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HomeMy WebLinkAbout2024-05-07 Agenda PacketIN-PERSON PUBLIC PARTICIPATION: Members of the public are welcome to attend City Council meetings in person. Alternate ways to view meetings live or on-demand include: livestreamed on HBTV Channel 3 (replayed on Wednesday at 10:00 a.m. and Thursday at 6:00 p.m.); live and archived meetings for on-demand viewing accessed from https://huntingtonbeach.legistar.com/calendar , https://bit.ly/SurfCityTV, or the City's YouTube Channel at https://www.youtube.com/cityofhb , or from any Roku, Fire TV or Apple device by downloading the Cablecast Screenweave App and searching for the City of Huntington Beach channel. PRESENTATION MATERIAL: Presentations/AV materials shall be submitted to staff no later than 9AM the day of the meeting to PublicPresentations@huntingtonbeachca.gov . Members of the audience and speakers shall not wear or display signs that obstruct the view of other audience members. Signs shall remain with the holder and shall not be placed in adjacent seats or in common areas. 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. Sign-ups to Request to Speak will begin in person 30 minutes prior to the start of Study Session, Closed Session, or Regular City Council Meeting, whichever comes first. Sign-ups will be accepted until the commencement of the public comment period. 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, May 7, 2024 4:30 PM Closed Session 6:00 PM Regular Meeting Council Chambers 2000 Main Street Huntington Beach, CA 92648 MAYOR AND CITY COUNCIL GRACEY VAN DER MARK, Mayor PAT BURNS, Mayor Pro Tem RHONDA BOLTON, Councilmember DAN KALMICK, Councilmember CASEY McKEON, Councilmember NATALIE MOSER, Councilmember TONY STRICKLAND, Councilmember STAFF ERIC G. PARRA, Interim City Manager MICHAEL E. GATES, City Attorney ROBIN ESTANISLAU, City Clerk ALISA BACKSTROM, City Treasurer 1 AGENDA May 7, 2024City Council/Public Financing Authority 4:30 PM - COUNCIL CHAMBERS CALL TO ORDER ROLL CALL Moser, Bolton, Burns, Van Der Mark, Strickland, McKeon, Kalmick CITY COUNCIL MEMBER COMMENTS (3-Minute Time Limit) The Mayor will facilitate a voluntary opportunity for members of the Huntington Beach City Council to individually make brief comments to the public. Please note that the Brown Act does not allow for lengthy comments, discussion, or action on topics that are not on the agenda. ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS PERTAINING TO CLOSED SESSION (Received After Agenda Distribution) PUBLIC COMMENTS PERTAINING TO CLOSED SESSION ITEMS (3-Minute Time Limit) At this time, the City Council will receive comments from members of the public regarding any topic, including items on the Study Session and/or Closed Session agendas. Individuals wishing to provide a comment on item(s) may do so in person by filling out a Request to Speak form delivered to the City Clerk. All speakers are encouraged, but not required to identify themselves by name. Each speaker may have up to 3 minutes unless the volume of speakers warrants reducing the time allowance. Please note that the Brown Act does not allow discussion or action on topics that are not on the agenda. Members of the public who would like to speak directly with a Councilmember on an item not on the agenda may consider scheduling an appointment by contacting the City Council's Administrative Assistant at (714) 536-5553 or emailing the entire City Council at city.council@surfcity-hb.org. RECESS TO CLOSED SESSION 24-3381.CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Torres (Florence) v. City of Huntington Beach; OCSC Case No.: 30-2023-01334230-CU-PO-CJC. 24-3392.CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Flanders (Emily) v. City of Huntington Beach; OCSC Case No: 30-2023-01328127-CU-PA-WJC. 24-3403.CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Clayton-Tarvin Page 1 of 11 2 AGENDA May 7, 2024City Council/Public Financing Authority (Gina) v. City of Huntington Beach, Michael Gates, et al.; OCSC Case No.: 30-2023-01329927. 24-3424.CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Garcia (Guadalupe Leticia), et al. v. City of Huntington Beach, et al.; USDC Case No.: 8:23-cv-01771-FWS (ADSx). 24-3435.CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Daniels (Enda) v. City of Huntington Beach; OCSC Case No.: 30-2023-01315163. 24-3446.CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Pacific Airshow, LLC v. City of Huntington Beach and Kim Carr; OCSC Case No. 30-2022-01287749. 24-3577.CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Bixby (Mark) v. Robin Estanislau, et al.; OCSC Case No.: 30-2023-01366664-CU-WM-CJC. 24-3608.CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). People of the State of California/Bonta v. City of Huntington Beach, et al.; Case No. 30-2024-01393606-CU-WM-NJC. 24-3459.CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Eric Parra, Interim City Manager; also in attendance: Marissa Sur, Director of Human Resources; Travis Hopkins, Assistant City Manager; Michael E. Gates, City Attorney; and Sunny Han, Chief Financial Officer. Employee Organization: Management Employees Organization (MEO). 24-35910.CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Eric Parra, Interim City Manager; also in attendance: Marissa Sur, Director of Human Resources; Travis Hopkins, Assistant City Manager; Michael E. Page 2 of 11 3 AGENDA May 7, 2024City Council/Public Financing Authority Gates, City Attorney; and Sunny Han, Chief Financial Officer. Employee Organization: Non-Represented Employees (N/A). 6:00 PM – COUNCIL CHAMBERS RECONVENE CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING ROLL CALL Moser, Bolton, Burns, Van Der Mark, Strickland, McKeon, Kalmick PLEDGE OF ALLEGIANCE INVOCATION In permitting a nonsectarian invocation, the City does not intend to proselytize or advance any faith or belief. Neither the City nor the City Council endorses any particular religious belief or form of invocation. 24-33211.Huntington Beach Police Chaplain James Pike 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 Page 3 of 11 4 AGENDA May 7, 2024City Council/Public Financing Authority Councilmembers may make brief announcements on any appointments made to a board, committee, or commission. Councilmembers may not discuss or take any action on these announcements. Announcements are limited to 1 minute. AB 1234 REPORTING Per AB 1234 (Government Code Section 53232.3(d)) Councilmembers who attend a meeting, conference, or similar event at the expense of the City must provide a brief report of the meeting, conference, or similar event during the next regular City Council meeting. Reports are limited to 1 minute. OPENNESS IN NEGOTIATION DISCLOSURES Councilmembers must publicly disclose any meetings or communications with City employee associations, related to the negotiations of labor agreements. Disclosures are limited to 1 minute and must be made by the next regular City Council Meeting. CITY MANAGER'S REPORT CITY TREASURER'S REPORT 24-31712.Receive and File the City Treasurer’s Quarterly Investment Report for March 2024 Receive and File the City Treasurer’s Quarterly Investment Report for March 2024, pursuant to Section 18.0 of the Investment Policy of the City of Huntington Beach. Recommended Action: CONSENT CALENDAR (Items 13-24) City Clerk 24-32213.Approve and Adopt Minutes Approve and adopt the City Council/Public Financing Authority regular meeting minutes of April 16, 2024. Recommended Action: 24-32314.Monthly Update of Activities for Citizen Boards, Commissions, Committees (BCCs) and Regional Agencies - April 2024 Receive and File. Recommended Action: City Manager 24-31015.Consider positions on legislation pending before the State Legislature, as recommended by the Intergovernmental Relations Page 4 of 11 5 AGENDA May 7, 2024City Council/Public Financing Authority Committee (IRC) Approve the legislative positions taken by IRC on April 17, 2024: A) OPPOSE AB 1886 (Alvarez). Housing Element law: substantial compliance: Housing Accountability Act. B) OPPOSE SB 450 (Atkins) Housing development: approvals C) OPPOSE SB 1037 (Wiener) Planning and zoning: housing element: enforcement D) OPPOSE SB 1211 (Skinner) Land use: accessory dwelling units: ministerial approval E) SUPPORT AB 2081 (Davies) Substance abuse: recovery and treatment programs. F) SUPPORT SB 1102 (Nguyen) Personal income tax law: corporation tax law: oil spill: exclusion G) SUPPORT SB 1214 California Commission on the Unites States Semiquincentennial Recommended Action: Fire 24-32116.Approve and authorize execution of the termination of City of Huntington Beach Memorandum of Understanding between the City of Huntington Beach and Friends of the HB Junior Guards A) Approve and authorize the Interim City Manager to execute Termination of City of Huntington Beach Memorandum of Understanding with Friends of the HB Junior Guards (Att 1); and B) Appropriate $129,000 to business unit 10065205 for the purchase of Junior Lifeguard Program clothing, uniforms and merchandise from the Friends of the HB City Junior Guards. Recommended Action: 24-32517.Approve and authorize an agreement with Huntington Surf and Sport for Junior Lifeguard Program clothing, uniforms and merchandise Approve and authorize the Interim City Manager to execute the agreement with Huntington Surf and Sport for Junior Lifeguard Program clothing, uniforms and merchandise. Recommended Action: 24-31118.Approve and authorize execution of Amendment No. 1 to the Memorandum of Understanding (MOU) between the City of Huntington Beach and Huntington Beach Fire Outreach Foundation Page 5 of 11 6 AGENDA May 7, 2024City Council/Public Financing Authority (HBFOF) Approve and authorize the Interim City Manager to execute Amendment No. 1 to the Memorandum of Understanding between the City of Huntington Beach and the Huntington Beach Fire Outreach Foundation. Recommended Action: Police 24-28119.Approve and authorize a three-year Service Agreement with the City of Newport Beach for supplemental law enforcement services Approve and authorize the Mayor and City Clerk to execute the "Agreement for Supplemental Law Enforcement Services between the City of Huntington Beach and the City of Newport Beach” in an amount not to exceed $120,000. Recommended Action: Public Works 24-07220.Approve Agreement for Provision of Sewer Services for Tract 19245 in the City of Fountain Valley A) Approve and authorize the Mayor to execute the Agreement for Provision of Sewer Services (Attachment 2) between the City of Fountain Valley, the Developer, Bonanni Development Company VI, LLC, and the City of Huntington Beach for Tract 19245 in the City of Fountain Valley; and, B) Instruct the City Clerk to record the Agreement for Provision of Sewer Services with the County of Orange Recorder’s office. Recommended Action: 24-23221.Accept bid and authorize execution of a construction contract with Klassic Engineering & Construction, Inc. in the amount of $273,425.90 for the LeBard Park Improvements Project, CC-1668 and authorize change orders not to exceed 15 percent A) Accept the next lowest responsive and responsible bid submitted by Klassic Engineering & Construction, Inc. in the amended amount of $273,425.90; and, B) Authorize the Mayor and City Clerk to execute a construction contract in the form approved by the City Attorney; and, C) Authorize the Director of Public Works to execute change orders not to exceed a total of 15 percent of the contract construction costs, or $41,013.89 . Recommended Action: Page 6 of 11 7 AGENDA May 7, 2024City Council/Public Financing Authority 24-25322.Approve AB 2766/MSRC Microtransit Service Grant Agreement with the South Coast Air Quality Management District (“SCAQMD”) to provide funding for the City’s downtown shuttle service agreement with Circuit Transit, Inc. (“Circuit”) A) Approve the AB 2766/MSRC Microtransit Service Grant Agreement with the South Coast Air Quality Management District for the downtown shuttle service agreement funding for Circuit Transit, Inc.; and B) Grant permission to the Director of Public Works to execute the AB 2766/MSRC Microtransit Service Grant Agreement with the South Coast Air Quality Management District electronically; and C) Approve a budget appropriation of $279,186 for the AQMD/MSRC grant funds into business unit 129185101.69505 . Recommended Action: 24-28823.Approve Amendment No. 3 to the City’s Professional Services Contract for On-Call Water and Engineering Services with HDR Engineering, Inc. to extend the contract term for an additional two years Approve Amendment No. 3 to Professional Services Contract for On-Call Water and Engineering Services with HDR Engineering, Inc . Recommended Action: 24-31924.Adopt Resolution No. 2024-21 authorizing an application for funds for the Environmental Cleanup, Tier 1 Grant Program under the Orange County Transportation Authority (OCTA) Environmental Cleanup Program Adopt Resolution No. 2024-21, “A Resolution of the City Council of the City of Huntington Beach Authorizing an Application for Grant Funds for the Environmental Cleanup Tier 1 Grant Program Under the Orange County Transportation Authority Environmental Cleanup Program.” Recommended Action: PUBLIC HEARING For the benefit of the public, prior to a public hearing item, each member of the City Council will disclose any ex parte communications they may have had pertaining to the item. In simple terms, public hearings are quasi-judicial proceedings and the information used by the City Council to make its decisions should be limited to that which is obtained during the public hearing. Ex parte communications, then, means any information obtained outside of a public hearing. In such public hearing proceedings, the City Council must uphold constitutional and statutory due process rights Page 7 of 11 8 AGENDA May 7, 2024City Council/Public Financing Authority of present and non-present parties by disclosing ex parte communications. Ex parte communications include oral and written information, as well as visual or auditory information obtained during a site visit. Individuals wishing to provide a comment on an item scheduled for Public Hearing 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. 24-24725.Consideration of the 2024-2025 Annual Action Plan for Federal Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) Entitlement Grant Programs Staff recommends that the City Council approve and authorize the following in compliance with the Consolidated Plan Procedures of 24 CFR Part 91: A) Conduct a public hearing for the 2024-25 Action Plan; and, B) Adopt Resolution No. 2024-17, “A Resolution of the City Council of the City of Huntington Beach, California, Approving the 2024-2025 Annual Action Plan for Federal Community Development Block Grant and HOME Investment Partnerships Programs”; and, C) Authorize the City Manager to sign all necessary related documents. Recommended Action: 24-29926.Approve Zoning Text Amendment No. 23-002 (Zoning Update) by approving for introduction Ordinance Nos. 4307, 4308, 4309, 4310, 4311, 4312, 4313, 4314 and Resolution No. 2024-22; and, Approve for introduction Ordinance No. 4322 amending Title 3 of the Huntington Beach Municipal Code (HBMC) titled Revenue and Finance A) Find Zoning Text Amendment No. 23-002 exempt from the California Environmental Quality Act (CEQA) pursuant to City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act because the request is a minor amendment to the zoning ordinance that does not change the development standards intensity or density and in accordance with the BECSP Program Environmental Impact Report No. 08-008 certified by the Planning Commission on December 8, 2009. Pursuant to CEQA Guidelines Section 15162 and 15163, no subsequent EIR or supplement to the EIR need be prepared for this ZTA and no further environmental review or documentation is required; B) Approve Zoning Text Amendment No. 23-002 with findings (Attachment No. 1) and approve for introduction: Recommended Action: Page 8 of 11 9 AGENDA May 7, 2024City Council/Public Financing Authority 1. Ordinance No. 4307, “An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 203 Definitions of the Huntington Beach Zoning and Subdivision Ordinance (Zoning Text Amendment No. 23-002)”; (Attachment No.2) 2. Ordinance No. 4308, “An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 210 Residential Districts of the Huntington Beach Zoning and Subdivision Ordinance (Zoning Text Amendment No. 23-002)”; (Attachment No. 3) 3. Ordinance No. 4309, “An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 211 C Commercial Districts of the Huntington Beach Zoning and Subdivision Ordinance (Zoning Text Amendment No. 23-002)”; (Attachment No. 4) 4. Ordinance No. 4310, “An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 212 I Industrial Districts of the Huntington Beach Zoning and Subdivision Ordinance (Zoning Text Amendment No. 23-002)”; (Attachment No. 5) 5. Ordinance No. 4311, “An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 218 M Mixed Use-Transit Center District of the Huntington Beach Zoning and Subdivision Ordinance (Zoning Text Amendment No. 23-002)”; (Attachment No. 6) 6. Ordinance No. 4312, “An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 230 Site Standards of the Huntington Beach Zoning Code and Subdivision Ordinance (Zoning Text Amendment No. 23-002)”; (Attachment No. 7) 7. Ordinance No. 4313, “An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 231 Off-Street Parking and Loading Provisions of the Huntington Beach Zoning and Subdivision Ordinance (Zoning Text Amendment No. 23-002)”; (Attachment No. 8) 8. Ordinance No. 4314, “An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 241 Conditional Use Permits and Variances - Temporary Use Permits-Waiver of Development Standards of the Huntington Beach Zoning and Subdivision Ordinance (Zoning Text Amendment No. 23-002)”; (Attachment No. 9) 9. Resolution No. 2024-22, “A Resolution of the City Council of the City of Huntington Beach Approving an Amendment to the Beach and Edinger Corridors Specific Plan (SP 14) (Zoning Text Amendment No. 23-002)”; (Attachment No. 10) and C) Find the Municipal Code Amendment exempt from the California Environmental Quality Page 9 of 11 10 AGENDA May 7, 2024City Council/Public Financing Authority Act Approve Municipal Code Amendment and approve for introduction: Ordinance No. 4322, “An Ordinance of the City Council of the City of Huntington Beach Amending the Huntington Beach Municipal Code by Adding New Chapter 3.60 Entitled “Joint Exercise of Power Agreements .” (Attachment No. 11) ADMINISTRATIVE PUBLIC HEARING 24-31627.Conduct Administrative Public Hearing for the 2024 Annual Weed Abatement Program and authorize the Director of Public Works to proceed with abatement A) Open a public hearing for any objections to the proposed removal of weeds and rubbish; and, B) Authorize the Director of Public Works to proceed with the abatement of the nuisance. Recommended Action: 24-31328.Receive Public Comment Pursuant to CA Government Code - GOV § 54954.6 Regarding the Modification of the Management District Plan for the Huntington Beach Tourism Business Improvement District Receive and file public comment related to the proposed modification of the Management District Plan for the Huntington Beach Tourism Business Improvement District per adopted Resolution No. 2024-13. Recommended Action: COUNCIL MEMBER ITEMS 24-33729.Item Submitted by Council Member Kalmick - Sign Code Update (HBZSO Section 233) - Request Action A) Direct the City Manager to present a Zoning Text Amendment to strike Row 2 of Huntington Beach Zoning and Subdivision Ordinances Section 233.08 (O) - Temporary Signs, entitled “Non-Commercial signs in the public right-of-way”, by the July 16, 2024 City Council Meeting to ensure enough time to have the amended ordinance go into effect before the November 2024 election, as originally envisioned two years prior; and B) Direct the City Attorney’s Office to return to the City Council within 60 days with a legal memo on the Sign Code as was proffered in February of 2024. Recommended Action: 24-35030.Item Submitted by Council Members Bolton, Kalmick, and Moser - HB Public Library: Vote of the People to Privatize/Outsource (Charter Amendment) and Postpone/Terminate RFP Process Until After Vote Page 10 of 11 11 AGENDA May 7, 2024City Council/Public Financing Authority Direct the City Manager, City Attorney and City Clerk to prepare resolutions, ordinances, and any other materials necessary to place two items for consideration on the November 5, 2024 General Election ballot and agendize for a vote at our June 4, 2024 City Council Meeting: 1) A Charter Amendment to require a majority vote of the City Council and a majority vote of the electors of Huntington Beach to approve any proposal that would change the wholesale management of the library, and/or any proposal to operate the library with a private contractor that would employ library staff to achieve cost savings; and, 2) An advisory vote of the electors of Huntington Beach on whether to hire a third-party contractor to operate the HBPL; a replacement of the current management structure, as proposed by the City Council at its March 19, 2024 meeting. Additionally, direct the City Manager to cease any further work on the Request for Proposals (RFP) as it relates to the action taken at the March 19, 2024 meeting. Recommended Action: COMMENTS AND MOMENT OF SILENCE TO HONOR THE PASSING OF FORMER MAYOR SHIRLEY DETTLOFF ADJOURNMENT The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority is Tuesday, May 21, 2024, 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 11 of 11 12 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:24-338 MEETING DATE:5/7/2024 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Torres (Florence) v. City of Huntington Beach; OCSC Case No.: 30- 2023-01334230-CU-PO-CJC. City of Huntington Beach Printed on 5/1/2024Page 1 of 1 powered by Legistar™13 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:24-339 MEETING DATE:5/7/2024 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Flanders (Emily) v. City of Huntington Beach; OCSC Case No: 30-2023 -01328127-CU-PA-WJC. City of Huntington Beach Printed on 5/1/2024Page 1 of 1 powered by Legistar™14 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:24-340 MEETING DATE:5/7/2024 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Clayton-Tarvin (Gina) v. City of Huntington Beach, Michael Gates, et al.; OCSC Case No.: 30-2023-01329927. City of Huntington Beach Printed on 5/1/2024Page 1 of 1 powered by Legistar™15 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:24-342 MEETING DATE:5/7/2024 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Garcia (Guadalupe Leticia), et al. v. City of Huntington Beach, et al.; USDC Case No.: 8:23-cv-01771-FWS (ADSx). City of Huntington Beach Printed on 5/1/2024Page 1 of 1 powered by Legistar™16 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:24-343 MEETING DATE:5/7/2024 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Daniels (Enda) v. City of Huntington Beach; OCSC Case No.: 30-2023- 01315163. City of Huntington Beach Printed on 5/1/2024Page 1 of 1 powered by Legistar™17 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:24-344 MEETING DATE:5/7/2024 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Pacific Airshow, LLC v. City of Huntington Beach and Kim Carr; OCSC Case No. 30-2022-01287749. City of Huntington Beach Printed on 5/1/2024Page 1 of 1 powered by Legistar™18 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:24-357 MEETING DATE:5/7/2024 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Bixby (Mark) v. Robin Estanislau, et al.; OCSC Case No.: 30-2023- 01366664-CU-WM-CJC. City of Huntington Beach Printed on 5/1/2024Page 1 of 1 powered by Legistar™19 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:24-360 MEETING DATE:5/7/2024 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). People of the State of California/Bonta v. City of Huntington Beach, et al.; Case No. 30-2024-01393606-CU-WM-NJC. City of Huntington Beach Printed on 5/1/2024Page 1 of 1 powered by Legistar™20 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:24-345 MEETING DATE:5/7/2024 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Eric Parra, Interim City Manager; also in attendance: Marissa Sur, Director of Human Resources; Travis Hopkins, Assistant City Manager; Michael E. Gates, City Attorney; and Sunny Han, Chief Financial Officer. Employee Organization: Management Employees Organization (MEO). City of Huntington Beach Printed on 5/1/2024Page 1 of 1 powered by Legistar™21 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:24-359 MEETING DATE:5/7/2024 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Eric Parra, Interim City Manager; also in attendance: Marissa Sur, Director of Human Resources; Travis Hopkins, Assistant City Manager; Michael E. Gates, City Attorney; and Sunny Han, Chief Financial Officer. Employee Organization: Non-Represented Employees (N/A). City of Huntington Beach Printed on 5/1/2024Page 1 of 1 powered by Legistar™22 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:24-332 MEETING DATE:5/7/2024 Huntington Beach Police Chaplain James Pike City of Huntington Beach Printed on 5/1/2024Page 1 of 1 powered by Legistar™23 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:24-317 MEETING DATE:5/7/2024 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Alisa Backstrom, City Treasurer VIA:Alisa Backstrom, City Treasurer PREPARED BY:Alisa Backstrom, City Treasurer Subject: Receive and File the City Treasurer’s Quarterly Investment Report for March 2024 Statement of Issue: Receive and File the City Treasurer’s Quarterly Investment Report for March 2024, pursuant to Section 18.0 of the Investment Policy of the City of Huntington Beach. Financial Impact: Not Applicable Recommended Action: Receive and File the City Treasurer’s Quarterly Investment Report for March 2024, pursuant to Section 18.0 of the Investment Policy of the City of Huntington Beach. Alternative Action(s): Deny or Critique Quarterly Investment Report. Analysis: Not Applicable Environmental Status: This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. City of Huntington Beach Printed on 5/1/2024Page 1 of 2 powered by Legistar™24 File #:24-317 MEETING DATE:5/7/2024 Strategic Plan Goal: Non Applicable - Administrative Item For details, visit www.huntingtonbeachca.gov/strategicplan <http://www.huntingtonbeachca.gov/strategicplan>. Attachment(s): 1. Treasurer’s Quarterly Report of March 2024 2. PowerPoint Presentation Treasurer’s Quarterly Investment Report for March 2024 City of Huntington Beach Printed on 5/1/2024Page 2 of 2 powered by Legistar™25   City of Huntington Beach Quarterly Investment Report March 2024 Prepared by: Alisa Backstrom, MBA, CCMT, CPFIM City Treasurer Colin Stevens, MPP Treasury Manager 1 26 HUNTI NGTON BEACH   INVESTMENT PORTFOLIO SUMMARY As of March 31, 2024 Currently, funds within this portfolio with overnight availability are invested in the California Asset Management Program “CAMP”. The CAMP account is considered a “Local Government Investment Pool” or “LGIP” for reporting purposes above. Other funds are invested in U.S. Treasuries, Supranationals (International Bank of Reconstruction and Development “IBRD”, Inter-American Development Bank “IADB”), U.S. Agencies, money market funds, and corporate bonds. Only the investment types allowed under California Government code Section 53601 and the City’s Investment Policy Statement are utilized. After raising the federal funds rate by 5.25 percentage points since March 2022 in one of the Fed’s fastest and largest rate hike campaigns, The Federal Open Market Committee (“FOMC” or “the Fed”) has held the rate steady since July of last year. At the most recent March 2024 meeting, the FOMC maintained the federal funds rate at 5.25 to 5.50 percent. As interest rates have been rising and have remained at elevated levels, the market value of securities previously purchased at lower than the current market rates, is down. This has resulted in the current market value of the portfolio being lower than the book value, at $371.3 million versus $381.4 million, respectively. As investments are primarily held to maturity, the market value is only a point-in-time measurement and no loss is realized. The increasing interest rates will allow excess funds to be invested at higher rates resulting in increased interest income in the future. 2 27 HUN TIN GTON BEACH Portfolio Investments I Par Value Book Value Market Value Book Value Book Yield Book Yield Days to %of Port Contribution Maturity Cash / Money Market $630,181.12 $630,181.12 $630,181.12 0 .17% 5.19% 0 .01% 1 Local Govt Inv Pools (LGIP) $18,239 ,724.65 $18,239,724.65 $18 ,239,724.65 4.78% 5.48% 0 .26% 1 U.S. Treasuries $93,000,000.00 $92,614,801 .84 $90,143,810.00 24.28% 2.39% 0.58% 652 Supranationa l $40,000,000.00 $39,527,425.69 $38 ,517 ,300.00 10.36% 2.51 % 0 .26% 1,011 U.S. Agencies $174,980,000.00 $174,741 ,023.96 $168,833,576 .35 45.81% 2.27% 1.04% 660 Corporates $56,571 ,000.00 $55,692,364.19 $54 ,967,152.18 14.60% 3 .39% 0.50% 664 Total $383,420,905.77 $381 ,445,521.45 $371 ,331 ,744.30 100.00% 2.65% 662 PORTFOLIO BREAKOUT BY SECTOR As of March 31, 2024 The largest holding by security type at month-end was U.S. Agency securities at approximately 46% of the total overall portfolio. This was followed by U.S. Treasury securities at approximately 24% of the total portfolio as of March 31, 2024. Cash held in the Local Government Investment Pools (“LGIP”) has been reduced as higher interest rates have become available in marketable securities. INVESTMENT PORTFOLIO EARNINGS As of March 31, 2024 3 28 HUNTI NGTON BEACH Sector Breakdown Corporates ____ ~ 14.60% U.S. Agencies __ __,, 45.81 % Cash / Money Market 0.17% Local Govt Inv Pools (LGIP} 4.78% U.S. Treasuries 24.28 % ~_ Supranational 10.36% Book Value % of Port ..__ ___ P_e_ri_o_d_E_a_rn_i_ng_s_S_u_m_m_a_ry_(3_1_D_a_y_s_) ___ ___,I '-I ____ F_i_sc_a_l _YT_D_S_u_m_m_a_ry_(_2_7_S_D_a_y_s_) ___ _____, Net Period Earnings $844,665 .99 Net Period Earnings $7 ,119,725 .23 Last FY Period Net Earnings $574,350.72 Last FY Period Net Earnings $3 ,875,462.55 Avg Daily Book Balance $380,972,664.17 Avg Daily Book Balance $364,817,542 .27 Net Effective Annual Return 2.649% Net Effective Annual Return 2.606% Earnings for the month of March 2024 were $844,666, an increase of approximately 47% from the same month in the prior year. Fiscal year to date earnings of $7,119,725 were up approximately 84% from the previous fiscal year. These higher earnings were due to both the increase in interest rates and the higher average balance of the portfolio. The effective rate of return for March was 2.65%, with a fiscal year-to-date return of 2.61%. The benchmark has increased rapidly with the sharp rise in interest rates through 2022 into 2023. At the end of March, the 12-month moving average of the interpolated 1.5-year U.S. Treasury was 4.86%. The portfolio will lag behind the benchmark, as it will take time for previously purchased securities to mature and for funds to be reinvested. QUARTERLY PORTFOLIO ACTIVITY January 1 to March 31, 2024 As interest rates have remained elevated throughout the first quarter, available funds were invested into higher yielding options. For the quarter ending March 31, 2024, three U.S. Treasuries were purchased totaling $20.0 million, one Supranational was purchased totaling $5.0 million, and one Corporate Bond was purchased totaling $5.0 million. Two U.S. Agencies matured for $8.0 million. 4 29 HUNTI NGTON BEACH $ in 000s Transaction Type : Sec uri ty Type Purchase Ma t urity /Sa l e Commercial Pape r $0 $0 U.S. Treasuries $20,000 $0 Supran at i o nal s $5,000 $0 U.S. Age nci es $0 $8,000 Corporate Bo nd s $5,000 $0 TOTALS: $30,000 $8,000   COMPLIANCE SUMMARY As of March 31, 2024 There were no compliance issues during this period. ECONOMIC AND MARKET OVERVIEW The Federal Open Market Committee (FOMC) met in March to discuss the current state of the economy and to examine potential future interest rate adjustments. They concluded that economic activity has been expanding at a solid pace, job gains have remained strong, and the unemployment rate has remained low. In determining the extent of additional policy firming that may be appropriate to return inflation to 2 percent over time, the Committee will consider the cumulative tightening of monetary policy, the lags with which monetary policy affects economic activity and inflation, and economic and financial developments. 5 30 HUNTI NGTON BEACH MAXIMUM INVESTMENT MAXIMUM SPECIFIED% OF MINIMUM QUALITY IN PORTFOLIO/ TYPE MATURITY MAXIMUM PER REQUIREMENTS COMPLIANCE? ISSUER U .S. Treasuri es 5 years None None YES U .S. Agenc i es 5 years None None YES Supranati ona l s 5 years 30% .. AA .. Rating Category YES Corporate Bonds 5 years 30%/10% .. A .. Rating Category YES Money Market 60 days 15%/10% .. AAA .. Rating Mutua l Funds Category YES CA Asset Management N/A Up to $75,000,000 None Program (CAMP) YES Max i mum Maturi t i es No more than 50% of portfoli o maturing over 4 years. YES MARKET SUMMARY: DECEMBER 29, 2023 -MARCH 31 , 2024 fed Funds 2-Yr. 10-Yr. As of: Rate Treasury Treasury S&P 500 DJIA 1 2 /29/2023 5.25-5.50 % 4 .23% 3 .88% $ 4 ,769 .83 $ 37,689.54 3 /28/2024 5 .25-5.50 % 4 .59% 4 .20% $ 5 ,254.35 $ 39 ,807.37 % Change 0 .00% 8 .5 1 % 8 .25% 1 0 .1 6 % 5 .62% Fixed Income / Equity Markets: The yield on the 10-year U.S. Treasury finished the quarter at 4.20%, up from 3.88% at the end of December last year. The S&P 500 increased by 10.16% and the DJIA increased by 5.62% respectively, over the same period. Employment: Total nonfarm payroll employment rose by 303,000 in March, and the unemployment rate was little changed at 3.8 percent. Notable job gains occurred in health care, government, and construction. 6 31 HUNTI NGTON BEACH Portfolio Summary City of Huntington Beach Portfolio: CITY Reporting Date: (FY2024) 03/01/2024 - 03/31/2024 Full Accrual Basis Par Value Book Value Market Value Book Value % of Port Book Yield Book Yield Contribution Days to Maturity Cash / Money Market Local Govt Inv Pools (LGIP) U.S. Treasuries Supranational U.S. Agencies Corporates Hold Total $630,181.12 $630,181.12 $630,181.12 0.17%5.19%0.01%1 $18,239,724.65 $18,239,724.65 $18,239,724.65 4.78%5.48%0.26%1 $93,000,000.00 $92,614,801.84 $90,143,810.00 24.28%2.39%0.58%652 $40,000,000.00 $39,527,425.69 $38,517,300.00 10.36%2.51%0.26%1,011 $174,980,000.00 $174,741,023.96 $168,833,576.35 45.81%2.27%1.04%660 $56,571,000.00 $55,692,364.19 $54,967,152.18 14.60%3.39%0.50%664 $383,420,905.77 $381,445,521.45 $371,331,744.30 100.00%2.65%662 Portfolio Investments 03/31/2024 Date City Treasurer TitleAlisa Backstrom I certify that this report and the corresponding pages attached accurately reflect all portfolio combined investments and conforms with all California state statutes and the Huntington Beach investment policy filed on December 19, 2023. The investment program herein shown provides sufficient cash flow liquidity to meet the next six month's obligations. Market values are provided by US Bank via Interactive Data Corp (IDC) City Portfolio Certification Fiscal YTD Transactions Redemptions 1 Purchases 2 Total Activity 3 Period Transactions Redemptions 12 Purchases 13 Total Activity 25 Net Period Earnings $7,119,725.23 Last FY Period Net Earnings $3,875,462.55 Avg Daily Book Balance $364,817,542.27 $1.00 $1.00 Net Effective Annual Return 2.606% Net Period Earnings $844,665.99 Last FY Period Net Earnings $574,351.34 Avg Daily Book Balance $380,972,664.17 $1.00 $1.00 Net Effective Annual Return 2.649% Fiscal YTD Summary (275 Days)Period Earnings Summary (31 Days) ________________________________________________________________ sum2 Total Market Value $1.00 $371,331,744.30 sum2 Total Book Value $2.00 $381,445,521.45 Market Value Book Value Par Value sum2 Total Par Value $1.00 $383,420,905.77 The City Portfolio uses a 12 month moving average of the 1.5Yr Treasury for comparison purposes. This period, that rate is equal to: 4.860% ____________________________________________ 7 32 1 " '·"~·1 ··-' ' • ~ -;, ... :.~ lf -~ ~ I 11 l I I I l l Ag I l I Accounting ID Ticker Pool Description Type Par Value Book Value Market Value Rate % of Portfolio 104 FUZXX First American Treasury Obligations Cash/Money Market           630,181.12              630,181.12              630,181.12              5.190 0.17% Cash/Money Market Total           630,181.12              630,181.12              630,181.12    0.17% 003 CAMP California Asset Management Program LGIP           18,239,724.65               18,239,724.65               18,239,724.65               5.480 4.78% LGIP Total           18,239,724.65               18,239,724.65               18,239,724.65    4.78% Portfolio: CITYCash By Structure Report City of Huntington Beach Reporting Period: 03/31/2024 Report Run Date: Apr 22, 2024 8 33 Accounting ID Transaction Type Cusip Description Price Settlement Date Posted Date Par Value Principal Accrued Interest Total 4292 Maturity 3133ECHX5 FFCB 2.260 03/13/2024 100.00000    03/13/2024 03/13/2024 5,000,000.00              5,000,000.00              0.00              5,000,000.00     Activity Total 5,000,000.00               5,000,000.00              0.00              5,000,000.00     Portfolio: CITY Bond Redemption Activity Report City of Huntington Beach Reporting Period: 03/31/2024 Report Run Date: Apr 22, 2024 9 34 >- Accounting ID Transaction Type Cusip Description Price Settlement Date Posted Date Par Value Principal Accrued Interest Total 4411 Buy 91282CHM6 T 4.500 07/15/2026 100.25900    03/12/2024 03/12/2024 5,000,000.00              5,012,950.00              35,233.52              5,048,183.52     4412 Buy 24422EXB0 DE 4.950 07/14/2028 101.10200    03/27/2024 03/27/2024 5,000,000.00              5,055,100.00              50,187.50              5,105,287.50     Activity Total 10,000,000.00               10,068,050.00               85,421.02               10,153,471.02     Portfolio: CITY Bond Purchase Activity Report City of Huntington Beach Reporting Period: 03/31/2024 Report Run Date: Apr 22, 2024 10 35 f- f- Accounting ID Transaction Type Cusip Description Date Posted Interest Received Purchased Interest Adjustment Net Interest 4333 Interest Income 3130ALEY6 FHLB 0.800 03/04/2026 03/04/2024           20,000.00              20,000.00     4372 Interest Income 931142EW9 WMT 3.900 09/09/2025 03/11/2024           97,500.00              97,500.00     4404 Interest Income 037833DN7 AAPL 2.050 09/11/2026 03/11/2024           51,250.00              24,201.39              27,048.61     4405 Interest Income 3130AWWN6 FHLB 4.500 09/10/2027 03/11/2024           113,602.50              60,699.38              52,903.12     4343 Interest Income 14913R2P1 CAT 0.600 09/13/2024 03/13/2024           15,000.00              15,000.00     4373 Interest Income 3133XVDG3 FHLB 4.375 09/13/2024 03/13/2024           109,375.00              109,375.00     4292 Interest Income 3133ECHX5 FFCB 2.260 03/13/2024 03/13/2024           56,500.00              56,500.00     4332 Interest Income 3130AMQ62 FHLB 0.625 03/14/2025 03/14/2024           15,625.00              15,625.00     4331 Interest Income 3130AMQ54 FHLB 0.700 09/16/2025 03/18/2024           17,500.00              17,500.00     Activity Total           496,352.50              84,900.77              411,451.73     Portfolio: CITY Bond Interest Received Report City of Huntington Beach Reporting Period: 03/31/2024 Report Run Date: Apr 22, 2024 11 36 - - - - Accounting ID CUSIP Ticker Coupon Maturity Date Short Description Trade Date Settlement Date Par Value Book Value Market Value Gain/Loss Book Yield Effective Duration Days to Maturity (%) of Portfolio Moodys Rating S&P Rating Fitch Rating 4364 9128286Z8 T 1.750     06/30/2024 U.S. Treasury Note 04/29/2022 05/02/2022 7,000,000.00     6,983,675.82     6,937,490.00     (46,185.82) 2.730 0.24 90 1.83% Aaa AA+ AA+ 4370 912828XX3 T 2.000    06/30/2024 U.S. Treasury Note 05/26/2022 05/27/2022 5,000,000.00    4,994,485.29    4,957,750.00    (36,735.29)2.462 0.24 90 1.31%Aaa AA+AA+ 4353 912828Y87 T 1.750     07/31/2024 U.S. Treasury Note 01/13/2022 01/14/2022 5,000,000.00     5,011,787.41     4,941,200.00     (70,587.41) 1.028 0.33 121 1.31% Aaa AA+ AA+ 4358 912828Y87 T 1.750     07/31/2024 U.S. Treasury Note 02/10/2022 02/11/2022 4,000,000.00     4,002,003.68     3,952,960.00     (49,043.68) 1.595 0.33 121 1.05% Aaa AA+ AA+ 4361 912828D56 T 2.375     08/15/2024 U.S. Treasury Note 03/21/2022 03/22/2022 5,000,000.00     5,002,423.03     4,945,050.00     (57,373.03) 2.240 0.37 136 1.31% Aaa AA+ AA+ 4298 912828YH7 T 1.500     09/30/2024 U.S. Treasury Note 12/04/2019 12/05/2019 5,000,000.00     4,997,726.29     4,907,900.00     (89,826.29) 1.595 0.49 182 1.31% Aaa AA+ AA+ 4350 912828YM6 T 1.500     10/31/2024 U.S. Treasury Note 12/30/2021 12/31/2021 3,000,000.00     3,009,983.22     2,935,770.00     (74,213.22) 0.920 0.57 213 0.79% Aaa AA+ AA+ 4376 91282CEU1 T 2.875     06/15/2025 U.S. Treasury Note 11/17/2022 11/18/2022 3,000,000.00     2,952,494.04     2,927,340.00     (25,154.04) 4.276 1.16 440 0.77% Aaa AA+ AA+ 4330 91282CAB7 T 0.250     07/31/2025 U.S. Treasury Note 05/18/2021 05/19/2021 5,000,000.00     4,976,048.50     4,703,900.00     (272,148.50) 0.615 1.30 486 1.30% Aaa AA+ AA+ 4340 91282CAJ0 T 0.250     08/31/2025 U.S. Treasury Note 09/23/2021 09/27/2021 5,000,000.00     4,966,200.31     4,687,900.00     (278,300.31) 0.735 1.38 517 1.30% Aaa AA+ AA+ 4351 9128284Z0 T 2.750     08/31/2025 U.S. Treasury Note 12/30/2021 12/31/2021 5,000,000.00     5,113,824.94     4,856,850.00     (256,974.94) 1.103 1.36 517 1.34% Aaa AA+ AA+ 4411 91282CHM6 T 4.500     07/15/2026 U.S. Treasury Note 03/11/2024 03/12/2024 5,000,000.00     5,012,647.08     4,992,600.00     (20,047.08) 4.380 2.13 835 1.31% Aaa AA+ AA+ 4341 91282CCP4 T 0.625     07/31/2026 U.S. Treasury Note 09/30/2021 09/30/2021 5,000,000.00     4,963,062.07     4,569,550.00     (393,512.07) 0.950 2.26 851 1.30% Aaa AA+ AA+ 4339 91282CCW9 T 0.750     08/31/2026 U.S. Treasury Note 09/23/2021 09/23/2021 1,000,000.00     996,698.00    914,100.00     (82,598.00) 0.890 2.34 882 0.26% Aaa AA+ AA+ 4342 91282CCW9 T 0.750     08/31/2026 U.S. Treasury Note 11/22/2021 11/23/2021 5,000,000.00     4,937,501.79     4,570,500.00     (367,001.79) 1.285 2.34 882 1.29% Aaa AA+ AA+ 4379 91282CEW7 T 3.250     06/30/2027 U.S. Treasury Note 12/28/2022 12/29/2022 5,000,000.00     4,889,536.95     4,828,500.00     (61,036.95) 4.000 3.00 1,185 1.28% Aaa AA+ AA+ 4406 91282CEW7 T 3.250     06/30/2027 U.S. Treasury Note 12/21/2023 12/22/2023 5,000,000.00     4,893,294.71     4,828,500.00     (64,794.71) 3.960 3.00 1,185 1.28% Aaa AA+ AA+ 4409 91282CFB2 T 2.750    07/31/2027 U.S. Treasury Note 01/18/2024 01/19/2024 5,000,000.00    4,795,478.04    4,748,450.00    (47,028.04)4.080 3.11 1,216 1.26%Aaa AA+AA+ 4408 91282CHQ7 T 4.125    07/31/2028 U.S. Treasury Note 01/12/2024 01/16/2024 10,000,000.00    10,115,930.64    9,937,500.00    (178,430.64)3.831 3.89 1,582 2.65%Aaa AA+AA+ U.S. Treasuries 93,000,000.00     92,614,801.84     90,143,810.00     (2,470,991.84)24.28% 4323 459056HV2 IBRD 1.500    08/28/2024 Int'l Bank for Recon and Dev 04/21/2021 04/23/2021 5,000,000.00    5,021,763.32    4,923,550.00    (98,213.32)0.425 0.40 149 1.32%Aaa AAA AAA 4338 459058JE4 IBRD 0.376    07/28/2025 Int'l Bank for Recon and Dev 07/28/2021 07/30/2021 5,000,000.00    4,986,399.86    4,713,100.00    (273,299.86)0.583 1.29 483 1.31%Aaa AAA AAA 4319 459058JL8 IBRD 0.500    10/28/2025 Int'l Bank for Recon and Dev 01/08/2021 01/12/2021 5,000,000.00    4,999,096.61    4,676,650.00    (322,446.61)0.512 1.53 575 1.31%Aaa AAA AAA 4324 45906M2L4 IBRD 0.650    02/24/2026 Int'l Bank for Recon and Dev 04/28/2021 04/30/2021 5,000,000.00    4,979,596.66    4,616,150.00    (363,446.66)0.870 1.84 694 1.31%Aaa AAA AAA 4401 45818WEQ5 IADB 3.800    06/09/2028 Inter-American Development Bank 09/19/2023 09/21/2023 5,000,000.00    4,846,668.90    4,873,150.00    26,481.10    4.622 3.77 1,530 1.27%Aaa AAA AAA 4402 459058KT9 IBRD 3.500    07/12/2028 Int'l Bank for Recon and Dev 11/09/2023 11/13/2023 5,000,000.00    4,760,452.05    4,831,800.00    71,347.95    4.760 3.88 1,563 1.25%Aaa AAA AAA 4403 459058KT9 IBRD 3.500    07/12/2028 Int'l Bank for Recon and Dev 12/04/2023 12/06/2023 5,000,000.00    4,836,547.92    4,831,800.00    (4,747.92)4.350 3.88 1,563 1.27%Aaa AAA AAA 4410 459058KW2 IBRD 4.625    08/01/2028 Int'l Bank for Recon and Dev 01/23/2024 01/25/2024 5,000,000.00    5,096,900.37    5,051,100.00    (45,800.37)4.130 3.85 1,583 1.34%Aaa AAA AAA Supranational 40,000,000.00     39,527,425.69     38,517,300.00     (1,010,125.69)10.36% 4378 3130ATVC8 FHLB 4.875    06/14/2024 Federal Home Loan Bank 12/27/2022 12/28/2022 5,000,000.00    5,001,214.35    4,993,650.00    (7,564.35)4.740 0.20 74 1.31%Aaa AA+ 4348 3130AQD42 FHLB 0.920    06/28/2024 Federal Home Loan Bank 12/14/2021 12/28/2021 5,000,000.00    5,000,000.00    4,948,350.00    (51,650.00)0.920 0.24 88 1.31%Aaa AA+ 4380 3134GYCP5 FHLMC 5.000    07/23/2024 Freddie Mac 01/05/2023 01/23/2023 5,000,000.00    5,000,000.00    4,992,300.00    (7,700.00)5.000 0.30 113 1.31%Aaa AA+AA+ 4344 3130AQ3C5 FHLB 1.000    08/28/2024 Federal Home Loan Bank 12/01/2021 12/02/2021 4,000,000.00    4,000,000.00    3,925,600.00    (74,400.00)1.000 0.40 149 1.05%Aaa AA+ 4373 3133XVDG3 FHLB 4.375    09/13/2024 Federal Home Loan Bank 09/22/2022 09/23/2022 5,000,000.00    5,002,863.52    4,978,500.00    (24,363.52)4.240 0.44 165 1.31%Aaa AA+ 4336 3130AMXJ6 FHLB 0.500    09/30/2024 Federal Home Loan Bank 06/17/2021 06/30/2021 5,000,000.00    5,000,000.00    4,885,900.00    (114,100.00)0.500 0.49 182 1.31%Aaa AA+ 4346 3130AQD59 FHLB 1.000    09/30/2024 Federal Home Loan Bank 12/14/2021 12/30/2021 5,000,000.00    5,000,000.00    4,892,900.00    (107,100.00)1.000 0.49 182 1.31%Aaa AA+ 4349 3130AQD59 FHLB 1.000    09/30/2024 Federal Home Loan Bank 12/22/2021 12/30/2021 5,000,000.00    5,000,000.00    4,892,900.00    (107,100.00)1.000 0.49 182 1.31%Aaa AA+ 4334 3130AMW65 FHLB 0.500    12/30/2024 Federal Home Loan Bank 06/15/2021 06/30/2021 5,000,000.00    5,000,000.00    4,826,950.00    (173,050.00)0.500 0.73 273 1.31%Aaa AA+ 4332 3130AMQ62 FHLB 0.625    03/14/2025 Federal Home Loan Bank 05/26/2021 06/14/2021 5,000,000.00    5,000,000.00    4,790,600.00    (209,400.00)0.625 0.93 347 1.31%Aaa AA+ 4397 3130AWER7 FHLB 4.625    06/06/2025 Federal Home Loan Bank 06/14/2023 06/15/2023 3,000,000.00    2,998,870.25    2,988,660.00    (10,210.25)4.659 1.12 431 0.79%Aaa AA+ 4329 3135G04Z3 FNMA 0.500    06/17/2025 Fannie Mae 05/13/2021 05/14/2021 5,000,000.00    4,992,348.54    4,741,750.00    (250,598.54)0.628 1.18 442 1.31%Aaa AA+AA+ 4381 3135G04Z3 FNMA 0.500    06/17/2025 Fannie Mae 01/12/2023 01/13/2023 5,000,000.00    4,799,210.53    4,741,750.00    (57,460.53)4.013 1.18 442 1.26%Aaa AA+AA+ 4345 3130AQ5S8 FHLB 1.250    06/30/2025 Federal Home Loan Bank 12/08/2021 12/30/2021 4,650,000.00    4,650,000.00    4,454,188.50    (195,811.50)1.250 1.21 455 1.22%Aaa AA+ 4327 3130AMDL3 FHLB 0.800     07/25/2025 Federal Home Loan Bank 05/11/2021 05/25/2021 5,000,000.00     5,000,000.00     4,741,200.00     (258,800.00) 0.800 1.28 480 1.31% Aaa AA+ 4360 3130AQT94 FHLB 1.600     08/28/2025 Federal Home Loan Bank 03/03/2022 03/04/2022 4,575,000.00     4,561,589.67     4,371,778.50     (189,811.17) 1.816 1.36 514 1.20% Aaa AA+ 4331 3130AMQ54 FHLB 0.700     09/16/2025 Federal Home Loan Bank 05/26/2021 06/16/2021 5,000,000.00     5,000,000.00     4,705,400.00     (294,600.00) 0.700 1.42 533 1.31% Aaa AA+ 4318 3135GA2Z3 FNMA 0.560     11/17/2025 Fannie Mae 01/08/2021 01/11/2021 3,000,000.00     3,001,107.56     2,795,340.00     (205,767.56) 0.500 1.58 595 0.79% Aaa AA+ AA+ 4320 3130AKN36 FHLB 0.525     01/15/2026 Federal Home Loan Bank 01/14/2021 01/15/2021 5,000,000.00     4,998,211.11     4,631,150.00     (367,061.11) 0.545 1.74 654 1.31% Aaa AA+ 4321 3130AKN85 FHLB 0.550     01/20/2026 Federal Home Loan Bank 01/14/2021 01/20/2021 5,000,000.00     4,999,098.61     4,630,900.00     (368,198.61) 0.560 1.75 659 1.31% Aaa AA+ 4322 3130AKUS3 FHLB 0.500     01/28/2026 Federal Home Loan Bank 01/26/2021 01/28/2021 5,000,000.00     5,000,000.00     4,622,550.00     (377,450.00) 0.500 1.77 667 1.31% Aaa AA+ 4333 3130ALEY6 FHLB 0.800     03/04/2026 Federal Home Loan Bank 06/09/2021 06/10/2021 5,000,000.00     5,000,000.00     4,632,150.00     (367,850.00) 0.800 1.86 702 1.31% Aaa AA+ 4328 3130AMJN3 FHLB 1.030     05/26/2026 Federal Home Loan Bank 05/12/2021 05/26/2021 5,000,000.00     5,000,000.00     4,625,200.00     (374,800.00) 1.030 2.07 785 1.31% Aaa AA+ 4335 3130AMFS6 FHLB 0.750     06/12/2026 Federal Home Loan Bank 06/16/2021 06/17/2021 5,000,000.00     4,986,779.94     4,597,100.00     (389,679.94) 0.873 2.12 802 1.31% Aaa AA+ Portfolio: CITYBond Holdings By Sector Report City of Huntington Beach Reporting Period: 03/31/2024 Report Run Date: Apr 22, 2024 12 37 f- Accounting ID CUSIP Ticker Coupon Maturity Date Short Description Trade Date Settlement Date Par Value Book Value Market Value Gain/Loss Book Yield Effective Duration Days to Maturity (%) of Portfolio Moodys Rating S&P Rating Fitch Rating 4388 3130AVWS7 FHLB 3.750     06/12/2026 Federal Home Loan Bank 05/08/2023 05/09/2023 3,000,000.00     2,997,036.42     2,947,170.00     (49,866.42) 3.796 2.06 802 0.79% Aaa AA+ 4398 3133EPNG6 FFCB 4.375     06/23/2026 Federal Farm Credit Bank 06/22/2023 06/23/2023 3,000,000.00     2,998,997.50     2,983,440.00     (15,557.50) 4.391 2.07 813 0.79% Aaa AA+ AA+ 4347 3130AQ7E7 FHLB 1.500     06/30/2026 Federal Home Loan Bank 12/14/2021 12/30/2021 5,000,000.00     5,000,998.77     4,659,250.00     (341,748.77) 1.339 2.15 820 1.31% Aaa AA+ 4384 3130AUMC5 FHLB 3.750     07/20/2026 Federal Home Loan Bank 01/17/2023 01/19/2023 5,000,000.00     5,000,000.00     4,904,650.00     (95,350.00) 3.750 2.16 840 1.31% Aaa AA+ 4356 3130AQS79 FHLB 1.375     08/07/2026 Federal Home Loan Bank 01/27/2022 02/07/2022 5,000,000.00     5,000,000.00     4,702,750.00     (297,250.00) 1.375 2.24 858 1.31% Aaa AA+ 4386 3133EPGT6 FFCB 3.875     04/26/2027 Federal Farm Credit Bank 04/21/2023 04/26/2023 5,000,000.00     4,995,587.67     4,915,300.00     (80,287.67) 3.906 2.80 1,120 1.31% Aaa AA+ AA+ 4389 3133EPJP1 FFCB 3.625     05/12/2027 Federal Farm Credit Bank 05/08/2023 05/12/2023 5,000,000.00     4,989,218.16     4,878,300.00     (110,918.16) 3.700 2.86 1,136 1.31% Aaa AA+ AA+ 4392 3130AW4N7 FHLB 3.630     06/04/2027 Federal Home Loan Bank 05/16/2023 05/18/2023 5,000,000.00     5,000,000.00     4,878,400.00     (121,600.00) 3.630 2.92 1,159 1.31% Aaa AA+ 4396 3133EPMV4 FFCB 4.125     06/15/2027 Federal Farm Credit Bank 06/09/2023 06/15/2023 5,000,000.00     4,999,238.68     4,949,050.00     (50,188.68) 4.130 2.92 1,170 1.31% Aaa AA+ AA+ 4385 3134GYPF3 FHLMC 4.750     07/12/2027 Freddie Mac 04/21/2023 04/24/2023 3,300,000.00     3,296,148.91     3,274,788.00     (21,360.91) 4.791 1.46 1,197 0.86% Aaa AA+ AA+ 4405 3130AWWN6 FHLB 4.500     09/10/2027 Federal Home Loan Bank 12/04/2023 12/05/2023 4,455,000.00     4,470,968.56     4,468,231.35     (2,737.21) 4.383 3.14 1,257 1.17% Aaa AA+ 4395 3130AWC24 FHLB 4.000     06/09/2028 Federal Home Loan Bank 06/09/2023 06/13/2023 5,000,000.00     5,003,862.36     4,938,700.00     (65,162.36) 3.979 3.76 1,530 1.31% Aaa AA+ 4399 3130AWC24 FHLB 4.000     06/09/2028 Federal Home Loan Bank 06/26/2023 06/27/2023 5,000,000.00     4,997,672.84     4,938,700.00     (58,972.84) 4.012 3.76 1,530 1.31% Aaa AA+ 4400 31422X5U2 FAMCA 5.100     08/07/2028 Farmer Mac 08/02/2023 08/07/2023 2,000,000.00     2,000,000.00     1,988,080.00     (11,920.00) 5.100 2.16 1,589 0.52% U.S. Agencies 174,980,000.00     174,741,023.96     168,833,576.35     (5,907,447.61)45.81% 4355 67066GAL8 NVDA 0.584     06/14/2024 Nvidia 01/20/2022 01/24/2022 5,000,000.00     4,993,366.34     4,950,350.00     (43,016.34) 1.250 0.20 74 1.31% A1 A+ 4325 91159HHX1 USB 2.400     07/30/2024 US Bank 04/28/2021 04/30/2021 3,809,000.00     3,831,702.29     3,768,738.87     (62,963.42) 0.528 0.32 120 1.00% A3 A A 4343 14913R2P1 CAT 0.600     09/13/2024 Caterpillar 11/30/2021 12/02/2021 5,000,000.00     4,991,576.32     4,891,100.00     (100,476.32) 0.980 0.44 165 1.31% A2 A A+ 4371 459200KS9 IBM 4.000     07/27/2025 IBM 08/09/2022 08/11/2022 6,000,000.00     6,014,065.67     5,905,860.00     (108,205.67) 3.810 1.26 482 1.58% A3 A- 4372 931142EW9 WMT 3.900     09/09/2025 Walmart 09/20/2022 09/22/2022 5,000,000.00     4,983,202.62     4,928,200.00     (55,002.62) 4.150 1.38 526 1.31% Aa2 AA AA 4382 717081DV2 PFE 2.750     06/03/2026 Pfizer Inc 01/13/2023 01/18/2023 5,000,000.00     4,860,205.43     4,794,900.00     (65,305.43) 4.142 2.05 793 1.27% A2 A A 4375 110122CN6 BMY 3.200     06/15/2026 Bristol-Myers Squibb 11/14/2022 11/16/2022 5,000,000.00     4,870,828.70     4,820,200.00     (50,628.70) 4.480 2.05 805 1.28% A2 A 4390 931142EM1 WMT 3.050     07/08/2026 Walmart 05/11/2023 05/15/2023 4,257,000.00     4,193,518.62     4,104,939.96     (88,578.66) 3.752 2.12 828 1.10% Aa2 AA AA 4391 904764AU1 UNANA 2.000     07/28/2026 Unilever 05/11/2023 05/15/2023 2,505,000.00     2,409,676.30     2,348,863.35     (60,812.95) 3.752 2.21 848 0.63% A1 A+ A 4404 037833DN7 AAPL 2.050     09/11/2026 Apple 12/04/2023 12/06/2023 5,000,000.00     4,712,120.60     4,693,350.00     (18,770.60) 4.583 2.33 893 1.24% Aaa AA+ 4407 713448DN5 PEP 2.375     10/06/2026 Pepsi 12/21/2023 12/26/2023 5,000,000.00     4,777,143.75     4,722,950.00     (54,193.75) 4.273 2.35 918 1.25% A1 A+ WD 4412 24422EXB0 DE 4.950     07/14/2028 John Deere 03/25/2024 03/27/2024 5,000,000.00     5,054,957.53     5,037,700.00     (17,257.53) 4.662 3.77 1,565 1.33% A1 A A+ Corporates 56,571,000.00     55,692,364.19     54,967,152.18     (725,212.01)14.60% Bond Holdings 364,551,000.00     362,575,615.68     352,461,838.53     (10,113,777.15)95.05% Portfolio: CITYBond Holdings By Sector Report City of Huntington Beach Reporting Period: 03/31/2024 Report Run Date: Apr 22, 2024 13 38 Statement of Cash Receipts and Disbursements and Cash Receipts and Disbursements February 2024 March 2024 Receipts General Fund Property Tax 144,722$ 4,914,439$                Local Sales Tax 4,795,396 3,861,827  Public Safety Sales Tax 236,799 325,633  Transient Occupancy Tax (TOT)1,001,534 938,525  Utility Users Tax (UUT)1,815,586 1,840,310  Other Revenue 5,573,286 8,370,025  Total General Fund Revenue 13,567,325 20,250,760  Total All Other Funds Revenue 12,853,834 16,780,087  Total Receipts 26,421,158$ 37,030,847$ Disbursements General Fund Personnel Services (12,873,440) (10,187,565) Operating Expenses (5,828,662) (4,203,739) Capital Expenditures ‐ ‐  Non‐Operating Expenses (5,688) (1,236,763)  Total General Fund Disbursements (18,707,790) (15,628,067) Total All Other Funds Disbursements (12,548,735)              (13,748,398)               Total Disbursements (31,256,525) (29,376,465) Net Change in Cash Flow (4,835,366)$ 7,654,382$ Summary of Cash by Fund February 2024 March 2024 General Fund 120,747,859$           125,370,553$            General Fund Other 5,052,899 5,029,806  Capital Projects Funds 45,480,202 45,761,824  Debt Service Funds 27,610,578 28,103,975  Enterprise Funds 79,482,173 80,643,342  Trust and Agency Funds 11,834,054 11,367,785  Internal Service Funds 45,743,301 46,387,107  Special Revenue Funds 43,401,730 44,342,787  General Ledger Cash Balances * 379,352,797$ 387,007,179$ Total cash will differ from investment portfolio total due to outstanding checks and/or other timing differences. Note: Above information was obtained from the City's accounting system records. The above information includes receipts from maturing investments and payments for purchased investments in the city investment portfolio. This statement is prepared in compliance with the City's Charter. Summary of Cash by Fund City Treasurer's Office March 2024 14 39 Par Value Book Value Market Value Book Value % of Port Book Yield Book Yield Contribution Days to Maturity Cash / Money Market Local Govt Inv Pools (LGIP) U.S. Treasuries Supranational U.S. Agencies Corporates Hold Total $3,280,148.30 $3,280,148.30 $3,280,148.30 0.87%5.19%0.04%1 $18,149,004.38 $18,149,004.38 $18,149,004.38 4.79%5.50%0.26%1 $88,000,000.00 $87,587,425.64 $84,980,940.00 23.12%2.27%0.53%673 $40,000,000.00 $39,521,035.40 $38,393,650.00 10.43%2.51%0.26%1,042 $179,980,000.00 $179,726,083.91 $173,556,875.10 47.44%2.27%1.08%672 $51,571,000.00 $50,605,564.79 $49,822,206.92 13.36%3.27%0.44%605 $380,980,152.68 $378,869,262.42 $368,182,824.70 100.00%2.61%664 Portfolio Investments 02/29/2024 Date City Treasurer TitleAlisa Backstrom I certify that this report and the corresponding pages attached accurately reflect all portfolio combined investments and conforms with all California state statutes and the Huntington Beach investment policy filed on December 19, 2023. The investment program herein shown provides sufficient cash flow liquidity to meet the next six month's obligations. Market values are provided by US Bank via Interactive Data Corp (IDC) City Portfolio Certification Fiscal YTD Transactions Redemptions 1 Purchases 0 Total Activity 1 Period Transactions Redemptions 11 Purchases 11 Total Activity 22 Net Period Earnings $6,275,059.24 Last FY Period Net Earnings $3,301,111.83 Avg Daily Book Balance $362,798,152.04 $1.00 $1.00 Net Effective Annual Return 2.606% Net Period Earnings $822,954.01 Last FY Period Net Earnings $535,524.25 Avg Daily Book Balance $380,901,773.70 $1.00 $1.00 Net Effective Annual Return 2.761% Fiscal YTD Summary (244 Days)Period Earnings Summary (29 Days) __________________________________________________________________________ sum2 Total Market Value $1.00 $368,182,824.70 sum2 Total Book Value $2.00 $378,869,262.42 Market Value Book Value Par Value Portfolio Summary City of Huntington Beach Portfolio: CITY Reporting Date: (FY2024) 02/01/2024 - 02/29/2024 Full Accrual Basis sum2 Total Par Value $1.00 $380,980,152.68 The City Portfolio uses a 12 month moving average of the 1.5Yr Treasury for comparison purposes. This period, that rate is equal to: 4.870% ____________________________________________ 15 40 ' i -.: '.L' ~ -·c_ \ ! - ~~ .• -...:-_,,,, ~ l I l I l I I I I I I Ag l [ l I I I Accounting ID Ticker Pool Description Type Par Value Book Value Market Value Rate % of Portfolio 104 FUZXX First American Treasury Obligations Cash/Money Market           3,280,148.30               3,280,148.30               3,280,148.30               5.190 0.87% Cash/Money Market Total           3,280,148.30               3,280,148.30               3,280,148.30    0.87% 003 CAMP California Asset Management Program LGIP           18,149,004.38               18,149,004.38               18,149,004.38               5.500 4.79% LGIP Total           18,149,004.38               18,149,004.38               18,149,004.38    4.79% Portfolio: CITYCash By Structure Report City of Huntington Beach Reporting Period: 02/29/2024 Report Run Date: Apr 24, 2024 16 41 Accounting ID Transaction Type Cusip Description Price Settlement Date Posted Date Par Value Principal Accrued Interest Total 4387 Maturity 3130AUXN9 FHLB 5.000 02/15/2024 100.00000    02/15/2024 02/15/2024 3,000,000.00              3,000,000.00              0.00              3,000,000.00     Activity Total 3,000,000.00               3,000,000.00              0.00              3,000,000.00     Portfolio: CITY Bond Redemption Activity Report City of Huntington Beach Reporting Period: 02/29/2024 Report Run Date: Apr 24, 2024 17 42 >- Accounting ID Transaction Type Cusip Description Price Settlement Date Posted Date Par Value Principal Accrued Interest Total Activity Total 0.00              0.00              0.00              0.00     Portfolio: CITY Bond Purchase Activity Report City of Huntington Beach Reporting Period: 02/29/2024 Report Run Date: Apr 24, 2024 18 43 Accounting ID Transaction Type Cusip Description Date Posted Interest Received Purchased Interest Adjustment Net Interest 4410 Interest Income 459058KW2 IBRD 4.625 08/01/2028 02/01/2024           80,300.00              76,440.97              3,859.03     4356 Interest Income 3130AQS79 FHLB 1.375 08/07/2026 02/07/2024           34,375.00              34,375.00     4400 Interest Income 31422X5U2 FAMCA 5.100 08/07/2028 02/07/2024           51,000.00              51,000.00     4361 Interest Income 912828D56 T 2.375 08/15/2024 02/15/2024           59,375.00              59,375.00     4387 Interest Income 3130AUXN9 FHLB 5.000 02/15/2024 02/15/2024           75,000.00              75,000.00     4324 Interest Income 45906M2L4 IBRD 0.650 02/24/2026 02/26/2024           16,250.00              16,250.00     4344 Interest Income 3130AQ3C5 FHLB 1.000 08/28/2024 02/28/2024           20,000.00              20,000.00     4360 Interest Income 3130AQT94 FHLB 1.600 08/28/2025 02/28/2024           36,600.00              36,600.00     4323 Interest Income 459056HV2 IBRD 1.500 08/28/2024 02/28/2024           37,500.00              37,500.00     4339 Interest Income 91282CCW9 T 0.750 08/31/2026 02/29/2024           3,750.00              3,750.00     4340 Interest Income 91282CAJ0 T 0.250 08/31/2025 02/29/2024           6,250.00              6,250.00     4342 Interest Income 91282CCW9 T 0.750 08/31/2026 02/29/2024           18,750.00              18,750.00     4351 Interest Income 9128284Z0 T 2.750 08/31/2025 02/29/2024           68,750.00              68,750.00     Activity Total           507,900.00              76,440.97              431,459.03     Portfolio: CITY Bond Interest Received Report City of Huntington Beach Reporting Period: 02/29/2024 Report Run Date: Apr 24, 2024 19 44 - - - - - Accounting ID CUSIP Ticker Coupon Maturity Date Short Description Trade Date Settlement Date Par Value Book Value Market Value Gain/Loss Book Yield Effective Duration Days to Maturity (%) of Portfolio Moodys Rating S&P Rating Fitch Rating 4364 9128286Z8 T 1.750     06/30/2024 U.S. Treasury Note 04/29/2022 05/02/2022 7,000,000.00     6,978,053.05     6,917,120.00     (60,933.05) 2.730 0.33 121 1.84% Aaa AA+ AA+ 4370 912828XX3 T 2.000    06/30/2024 U.S. Treasury Note 05/26/2022 05/27/2022 5,000,000.00    4,992,585.78    4,944,750.00    (47,835.78)2.462 0.33 121 1.32%Aaa AA+AA+ 4353 912828Y87 T 1.750     07/31/2024 U.S. Treasury Note 01/13/2022 01/14/2022 5,000,000.00     5,014,807.32     4,927,150.00     (87,657.32) 1.028 0.41 152 1.32% Aaa AA+ AA+ 4358 912828Y87 T 1.750     07/31/2024 U.S. Treasury Note 02/10/2022 02/11/2022 4,000,000.00     4,002,517.03     3,941,720.00     (60,797.03) 1.595 0.41 152 1.06% Aaa AA+ AA+ 4361 912828D56 T 2.375     08/15/2024 U.S. Treasury Note 03/21/2022 03/22/2022 5,000,000.00     5,002,975.34     4,934,200.00     (68,775.34) 2.240 0.45 167 1.32% Aaa AA+ AA+ 4298 912828YH7 T 1.500     09/30/2024 U.S. Treasury Note 12/04/2019 12/05/2019 5,000,000.00     4,997,339.01     4,893,550.00     (103,789.01) 1.595 0.57 213 1.32% Aaa AA+ AA+ 4350 912828YM6 T 1.500     10/31/2024 U.S. Treasury Note 12/30/2021 12/31/2021 3,000,000.00     3,011,436.17     2,927,700.00     (83,736.17) 0.920 0.65 244 0.79% Aaa AA+ AA+ 4376 91282CEU1 T 2.875     06/15/2025 U.S. Treasury Note 11/17/2022 11/18/2022 3,000,000.00     2,949,147.03     2,924,310.00     (24,837.03) 4.276 1.24 471 0.78% Aaa AA+ AA+ 4330 91282CAB7 T 0.250     07/31/2025 U.S. Treasury Note 05/18/2021 05/19/2021 5,000,000.00     4,974,520.73     4,688,650.00     (285,870.73) 0.615 1.38 517 1.31% Aaa AA+ AA+ 4340 91282CAJ0 T 0.250     08/31/2025 U.S. Treasury Note 09/23/2021 09/27/2021 5,000,000.00     4,964,173.64     4,673,650.00     (290,523.64) 0.735 1.46 548 1.31% Aaa AA+ AA+ 4351 9128284Z0 T 2.750     08/31/2025 U.S. Treasury Note 12/30/2021 12/31/2021 5,000,000.00     5,120,650.04     4,851,350.00     (269,300.04) 1.103 1.45 548 1.35% Aaa AA+ AA+ 4341 91282CCP4 T 0.625     07/31/2026 U.S. Treasury Note 09/30/2021 09/30/2021 5,000,000.00     4,961,716.50     4,558,600.00     (403,116.50) 0.950 2.34 882 1.31% Aaa AA+ AA+ 4339 91282CCW9 T 0.750     08/31/2026 U.S. Treasury Note 09/23/2021 09/23/2021 1,000,000.00     996,581.95    912,190.00     (84,391.95) 0.890 2.42 913 0.26% Aaa AA+ AA+ 4342 91282CCW9 T 0.750     08/31/2026 U.S. Treasury Note 11/22/2021 11/23/2021 5,000,000.00     4,935,305.14     4,560,950.00     (374,355.14) 1.285 2.42 913 1.30% Aaa AA+ AA+ 4379 91282CEW7 T 3.250     06/30/2027 U.S. Treasury Note 12/28/2022 12/29/2022 5,000,000.00     4,886,647.20     4,826,000.00     (60,647.20) 4.000 3.09 1,216 1.29% Aaa AA+ AA+ 4406 91282CEW7 T 3.250     06/30/2027 U.S. Treasury Note 12/21/2023 12/22/2023 5,000,000.00     4,890,503.27     4,826,000.00     (64,503.27) 3.960 3.09 1,216 1.29% Aaa AA+ AA+ 4409 91282CFB2 T 2.750     07/31/2027 U.S. Treasury Note 01/18/2024 01/19/2024 5,000,000.00     4,790,264.08     4,742,950.00     (47,314.08) 4.080 3.19 1,247 1.26% Aaa AA+ AA+ 4408 91282CHQ7 T 4.125    07/31/2028 U.S. Treasury Note 01/12/2024 01/16/2024 10,000,000.00    10,118,202.35    9,930,100.00    (188,102.35)3.831 3.97 1,613 2.67%Aaa AA+AA+ U.S. Treasuries 88,000,000.00     87,587,425.64     84,980,940.00     (2,606,485.64)23.12% 4323 459056HV2 IBRD 1.500    08/28/2024 Int'l Bank for Recon and Dev 04/21/2021 04/23/2021 5,000,000.00    5,026,204.81    4,907,150.00    (119,054.81)0.425 0.48 180 1.33%Aaa AAA AAA 4338 459058JE4 IBRD 0.376    07/28/2025 Int'l Bank for Recon and Dev 07/28/2021 07/30/2021 5,000,000.00    4,985,544.51    4,694,000.00    (291,544.51)0.583 1.37 514 1.32%Aaa AAA AAA 4319 459058JL8 IBRD 0.500    10/28/2025 Int'l Bank for Recon and Dev 01/08/2021 01/12/2021 5,000,000.00    4,999,048.81    4,659,050.00    (339,998.81)0.512 1.61 606 1.32%Aaa AAA AAA 4324 45906M2L4 IBRD 0.650    02/24/2026 Int'l Bank for Recon and Dev 04/28/2021 04/30/2021 5,000,000.00    4,978,700.46    4,580,650.00    (398,050.46)0.870 1.92 725 1.31%Aaa AAA AAA 4401 45818WEQ5 IADB 3.800    06/09/2028 Inter-American Development Bank 09/19/2023 09/21/2023 5,000,000.00    4,843,618.55    4,864,000.00    20,381.45    4.622 3.85 1,561 1.28%Aaa AAA AAA 4402 459058KT9 IBRD 3.500    07/12/2028 Int'l Bank for Recon and Dev 11/09/2023 11/13/2023 5,000,000.00    4,755,788.56    4,821,450.00    65,661.44    4.760 3.96 1,594 1.26%Aaa AAA AAA 4403 459058KT9 IBRD 3.500    07/12/2028 Int'l Bank for Recon and Dev 12/04/2023 12/06/2023 5,000,000.00    4,833,365.85    4,821,450.00    (11,915.85)4.350 3.96 1,594 1.28%Aaa AAA AAA 4410 459058KW2 IBRD 4.625    08/01/2028 Int'l Bank for Recon and Dev 01/23/2024 01/25/2024 5,000,000.00    5,098,763.84    5,045,900.00    (52,863.84)4.130 3.94 1,614 1.35%Aaa AAA AAA Supranational 40,000,000.00     39,521,035.40     38,393,650.00     (1,127,385.40)10.43% 4292 3133ECHX5 FFCB 2.260    03/13/2024 Federal Farm Credit Bank 05/22/2019 05/23/2019 5,000,000.00    5,000,037.46    4,994,750.00    (5,287.46)2.236 0.03 12 1.32%Aaa AA+AA+ 4378 3130ATVC8 FHLB 4.875    06/14/2024 Federal Home Loan Bank 12/27/2022 12/28/2022 5,000,000.00    5,001,713.40    4,991,750.00    (9,963.40)4.740 0.28 105 1.32%Aaa AA+ 4348 3130AQD42 FHLB 0.920    06/28/2024 Federal Home Loan Bank 12/14/2021 12/28/2021 5,000,000.00    5,000,000.00    4,927,500.00    (72,500.00)0.920 0.32 119 1.32%Aaa AA+ 4380 3134GYCP5 FHLMC 5.000    07/23/2024 Freddie Mac 01/05/2023 01/23/2023 5,000,000.00    5,000,000.00    4,991,750.00    (8,250.00)5.000 0.39 144 1.32%Aaa AA+AA+ 4344 3130AQ3C5 FHLB 1.000    08/28/2024 Federal Home Loan Bank 12/01/2021 12/02/2021 4,000,000.00    4,000,000.00    3,918,640.00    (81,360.00)1.000 0.48 180 1.06%Aaa AA+ 4373 3133XVDG3 FHLB 4.375    09/13/2024 Federal Home Loan Bank 09/22/2022 09/23/2022 5,000,000.00    5,003,393.80    4,975,450.00    (27,943.80)4.240 0.51 196 1.32%Aaa AA+ 4336 3130AMXJ6 FHLB 0.500    09/30/2024 Federal Home Loan Bank 06/17/2021 06/30/2021 5,000,000.00    5,000,000.00    4,865,150.00    (134,850.00)0.500 0.57 213 1.32%Aaa AA+ 4346 3130AQD59 FHLB 1.000    09/30/2024 Federal Home Loan Bank 12/14/2021 12/30/2021 5,000,000.00    5,000,000.00    4,882,100.00    (117,900.00)1.000 0.57 213 1.32%Aaa AA+ 4349 3130AQD59 FHLB 1.000    09/30/2024 Federal Home Loan Bank 12/22/2021 12/30/2021 5,000,000.00    5,000,000.00    4,882,100.00    (117,900.00)1.000 0.57 213 1.32%Aaa AA+ 4334 3130AMW65 FHLB 0.500    12/30/2024 Federal Home Loan Bank 06/15/2021 06/30/2021 5,000,000.00    5,000,000.00    4,807,600.00    (192,400.00)0.500 0.81 304 1.32%Aaa AA+ 4332 3130AMQ62 FHLB 0.625    03/14/2025 Federal Home Loan Bank 05/26/2021 06/14/2021 5,000,000.00    5,000,000.00    4,768,350.00    (231,650.00)0.625 1.01 378 1.32%Aaa AA+ 4397 3130AWER7 FHLB 4.625    06/06/2025 Federal Home Loan Bank 06/14/2023 06/15/2023 3,000,000.00    2,998,790.51    2,991,900.00    (6,890.51)4.659 1.20 462 0.79%Aaa AA+ 4329 3135G04Z3 FNMA 0.500    06/17/2025 Fannie Mae 05/13/2021 05/14/2021 5,000,000.00    4,991,822.06    4,731,700.00    (260,122.06)0.628 1.26 473 1.32%Aaa AA+AA+ 4381 3135G04Z3 FNMA 0.500    06/17/2025 Fannie Mae 01/12/2023 01/13/2023 5,000,000.00    4,785,394.74    4,731,700.00    (53,694.74)4.013 1.26 473 1.26%Aaa AA+AA+ 4345 3130AQ5S8 FHLB 1.250    06/30/2025 Federal Home Loan Bank 12/08/2021 12/30/2021 4,650,000.00    4,650,000.00    4,438,750.50    (211,249.50)1.250 1.29 486 1.23%Aaa AA+ 4327 3130AMDL3 FHLB 0.800     07/25/2025 Federal Home Loan Bank 05/11/2021 05/25/2021 5,000,000.00     5,000,000.00     4,730,350.00     (269,650.00) 0.800 1.36 511 1.32% Aaa AA+ 4360 3130AQT94 FHLB 1.600     08/28/2025 Federal Home Loan Bank 03/03/2022 03/04/2022 4,575,000.00     4,560,796.16     4,363,543.50     (197,252.66) 1.816 1.45 545 1.20% Aaa AA+ 4331 3130AMQ54 FHLB 0.700     09/16/2025 Federal Home Loan Bank 05/26/2021 06/16/2021 5,000,000.00     5,000,000.00     4,695,600.00     (304,400.00) 0.700 1.50 564 1.32% Aaa AA+ 4318 3135GA2Z3 FNMA 0.560     11/17/2025 Fannie Mae 01/08/2021 01/11/2021 3,000,000.00     3,001,164.26     2,789,700.00     (211,464.26) 0.500 1.66 626 0.79% Aaa AA+ AA+ 4320 3130AKN36 FHLB 0.525     01/15/2026 Federal Home Loan Bank 01/14/2021 01/15/2021 5,000,000.00     4,998,127.78     4,623,700.00     (374,427.78) 0.545 1.82 685 1.32% Aaa AA+ 4321 3130AKN85 FHLB 0.550     01/20/2026 Federal Home Loan Bank 01/14/2021 01/20/2021 5,000,000.00     4,999,056.94     4,623,300.00     (375,756.94) 0.560 1.84 690 1.32% Aaa AA+ 4322 3130AKUS3 FHLB 0.500     01/28/2026 Federal Home Loan Bank 01/26/2021 01/28/2021 5,000,000.00     5,000,000.00     4,615,000.00     (385,000.00) 0.500 1.86 698 1.32% Aaa AA+ 4333 3130ALEY6 FHLB 0.800     03/04/2026 Federal Home Loan Bank 06/09/2021 06/10/2021 5,000,000.00     5,000,000.00     4,626,250.00     (373,750.00) 0.800 1.94 733 1.32% Aaa AA+ 4328 3130AMJN3 FHLB 1.030     05/26/2026 Federal Home Loan Bank 05/12/2021 05/26/2021 5,000,000.00     5,000,000.00     4,609,600.00     (390,400.00) 1.030 2.15 816 1.32% Aaa AA+ 4335 3130AMFS6 FHLB 0.750     06/12/2026 Federal Home Loan Bank 06/16/2021 06/17/2021 5,000,000.00     4,986,278.55     4,588,600.00     (397,678.55) 0.873 2.21 833 1.32% Aaa AA+ Portfolio: CITYBond Holdings By Sector Report City of Huntington Beach Reporting Period: 02/29/2024 Report Run Date: Apr 18, 2024 20 45 f-- Accounting ID CUSIP Ticker Coupon Maturity Date Short Description Trade Date Settlement Date Par Value Book Value Market Value Gain/Loss Book Yield Effective Duration Days to Maturity (%) of Portfolio Moodys Rating S&P Rating Fitch Rating 4388 3130AVWS7 FHLB 3.750     06/12/2026 Federal Home Loan Bank 05/08/2023 05/09/2023 3,000,000.00     2,996,924.02     2,948,910.00     (48,014.02) 3.796 2.14 833 0.79% Aaa AA+ 4398 3133EPNG6 FFCB 4.375     06/23/2026 Federal Farm Credit Bank 06/22/2023 06/23/2023 3,000,000.00     2,998,960.00     2,990,190.00     (8,770.00) 4.391 2.15 844 0.79% Aaa AA+ AA+ 4347 3130AQ7E7 FHLB 1.500     06/30/2026 Federal Home Loan Bank 12/14/2021 12/30/2021 5,000,000.00     5,001,035.80     4,646,050.00     (354,985.80) 1.339 2.23 851 1.32% Aaa AA+ 4384 3130AUMC5 FHLB 3.750     07/20/2026 Federal Home Loan Bank 01/17/2023 01/19/2023 5,000,000.00     5,000,000.00     4,907,700.00     (92,300.00) 3.750 2.24 871 1.32% Aaa AA+ 4356 3130AQS79 FHLB 1.375     08/07/2026 Federal Home Loan Bank 01/27/2022 02/07/2022 5,000,000.00     5,000,000.00     4,698,100.00     (301,900.00) 1.375 2.33 889 1.32% Aaa AA+ 4386 3133EPGT6 FFCB 3.875     04/26/2027 Federal Farm Credit Bank 04/21/2023 04/26/2023 5,000,000.00     4,995,467.88     4,915,450.00     (80,017.88) 3.906 2.88 1,151 1.32% Aaa AA+ AA+ 4389 3133EPJP1 FFCB 3.625     05/12/2027 Federal Farm Credit Bank 05/08/2023 05/12/2023 5,000,000.00     4,988,929.62     4,877,850.00     (111,079.62) 3.700 2.94 1,167 1.32% Aaa AA+ AA+ 4392 3130AW4N7 FHLB 3.630     06/04/2027 Federal Home Loan Bank 05/16/2023 05/18/2023 5,000,000.00     5,000,000.00     4,871,150.00     (128,850.00) 3.630 3.00 1,190 1.32% Aaa AA+ 4396 3133EPMV4 FFCB 4.125     06/15/2027 Federal Farm Credit Bank 06/09/2023 06/15/2023 5,000,000.00     4,999,218.89     4,951,300.00     (47,918.89) 4.130 3.01 1,201 1.32% Aaa AA+ AA+ 4385 3134GYPF3 FHLMC 4.750     07/12/2027 Freddie Mac 04/21/2023 04/24/2023 3,300,000.00     3,296,051.09     3,257,397.00     (38,654.09) 4.791 1.80 1,228 0.87% Aaa AA+ AA+ 4405 3130AWWN6 FHLB 4.500     09/10/2027 Federal Home Loan Bank 12/04/2023 12/05/2023 4,455,000.00     4,471,355.21     4,459,544.10     (11,811.11) 4.383 3.14 1,288 1.18% Aaa AA+ 4395 3130AWC24 FHLB 4.000     06/09/2028 Federal Home Loan Bank 06/09/2023 06/13/2023 5,000,000.00     5,003,939.20     4,940,300.00     (63,639.20) 3.979 3.84 1,561 1.32% Aaa AA+ 4399 3130AWC24 FHLB 4.000     06/09/2028 Federal Home Loan Bank 06/26/2023 06/27/2023 5,000,000.00     4,997,626.54     4,940,300.00     (57,326.54) 4.012 3.84 1,561 1.32% Aaa AA+ 4400 31422X5U2 FAMCA 5.100     08/07/2028 Farmer Mac 08/02/2023 08/07/2023 2,000,000.00     2,000,000.00     1,987,800.00     (12,200.00) 5.100 2.26 1,620 0.53% U.S. Agencies 179,980,000.00     179,726,083.91     173,556,875.10     (6,169,208.81)47.44% 4355 67066GAL8 NVDA 0.584     06/14/2024 Nvidia 01/20/2022 01/24/2022 5,000,000.00     4,990,640.17     4,933,000.00     (57,640.17) 1.250 0.28 105 1.32% A1 A+ 4325 91159HHX1 USB 2.400     07/30/2024 US Bank 04/28/2021 04/30/2021 3,809,000.00     3,837,425.56     3,758,530.75     (78,894.81) 0.528 0.40 151 1.01% A3 A A 4343 14913R2P1 CAT 0.600     09/13/2024 Caterpillar 11/30/2021 12/02/2021 5,000,000.00     4,990,016.38     4,874,800.00     (115,216.38) 0.980 0.52 196 1.32% A2 A A+ 4371 459200KS9 IBM 4.000     07/27/2025 IBM 08/09/2022 08/11/2022 6,000,000.00     6,014,952.16     5,906,280.00     (108,672.16) 3.810 1.34 513 1.59% A3 A- 4372 931142EW9 WMT 3.900     09/09/2025 Walmart 09/20/2022 09/22/2022 5,000,000.00     4,982,229.80     4,923,450.00     (58,779.80) 4.150 1.43 557 1.32% Aa2 AA AA 4382 717081DV2 PFE 2.750     06/03/2026 Pfizer Inc 01/13/2023 01/18/2023 5,000,000.00     4,854,842.47     4,785,600.00     (69,242.47) 4.142 2.13 824 1.28% A2 A A 4375 110122CN6 BMY 3.200     06/15/2026 Bristol-Myers Squibb 11/14/2022 11/16/2022 5,000,000.00     4,865,948.18     4,811,550.00     (54,398.18) 4.480 2.13 836 1.28% A2 A 4390 931142EM1 WMT 3.050     07/08/2026 Walmart 05/11/2023 05/15/2023 4,257,000.00     4,191,187.61     4,095,489.42     (95,698.19) 3.752 2.20 859 1.11% Aa2 AA AA 4391 904764AU1 UNANA 2.000     07/28/2026 Unilever 05/11/2023 05/15/2023 2,505,000.00     2,406,259.68     2,345,556.75     (60,702.93) 3.752 2.30 879 0.64% A1 A+ A 4404 037833DN7 AAPL 2.050     09/11/2026 Apple 12/04/2023 12/06/2023 5,000,000.00     4,702,306.53     4,676,900.00     (25,406.53) 4.583 2.39 924 1.24% Aaa AA+ 4407 713448DN5 PEP 2.375     10/06/2026 Pepsi 12/21/2023 12/26/2023 5,000,000.00     4,769,756.25     4,711,050.00     (58,706.25) 4.273 2.43 949 1.26% A1 A+ WD Corporates 51,571,000.00     50,605,564.79     49,822,206.92     (783,357.87)13.36% Bond Holdings 359,551,000.00     357,440,109.74     346,753,672.02     (10,686,437.72)94.34% Portfolio: CITYBond Holdings By Sector Report City of Huntington Beach Reporting Period: 02/29/2024 Report Run Date: Apr 18, 2024 21 46 Statement of Cash Receipts and Disbursements and Cash Receipts and Disbursements January 2024 February 2024 Receipts General Fund Property Tax 19,158,531$ 144,722$ Local Sales Tax 3,385,565 4,795,396 Public Safety Sales Tax 241,753 236,799 Transient Occupancy Tax (TOT)1,031,836 1,001,534 Utility Users Tax (UUT)1,854,414 1,815,586 Other Revenue 5,055,037 5,573,286 Total General Fund Revenue 30,727,136 13,567,325 Total All Other Funds Revenue 20,986,315 12,853,834 Total Receipts 51,713,451$ 26,421,158$ Disbursements General Fund Personnel Services (12,176,399)(12,873,440) Operating Expenses (4,845,543)(5,828,662) Capital Expenditures - - Non-Operating Expenses (201,186) (5,688) Total General Fund Disbursements (17,223,128)(18,707,790) Total All Other Funds Disbursements (23,888,352) (12,548,735) Total Disbursements (41,111,480)(31,256,525) Net Change in Cash Flow 10,601,970$ (4,835,366)$ Summary of Cash by Fund January 2024 February 2024 General Fund 97,196,382$ 92,055,917$ General Fund Other 5,232,060 5,084,219 Capital Projects Funds 66,460,343 65,411,498 Debt Service Funds 30,809,276 30,652,777 Enterprise Funds 77,781,286 79,723,530 Trust and Agency Funds 5,800,313 5,008,251 Internal Service Funds 52,799,033 52,912,108 Special Revenue Funds 48,699,206 49,094,233 General Ledger Cash Balances *384,777,899$ 379,942,533$ Total cash will differ from investment portfolio total due to outstanding checks and/or other timing differences. Note: Above information was obtained from the City's accounting system records. The above information includes receipts from maturing investments and payments for purchased investments in the city investment portfolio. This statement is prepared in compliance with the City's Charter. Summary of Cash by Fund City Treasurer's Office February 2024 22 47 Par Value Book Value Market Value Book Value % of Port Book Yield Book Yield Contribution Days to Maturity Cash / Money Market Local Govt Inv Pools (LGIP) U.S. Treasuries Supranational U.S. Agencies Corporates Hold Total $748,112.80 $748,112.80 $748,112.80 0.19%5.20%0.01%1 $23,007,110.10 $23,007,110.10 $23,007,110.10 5.99%5.54%0.33%1 $88,000,000.00 $87,573,646.79 $85,417,930.00 22.80%2.27%0.52%702 $40,000,000.00 $39,514,645.10 $38,769,850.00 10.29%2.51%0.26%1,071 $182,980,000.00 $182,711,276.80 $177,434,696.50 47.57%2.31%1.10%690 $51,571,000.00 $50,573,722.93 $50,044,525.18 13.17%3.27%0.43%633 $386,306,222.90 $384,128,514.52 $375,422,224.58 100.00%2.65%682 Portfolio Investments 01/31/2024 Date City Treasurer TitleAlisa Backstrom I certify that this report and the corresponding pages attached accurately reflect all portfolio combined investments and conforms with all California state statutes and the Huntington Beach investment policy filed on December 19, 2023. The investment program herein shown provides sufficient cash flow liquidity to meet the next six month's obligations. Market values are provided by US Bank via Interactive Data Corp (IDC) City Portfolio Certification Fiscal YTD Transactions Redemptions 0 Purchases 3 Total Activity 3 Period Transactions Redemptions 10 Purchases 11 Total Activity 21 Net Period Earnings $5,452,105.23 Last FY Period Net Earnings $2,765,587.58 Avg Daily Book Balance $360,211,920.37 $1.00 $1.00 Net Effective Annual Return 2.590% Net Period Earnings $870,536.19 Last FY Period Net Earnings $532,677.73 Avg Daily Book Balance $384,437,553.74 $1.00 $1.00 Net Effective Annual Return 2.706% Fiscal YTD Summary (215 Days)Period Earnings Summary (31 Days) __________________________________________________________________________ sum2 Total Market Value $1.00 $375,422,224.58 sum2 Total Book Value $2.00 $384,128,514.52 Market Value Book Value Par Value Portfolio Summary City of Huntington Beach Portfolio: CITY Reporting Date: (FY2024) 01/01/2024 - 01/31/2024 Full Accrual Basis sum2 Total Par Value $1.00 $386,306,222.90 The City Portfolio uses a 12 month moving average of the 1.5Yr Treasury for comparison purposes. This period, that rate is equal to: 4.850% ____________________________________________ 23 48 ' i -.: '.L' ~ -·c_ \ ! - ~~ .• -...:-_,,,, ~ l I l I l I I I I I I Ag l [ l I I I Accounting ID Ticker Pool Description Type Par Value Book Value Market Value Rate % of Portfolio 104 FUZXX First American Treasury Obligations Cash/Money Market           748,112.80              748,112.80              748,112.80              5.200 0.19% Cash/Money Market Total           748,112.80              748,112.80              748,112.80    0.19% 003 CAMP California Asset Management Program LGIP           23,007,110.10               23,007,110.10               23,007,110.10               5.540 5.99% LGIP Total           23,007,110.10               23,007,110.10               23,007,110.10    5.99% Portfolio: CITYCash By Structure Report City of Huntington Beach Reporting Period: 01/31/2024 Report Run Date: Apr 24, 2024 24 49 Accounting ID Transaction Type Cusip Description Price Settlement Date Posted Date Par Value Principal Accrued Interest Total Activity Total 0.00              0.00              0.00              0.00     Portfolio: CITY Bond Redemption Activity Report City of Huntington Beach Reporting Period: 01/31/2024 Report Run Date: Apr 24, 2024 25 50 Accounting ID Transaction Type Cusip Description Price Settlement Date Posted Date Par Value Principal Accrued Interest Total 4408 Buy 91282CHQ7 T 4.125 07/31/2028 101.21500    01/16/2024 01/16/2024 10,000,000.00              10,121,500.00              189,436.14              10,310,936.14     4409 Buy 91282CFB2 T 2.750 07/31/2027 95.66400    01/19/2024 01/19/2024 5,000,000.00              4,783,200.00              64,266.30              4,847,466.30     4410 Buy 459058KW2 IBRD 4.625 08/01/2028 102.02000    01/25/2024 01/25/2024 5,000,000.00              5,101,000.00              76,440.97              5,177,440.97     Activity Total 20,000,000.00               20,005,700.00               330,143.41               20,335,843.41     Portfolio: CITY Bond Purchase Activity Report City of Huntington Beach Reporting Period: 01/31/2024 Report Run Date: Apr 24, 2024 26 51 f- f- f-- Accounting ID Transaction Type Cusip Description Date Posted Interest Received Purchased Interest Adjustment Net Interest 4334 Interest Income 3130AMW65 FHLB 0.500 12/30/2024 01/02/2024           12,500.00              12,500.00     4345 Interest Income 3130AQ5S8 FHLB 1.250 06/30/2025 01/02/2024           29,062.50              29,062.50     4346 Interest Income 3130AQD59 FHLB 1.000 09/30/2024 01/02/2024           25,000.00              25,000.00     4347 Interest Income 3130AQ7E7 FHLB 1.500 06/30/2026 01/02/2024           37,500.00              37,500.00     4349 Interest Income 3130AQD59 FHLB 1.000 09/30/2024 01/02/2024           25,000.00              25,000.00     4364 Interest Income 9128286Z8 T 1.750 06/30/2024 01/02/2024           61,250.00              61,250.00     4370 Interest Income 912828XX3 T 2.000 06/30/2024 01/02/2024           50,000.00              50,000.00     4379 Interest Income 91282CEW7 T 3.250 06/30/2027 01/02/2024           81,250.00              81,250.00     4406 Interest Income 91282CEW7 T 3.250 06/30/2027 01/02/2024           81,250.00              77,275.82              3,974.18     4390 Interest Income 931142EM1 WMT 3.050 07/08/2026 01/08/2024           64,919.25              64,919.25     4385 Interest Income 3134GYPF3 FHLMC 4.750 07/12/2027 01/12/2024           78,375.00              78,375.00     4402 Interest Income 459058KT9 IBRD 3.500 07/12/2028 01/12/2024           87,500.00              58,819.44              28,680.56     4403 Interest Income 459058KT9 IBRD 3.500 07/12/2028 01/16/2024           87,500.00              70,000.00              17,500.00     4320 Interest Income 3130AKN36 FHLB 0.525 01/15/2026 01/16/2024           13,125.00              13,125.00     4384 Interest Income 3130AUMC5 FHLB 3.750 07/20/2026 01/22/2024           93,750.00              93,750.00     4321 Interest Income 3130AKN85 FHLB 0.550 01/20/2026 01/22/2024           13,750.00              13,750.00     4380 Interest Income 3134GYCP5 FHLMC 5.000 07/23/2024 01/23/2024           125,000.00              125,000.00     4338 Interest Income 459058JE4 IBRD 0.376 07/28/2025 01/29/2024           9,400.00              9,400.00     4371 Interest Income 459200KS9 IBM 4.000 07/27/2025 01/29/2024           120,000.00              120,000.00     4391 Interest Income 904764AU1 UNANA 2.000 07/28/2026 01/29/2024           25,050.00              25,050.00     4322 Interest Income 3130AKUS3 FHLB 0.500 01/28/2026 01/29/2024           12,500.00              12,500.00     4325 Interest Income 91159HHX1 USB 2.400 07/30/2024 01/30/2024           45,708.00              45,708.00     4330 Interest Income 91282CAB7 T 0.250 07/31/2025 01/31/2024           6,250.00              6,250.00     4341 Interest Income 91282CCP4 T 0.625 07/31/2026 01/31/2024           15,625.00              15,625.00     4353 Interest Income 912828Y87 T 1.750 07/31/2024 01/31/2024           43,750.00              43,750.00     4358 Interest Income 912828Y87 T 1.750 07/31/2024 01/31/2024           35,000.00              35,000.00     4408 Interest Income 91282CHQ7 T 4.125 07/31/2028 01/31/2024           206,250.00              189,436.14              16,813.86     4409 Interest Income 91282CFB2 T 2.750 07/31/2027 01/31/2024           68,750.00              64,266.30              4,483.70     Activity Total           1,555,014.75              459,797.70              1,095,217.05     Portfolio: CITY Bond Interest Received Report City of Huntington Beach Reporting Period: 01/31/2024 Report Run Date: Apr 24, 2024 27 52 - - - - - - - - - - - Accounting ID CUSIP Ticker Coupon Maturity Date Short Description Trade Date Settlement Date Par Value Book Value Market Value Gain/Loss Book Yield Effective Duration Days to Maturity (%) of Portfolio Moodys Rating S&P Rating Fitch Rating 4364 9128286Z8 T 1.750     06/30/2024 U.S. Treasury Note 04/29/2022 05/02/2022 7,000,000.00     6,972,793.04     6,901,860.00     (70,933.04) 2.730 0.40 150 1.82% Aaa AA+ AA+ 4370 912828XX3 T 2.000    06/30/2024 U.S. Treasury Note 05/26/2022 05/27/2022 5,000,000.00    4,990,808.82    4,935,150.00    (55,658.82)2.462 0.40 150 1.30%Aaa AA+AA+ 4353 912828Y87 T 1.750     07/31/2024 U.S. Treasury Note 01/13/2022 01/14/2022 5,000,000.00     5,017,632.40     4,917,800.00     (99,832.40) 1.028 0.49 181 1.31% Aaa AA+ AA+ 4358 912828Y87 T 1.750     07/31/2024 U.S. Treasury Note 02/10/2022 02/11/2022 4,000,000.00     4,002,997.25     3,934,240.00     (68,757.25) 1.595 0.49 181 1.04% Aaa AA+ AA+ 4361 912828D56 T 2.375     08/15/2024 U.S. Treasury Note 03/21/2022 03/22/2022 5,000,000.00     5,003,492.02     4,928,150.00     (75,342.02) 2.240 0.52 196 1.30% Aaa AA+ AA+ 4298 912828YH7 T 1.500     09/30/2024 U.S. Treasury Note 12/04/2019 12/05/2019 5,000,000.00     4,996,976.72     4,887,700.00     (109,276.72) 1.595 0.65 242 1.30% Aaa AA+ AA+ 4350 912828YM6 T 1.500     10/31/2024 U.S. Treasury Note 12/30/2021 12/31/2021 3,000,000.00     3,012,795.39     2,925,600.00     (87,195.39) 0.920 0.73 273 0.78% Aaa AA+ AA+ 4376 91282CEU1 T 2.875     06/15/2025 U.S. Treasury Note 11/17/2022 11/18/2022 3,000,000.00     2,946,015.96     2,936,850.00     (9,165.96) 4.276 1.32 500 0.77% Aaa AA+ AA+ 4330 91282CAB7 T 0.250     07/31/2025 U.S. Treasury Note 05/18/2021 05/19/2021 5,000,000.00     4,973,091.53     4,700,400.00     (272,691.53) 0.615 1.46 546 1.29% Aaa AA+ AA+ 4340 91282CAJ0 T 0.250     08/31/2025 U.S. Treasury Note 09/23/2021 09/27/2021 5,000,000.00     4,962,277.72     4,686,900.00     (275,377.72) 0.735 1.54 577 1.29% Aaa AA+ AA+ 4351 9128284Z0 T 2.750     08/31/2025 U.S. Treasury Note 12/30/2021 12/31/2021 5,000,000.00     5,127,034.80     4,876,950.00     (250,084.80) 1.103 1.51 577 1.33% Aaa AA+ AA+ 4341 91282CCP4 T 0.625     07/31/2026 U.S. Treasury Note 09/30/2021 09/30/2021 5,000,000.00     4,960,457.75     4,593,350.00     (367,107.75) 0.950 2.42 911 1.29% Aaa AA+ AA+ 4339 91282CCW9 T 0.750     08/31/2026 U.S. Treasury Note 09/23/2021 09/23/2021 1,000,000.00     996,473.38    919,530.00     (76,943.38) 0.890 2.49 942 0.26% Aaa AA+ AA+ 4342 91282CCW9 T 0.750     08/31/2026 U.S. Treasury Note 11/22/2021 11/23/2021 5,000,000.00     4,933,250.22     4,597,650.00     (335,600.22) 1.285 2.49 942 1.28% Aaa AA+ AA+ 4379 91282CEW7 T 3.250     06/30/2027 U.S. Treasury Note 12/28/2022 12/29/2022 5,000,000.00     4,883,943.89     4,888,300.00     4,356.11     4.000 3.17 1,245 1.27% Aaa AA+ AA+ 4406 91282CEW7 T 3.250     06/30/2027 U.S. Treasury Note 12/21/2023 12/22/2023 5,000,000.00     4,887,891.91     4,888,300.00    408.09     3.960 3.17 1,245 1.27% Aaa AA+ AA+ 4409 91282CFB2 T 2.750     07/31/2027 U.S. Treasury Note 01/18/2024 01/19/2024 5,000,000.00     4,785,386.50     4,804,300.00     18,913.50     4.080 3.28 1,276 1.25% Aaa AA+ AA+ 4408 91282CHQ7 T 4.125    07/31/2028 U.S. Treasury Note 01/12/2024 01/16/2024 10,000,000.00    10,120,327.50    10,094,900.00    (25,427.50)3.831 4.06 1,642 2.63%Aaa AA+AA+ U.S. Treasuries 88,000,000.00     87,573,646.79     85,417,930.00     (2,155,716.79)22.80% 4323 459056HV2 IBRD 1.500    08/28/2024 Int'l Bank for Recon and Dev 04/21/2021 04/23/2021 5,000,000.00    5,030,646.31    4,895,900.00    (134,746.31)0.425 0.56 209 1.31%Aaa AAA AAA 4338 459058JE4 IBRD 0.376    07/28/2025 Int'l Bank for Recon and Dev 07/28/2021 07/30/2021 5,000,000.00    4,984,689.15    4,704,000.00    (280,689.15)0.583 1.45 543 1.30%Aaa AAA AAA 4319 459058JL8 IBRD 0.500    10/28/2025 Int'l Bank for Recon and Dev 01/08/2021 01/12/2021 5,000,000.00    4,999,001.01    4,674,550.00    (324,451.01)0.512 1.69 635 1.30%Aaa AAA AAA 4324 45906M2L4 IBRD 0.650    02/24/2026 Int'l Bank for Recon and Dev 04/28/2021 04/30/2021 5,000,000.00    4,977,804.27    4,637,200.00    (340,604.27)0.870 2.00 754 1.30%Aaa AAA AAA 4401 45818WEQ5 IADB 3.800    06/09/2028 Inter-American Development Bank 09/19/2023 09/21/2023 5,000,000.00    4,840,568.20    4,940,950.00    100,381.80    4.622 3.94 1,590 1.26%Aaa AAA AAA 4402 459058KT9 IBRD 3.500    07/12/2028 Int'l Bank for Recon and Dev 11/09/2023 11/13/2023 5,000,000.00    4,751,125.07    4,896,350.00    145,224.93    4.760 4.05 1,623 1.24%Aaa AAA AAA 4403 459058KT9 IBRD 3.500    07/12/2028 Int'l Bank for Recon and Dev 12/04/2023 12/06/2023 5,000,000.00    4,830,183.79    4,896,350.00    66,166.21    4.350 4.05 1,623 1.26%Aaa AAA AAA 4410 459058KW2 IBRD 4.625    08/01/2028 Int'l Bank for Recon and Dev 01/23/2024 01/25/2024 5,000,000.00    5,100,627.31    5,124,550.00    23,922.69    4.130 3.96 1,643 1.33%Aaa AAA AAA Supranational 40,000,000.00     39,514,645.10     38,769,850.00     (744,795.10)10.29% 4387 3130AUXN9 FHLB 5.000    02/15/2024 Federal Home Loan Bank 04/24/2023 04/25/2023 3,000,000.00    3,000,076.76    2,999,550.00    (526.76)4.923 0.04 14 0.78%Aaa AA+ 4292 3133ECHX5 FFCB 2.260    03/13/2024 Federal Farm Credit Bank 05/22/2019 05/23/2019 5,000,000.00    5,000,131.10    4,982,750.00    (17,381.10)2.236 0.11 41 1.30%Aaa AA+AA+ 4378 3130ATVC8 FHLB 4.875    06/14/2024 Federal Home Loan Bank 12/27/2022 12/28/2022 5,000,000.00    5,002,212.45    4,994,150.00    (8,062.45)4.740 0.36 134 1.30%Aaa AA+ 4348 3130AQD42 FHLB 0.920    06/28/2024 Federal Home Loan Bank 12/14/2021 12/28/2021 5,000,000.00    5,000,000.00    4,914,300.00    (85,700.00)0.920 0.40 148 1.30%Aaa AA+ 4380 3134GYCP5 FHLMC 5.000    07/23/2024 Freddie Mac 01/05/2023 01/23/2023 5,000,000.00    5,000,000.00    4,995,850.00    (4,150.00)5.000 0.46 173 1.30%Aaa AA+AA+ 4344 3130AQ3C5 FHLB 1.000    08/28/2024 Federal Home Loan Bank 12/01/2021 12/02/2021 4,000,000.00    4,000,000.00    3,907,360.00    (92,640.00)1.000 0.56 209 1.04%Aaa AA+ 4373 3133XVDG3 FHLB 4.375    09/13/2024 Federal Home Loan Bank 09/22/2022 09/23/2022 5,000,000.00    5,003,924.08    4,985,300.00    (18,624.08)4.240 0.59 225 1.30%Aaa AA+ 4336 3130AMXJ6 FHLB 0.500    09/30/2024 Federal Home Loan Bank 06/17/2021 06/30/2021 5,000,000.00    5,000,000.00    4,854,050.00    (145,950.00)0.500 0.65 242 1.30%Aaa AA+ 4346 3130AQD59 FHLB 1.000    09/30/2024 Federal Home Loan Bank 12/14/2021 12/30/2021 5,000,000.00    5,000,000.00    4,869,000.00    (131,000.00)1.000 0.65 242 1.30%Aaa AA+ 4349 3130AQD59 FHLB 1.000    09/30/2024 Federal Home Loan Bank 12/22/2021 12/30/2021 5,000,000.00    5,000,000.00    4,869,000.00    (131,000.00)1.000 0.65 242 1.30%Aaa AA+ 4334 3130AMW65 FHLB 0.500    12/30/2024 Federal Home Loan Bank 06/15/2021 06/30/2021 5,000,000.00    5,000,000.00    4,804,850.00    (195,150.00)0.500 0.89 333 1.30%Aaa AA+ 4332 3130AMQ62 FHLB 0.625    03/14/2025 Federal Home Loan Bank 05/26/2021 06/14/2021 5,000,000.00    5,000,000.00    4,799,700.00    (200,300.00)0.625 1.09 407 1.30%Aaa AA+ 4397 3130AWER7 FHLB 4.625    06/06/2025 Federal Home Loan Bank 06/14/2023 06/15/2023 3,000,000.00    2,998,710.76    3,008,310.00    9,599.24    4.659 1.28 491 0.78%Aaa AA+ 4329 3135G04Z3 FNMA 0.500    06/17/2025 Fannie Mae 05/13/2021 05/14/2021 5,000,000.00    4,991,295.59    4,737,600.00    (253,695.59)0.628 1.34 502 1.30%Aaa AA+AA+ 4381 3135G04Z3 FNMA 0.500    06/17/2025 Fannie Mae 01/12/2023 01/13/2023 5,000,000.00    4,771,578.95    4,737,600.00    (33,978.95)4.013 1.34 502 1.24%Aaa AA+AA+ 4345 3130AQ5S8 FHLB 1.250     06/30/2025 Federal Home Loan Bank 12/08/2021 12/30/2021 4,650,000.00     4,650,000.00     4,451,166.00     (198,834.00) 1.250 1.37 515 1.21% Aaa AA+ 4327 3130AMDL3 FHLB 0.800     07/25/2025 Federal Home Loan Bank 05/11/2021 05/25/2021 5,000,000.00     5,000,000.00     4,743,350.00     (256,650.00) 0.800 1.44 540 1.30% Aaa AA+ 4360 3130AQT94 FHLB 1.600     08/28/2025 Federal Home Loan Bank 03/03/2022 03/04/2022 4,575,000.00     4,560,002.65     4,380,333.75     (179,668.90) 1.816 1.51 574 1.19% Aaa AA+ 4331 3130AMQ54 FHLB 0.700     09/16/2025 Federal Home Loan Bank 05/26/2021 06/16/2021 5,000,000.00     5,000,000.00     4,707,000.00     (293,000.00) 0.700 1.58 593 1.30% Aaa AA+ 4318 3135GA2Z3 FNMA 0.560     11/17/2025 Fannie Mae 01/08/2021 01/11/2021 3,000,000.00     3,001,220.96     2,801,040.00     (200,180.96) 0.500 1.74 655 0.78% Aaa AA+ AA+ 4320 3130AKN36 FHLB 0.525     01/15/2026 Federal Home Loan Bank 01/14/2021 01/15/2021 5,000,000.00     4,998,044.44     4,646,250.00     (351,794.44) 0.545 1.90 714 1.30% Aaa AA+ 4321 3130AKN85 FHLB 0.550     01/20/2026 Federal Home Loan Bank 01/14/2021 01/20/2021 5,000,000.00     4,999,015.28     4,646,500.00     (352,515.28) 0.560 1.92 719 1.30% Aaa AA+ 4322 3130AKUS3 FHLB 0.500     01/28/2026 Federal Home Loan Bank 01/26/2021 01/28/2021 5,000,000.00     5,000,000.00     4,638,550.00     (361,450.00) 0.500 1.94 727 1.30% Aaa AA+ 4333 3130ALEY6 FHLB 0.800     03/04/2026 Federal Home Loan Bank 06/09/2021 06/10/2021 5,000,000.00     5,000,000.00     4,646,500.00     (353,500.00) 0.800 2.02 762 1.30% Aaa AA+ 4328 3130AMJN3 FHLB 1.030     05/26/2026 Federal Home Loan Bank 05/12/2021 05/26/2021 5,000,000.00     5,000,000.00     4,638,850.00     (361,150.00) 1.030 2.23 845 1.30% Aaa AA+ Portfolio: CITYBond Holdings By Sector Report City of Huntington Beach Reporting Period: 01/31/2024 Report Run Date: Apr 18, 2024 28 53 f-- Accounting ID CUSIP Ticker Coupon Maturity Date Short Description Trade Date Settlement Date Par Value Book Value Market Value Gain/Loss Book Yield Effective Duration Days to Maturity (%) of Portfolio Moodys Rating S&P Rating Fitch Rating 4335 3130AMFS6 FHLB 0.750     06/12/2026 Federal Home Loan Bank 06/16/2021 06/17/2021 5,000,000.00     4,985,777.16     4,618,700.00     (367,077.16) 0.873 2.29 862 1.30% Aaa AA+ 4388 3130AVWS7 FHLB 3.750     06/12/2026 Federal Home Loan Bank 05/08/2023 05/09/2023 3,000,000.00     2,996,811.62     2,974,890.00     (21,921.62) 3.796 2.22 862 0.78% Aaa AA+ 4398 3133EPNG6 FFCB 4.375     06/23/2026 Federal Farm Credit Bank 06/22/2023 06/23/2023 3,000,000.00     2,998,922.50     3,015,060.00     16,137.50     4.391 2.24 873 0.78% Aaa AA+ AA+ 4347 3130AQ7E7 FHLB 1.500     06/30/2026 Federal Home Loan Bank 12/14/2021 12/30/2021 5,000,000.00     5,001,072.84     4,679,250.00     (321,822.84) 1.339 2.31 880 1.30% Aaa AA+ 4384 3130AUMC5 FHLB 3.750     07/20/2026 Federal Home Loan Bank 01/17/2023 01/19/2023 5,000,000.00     5,000,000.00     4,953,000.00     (47,000.00) 3.750 2.32 900 1.30% Aaa AA+ 4356 3130AQS79 FHLB 1.375     08/07/2026 Federal Home Loan Bank 01/27/2022 02/07/2022 5,000,000.00     5,000,000.00     4,733,100.00     (266,900.00) 1.375 2.38 918 1.30% Aaa AA+ 4386 3133EPGT6 FFCB 3.875     04/26/2027 Federal Farm Credit Bank 04/21/2023 04/26/2023 5,000,000.00     4,995,348.09     4,975,300.00     (20,048.09) 3.906 2.97 1,180 1.30% Aaa AA+ AA+ 4389 3133EPJP1 FFCB 3.625     05/12/2027 Federal Farm Credit Bank 05/08/2023 05/12/2023 5,000,000.00     4,988,641.08     4,937,350.00     (51,291.08) 3.700 3.02 1,196 1.30% Aaa AA+ AA+ 4392 3130AW4N7 FHLB 3.630     06/04/2027 Federal Home Loan Bank 05/16/2023 05/18/2023 5,000,000.00     5,000,000.00     4,941,850.00     (58,150.00) 3.630 3.08 1,219 1.30% Aaa AA+ 4396 3133EPMV4 FFCB 4.125     06/15/2027 Federal Farm Credit Bank 06/09/2023 06/15/2023 5,000,000.00     4,999,199.10     5,014,800.00     15,600.90     4.130 3.09 1,230 1.30% Aaa AA+ AA+ 4385 3134GYPF3 FHLMC 4.750     07/12/2027 Freddie Mac 04/21/2023 04/24/2023 3,300,000.00     3,295,953.26     3,273,369.00     (22,584.26) 4.791 1.43 1,257 0.86% Aaa AA+ AA+ 4405 3130AWWN6 FHLB 4.500     09/10/2027 Federal Home Loan Bank 12/04/2023 12/05/2023 4,455,000.00     4,471,741.86     4,530,957.75     59,215.89     4.383 3.23 1,317 1.16% Aaa AA+ 4395 3130AWC24 FHLB 4.000     06/09/2028 Federal Home Loan Bank 06/09/2023 06/13/2023 5,000,000.00     5,004,016.04     5,012,000.00     7,983.96     3.979 3.93 1,590 1.30% Aaa AA+ 4399 3130AWC24 FHLB 4.000     06/09/2028 Federal Home Loan Bank 06/26/2023 06/27/2023 5,000,000.00     4,997,580.25     5,012,000.00     14,419.75     4.012 3.93 1,590 1.30% Aaa AA+ 4400 31422X5U2 FAMCA 5.100     08/07/2028 Farmer Mac 08/02/2023 08/07/2023 2,000,000.00     2,000,000.00     2,004,160.00     4,160.00     5.100 2.11 1,649 0.52% U.S. Agencies 182,980,000.00     182,711,276.80     177,434,696.50     (5,276,580.30)47.57% 4355 67066GAL8 NVDA 0.584     06/14/2024 Nvidia 01/20/2022 01/24/2022 5,000,000.00     4,987,914.01     4,912,750.00     (75,164.01) 1.250 0.36 134 1.30% A1 A+ 4325 91159HHX1 USB 2.400     07/30/2024 US Bank 04/28/2021 04/30/2021 3,809,000.00     3,843,148.82     3,752,474.44     (90,674.38) 0.528 0.48 180 1.00% A3 A A 4343 14913R2P1 CAT 0.600     09/13/2024 Caterpillar 11/30/2021 12/02/2021 5,000,000.00     4,988,456.44     4,859,400.00     (129,056.44) 0.980 0.60 225 1.30% A2 A A+ 4371 459200KS9 IBM 4.000     07/27/2025 IBM 08/09/2022 08/11/2022 6,000,000.00     6,015,838.65     5,944,020.00     (71,818.65) 3.810 1.42 542 1.57% A3 A- 4372 931142EW9 WMT 3.900     09/09/2025 Walmart 09/20/2022 09/22/2022 5,000,000.00     4,981,256.98     4,955,150.00     (26,106.98) 4.150 1.51 586 1.30% Aa2 AA AA 4382 717081DV2 PFE 2.750     06/03/2026 Pfizer Inc 01/13/2023 01/18/2023 5,000,000.00     4,849,479.51     4,800,050.00     (49,429.51) 4.142 2.21 853 1.26% A2 A A 4375 110122CN6 BMY 3.200     06/15/2026 Bristol-Myers Squibb 11/14/2022 11/16/2022 5,000,000.00     4,861,067.65     4,849,050.00     (12,017.65) 4.480 2.20 865 1.27% A2 A 4390 931142EM1 WMT 3.050     07/08/2026 Walmart 05/11/2023 05/15/2023 4,257,000.00     4,188,856.59     4,133,206.44     (55,650.15) 3.752 2.26 888 1.09% Aa2 AA AA 4391 904764AU1 UNANA 2.000     07/28/2026 Unilever 05/11/2023 05/15/2023 2,505,000.00     2,402,843.06     2,366,874.30     (35,968.76) 3.752 2.38 908 0.63% A1 A+ A 4404 037833DN7 AAPL 2.050     09/11/2026 Apple 12/04/2023 12/06/2023 5,000,000.00     4,692,492.46     4,712,500.00     20,007.54     4.583 2.46 953 1.22% Aaa AA+ 4407 713448DN5 PEP 2.375     10/06/2026 Pepsi 12/21/2023 12/26/2023 5,000,000.00     4,762,368.75     4,759,050.00     (3,318.75) 4.273 2.50 978 1.24% A1 A+ WD Corporates 51,571,000.00     50,573,722.93     50,044,525.18     (529,197.75)13.17% Bond Holdings 362,551,000.00     360,373,291.62     351,667,001.68     (8,706,289.94)93.82% Portfolio: CITYBond Holdings By Sector Report City of Huntington Beach Reporting Period: 01/31/2024 Report Run Date: Apr 18, 2024 29 54 Statement of Cash Receipts and Disbursements and Cash Receipts and Disbursements December 2023 January 2024 Receipts General Fund Property Tax 23,817,212$             19,158,531$              Local Sales Tax 3,996,591 3,385,565  Public Safety Sales Tax 285,478 241,753  Transient Occupancy Tax (TOT)1,072,762 1,031,836  Utility Users Tax (UUT)1,642,396 1,854,414  Other Revenue 4,462,678 5,055,037  Total General Fund Revenue 35,277,117 30,727,136  Total All Other Funds Revenue 22,491,481 20,986,315  Total Receipts 57,768,599$ 51,713,451$ Disbursements General Fund Personnel Services (16,299,110) (12,176,399) Operating Expenses (3,789,596) (4,845,543) Capital Expenditures ‐ ‐  Non‐Operating Expenses (466,907) (201,186)  Total General Fund Disbursements (20,555,613) (17,223,128) Total All Other Funds Disbursements (26,181,844)              (23,888,352)               Total Disbursements (46,737,457) (41,111,480) Net Change in Cash Flow 11,031,142$ 10,601,970$ Summary of Cash by Fund December 2023 January 2024 General Fund 83,517,850$             97,021,857$              General Fund Other 5,346,116 5,225,669  Capital Projects Funds 67,553,371 66,230,097  Debt Service Funds 29,577,241 30,734,758  Enterprise Funds 81,583,525 77,575,831  Trust and Agency Funds 3,362,860 5,777,599  Internal Service Funds 54,079,271 52,610,362  Special Revenue Funds 48,080,997 48,527,027  General Ledger Cash Balances * 373,101,230$ 383,703,201$ Total cash will differ from investment portfolio total due to outstanding checks and/or other timing differences. Note: Above information was obtained from the City's accounting system records. The above information includes receipts from maturing investments and payments for purchased investments in the city investment portfolio. This statement is prepared in compliance with the City's Charter. Summary of Cash by Fund City Treasurer's Office January 2024 30 55 Quarterly Investment Report Alisa Backstrom, MBA, CCMT, CPFIM Elected City Treasurer Quarter Ended: March 31, 2024 56 INTEREST RATES – US TREASURY YIELD CURVE MARCH 28, 2024 1-MO = 5.49% INVERTED YIELD CURVE 1-MO. = 5.49% 2-YR = 4.59% 5-YR = 4.21% 2-YR: 4.59% 5-YR: 4.21% 57 111 l'f lY INVESTMENT PORTFOLIO – SUMMARY QUARTER END 3/31/24 ($ in millions) Investment Type Book Value Market Value U.S. Agencies 174.7$168.9$ U.S. Treasuries 92.6$ 90.1$ Corporate Bonds 55.7$ 55.0$ CAMP Investment Pool 18.2$ 18.2$ Supranational Bonds 39.5$ 38.5$ Cash / Money Market 0.6$ 0.6$ TOTAL 381.5$371.3$ 58 I - I I INVESTMENT PORTFOLIO – INVESTMENTS BY TYPE QUARTER END 3/31/24 46%24%14.5%10%5%0.5% U.S. Agencies U.S. Treasuries Corporate Bonds Supranationals CAMP Cash / Money Market 59 ::::::■::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::■::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::■::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ...................................................................................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ::::::.::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::.::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ..................................................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . INVESTMENT PORTFOLIO – BY MATURITY QUARTER END 3/31/24 60 -SYr ✓r----- 0. oak V lu " of Portfolio INVESTMENT PORTFOLIO – SELECTED ACTIVITY QUARTER END 3/31/24 U.S. Agencies U.S. Treasuries Corporate Bonds Supranationals $8MM Maturities $20MM Purchases $5MM Purchases $5MM Purchases Total Purchases: $30 million Total Maturities: $8 million 61 INVESTMENT PORTFOLIO – EARNINGS QUARTER END 3/31/24 •$844,666 Up 47% Current Month: •$7,119,725 Up 84% Fiscal Year-to-date: •2.65 % Monthly Effective Annual Return: •2.60 % FYTD Effective Annual Return: 62 INVESTMENT PORTFOLIO – SELECTED COMPLIANCE QUARTER END 3/31/24 63 MAXI UM INVESTMENT MAXIMUM SPECIFIED o/o OF MINIMUM QUALITY IN PORTFOLIO/ TYPE MATURITY REQUIREMENTS COMPLIANCE? MAXIMUM PER ISSUER U.S . Treasuries 5 years None None YES U.S. Agenci;s 5 years Nono Nono YES Supranationa ls 5 years 30% •AA• Rating Category YES Corporate Bonds 5 years 30%!10% ·A-Rating Category YES Mon;y Mark;t 60 days 16%110% "AAA" Rating Mutua l Funds Category YES CA Asset Management N/A Up to $75,000,000 None Program (CAMP) YES Maximum Matur ities No morg than 50 % of portfolio maturing ovgr 4 years . YES ADDITIONAL INFORMATION City of Huntington Beach Website: •City Treasurer •Investments _________________________________________ https://www.huntingtonbeachca.gov/government/city_treasurer/investments.php 64 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:24-322 MEETING DATE:5/7/2024 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Robin Estanislau, CMC, City Clerk PREPARED BY:Robin Estanislau, CMC, City Clerk Subject: Approve and Adopt Minutes Statement of Issue: The City Council/Public Financing Authority regular meeting minutes dated April 16, 2024, require review and approval. Financial Impact: None. Recommended Action: Approve and adopt the City Council/Public Financing Authority regular meeting minutes of April 16, 2024. Alternative Action(s): Do not approve and/or request revision(s). Analysis: None Environmental Status: Non-Applicable Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1. CC/PFA regular meeting minutes of April 16, 2024 City of Huntington Beach Printed on 5/1/2024Page 1 of 1 powered by Legistar™65 Minutes City Council/Public Financing Authority City of Huntington Beach Tuesday, April 16, 2024 4:30 PM – Council Chambers 6:00 PM – Council Chambers Civic Center, 2000 Main Street Huntington Beach, California 92648 A video recording of the 4:30 PM and 6:00 PM portions of this meeting is on file in the Office of the City Clerk, and archived at www.surfcity-hb.org/government/agendas/ 4:30 PM - COUNCIL CHAMBERS CALLED TO ORDER — 4:30 PM ROLL CALL Present: Moser, Bolton (arrived at 4:43 pm), Burns, Van Der Mark, Strickland, McKeon, and Kalmick Absent: None CITY COUNCIL MEMBER COMMENTS (3-Minute Time Limit) Councilmember Moser announced the Greater Huntington Beach Interfaith Council's Community Day of Service event to be held on Saturday, April 20 from 9:00 am to Noon in Huntington Beach Central Park. ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS PERTAINING TO CLOSED SESSION ITEMS (Received After Agenda Distribution) — None PUBLIC COMMENTS PERTAINING TO CLOSED SESSION ITEMS (3-Minute Time Limit) — None RECESSED TO CLOSED SESSION FOR ITEMS #1 –9 — 4:32 PM A motion was made by Strickland, with a second by Burns, to recess to Closed Session. CLOSED SESSION 1. 24-237 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Van (Dinh Cong) v. Lukehart (Brendan Cameron), City of Huntington Beach, et al.; OCSC Case No.: 30-2023-01363173-CU- PA -CJC. 2. 24-238 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Pacific Airshow, LLC v. City of Huntington Beach and Kim Carr; OCSC Case No. 30-2022-01287749. 66 Council/PFA Regular Minutes April 19, 2024 Page 2 of 15 3. 24-239 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Clayton-Tarvin (Gina) v. City of Huntington Beach, Michael Gates, et al.; OCSC Case No.: 30-2023-01329927. 4. 24-240 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Frahm (Robert), et al. v. City of Huntington Beach; OCSC Case No.: 30-2023-01319592. 5. 24-241 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). City of Huntington Beach v. Newsom/HCD (RHNA); 8:23-CV-00421-FWS (ADSx). 6. 24-242 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Gapezzani (Gary) v. John Romero, City of Huntington Beach; OCSC Case No.: 30-2021-01225030. 7. 24-243 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. 8. 24-272 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Unkovich (Laura) v. City of Huntington Beach, et al.; OCSC Case No.: 30-2022-01297077. 9. 24-273 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Gallier (Michael) v. City of Huntington Beach/Gance; OCSC Case No.: 30-2023-01359146-CU-PO-CJC. 6:00 PM - COUNCIL CHAMBERS RECONVENED CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING — 6:00 PM ROLL CALL Present: Moser, Bolton, Burns, Van Der Mark, Strickland, McKeon, and Kalmick Absent: None PLEDGE OF ALLEGIANCE — Led by Police Captain Bo Svendsbo INVOCATION In permitting a nonsectarian invocation, the City does not intend to proselytize or advance any faith or belief. Neither the City nor the City Council endorses any particular religious belief or form of invocation. 10. 24-267 Huntington Beach Police Chaplain Bob Ewing CITY CLERK’S REPORT (moved forward from original Agenda order) 11. 24-265 2024 Safe and Sane Fireworks Stand Lottery 67 Council/PFA Regular Minutes April 19, 2024 Page 3 of 15 City Clerk Robin Estanislau presented a PowerPoint communication titled 2024 Non-Profit Firework Stand Lottery with slides entitled Public High School Winners (4), Private High School Winner, Ruby Brown-Bilyue, Miss Huntington Beach 2024, City Partnerships Lottery per Resolution 2024-08, Youth Sports (2), Civic Organizations (2), and Good Luck! City Partnership Winner/Order of Future Annual Awards: 2024 (Year 1): Huntington Beach Fire Outreach Foundation; 2025 (Year 2): Huntington Beach Police and Community Foundation; 2026 (Year 3): Huntington Beach Council on Aging Youth Sports Winners: 1) H.B. Divers, DBA Coast Divers; 2) Huntington Valley Little League; 3) North OC Youth Sports Association; 4) Team 90, Inc., dba California Rush; and 5) Seaview Little League Alternates: 1) Huntington Beach Chargers Youth Football and Cheer; 2) Culture Football Organization; 3) Beach Elite Volleyball Civic Organization Winners: 1) Compass Bible Church Huntington Beach; 2) Lutheran Church of the Resurrection; 3) Refuge Calvary Chapel Huntington Beach; 4) HB Elks Lodge No. 1959; and 5) Therapeutic Riding Center of Huntington Beach Alternates: 1) Orange Coast Gakuen, Inc.; 2) HB Council on Aging; 3) Las Damas CLOSED SESSION REPORT BY CITY ATTORNEY — None ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) Pursuant to the Brown "Open Meetings" Act, City Clerk Robin Estanislau announced supplemental communications that were received by her office following distribution of the Council Agenda packet which were all uploaded to the City's website and Councilmember iPads: Consent Calendar Item #13 (1 staff memorandum, 12 email communications), Item #14 (1 email communication), Item #15 (1 email communication), and Item #16 (1 email communication). PUBLIC COMMENTS (2-Minute Time Limit due to number of speakers) — 40 Speakers The number [hh:mm:ss] following the speakers' comments indicates their approximate starting time in the archived video located at http://www.surfcity-hb.org/government/agendas. Shirley Dettloff, resident since 1964, was called to speak and shared her concerns related to City Council proposed changes regarding the Public Library system and City ballot measures in the March 5, 2024, Special Primary Election. (00:23:22) Shammy D. was called to speak and shared her opinions regarding various actions of the Council majority and asked that they focus on implementing their campaign promises. (00:25:40) Unnamed Speaker was called to speak and shared her opinions related to City Council proposed changes regarding the Public Library system. (00:28:07) Stephen Quinn, Huntington Beach resident, was called to speak and shared his opinions related to City Council proposed changes regarding the Public Library system and cultural ideologies. (00:30:21) 68 Council/PFA Regular Minutes April 19, 2024 Page 4 of 15 Unnamed Speaker was called to speak and shared her opinions related to City ballot measures in the March 5, 2024, Special Primary Election, the multitude of legal cases the City is facing and asked Council to focus on issues like keeping the beach restrooms clean. (00:32:28) Melissa Ronning, Huntington Beach Public Library Principal Librarian, was called to speak and shared her concerns related to City Council proposed changes regarding the Huntington Beach Public Library system and announced her resignation. (00:34:41) Gary Potter, a long-time Huntington Beach resident, was called to speak and stated his support for ensuring inappropriate sexual material is kept away from young children in the Huntington Beach Public Library system. (00:37:00) Marissa Jackson, Huntington Beach resident, was called to speak, stated support for the comments made by Gary Potter and encouraged residents to get involved in Community Service Day on Saturday, April 20. (00:39:27) Amory Hanson was called to speak and stated his support for Consent Calendar Item #16 regarding Ordinance No. 4319 related to activities on Huntington City Beach and in the Beach Activity Zone. (00:41:20) Unnamed Speaker, a 35-year resident and homeowner, was called to speak and shared her opinions regarding policies and proposed changes under the current City Council. (00:42:04) Wendy Rincon, Huntington Beach 50-year resident, was called to speak and shared her opposition to City Council proposed changes regarding the Huntington Beach Public Library system. (00:44:46) Andrew Einhorn, Huntington Beach resident, was called to speak and shared his opposition to City Council proposed changes regarding the Huntington Beach Public Library system. (00:46:55) Vivian Potter, Huntington Beach resident, was called to speak and stated her support for ensuring inappropriate sexual material is kept away from young children in the Huntington Beach Public Library system. (00:48:57) Unnamed Speaker was called to speak and shared her opposition to City Council proposed changes regarding the Huntington Beach Public Library system. (00:51:17) Unnamed Speaker was called to speak and stated her support for ensuring inappropriate sexual material is kept away from young children in the Huntington Beach Public Library system. (00:53:16) Tisha Prieto, mother of two grown children, was called to speak and stated her support for ensuring inappropriate sexual material is kept away from young children in the Huntington Beach Public Library system. (00:55:27) Mark Tonkovich was called to speak and shared his support for ensuring inappropriate sexual material is kept away from young children in the Huntington Beach Public Library System and stated his opposition to Public Hearing Item #20 regarding proposed water and sewer rate adjustments. (00:57:41) Crystal Leon, Huntington Beach resident, was called to speak and stated her opposition to privatizing the Huntington Beach Public Library System. (00:59:09) 69 Council/PFA Regular Minutes April 19, 2024 Page 5 of 15 Joanne Sosa was called to speak and shared her support for ensuring inappropriate sexual material is kept away from young children in the Huntington Beach Public Library system. (01:01:06) Unnamed Speaker was called to speak and shared his support for ensuring inappropriate sexual material is kept away from young children in the Huntington Beach Public Library system. (01:02:49) Chad Williams, life-long Huntington Beach resident, former U. S. Navy Seal and City Council Candidate in November 2024, was called to speak and stated his support for ensuring inappropriate sexual material is kept away from young children in the Huntington Beach Public Library system. (01:04:51) PT Townend, 45-year Huntington Beach resident and Huntington Beach International Surfing Museum Executive Director, was called to speak and stated support for Consent Calendar Item #13 regarding modifying the Management District Plan for the Huntington Beach Tourism Business Improvement District. (01:07:25) Dina Chavez was called to speak and shared her opposition to City Council proposed changes regarding the Huntington Beach Public Library system. (01:08:46) Cathey Ryder, Huntington Beach homeowner and voter since 1985, was called to speak and shared her opposition to the City Council's process for proposed changes regarding the Huntington Beach Public Library system. (01:11:01) Paul Maddison, Pasea Hotel and Spa, General Manager, was called to speak and stated his support for Consent Calendar Item #13 regarding modifying the Management District Plan for the Huntington Beach Tourism Business Improvement District. (01:12:49) John Villa, Huntington Beach Wetlands Conservancy Executive Director, was called to speak and stated his support for Consent Calendar Item #13 regarding modifying the Management District Plan for the Huntington Beach Tourism Business Improvement District. (01:14:21) Kelly Miller, Visit Huntington Beach, CEO and President, was called to speak and stated support for Consent Calendar Item #13 regarding modifying the Management District Plan for the Huntington Beach Tourism Business Improvement District. (01:15:42) Dean Torrence, International Surfing Museum member since 1978, was called to speak and stated support for Consent Calendar Item #13 regarding modifying the Management District Plan for the Huntington Beach Tourism Business Improvement District. (01:17:54) Gretchen Erickson, 22-year Huntington Beach resident, 16-year City of Huntington Beach employee and Huntington Beach Municipal Teamsters (HBMT) Shop Steward, was called to speak and shared her appreciation for support from various groups and quoted from Administrative Regulation 924, A Respectful Workplace Policy, as found on the City's website. (01:18:25) Russ Neal, Huntington Beach resident, was called to speak and shared his support for the Council Majority's efforts to uphold the rule of law. (01:20:37) Tim Geddes was called to speak and stated his opposition to the City Council’s proposed privatization of the Huntington Beach Public Library system. (01:23:05) 70 Council/PFA Regular Minutes April 19, 2024 Page 6 of 15 Paula Schaefer, longtime Huntington Beach resident, Library Volunteer and patron, was called to speak and stated opposition to the City Council’s proposed privatization of the Huntington Beach Public Library system. (01:24:53) Patty C. was called to speak and stated her support for ensuring inappropriate sexual material is kept away from young children in the Huntington Beach Public Library system. (01:26:50) Barbie Arnold, 42-year Huntington Beach resident, was called to speak and stated her support for ensuring inappropriate sexual material is kept away from young children in the Huntington Beach Public Library system and her opposition to Public Hearing Item #20 regarding proposed water and sewer rate adjustments. Mayor Van Der Mark invited Ms. Arnold to complete a blue card for follow-up. (01:29:03) Dom McGee was called to speak and stated support for ensuring inappropriate sexual material is kept away from young children in the Huntington Beach Public Library system and thanked City Attorney Michael Gates for standing up for Voter ID in Huntington Beach. (01:31:20) Perry Clitheroe was called to speak and stated his support for ensuring that Huntington Beach meets the State's Regional Housing Needs Assessment (RHNA) numbers and suggested the resulting increased property taxes would be more than adequate to meet anticipated budget shortcomings. (01:33:12) Pablo Aspas, 16-year Huntington Beach resident, was called to speak and stated opposition to the City Council’s proposed privatization of the Huntington Beach Public Library system. (01:35:22) Unnamed Speaker was called to speak, and shared various opinions related to the City Council’s proposed privatization of the Huntington Beach Public Library system. (01:37:37) Jeanine Studer, 26-year Huntington Beach homeowner, was called to speak and stated her opposition to the City Council’s proposed privatization of the Huntington Beach Public Library system and opposition to Public Hearing Item #20 regarding proposed water and sewer rate adjustments. (01:39:53) Unnamed Speaker was called to speak and shared his opinions related to his experience with the Huntington Beach Police Department. (01:40:33) COUNCIL COMMITTEE APPOINTMENT ANNOUNCEMENTS — None AB 1234 REPORTING Mayor Van Der Mark, Mayor Pro Tem Burns and Councilmember Strickland reported attending an Association of California Cities – Orange County (ACC–OC) Advocacy meeting in Sacramento, April 8 – 9, 2024. OPENNESS IN NEGOTIATION DISCLOSURES — None CITY MANAGER’S REPORT — Interim City Manager Parra recognized the work of City staff and Visit Huntington Beach (VHB) to bring forward a modified Management District Plan for the Huntington Beach Tourism Business Improvement District. CONSENT CALENDAR (Items 12-19) Councilmember Bolton pulled Items #13 and #16 and Councilmember McKeon pulled Items #18 and #19 for further discussion. 71 Council/PFA Regular Minutes April 19, 2024 Page 7 of 15 City Clerk 12. 24-266 Approved and Adopted Minutes A motion was made by Strickland, second Burns to approve and adopt the City Council/Public Financing Authority regular meeting minutes of April 2, 2024. The motion carried by the following roll call vote: AYES: Moser, Bolton, Burns, Van Der Mark, Strickland, McKeon, and Kalmick NOES: None Community Development 13. 23-1042 Adopted Resolution No. 2024-13 declaring the City’s Intention to Modify the Management District Plan for the Huntington Beach Tourism Business Improvement District, conduct a Public Meeting on May 7, 2024, and set a Public Hearing date of June 4, 2024 Councilmember Bolton pulled this item to confirm with Jennifer Villasenor, Director of Community Development, that modifying the Management District Plan for the Huntington Beach Tourism Business Improvement District could impact the City's ability to raise the Transient Occupancy Tax (TOT) in the future. Director Villasenor noted that at this time it is not possible to know how much the impact could be. Councilmember Bolton stated support for the proposed public meeting and hearing on this item to fully address resident concerns. Councilmember McKeon noted that the current Tourism Business Improvement District (TBID) contract runs through 2028 when another review opportunity will be provided. Councilmember Kalmick invited staff to present details for the benefit of the public. Kriss Casanova, Economic Development Manager, presented a PowerPoint communication titled Request to Modify the Management District Plan for the Huntington Beach Tourism Business Improvement District, with slides entitled Background; HBTBID; Visit Huntington Beach (VHB); HBTBID Modification Request; OC Product Additions/Enhancements; Proposed Modified Budget (2); HBTBID Modification Schedule; Management Agreement Amendment; Recommendation; and Questions? Councilmember Kalmick, Manager Casanova and staff discussed the change from "monthly" to "quarterly" assessments, audit schedule, confirming the Plan would include any lodging facilities developed in the future and future Short Term Rental permits, changes to the budget pie chart allocations, review process in 2028, possible option to not maintain TBID as a City service, as well as review of the process and scheduled meeting dates. It was noted if this item passes, the rate may not be changed but wording may be changed as the process moves forward. Councilmember Moser echoed Councilmember Bolton's concern regarding the City's ability to raise the TOT in the future and noted it is imperative to remain competitive with surrounding cities. She stated an interest in hearing more at the proposed meetings about the tourism enhancement programs provided by 72 Council/PFA Regular Minutes April 19, 2024 Page 8 of 15 the TBID and how there can be more transparency on the effect of these enhancements by regular updates throughout the next four years of the Plan. A motion was made by Strickland, second Burns to Adopt Resolution No. 2024-13, "A Resolution of the City Council of the City of Huntington Beach Declaring its Intention to Modify the Management District Plan of the Huntington Beach Tourism Business Improvement District (HBTBID)", which sets a public meeting date for May 7, 2024, and a public hearing date for June 4, 2024, as amended by Supplemental Communication. The motion carried by the following roll call vote: AYES: Moser, Bolton, Burns, Van Der Mark, Strickland, McKeon, and Kalmick NOES: None Police 14. 24-245 Approved Annual Military Equipment Use Report (AB 481) A motion was made by Strickland, second Burns to approve report and renew Ordinance No. 4255, authorizing the continued use of the listed military equipment by the Police Department; and, find that each type of military equipment identified in that report attached hereto as Attachment 1 complies with the following standards for approval: 1. The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. 2. The proposed military equipment use policy will safeguard the public's welfare, safety, civil rights, and civil liberties. 3. Any future purchased equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety. 4. Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance. The motion carried by the following roll call vote: AYES: Moser, Bolton, Burns, Van Der Mark, Strickland, McKeon, and Kalmick NOES: None 15. 24-264 Adopted Ordinance No. 4317 Amending Chapter 8.42 of the Huntington Beach Municipal Code relating to the use of police services at loud parties or other activities (Approved for Introduction on 4-02-2024 by a vote of 7-0) A motion was made by Strickland, second Burns to adopt Ordinance No. 4317, "An Ordinance of the City Council of the City of Huntington Beach Amending the Huntington Beach Municipal Code by Amending Chapter 8.42 Use of Police Services at Loud Parties or Other Activities." The motion carried by the following roll call vote: AYES: Moser, Bolton, Burns, Van Der Mark, Strickland, McKeon, and Kalmick NOES: None 16. 24-263 Adopted Ordinance No. 4319 amending Huntington Beach Municipal Code (HBMC) Chapter 13.08 related to activities on Huntington City Beach and in the Beach 73 ---- Council/PFA Regular Minutes April 19, 2024 Page 9 of 15 Activity Zone, and making a finding of exemption under CEQA (Approved for Introduction on 4-02-2024 by a vote of 7-0) Councilmember Bolton pulled this item to ask staff for clarification regarding the intent to use a radius of fifty feet (50 ft.) from an amplification device. She noted some reports that show the lowest setting on some amplification devices actually project out two hundred (200 ft.) minimum and this ordinance would be banning those devices. Police Lieutenant Smith responded the ordinance uses the "plainly audible" rather than "audible" standard and noted that the devices described by the ACLU letter she referred to, such as 15w personal amplified speakers and 35w megaphones is not comparing "apple to apple" devices. Councilmember Bolton stated her intent is to minimize an opportunity for a challenge, and she wants to ensure an appropriate factual record for the basis of the ordinance, that it will not ban the ability to use amplification devices, before moving forward. City Attorney Michael Gates stated the ACLU letter was reviewed and noted there was a deep dive into case law by his office when the ordinance was drafted, and he believes it is fine as written. Councilmember Kalmick suggested just striking Section 6, amendments to Section 13.08.270 of the Huntington Beach Municipal Code, and stated he would like to work with the ACLU for a month to determine if there is language that would be more agreeable and thereby potentially avoid a lawsuit. City Attorney Gates noted that change would require a return of the item for a new introduction and read. Councilmember Moser confirmed with Police Lieutenant Smith that the purpose of this ordinance is for public safety by ensuring that announcements by Marine Safety Staff, Calls for Service or Distress on the public address system are clearly heard. She stated she cannot support proceeding with this item without making an effort to prevent potential litigation. Councilmember Strickland asked City Attorney Gates, for the benefit of the public, if this ordinance were to pass as written, would it be out of compliance. City Attorney Gates reiterated that two attorneys from his office took a long look at this and stated that as written the ordinance is legally sound and defensible. He added that the assumptions of facts presented by the ACLU are wrong. Councilmember Burns confirmed with Police Lieutenant Smith that this ordinance is another tool for controlling activities on the public beach and sets a defined standard that is easily explainable and will allow officers to use their common sense. A motion was made by Bolton, second Moser to table this item for modifications before bringing back to adopt Ordinance No. 4319, "An Ordinance of the City Council of the City of Huntington Beach Amending the Huntington Beach Municipal Code by Amending Chapter 13.08 Beach Regulations." The motion as presented failed by the following roll call vote: AYES: Moser, Bolton, and Kalmick NOES: Burns, Van Der Mark, Strickland, and McKeon A motion was made by Strickland, second McKeon to adopt Ordinance No. 4319 "An Ordinance of the City Council of the City of Huntington Beach Amending the Huntington Beach Municipal Code by Amending Chapter 13.08 Beach Regulations." 74 Council/PFA Regular Minutes April 19, 2024 Page 10 of 15 The motion carried by the following roll call vote: AYES: Burns, Van Der Mark, Strickland, and McKeon NOES: Moser, Bolton, and Kalmick Public Works 17. 24-231 Adopted Resolution No. 2024-16 Authorizing an Application for Funds for the Environmental Cleanup, Tier 1 Grant Program Under the Orange County Transportation Authority Environmental Cleanup Program A motion was made by Strickland, second Burns to adopt Resolution No. 2024-16, "A Resolution of the City Council of the City of Huntington Beach Authorizing an Application for Funds for the Environmental Cleanup, Tier 1 Grant Program Under Orange County Local Transportation Ordinance No. 3 for the Huntington Beach Trash Removal Project, Phase III - V2." The motion carried by the following roll call vote: AYES: Moser, Bolton, Burns, Van Der Mark, Strickland, McKeon, and Kalmick NOES: None 18. 24-082 Rejected all bids for the Atlanta Pump Station Trash Removal Project, CC-1737; re-scope and re-submit project for OCTA funding Councilmember McKeon asked Chau Vu, Director of Public Works, to provide more details on this item for the benefit of the public and as a basis for a better understanding of Public Hearing Item #20 regarding revising the City's water commodity rates; Sewer Service User Charges; and water meter rates. Director Vu explained that the City had applied for an Orange County Transit Authority (OCTA) cleanup grant of $500,000 with a twenty percent (20%) City match and added that the lowest bid received for the Atlanta Pump Station Trash Removal Project was $1.6M which is significantly above the project budget of $884,000. Additional work is required to de-water the site which sits in a high groundwater area and adds considerable cost to the project. She noted that this project is needed to meet State trash regulations, and to appropriately address the issue staff recommended a re-scope and re-submittal of the project for OCTA funding. A motion was made by McKeon, second Burns to reject all bids for the Atlanta Pump Station Trash Removal Project, CC-1737. The motion carried by the following roll call vote: AYES: Moser, Bolton, Burns, Van Der Mark, Strickland, McKeon, and Kalmick NOES: None 19. 24-212 Accepted the lowest responsive and responsible bid and authorized execution of a construction contract with Palp, Inc. DBA Excel Paving Company in the amount of $1,398,435 for the Water Main Replacement Project in the alley East of Alabama Street Between Lincoln Avenue and Knoxville Avenue (CC-1716) and the alley East of Alabama Street Between Lincoln Avenue and Memphis Avenue (CC-1717) 75 Council/PFA Regular Minutes April 19, 2024 Page 11 of 15 Councilmember McKeon asked Chau Vu, Director of Public Works, to provide more details on this item for the benefit of the public and as a basis for a better understanding of Public Hearing Item #20 regarding revising the City's water commodity rates; Sewer Service User Charges; and water meter rates. Director Vu explained this project is to replace old four-inch pipelines constructed in 1967 with six-inch PVC pipeline for larger capacity. This project will make the water system more dependable, improve the water system infrastructure, provide greater fire protection capabilities, as well as include the re-grading and re-pavement of the alley. She noted the lowest bid received is well within the engineer estimate. This project is funded from the Capital Water Master Plan, and the project is expected to take approximately six months to complete. Councilmember McKeon noted this project is a good example of what it takes to maintain, repair and replace the City's critical water and sewer infrastructure systems. A motion was made by McKeon, second Van Der Mark to accept the lowest responsive and responsible bid submitted by Palp, Inc. DBA Excel Paving Company in the amount of $1,398,435; and authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney. The motion carried by the following roll call vote: AYES: Moser, Bolton, Burns, Van Der Mark, Strickland, McKeon, and Kalmick NOES: None PUBLIC HEARING 20. 24-217 Public Hearing held to Consider Water and Sewer Rate Adjustments; Adopted Resolution No. 2024-18 revising the City’s Water Commodity Rates; Resolution No. 2024-19 Adopting Sewer Service User Charges; and Resolution No. 2024-20 adopting water meter rates including capital surcharge and private fire line services Alvin Papa, Deputy Director of Public Works and Manager of the Utilities Division, presented a PowerPoint communication titled Water & Sewer Rate Adjustment with slides entitled Purpose and Need; Water Master Plan and CIP; Sewer Master Plan and CIP; Water & Sewer Rate Studies; Reserve Targets for FY 2024; Sample Well Failure Impacts; How did we get here?; Factors Driving Adjustments; Community Benefits; Legal Framework for Setting Rates; Public Outreach and Process; Water Rate Components; 5-Year Water Meter Fee; 5-Year Water Capital Charge; 5-Year Commodity Rate; 5-Year Private Fire Service Charge -5-Year Water Rate Impact ($); Status Quo vs. Proposed: Water; SFR Water Rate Comparison; 5-Year Sewer Rate; 5-Year Sewer Rate Impact ($); Status Quo vs. Proposed: Sewer; SFR Wastewater Rate Comparison; Sample Average SFR Bill (2); Recommended Action; and Questions? Deputy Director Pappas introduced City Consultants Steve Gagnon from Raftelis Consulting and Anthony Elowsky from Robert D. Neihaus Consulting (RDN) who were available to answer questions. Mayor Van Der Mark opened the Public Hearing and asked if there were any protests to the proposed increases. City Clerk Robin Estanislau announced that at this time the City Council would hear and consider all protests against the proposed increases and adjustments to the City’s water and wastewater (sewer) 76 Council/PFA Regular Minutes April 19, 2024 Page 12 of 15 rates. All written protests must have been received by the start of this public hearing and may be withdrawn in writing at any time before the conclusion of this public hearing. A new protest may be made orally at this public hearing. If a property owner is making an oral protest, and has not already filed a written protest, they were asked to please state clearly their name and address. Pursuant to the Brown "Open Meetings" Act, City Clerk Robin Estanislau announced supplemental communications that were received by her office for this Public Hearing following distribution of the Council Agenda packet which were all uploaded to the City's website and Councilmember iPads: (10 e-mail communications; and 146 protest letters) (03:03:30) City Clerk Estanislau announced that if less than a majority of property owners file a protest, the City Council can approve the proposed water and sewer rate adjustments. If a majority of affected property owners, 50% plus 1, protest the increase before the conclusion of the required Public Hearing, the City is not allowed to approve the proposed water and wastewater (sewer) rate adjustments. City Clerk Estanislau announced a total of 727 written protests were received, which is 1.4%, of the 52,027 affected property owners. City Attorney Michael Gates reminded everyone that during a public hearing on a specific topic, public comments must be topic specific. Public Hearing Public Speakers (3-minute Time Limit) — 7 Speakers Roger Noor, 16592 Bordeaux Lane, Huntington Beach, CA 92649, was called to speak and stated his request to delay this item to allow for further consideration on how the City's sludge water is used to create an "eco-friendly" product, which contains all of the sewage pollutants, which is then sold for people to spread on their soil. (03:05:13) Jeanine Studer, 4151 Brantford Drive, Huntington Beach, CA 92649, was called to speak and stated her opposition to the proposed increase in water and sewer rates. (03:07:23) Denah Hoard, a 25+-year Huntington Beach resident, was called to speak and stated her opposition to the proposed rates, because no one has clearly defined whether these rates are a fee or a tax, the Fee Study did not clearly identify the capital improvement projects to be included in the next five years, and her confusion over what the line item "General Fund Transfer" amount will be used for. (03:07:43) Cathey Ryder was called to speak and stated her support for the proposed rate increases as she believes it is necessary to ensure safe water and good sewage systems. (03:11:14) Greg Wood, a life-long resident, was called to speak and suggested the variable rate should be applied to the amount of water actually used rather than to the basic flat-rate fee. (03:12:38) Mark Tonkovich was called to speak and stated his opposition to the proposed rates, especially considering that in five years the sewage rate will be doubled. He stated he understands the work has to be done and suggested projects be scaled back. (03:15:13) Bethany Webb, 45-year Huntington Beach resident and homeowner, was called to speak and stated her support for the proposed rate increases as there is nothing more important than clean and safe water. (03:16:17) 77 Council/PFA Regular Minutes April 19, 2024 Page 13 of 15 Richard Baily, 20-year Huntington Beach resident and Infrastructure Score Card Community Communications Team Volunteer, was called to speak and stated his support for the proposed rate increases. He stated if the infrastructure issues are not addressed through preventive measure, it will cost more in the long run to repair broken systems. He asked that Councilmembers ensure that 1) Public Works has the funding to execute these two projects efficiently and effectively, and 2) that the approved Master Plans be readily available to the public. (03:17:29) Mayor Van Der Mark stated this was the time for any businesses or residents who would like to revoke a protest to do so. No one stepped forward. Mayor Van Der Mark closed the Public Hearing and called for Council discussion. Mayor Van Der Mark and Deputy Director Papa discussed the protester concerns regarding the financial burden this action will create and potential options for reducing the financial impact. Deputy Director Papa presented a slide to demonstrate a reduced Capital Improvement Project (CIP) scenario and described the flexibility of certain CIP project costs. He also noted cost increases that the City has no control over such as purchase of water, as well as natural gas and electricity needed to operate the pump stations. Another staff analysis of the planned CIPs resulted in about a one-quarter (25%) reduction in projects over the next five years, which reduces the projected cost of $40 to $30. Deputy Director Papa explained while this option comes with risks, staff will be diligent to monitor conditions and are prepared to make adjustments and repairs to extend equipment life. Councilmember Burns and Deputy Director Papa discussed how this proposed reduction would impact reserves and noted that if equipment suddenly failed reserves would be needed for the repair. Councilmember Moser and Deputy Director Papa discussed the process that would be followed if there was unexpected equipment failure which depleted reserves. Councilmember McKeon and Deputy Director Papa discussed how to ensure that General Fund monies are not used for water and sewer costs and noted that the yearly budget, which is available for public review, shows funding sources for every project. In addition, the financial impact section for proposed projects always shows where funding comes from. Discussion continued to address the fact that water costs are increasing, despite reduced water use and conservation, due to water supply resource costs from the Metropolitan Water District, Municipal Water District, and Orange County Water District. Councilmember McKeon asked to see a list of the CIPs from 2019 with indication of whether or not they had been completed and Deputy Director Papa did not have that information readily available. There was discussion of the reduced list of CIPs for the current five-year cycle. Assistant City Manager Travis Hopkins noted that the money allocated for CIPs that are not actually completed stays within a separate water revenue fund. He also confirmed that all water and sewer projects are separate categories which are shown in the annual budget under Capital Improvement Projects category, and the Master Plans will be posted online with the water and sewer rate studies. (03:28:54) Discussion continued regarding the typical life span for a water well and sewer lift station is 50 years, and it is the mechanical parts that usually begin to fail. Deputy Director Papa stated that sewer lift station design requirements can change which could require modifications or upgrades during a 50-year cycle. Deputy Director Papa confirmed there are daily inspections as well as weekly, monthly, and annual maintenance procedures for sewer and water systems equipment. Currently, a sewer lift station needs to be replaced every couple of years. 78 Council/PFA Regular Minutes April 19, 2024 Page 14 of 15 Councilmember McKeon and Deputy Director Papa discussed options and challenges for potential increased water pumping from the aquafer under Huntington Beach. Councilmember McKeon confirmed with Assistant City Manager Hopkins that if the water and sewer reserve fund increased to the ideal level during the five-year cycle, a lower rate adjustment could be approved by Council before the end of the five-year cycle. Councilmember McKeon noted that fixing a water or sewer system failure costs three times as much as routine repair, maintenance, and replacement costs. Deputy Director Papa explained the procedure of preventive or proactive maintenance is being used to mitigate the potential for failure. He added the future will most likely use artificial intelligence for predictive maintenance and it will take money to implement that option. Councilmember Bolton and Deputy Director Papa discussed various resources and options for citizens who may be on a fixed income or find themselves unable to pay a utility bill. Councilmember Kalmick confirmed with Deputy Director Papa the voters approved a five percent (5%) utility tax which applies to the water bill, but not the sewer bill. Councilmember Kalmick also noted that the property tax line items for Orange County Water District (OCWD) and Orange County Sanitation District (OC San) are retained by them for their own capital infrastructure systems; that planned utility increases during COVID-19 were suspended; the City's electric costs will increase by three percent (3%) when the Orange County Power Authority (OCPA) is no longer the supplier; if reserve funds become depleted the only option would be to use General Fund monies; general services required by the water and sewer division which are provided by the City such as accounting, human resources, risk management or personnel; and the potential for possibly considering a bond. Councilmember McKeon confirmed with Deputy Director Papa that approximately forty percent (40%) of the proposed cost increases are straight pass-throughs related to the wholesale costs from the Orange County and Metropolitan Water Districts. Councilmember Moser and Deputy Director Papa discussed the lengthy and involved Infrastructure Report Card process, including the financial impacts, review by appropriate consultants, and expectation of a report this summer. Deputy Director Papa confirmed that any future artificial intelligence software considerations would include other City departments that may be able to also benefit from and share in the implementation costs. They continued the discussion on steps necessary to increase the allowed percentage of groundwater pumping, such as new wells; CIP projects to be deferred if the "reduced" option was implemented; potential impacts of deferring projects; and ultimate objective to ensure sustainability and stability for these public health and safety systems through innovative solutions. Councilmember Burns stated he would rather be proactive than reactive and spending now will prevent a lot of costly problems in the future. He noted that if the City is forced to build a lot of new housing, it’s likely the current water and sewer issues will increase. He acknowledged there are fixed costs regardless of reduced consumption which affects the City as well as the wholesale service providers, and stated he supports providing a secure service future rather than reducing current costs in the hope nothing catastrophic will result. Councilmember Strickland stated his support for the twenty-five percent (25%) reduced proposal considering the inflated costs for all of the other basic services people require. 79 Council/PFA Regular Minutes April 19, 2024 Page 15 of 15 Mayor Van Der Mark stated her support for the twenty-five percent (25%) reduced proposal and commended staff for listening and responding to residents' concerns. Assistant City Manager Hopkins confirmed that the Master Plans will be available on the website for public access. Councilmember Bolton stated that without including a more definitive plan for protecting low-income residents on a fixed budget, she cannot support even the reduced cost proposal. Councilmember Kalmick confirmed with Deputy Director Papa that Council's decision tonight is not set in stone for the next five years, but Council could come back in three years and initiate the process to make cost adjustments if necessary. City Clerk Robin Estanislau announced, as advised by City Attorney Michael Gates, that including a rate adjustment will require a super majority (5 affirmative votes) to pass. A motion was made by Van Der Mark, second McKeon to adopt Resolution No. 2024-18 "A Resolution of the City Council of the City of Huntington Beach Readopting and Revising the City's Water Commodity Rates"; adopt Resolution No. 2024-20 "A Resolution of the City Council of the City of Huntington Beach Adopting Water Meter Rates, Including a Capital Surcharge, and Private Fire Line Service pursuant to Section 14.12.040 of the Huntington Beach Municipal Code"; and, adopt Resolution No. 2024-19 "A Resolution of the City Council of the City of Huntington Beach Adopting Sewer Service User Charges, Pursuant to Section 14.54.040 of the Huntington Beach Municipal Code" as amended to use Reduced CIP Scope of 25%. The motion as amended carried by the following roll call vote: AYES: Moser, Van Der Mark, Strickland, McKeon, and Kalmick NOES: Bolton, and Burns ADJOURNMENT — At 10:26 PM a motion by Burns with a second by Strickland to adjourn to the next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority on Tuesday, May 7, 2024, in the Civic Center Council Chambers, 2000 Main Street, Huntington Beach, California. INTERNET ACCESS TO CITY COUNCIL/PUBLIC FINANCING AUTHORITY AGENDA AND STAFF REPORT MATERIAL IS AVAILABLE PRIOR TO CITY COUNCIL MEETINGS AT http://www.huntingtonbeachca.gov _______________________________________ City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach and Secretary of the Public Financing Authority of the City of Huntington Beach, California ATTEST: ______________________________________ City Clerk-Secretary ______________________________________ Mayor-Chair 80 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:24-323 MEETING DATE:5/7/2024 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Robin Estanislau, CMC, City Clerk VIA:Robin Estanislau, CMC, City Clerk Subject: Monthly Update of Activities for Citizen Boards, Commissions, Committees (BCCs) and Regional Agencies - April 2024 Statement of Issue: A monthly reporting structure has been implemented to keep the City Council, City staff and members of the public informed of activities conducted by citizen boards, commissions, committees, and Council committees, including community groups/independent City-affiliated boards and other community, regional or state level committees. Financial Impact: None. Recommended Action: Receive and File. Alternative Action(s): Not applicable. Analysis: The City operates a number of Citizen and Council-led Boards, Commissions and Committees (BCCs) with City Council representatives participating in several Regional Agency meetings to discuss important City topics ranging from infrastructure to development. To ensure that our community is able to stay informed of each BCC’s major discussions and votes, in addition to promoting the highest level of transparency, staff has prepared a high-level report of their activities for the prior month. Furthermore, this high-level report was developed in response to direction received at the December 20, 2022 City Council Meeting to find a manageable way to publicly present a brief written report on all BCC and Regional Agency meeting activities. To obtain greater details, individuals are directed to the meeting minutes, which are linked in the Activity Report. The City Clerk gathers these updates from an internal spreadsheet that is completed by BCC staff liaisons and compiles them into the attached Activity Report that will be routinely agendized for the City of Huntington Beach Printed on 5/1/2024Page 1 of 2 powered by Legistar™81 File #:24-323 MEETING DATE:5/7/2024 first regular Council meeting of each month under “Consent” as an informational item only. Council action is not required. Environmental Status: Not applicable. Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1. Monthly BCC / Regional Agency Activity Report for April 2024 City of Huntington Beach Printed on 5/1/2024Page 2 of 2 powered by Legistar™82 1 APRIL 2024 ACTIVITY REPORT FOR REGIONAL AGENCIES AND CITY BOARDS, COMMITTEES, AND COMMISSIONS (BCC) April 1-5, 2024 Updates / Actions Zoning Administrator 1st & 3rd Wed., Monthly, 1:30 PM City Hall Council Chambers Department: Community Development Meeting Date: 4/3/24 Summary of Action or Discussion: Cancelled due to lack of business. Independence Day Board 1st Wed. Monthly, 6:00 p.m. City Hall Lower Level B-8 Department: Community & Library Services Meeting Date: 4/3/24 Link to Meeting Details Summary of Action or Discussion: PSQ Productions provided a draft sponsorship deck for Board review. Finalized copies will be provided to Board members for distribution by early next week. PSQ also provided an update on the timeline for event execution. Staff Liaison Molly Uemura provided an update to Board Members on their request to create a non - profit Foundation, which was confirmed not allowable as a Brown-Act Board by City Attorney's Office. Committee updates from Home Decorating Contest and Parade VIPs. Both committees are working diligently towards the 2024 Celebration. April 8-12, 2024 Updates / Actions Planning Commission 2nd & 4th Tues., Monthly, 6:00 PM City Hall Council Chambers Department: Community Development Meeting Date: 4/9/24 Summary of Action or Discussion: Cancelled due to lack of business. Sunset Beach Local Coastal Program Review Board 2nd Tues., Monthly 7:30 PM Nobles Family Comm. Ctr. Department: Community Development Meeting Date: 4/9/24 Summary of Action or Discussion: Cancelled due to lack of business. 83 I I 2 APRIL 2024 ACTIVITY REPORT FOR REGIONAL AGENCIES AND CITY BOARDS, COMMITTEES, AND COMMISSIONS (BCC) Economic Development Committee 2nd Wed., Every Other Month, 3:30 p.m., City Hall Lower Level, B-8 Department: Community Development Meeting Date: 4/10/24 Summary of Action or Discussion: Cancelled due to lack of business. Community & Library Services Commission 2nd Wed., Monthly 6:00 PM City Hall Council Chambers Department: Community & Library Services Meeting Date: 4/10/24 Link to Meeting Details Summary of Action or Discussion: The Commission conducted a Study Session, providing a Summary of City Council actions related to the Huntington Beach Public Library. Item a) Resolution 2023-41 an Ordinance No. 4318- Community Parent-Guardian Review Board; and b) Authorization to Issue a Request for Proposal for Managed Library Services. Prior to the meeting 79 supplemental communications were received with 44 against the implementation of a Parent/Guardian Review Board, and 10 in favor; 66 were against the Privatization RFP process, while 5 were in favor; 2 comments were undecided or opinion was unclear. At the meeting there were 33 public speakers with 29 who spoke in opposition to the changes within the Library System, and 2 spoke in support of the proposed changes. 1 resident spoke regarding the height of the new play equipment at Seely Park, and 1 spoke in opposition to Measure C update. Commissioners and staff had in-depth discussion on the topic with the Commissioners having many questions; Additionally, minutes from February 7 were approved; Dan Falts, new Sr. Supervisor of Cultural Arts at the HB Art Center was introduced and provided a presentation on the upcoming exhibition; CIP projects reported on included Trinidad Park, which the playground equipment should be completed by April 19, the Seely Park playground reopening, and Giesler Park should reopen by the end of April. A brief report was given on Section 612 (Measure C) Community meetings, with the first one held on March 18 with 46 people in attendance. The next one is scheduled for May 29. There is currently an active survey 84 I I 3 APRIL 2024 ACTIVITY REPORT FOR REGIONAL AGENCIES AND CITY BOARDS, COMMITTEES, AND COMMISSIONS (BCC) taking place and posters around town with a QR code. The Calendar of Events included Edison Parks 50th Jubilee celebration in April, and the 100-year Jubilee celebration of the Log Cabin in Lake park. Troop 1 will hold a pancake breakfast and fundraiser for building repairs on April 20, 10 am to 1 pm. Other items included gardening in May with activities at Shipley Nature Center, and the big Jubilee event held June 15 at the Senior Center in Central Park for the 50th Jubilee of Huntington Central Park. Chair Edsell announced 40 locations across the city would be active for Volunteer Day. Design Review Board (DRB) 2nd Thurs. Monthly, 3:30 p.m., City Hall Lower Level, B-8 Department: Community Development Meeting Date: 4/11/24 Summary of Action or Discussion: Cancelled due to special meeting on 4/15/24 April 15-19, 2024 Updates / Actions Design Review Board (DRB) 2nd Thurs. Monthly, 3:30 p.m., City Hall Lower Level, B-8 Department: Community Development Meeting Date: 4/15/24 Link to Meeting Details Summary of Action or Discussion: DESIGN REVIEW NO. 23- 007 (121 6TH STREET LIVE/WORK): was continued at the DRB‘s request for modifications to the front facade materials and colors . DESIGN REVIEW NO. 2024-004 (405 PCH ZACK’S OUTDOOR DINING, ALCOHOL SALES, OUTDOOR DISPLAY, STORAGE, LEMONADE STAND, SIGNS, MURAL): was continued at the DRB‘s request for further detail on the signage and what it would look like, as well as detail on pairing the building to be more compatible with the proposed outdoor dining enclosure. DESIGN REVIEW NO. 2024-003 (21579 PCH ZACK’S TOO OUTDOOR DINING AND ALCOHOL SALES): was continued at the DRB‘s request for staff to bring back information regarding constructing a new building in the future and if that 85 I I 4 APRIL 2024 ACTIVITY REPORT FOR REGIONAL AGENCIES AND CITY BOARDS, COMMITTEES, AND COMMISSIONS (BCC) is feasible within the budget to do so. As well as for staff to bring back further detail on the signage showing what it would look like. Zoning Administrator 1st & 3rd Wed., Monthly, 1:30 PM City Hall Council Chambers Department: Community Development Meeting Date: 4/17/24 Link to Meeting Details Summary of Action or Discussion: The Zoning Administrator approved the following items with findings and conditions- EPA 24-001 (RIIP Beer); CUP 24-004 (Fazeli Veterinary); and CDP 23-010 (Loreto Residence). Intergovernmental Relations Committee 3rd Wed., Monthly, 4:00 p.m. Department: City Manager's Office Meeting Date: 4/17/24 Link to Meeting Details Summary of Action or Discussion: Federal lobbyist, TJ Stapleton discussed last minute legislation and funding for war efforts. State lobbyist, Louie Brown discussed the legislative process for the beginning of this calendar. Many bills are now making it out of their house of origin. Additionally, the Governor has signed an early action list which cuts about $17B from the deficit. In May there will be a revision when tax refund revenues are presented. IRC discussed May bills and took action on select legislation. HOUSING AB 1886- Housing Element Law: substantial compliance: Housing Accountability Act. Action to OPPOSE. AB 2361 Planning and zoning: regional housing needs: exchange of allocation: Counties of Orange and San Diego. Bill canceled at author's request. AB 2560 Density Bonus Law: California Coastal Act of 1976. WATCH. SB 450 Housing development: approvals. OPPOSE. SB 1037 Planning and zoning: Housing element: enforcement. OPPOSE. SB 1211 Land use: accessory dwelling units: ministerial approval. OPPOSE. 86 I I 5 APRIL 2024 ACTIVITY REPORT FOR REGIONAL AGENCIES AND CITY BOARDS, COMMITTEES, AND COMMISSIONS (BCC) SOBER LIVING AB2081 Substance abuse: recovery and treatment programs. SUPPORT. AB 2574 Alcoholism or drug abuse recovery or treatment facilities. SUPPORT. MISCELLANEOUS AB 1825 California Freedom to Read Act. OPPOSE. AB 3024 Civil Rights. WATCH. SB 1102 Personal Income Tax Law: Corporation Tax Law: oil spill: exclusions. SUPPORT. SB 1214 California Commission on the United States Semi quincentennial. SUPPORT. The next scheduled IRC meeting is Wednesday May 15, 2024 at 4pm. Historic Resources Board 3rd Wed. Monthly, 5:00 PM City Hall Lower Level, B-7 Department: Community & Library Services Meeting Date: 4/17/24 Link to Meeting Details Summar of Action or Discussion: This meeting was attended by Mayor Van Der Mark and Mayor Pro Tem Burns. The Board was informed on the upcoming Anniversary Celebrations. They asked Mr. Cole to research if they can have an information booth at the 100th Anniversary Celebration of the Paxson Log Cabin in Lake Park. The Board elected Mr. Duane Wentworth as HRB Chair. Mr. Hanson shared the Southern California Landmark Project, a project to create and publish a Photo book of Southern California Landmarks. The owner of 220 5th Street, requested assistance with historic information regarding the property and advise on plaques. She was directed to the HRB website to request plaque language, and the Board will start researching the property and collecting historic photographs of the building. Citizen Infrastructure Advisory Board / Public Works Commission 3rd Wed., Monthly5:00 PM Meeting Date: 4/17/24 Link to Meeting Details 87 I I 6 APRIL 2024 ACTIVITY REPORT FOR REGIONAL AGENCIES AND CITY BOARDS, COMMITTEES, AND COMMISSIONS (BCC) Utilities Yard Department: Public Works Summary of Action or Discussion: The Commission approved the March 20, 2024 Minutes. Staff presented an update on current and future Capital Improvement Projects. Staff presented one Informational Item, the draft Mobility Plan. Staff presented one Administrative Item, the Infrastructure Fund Annual Report for Fiscal Year 2022/23 The vote to recommend to City Council approval of the Administrative Item passed 6-0-1 with Commissioner Rivas absent. Personnel Commission 3rd Wed., Quarterly, (January, April, July, October), 5:30 p.m. City Hall Lower Level B-8 Department: HR Meeting Date: 4/17/24 Link to Meeting Details Summary of Action or Discussion: Approved revisions to Job Class Specification of Public Works Maintenance Crew Leader. Approved new Job Class Specifications of Capital Projects Supervisor, Real Time Crime Center Specialist and Real Time Crime Center Supervisor. April 22-26, 2024 Updates / Actions Communications Committee 4th Tues., Monthly 3:30 p.m., City Hall, 4th Floor Department: City Manager's Office Meeting Date: 4/23/24 Link to Meeting Details Summary of Action or Discussion: Discussed launch & feedback of new website. Discussed stats for social media, reviewed upcoming May events and HBTV programming Planning Commission 2nd & 4th Tues., Monthly, 6:00 PM City Hall Council Chambers Department: Community Development Meeting Date: 4/23/24 Link to Meeting Details Summary of Action or Discussion: ZONING MAP AMENDMENT NO. 24-001/LOCAL COASTAL PROGRAM AMENDMENT NO. 24-001 (MAPPING CONSISTENCY CLEAN-UP PROJECT – COASTAL ZONE) – Approved (5-0) Finance Commission Every 4th Wednesday, Monthly, 5:00 p.m. Council Chambers Meeting Date: 4/24/24 Link to Meeting Details 88 I I 7 APRIL 2024 ACTIVITY REPORT FOR REGIONAL AGENCIES AND CITY BOARDS, COMMITTEES, AND COMMISSIONS (BCC) Department: Finance Summary of Action or Discussion: The Commission voted to approve the March 27, 2024 minutes. Alvin Papa, Deputy Director of Public Works gave a presentation on Water Usage and Sewer Rates. Commissioner Cicerone provided an update on his meeting with the Interim City Manager and Assistant City Manager regarding the Vacancy Report Request. Chair Hamilton discussed the Orange County Register article on JPA Possessory Interest Tax. Commissioner Cicerone informed the Commission that the Revenue Enhancement Ad Hoc Committee would be meeting with the Interim City Manager in June 2024. Economic Development Committee Special Meeting, 3:30 p.m. City Hall Lower Level, B-8 Department: Community Development Meeting Date: 4/24/24 Link to Meeting Details Summary of Action or Discussion: The Committee was informed of the following topics and conducted open discussion in response to individual questions and requests for additional information: 1) Modification of the Management District Plan for the HB Tourism Business Improvement District, 2) the updated Economic Development Strategy, and 3) recent business activity. Investment Advisory Board 3rd Thur. Quarterly, (January, April, July, October), 5:00 p.m. Department: City Treasurer Meeting Date: 4/25/24 Link to Meeting Details Summary of Action or Discussion: The Investment Advisory Board discussed the drafted City of Huntington Beach Quarterly Investment Report as of March 31, 2024 Harbour Commission 4th Thurs. Monthly, 5:00 p.m., City Hall Lower Level, B-8 Department: Fire Meeting Date: 4/25/24 Link to Meeting Details Summary of Action or Discussion: The Commission received reports from the Vessels and Watercraft, Water Quality, Policy and Infrastructure Ad Hoc Committees. Fire Chief Haberle reported on the status of previous Commission’s recommendations related to paddleboard, kayak and Duffy boat rentals on public beaches and docks and a comprehensive plan for improving water quality in 89 I I 8 APRIL 2024 ACTIVITY REPORT FOR REGIONAL AGENCIES AND CITY BOARDS, COMMITTEES, AND COMMISSIONS (BCC) Huntington Harbour. The recommendation regarding the use of public beaches and docks is being evaluated by the City Attorney’s Office and a presentation will be provided on the proposed water quality plan at the May 23, 2024 meeting. 90 I I 9 APRIL 2024 ACTIVITY REPORT FOR REGIONAL AGENCIES AND CITY BOARDS, COMMITTEES, AND COMMISSIONS (BCC) Community & Regional Agencies - Updates Website Association of California Cities (ACCOC) Strickland https://www.accoc.org/ ACCOC Legislative - Regulatory Committee Bolton https://www.accoc.org/legislative-regulatory California Coastal Coalition (CalCoast) Board 2-3 meetings/year, various places www.calcoast.org City Selection Committee (held w/League of Cities OC Division meeting) https://cob.ocgov.com/boards-commissions- committees/city-selection-committee Huntington Beach Chamber of Commerce Government Affairs Committee Quarterly, meeting time varies. Golden West College, 15744 Golden West St. Admin Bldg. 4-Room137 https://hbchamber.com/advocacy League of California Cities - OC Executive Board https://www.calcities.org/get- involved/regional-divisions/orange-county- division 91 I I 10 APRIL 2024 ACTIVITY REPORT FOR REGIONAL AGENCIES AND CITY BOARDS, COMMITTEES, AND COMMISSIONS (BCC) League of California Cities - Environmental Quality Committee https://www.calcities.org/advocacy/policy- areas-and-committees/environmental-quality O.C. Council of Governments (OCCOG) 4th Thurs., Monthly, 10:30 AM Irvine City Hall City Council Chambers 1 Civic Center Plaza, Irvine https://www.occog.com/ O.C. Housing Finance Trust Fund https://ochft.org/ O.C. Mosquito and Vector Control District https://www.ocvector.org/board-meetings O.C Emergency Medical Care Committee https://ochealthinfo.com/providers- partners/emergency-medical- services/committees-groups/emergency- medical-care-committee 92 I I 11 APRIL 2024 ACTIVITY REPORT FOR REGIONAL AGENCIES AND CITY BOARDS, COMMITTEES, AND COMMISSIONS (BCC) O.C. Sanitation District (OCSD) Board of Directors (Plus Committee assigned by Chair) 4th Wed of every month, 6:00 PM, Virtual Meeting via Zoom / OCSD Administrative Office 10844 Ellis Ave., Fountain Valley, CA https://www.ocsan.gov/about-us/board-of- directors Orange County Power Authority (OCPA) Term: Four (4) years 2nd Tues, 10 AM, Monthly Virtual Meeting via Zoom https://www.ocpower.org/ OCTA Citizen Advisory Committee https://www.octa.net/about/about- octa/public-committees/citizens-advisory- committee/overview/ Santa Ana River Flood Protection Agency (SARFPA) Executive Committee Meetings: 4th Thurs, 4:00 PM, January, March, May, July, September Via Zoom Full Agency Meetings: June, November https://ocip.ocpublicworks.com/service- areas/oc-infrastructure-programs/santa- ana-river-project/santa-ana-river-flood- protection-0 Southern California Association of Governments (SCAG) Regional Council District 64 Delegate* 1st Thurs of every month, 9:00 AM – 2:00 PM Virtual Meeting / SCAG Office, Downtown L.A. https://scag.ca.gov/ 93 I I 12 APRIL 2024 ACTIVITY REPORT FOR REGIONAL AGENCIES AND CITY BOARDS, COMMITTEES, AND COMMISSIONS (BCC) SCAG - Emerging Technology Committee https://scag.ca.gov/emerging-technologies- committee Visit Huntington Beach Advocacy Committee Monthly, usually Tuesday at 3:30 PM but varies. Virtual Meeting via Zoom / VHB Office, 155 Fifth Street, Suite 111, Huntington Beach https://www.surfcityusa.com/about- us/transparency-accountability/ 94 I I City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:24-310 MEETING DATE:5/7/2024 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Eric G. Parra, Interim City Manager VIA:Travis K. Hopkins, Assistant City Manager PREPARED BY:Shannon Levin, Council Policy Analyst Subject: Consider positions on legislation pending before the State Legislature, as recommended by the Intergovernmental Relations Committee (IRC) Statement of Issue: On April 17, 2024, the Intergovernmental Relations Committee (IRC), comprised of Mayor Gracey Van Der Mark and Mayor Pro Tem Burns (with Council Member Tony Strickland absent), discussed legislative items with relevance to Huntington Beach. Following discussion, the IRC chose to take positions on various State bills, which are presented to the City Council for consideration. Financial Impact: Not applicable. Recommended Action: Approve the legislative positions taken by IRC on April 17, 2024: A) OPPOSE AB 1886 (Alvarez). Housing Element law: substantial compliance: Housing Accountability Act. B) OPPOSE SB 450 (Atkins) Housing development: approvals C) OPPOSE SB 1037 (Wiener) Planning and zoning: housing element: enforcement D) OPPOSE SB 1211 (Skinner) Land use: accessory dwelling units: ministerial approval E) SUPPORT AB 2081 (Davies) Substance abuse: recovery and treatment programs. F) SUPPORT SB 1102 (Nguyen) Personal income tax law: corporation tax law: oil spill: exclusion G) SUPPORT SB 1214 California Commission on the Unites States Semiquincentennial City of Huntington Beach Printed on 5/1/2024Page 1 of 6 powered by Legistar™95 File #:24-310 MEETING DATE:5/7/2024 Alternative Action(s): Do not approve the recommended action(s), and direct staff accordingly. Analysis: 1. AB 1886 (Alvarez) Housing Element Law: substantial compliance: Housing Accountability Act. Summary The Planning and Zoning Law requires a city or county to adopt a general plan for land use development within its boundaries that includes, among other things, a housing element. Current law, commonly referred to as the Housing Element Law, prescribes requirements for a city’s or county’s preparation of, and compliance with, its housing element, and requires the Department of Housing and Community Development to review and determine whether the housing element substantially complies with the Housing Element Law, as specified. If the department finds that a draft housing element or amendment does not substantially comply with the Housing Element Law, current law requires the legislative body of the city or county to either (A) change the draft element or amendment to substantially comply with the Housing Element Law or (B) adopt the draft housing element or amendment without changes and make specified findings as to why the draft element or amendment substantially complies with the Housing Element Law despite the findings of the department. Current law requires a planning agency to promptly submit an adopted housing element or amendment to the department and requires the department to review the adopted housing element or amendment and report its findings to the planning agency within 60 days. This bill would require a planning agency,which makes the above-described findings as to why a draft housing element or amendment substantially complies with the Housing Element Law despite the findings of the department,to submit those findings to the department. The bill would require the department to review those finding in its review of an adopted housing element or amendment. Recommended legislative position: OPPOSE Cities go to great lengths to ensure that their housing element substantially complies with the law, even if HCD disagrees. Current law acknowledges this fact by allowing cities to “self-certify” their housing element or take the issue to court and have a judge make the final determination of substantial compliance. AB 1886 encourages “builder’s remedy” projects by eliminating self-certification for the purpose of what it means to have a housing element “in substantial compliance with the law.” The “builder’s remedy” allows a developer to choose any site other than a site that is identified for very low-, low-, or moderate-income housing, and construct a project that is inconsistent with both the city’s general plan and zoning. AB 1886 facilitates such projects for those cities that have a good faith disagreement based in substantial evidence. 2. SB 450 (Atkins) Housing development: approvals Summary Current law requires a proposed housing development containing no more than 2 residential units within a single-family residential zone to be considered ministerially, without discretionary review or hearing, if the proposed housing development meets certain requirements, including that the City of Huntington Beach Printed on 5/1/2024Page 2 of 6 powered by Legistar™96 File #:24-310 MEETING DATE:5/7/2024 hearing, if the proposed housing development meets certain requirements, including that the proposed housing development does not allow for the demolition of more than 25% of the existing exterior structural walls, except as provided. Current law authorizes a local agency to impose objective zoning standards, objective subdivision standards, and objective design standards on the proposed housing development. Current law authorizes a local agency to deny a proposed housing development if specified conditions are met, including that the building official makes a written finding that the proposed housing development project would have a specific, adverse impact upon public health and safety or the physical environment, as provided. This bill would remove the requirement that a proposed housing development does not allow for the demolition of more than 25% of the existing exterior structural walls to be considered ministerially. Recommended legislative position: OPPOSE The bill would prohibit a local agency from imposing objective zoning standards, objective subdivision standards, and objective design standards that do not apply uniformly to development within the underlying zone, but would specify that these provisions do not prohibit a local agency from adopting or imposing objective zoning standards, objective subdivision standards, and objective design standards on the development if the standards are more permissive than applicable standards within the underlying zone. SB 450 bill would remove the authorization for a local agency to deny a proposed housing development if the building official makes a written finding that the proposed housing development project would have a specific, adverse impact upon the physical environment. The measure would require the City to consider and approve or deny the proposed housing development application within 60 days from the date the agency receives the completed application and would deem the application approved after that time. 3. SB 1037 (Wiener) Planning and zoning: housing element: enforcement Summary The Planning and Zoning Law requires a city or county to adopt a general plan for land use development within its boundaries that includes, among other things, a housing element. The Planning and Zoning Law requires the Department of Housing and Community Development (HCD) to determine whether the housing element is in substantial compliance with specified provisions of that law. The Planning and Zoning Law requires HCD to notify a city, county, or city and county, and authorizes HCD to notify the office of the Attorney General, that the city, county, or city and county is in violation of state law if the local government has acted in violation of specified provisions of law. The Planning and Zoning Law also requires, among other things, that an application for a housing development be subject to a specified streamlined, ministerial approval process if the development satisfies certain objective planning standards. This bill, in any action brought by the Attorney General, on behalf of HCD or in an independent capacity, to enforce the adoption of housing element revisions, as specified, or to enforce any state law that requires a city, county, or local agency to ministerially approve any land use decision or permitting application for a housing development project, as specified, would subject the city, county, or local agency to specified remedies, including a civil penalty of, at minimum, $10,000 per month, and not exceeding $50,000 per month, for each City of Huntington Beach Printed on 5/1/2024Page 3 of 6 powered by Legistar™97 File #:24-310 MEETING DATE:5/7/2024 civil penalty of, at minimum, $10,000 per month, and not exceeding $50,000 per month, for each violation, as specified. Recommended legislative position: OPPOSE Measure SB 1037 would allow the Attorney General to take legal action against a city and seek fines up to $50K a month for failure to adopt a compliant housing element or if the city does not follow state laws that require ministerial approval of certain housing projects. Under existing law cities can be subject to significant fines and penalties for violating certain housing laws. However, before fines are imposed, a city has the ability to correct the action. Additionally, enhanced fines are not imposed unless the city fails to follow a court’s order or acts in bad faith. Unfortunately, as currently drafted, SB 1037 does not provide an opportunity for cities to correct an honest mistake or address a genuine difference in interpreting the law. Even those jurisdictions acting in good faith could be subject to significant fines and be required to pay the Attorney General for all costs investigating and prosecuting the action, including expert witness fees and attorney’s fees. Instead of creating new fines and penalties, lawmakers and the Department of Housing and Community Development should provide cities with clear guidance and technical assistance to help them finalize their housing elements and put those plans to work so much-needed housing construction can occur. 4. SB 1211 (Skinner) Land use: accessory dwelling units: ministerial approval Summary This bill, in connection with the ministerial approval of a building permit for an accessory dwelling unit, would additionally prohibit a local agency from requiring the replacement of parking spaces when a carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction of or conversion to an accessory dwelling unit. Recommended legislative position: OPPOSE Senate Bill 1211 requires the ministerial approval of additional accessory dwelling units (ADU’s) on the lot of an existing multifamily dwelling. Specifically, a city or county must approve at least one ADU, and up to 25 percent of the total number of units contained in the existing multifamily dwelling, in any configuration of detached or converted unused space. The bill provides these units are in addition to the two detached ADU’s that are authorized under existing law to be constructed on a lot with a proposed or existing multifamily dwelling. SB 1211 also prohibits local governments from requiring replacement of uncovered parking spaces that are demolished to allow for the construction of an ADU, in addition to the prohibitions on requiring replacement of carports, garages, and covered parking spaces in existing law. 5. AB 2081 (Davies) Substance abuse: recovery and treatment programs. Summary Current law grants the State Department of Health Care Services the sole authority in state government to license adult alcoholism or drug abuse recovery or treatment facilities. The department is authorized to issue a license to specified types of facilities if certain criteria are met. The law requires licensees to report specified events and incidents to the department, including, among others, the death of a resident at a licensed facility; authorizes the department to investigate City of Huntington Beach Printed on 5/1/2024Page 4 of 6 powered by Legistar™98 File #:24-310 MEETING DATE:5/7/2024 allegations of violations of governing law and act upon a finding of a violation. This bill would require an operator of a licensed alcoholism or drug abuse recovery or treatment facility or certified alcohol or other drug program to include on its internet website and intake form paperwork a disclosure that an individual may check the internet website of the State Department of Health Care Services to confirm whether the facility’s license or program’s certification has been placed in probationary status, been subject to a temporary suspension order, been revoked, or the operator has been given a notice of operation in violation of law. Recommended legislative position: SUPPORT AB 2081 would require a higher standard of transparency and greater protections for individuals seeking alcoholism or substance use treatment. Specifically, AB 2081 would require the operator of a licensed recovery home to disclose to those seeking care that they can check the Department of Health Care Services website to confirm a facility’s compliance with state licensing laws. Residential recovery housing provides a wide range of benefits to some of California’s most vulnerable residents, and it is critical that their needs are prioritized over profits. Compliance with state licensing laws administered through the Department of Health Care Services is essential to safeguarding residents’ well-being and maintaining quality care. AB 2081 would ensure that those seeking treatment easily know what violations, if any, have occurred within a treatment facility and would hold providers accountable by making these violations easily accessible to the public. 6. SB 1102 (Nguyen) Personal Income Tax Law: Corporation Tax Law: oil spill: exclusion Summary This bill would provide an exclusion from gross income for any qualified amounts received in settlements associated with the October 2, 2021, oil spill that occurred off the coast of the County of Orange near the City of Huntington Beach. The bill would repeal these provisions on January 1, 2029. This bill would declare that it is to take effect immediately as an urgency statute. Recommended legislative position: SUPPORT Enacts Personal Income and Corporation Tax exclusions for any amount received by a qualified taxpayer in settlement for claims relating to the October 2, 2021, oil spill off the coast of the County of Orange near the City of Huntington Beach. 7. SB 1214 (Nguyen) California Commission on the United States Semiquincentennial Summary This bill would, until January 1, 2029, establish the California Commission on the United States Semiquincentennial in state government to celebrate the 250th anniversary of the signing of the Declaration of Independence and the founding of the United States of America. SB 1214 would require the commission to plan and coordinate commemorations and observances of the 250th anniversary of the Declaration of Independence and the American Revolution and be solely supported by private or federal funds made available for the purpose of supporting the commission. City of Huntington Beach Printed on 5/1/2024Page 5 of 6 powered by Legistar™99 File #:24-310 MEETING DATE:5/7/2024 Recommended legislative position: SUPPORT Author statement: According to the author’s office, “establishing an organization in California will allow communities and organizations across our state to play a leading role in this historic initiative, showcasing the unique contributions that California and its citizens have made to our nation's history and culture. The potential for increased tourism and revenue for local communities is high. In order for California to participate in the festivities, the first step is to establish California’s Commission on the United States Semiquincentennial. Once formed, the Commission can begin receiving or raising funds that will go towards programs and events. In addition to statewide observances, the Commission will be responsible for assisting local governments and civic organizations create and promote patriotic celebrations for the occasion.” As of April 19, 2024, 43 states and territories have announced Semiquincentennial entities. Watch List Additional legislative items were discussed and will be monitored as they are under significant review and/or amendments. ·AB 2560 (Alvarez/Wiener) Density Bonus Law: California Coastal Act of 1976 ·AB 2574 (Valencia) Alcoholism or drug abuse recovery or treatment facilities ·AB 1825 (Muratsuchi) California Freedom to Read Act ·AB 3024 (Ward) Civil Rights Environmental Status: This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Strategic Plan Goal: Non Applicable - Administrative Item For details, visit www.huntingtonbeachca.gov/strategicplan <http://www.huntingtonbeachca.gov/strategicplan>. Attachment(s): 1. AB 1886 Draft Position Letter and Legislative Text 2. SB 450 Draft Position Letter and Legislative Text 3. SB 1037 Draft Position Letter and Legislative Text 4. SB 1211 Draft Position Letter and Legislative Text 5. AB 2081 Draft Position Letter and Legislative Text 6. SB 1102 Draft Position Letter and Legislative Text 7. SB 1214 Draft Position Letter and Legislative Text City of Huntington Beach Printed on 5/1/2024Page 6 of 6 powered by Legistar™100 CITY OF HUNTINGTON BEACH 2000 MAIN STREET, HUNTINGTON BEACH, CALIFORNIA 92648-2702 GRACEY VAN DER MARK MAYOR 714.536.5553 May 8, 2024 The Honorable David Alvarez California State Assembly 1020 O Street, Rm 5320 Sacramento, CA 95829 Re: AB 1886 (Alvarez)—Oppose Dear Assemblymember Alvarez: On behalf of the City of Huntington Beach, I write in opposition to AB 1886, which would specify a housing element without amendments is only considered approved if the update is approved by the Department of Housing and Community Development (HCD) or by a court determination, among other things. Under current law, local governments have a statutory deadline to submit housing elements to HCD and HCD is required to respond on whether the draft complies with the law. If HCD determines it doesn’t comply with the standards, a discussion ensues, and local governments may resubmit their revised plans. AB 1886 makes a rebuttable presumption that HCDs determination is valid, regardless of if there are revisions unfounded. As an alternative to the process, in the instance that a local government submits their housing element without amendments to HCD, the process is called self-certification. AB 1886 eliminates the opportunity for self-certification regardless of whether HCD would concur with the submitted element. The only other recourse remaining in this bill would be for a local government to go to court to make such a determination, leading to an unnecessary commitment of resources, court and staff time. Finally, whether a housing element is determined to be updated and compliant or not have serious repercussions on local governments that jeopardizes the critical need for local land use planning. Sincerely, Gracey Van Der Mark Mayor Cc: Huntington Beach City Council 101 AMENDED IN ASSEMBLY APRIL 15, 2024 AMENDED IN ASSEMBLY APRIL 1, 2024 california legislature—2023–24 regular session ASSEMBLY BILL No. 1886 Introduced by Assembly Member Alvarez January 22, 2024 An act to amend Sections 65585 and 65589.5 of the Government Code, relating to land use. legislative counsel’s digest AB 1886, as amended, Alvarez. Housing Element Law: substantial compliance: Housing Accountability Act. (1)  The Planning and Zoning Law requires a city or county to adopt a general plan for land use development within its boundaries that includes, among other things, a housing element. Existing law, commonly referred to as the Housing Element Law, prescribes requirements for a city’s or county’s preparation of, and compliance with, its housing element, and requires the Department of Housing and Community Development to review and determine whether the housing element substantially complies with the Housing Element Law, as specified. If the department finds that a draft housing element or amendment does not substantially comply with the Housing Element Law, existing law requires the legislative body of the city or county to either (A) change the draft element or amendment to substantially comply with the Housing Element Law or (B) adopt the draft housing element or amendment without changes and make specified findings as to why the draft element or amendment substantially complies with the Housing Element Law despite the findings of the department. 97 102 Existing law requires a planning agency to promptly submit an adopted housing element or amendment to the department and requires the department to review the adopted housing element or amendment and report its findings to the planning agency within 60 days. This bill would require a planning agency that makes the above-described findings as to why a draft housing element or amendment substantially complies with the Housing Element Law despite the findings of the department to submit those findings to the department. The bill would require the department to review those finding in its review of an adopted housing element or amendment. The bill would create a rebuttable presumption of validity for the department’s findings as to whether the adopted element or amendment substantially complies with the Housing Element Law. Because the bill would require planning agencies to submit specified findings to the department with an adopted housing element or amendment, the bill would impose a state-mandated local program. This bill would provide that a housing element or amendment is considered substantially compliant with the Housing Element Law when the local agency has adopted a housing element or amendment and the department or a court of competent jurisdiction determines the adopted housing element or amendment to be in substantial compliance with the Housing Element Law. The bill would specify that a determination of substantial compliance continues until the department or a court of competent jurisdiction determines otherwise or the end of the applicable housing element cycle. The bill would provide that these provisions are declaratory of existing law. (2)  Existing law, the Housing Accountability Act, among other things, prohibits a local agency from disapproving, or conditioning approval in a manner that renders infeasible, a housing development project for very low, low-, or moderate-income households unless the local agency makes written findings as to one of certain sets of conditions, as specified. One set of conditions is that (A) the jurisdiction has adopted a housing element that is in substantial compliance with the Housing Element Law, and (B) the jurisdiction has met or exceeded its share of the regional housing need allocation for the planning period for the income category proposed for the housing development project. This bill would provide that, for purposes of disapproving or conditionally approving a housing development project for very low, low-, or moderate-income households, a housing element or amendment is considered substantially compliant with the Housing Element Law 97 — 2 — AB 1886 103 when the local agency has adopted a housing element or amendment and the department or a court of competent jurisdiction determines the adopted housing element or amendment to be in substantial compliance with the Housing Element Law. The bill would specify that a determination of substantial compliance continues until the department or a court of competent jurisdiction determines otherwise or the end of the applicable housing element cycle. The bill would provide that these provisions are declaratory of existing law. (3)  The Housing Accountability Act also requires Existing law subjects a housing development project to only be subject to the ordinances, policies, and standards adopted and in effect when a preliminary application was submitted, except as specified. This bill would provide that require a housing element or amendment must to be considered in substantial compliance with the Housing Element Law only if the element or amendment was determined to be in substantial compliance when a preliminary application or complete application was submitted, as specified. The bill would provide that this provision is declaratory of existing law. (4) (3)  The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. Vote: majority. Appropriation: no. Fiscal committee: yes.​ State-mandated local program: yes.​ The people of the State of California do enact as follows: line 1 SECTION 1. Section 65585 of the Government Code is line 2 amended to read: line 3 65585. (a)  In the preparation of its housing element, each city line 4 and county shall consider the guidelines adopted by the department line 5 pursuant to Section 50459 of the Health and Safety Code. Those line 6 guidelines shall be advisory to each city or county in the line 7 preparation of its housing element. line 8 (b)  (1)  At least 90 days prior to adoption of a revision of its line 9 housing element pursuant to subdivision (e) of Section 65588, or line 10 at least 60 days prior to the adoption of a subsequent amendment line 11 to this element, the planning agency shall submit a draft element 97 AB 1886 — 3 — 104 line 1 revision or draft amendment to the department. The local line 2 government of the planning agency shall make the first draft line 3 revision of a housing element available for public comment for at line 4 least 30 days and, if any comments are received, the local line 5 government shall take at least 10 business days after the 30-day line 6 public comment period to consider and incorporate public line 7 comments into the draft revision prior to submitting it to the line 8 department. For any subsequent draft revision, the local line 9 government shall post the draft revision on its internet website and line 10 shall email a link to the draft revision to all individuals and line 11 organizations that have previously requested notices relating to line 12 the local government’s housing element at least seven days before line 13 submitting the draft revision to the department. line 14 (2)  The planning agency staff shall collect and compile the line 15 public comments regarding the housing element received by the line 16 city, county, or city and county and provide these comments to line 17 each member of the legislative body before it adopts the housing line 18 element. line 19 (3)  The department shall review the draft and report its written line 20 findings to the planning agency within 90 days of its receipt of the line 21 first draft submittal for each housing element revision pursuant to line 22 subdivision (e) of Section 65588 or within 60 days of its receipt line 23 of a subsequent draft amendment or an adopted revision or adopted line 24 amendment to an element. The department shall not review the line 25 first draft submitted for each housing element revision pursuant line 26 to subdivision (e) of Section 65588 until the local government has line 27 made the draft available for public comment for at least 30 days line 28 and, if comments were received, has taken at least 10 business line 29 days to consider and incorporate public comments pursuant to line 30 paragraph (1). line 31 (c)  In the preparation of its findings, the department may consult line 32 with any public agency, group, or person. The department shall line 33 receive and consider any written comments from any public line 34 agency, group, or person regarding the draft or adopted element line 35 or amendment under review. line 36 (d)  In its written findings, the department shall determine line 37 whether the draft element or draft amendment substantially line 38 complies with this article. line 39 (e)  Prior to the adoption of its draft element or draft amendment, line 40 the legislative body shall consider the findings made by the 97 — 4 — AB 1886 105 line 1 department. If the department’s findings are not available within line 2 the time limits set by this section, the legislative body may act line 3 without them. line 4 (f)  If the department finds that the draft element or draft line 5 amendment does not substantially comply with this article, the line 6 legislative body shall take one of the following actions: line 7 (1)  Change the draft element or draft amendment to substantially line 8 comply with this article. line 9 (2)  Adopt the draft element or draft amendment without changes. line 10 The legislative body shall include in its resolution of adoption line 11 written findings that explain the reasons the legislative body line 12 believes that the draft element or draft amendment substantially line 13 complies with this article despite the findings of the department. line 14 (g)  Promptly following the adoption of its element or line 15 amendment, the planning agency shall submit a copy of the adopted line 16 element or amendment and any findings made pursuant to line 17 paragraph (2) of subdivision (f) to the department. line 18 (h)  (1)  The department shall, within 60 days, review adopted line 19 housing elements or amendments and any findings pursuant to line 20 paragraph (2) of subdivision (f), make a finding as to whether the line 21 adopted element or amendment is in substantial compliance with line 22 this article, and report its findings to the planning agency. line 23 (2)  (A)  For purposes of subdivision (d) of Section 65589.5, a line 24 housing element or amendment shall be considered to be in line 25 substantial compliance with this article when both of the following line 26 conditions are satisfied: line 27 (i)  The local agency adopts the housing element or amendment line 28 in accordance with this section. line 29 (ii)  The department or a court of competent jurisdiction line 30 determines the adopted housing element or amendment to be in line 31 substantial compliance with this article. line 32 (B)  A housing element or amendment shall continue to be line 33 considered in substantial compliance with this article until either line 34 of the following occur: line 35 (i)  The department or a court of competent jurisdiction line 36 determines that the adopted housing element or amendment is no line 37 longer in substantial compliance with this article. line 38 (ii)  The end of the applicable housing element cycle. line 39 (C)  This paragraph does not constitute a change in, but is line 40 declaratory of, existing law. 97 AB 1886 — 5 — 106 line 1 (3)  In any legal proceeding initiated to enforce the provisions line 2 of this article, the department’s findings made pursuant to this line 3 subdivision and subdivision (b) shall create a rebuttable line 4 presumption of validity as to whether the adopted element or line 5 amendment substantially complies with this article. line 6 (i)  (1)  (A)  The department shall review any action or failure line 7 to act by the city, county, or city and county that it determines is line 8 inconsistent with an adopted housing element or Section 65583, line 9 including any failure to implement any program actions included line 10 in the housing element pursuant to Section 65583. The department line 11 shall issue written findings to the city, county, or city and county line 12 as to whether the action or failure to act substantially complies line 13 with this article, and provide a reasonable time no longer than 30 line 14 days for the city, county, or city and county to respond to the line 15 findings before taking any other action authorized by this section, line 16 including the action authorized by subparagraph (B). line 17 (B)  If the department finds that the action or failure to act by line 18 the city, county, or city and county does not substantially comply line 19 with this article, and if it has issued findings pursuant to this section line 20 that an amendment to the housing element substantially complies line 21 with this article, the department may revoke its findings until it line 22 determines that the city, county, or city and county has come into line 23 compliance with this article. line 24 (2)  The department may consult with any local government, line 25 public agency, group, or person, and shall receive and consider line 26 any written comments from any public agency, group, or person, line 27 regarding the action or failure to act by the city, county, or city line 28 and county described in paragraph (1), in determining whether the line 29 housing element substantially complies with this article. line 30 (j)  The department shall notify the city, county, or city and line 31 county and may notify the office of the Attorney General that the line 32 city, county, or city and county is in violation of state law if the line 33 department finds that the housing element or an amendment to this line 34 element, or any action or failure to act described in subdivision line 35 (i), does not substantially comply with this article or that any local line 36 government has taken an action in violation of the following: line 37 (1)  Housing Accountability Act (Section 65589.5). line 38 (2)  Section 65863. line 39 (3)  Chapter 4.3 (commencing with Section 65915). line 40 (4)  Section 65008. 97 — 6 — AB 1886 107 line 1 (5)  Housing Crisis Act of 2019 (Chapter 654, Statutes of 2019, line 2 Sections 65941.1, 65943, and 66300). line 3 (6)  Section 8899.50. line 4 (7)  Section 65913.4. line 5 (8)  Article 11 (commencing with Section 65650). line 6 (9)  Article 12 (commencing with Section 65660). line 7 (10)  Section 65913.11. line 8 (11)  Section 65400. line 9 (12)  Section 65863.2. line 10 (13)  Chapter 4.1 (commencing with Section 65912.100). line 11 (14)  Section 65905.5. line 12 (15)  Section 65852.2. line 13 (16)  Section 65852.21. line 14 (17)  Section 65852.22. line 15 (18)  Section 65852.23. line 16 (19)  Section 65852.24. line 17 (20)  Section 65852.26. line 18 (21)  Section 66411.7. line 19 (22)  Section 65913.16. line 20 (23)  Article 2 (commencing with Section 66300.5) of Chapter line 21 12. line 22 (24)  Section 65852.28. line 23 (25)  Section 65913.4.5. line 24 (26)  Section 66499.41. line 25 (k)  Commencing July 1, 2019, prior to the Attorney General line 26 bringing any suit for a violation of the provisions identified in line 27 subdivision (j) related to housing element compliance and seeking line 28 remedies available pursuant to this subdivision, the department line 29 shall offer the jurisdiction the opportunity for two meetings in line 30 person or via telephone to discuss the violation, and shall provide line 31 the jurisdiction written findings regarding the violation. This line 32 paragraph does not affect any action filed prior to the effective line 33 date of this section. The requirements set forth in this subdivision line 34 do not apply to any suits brought for a violation or violations of line 35 paragraphs (1) and (3) to (9), inclusive, of subdivision (j). line 36 (l)  In any action or special proceeding brought by the Attorney line 37 General relating to housing element compliance pursuant to a line 38 notice or referral under subdivision (j), the Attorney General may line 39 request, upon a finding of the court that the housing element does line 40 not substantially comply with the requirements of this article 97 AB 1886 — 7 — 108 line 1 pursuant to this section, that the court issue an order or judgment line 2 directing the jurisdiction to bring its housing element into line 3 substantial compliance with the requirements of this article. The line 4 court shall retain jurisdiction to ensure that its order or judgment line 5 is carried out. If a court determines that the housing element of line 6 the jurisdiction substantially complies with this article, it shall line 7 have the same force and effect, for purposes of eligibility for any line 8 financial assistance that requires a housing element in substantial line 9 compliance and for purposes of any incentives provided under line 10 Section 65589.9, as a determination by the department that the line 11 housing element substantially complies with this article. line 12 (1)  If the jurisdiction has not complied with the order or line 13 judgment after 12 months, the court shall conduct a status line 14 conference. Following the status conference, upon a determination line 15 that the jurisdiction failed to comply with the order or judgment line 16 compelling substantial compliance with the requirements of this line 17 article, the court shall impose fines on the jurisdiction, which shall line 18 be deposited into the Building Homes and Jobs Trust Fund. Any line 19 fine levied pursuant to this paragraph shall be in a minimum line 20 amount of ten thousand dollars ($10,000) per month, but shall not line 21 exceed one hundred thousand dollars ($100,000) per month, except line 22 as provided in paragraphs (2) and (3). In the event that the line 23 jurisdiction fails to pay fines imposed by the court in full and on line 24 time, the court may require the Controller to intercept any available line 25 state and local funds and direct such funds to the Building Homes line 26 and Jobs Trust Fund to correct the jurisdiction’s failure to pay. line 27 The intercept of the funds by the Controller for this purpose shall line 28 not violate any provision of the California Constitution. line 29 (2)  If the jurisdiction has not complied with the order or line 30 judgment after three months following the imposition of fees line 31 described in paragraph (1), the court shall conduct a status line 32 conference. Following the status conference, if the court finds that line 33 the fees imposed pursuant to paragraph (1) are insufficient to bring line 34 the jurisdiction into compliance with the order or judgment, the line 35 court may multiply the fine determined pursuant to paragraph (1) line 36 by a factor of three. In the event that the jurisdiction fails to pay line 37 fines imposed by the court in full and on time, the court may line 38 require the Controller to intercept any available state and local line 39 funds and direct such funds to the Building Homes and Jobs Trust line 40 Fund to correct the jurisdiction’s failure to pay. The intercept of 97 — 8 — AB 1886 109 line 1 the funds by the Controller for this purpose shall not violate any line 2 provision of the California Constitution. line 3 (3)  If the jurisdiction has not complied with the order or line 4 judgment six months following the imposition of fees described line 5 in paragraph (1), the court shall conduct a status conference. Upon line 6 a determination that the jurisdiction failed to comply with the order line 7 or judgment, the court may impose the following: line 8 (A)  If the court finds that the fees imposed pursuant to line 9 paragraphs (1) and (2) are insufficient to bring the jurisdiction into line 10 compliance with the order or judgment, the court may multiply line 11 the fine determined pursuant to paragraph (1) by a factor of six. line 12 In the event that the jurisdiction fails to pay fines imposed by the line 13 court in full and on time, the court may require the Controller to line 14 intercept any available state and local funds and direct such funds line 15 to the Building Homes and Jobs Trust Fund to correct the line 16 jurisdiction’s failure to pay. The intercept of the funds by the line 17 Controller for this purpose shall not violate any provision of the line 18 California Constitution. line 19 (B)  The court may order remedies available pursuant to Section line 20 564 of the Code of Civil Procedure, under which the agent of the line 21 court may take all governmental actions necessary to bring the line 22 jurisdiction’s housing element into substantial compliance pursuant line 23 to this article in order to remedy identified deficiencies. The court line 24 shall determine whether the housing element of the jurisdiction line 25 substantially complies with this article and, once the court makes line 26 that determination, it shall have the same force and effect, for all line 27 purposes, as the department’s determination that the housing line 28 element substantially complies with this article. An agent appointed line 29 pursuant to this paragraph shall have expertise in planning in line 30 California. line 31 (4)  This subdivision does not limit a court’s discretion to apply line 32 any and all remedies in an action or special proceeding for a line 33 violation of any law identified in subdivision (j). line 34 (m)  In determining the application of the remedies available line 35 under subdivision (l), the court shall consider whether there are line 36 any mitigating circumstances delaying the jurisdiction from coming line 37 into compliance with state housing law. The court may consider line 38 whether a city, county, or city and county is making a good faith line 39 effort to come into substantial compliance or is facing substantial line 40 undue hardships. 97 AB 1886 — 9 — 110 line 1 (n)  Nothing in this section shall limit the authority of the office line 2 of the Attorney General to bring a suit to enforce state law in an line 3 independent capacity. The office of the Attorney General may seek line 4 all remedies available under law including those set forth in this line 5 section. line 6 (o)  Notwithstanding Sections 11040 and 11042, if the Attorney line 7 General declines to represent the department in any action or line 8 special proceeding brought pursuant to a notice or referral under line 9 subdivision (j), the department may appoint or contract with other line 10 counsel for purposes of representing the department in the action line 11 or special proceeding. line 12 (p)  Notwithstanding any other provision of law, the statute of line 13 limitations set forth in subdivision (a) of Section 338 of the Code line 14 of Civil Procedure shall apply to any action or special proceeding line 15 brought by the office of the Attorney General or pursuant to a line 16 notice or referral under subdivision (j), or by the department line 17 pursuant to subdivision (o). line 18 SECTION 1. Section 65585 of the Government Code is line 19 amended to read: line 20 65585. (a)  In the preparation of its housing element, each city line 21 and county shall consider the guidelines adopted by the department line 22 pursuant to Section 50459 of the Health and Safety Code. Those line 23 guidelines shall be advisory to each city or county in the line 24 preparation of its housing element. line 25 (b)  (1)  At least 90 days prior to adoption of a revision of its line 26 housing element pursuant to subdivision (e) of Section 65588, or line 27 at least 60 days prior to the adoption of a subsequent amendment line 28 to this element, the planning agency shall submit a draft element line 29 revision or draft amendment to the department. The local line 30 government of the planning agency shall make the first draft line 31 revision of a housing element available for public comment for at line 32 least 30 days and, if any comments are received, the local line 33 government shall take at least 10 business days after the 30-day line 34 public comment period to consider and incorporate public line 35 comments into the draft revision prior to submitting it to the line 36 department. For any subsequent draft revision, the local line 37 government shall post the draft revision on its internet website and line 38 shall email a link to the draft revision to all individuals and line 39 organizations that have previously requested notices relating to 97 — 10 — AB 1886 111 line 1 the local government’s housing element at least seven days before line 2 submitting the draft revision to the department. line 3 (2)  The planning agency staff shall collect and compile the line 4 public comments regarding the housing element received by the line 5 city, county, or city and county and provide these comments to line 6 each member of the legislative body before it adopts the housing line 7 element. line 8 (3)  The department shall review the draft and report its written line 9 findings to the planning agency within 90 days of its receipt of the line 10 first draft submittal for each housing element revision pursuant to line 11 subdivision (e) of Section 65588 or within 60 days of its receipt line 12 of a subsequent draft amendment or an adopted revision or adopted line 13 amendment to an element. The department shall not review the line 14 first draft submitted for each housing element revision pursuant line 15 to subdivision (e) of Section 65588 until the local government has line 16 made the draft available for public comment for at least 30 days line 17 and, if comments were received, has taken at least 10 business line 18 days to consider and incorporate public comments pursuant to line 19 paragraph (1). line 20 (c)  In the preparation of its findings, the department may consult line 21 with any public agency, group, or person. The department shall line 22 receive and consider any written comments from any public line 23 agency, group, or person regarding the draft or adopted element line 24 or amendment under review. line 25 (d)  In its written findings, the department shall determine line 26 whether the draft element or draft amendment substantially line 27 complies with this article. line 28 (e)  Prior to the adoption of its draft element or draft amendment, line 29 the legislative body shall consider the findings made by the line 30 department. If the department’s findings are not available within line 31 the time limits set by this section, the legislative body may act line 32 without them. line 33 (f)  If the department finds that the draft element or draft line 34 amendment does not substantially comply with this article, the line 35 legislative body shall take one of the following actions: line 36 (1)  Change the draft element or draft amendment to substantially line 37 comply with this article. line 38 (2)  Adopt the draft element or draft amendment without changes. line 39 The legislative body shall include in its resolution of adoption line 40 written findings that explain the reasons the legislative body 97 AB 1886 — 11 — 112 line 1 believes that the draft element or draft amendment substantially line 2 complies with this article despite the findings of the department. line 3 (g)  Promptly following the adoption of its element or line 4 amendment, the planning agency shall submit a copy to of the line 5 adopted element or amendment and any findings made pursuant line 6 to paragraph (2) of subdivision (f) to the department. line 7 (h)  (1)  The department shall, within 60 days, review adopted line 8 housing elements or amendments and any findings pursuant to line 9 paragraph (2) of subdivision (f), make a finding as to whether the line 10 adopted element or amendment is in substantial compliance with line 11 this article, and report its findings to the planning agency. line 12 (2)  (A)  A housing element or amendment shall be considered line 13 to be in substantial compliance with this article when both of the line 14 following conditions are satisfied: line 15 (i)  The local agency adopts the housing element or amendment line 16 in accordance with this section. line 17 (ii)  The department or a court of competent jurisdiction line 18 determines the adopted housing element or amendment to be in line 19 substantial compliance with this article. line 20 (B)  A housing element or amendment shall continue to be line 21 considered in substantial compliance with this article until either line 22 of the following occur: line 23 (i)  The department or a court of competent jurisdiction line 24 determines that the adopted housing element or amendment is no line 25 longer in substantial compliance with this article. line 26 (ii)  The end of the applicable housing element cycle. line 27 (C)  This paragraph does not constitute a change in, but is line 28 declaratory of, existing law. line 29 (3)  In any legal proceeding initiated to enforce the provisions line 30 of this article, the department’s findings made pursuant to this line 31 subdivision and subdivision (b) shall create a rebuttable line 32 presumption of validity as to whether the adopted element or line 33 amendment substantially complies with this article. line 34 (i)  (1)  (A)  The department shall review any action or failure line 35 to act by the city, county, or city and county that it determines is line 36 inconsistent with an adopted housing element or Section 65583, line 37 including any failure to implement any program actions included line 38 in the housing element pursuant to Section 65583. The department line 39 shall issue written findings to the city, county, or city and county line 40 as to whether the action or failure to act substantially complies 97 — 12 — AB 1886 113 -- line 1 with this article, and provide a reasonable time no longer than 30 line 2 days for the city, county, or city and county to respond to the line 3 findings before taking any other action authorized by this section, line 4 including the action authorized by subparagraph (B). line 5 (B)  If the department finds that the action or failure to act by line 6 the city, county, or city and county does not substantially comply line 7 with this article, and if it has issued findings pursuant to this section line 8 that an amendment to the housing element substantially complies line 9 with this article, the department may revoke its findings until it line 10 determines that the city, county, or city and county has come into line 11 compliance with this article. line 12 (2)  The department may consult with any local government, line 13 public agency, group, or person, and shall receive and consider line 14 any written comments from any public agency, group, or person, line 15 regarding the action or failure to act by the city, county, or city line 16 and county described in paragraph (1), in determining whether the line 17 housing element substantially complies with this article. line 18 (j)  The department shall notify the city, county, or city and line 19 county and may notify the office of the Attorney General that the line 20 city, county, or city and county is in violation of state law if the line 21 department finds that the housing element or an amendment to this line 22 element, or any action or failure to act described in subdivision line 23 (i), does not substantially comply with this article or that any local line 24 government has taken an action in violation of the following: line 25 (1)  Housing Accountability Act (Section 65589.5). line 26 (2)  Section 65863. line 27 (3)  Chapter 4.3 (commencing with Section 65915). line 28 (4)  Section 65008. line 29 (5)  Housing Crisis Act of 2019 (Chapter 654, Statutes of 2019, line 30 Sections 65941.1, 65943, and 66300). line 31 (6)  Section 8899.50. line 32 (7)  Section 65913.4. line 33 (8)  Article 11 (commencing with Section 65650). line 34 (9)  Article 12 (commencing with Section 65660). line 35 (10)  Section 65913.11. line 36 (11)  Section 65400. line 37 (12)  Section 65863.2. line 38 (13)  Chapter 4.1 (commencing with Section 65912.100). line 39 (14)  Section 65905.5. line 40 (15)  Chapter 13 (commencing with Section 66310). 97 AB 1886 — 13 — 114 line 1 (16)  Section 65852.21. line 2 (17)  Section 65852.24. line 3 (18)  Section 66411.7. line 4 (19)  Section 65913.16. line 5 (20)  Article 2 (commencing with Section 66300.5) of Chapter line 6 12. line 7 (21)  Section 65852.28. line 8 (22)  Section 65913.4.5. line 9 (23)  Section 66499.41. line 10 (k)  Commencing July 1, 2019, prior to the Attorney General line 11 bringing any suit for a violation of the provisions identified in line 12 subdivision (j) related to housing element compliance and seeking line 13 remedies available pursuant to this subdivision, the department line 14 shall offer the jurisdiction the opportunity for two meetings in line 15 person or via telephone to discuss the violation, and shall provide line 16 the jurisdiction written findings regarding the violation. This line 17 paragraph does not affect any action filed prior to the effective line 18 date of this section. The requirements set forth in this subdivision line 19 do not apply to any suits brought for a violation or violations of line 20 paragraphs (1) and (3) to (9), inclusive, of subdivision (j). line 21 (l)  In any action or special proceeding brought by the Attorney line 22 General relating to housing element compliance pursuant to a line 23 notice or referral under subdivision (j), the Attorney General may line 24 request, upon a finding of the court that the housing element does line 25 not substantially comply with the requirements of this article line 26 pursuant to this section, that the court issue an order or judgment line 27 directing the jurisdiction to bring its housing element into line 28 substantial compliance with the requirements of this article. The line 29 court shall retain jurisdiction to ensure that its order or judgment line 30 is carried out. If a court determines that the housing element of line 31 the jurisdiction substantially complies with this article, it shall line 32 have the same force and effect, for purposes of eligibility for any line 33 financial assistance that requires a housing element in substantial line 34 compliance and for purposes of any incentives provided under line 35 Section 65589.9, as a determination by the department that the line 36 housing element substantially complies with this article. line 37 (1)  If the jurisdiction has not complied with the order or line 38 judgment after 12 months, the court shall conduct a status line 39 conference. Following the status conference, upon a determination line 40 that the jurisdiction failed to comply with the order or judgment 97 — 14 — AB 1886 115 line 1 compelling substantial compliance with the requirements of this line 2 article, the court shall impose fines on the jurisdiction, which shall line 3 be deposited into the Building Homes and Jobs Trust Fund. Any line 4 fine levied pursuant to this paragraph shall be in a minimum line 5 amount of ten thousand dollars ($10,000) per month, but shall not line 6 exceed one hundred thousand dollars ($100,000) per month, except line 7 as provided in paragraphs (2) and (3). In the event that the line 8 jurisdiction fails to pay fines imposed by the court in full and on line 9 time, the court may require the Controller to intercept any available line 10 state and local funds and direct such funds to the Building Homes line 11 and Jobs Trust Fund to correct the jurisdiction’s failure to pay. line 12 The intercept of the funds by the Controller for this purpose shall line 13 not violate any provision of the California Constitution. line 14 (2)  If the jurisdiction has not complied with the order or line 15 judgment after three months following the imposition of fees line 16 described in paragraph (1), the court shall conduct a status line 17 conference. Following the status conference, if the court finds that line 18 the fees imposed pursuant to paragraph (1) are insufficient to bring line 19 the jurisdiction into compliance with the order or judgment, the line 20 court may multiply the fine determined pursuant to paragraph (1) line 21 by a factor of three. In the event that the jurisdiction fails to pay line 22 fines imposed by the court in full and on time, the court may line 23 require the Controller to intercept any available state and local line 24 funds and direct such funds to the Building Homes and Jobs Trust line 25 Fund to correct the jurisdiction’s failure to pay. The intercept of line 26 the funds by the Controller for this purpose shall not violate any line 27 provision of the California Constitution. line 28 (3)  If the jurisdiction has not complied with the order or line 29 judgment six months following the imposition of fees described line 30 in paragraph (1), the court shall conduct a status conference. Upon line 31 a determination that the jurisdiction failed to comply with the order line 32 or judgment, the court may impose the following: line 33 (A)  If the court finds that the fees imposed pursuant to line 34 paragraphs (1) and (2) are insufficient to bring the jurisdiction into line 35 compliance with the order or judgment, the court may multiply line 36 the fine determined pursuant to paragraph (1) by a factor of six. line 37 In the event that the jurisdiction fails to pay fines imposed by the line 38 court in full and on time, the court may require the Controller to line 39 intercept any available state and local funds and direct such funds line 40 to the Building Homes and Jobs Trust Fund to correct the 97 AB 1886 — 15 — 116 line 1 jurisdiction’s failure to pay. The intercept of the funds by the line 2 Controller for this purpose shall not violate any provision of the line 3 California Constitution. line 4 (B)  The court may order remedies available pursuant to Section line 5 564 of the Code of Civil Procedure, under which the agent of the line 6 court may take all governmental actions necessary to bring the line 7 jurisdiction’s housing element into substantial compliance pursuant line 8 to this article in order to remedy identified deficiencies. The court line 9 shall determine whether the housing element of the jurisdiction line 10 substantially complies with this article and, once the court makes line 11 that determination, it shall have the same force and effect, for all line 12 purposes, as the department’s determination that the housing line 13 element substantially complies with this article. An agent appointed line 14 pursuant to this paragraph shall have expertise in planning in line 15 California. line 16 (4)  This subdivision does not limit a court’s discretion to apply line 17 any and all remedies in an action or special proceeding for a line 18 violation of any law identified in subdivision (j). line 19 (m)  In determining the application of the remedies available line 20 under subdivision (l), the court shall consider whether there are line 21 any mitigating circumstances delaying the jurisdiction from coming line 22 into compliance with state housing law. The court may consider line 23 whether a city, county, or city and county is making a good faith line 24 effort to come into substantial compliance or is facing substantial line 25 undue hardships. line 26 (n)  Nothing in this section shall limit the authority of the office line 27 of the Attorney General to bring a suit to enforce state law in an line 28 independent capacity. The office of the Attorney General may seek line 29 all remedies available under law including those set forth in this line 30 section. line 31 (o)  Notwithstanding Sections 11040 and 11042, if the Attorney line 32 General declines to represent the department in any action or line 33 special proceeding brought pursuant to a notice or referral under line 34 subdivision (j), the department may appoint or contract with other line 35 counsel for purposes of representing the department in the action line 36 or special proceeding. line 37 (p)  Notwithstanding any other provision of law, the statute of line 38 limitations set forth in subdivision (a) of Section 338 of the Code line 39 of Civil Procedure shall apply to any action or special proceeding line 40 brought by the office of the Attorney General or pursuant to a 97 — 16 — AB 1886 117 line 1 notice or referral under subdivision (j), or by the department line 2 pursuant to subdivision (o). line 3 SEC. 2. Section 65589.5 of the Government Code is amended line 4 to read: line 5 65589.5. (a)  (1)  The Legislature finds and declares all of the line 6 following: line 7 (A)  The lack of housing, including emergency shelters, is a line 8 critical problem that threatens the economic, environmental, and line 9 social quality of life in California. line 10 (B)  California housing has become the most expensive in the line 11 nation. The excessive cost of the state’s housing supply is partially line 12 caused by activities and policies of many local governments that line 13 limit the approval of housing, increase the cost of land for housing, line 14 and require that high fees and exactions be paid by producers of line 15 housing. line 16 (C)  Among the consequences of those actions are discrimination line 17 against low-income and minority households, lack of housing to line 18 support employment growth, imbalance in jobs and housing, line 19 reduced mobility, urban sprawl, excessive commuting, and air line 20 quality deterioration. line 21 (D)  Many local governments do not give adequate attention to line 22 the economic, environmental, and social costs of decisions that line 23 result in disapproval of housing development projects, reduction line 24 in density of housing projects, and excessive standards for housing line 25 development projects. line 26 (2)  In enacting the amendments made to this section by the act line 27 adding this paragraph, the Legislature further finds and declares line 28 the following: line 29 (A)  California has a housing supply and affordability crisis of line 30 historic proportions. The consequences of failing to effectively line 31 and aggressively confront this crisis are hurting millions of line 32 Californians, robbing future generations of the chance to call line 33 California home, stifling economic opportunities for workers and line 34 businesses, worsening poverty and homelessness, and undermining line 35 the state’s environmental and climate objectives. line 36 (B)  While the causes of this crisis are multiple and complex, line 37 the absence of meaningful and effective policy reforms to line 38 significantly enhance the approval and supply of housing affordable line 39 to Californians of all income levels is a key factor. 97 AB 1886 — 17 — 118 line 1 (C)  The crisis has grown so acute in California that supply, line 2 demand, and affordability fundamentals are characterized in the line 3 negative: underserved demands, constrained supply, and protracted line 4 unaffordability. line 5 (D)  According to reports and data, California has accumulated line 6 an unmet housing backlog of nearly 2,000,000 units and must line 7 provide for at least 180,000 new units annually to keep pace with line 8 growth through 2025. line 9 (E)  California’s overall home ownership rate is at its lowest line 10 level since the 1940s. The state ranks 49th out of the 50 states in line 11 home ownership rates as well as in the supply of housing per capita. line 12 Only one-half of California’s households are able to afford the line 13 cost of housing in their local regions. line 14 (F)  Lack of supply and rising costs are compounding inequality line 15 and limiting advancement opportunities for many Californians. line 16 (G)  The majority of California renters, more than 3,000,000 line 17 households, pay more than 30 percent of their income toward rent line 18 and nearly one-third, more than 1,500,000 households, pay more line 19 than 50 percent of their income toward rent. line 20 (H)  When Californians have access to safe and affordable line 21 housing, they have more money for food and health care; they are line 22 less likely to become homeless and in need of line 23 government-subsidized services; their children do better in school; line 24 and businesses have an easier time recruiting and retaining line 25 employees. line 26 (I)  An additional consequence of the state’s cumulative housing line 27 shortage is a significant increase in greenhouse gas emissions line 28 caused by the displacement and redirection of populations to states line 29 with greater housing opportunities, particularly working- and line 30 middle-class households. California’s cumulative housing shortfall line 31 therefore has not only national but international environmental line 32 consequences. line 33 (J)  California’s housing picture has reached a crisis of historic line 34 proportions despite the fact that, for decades, the Legislature has line 35 enacted numerous statutes intended to significantly increase the line 36 approval, development, and affordability of housing for all income line 37 levels, including this section. line 38 (K)  The Legislature’s intent in enacting this section in 1982 and line 39 in expanding its provisions since then was to significantly increase line 40 the approval and construction of new housing for all economic 97 — 18 — AB 1886 119 line 1 segments of California’s communities by meaningfully and line 2 effectively curbing the capability of local governments to deny, line 3 reduce the density for, or render infeasible housing development line 4 projects and emergency shelters. That intent has not been fulfilled. line 5 (L)  It is the policy of the state that this section be interpreted line 6 and implemented in a manner to afford the fullest possible weight line 7 to the interest of, and the approval and provision of, housing. line 8 (3)  It is the intent of the Legislature that the conditions that line 9 would have a specific, adverse impact upon the public health and line 10 safety, as described in paragraph (2) of subdivision (d) and line 11 paragraph (1) of subdivision (j), arise infrequently. line 12 (b)  It is the policy of the state that a local government not reject line 13 or make infeasible housing development projects, including line 14 emergency shelters, that contribute to meeting the need determined line 15 pursuant to this article without a thorough analysis of the economic, line 16 social, and environmental effects of the action and without line 17 complying with subdivision (d). line 18 (c)  The Legislature also recognizes that premature and line 19 unnecessary development of agricultural lands for urban uses line 20 continues to have adverse effects on the availability of those lands line 21 for food and fiber production and on the economy of the state. line 22 Furthermore, it is the policy of the state that development should line 23 be guided away from prime agricultural lands; therefore, in line 24 implementing this section, local jurisdictions should encourage, line 25 to the maximum extent practicable, in filling existing urban areas. line 26 (d)  A local agency shall not disapprove a housing development line 27 project, including farmworker housing as defined in subdivision line 28 (h) of Section 50199.7 of the Health and Safety Code, for very line 29 low, low-, or moderate-income households, or an emergency line 30 shelter, or condition approval in a manner that renders the housing line 31 development project infeasible for development for the use of very line 32 low, low-, or moderate-income households, or an emergency line 33 shelter, including through the use of design review standards, line 34 unless it makes written findings, based upon a preponderance of line 35 the evidence in the record, as to one of the following: line 36 (1)  The jurisdiction has adopted a housing element pursuant to line 37 this article that has been revised in accordance with Section 65588, line 38 is in substantial compliance with this article, and the jurisdiction line 39 has met or exceeded its share of the regional housing need line 40 allocation pursuant to Section 65584 for the planning period for 97 AB 1886 — 19 — 120 line 1 the income category proposed for the housing development project, line 2 provided that any disapproval or conditional approval shall not be line 3 based on any of the reasons prohibited by Section 65008. If the line 4 housing development project includes a mix of income categories, line 5 and the jurisdiction has not met or exceeded its share of the regional line 6 housing need for one or more of those categories, then this line 7 paragraph shall not be used to disapprove or conditionally approve line 8 the housing development project. The share of the regional housing line 9 need met by the jurisdiction shall be calculated consistently with line 10 the forms and definitions that may be adopted by the Department line 11 of Housing and Community Development pursuant to Section line 12 65400. In the case of an emergency shelter, the jurisdiction shall line 13 have met or exceeded the need for emergency shelter, as identified line 14 pursuant to paragraph (7) of subdivision (a) of Section 65583. Any line 15 disapproval or conditional approval pursuant to this paragraph line 16 shall be in accordance with applicable law, rule, or standards. line 17 (2)  The housing development project or emergency shelter as line 18 proposed would have a specific, adverse impact upon the public line 19 health or safety, and there is no feasible method to satisfactorily line 20 mitigate or avoid the specific, adverse impact without rendering line 21 the development unaffordable to low- and moderate-income line 22 households or rendering the development of the emergency shelter line 23 financially infeasible. As used in this paragraph, a “specific, line 24 adverse impact” means a significant, quantifiable, direct, and line 25 unavoidable impact, based on objective, identified written public line 26 health or safety standards, policies, or conditions as they existed line 27 on the date the application was deemed complete. The following line 28 shall not constitute a specific, adverse impact upon the public line 29 health or safety: line 30 (A)  Inconsistency with the zoning ordinance or general plan line 31 land use designation. line 32 (B)  The eligibility to claim a welfare exemption under line 33 subdivision (g) of Section 214 of the Revenue and Taxation Code. line 34 (3)  The denial of the housing development project or imposition line 35 of conditions is required in order to comply with specific state or line 36 federal law, and there is no feasible method to comply without line 37 rendering the development unaffordable to low- and line 38 moderate-income households or rendering the development of the line 39 emergency shelter financially infeasible. 97 — 20 — AB 1886 121 line 1 (4)  The housing development project or emergency shelter is line 2 proposed on land zoned for agriculture or resource preservation line 3 that is surrounded on at least two sides by land being used for line 4 agricultural or resource preservation purposes, or which does not line 5 have adequate water or wastewater facilities to serve the project. line 6 (5)  The housing development project or emergency shelter is line 7 inconsistent with both the jurisdiction’s zoning ordinance and line 8 general plan land use designation as specified in any element of line 9 the general plan as it existed on the date the application was line 10 deemed complete, and the jurisdiction has adopted a revised line 11 housing element in accordance with Section 65588 that is in line 12 substantial compliance with this article. For purposes of this line 13 section, a change to the zoning ordinance or general plan land use line 14 designation subsequent to the date the application was deemed line 15 complete shall not constitute a valid basis to disapprove or line 16 condition approval of the housing development project or line 17 emergency shelter. line 18 (A)  This paragraph cannot be utilized to disapprove or line 19 conditionally approve a housing development project if the housing line 20 development project is proposed on a site that is identified as line 21 suitable or available for very low, low-, or moderate-income line 22 households in the jurisdiction’s housing element, and consistent line 23 with the density specified in the housing element, even though it line 24 is inconsistent with both the jurisdiction’s zoning ordinance and line 25 general plan land use designation. line 26 (B)  If the local agency has failed to identify in the inventory of line 27 land in its housing element sites that can be developed for housing line 28 within the planning period and are sufficient to provide for the line 29 jurisdiction’s share of the regional housing need for all income line 30 levels pursuant to Section 65584, then this paragraph shall not be line 31 utilized to disapprove or conditionally approve a housing line 32 development project proposed for a site designated in any element line 33 of the general plan for residential uses or designated in any element line 34 of the general plan for commercial uses if residential uses are line 35 permitted or conditionally permitted within commercial line 36 designations. In any action in court, the burden of proof shall be line 37 on the local agency to show that its housing element does identify line 38 adequate sites with appropriate zoning and development standards line 39 and with services and facilities to accommodate the local agency’s 97 AB 1886 — 21 — 122 line 1 share of the regional housing need for the very low, low-, and line 2 moderate-income categories. line 3 (C)  If the local agency has failed to identify a zone or zones line 4 where emergency shelters are allowed as a permitted use without line 5 a conditional use or other discretionary permit, has failed to line 6 demonstrate that the identified zone or zones include sufficient line 7 capacity to accommodate the need for emergency shelter identified line 8 in paragraph (7) of subdivision (a) of Section 65583, or has failed line 9 to demonstrate that the identified zone or zones can accommodate line 10 at least one emergency shelter, as required by paragraph (4) of line 11 subdivision (a) of Section 65583, then this paragraph shall not be line 12 utilized to disapprove or conditionally approve an emergency line 13 shelter proposed for a site designated in any element of the general line 14 plan for industrial, commercial, or multifamily residential uses. In line 15 any action in court, the burden of proof shall be on the local agency line 16 to show that its housing element does satisfy the requirements of line 17 paragraph (4) of subdivision (a) of Section 65583. line 18 (e)  Nothing in this section shall be construed to relieve the local line 19 agency from complying with the congestion management program line 20 required by Chapter 2.6 (commencing with Section 65088) of line 21 Division 1 of Title 7 or the California Coastal Act of 1976 line 22 (Division 20 (commencing with Section 30000) of the Public line 23 Resources Code). Neither shall anything in this section be line 24 construed to relieve the local agency from making one or more of line 25 the findings required pursuant to Section 21081 of the Public line 26 Resources Code or otherwise complying with the California line 27 Environmental Quality Act (Division 13 (commencing with Section line 28 21000) of the Public Resources Code). line 29 (f)  (1)  Except as provided in subdivision (o), nothing in this line 30 section shall be construed to prohibit a local agency from requiring line 31 the housing development project to comply with objective, line 32 quantifiable, written development standards, conditions, and line 33 policies appropriate to, and consistent with, meeting the line 34 jurisdiction’s share of the regional housing need pursuant to Section line 35 65584. However, the development standards, conditions, and line 36 policies shall be applied to facilitate and accommodate line 37 development at the density permitted on the site and proposed by line 38 the development. line 39 (2)  Except as provided in subdivision (o), nothing in this section line 40 shall be construed to prohibit a local agency from requiring an 97 — 22 — AB 1886 123 line 1 emergency shelter project to comply with objective, quantifiable, line 2 written development standards, conditions, and policies that are line 3 consistent with paragraph (4) of subdivision (a) of Section 65583 line 4 and appropriate to, and consistent with, meeting the jurisdiction’s line 5 need for emergency shelter, as identified pursuant to paragraph line 6 (7) of subdivision (a) of Section 65583. However, the development line 7 standards, conditions, and policies shall be applied by the local line 8 agency to facilitate and accommodate the development of the line 9 emergency shelter project. line 10 (3)  Except as provided in subdivision (o), nothing in this section line 11 shall be construed to prohibit a local agency from imposing fees line 12 and other exactions otherwise authorized by law that are essential line 13 to provide necessary public services and facilities to the housing line 14 development project or emergency shelter. line 15 (4)  For purposes of this section, a housing development project line 16 or emergency shelter shall be deemed consistent, compliant, and line 17 in conformity with an applicable plan, program, policy, ordinance, line 18 standard, requirement, or other similar provision if there is line 19 substantial evidence that would allow a reasonable person to line 20 conclude that the housing development project or emergency line 21 shelter is consistent, compliant, or in conformity. line 22 (g)  This section shall be applicable to charter cities because the line 23 Legislature finds that the lack of housing, including emergency line 24 shelter, is a critical statewide problem. line 25 (h)  The following definitions apply for the purposes of this line 26 section: line 27 (1)  “Feasible” means capable of being accomplished in a line 28 successful manner within a reasonable period of time, taking into line 29 account economic, environmental, social, and technological factors. line 30 (2)  “Housing development project” means a use consisting of line 31 any of the following: line 32 (A)  Residential units only. line 33 (B)  Mixed-use developments consisting of residential and line 34 nonresidential uses with at least two-thirds of the square footage line 35 designated for residential use. line 36 (C)  Transitional housing or supportive housing. line 37 (3)  “Housing for very low, low-, or moderate-income line 38 households” means that either (A) at least 20 percent of the total line 39 units shall be sold or rented to lower income households, as defined line 40 in Section 50079.5 of the Health and Safety Code, or (B) 100 97 AB 1886 — 23 — 124 line 1 percent of the units shall be sold or rented to persons and families line 2 of moderate income as defined in Section 50093 of the Health and line 3 Safety Code, or persons and families of middle income, as defined line 4 in Section 65008 of this code. Housing units targeted for lower line 5 income households shall be made available at a monthly housing line 6 cost that does not exceed 30 percent of 60 percent of area median line 7 income with adjustments for household size made in accordance line 8 with the adjustment factors on which the lower income eligibility line 9 limits are based. Housing units targeted for persons and families line 10 of moderate income shall be made available at a monthly housing line 11 cost that does not exceed 30 percent of 100 percent of area median line 12 income with adjustments for household size made in accordance line 13 with the adjustment factors on which the moderate-income line 14 eligibility limits are based. line 15 (4)  “Area median income” means area median income as line 16 periodically established by the Department of Housing and line 17 Community Development pursuant to Section 50093 of the Health line 18 and Safety Code. The developer shall provide sufficient legal line 19 commitments to ensure continued availability of units for very low line 20 or low-income households in accordance with the provisions of line 21 this subdivision for 30 years. line 22 (5)  Notwithstanding any other law, until January 1, 2030, line 23 “deemed complete” means that the applicant has submitted a line 24 preliminary application pursuant to Section 65941.1 or, if the line 25 applicant has not submitted a preliminary application, has line 26 submitted a complete application pursuant to Section 65943. line 27 (6)  “Disapprove the housing development project” includes any line 28 instance in which a local agency does any of the following: line 29 (A)  Votes on a proposed housing development project line 30 application and the application is disapproved, including any line 31 required land use approvals or entitlements necessary for the line 32 issuance of a building permit. line 33 (B)  Fails to comply with the time periods specified in line 34 subdivision (a) of Section 65950. An extension of time pursuant line 35 to Article 5 (commencing with Section 65950) shall be deemed to line 36 be an extension of time pursuant to this paragraph. line 37 (C)  Fails to meet the time limits specified in Section 65913.3. line 38 (D)  (i)  Fails to make a determination of whether the project is line 39 exempt from the California Environmental Quality Act (Division line 40 13 (commencing with Section 21000) of the Public Resources 97 — 24 — AB 1886 125 line 1 Code), or commits an abuse of discretion, as defined in this line 2 subparagraph, if all of the following conditions are satisfied: line 3 (I)  There is substantial evidence in the record before the local line 4 agency that the housing development project is not located in either line 5 of the following: line 6 (ia)  On a site specified in subparagraphs (A) to (C), inclusive, line 7 or subparagraphs (E) to (K), inclusive, of paragraph (6) of line 8 subdivision (a) of Section 65913.4. line 9 (ib)  Within a very high fire hazard severity zone, as determined line 10 by the Department of Forestry and Fire Protection pursuant to line 11 Section 51178, or within a high or very high fire hazard severity line 12 zone as indicated on maps adopted by the Department of Forestry line 13 and Fire Protection pursuant to Section 4202 of the Public line 14 Resources Code. line 15 (II)  The housing development project is located on a legal parcel line 16 or parcels within an urbanized area and meets one or more of the line 17 following criteria: line 18 (ia)  The housing development project is located within one-half line 19 mile walking distance to either a high-quality transit corridor or a line 20 major transit stop. line 21 (ib)  The housing development project is located in a very low line 22 vehicle travel area. line 23 (ic)  The housing development project is proximal to six or more line 24 amenities pursuant to subclause (IV) of clause (ii) as of the date line 25 of submission of the application for the project. line 26 (id)  Parcels that are developed with urban uses adjoin at least line 27 75 percent of the perimeter of the project site or at least three sides line 28 of a four-sided project site. For purposes of this clause, parcels line 29 that are only separated by a street or highway shall be considered line 30 to be adjoined. line 31 (III)  The density of the housing development project meets or line 32 exceeds 15 dwelling units per acre. line 33 (IV)  Both of the following criteria are met: line 34 (ia)  There is substantial evidence in the record before the local line 35 agency that the housing development project is eligible for an line 36 exemption sought by the applicant. line 37 (ib)  If the exemption sought by the applicant is subject to an line 38 exception under the Guidelines for Implementation of the line 39 California Environmental Quality Act (Chapter 3 (commencing line 40 with Section 15000) of Division 6 of Title 14 of the California 97 AB 1886 — 25 — 126 line 1 Code of Regulations), there is substantial evidence in the record line 2 before the local agency that the application of that categorical line 3 exemption is not barred by one of the exceptions set forth in line 4 Section 15300.2 of those guidelines. line 5 (V)  (ia)  The applicant has given timely written notice to the line 6 local agency of the action or inaction that the applicant believes line 7 constitutes a failure to make a determination or an abuse of line 8 discretion, as defined in this subparagraph, and the local agency line 9 did not make a lawful determination within 90 days of the line 10 applicant’s written notice. The applicant’s written notice shall line 11 contain all of the following: line 12 (Ia)  The information specified in paragraphs (1), (2), (5), and line 13 (6) of subdivision (a) of Section 15062 of Title 14 of the California line 14 Code of Regulations. line 15 (Ib)  A citation to the section of Title 14 of the California Code line 16 of Regulations or the statute under which the applicant asserts that line 17 the project is exempt. line 18 (Ic)  A brief statement of reasons supporting the assertion that line 19 the project is exempt. line 20 (Id)  A copy of the excerpts from the record constituting line 21 substantial evidence that the criteria of subclauses (I) to (IV), line 22 inclusive, are satisfied. line 23 (ib)  Within five working days of receiving the applicant’s line 24 written notice required by sub-subclause (ia), the local agency line 25 shall file the notice with the county clerk of each county in which line 26 the project will be located. The county clerk shall post the notice line 27 and make it available for public inspection in the manner set forth line 28 in subdivision (c) of Section 21152 of the Public Resources Code. line 29 Compliance with this sub-subclause is not a condition that must line 30 be satisfied in order to find that the local agency has disapproved line 31 the housing development project under this subparagraph. line 32 (ic)  The local agency may, by providing a written response to line 33 the applicant within 90 additional days of the applicant’s written line 34 notice, extend the time period to make a lawful determination by line 35 no more than 90 days if the extension is necessary to determine if line 36 there is substantial evidence in the record that the housing line 37 development project is eligible for the exemption sought by the line 38 applicant. line 39 (id)  If the local agency has given the applicant written notice line 40 of the local agency’s determination that the project is not exempt, 97 — 26 — AB 1886 127 line 1 the applicant’s notice shall be deemed timely if and only if it is line 2 delivered to the local agency within 35 days of the date that the line 3 local agency gave the applicant notice of the local agency’s line 4 determination. line 5 (ie)  If the local agency has not given the applicant the written line 6 notice described in sub-subclause (id), the applicant’s notice shall line 7 be deemed timely if given after 60 days from the date on which line 8 the project application has been received and accepted as complete line 9 by the lead agency, or 60 days from the date on which the project line 10 application has been determined or deemed to be complete within line 11 the meaning of Section 65943, whichever is earlier. line 12 (ii)  For purposes of this subparagraph, the following definitions line 13 apply: line 14 (I)  “Abuse of discretion” means that the conditions set forth in line 15 subclauses (I) to (IV), inclusive, of clause (i) are satisfied, but the line 16 local agency does not determine that the project is exempt from line 17 the California Environmental Quality Act (Division 13 line 18 (commencing with Section 21000) of the Public Resources Code). line 19 This subclause sets forth the exclusive definition of “abuse of line 20 discretion” for purposes of this subparagraph. line 21 (II)  “High-quality transit corridor” has the same meaning defined line 22 in subdivision (b) of Section 21155 of the Public Resources Code. line 23 (III)  “Major transit stop” has the same meaning as defined in line 24 Section 21064.3 of the Public Resources Code. line 25 (IV)  “Proximal” to an amenity means either of the following: line 26 (ia)  Within one-half mile of either of the following amenities: line 27 (Ia)  A bus station. line 28 (Ib)  A ferry terminal. line 29 (ib)  Within one mile, or for a parcel in a rural area, as defined line 30 in Section 50199.21 of the Health and Safety Code, within two line 31 miles, of any of the following amenities: line 32 (Ia)  A supermarket or grocery store. line 33 (Ib)  A public park. line 34 (Ic)  A community center. line 35 (Id)  A pharmacy or drugstore. line 36 (Ie)  A medical clinic or hospital. line 37 (If)  A public library. line 38 (Ig)  A school that maintains a kindergarten or any of grades 1 line 39 to 12, inclusive. 97 AB 1886 — 27 — 128 line 1 (V)  “Urbanized area” has the same meaning as defined in line 2 Section 21071 of the Public Resources Code. line 3 (VI)  (ia)  “Very low vehicle travel area” means an urbanized line 4 area, as designated by the United States Census Bureau, where the line 5 existing residential development generates vehicle miles traveled line 6 per capita that is below 85 percent of either regional vehicle miles line 7 traveled per capita or city vehicle miles traveled per capita. line 8 (ib)  For purposes of sub-subclause (ia), “area” may include a line 9 travel analysis zone, hexagon, or grid. line 10 (ic)  For the purposes of determining “regional vehicle miles line 11 traveled per capita” pursuant to sub-subclause (ia), a “region” is line 12 the entirety of incorporated and unincorporated areas governed by line 13 a multicounty or single-county metropolitan planning organization, line 14 or the entirety of the incorporated and unincorporated areas of an line 15 individual county that is not part of a metropolitan planning line 16 organization. line 17 (iii)  This subparagraph shall not be construed to require a local line 18 agency to determine that a project is exempt if, on the record before line 19 the local agency, the project is not eligible for exemption. line 20 (iv)  This subparagraph shall become inoperative on January 1, line 21 2031. line 22 (E)  Fails to adopt a negative declaration or addendum for the line 23 project, to certify an environmental impact report for the project, line 24 or to approve another comparable environmental document, such line 25 as a sustainable communities environmental assessment pursuant line 26 to Section 21155.2 of the Public Resources Code, as required line 27 pursuant to the California Environmental Quality Act (Division line 28 13 (commencing with Section 21000) of the Public Resources line 29 Code), if all of the following conditions are satisfied: line 30 (i)  There is substantial evidence in the record before the local line 31 agency that the site of the housing development project is not line 32 located on either of the following: line 33 (I)  On a site specified in subparagraphs (A) to (C), inclusive, line 34 or subparagraphs (E) to (K), inclusive, of paragraph (6) of line 35 subdivision (a) of Section 65913.4. line 36 (II)  Within a very high fire hazard severity zone, as determined line 37 by the Department of Forestry and Fire Protection pursuant to line 38 Section 51178, or within a high or very high fire hazard severity line 39 zone as indicated on maps adopted by the Department of Forestry 97 — 28 — AB 1886 129 line 1 and Fire Protection pursuant to Section 4202 of the Public line 2 Resources Code. line 3 (ii)  The housing development project is located on a legal parcel line 4 or parcels within an urbanized area and meets one or more of the line 5 following criteria: line 6 (I)  The housing development project is located within one-half line 7 mile walking distance to either a high-quality transit corridor or a line 8 major transit stop. line 9 (II)  The housing development project is located in a very low line 10 vehicle travel area. line 11 (III)  The housing development project is proximal to six or more line 12 amenities pursuant to subclause (IV) of clause (vii) as of the date line 13 of submission of the application for the project. line 14 (IV)  Parcels that are developed with urban uses adjoin at least line 15 75 percent of the perimeter of the project site or at least three sides line 16 of a four-sided project site. For purposes of this clause, parcels line 17 that are only separated by a street or highway shall be considered line 18 to be adjoined. line 19 (iii)  The density of the housing development project meets or line 20 exceeds 15 dwelling units per acre. line 21 (iv)  There has been prepared a negative declaration, addendum, line 22 environmental impact report, or comparable environmental review line 23 document that, if duly adopted, approved, or certified by the local line 24 agency, would satisfy the requirements of the California line 25 Environmental Quality Act (Division 13 (commencing with Section line 26 21000) of the Public Resources Code) with respect to the project. line 27 (v)  The local agency or a body or official to which the agency line 28 has delegated authority to adopt, approve, or certify the negative line 29 declaration addendum, environmental impact report, or comparable line 30 environmental review document has held a meeting at which line 31 adoption, approval, or certification of the environmental review line 32 document was on the agenda and the environmental review line 33 document could have been adopted, approved, or certified, as line 34 applicable, but the agency did either of the following: line 35 (I)  Committed an abuse of discretion, as defined in this line 36 subparagraph. line 37 (II)  Failed to decide whether to require further study or to adopt, line 38 approve, or certify the environmental document. line 39 (vi)  (I)  The applicant has given timely written notice to the line 40 local agency of the action or inaction that the applicant believes 97 AB 1886 — 29 — 130 line 1 constitutes a failure to decide or an abuse of discretion, and the line 2 local agency did not make a lawful determination about whether line 3 to adopt, approve, or certify the environmental review document line 4 within 90 days of the applicant’s written notice. The applicant’s line 5 written notice shall include a copy of those excerpts from the record line 6 that constitute substantial evidence that the criteria of clauses (i) line 7 to (iv), inclusive, are satisfied. line 8 (II)  If the local agency has voted to require further study, rather line 9 than adopting, approving, or certifying the negative declaration, line 10 addendum, environmental impact report, or comparable line 11 environmental review document in the form it was presented for line 12 the agency’s consideration, the applicant’s notice shall be deemed line 13 timely if and only if it is delivered to the local agency within 35 line 14 days of the date that the local agency gave written notice of its line 15 decision to the applicant. line 16 (III)  If the local agency has not voted to require further study, line 17 rather than adopting, approving, or certifying the negative line 18 declaration, addendum, environmental impact report, or comparable line 19 environmental review document in the form it was presented for line 20 the agency’s consideration, the applicant’s notice shall be deemed line 21 timely if given after the time period specified in Section 21151.5 line 22 of the Public Resources Code or another applicable provision of line 23 that code for completing the addendum, negative declaration, line 24 environmental impact report, or other comparable environmental line 25 review document, as applicable, has passed. If the Public Resources line 26 Code does not specifically describe the deadline to complete the line 27 applicable environmental document, a 180-day deadline is the line 28 applicable time period. line 29 (vii)  For purposes of this subparagraph, the following definitions line 30 apply: line 31 (I)  (ia)  “Abuse of discretion” means either of the following: line 32 (Ia)  If the local agency fails to adopt a negative declaration, line 33 “abuse of discretion” means that the agency, in bad faith or without line 34 substantial evidence in the record to support a fair argument that line 35 further environmental study is necessary to identify or analyze line 36 potentially significant impacts on the physical environment, line 37 decided to require further environmental study rather than adopting line 38 the negative declaration. line 39 (Ib)  If the local agency fails to adopt an addendum for the line 40 project, certify an environmental impact report for the project, or 97 — 30 — AB 1886 131 line 1 approve another comparable environmental document, “abuse of line 2 discretion” means that the agency, in bad faith or without line 3 substantial evidence in the record that further environmental study line 4 is legally required to identify or analyze potentially significant line 5 impacts on the physical environment, decided to require further line 6 environmental study rather than adopting, approving, or certifying line 7 the environmental review document. line 8 (ib)  This subclause sets forth the exclusive definition of “abuse line 9 of discretion” for purposes of this subparagraph. line 10 (II)  “High-quality transit corridor” has the same meaning defined line 11 in subdivision (b) of Section 21155 of the Public Resources Code. line 12 (III)  “Major transit stop” has the same meaning as defined in line 13 Section 21064.3 of the Public Resources Code. line 14 (IV)  “Proximal” to an amenity means either of the following: line 15 (ia)  Within one-half mile of either of the following amenities: line 16 (Ia)  A bus station. line 17 (Ib)  A ferry terminal. line 18 (ib)  Within one mile, or for a parcel in a rural area, as defined line 19 in Section 50199.21 of the Health and Safety Code, within two line 20 miles, of any of the following amenities: line 21 (Ia)  A supermarket or grocery store. line 22 (Ib)  A public park. line 23 (Ic)  A community center. line 24 (Id)  A pharmacy or drugstore. line 25 (Ie)  A medical clinic or hospital. line 26 (If)  A public library. line 27 (Ig)  A school that maintains a kindergarten or any of grades 1 line 28 to 12, inclusive. line 29 (V)  “Urbanized area” has the same meaning as defined in line 30 Section 21071 of the Public Resources Code. line 31 (VI)  (ia)  “Very low vehicle travel area” means an urbanized line 32 area, as designated by the United States Census Bureau, where the line 33 existing residential development generates vehicle miles traveled line 34 per capita that is below 85 percent of either regional vehicle miles line 35 traveled per capita or city vehicle miles traveled per capita. line 36 (ib)  For purposes of sub-subclause (ia), “area” may include a line 37 travel analysis zone, hexagon, or grid. line 38 (ic)  For the purposes of determining “regional vehicle miles line 39 traveled per capita” pursuant to sub-subclause (ia), a “region” is line 40 the entirety of incorporated and unincorporated areas governed by 97 AB 1886 — 31 — 132 line 1 a multicounty or single-county metropolitan planning organization, line 2 or the entirety of the incorporated and unincorporated areas of an line 3 individual county that is not part of a metropolitan planning line 4 organization. line 5 (viii)  This subparagraph shall become inoperative on January line 6 1, 2031. line 7 (7)  (A)  For purposes of this section, “lawful determination” line 8 means any final decision about whether to approve or disapprove line 9 a statutory or categorical exemption or a negative declaration, line 10 addendum, environmental impact report, or comparable line 11 environmental review document under the California line 12 Environmental Quality Act (Division 13 (commencing with Section line 13 21000) of the Public Resources Code) that is not an abuse of line 14 discretion, as defined in clause (ii) of subparagraph (D) of line 15 paragraph (6) or clause (vii) of subparagraph (E) of paragraph (6). line 16 (B)  This paragraph shall become inoperative on January 1, 2031. line 17 (8)  “Lower density” includes any conditions that have the same line 18 effect or impact on the ability of the project to provide housing. line 19 (9)  Until January 1, 2030, “objective” means involving no line 20 personal or subjective judgment by a public official and being line 21 uniformly verifiable by reference to an external and uniform line 22 benchmark or criterion available and knowable by both the line 23 development applicant or proponent and the public official. line 24 (10)  Notwithstanding any other law, until January 1, 2030, line 25 “determined to be complete” means that the applicant has submitted line 26 a complete application pursuant to Section 65943. line 27 (i)  If any city, county, or city and county denies approval or line 28 imposes conditions, including design changes, lower density, or line 29 a reduction of the percentage of a lot that may be occupied by a line 30 building or structure under the applicable planning and zoning in line 31 force at the time the housing development project’s application is line 32 complete, that have a substantial adverse effect on the viability or line 33 affordability of a housing development for very low, low-, or line 34 moderate-income households, and the denial of the development line 35 or the imposition of conditions on the development is the subject line 36 of a court action which challenges the denial or the imposition of line 37 conditions, then the burden of proof shall be on the local legislative line 38 body to show that its decision is consistent with the findings as line 39 described in subdivision (d), and that the findings are supported 97 — 32 — AB 1886 133 line 1 by a preponderance of the evidence in the record, and with the line 2 requirements of subdivision (o). line 3 (j)  (1)  When a proposed housing development project complies line 4 with applicable, objective general plan, zoning, and subdivision line 5 standards and criteria, including design review standards, in effect line 6 at the time that the application was deemed complete, but the local line 7 agency proposes to disapprove the project or to impose a condition line 8 that the project be developed at a lower density, the local agency line 9 shall base its decision regarding the proposed housing development line 10 project upon written findings supported by a preponderance of the line 11 evidence on the record that both of the following conditions exist: line 12 (A)  The housing development project would have a specific, line 13 adverse impact upon the public health or safety unless the project line 14 is disapproved or approved upon the condition that the project be line 15 developed at a lower density. As used in this paragraph, a “specific, line 16 adverse impact” means a significant, quantifiable, direct, and line 17 unavoidable impact, based on objective, identified written public line 18 health or safety standards, policies, or conditions as they existed line 19 on the date the application was deemed complete. line 20 (B)  There is no feasible method to satisfactorily mitigate or line 21 avoid the adverse impact identified pursuant to paragraph (1), other line 22 than the disapproval of the housing development project or the line 23 approval of the project upon the condition that it be developed at line 24 a lower density. line 25 (2)  (A)  If the local agency considers a proposed housing line 26 development project to be inconsistent, not in compliance, or not line 27 in conformity with an applicable plan, program, policy, ordinance, line 28 standard, requirement, or other similar provision as specified in line 29 this subdivision, it shall provide the applicant with written line 30 documentation identifying the provision or provisions, and an line 31 explanation of the reason or reasons it considers the housing line 32 development to be inconsistent, not in compliance, or not in line 33 conformity as follows: line 34 (i)  Within 30 days of the date that the application for the housing line 35 development project is determined to be complete, if the housing line 36 development project contains 150 or fewer housing units. line 37 (ii)  Within 60 days of the date that the application for the line 38 housing development project is determined to be complete, if the line 39 housing development project contains more than 150 units. 97 AB 1886 — 33 — 134 line 1 (B)  If the local agency fails to provide the required line 2 documentation pursuant to subparagraph (A), the housing line 3 development project shall be deemed consistent, compliant, and line 4 in conformity with the applicable plan, program, policy, ordinance, line 5 standard, requirement, or other similar provision. line 6 (3)  For purposes of this section, the receipt of a density bonus, line 7 incentive, concession, waiver, or reduction of development line 8 standards pursuant to Section 65915 shall not constitute a valid line 9 basis on which to find a proposed housing development project is line 10 inconsistent, not in compliance, or not in conformity, with an line 11 applicable plan, program, policy, ordinance, standard, requirement, line 12 or other similar provision specified in this subdivision. line 13 (4)  For purposes of this section, a proposed housing development line 14 project is not inconsistent with the applicable zoning standards line 15 and criteria, and shall not require a rezoning, if the housing line 16 development project is consistent with the objective general plan line 17 standards and criteria but the zoning for the project site is line 18 inconsistent with the general plan. If the local agency has complied line 19 with paragraph (2), the local agency may require the proposed line 20 housing development project to comply with the objective line 21 standards and criteria of the zoning which is consistent with the line 22 general plan, however, the standards and criteria shall be applied line 23 to facilitate and accommodate development at the density allowed line 24 on the site by the general plan and proposed by the proposed line 25 housing development project. line 26 (k)  (1)  (A)  (i)  The applicant, a person who would be eligible line 27 to apply for residency in the housing development project or line 28 emergency shelter, or a housing organization may bring an action line 29 to enforce this section. If, in any action brought to enforce this line 30 section, a court finds that any of the following are met, the court line 31 shall issue an order pursuant to clause (ii): line 32 (I)  The local agency, in violation of subdivision (d), disapproved line 33 a housing development project or conditioned its approval in a line 34 manner rendering it infeasible for the development of an emergency line 35 shelter, or housing for very low, low-, or moderate-income line 36 households, including farmworker housing, without making the line 37 findings required by this section or without making findings line 38 supported by a preponderance of the evidence. line 39 (II)  The local agency, in violation of subdivision (j), disapproved line 40 a housing development project complying with applicable, 97 — 34 — AB 1886 135 line 1 objective general plan and zoning standards and criteria, or imposed line 2 a condition that the project be developed at a lower density, without line 3 making the findings required by this section or without making line 4 findings supported by a preponderance of the evidence. line 5 (III)  (ia)  Subject to sub-subclause (ib), the local agency, in line 6 violation of subdivision (o), required or attempted to require a line 7 housing development project to comply with an ordinance, policy, line 8 or standard not adopted and in effect when a preliminary line 9 application was submitted. line 10 (ib)  This subclause shall become inoperative on January 1, 2030. line 11 (ii)  If the court finds that one of the conditions in clause (i) is line 12 met, the court shall issue an order or judgment compelling line 13 compliance with this section within 60 days, including, but not line 14 limited to, an order that the local agency take action on the housing line 15 development project or emergency shelter. The court may issue line 16 an order or judgment directing the local agency to approve the line 17 housing development project or emergency shelter if the court line 18 finds that the local agency acted in bad faith when it disapproved line 19 or conditionally approved the housing development or emergency line 20 shelter in violation of this section. The court shall retain jurisdiction line 21 to ensure that its order or judgment is carried out and shall award line 22 reasonable attorney’s fees and costs of suit to the plaintiff or line 23 petitioner, provided, however, that the court shall not award line 24 attorney’s fees in either of the following instances: line 25 (I)  The court finds, under extraordinary circumstances, that line 26 awarding fees would not further the purposes of this section. line 27 (II)  (ia)  In a case concerning a disapproval within the meaning line 28 of subparagraph (D) or (E) of paragraph (6) of subdivision (h), the line 29 court finds that the local agency acted in good faith and had line 30 reasonable cause to disapprove the housing development project line 31 due to the existence of a controlling question of law about the line 32 application of the California Environmental Quality Act (Division line 33 13 (commencing with Section 21000) of the Public Resources line 34 Code) or implementing guidelines as to which there was a line 35 substantial ground for difference of opinion at the time of the line 36 disapproval. line 37 (ib)  This subclause shall become inoperative on January 1, 2031. line 38 (B)  Upon a determination that the local agency has failed to line 39 comply with the order or judgment compelling compliance with line 40 this section within 60 days issued pursuant to subparagraph (A), 97 AB 1886 — 35 — 136 line 1 the court shall impose fines on a local agency that has violated this line 2 section and require the local agency to deposit any fine levied line 3 pursuant to this subdivision into a local housing trust fund. The line 4 local agency may elect to instead deposit the fine into the Building line 5 Homes and Jobs Trust Fund. The fine shall be in a minimum line 6 amount of ten thousand dollars ($10,000) per housing unit in the line 7 housing development project on the date the application was line 8 deemed complete pursuant to Section 65943. In determining the line 9 amount of fine to impose, the court shall consider the local line 10 agency’s progress in attaining its target allocation of the regional line 11 housing need pursuant to Section 65584 and any prior violations line 12 of this section. Fines shall not be paid out of funds already line 13 dedicated to affordable housing, including, but not limited to, Low line 14 and Moderate Income Housing Asset Funds, funds dedicated to line 15 housing for very low, low-, and moderate-income households, and line 16 federal HOME Investment Partnerships Program and Community line 17 Development Block Grant Program funds. The local agency shall line 18 commit and expend the money in the local housing trust fund line 19 within five years for the sole purpose of financing newly line 20 constructed housing units affordable to extremely low, very low, line 21 or low-income households. After five years, if the funds have not line 22 been expended, the money shall revert to the state and be deposited line 23 in the Building Homes and Jobs Trust Fund for the sole purpose line 24 of financing newly constructed housing units affordable to line 25 extremely low, very low, or low-income households. line 26 (C)  If the court determines that its order or judgment has not line 27 been carried out within 60 days, the court may issue further orders line 28 as provided by law to ensure that the purposes and policies of this line 29 section are fulfilled, including, but not limited to, an order to vacate line 30 the decision of the local agency and to approve the housing line 31 development project, in which case the application for the housing line 32 development project, as proposed by the applicant at the time the line 33 local agency took the initial action determined to be in violation line 34 of this section, along with any standard conditions determined by line 35 the court to be generally imposed by the local agency on similar line 36 projects, shall be deemed to be approved unless the applicant line 37 consents to a different decision or action by the local agency. line 38 (2)  For purposes of this subdivision, “housing organization” line 39 means a trade or industry group whose local members are primarily line 40 engaged in the construction or management of housing units or a 97 — 36 — AB 1886 137 line 1 nonprofit organization whose mission includes providing or line 2 advocating for increased access to housing for low-income line 3 households and have filed written or oral comments with the local line 4 agency prior to action on the housing development project. A line 5 housing organization may only file an action pursuant to this line 6 section to challenge the disapproval of a housing development by line 7 a local agency. A housing organization shall be entitled to line 8 reasonable attorney’s fees and costs if it is the prevailing party in line 9 an action to enforce this section. line 10 (l)  If the court finds that the local agency (1) acted in bad faith line 11 when it disapproved or conditionally approved the housing line 12 development or emergency shelter in violation of this section and line 13 (2) failed to carry out the court’s order or judgment within 60 days line 14 as described in subdivision (k), the court, in addition to any other line 15 remedies provided by this section, shall multiply the fine line 16 determined pursuant to subparagraph (B) of paragraph (1) of line 17 subdivision (k) by a factor of five. For purposes of this section, line 18 “bad faith” includes, but is not limited to, an action that is frivolous line 19 or otherwise entirely without merit. line 20 (m)  (1)  Any action brought to enforce the provisions of this line 21 section shall be brought pursuant to Section 1094.5 of the Code line 22 of Civil Procedure, and the local agency shall prepare and certify line 23 the record of proceedings in accordance with subdivision (c) of line 24 Section 1094.6 of the Code of Civil Procedure no later than 30 line 25 days after the petition is served, provided that the cost of line 26 preparation of the record shall be borne by the local agency, unless line 27 the petitioner elects to prepare the record as provided in subdivision line 28 (n) of this section. A petition to enforce the provisions of this line 29 section shall be filed and served no later than 90 days from the line 30 later of (1) the effective date of a decision of the local agency line 31 imposing conditions on, disapproving, or any other final action on line 32 a housing development project or (2) the expiration of the time line 33 periods specified in subparagraph (B) of paragraph (5) of line 34 subdivision (h). Upon entry of the trial court’s order, a party may, line 35 in order to obtain appellate review of the order, file a petition line 36 within 20 days after service upon it of a written notice of the entry line 37 of the order, or within such further time not exceeding an additional line 38 20 days as the trial court may for good cause allow, or may appeal line 39 the judgment or order of the trial court under Section 904.1 of the line 40 Code of Civil Procedure. If the local agency appeals the judgment 97 AB 1886 — 37 — 138 line 1 of the trial court, the local agency shall post a bond, in an amount line 2 to be determined by the court, to the benefit of the plaintiff if the line 3 plaintiff is the project applicant. line 4 (2)  (A)  A disapproval within the meaning of subparagraph (D) line 5 of paragraph (6) of subdivision (h) shall be final for purposes of line 6 this subdivision, if the local agency did not make a lawful line 7 determination within the time period set forth in subclause (V) of line 8 clause (i) of that subparagraph after the applicant’s timely written line 9 notice. line 10 (B)  This paragraph shall become inoperative on January 1, 2031. line 11 (3)  (A)  A disapproval within the meaning of subparagraph (E) line 12 of paragraph (6) of subdivision (h) shall be final for purposes of line 13 this subdivision, if the local agency did not make a lawful line 14 determination within 90 days of the applicant’s timely written line 15 notice. line 16 (B)  This paragraph shall become inoperative on January 1, 2031. line 17 (n)  In any action, the record of the proceedings before the local line 18 agency shall be filed as expeditiously as possible and, line 19 notwithstanding Section 1094.6 of the Code of Civil Procedure or line 20 subdivision (m) of this section, all or part of the record may be line 21 prepared (1) by the petitioner with the petition or petitioner’s points line 22 and authorities, (2) by the respondent with respondent’s points and line 23 authorities, (3) after payment of costs by the petitioner, or (4) as line 24 otherwise directed by the court. If the expense of preparing the line 25 record has been borne by the petitioner and the petitioner is the line 26 prevailing party, the expense shall be taxable as costs. line 27 (o)  (1)  (A)  Subject to paragraphs (2), (6), and (7), and line 28 subdivision (d) of Section 65941.1, a housing development project line 29 shall be subject only to the ordinances, policies, and standards line 30 adopted and in effect when a preliminary application including all line 31 of the information required by subdivision (a) of Section 65941.1 line 32 was submitted. line 33 (B)  For purposes of a local agency’s approval, conditional line 34 approval, or disapproval of a housing development project pursuant line 35 to subdivision (d), a housing element or amendment shall be line 36 considered in substantial compliance with this article only if the line 37 element or amendment was in substantial compliance, as line 38 determined by the department or a court of competent jurisdiction, line 39 when a preliminary application, including all of the information line 40 required by subdivision (a) of Section 65941.1, was submitted or, 97 — 38 — AB 1886 139 line 1 if a preliminary application was not submitted, when a complete line 2 application pursuant to Section 65943 was submitted. This line 3 subparagraph does not constitute a change in, but is declaratory line 4 of, existing law. line 5 (2)  Paragraph (1) shall not prohibit a housing development line 6 project from being subject to ordinances, policies, and standards line 7 adopted after the preliminary application was submitted pursuant line 8 to Section 65941.1 in the following circumstances: line 9 (A)  In the case of a fee, charge, or other monetary exaction, to line 10 an increase resulting from an automatic annual adjustment based line 11 on an independently published cost index that is referenced in the line 12 ordinance or resolution establishing the fee or other monetary line 13 exaction. line 14 (B)  A preponderance of the evidence in the record establishes line 15 that subjecting the housing development project to an ordinance, line 16 policy, or standard beyond those in effect when a preliminary line 17 application was submitted is necessary to mitigate or avoid a line 18 specific, adverse impact upon the public health or safety, as defined line 19 in subparagraph (A) of paragraph (1) of subdivision (j), and there line 20 is no feasible alternative method to satisfactorily mitigate or avoid line 21 the adverse impact. line 22 (C)  Subjecting the housing development project to an ordinance, line 23 policy, standard, or any other measure, beyond those in effect when line 24 a preliminary application was submitted is necessary to avoid or line 25 substantially lessen an impact of the project under the California line 26 Environmental Quality Act (Division 13 (commencing with Section line 27 21000) of the Public Resources Code). line 28 (D)  The housing development project has not commenced line 29 construction within two and one-half years, or three and one-half line 30 years for an affordable housing project, following the date that the line 31 project received final approval. For purposes of this subparagraph: line 32 (i)  “Affordable housing project” means a housing development line 33 that satisfies both of the following requirements: line 34 (I)  Units within the development are subject to a recorded line 35 affordability restriction for at least 55 years for rental housing and line 36 45 years for owner-occupied housing, or the first purchaser of each line 37 unit participates in an equity sharing agreement as described in line 38 subparagraph (C) of paragraph (2) of subdivision (c) of Section line 39 65915. 97 AB 1886 — 39 — 140 line 1 (II)  All of the units within the development, excluding managers’ line 2 units, are dedicated to lower income households, as defined by line 3 Section 50079.5 of the Health and Safety Code. line 4 (ii)  “Final approval” means that the housing development project line 5 has received all necessary approvals to be eligible to apply for, line 6 and obtain, a building permit or permits and either of the following line 7 is met: line 8 (I)  The expiration of all applicable appeal periods, petition line 9 periods, reconsideration periods, or statute of limitations for line 10 challenging that final approval without an appeal, petition, request line 11 for reconsideration, or legal challenge having been filed. line 12 (II)  If a challenge is filed, that challenge is fully resolved or line 13 settled in favor of the housing development project. line 14 (E)  The housing development project is revised following line 15 submittal of a preliminary application pursuant to Section 65941.1 line 16 such that the number of residential units or square footage of line 17 construction changes by 20 percent or more, exclusive of any line 18 increase resulting from the receipt of a density bonus, incentive, line 19 concession, waiver, or similar provision, including any other locally line 20 authorized program that offers additional density or other line 21 development bonuses when affordable housing is provided. For line 22 purposes of this subdivision, “square footage of construction” line 23 means the building area, as defined by the California Building line 24 Standards Code (Title 24 of the California Code of Regulations). line 25 (3)  This subdivision does not prevent a local agency from line 26 subjecting the additional units or square footage of construction line 27 that result from project revisions occurring after a preliminary line 28 application is submitted pursuant to Section 65941.1 to the line 29 ordinances, policies, and standards adopted and in effect when the line 30 preliminary application was submitted. line 31 (4)  For purposes of this subdivision, “ordinances, policies, and line 32 standards” includes general plan, community plan, specific plan, line 33 zoning, design review standards and criteria, subdivision standards line 34 and criteria, and any other rules, regulations, requirements, and line 35 policies of a local agency, as defined in Section 66000, including line 36 those relating to development impact fees, capacity or connection line 37 fees or charges, permit or processing fees, and other exactions. line 38 (5)  This subdivision shall not be construed in a manner that line 39 would lessen the restrictions imposed on a local agency, or lessen line 40 the protections afforded to a housing development project, that are 97 — 40 — AB 1886 141 line 1 established by any other law, including any other part of this line 2 section. line 3 (6)  This subdivision shall not restrict the authority of a public line 4 agency or local agency to require mitigation measures to lessen line 5 the impacts of a housing development project under the California line 6 Environmental Quality Act (Division 13 (commencing with Section line 7 21000) of the Public Resources Code). line 8 (7)  With respect to completed residential units for which the line 9 project approval process is complete and a certificate of occupancy line 10 has been issued, nothing in this subdivision shall limit the line 11 application of later enacted ordinances, policies, and standards line 12 that regulate the use and occupancy of those residential units, such line 13 as ordinances relating to rental housing inspection, rent line 14 stabilization, restrictions on short-term renting, and business line 15 licensing requirements for owners of rental housing. line 16 (8)  (A)  This subdivision shall apply to a housing development line 17 project that submits a preliminary application pursuant to Section line 18 65941.1 before January 1, 2030. line 19 (B)  This subdivision shall become inoperative on January 1, line 20 2034. line 21 (p)  (1)  Upon any motion for an award of attorney’s fees line 22 pursuant to Section 1021.5 of the Code of Civil Procedure, in a line 23 case challenging a local agency’s approval of a housing line 24 development project, a court, in weighing whether a significant line 25 benefit has been conferred on the general public or a large class line 26 of persons and whether the necessity of private enforcement makes line 27 the award appropriate, shall give due weight to the degree to which line 28 the local agency’s approval furthers policies of this section, line 29 including, but not limited to, subdivisions (a), (b), and (c), the line 30 suitability of the site for a housing development, and the line 31 reasonableness of the decision of the local agency. It is the intent line 32 of the Legislature that attorney’s fees and costs shall rarely, if ever, line 33 be awarded if a local agency, acting in good faith, approved a line 34 housing development project that satisfies conditions established line 35 in subclauses (I), (II), and (III) of clause (i) of subparagraph (D) line 36 of paragraph (6) of subdivision (h) or clauses (i), (ii), and (iii) of line 37 subparagraph (E) of paragraph (6) of subdivision (h). line 38 (2)  This subdivision shall become inoperative on January 1, line 39 2031. 97 AB 1886 — 41 — 142 line 1 (q)  This section shall be known, and may be cited, as the line 2 Housing Accountability Act. line 3 (r)  The provisions of this section are severable. If any provision line 4 of this section or its application is held invalid, that invalidity shall line 5 not affect other provisions or applications that can be given effect line 6 without the invalid provision or application. line 7 SEC. 3. No reimbursement is required by this act pursuant to line 8 Section 6 of Article XIIIB of the California Constitution because line 9 a local agency or school district has the authority to levy service line 10 charges, fees, or assessments sufficient to pay for the program or line 11 level of service mandated by this act, within the meaning of Section line 12 17556 of the Government Code. O 97 — 42 — AB 1886 143 CITY OF HUNTINGTON BEACH 2000 MAIN STREET, HUNTINGTON BEACH, CALIFORNIA 92648-2702 GRACEY VAN DER MARK MAYOR 714.536.5553 May 8, 2024 Honorable Toni Atkins California State Senate 1020 O Street, Rm 8610 Sacramento, CA 95814 Re: SB 450—Oppose Dear Senator Atkins: On behalf of the City of Huntington Beach, I write in opposition to SB 450, which would, require a local government to consider and approve an application for a duplex in an area zoned for single- family homes and lot splitting of a residentially zoned parcel within 60 days and prohibit that local government from imposing object standards on a proposed duplex project. Local control in land use planning and zoning is crucial for ensuring that development aligns with the unique needs, character, and aspirations of a community. This is paramount for the City of Huntington Beach. Our local government should retain the ability to shape land use policies and our decisions can be tailored to reflect the specific socioeconomic, environmental, and cultural context of our city. This process fosters greater community engagement and participation, allowing residents to have a direct voice in shaping the future of their neighborhoods and promotes responsible growth. SB 450 exacerbates the breakdown of local control that was authorized with the passage of SB 9 (Atkins, Chapter 162, 2021). SB 450 specifies that any duplex or lot splitting permit shall be deemed approved if the city does not respond within 60 days. Moreover, it specifies that we cannot use a project’s adverse impact to deny a project. As we work to review all development permits expeditiously, we must use our due diligence to guide our decision making, including reviewing impacts to the surrounding natural and built environment. As a city, it is within our rights and obligation to do so. Removing this responsibility to respond in the best interests of our residents is irresponsible. Ultimately, by decentralizing decision-making authority to the local level, land use planning and zoning objectives can better serve the interests of the people they impact, fostering a vibrant and resilient community. For these reasons, we oppose SB 450. Sincerely, Gracey Van Der Mark Mayor Cc: Huntington Beach City Council 144 AMENDED IN ASSEMBLY SEPTEMBER 1, 2023 AMENDED IN SENATE MARCH 16, 2023 SENATE BILL No. 450 Introduced by Senator Atkins February 13, 2023 An act to amend Sections 65585, 65852.21, and 66411.7 of the Government Code, relating to land use. legislative counsel’s digest SB 450, as amended, Atkins. Housing development: approvals. (1)  The Planning and Zoning Law provides for the creation of accessory dwelling units by local ordinance, or, if a local agency has not adopted an ordinance, by ministerial approval, in accordance with specified standards and conditions. Existing law requires a proposed housing development containing no more than 2 residential units within a single-family residential zone to be considered ministerially, without discretionary review or hearing, if the proposed housing development meets certain requirements, including that the proposed housing development does not allow for the demolition of more than 25% of the existing exterior structural walls, except as provided. Existing law authorizes a local agency to impose objective zoning standards, objective subdivision standards, and objective design standards, as defined, except as specified, on the proposed housing development. Existing law authorizes a local agency to deny a proposed housing development if specified conditions are met, including that the building official makes a written finding that the proposed housing development project would have a specific, adverse impact upon public health and safety or the physical environment, as provided. 97 145 This bill would remove the requirement that a proposed housing development does not allow for the demolition of more than 25% of the existing exterior structural walls to be considered ministerially. The bill would prohibit a local agency from imposing objective zoning standards, objective subdivision standards, and objective design standards that do not apply uniformly to development within the underlying zone. This zone, but would specify that these provisions do not prohibit a local agency from adopting or imposing objective zoning standards, objective subdivision standards, and objective design standards on the development if the standards are more permissive than applicable standards within the underlying zone. The bill would remove the authorization for a local agency to deny a proposed housing development if the building official makes a written finding that the proposed housing development project would have a specific, adverse impact upon the physical environment. The bill would require the local agency to consider and approve or deny the proposed housing development application within 60 days from the date the local agency receives the completed application, and would deem the application approved after that time. The bill would require a permitting agency, if it denies an application, to provide a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant. (2)  The Subdivision Map Act vests the authority to regulate and control the design and improvement of subdivisions in the legislative body of a local agency and sets forth procedures governing the local agency’s processing, approval, conditional approval or disapproval, and filing of tentative, final, and parcel maps, and the modification of those maps. Existing law requires a local agency to ministerially approve a parcel map for an urban lot split that meets certain requirements. Existing law authorizes a local agency to impose objective zoning standards, objective subdivision standards, and objective design standards, as defined, except as specified. Existing law authorizes a local agency to deny an urban lot split if specified conditions are met, including that the building official makes a written finding that the proposed housing development project would have a specific, adverse impact upon public health and safety or the physical environment, as provided. This bill would specify that objective zoning standards, objective subdivision standards, and objective design standards imposed by a local agency must be related to the design or improvements of a parcel. 97 — 2 — SB 450 146 This bill would remove the authorization for a local agency to deny a proposed housing development if the building official makes a written finding that the proposed housing development project would have a specific, adverse impact upon the physical environment. The bill would require the local agency to consider and approve or deny the proposed housing development application within 60 days from the date the local agency receives the completed application, and would deem the application approved after that time. The bill would require a permitting agency, if it denies an application, to provide a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant. (3)  The Planning and Zoning Law requires each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city and requires that general plan to include, among other mandatory elements, a housing element. Existing law requires a planning agency to submit a copy of its draft housing element or amendments to its housing element to the department for review, and requires the department to notify the city, city, county, or city and county if the department finds that the housing element or the amendment does not substantially comply with or is in violation of specified statutes. This bill would add the proposed housing development and urban lot split provisions described above to the list of statutes the department is required to notify a city, county, or city and county of when reviewing a housing element or amendment. (4)  By increasing the duties of local agencies with respect to land use regulations, the bill would impose a state-mandated local program. (4)  This bill would make additional nonsubstantive and conforming changes to these provisions. (5)   The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. (6)  By increasing the duties of local agencies with respect to land use regulations, the bill would impose a state-mandated local program. (6)  The The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. 97 SB 450 — 3 — 147 Vote: majority. Appropriation: no. Fiscal committee: yes.​ State-mandated local program: yes.​ The people of the State of California do enact as follows: line 1 SECTION 1. Section 65585 of the Government Code is line 2 amended to read: line 3 65585. (a)  In the preparation of its housing element, each city line 4 and county shall consider the guidelines adopted by the department line 5 pursuant to Section 50459 of the Health and Safety Code. Those line 6 guidelines shall be advisory to each city or county in the line 7 preparation of its housing element. line 8 (b)  (1)  At least 90 days prior to adoption of a revision of its line 9 housing element pursuant to subdivision (e) of Section 65588, or line 10 at least 60 days prior to the adoption of a subsequent amendment line 11 to this element, the planning agency shall submit a draft element line 12 revision or draft amendment to the department. The local line 13 government of the planning agency shall make the first draft line 14 revision of a housing element available for public comment for at line 15 least 30 days and, if any comments are received, the local line 16 government shall take at least 10 business days after the 30-day line 17 public comment period to consider and incorporate public line 18 comments into the draft revision prior to submitting it to the line 19 department. For any subsequent draft revision, the local line 20 government shall post the draft revision on its internet website and line 21 shall email a link to the draft revision to all individuals and line 22 organizations that have previously requested notices relating to line 23 the local government’s housing element at least seven days before line 24 submitting the draft revision to the department. line 25 (2)  The planning agency staff shall collect and compile the line 26 public comments regarding the housing element received by the line 27 city, county, or city and county, and provide these comments to line 28 each member of the legislative body before it adopts the housing line 29 element. line 30 (3)  The department shall review the draft and report its written line 31 findings to the planning agency within 90 days of its receipt of the line 32 first draft submittal for each housing element revision pursuant to line 33 subdivision (e) of Section 65588 or within 60 days of its receipt line 34 of a subsequent draft amendment or an adopted revision or adopted line 35 amendment to an element. The department shall not review the 97 — 4 — SB 450 148 line 1 first draft submitted for each housing element revision pursuant line 2 to subdivision (e) of Section 65588 until the local government has line 3 made the draft available for public comment for at least 30 days line 4 and, if comments were received, has taken at least 10 business line 5 days to consider and incorporate public comments pursuant to line 6 paragraph (1). line 7 (c)  In the preparation of its findings, the department may consult line 8 with any public agency, group, or person. The department shall line 9 receive and consider any written comments from any public line 10 agency, group, or person regarding the draft or adopted element line 11 or amendment under review. line 12 (d)  In its written findings, the department shall determine line 13 whether the draft element or draft amendment substantially line 14 complies with this article. line 15 (e)  Prior to the adoption of its draft element or draft amendment, line 16 the legislative body shall consider the findings made by the line 17 department. If the department’s findings are not available within line 18 the time limits set by this section, the legislative body may act line 19 without them. line 20 (f)  If the department finds that the draft element or draft line 21 amendment does not substantially comply with this article, the line 22 legislative body shall take one of the following actions: line 23 (1)  Change the draft element or draft amendment to substantially line 24 comply with this article. line 25 (2)  Adopt the draft element or draft amendment without changes. line 26 The legislative body shall include in its resolution of adoption line 27 written findings which explain the reasons the legislative body line 28 believes that the draft element or draft amendment substantially line 29 complies with this article despite the findings of the department. line 30 (g)  Promptly following the adoption of its element or line 31 amendment, the planning agency shall submit a copy to the line 32 department. line 33 (h)  The department shall, within 90 days, review adopted line 34 housing elements or amendments and report its findings to the line 35 planning agency. line 36 (i)  (1)  (A)  The department shall review any action or failure line 37 to act by the city, county, or city and county that it determines is line 38 inconsistent with an adopted housing element or Section 65583, line 39 including any failure to implement any program actions included line 40 in the housing element pursuant to Section 65583. The department 97 SB 450 — 5 — 149 line 1 shall issue written findings to the city, county, or city and county line 2 as to whether the action or failure to act substantially complies line 3 with this article, and provide a reasonable time no longer than 30 line 4 days for the city, county, or city and county to respond to the line 5 findings before taking any other action authorized by this section, line 6 including the action authorized by subparagraph (B). line 7 (B)  If the department finds that the action or failure to act by line 8 the city, county, or city and county does not substantially comply line 9 with this article, and if it has issued findings pursuant to this section line 10 that an amendment to the housing element substantially complies line 11 with this article, the department may revoke its findings until it line 12 determines that the city, county, or city and county has come into line 13 compliance with this article. line 14 (2)  The department may consult with any local government, line 15 public agency, group, or person, and shall receive and consider line 16 any written comments from any public agency, group, or person, line 17 regarding the action or failure to act by the city, county, or city line 18 and county described in paragraph (1), in determining whether the line 19 housing element substantially complies with this article. line 20 (j)  The department shall notify the city, county, or city and line 21 county and may notify the office of the Attorney General that the line 22 city, county, or city and county is in violation of state law if the line 23 department finds that the housing element or an amendment to this line 24 element, or any action or failure to act described in subdivision line 25 (i), does not substantially comply with this article or that any local line 26 government has taken an action in violation of the following: line 27 (1)  Housing Accountability Act (Section 65589.5). line 28 (2)  Section 65863. line 29 (3)  Chapter 4.3 (commencing with Section 65915). line 30 (4)  Section 65008. line 31 (5)  Housing Crisis Act of 2019 (Chapter 654, Statutes of 2019, line 32 Sections 65941.1, 65943, and 66300). line 33 (6)  Section 8899.50. line 34 (7)  Section 65913.4. line 35 (8)  Article 11 (commencing with Section 65650). line 36 (9)  Article 12 (commencing with Section 65660). line 37 (10)  Section 65913.11. line 38 (11)  Section 65400. line 39 (12)  Section 65863.2. line 40 (13)  Chapter 4.1 (commencing with Section 65912.100). 97 — 6 — SB 450 150 line 1 (14)  Section 65852.21. line 2 (15)  Section 66411.7. line 3 (k)  Commencing July 1, 2019, prior to the Attorney General line 4 bringing any suit for a violation of the provisions identified in line 5 subdivision (j) related to housing element compliance and seeking line 6 remedies available pursuant to this subdivision, the department line 7 shall offer the jurisdiction the opportunity for two meetings in line 8 person or via telephone to discuss the violation, and shall provide line 9 the jurisdiction written findings regarding the violation. This line 10 paragraph does not affect any action filed prior to the effective line 11 date of this section. The requirements set forth in this subdivision line 12 do not apply to any suits brought for a violation or violations of line 13 paragraphs (1) and (3) to (9), inclusive, of subdivision (j). line 14 (l)  In any action or special proceeding brought by the Attorney line 15 General relating to housing element compliance pursuant to a line 16 notice or referral under subdivision (j), the Attorney General may line 17 request, upon a finding of the court that the housing element does line 18 not substantially comply with the requirements of this article line 19 pursuant to this section, that the court issue an order or judgment line 20 directing the jurisdiction to bring its housing element into line 21 substantial compliance with the requirements of this article. The line 22 court shall retain jurisdiction to ensure that its order or judgment line 23 is carried out. If a court determines that the housing element of line 24 the jurisdiction substantially complies with this article, it shall line 25 have the same force and effect, for purposes of eligibility for any line 26 financial assistance that requires a housing element in substantial line 27 compliance and for purposes of any incentives provided under line 28 Section 65589.9, as a determination by the department that the line 29 housing element substantially complies with this article. line 30 (1)  If the jurisdiction has not complied with the order or line 31 judgment after 12 months, the court shall conduct a status line 32 conference. Following the status conference, upon a determination line 33 that the jurisdiction failed to comply with the order or judgment line 34 compelling substantial compliance with the requirements of this line 35 article, the court shall impose fines on the jurisdiction, which shall line 36 be deposited into the Building Homes and Jobs Trust Fund. Any line 37 fine levied pursuant to this paragraph shall be in a minimum line 38 amount of ten thousand dollars ($10,000) per month, but shall not line 39 exceed one hundred thousand dollars ($100,000) per month, except line 40 as provided in paragraphs (2) and (3). In the event that the 97 SB 450 — 7 — 151 line 1 jurisdiction fails to pay fines imposed by the court in full and on line 2 time, the court may require the Controller to intercept any available line 3 state and local funds and direct such those funds to the Building line 4 Homes and Jobs Trust Fund to correct the jurisdiction’s failure to line 5 pay. The intercept of the funds by the Controller for this purpose line 6 shall not violate any provision of the California Constitution. line 7 (2)  If the jurisdiction has not complied with the order or line 8 judgment after three months following the imposition of fees line 9 described in paragraph (1), the court shall conduct a status line 10 conference. Following the status conference, if the court finds that line 11 the fees imposed pursuant to paragraph (1) are insufficient to bring line 12 the jurisdiction into compliance with the order or judgment, the line 13 court may multiply the fine determined pursuant to paragraph (1) line 14 by a factor of three. In the event that the jurisdiction fails to pay line 15 fines imposed by the court in full and on time, the court may line 16 require the Controller to intercept any available state and local line 17 funds and direct such those funds to the Building Homes and Jobs line 18 Trust Fund to correct the jurisdiction’s failure to pay. The intercept line 19 of the funds by the Controller for this purpose shall not violate any line 20 provision of the California Constitution. line 21 (3)  If the jurisdiction has not complied with the order or line 22 judgment six months following the imposition of fees described line 23 in paragraph (1), the court shall conduct a status conference. Upon line 24 a determination that the jurisdiction failed to comply with the order line 25 or judgment, the court may impose the following: line 26 (A)  If the court finds that the fees imposed pursuant to line 27 paragraphs (1) and (2) are insufficient to bring the jurisdiction into line 28 compliance with the order or judgment, the court may multiply line 29 the fine determined pursuant to paragraph (1) by a factor of six. line 30 In the event that the jurisdiction fails to pay fines imposed by the line 31 court in full and on time, the court may require the Controller to line 32 intercept any available state and local funds and direct such those line 33 funds to the Building Homes and Jobs Trust Fund to correct the line 34 jurisdiction’s failure to pay. The intercept of the funds by the line 35 Controller for this purpose shall not violate any provision of the line 36 California Constitution. line 37 (B)  The court may order remedies available pursuant to Section line 38 564 of the Code of Civil Procedure, under which the agent of the line 39 court may take all governmental actions necessary to bring the line 40 jurisdiction’s housing element into substantial compliance pursuant 97 — 8 — SB 450 152 line 1 to this article in order to remedy identified deficiencies. The court line 2 shall determine whether the housing element of the jurisdiction line 3 substantially complies with this article and, once the court makes line 4 that determination, it shall have the same force and effect, for all line 5 purposes, as the department’s determination that the housing line 6 element substantially complies with this article. An agent appointed line 7 pursuant to this paragraph shall have expertise in planning in line 8 California. line 9 (4)  This subdivision does not limit a court’s discretion to apply line 10 any and all remedies in an action or special proceeding for a line 11 violation of any law identified in subdivision (j). line 12 (m)  In determining the application of the remedies available line 13 under subdivision (l), the court shall consider whether there are line 14 any mitigating circumstances delaying the jurisdiction from coming line 15 into compliance with state housing law. The court may consider line 16 whether a city, county, or city and county is making a good faith line 17 effort to come into substantial compliance or is facing substantial line 18 undue hardships. line 19 (n)  Nothing in this section shall limit the authority of the office line 20 of the Attorney General to bring a suit to enforce state law in an line 21 independent capacity. The office of the Attorney General may seek line 22 all remedies available under law including those set forth in this line 23 section. line 24 (o)  Notwithstanding Sections 11040 and 11042, if the Attorney line 25 General declines to represent the department in any action or line 26 special proceeding brought pursuant to a notice or referral under line 27 subdivision (j) the department may appoint or contract with other line 28 counsel for purposes of representing the department in the action line 29 or special proceeding. line 30 (p)  Notwithstanding any other provision of law, the statute of line 31 limitations set forth in subdivision (a) of Section 338 of the Code line 32 of Civil Procedure shall apply to any action or special proceeding line 33 brought by the Office office of the Attorney General or pursuant line 34 to a notice or referral under subdivision (j), or by the department line 35 pursuant to subdivision (o). line 36 SEC. 2. Section 65852.21 of the Government Code is amended line 37 to read: line 38 65852.21. (a)  A proposed housing development containing line 39 no more than two residential units within a single-family residential line 40 zone shall be considered ministerially, without discretionary review 97 SB 450 — 9 — 153 line 1 or a hearing, if the proposed housing development meets all of the line 2 following requirements: line 3 (1)  The parcel subject to the proposed housing development is line 4 located within a city, the boundaries of which include some portion line 5 of either an urbanized area or urban cluster, as designated by the line 6 United States Census Bureau, or, for unincorporated areas, a legal line 7 parcel wholly within the boundaries of an urbanized area or urban line 8 cluster, as designated by the United States Census Bureau. line 9 (2)  The parcel satisfies the requirements specified in line 10 subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision line 11 (a) of Section 65913.4. 65913.4, as that section read on September line 12 16, 2021. line 13 (3)  Notwithstanding any provision of this section or any local line 14 law, the proposed housing development would not require line 15 demolition or alteration of any of the following types of housing: line 16 (A)  Housing that is subject to a recorded covenant, ordinance, line 17 or law that restricts rents to levels affordable to persons and line 18 families of moderate, low, or very low income. line 19 (B)  Housing that is subject to any form of rent or price control line 20 through a public entity’s valid exercise of its police power. line 21 (C)  Housing that has been occupied by a tenant in the last three line 22 years. line 23 (4)  The parcel subject to the proposed housing development is line 24 not a parcel on which an owner of residential real property has line 25 exercised the owner’s rights under Chapter 12.75 (commencing line 26 with Section 7060) of Division 7 of Title 1 to withdraw line 27 accommodations from rent or lease within 15 years before the date line 28 that the development proponent submits an application. line 29 (5)  The development is not located within a historic district or line 30 property included on the State Historic Resources Inventory, as line 31 defined in Section 5020.1 of the Public Resources Code, or within line 32 a site that is designated or listed as a city or county landmark or line 33 historic property or district pursuant to a city or county ordinance. line 34 (b)  (1)  Notwithstanding any local law and except as provided line 35 in paragraphs (2) and (3), a local agency may impose objective line 36 zoning standards, objective subdivision standards, and objective line 37 design review standards that do not conflict with this section. line 38 (2)  (A)  The local agency shall not impose objective zoning line 39 standards, objective subdivision standards, and objective design line 40 standards that would have the effect of physically precluding the 97 — 10 — SB 450 154 line 1 construction of up to two units or that would physically preclude line 2 either of the two units from being at least 800 square feet in floor line 3 area. line 4 (B)  (i)  Notwithstanding subparagraph (A), no setback shall be line 5 required for an existing structure or a structure constructed in the line 6 same location and to the same dimensions as an existing structure. line 7 (ii)  Notwithstanding subparagraph (A), in all other circumstances line 8 not described in clause (i), a local agency may require a setback line 9 of up to four feet from the side and rear lot lines. line 10 (3)  A local agency shall not impose objective zoning standards, line 11 objective subdivision standards, and objective design standards line 12 that do not apply uniformly to development within the underlying line 13 zone. This subdivision shall not prevent a local agency from line 14 adopting or imposing objective zoning standards, objective line 15 subdivision standards, and objective design standards on line 16 development authorized by this section if those standards are more line 17 permissive than applicable standards within the underlying zone. line 18 (c)  In addition to any conditions established in accordance with line 19 subdivision (b), a local agency may require any of the following line 20 conditions when considering an application for two residential line 21 units as provided for in this section: line 22 (1)  Off-street Offstreet parking of up to one space per unit, line 23 except that a local agency shall not impose parking requirements line 24 in either of the following instances: line 25 (A)  The parcel is located within one-half mile walking distance line 26 of either a high-quality transit corridor, as defined in subdivision line 27 (b) of Section 21155 of the Public Resources Code, or a major line 28 transit stop, as defined in Section 21064.3 of the Public Resources line 29 Code. line 30 (B)  There is a car share vehicle located within one block of the line 31 parcel. line 32 (2)  For residential units connected to an onsite wastewater line 33 treatment system, a percolation test completed within the last 5 line 34 years, or, if the percolation test has been recertified, within the last line 35 10 years. line 36 (d)  Notwithstanding subdivision (a), a local agency may deny line 37 a proposed housing development project if the building official line 38 makes a written finding, based upon a preponderance of the line 39 evidence, that the proposed housing development project would line 40 have a specific, adverse impact, as defined and determined in 97 SB 450 — 11 — 155 line 1 paragraph (2) of subdivision (d) of Section 65589.5, upon public line 2 health and safety for which there is no feasible method to line 3 satisfactorily mitigate or avoid the specific, adverse impact. line 4 (e)  A local agency shall require that a rental of any unit created line 5 pursuant to this section be for a term longer than 30 days. line 6 (f)  Notwithstanding Section 65852.2 or 65852.22, a local agency line 7 shall not be required to permit an accessory dwelling unit or a line 8 junior accessory dwelling unit on parcels that use both the authority line 9 contained within this section and the authority contained in Section line 10 66411.7. line 11 (g)  Notwithstanding subparagraph (B) of paragraph (2) of line 12 subdivision (b), an application shall not be rejected solely because line 13 it proposes adjacent or connected structures provided that the line 14 structures meet building code safety standards and are sufficient line 15 to allow separate conveyance. line 16 (h)  (1)  An application for a proposed housing development line 17 pursuant to this section shall be considered and approved or denied line 18 within 60 days from the date the local agency receives a completed line 19 application. If the local agency has not approved or denied the line 20 completed application within 60 days, the application shall be line 21 deemed approved. line 22 (2)  If a permitting agency denies an application for a proposed line 23 housing development pursuant to paragraph (1), the permitting line 24 agency shall, within the time period described in paragraph (1), line 25 return in writing a full set of comments to the applicant with a list line 26 of items that are defective or deficient and a description of how line 27 the application can be remedied by the applicant. line 28 (i)  Local agencies shall include units constructed pursuant to line 29 this section in the annual housing element report as required by line 30 subparagraph (I) of paragraph (2) of subdivision (a) of Section line 31 65400. line 32 (j)  For purposes of this section, all of the following apply: line 33 (1)  A housing development contains two residential units if the line 34 development proposes no more than two new units or if it proposes line 35 to add one new unit to one existing unit. line 36 (2)  The terms “objective zoning standards,” “objective line 37 subdivision standards,” and “objective design review standards” line 38 mean standards that involve no personal or subjective judgment line 39 by a public official and are uniformly verifiable by reference to line 40 an external and uniform benchmark or criterion available and 97 — 12 — SB 450 156 line 1 knowable by both the development applicant or proponent and the line 2 public official prior to submittal. These standards may be embodied line 3 in alternative objective land use specifications adopted by a local line 4 agency, and may include, but are not limited to, housing overlay line 5 zones, specific plans, inclusionary zoning ordinances, and density line 6 bonus ordinances. line 7 (3)  “Local agency” means a city, county, or city and county, line 8 whether general law or chartered. line 9 (k)  A local agency may adopt an ordinance to implement the line 10 provisions of this section. An ordinance adopted to implement this line 11 section shall not be considered a project under Division 13 line 12 (commencing with Section 21000) of the Public Resources Code. line 13 (l)  Nothing in this section shall be construed to supersede or in line 14 any way alter or lessen the effect or application of the California line 15 Coastal Act of 1976 (Division 20 (commencing with Section line 16 30000) of the Public Resources Code), except that the local agency line 17 shall not be required to hold public hearings for coastal line 18 development permit applications for a housing development line 19 pursuant to this section. line 20 SEC. 3. Section 66411.7 of the Government Code is amended line 21 to read: line 22 66411.7. (a)  Notwithstanding any other provision of this line 23 division and any local law, a local agency shall ministerially line 24 approve, as set forth in this section, a parcel map for an urban lot line 25 split only if the local agency determines that the parcel map for line 26 the urban lot split meets all the following requirements: line 27 (1)  The parcel map subdivides an existing parcel to create no line 28 more than two new parcels of approximately equal lot area line 29 provided that one parcel shall not be smaller than 40 percent of line 30 the lot area of the original parcel proposed for subdivision. line 31 (2)  (A)  Except as provided in subparagraph (B), both newly line 32 created parcels are no smaller than 1,200 square feet. line 33 (B)  A local agency may by ordinance adopt a smaller minimum line 34 lot size subject to ministerial approval under this subdivision. line 35 (3)  The parcel being subdivided meets all the following line 36 requirements: line 37 (A)  The parcel is located within a single-family residential zone. line 38 (B)  The parcel subject to the proposed urban lot split is located line 39 within a city, the boundaries of which include some portion of line 40 either an urbanized area or urban cluster, as designated by the 97 SB 450 — 13 — 157 line 1 United States Census Bureau, or, for unincorporated areas, a legal line 2 parcel wholly within the boundaries of an urbanized area or urban line 3 cluster, as designated by the United States Census Bureau. line 4 (C)  The parcel satisfies the requirements specified in line 5 subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision line 6 (a) of Section 65913.4. 65913.4, as that section read on September line 7 16, 2021. line 8 (D)  The proposed urban lot split would not require demolition line 9 or alteration of any of the following types of housing: line 10 (i)  Housing that is subject to a recorded covenant, ordinance, line 11 or law that restricts rents to levels affordable to persons and line 12 families of moderate, low, or very low income. line 13 (ii)  Housing that is subject to any form of rent or price control line 14 through a public entity’s valid exercise of its police power. line 15 (iii)  A parcel or parcels on which an owner of residential real line 16 property has exercised the owner’s rights under Chapter 12.75 line 17 (commencing with Section 7060) of Division 7 of Title 1 to line 18 withdraw accommodations from rent or lease within 15 years line 19 before the date that the development proponent submits an line 20 application. line 21 (iv)  Housing that has been occupied by a tenant in the last three line 22 years. line 23 (E)  The parcel is not located within a historic district or property line 24 included on the State Historic Resources Inventory, as defined in line 25 Section 5020.1 of the Public Resources Code, or within a site that line 26 is designated or listed as a city or county landmark or historic line 27 property or district pursuant to a city or county ordinance. line 28 (F)  The parcel has not been established through prior exercise line 29 of an urban lot split as provided for in this section. line 30 (G)  Neither the owner of the parcel being subdivided nor any line 31 person acting in concert with the owner has previously subdivided line 32 an adjacent parcel using an urban lot split as provided for in this line 33 section. line 34 (b)  An application for a parcel map for an urban lot split shall line 35 be approved in accordance with the following requirements: line 36 (1)  (A)  A local agency shall approve or deny an application for line 37 a parcel map for an urban lot split ministerially without line 38 discretionary review. line 39 (B)  An application for an urban lot split shall be considered and line 40 approved or denied within 60 days from the date the local agency 97 — 14 — SB 450 158 line 1 receives a completed application. If the local agency has not line 2 approved or denied the completed application within 60 days, the line 3 application shall be deemed approved. line 4 (C)  If a permitting agency denies an application for an urban line 5 lot split pursuant to subparagraph (B), the permitting agency shall, line 6 within the time period described in paragraph (1), return in writing line 7 a full set of comments to the applicant with a list of items that are line 8 defective or deficient and a description of how the application can line 9 be remedied by the applicant. line 10 (2)  A local agency shall approve an urban lot split only if it line 11 conforms to all applicable objective requirements of the line 12 Subdivision Map Act (Division 2 (commencing with Section line 13 66410)), except as otherwise expressly provided in this section. line 14 (3)  Notwithstanding Section 66411.1, a local agency shall not line 15 impose regulations that require dedications of rights-of-way or the line 16 construction of offsite improvements for the parcels being created line 17 as a condition of issuing a parcel map for an urban lot split pursuant line 18 to this section. line 19 (c)  (1)  Except as provided in paragraph (2), notwithstanding line 20 any local law, a local agency may impose objective zoning line 21 standards, objective subdivision standards, and objective design line 22 review standards that are related to the design or to improvements line 23 of a parcel, consistent with paragraph (3) of subdivision (b) and line 24 with subdivision (e), and are applicable to a parcel created by an line 25 urban lot split that do not conflict with this section. line 26 (2)  A local agency shall not impose objective zoning standards, line 27 objective subdivision standards, and objective design review line 28 standards that would have the effect of physically precluding the line 29 construction of two units on either of the resulting parcels or that line 30 would result in a unit size of less than 800 square feet. line 31 (3)  (A)  Notwithstanding paragraph (2), no setback shall be line 32 required for an existing structure or a structure constructed in the line 33 same location and to the same dimensions as an existing structure. line 34 (B)  Notwithstanding paragraph (2), in all other circumstances line 35 not described in subparagraph (A), a local agency may require a line 36 setback of up to four feet from the side and rear lot lines. line 37 (d)  Notwithstanding subdivision (a), a local agency may deny line 38 an urban lot split if the building official makes a written finding, line 39 based upon a preponderance of the evidence, that the proposed line 40 housing development project would have a specific, adverse 97 SB 450 — 15 — 159 line 1 impact, as defined and determined in paragraph (2) of subdivision line 2 (d) of Section 65589.5, upon public health and safety and for which line 3 there is no feasible method to satisfactorily mitigate or avoid the line 4 specific, adverse impact. line 5 (e)  In addition to any conditions established in accordance with line 6 this section, a local agency may require any of the following line 7 conditions when considering an application for a parcel map for line 8 an urban lot split: line 9 (1)  Easements required for the provision of public services and line 10 facilities. line 11 (2)  A requirement that the parcels have access to, provide access line 12 to, or adjoin the public right-of-way. line 13 (3)  Off-street Offstreet parking of up to one space per unit, line 14 except that a local agency shall not impose parking requirements line 15 in either of the following instances: line 16 (A)  The parcel is located within one-half mile walking distance line 17 of either a high-quality transit corridor as defined in subdivision line 18 (b) of Section 21155 of the Public Resources Code, or a major line 19 transit stop as defined in Section 21064.3 of the Public Resources line 20 Code. line 21 (B)  There is a car share vehicle located within one block of the line 22 parcel. line 23 (f)  A local agency shall require that the uses allowed on a lot line 24 created by this section be limited to residential uses. line 25 (g)  (1)  A local agency shall require an applicant for an urban line 26 lot split to sign an affidavit stating that the applicant intends to line 27 occupy one of the housing units as their principal residence for a line 28 minimum of three years from the date of the approval of the urban line 29 lot split. line 30 (2)  This subdivision shall not apply to an applicant that is a line 31 “community land trust,” as defined in clause (ii) of subparagraph line 32 (C) of paragraph (11) of subdivision (a) of Section 402.1 of the line 33 Revenue and Taxation Code, or is a “qualified nonprofit line 34 corporation” as described in Section 214.15 of the Revenue and line 35 Taxation Code. line 36 (3)  A local agency shall not impose additional owner occupancy line 37 standards, other than provided for in this subdivision, on an urban line 38 lot split pursuant to this section. line 39 (h)  A local agency shall require that a rental of any unit created line 40 pursuant to this section be for a term longer than 30 days. 97 — 16 — SB 450 160 line 1 (i)  A local agency shall not require, as a condition for ministerial line 2 approval of a parcel map application for the creation of an urban line 3 lot split, the correction of nonconforming zoning conditions. line 4 (j)  (1)  Notwithstanding any provision of Section 65852.2, line 5 65852.21, 65852.22, 65915, or this section, a local agency shall line 6 not be required to permit more than two units on a parcel created line 7 through the exercise of the authority contained within this section. line 8 (2)  For the purposes of this section, “unit” means any dwelling line 9 unit, including, but not limited to, a unit or units created pursuant line 10 to Section 65852.21, a primary dwelling, an accessory dwelling line 11 unit as defined in Section 65852.2, or a junior accessory dwelling line 12 unit as defined in Section 65852.22. line 13 (k)  Notwithstanding paragraph (3) of subdivision (c), an line 14 application shall not be rejected solely because it proposes adjacent line 15 or connected structures provided that the structures meet building line 16 code safety standards and are sufficient to allow separate line 17 conveyance. line 18 (l)  Local agencies shall include the number of applications for line 19 parcel maps for urban lot splits pursuant to this section in the line 20 annual housing element report as required by subparagraph (I) of line 21 paragraph (2) of subdivision (a) of Section 65400. line 22 (m)  For purposes of this section, both of the following shall line 23 apply: line 24 (1)  “Objective zoning standards,” “objective subdivision line 25 standards,” and “objective design review standards” mean standards line 26 that involve no personal or subjective judgment by a public official line 27 and are uniformly verifiable by reference to an external and line 28 uniform benchmark or criterion available and knowable by both line 29 the development applicant or proponent and the public official line 30 prior to submittal. These standards may be embodied in alternative line 31 objective land use specifications adopted by a local agency, and line 32 may include, but are not limited to, housing overlay zones, specific line 33 plans, inclusionary zoning ordinances, and density bonus line 34 ordinances. line 35 (2)  “Local agency” means a city, county, or city and county, line 36 whether general law or chartered. line 37 (n)  A local agency may adopt an ordinance to implement the line 38 provisions of this section. An ordinance adopted to implement this line 39 section shall not be considered a project under Division 13 line 40 (commencing with Section 21000) of the Public Resources Code. 97 SB 450 — 17 — 161 line 1 (o)  Nothing in this section shall be construed to supersede or in line 2 any way alter or lessen the effect or application of the California line 3 Coastal Act of 1976 (Division 20 (commencing with Section line 4 30000) of the Public Resources Code), except that the local agency line 5 shall not be required to hold public hearings for coastal line 6 development permit applications for urban lot splits pursuant to line 7 this section. line 8 SEC. 4. The Legislature finds and declares that ensuring the line 9 state faces a severe housing crisis, largely due to the lack of line 10 available housing affordable to lower income and moderate-income line 11 families. Ensuring access to affordable housing housing, line 12 particularly on infill sites that promote fair housing in line 13 high-resource areas, is a matter of statewide concern and is not a line 14 municipal affair as that term is used in Section 5 of Article XI of line 15 the California Constitution. Therefore, Sections 2 and 3 of this act line 16 amending Sections 65852.21 and 66411.7 of the Government Code line 17 apply to all cities, including charter cities. line 18 SEC. 5. No reimbursement is required by this act pursuant to line 19 Section 6 of Article XIIIB of the California Constitution because line 20 a local agency or school district has the authority to levy service line 21 charges, fees, or assessments sufficient to pay for the program or line 22 level of service mandated by this act, within the meaning of Section line 23 17556 of the Government Code. O 97 — 18 — SB 450 162 CITY OF HUNTINGTON BEACH 2000 MAIN STREET, HUNTINGTON BEACH, CALIFORNIA 92648-2702 GRACEY VAN DER MARK MAYOR 714.536.5553 May 8, 2024 The Honorable Scott Wiener California State Senate 1020 O Street Sacramento, CA 95829 Re: SB 1037 (Wiener)—Oppose Dear Senator Wiener: On behalf of the City of Huntington Beach, I write in opposition to SB 1037, which authorizes the State Attorney General to enforce the adoption of a housing element or enforce any other state law governing a land use decision or housing permit, on behalf of the Department of Housing and Community Development (HCD). SB 1037 and its provisions represent a significant overreach by the State Attorney General to exert financial and political pressure on local governments. HCD is already well suited to enforce state law. Moreover, current law authorizes HCD to request the Attorney General to act on the Department’s behalf. Therefore, we identify this new authority for the Attorney General to unilaterally intervene as wholly unnecessary. Moreover, the fine levels proposed in SB 1037 are unparalleled and ripe for misuse by the Attorney General for alternative intents. California has imposed a litany of overcomplex provisions related to housing, be it single- use, multifamily dwellings, setbacks, parking requirements, accessory dwelling units, etc., while providing limited to no consistent baseline resources for local governments to comply. The bill would specify that in the instance of proposed violations, the penalties imposed by the Attorney General would range from $10,000 to $50,000 per month per violation. And, if a local government does not or cannot afford to pay such penalties, SB 1037 allows the State Controller to intercept “any available state and local funds” to direct them to the Housing Trust Fund. This is ripe for abuse and could severely limit local government’s ability to provide essential public services. The City works in earnest to provide all housing, affordable and market rate, that correspond to the capacity and interests of our residents. SB 1037 extends the state’s response to undermine and penalize local control. For these reasons we oppose SB 1037. Sincerely, Gracey Van Der Mark Mayor Cc: Huntington Beach City Council 163 AMENDED IN SENATE MARCH 19, 2024 SENATE BILL No. 1037 Introduced by Senator Wiener February 6, 2024 An act to amend add Section 65400 of 65009.1 to the Government Code, relating to housing. legislative counsel’s digest SB 1037, as amended, Wiener. Planning and zoning: general plan. housing element: enforcement. Existing law, the Planning and Zoning Law, requires a city or county to adopt a general plan for land use development within its boundaries that includes, among other things, a housing element. The Planning and Zoning Law requires the Department of Housing and Community Development (HCD) to determine whether the housing element is in substantial compliance with specified provisions of that law. The Planning and Zoning Law requires HCD to notify a city, county, or city and county, and authorizes HCD to notify the office of the Attorney General, that the city, county, or city and county is in violation of state law if the local government has taken action in violation of specified provisions of law. The Planning and Zoning Law also requires, among other things, that an application for a housing development be subject to a specified streamlined, ministerial approval process if the development satisfies certain objective planning standards. This bill, in any action brought by the Attorney General, on behalf of HCD or in an independent capacity, to enforce the adoption of housing element revisions, as specified, or to enforce any state law that requires a city, county, or local agency to ministerially approve any land use decision or permitting application for a housing development 98 164 project, as specified, would subject the city, county, or local agency to specified remedies, including a civil penalty of, at minimum, $10,000 per month, and not exceeding $50,000 per month, for each violation, as specified. The bill would require these civil penalties, as specified, to be deposited into the Building Homes and Jobs Trust Fund for the sole purpose of supporting the development of affordable housing located in the affected jurisdiction, except as provided, and would require that expenditure of any penalty moneys deposited into the fund under these provisions be subject to appropriation by the Legislature. In the event a city, county, or local agency fails to pay civil penalties imposed by the court, the bill would authorize the court to require the Controller to intercept any available state and local funds and direct those funds to the Building Homes and Jobs Trust Fund to correct the jurisdiction’s failure to pay, as specified. The bill would make a related statement of legislative findings and declarations. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. Existing law, the Planning and Zoning Law, requires a city or county to adopt a general plan for land use development within its boundaries that includes, among other things, a housing element. Existing law requires the planning agency of a city or county to provide an annual report to certain specified entities by April 1 of each year that includes specified information. This bill would make nonsubstantive changes to those provisions. Vote: majority. Appropriation: no. Fiscal committee: no yes.​ State-mandated local program: no.​ The people of the State of California do enact as follows: line 1 SECTION 1. The Legislature finds and declares all of the line 2 following: line 3 (a)  California has a statewide housing shortage crisis. line 4 (b)  California’s housing crisis stifles economic growth, line 5 contributes to the homelessness epidemic, consumes an line 6 ever-growing share of the paychecks of working families, and line 7 holds millions of households back from realizing the California line 8 dream of achieving housing security or home ownership. line 9 Conversely, new construction of residences, particularly 98 — 2 — SB 1037 165 line 1 multifamily homes, induces a chain of moves, ultimately adding line 2 more housing units affordable to middle- and low-income line 3 households. line 4 (c)  Restrictive zoning, land use planning, and burdensome line 5 residential permitting practices and policies, at the local level in line 6 particular, are a major cause of the shortfall between California’s line 7 housing needs and the available supply of housing. For example, line 8 despite the obligations of local governments under the Housing line 9 Element Law to update their general plans, including required line 10 rezoning for additional sites to address projected housing needs, line 11 numerous cities and counties continue to delay and, at times even line 12 refuse, to undertake required actions to encourage, promote, and line 13 facilitate the development of housing to accommodate the line 14 established regional housing need. The absence of updated housing line 15 elements that are substantially compliant with state law causes line 16 unnecessary uncertainty and delay in approving housing line 17 development applications. This cumulative delay causes many line 18 local governments to continue to fall behind in meeting their share line 19 of regional housing need. line 20 (d)  These restrictive practices and policies continue to persist line 21 despite other statewide reforms to expedite, streamline, and line 22 ministerially approve the planning and construction of housing of line 23 all types, including housing affordable to persons and families of line 24 lower income. While not exhaustive, these reforms can be found line 25 in the following provisions: line 26 (1)  Accessory dwelling units, as described in Sections 65852.150 line 27 and 65852.2 of the Government Code. line 28 (2)  By-right housing, in which certain multifamily housing is line 29 designated a permitted use, as described in Section 65589.4 of the line 30 Government Code. line 31 (3)  Reduced time for action on affordable housing applications line 32 under the approval of the development permits process, as line 33 described in Article 5 (commencing with Section 65950) of Chapter line 34 4.5 of Division 1 of Title 7 of the Government Code. line 35 (4)  Streamlining housing approvals during a housing shortage, line 36 as described in Section 65913.4 of the Government Code. line 37 (5)  Streamlining agricultural employee housing development line 38 approvals, as described in Section 17021.8 of the Health and Safety line 39 Code. 98 SB 1037 — 3 — 166 line 1 (6)  The Housing Crisis Act of 2019, as described in Chapter line 2 654 of the Statutes of 2019 (Senate Bill 330). line 3 (7)  Allowing four units to be built on single-family parcels line 4 statewide, as described in Chapter 162 of the Statutes of 2021 line 5 (Senate Bill 9). line 6 (8)  The Middle Class Housing Act of 2022, as described in line 7 Section 65852.24 of the Government Code. line 8 (9)  The Affordable Housing and High Road Jobs Act of 2022, line 9 as described in Chapter 4.1 (commencing with Section 65912.100) line 10 of Division 1 of Title 7 of the Government Code. line 11 (10)  Housing element law requirements and required rezoning line 12 to address unmet housing needs, as described in Chapter 974 of line 13 the Statutes of 2018 (Senate Bill 828) and Chapter 358 of the line 14 Statutes of 2021 (Assembly Bill 1398). line 15 SEC. 2. Section 65009.1 is added to the Government Code, to line 16 read: line 17 65009.1. (a)  In any action brought by the Attorney General, line 18 on behalf of the Department of Housing and Community line 19 Development or in an independent capacity, to enforce the adoption line 20 of housing element revisions pursuant to the schedule set forth in line 21 subdivision (e) of Section 65588, or to enforce any state law that line 22 requires a city, county, or local agency to ministerially approve, line 23 without discretionary review, any land use decision or permitting line 24 application for a housing development project, the city, county, line 25 or local agency shall be subject to the following remedies: line 26 (1)  A civil penalty of, at minimum, ten thousand dollars line 27 ($10,000) per month, and not exceeding fifty thousand dollars line 28 ($50,000) per month, for each violation, accrued from the date of line 29 the violation until the date the violation is cured. line 30 (2)  (A)  All costs of investigating and prosecuting this action, line 31 including expert fees, reasonable attorney’s fees, and costs, line 32 whenever the Attorney General prevails in a civil action to enforce line 33 any state laws under this section. line 34 (B)  Awards imposed pursuant to this paragraph shall be paid line 35 to the Public Rights Law Enforcement Special Fund established line 36 by Section 12530. line 37 (3)  (A)  Other relief as the court deems appropriate, including line 38 equitable and injunctive relief, provisional or otherwise. 98 — 4 — SB 1037 167 line 1 (B)  Any injunction, provisional or otherwise, ordered by the line 2 court pursuant to this paragraph shall be deemed to be prohibitory, line 3 and not affirmative. line 4 (b)  The purpose of this section is to ensure that, where local line 5 land use decisions or actions are arbitrary, capricious, entirely line 6 lacking in evidentiary support, contrary to established public line 7 policy, unlawful, or procedurally unfair, adequate remedies are line 8 available to ensure that state laws mandating streamlined, line 9 ministerial approvals related to housing development projects, line 10 and the timely adoption of housing element revisions, are promptly line 11 and faithfully followed. line 12 (c)  (1)  Any civil penalty levied pursuant to this section shall be line 13 deposited into the Building Homes and Jobs Trust Fund for the line 14 sole purpose of supporting the development of affordable housing line 15 located in the affected jurisdiction. Expenditure of any penalty line 16 moneys deposited into the Building Homes and Jobs Trust Fund line 17 pursuant to this subdivision shall be subject to appropriation by line 18 the Legislature. line 19 (2)  Any penalty imposed pursuant to this section shall not be line 20 paid out of funds already dedicated to affordable housing, line 21 including, but not limited to, very low, low-, and moderate-income line 22 households. line 23 (3)  To the extent permitted under the California Constitution, line 24 in the event a city, county, or local agency fails to pay civil line 25 penalties imposed by the court, the court may require the line 26 Controller to intercept any available state and local funds and line 27 direct those funds to the Building Homes and Jobs Trust Fund to line 28 correct the jurisdiction’s failure to pay. line 29 (4)  Notwithstanding paragraph (1), if the penalty moneys have line 30 not been expended five years after deposit, the penalty moneys line 31 may be used, upon appropriation, to finance newly constructed line 32 affordable housing units in the state without any geographic line 33 restrictions. line 34 (d)  The liability, penalties, and remedies imposed by this section line 35 are in addition to any other liability, penalties, and remedies line 36 imposed by any other law. line 37 SEC. 3. The Legislature finds and declares that the lack of line 38 housing is a matter of statewide concern and is not a municipal line 39 affair as that term is used in Section 5 of Article XI of the line 40 California Constitution. Therefore, the Legislature clarifies that 98 SB 1037 — 5 — 168 line 1 Section 2 of this act adding Section 65009.1 to the Government line 2 Code applies to all cities, including charter cities. line 3 SECTION 1. Section 65400 of the Government Code is line 4 amended to read: line 5 65400. (a)  After the legislative body has adopted all or part line 6 of a general plan, the planning agency shall do both of the line 7 following: line 8 (1)  Investigate and make recommendations to the legislative line 9 body regarding reasonable and practical means for implementing line 10 the general plan or element of the general plan so that it will serve line 11 as an effective guide for orderly growth and development, line 12 preservation and conservation of open-space land and natural line 13 resources, and the efficient expenditure of public funds relating to line 14 the subjects addressed in the general plan. line 15 (2)  Provide, by April 1 of each year, an annual report to the line 16 legislative body, the Office of Planning and Research, and the line 17 Department of Housing and Community Development that includes line 18 all of the following: line 19 (A)  The status of the plan and progress in its implementation. line 20 (B)  (i)  The progress in meeting its share of regional housing line 21 needs determined pursuant to Section 65584, including the need line 22 for extremely low income households, as determined pursuant to line 23 paragraph (1) of subdivision (a) of Section 65583, and local efforts line 24 to remove governmental constraints to the maintenance, line 25 improvement, and development of housing pursuant to paragraph line 26 (3) of subdivision (c) of Section 65583. line 27 (ii)  The housing element portion of the annual report, as required line 28 by this paragraph, shall be prepared through the use of standards, line 29 forms, and definitions adopted by the Department of Housing and line 30 Community Development. The department may review, adopt, line 31 amend, and repeal the standards, forms, or definitions to implement line 32 this article. Any standards, forms, or definitions adopted to line 33 implement this article shall not be subject to Chapter 3.5 line 34 (commencing with Section 11340) of Part 1 of Division 3 of Title line 35 2. Before and after adoption of the forms, the housing element line 36 portion of the annual report shall include a section that describes line 37 the actions taken by the local government towards completion of line 38 the programs and status of the local government’s compliance with line 39 the deadlines in its housing element. The report shall be considered line 40 at an annual public meeting before the legislative body where 98 — 6 — SB 1037 169 line 1 members of the public shall be allowed to provide oral testimony line 2 and written comments. line 3 (iii)  The report may include the number of units that have been line 4 completed pursuant to subdivision (c) of Section 65583.1. For line 5 purposes of this paragraph, committed assistance may be executed line 6 throughout the planning period, and the program under paragraph line 7 (1) of subdivision (c) of Section 65583.1 shall not be required. line 8 The report shall document how the units meet the standards set line 9 forth in that subdivision. line 10 (iv)  The planning agency shall include the number of units in line 11 a student housing development for lower income students for which line 12 the developer of the student housing development was granted a line 13 density bonus pursuant to subparagraph (F) of paragraph (1) of line 14 subdivision (b) of Section 65915. line 15 (C)  The number of housing development applications received line 16 in the prior year, including whether each housing development line 17 application is subject to a ministerial or discretionary approval line 18 process. line 19 (D)  The number of units included in all development line 20 applications in the prior year. line 21 (E)  The number of units approved and disapproved in the prior line 22 year. line 23 (F)  The degree to which its approved general plan complies line 24 with the guidelines developed and adopted pursuant to Section line 25 65040.2 and the date of the last revision to the general plan. line 26 (G)  A listing of sites rezoned to accommodate that portion of line 27 the city’s or county’s share of the regional housing need for each line 28 income level that could not be accommodated on sites identified line 29 in the inventory required by paragraph (1) of subdivision (c) of line 30 Section 65583 and Section 65584.09. The listing of sites shall also line 31 include any additional sites that may have been required to be line 32 identified by Section 65863. line 33 (H)  (i)  The number of units of housing demolished and new line 34 units of housing, including both rental housing and for-sale housing line 35 and any units that the County of Napa or the City of Napa may line 36 report pursuant to an agreement entered into pursuant to Section line 37 65584.08, that have been issued a completed entitlement, a building line 38 permit, or a certificate of occupancy, thus far in the housing line 39 element cycle, and the income category, by area median income 98 SB 1037 — 7 — 170 line 1 category, that each unit of housing satisfies. That production report line 2 shall do the following: line 3 (I)  For each income category described in this subparagraph, line 4 distinguish between the number of rental housing units and the line 5 number of for-sale units that satisfy each income category. line 6 (II)  For each entitlement, building permit, or certificate of line 7 occupancy, include a unique site identifier that must include the line 8 assessor’s parcel number, but may also include street address, or line 9 other identifiers. line 10 (ii)  For the County of Napa and the City of Napa, the production line 11 report may report units identified in the agreement entered into line 12 pursuant to Section 65584.08. line 13 (I)  The number of applications submitted pursuant to subdivision line 14 (a) of Section 65913.4, the location and the total number of line 15 developments approved pursuant to subdivision (c) of Section line 16 65913.4, the total number of building permits issued pursuant to line 17 subdivision (c) of Section 65913.4, the total number of units line 18 including both rental housing and for-sale housing by area median line 19 income category constructed using the process provided for in line 20 subdivision (c) of Section 65913.4. line 21 (J)  If the city or county has received funding pursuant to the line 22 Local Government Planning Support Grants Program (Chapter 3.1 line 23 (commencing with Section 50515) of Part 2 of Division 31 of the line 24 Health and Safety Code), the information required pursuant to line 25 subdivision (a) of Section 50515.04 of the Health and Safety Code. line 26 (K)  The progress of the city or county in adopting or amending line 27 its general plan or local open-space element in compliance with line 28 its obligations to consult with California Native American tribes, line 29 and to identify and protect, preserve, and mitigate impacts to line 30 places, features, and objects described in Sections 5097.9 and line 31 5097.993 of the Public Resources Code, pursuant to Chapter 905 line 32 of the Statutes of 2004. line 33 (L)  The following information with respect to density bonuses line 34 granted in accordance with Section 65915: line 35 (i)  The number of density bonus applications received by the line 36 city or county. line 37 (ii)  The number of density bonus applications approved by the line 38 city or county. line 39 (iii)  Data from all projects approved to receive a density bonus line 40 from the city or county, including, but not limited to, the percentage 98 — 8 — SB 1037 171 line 1 of density bonus received, the percentage of affordable units in line 2 the project, the number of other incentives or concessions granted line 3 to the project, and any waiver or reduction of parking standards line 4 for the project. line 5 (M)  The following information with respect to each application line 6 submitted pursuant to Chapter 4.1 (commencing with Section line 7 65912.100): line 8 (i)  The location of the project. line 9 (ii)  The status of the project, including whether it has been line 10 entitled, whether a building permit has been issued, and whether line 11 or not it has been completed. line 12 (iii)  The number of units in the project. line 13 (iv)  The number of units in the project that are rental housing. line 14 (v)  The number of units in the project that are for-sale housing. line 15 (vi)  The household income category of the units, as determined line 16 pursuant to subdivision (f) of Section 65584. line 17 (b)  (1)  (A)  The department may request corrections to the line 18 housing element portion of an annual report submitted pursuant line 19 to paragraph (2) of subdivision (a) within 90 days of receipt. A line 20 planning agency shall make the requested corrections within 30 line 21 days after which the department may reject the report if the report line 22 is not in substantial compliance with the requirements of that line 23 paragraph. line 24 (B)  If the department rejects the housing element portion of an line 25 annual report as authorized by subparagraph (A), the department line 26 shall provide the reasons the report is inconsistent with paragraph line 27 (2) of subdivision (a) to the planning agency in writing. line 28 (2)  If a court finds, upon a motion to that effect, that a city, line 29 county, or city and county failed to submit, within 60 days of the line 30 deadline established in this section, the housing element portion line 31 of the report required pursuant to subparagraph (B) of paragraph line 32 (2) of subdivision (a) that substantially complies with the line 33 requirements of this section, the court shall issue an order or line 34 judgment compelling compliance with this section within 60 days. line 35 If the city, county, or city and county fails to comply with the line 36 court’s order within 60 days, the plaintiff or petitioner may move line 37 for sanctions, and the court may, upon that motion, grant line 38 appropriate sanctions. The court shall retain jurisdiction to ensure line 39 that its order or judgment is carried out. If the court determines line 40 that its order or judgment is not carried out within 60 days, the 98 SB 1037 — 9 — 172 line 1 court may issue further orders as provided by law to ensure that line 2 the purposes and policies of this section are fulfilled. This line 3 subdivision applies to proceedings initiated on or after the first line 4 day of October following the adoption of forms and definitions by line 5 the Department of Housing and Community Development pursuant line 6 to paragraph (2) of subdivision (a), but no sooner than six months line 7 following that adoption. line 8 (c)  The Department of Housing and Community Development line 9 shall post a report submitted pursuant to this section on its internet line 10 website within a reasonable time of receiving the report. O 98 — 10 — SB 1037 173 CITY OF HUNTINGTON BEACH 2000 MAIN STREET, HUNTINGTON BEACH, CALIFORNIA 92648-2702 GRACEY VAN DER MARK MAYOR 714.536.5553 May 8, 2024 The Honorable Nancy Skinner California State Senate 1020 O Street, Rm 8630 Sacramento, CA 95829 Re: SB 1211 (Skinner)—Oppose Dear Senator Skinner: On behalf of the City of Huntington Beach, I write in opposition to SB 1211, which would require local agencies to ministerially permit additional detached accessory dwelling units (ADUs) on lots with an existing multifamily dwelling, and prohibit the imposition of parking, setback requirements, and height limitations on such projects. The California State Legislature and Administration have made amendments to statutes and regulations to dramatically expand the allowances for ADUs in the state. ADUs have served as a positive housing resource for family, elderly and other residents at below-market rate in high-cost housing communities. Ministerial permitting was offered for typically small ADU projects undertaken by homeowners, inexperienced and not well-resourced, to participate in the permit development procedures. However, large ADU projects on multifamily dwellings have more recently been undertaken by professional developers, namely for financial gain while still being under a ministerial process. Ironically, these large projects are prohibited from conforming to ordinances like parking and height requirements, and other enforcement authorities of local governments. Moreover, existing law already allows multifamily properties to add a number of ADUs equivalent to 25% of the number of units on the existing structure of the property. SB 1211 would allow additional ADUs to be ministerially developed on multifamily dwellings on detached areas like parking lots, landscaping, and service areas. These projects would be completed, depending upon square footage, without permitting fees but added costs to local governments, and erodes the value of ADUs as truly “accessory.” For these reasons, the City of Huntington Beach opposes SB 1211. Sincerely, Gracey Van Der Mark Mayor Cc: Huntington Beach City Council 174 AMENDED IN SENATE MARCH 21, 2024 SENATE BILL No. 1211 Introduced by Senator Skinner February 15, 2024 An act to amend Section 65852.2 of the Government Code, relating to land use. legislative counsel’s digest SB 1211, as amended, Skinner. Land use: accessory dwelling units: ministerial approval. Existing law, the Planning and Zoning Law, authorizes a local agency, by ordinance, to provide for the creation of accessory dwelling units (ADUs) in areas zoned for residential use, as specified. Existing law requires ministerial approval of accessory dwelling units, as specified, if the local agency does not adopt an ordinance governing accessory dwelling units, as described. Under existing law, a local agency is also required to ministerially approve an application for a building permit within a residential or mixed-use zone to create any of specified variations of accessory dwelling units. Existing law imposes various requirements and restrictions on a local agency in connection with the ministerial approval of an application for a building permit for an accessory dwelling unit under these specified variations, including prohibiting a local agency from requiring the correction of nonconforming zoning conditions as a condition of approval of the permit. This bill, in connection with the ministerial approval of a building permit for an accessory dwelling unit under one of the above-described variations, would additionally prohibit a local agency from requiring the replacement of parking spaces when a carport, covered parking 98 175 structure, or uncovered parking space is demolished in conjunction with the construction of or conversion to an accessory dwelling unit. Under existing law, one of those the above-described variations requires a local agency to ministerially approve multiple accessory dwelling units within the portion of existing multifamily dwelling structures that are not used as livable space, as described, if each unit complies with state building standards for dwellings. Existing law requires a local agency to allow at least one of those accessory dwelling units within an existing multifamily dwelling and allow up to 25% of the existing multifamily dwelling units (inside dwelling ADU requirements). Under existing law, another variation requires a local agency to ministerially approve not more than 2 accessory dwelling units that are located on a lot that has an existing or proposed multifamily dwelling, but are detached from that dwelling, and are subject to a height limitation and rear yard and side setbacks, as specified (detached ADU requirements). For purposes of the detached ADU requirements, this bill would prohibit a local agency from requiring the replacement of parking spaces when a carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction of or conversion to an accessory dwelling unit. The bill would also, for purposes of those detached ADU requirements, require a local agency to instead allow 2 detached, new construction accessory dwelling units and allow up to 25% of the existing multifamily dwelling units. The bill would specify that the number of accessory dwelling units allowed under the inside dwelling ADU requirements counts towards the maximum number of accessory dwelling units allowed under the detached ADU requirements. The bill would make conforming changes. This bill would revise and recast the inside dwelling ADU requirements and detached ADU requirements described above to instead require the ministerial approval of multiple accessory dwelling units that are located on a lot that has an existing or proposed multifamily dwelling, as specified. Under this variation, the bill would authorize detached or attached accessory dwelling units in an amount equal to one or 25% of the existing multifamily dwelling units on the lot, whichever is greater. The bill would additionally authorize under these provisions 2 detached accessory dwelling units on a lot with an existing or proposed multifamily dwelling, subject to the height limitations and setback requirements described above. 98 — 2 — SB 1211 176 By imposing new duties on local governments with respect to the approval of accessory dwelling units, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. Vote: majority. Appropriation: no. Fiscal committee: yes.​ State-mandated local program: yes.​ The people of the State of California do enact as follows: line 1 SECTION 1. Section 65852.2 of the Government Code is line 2 amended to read: line 3 65852.2. (a)  (1)  A local agency may, by ordinance, provide line 4 for the creation of accessory dwelling units in areas zoned to allow line 5 single-family or multifamily dwelling residential use. The line 6 ordinance shall do all of the following: line 7 (A)  Designate areas within the jurisdiction of the local agency line 8 where accessory dwelling units may be permitted. The designation line 9 of areas may be based on the adequacy of water and sewer services line 10 and the impact of accessory dwelling units on traffic flow and line 11 public safety. A local agency that does not provide water or sewer line 12 services shall consult with the local water or sewer service provider line 13 regarding the adequacy of water and sewer services before line 14 designating an area where accessory dwelling units may be line 15 permitted. line 16 (B)  (i)  Impose objective standards on accessory dwelling units line 17 that include, but are not limited to, parking, height, setback, line 18 landscape, architectural review, maximum size of a unit, and line 19 standards that prevent adverse impacts on any real property that line 20 is listed in the California Register of Historical Resources. These line 21 standards shall not include requirements on minimum lot size. line 22 (ii)  Notwithstanding clause (i), a local agency may reduce or line 23 eliminate parking requirements for any accessory dwelling unit line 24 located within its jurisdiction. line 25 (C)  Provide that accessory dwelling units do not exceed the line 26 allowable density for the lot upon which the accessory dwelling line 27 unit is located, and that accessory dwelling units are a residential 98 SB 1211 — 3 — 177 line 1 use that is consistent with the existing general plan and zoning line 2 designation for the lot. line 3 (D)  Require the accessory dwelling units to comply with all of line 4 the following: line 5 (i)  Except as provided in Section 65852.26 and paragraph (10) line 6 of this subdivision, an accessory dwelling unit may be rented line 7 separate from the primary residence, but shall not be sold or line 8 otherwise conveyed separate from the primary residence. line 9 (ii)  The lot is zoned to allow single-family or multifamily line 10 dwelling residential use and includes a proposed or existing line 11 dwelling. line 12 (iii)  The accessory dwelling unit is either attached to, or located line 13 within, the proposed or existing primary dwelling, including line 14 attached garages, storage areas or similar uses, or an accessory line 15 structure or detached from the proposed or existing primary line 16 dwelling and located on the same lot as the proposed or existing line 17 primary dwelling, including detached garages. line 18 (iv)  If there is an existing primary dwelling, the total floor area line 19 of an attached accessory dwelling unit shall not exceed 50 percent line 20 of the existing primary dwelling. line 21 (v)  The total floor area for a detached accessory dwelling unit line 22 shall not exceed 1,200 square feet. line 23 (vi)  No passageway shall be required in conjunction with the line 24 construction of an accessory dwelling unit. line 25 (vii)  No setback shall be required for an existing living area or line 26 accessory structure or a structure constructed in the same location line 27 and to the same dimensions as an existing structure that is line 28 converted to an accessory dwelling unit or to a portion of an line 29 accessory dwelling unit, and a setback of no more than four feet line 30 from the side and rear lot lines shall be required for an accessory line 31 dwelling unit that is not converted from an existing structure or a line 32 new structure constructed in the same location and to the same line 33 dimensions as an existing structure. line 34 (viii)  Local building code requirements that apply to detached line 35 dwellings, except that the construction of an accessory dwelling line 36 unit shall not constitute a Group R occupancy change under the line 37 local building code, as described in Section 310 of the California line 38 Building Code (Title 24 of the California Code of Regulations), line 39 unless the building official or enforcement agency of the local line 40 agency makes a written finding based on substantial evidence in 98 — 4 — SB 1211 178 line 1 the record that the construction of the accessory dwelling unit line 2 could have a specific, adverse impact on public health and safety. line 3 Nothing in this clause shall be interpreted to prevent a local agency line 4 from changing the occupancy code of a space that was unhabitable line 5 space or was only permitted for nonresidential use and was line 6 subsequently converted for residential use pursuant to this section. line 7 (ix)  Approval by the local health officer where a private sewage line 8 disposal system is being used, if required. line 9 (x)  (I)  Parking requirements for accessory dwelling units shall line 10 not exceed one parking space per accessory dwelling unit or per line 11 bedroom, whichever is less. These spaces may be provided as line 12 tandem parking on a driveway. line 13 (II)  Offstreet parking shall be permitted in setback areas in line 14 locations determined by the local agency or through tandem line 15 parking, unless specific findings are made that parking in setback line 16 areas or tandem parking is not feasible based upon specific site or line 17 regional topographical or fire and life safety conditions. line 18 (III)  This clause shall not apply to an accessory dwelling unit line 19 that is described in subdivision (d). line 20 (xi)  When a garage, carport, or covered parking structure is line 21 demolished in conjunction with the construction of an accessory line 22 dwelling unit or converted to an accessory dwelling unit, the local line 23 agency shall not require that those offstreet parking spaces be line 24 replaced. line 25 (xii)  Accessory dwelling units shall not be required to provide line 26 fire sprinklers if they are not required for the primary residence. line 27 The construction of an accessory dwelling unit shall not trigger a line 28 requirement for fire sprinklers to be installed in the existing primary line 29 dwelling. line 30 (2)  The ordinance shall not be considered in the application of line 31 any local ordinance, policy, or program to limit residential growth. line 32 (3)  (A)  A permit application for an accessory dwelling unit or line 33 a junior accessory dwelling unit shall be considered and approved line 34 ministerially without discretionary review or a hearing, line 35 notwithstanding Section 65901 or 65906 or any local ordinance line 36 regulating the issuance of variances or special use permits. The line 37 permitting agency shall either approve or deny the application to line 38 create or serve an accessory dwelling unit or a junior accessory line 39 dwelling unit within 60 days from the date the permitting agency line 40 receives a completed application if there is an existing 98 SB 1211 — 5 — 179 line 1 single-family or multifamily dwelling on the lot. If the permit line 2 application to create or serve an accessory dwelling unit or a junior line 3 accessory dwelling unit is submitted with a permit application to line 4 create a new single-family or multifamily dwelling on the lot, the line 5 permitting agency may delay approving or denying the permit line 6 application for the accessory dwelling unit or the junior accessory line 7 dwelling unit until the permitting agency approves or denies the line 8 permit application to create the new single-family or multifamily line 9 dwelling, but the application to create or serve the accessory line 10 dwelling unit or junior accessory dwelling unit shall be considered line 11 without discretionary review or hearing. If the applicant requests line 12 a delay, the 60-day time period shall be tolled for the period of the line 13 delay. If the local agency has not approved or denied the completed line 14 application within 60 days, the application shall be deemed line 15 approved. A local agency may charge a fee to reimburse it for line 16 costs incurred to implement this paragraph, including the costs of line 17 adopting or amending any ordinance that provides for the creation line 18 of an accessory dwelling unit. line 19 (B)  If a permitting agency denies an application for an accessory line 20 dwelling unit or junior accessory dwelling unit pursuant to line 21 subparagraph (A), the permitting agency shall, within the time line 22 period described in subparagraph (A), return in writing a full set line 23 of comments to the applicant with a list of items that are defective line 24 or deficient and a description of how the application can be line 25 remedied by the applicant. line 26 (4)  The ordinance shall require that a demolition permit for a line 27 detached garage that is to be replaced with an accessory dwelling line 28 unit be reviewed with the application for the accessory dwelling line 29 unit and issued at the same time. line 30 (5)  The ordinance shall not require, and the applicant shall not line 31 be otherwise required, to provide written notice or post a placard line 32 for the demolition of a detached garage that is to be replaced with line 33 an accessory dwelling unit, unless the property is located within line 34 an architecturally and historically significant historic district. line 35 (6)  An existing ordinance governing the creation of an accessory line 36 dwelling unit by a local agency or an accessory dwelling ordinance line 37 adopted by a local agency shall provide an approval process that line 38 includes only ministerial provisions for the approval of accessory line 39 dwelling units and shall not include any discretionary processes, line 40 provisions, or requirements for those units, except as otherwise 98 — 6 — SB 1211 180 line 1 provided in this subdivision. If a local agency has an existing line 2 accessory dwelling unit ordinance that fails to meet the line 3 requirements of this subdivision, that ordinance shall be null and line 4 void and that agency shall thereafter apply the standards established line 5 in this subdivision for the approval of accessory dwelling units, line 6 unless and until the agency adopts an ordinance that complies with line 7 this section. line 8 (7)  No other local ordinance, policy, or regulation shall be the line 9 basis for the delay or denial of a building permit or a use permit line 10 under this subdivision. line 11 (8)  This subdivision establishes the maximum standards that line 12 local agencies shall use to evaluate a proposed accessory dwelling line 13 unit on a lot that includes a proposed or existing single-family line 14 dwelling. No additional standards, other than those provided in line 15 this subdivision, shall be used or imposed, including an line 16 owner-occupant requirement, except that a local agency may line 17 require that the property may be used for rentals of terms 30 days line 18 or longer. line 19 (9)  A local agency may amend its zoning ordinance or general line 20 plan to incorporate the policies, procedures, or other provisions line 21 applicable to the creation of an accessory dwelling unit if these line 22 provisions are consistent with the limitations of this subdivision. line 23 (10)  In addition to the requirement that a local agency allow the line 24 separate sale or conveyance of an accessory dwelling unit pursuant line 25 to Section 65852.26, a local agency may also adopt a local line 26 ordinance to allow the separate conveyance of the primary dwelling line 27 unit and accessory dwelling unit or units as condominiums. Any line 28 such ordinance shall include all of the following requirements: line 29 (A)  The condominiums shall be created pursuant to the line 30 Davis-Stirling Common Interest Development Act (Part 5 line 31 (commencing with Section 4000) of Division 4 of the Civil Code). line 32 (B)  The condominiums shall be created in conformance with line 33 all applicable objective requirements of the Subdivision Map Act line 34 (Division 2 (commencing with Section 66410)) and all objective line 35 requirements of a local subdivision ordinance. line 36 (C)  Before recordation of the condominium plan, a safety line 37 inspection of the accessory dwelling unit shall be conducted as line 38 evidenced either through a certificate of occupancy from the local line 39 agency or a housing quality standards report from a building 98 SB 1211 — 7 — 181 line 1 inspector certified by the United States Department of Housing line 2 and Urban Development. line 3 (D)  (i)  Neither a subdivision map nor a condominium plan shall line 4 be recorded with the county recorder in the county where the real line 5 property is located without each lienholder’s consent. The line 6 following shall apply to the consent of a lienholder: line 7 (I)  A lienholder may refuse to give consent. line 8 (II)  A lienholder may consent provided that any terms and line 9 conditions required by the lienholder are satisfied. line 10 (ii)  Prior to recordation of the initial or any subsequent line 11 modifications to the condominium plan, written evidence of the line 12 lienholder’s consent shall be provided to the county recorder along line 13 with a signed statement from each lienholder that states as follows: line 14 line 15 “(Name of lienholder) hereby consents to the recording of this line 16 condominium plan in their sole and absolute discretion and the line 17 borrower has or will satisfy any additional terms and conditions line 18 the lienholder may have.” line 19 line 20 (iii)  The lienholder’s consent shall be included on the line 21 condominium plan or a separate form attached to the condominium line 22 plan that includes the following information: line 23 (I)  The lienholder’s signature. line 24 (II)  The name of the record owner or ground lessee. line 25 (III)  The legal description of the real property. line 26 (IV)  The identities of all parties with an interest in the real line 27 property as reflected in the real property records. line 28 (iv)  The lienholder’s consent shall be recorded in the office of line 29 the county recorder of the county in which the real property is line 30 located. line 31 (E)  The local agency shall include the following notice to line 32 consumers on any accessory dwelling or junior accessory dwelling line 33 unit submittal checklist or public information issued describing line 34 requirements and permitting for accessory dwelling units, including line 35 as standard condition of any accessory dwelling unit building line 36 permit or condominium plan approval: line 37 line 38 “NOTICE: If you are considering establishing your primary line 39 dwelling unit and accessory dwelling unit as a condominium, line 40 please ensure that your building permitting agency allows this 98 — 8 — SB 1211 182 line 1 practice. If you decide to establish your primary dwelling unit and line 2 accessory dwelling unit as a condominium, your condominium line 3 plan or any future modifications to the condominium plan must line 4 be recorded with the County Recorder. Prior to recordation or line 5 modification of your subdivision map and condominium plan, any line 6 lienholder with a lien on your title must provide a form of written line 7 consent either on the condominium plan, or on the lienholder’s line 8 consent form attached to the condominium plan, with text that line 9 clearly states that the lender approves recordation of the line 10 condominium plan and that you have satisfied their terms and line 11 conditions, if any. line 12 In order to secure lender consent, you may be required to follow line 13 additional lender requirements, which may include, but are not line 14 limited to, one or more of the following: line 15 (a)  Paying off your current lender. line 16 You may pay off your mortgage and any liens through a line 17 refinance or a new loan. Be aware that refinancing or using a new line 18 loan may result in changes to your interest rate or tax basis. Also, line 19 be aware that any subsequent modification to your subdivision line 20 map or condominium plan must also be consented to by your line 21 lender, which consent may be denied. line 22 (b)  Securing your lender’s approval of a modification to their line 23 loan collateral due to the change of your current property legal line 24 description into one or more condominium parcels. line 25 (c)  Securing your lender’s consent to the details of any line 26 construction loan or ground lease. line 27 This may include a copy of the improvement contract entered line 28 in good faith with a licensed contractor, evidence that the record line 29 owner or ground lessee has the funds to complete the work, and a line 30 signed statement made by the record owner or ground lessor that line 31 the information in the consent above is true and correct.” line 32 line 33 (F)  If an accessory dwelling unit is established as a line 34 condominium, the local government shall require the homeowner line 35 to notify providers of utilities, including water, sewer, gas, and line 36 electricity, of the condominium creation and separate conveyance. line 37 (G)  (i)  The owner of a property or a separate interest within an line 38 existing planned development that has an existing association, as line 39 defined in Section 4080 of the Civil Code, shall not record a line 40 condominium plan to create a common interest development under 98 SB 1211 — 9 — 183 line 1 Section 4100 of the Civil Code without the express written line 2 authorization by the existing association. line 3 (ii)  For purposes of this subparagraph, written authorization by line 4 the existing association means approval by the board at a duly line 5 noticed board meeting, as defined in Section 4090 of the Civil line 6 Code, and if needed pursuant to the existing association’s line 7 governing documents, membership approval of the existing line 8 association. line 9 (H)  An accessory dwelling unit shall be sold or otherwise line 10 conveyed separate from the primary residence only under the line 11 conditions outlined in this paragraph or pursuant to Section line 12 65852.26. line 13 (11)  An accessory dwelling unit that conforms to this line 14 subdivision shall be deemed to be an accessory use or an accessory line 15 building and shall not be considered to exceed the allowable density line 16 for the lot upon which it is located, and shall be deemed to be a line 17 residential use that is consistent with the existing general plan and line 18 zoning designations for the lot. The accessory dwelling unit shall line 19 not be considered in the application of any local ordinance, policy, line 20 or program to limit residential growth. line 21 (b)  (1)  When a local agency that has not adopted an ordinance line 22 governing accessory dwelling units in accordance with subdivision line 23 (a) receives an application for a permit to create or serve an line 24 accessory dwelling unit pursuant to this subdivision, the local line 25 agency shall approve or disapprove the application ministerially line 26 without discretionary review pursuant to subdivision (a). The line 27 permitting agency shall either approve or deny the application to line 28 create or serve an accessory dwelling unit or a junior accessory line 29 dwelling unit within 60 days from the date the permitting agency line 30 receives a completed application if there is an existing line 31 single-family or multifamily dwelling on the lot. If the permit line 32 application to create or serve an accessory dwelling unit or a junior line 33 accessory dwelling unit is submitted with a permit application to line 34 create or serve a new single-family or multifamily dwelling on the line 35 lot, the permitting agency may delay approving or denying the line 36 permit application for the accessory dwelling unit or the junior line 37 accessory dwelling unit until the permitting agency approves or line 38 denies the permit application to create or serve the new line 39 single-family or multifamily dwelling, but the application to create line 40 or serve the accessory dwelling unit or junior accessory dwelling 98 — 10 — SB 1211 184 line 1 unit shall still be considered ministerially without discretionary line 2 review or a hearing. If the applicant requests a delay, the 60-day line 3 time period shall be tolled for the period of the delay. If the local line 4 agency has not approved or denied the completed application line 5 within 60 days, the application shall be deemed approved. line 6 (2)  If a permitting agency denies an application for an accessory line 7 dwelling unit or junior accessory dwelling unit pursuant to line 8 paragraph (1), the permitting agency shall, within the time period line 9 described in paragraph (1), return in writing a full set of comments line 10 to the applicant with a list of items that are defective or deficient line 11 and a description of how the application can be remedied by the line 12 applicant. line 13 (c)  (1)  Subject to paragraph (2), a local agency may establish line 14 minimum and maximum unit size requirements for both attached line 15 and detached accessory dwelling units. line 16 (2)  Notwithstanding paragraph (1), a local agency shall not line 17 establish by ordinance any of the following: line 18 (A)  A minimum square footage requirement for either an line 19 attached or detached accessory dwelling unit that prohibits an line 20 efficiency unit. line 21 (B)  A maximum square footage requirement for either an line 22 attached or detached accessory dwelling unit that is less than either line 23 of the following: line 24 (i)  850 square feet. line 25 (ii)  1,000 square feet for an accessory dwelling unit that provides line 26 more than one bedroom. line 27 (C)  Any requirement for a zoning clearance or separate zoning line 28 review or any other minimum or maximum size for an accessory line 29 dwelling unit, size based upon a percentage of the proposed or line 30 existing primary dwelling, or limits on lot coverage, floor area line 31 ratio, open space, front setbacks, and minimum lot size, for either line 32 attached or detached dwellings that does not permit at least an 800 line 33 square foot accessory dwelling unit with four-foot side and rear line 34 yard setbacks to be constructed in compliance with all other local line 35 development standards. line 36 (D)  Any height limitation that does not allow at least the line 37 following, as applicable: line 38 (i)  A height of 16 feet for a detached accessory dwelling unit line 39 on a lot with an existing or proposed single family or multifamily line 40 dwelling unit. 98 SB 1211 — 11 — 185 line 1 (ii)  A height of 18 feet for a detached accessory dwelling unit line 2 on a lot with an existing or proposed single family or multifamily line 3 dwelling unit that is within one-half of one mile walking distance line 4 of a major transit stop or a high-quality transit corridor, as those line 5 terms are defined in Section 21155 of the Public Resources Code. line 6 A local agency shall also allow an additional two feet in height to line 7 accommodate a roof pitch on the accessory dwelling unit that is line 8 aligned with the roof pitch of the primary dwelling unit. line 9 (iii)  A height of 18 feet for a detached accessory dwelling unit line 10 on a lot with an existing or proposed multifamily, multistory line 11 dwelling. line 12 (iv)  A height of 25 feet or the height limitation in the local line 13 zoning ordinance that applies to the primary dwelling, whichever line 14 is lower, for an accessory dwelling unit that is attached to a primary line 15 dwelling. This clause shall not require a local agency to allow an line 16 accessory dwelling unit to exceed two stories. line 17 (d)  Notwithstanding any other law, and whether or not the local line 18 agency has adopted an ordinance governing accessory dwelling line 19 units in accordance with subdivision (a), all of the following shall line 20 apply: line 21 (1)  The local agency shall not impose any parking standards for line 22 an accessory dwelling unit in any of the following instances: line 23 (A)  Where the accessory dwelling unit is located within one-half line 24 mile walking distance of public transit. line 25 (B)  Where the accessory dwelling unit is located within an line 26 architecturally and historically significant historic district. line 27 (C)  Where the accessory dwelling unit is part of the proposed line 28 or existing primary residence or an accessory structure. line 29 (D)  When onstreet parking permits are required but not offered line 30 to the occupant of the accessory dwelling unit. line 31 (E)  When there is a car share vehicle located within one block line 32 of the accessory dwelling unit. line 33 (F)  When a permit application for an accessory dwelling unit line 34 is submitted with a permit application to create a new single-family line 35 dwelling or a new multifamily dwelling on the same lot, provided line 36 that the accessory dwelling unit or the parcel satisfies any other line 37 criteria listed in this paragraph. line 38 (2)  The local agency shall not deny an application for a permit line 39 to create an accessory dwelling unit due to the correction of line 40 nonconforming zoning conditions, building code violations, or 98 — 12 — SB 1211 186 line 1 unpermitted structures that do not present a threat to public health line 2 and safety and are not affected by the construction of the accessory line 3 dwelling unit. line 4 (e)  (1)  Notwithstanding subdivisions (a) to (d), inclusive, a line 5 local agency shall ministerially approve an application for a line 6 building permit within a residential or mixed-use zone to create line 7 any of the following: line 8 (A)  One accessory dwelling unit and one junior accessory line 9 dwelling unit per lot with a proposed or existing single-family line 10 dwelling if all of the following apply: line 11 (i)  The accessory dwelling unit or junior accessory dwelling line 12 unit is within the proposed space of a single-family dwelling or line 13 existing space of a single-family dwelling or accessory structure line 14 and may include an expansion of not more than 150 square feet line 15 beyond the same physical dimensions as the existing accessory line 16 structure. An expansion beyond the physical dimensions of the line 17 existing accessory structure shall be limited to accommodating line 18 ingress and egress. line 19 (ii)  The space has exterior access from the proposed or existing line 20 single-family dwelling. line 21 (iii)  The side and rear setbacks are sufficient for fire and safety. line 22 (iv)  The junior accessory dwelling unit complies with the line 23 requirements of Section 65852.22. line 24 (B)  One detached, new construction, accessory dwelling unit line 25 that does not exceed four-foot side and rear yard setbacks for a lot line 26 with a proposed or existing single-family dwelling. The accessory line 27 dwelling unit may be combined with a junior accessory dwelling line 28 unit described in subparagraph (A). A local agency may impose line 29 the following conditions on the accessory dwelling unit: line 30 (i)  A total floor area limitation of not more than 800 square feet. line 31 (ii)  A height limitation as provided in clause (i), (ii), or (iii) as line 32 applicable, of subparagraph (D) of paragraph (2) of subdivision line 33 (c). line 34 (C)  (i)  Multiple accessory dwelling units within that are located line 35 on a lot that has an existing or proposed multifamily dwelling, line 36 under the following conditions: line 37 (i)  (I)  As calculated pursuant to subclause (II), multiple line 38 accessory dwelling units detached from or within the portions of line 39 existing multifamily dwelling structures that are not used as livable line 40 space, including, but not limited to, storage rooms, boiler rooms, 98 SB 1211 — 13 — 187 line 1 passageways, attics, basements, or garages, if each unit complies line 2 with state building standards for dwellings. line 3 (ii)  A local agency shall allow at least one accessory dwelling line 4 unit within an existing multifamily dwelling and shall allow up to line 5 25 percent of the existing multifamily dwelling units. The number line 6 of accessory dwelling units allowed under subparagraph (D) shall line 7 count towards the maximum number of accessory dwelling units line 8 allowed under this subparagraph. line 9 (II)  The number of accessory dwelling units allowed by a local line 10 agency under this clause shall be the greater of one or 25 percent line 11 of the existing multifamily dwelling units on the lot. line 12 (D)  (i)   Multiple line 13 (ii)  (I)  In addition to the accessory dwelling units allowed under line 14 clause (i), a local agency shall also allow two accessory dwelling line 15 units that are located on a lot that has an existing or proposed line 16 multifamily dwelling, but that are detached from that multifamily line 17 dwelling and that are dwelling. line 18 (II)  Detached accessory dwelling units allowed pursuant to this line 19 subparagraph shall be subject to a height limitation in clause (i), line 20 (ii), or (iii), as applicable, of subparagraph (D) of paragraph (2) line 21 of subdivision (c) and rear yard and side setbacks of no more than line 22 four feet. line 23 (ii)  A local agency shall allow at least two detached, new line 24 construction, accessory dwelling units pursuant to this line 25 subparagraph and shall allow up to 25 percent of the existing line 26 multifamily dwelling units. The number of accessory dwelling line 27 units allowed under subparagraph (C) shall count towards the line 28 maximum number of accessory dwelling units allowed under this line 29 subparagraph. line 30 (iii)  If the existing multifamily dwelling has a rear or side line 31 setback of less than four feet, the local agency shall not require line 32 any modification of the existing multifamily dwelling as a line 33 condition of approving the application to construct an accessory line 34 dwelling unit that satisfies the requirements of this subparagraph. line 35 (iv)  When a carport, covered parking structure, or uncovered line 36 parking space is demolished in conjunction with the construction line 37 of an accessory dwelling unit or converted to an accessory dwelling line 38 unit, the local agency shall not require that those offstreet parking line 39 spaces be replaced. 98 — 14 — SB 1211 188 line 1 (2)  A local agency shall not require, as a condition for ministerial line 2 approval of a permit application for the creation of an accessory line 3 dwelling unit or a junior accessory dwelling unit, the correction line 4 of nonconforming zoning conditions. line 5 (3)  The installation of fire sprinklers shall not be required in an line 6 accessory dwelling unit if sprinklers are not required for the line 7 primary residence. The construction of an accessory dwelling unit line 8 shall not trigger a requirement for fire sprinklers to be installed in line 9 the existing multifamily dwelling. line 10 (4)  A local agency shall require that a rental of the accessory line 11 dwelling unit created pursuant to this subdivision be for a term line 12 longer than 30 days. line 13 (5)  A local agency may require, as part of the application for a line 14 permit to create an accessory dwelling unit connected to an onsite line 15 wastewater treatment system, a percolation test completed within line 16 the last five years, or, if the percolation test has been recertified, line 17 within the last 10 years. line 18 (6)  Notwithstanding subdivision (c) and paragraph (1) a local line 19 agency that has adopted an ordinance by July 1, 2018, providing line 20 for the approval of accessory dwelling units in multifamily line 21 dwelling structures shall ministerially consider a permit application line 22 to construct an accessory dwelling unit that is described in line 23 paragraph (1), and may impose objective standards including, but line 24 not limited to, design, development, and historic standards on said line 25 accessory dwelling units. These standards shall not include line 26 requirements on minimum lot size. line 27 (7)  When a carport, covered parking structure, or uncovered line 28 parking space is demolished in conjunction with the construction line 29 of an accessory dwelling unit or is converted to an accessory line 30 dwelling unit, the local agency shall not require that those offstreet line 31 parking spaces be replaced. line 32 (f)  (1)  Fees charged for the construction of accessory dwelling line 33 units shall be determined in accordance with Chapter 5 line 34 (commencing with Section 66000) and Chapter 7 (commencing line 35 with Section 66012). line 36 (2)  An accessory dwelling unit shall not be considered by a line 37 local agency, special district, or water corporation to be a new line 38 residential use for purposes of calculating connection fees or line 39 capacity charges for utilities, including water and sewer service, 98 SB 1211 — 15 — 189 line 1 unless the accessory dwelling unit was constructed with a new line 2 single-family dwelling. line 3 (3)  (A)  A local agency, special district, or water corporation line 4 shall not impose any impact fee upon the development of an line 5 accessory dwelling unit less than 750 square feet. Any impact fees line 6 charged for an accessory dwelling unit of 750 square feet or more line 7 shall be charged proportionately in relation to the square footage line 8 of the primary dwelling unit. line 9 (B)  For purposes of this paragraph, “impact fee” has the same line 10 meaning as the term “fee” is defined in subdivision (b) of Section line 11 66000, except that it also includes fees specified in Section 66477. line 12 “Impact fee” does not include any connection fee or capacity line 13 charge charged by a local agency, special district, or water line 14 corporation. line 15 (4)  For an accessory dwelling unit described in subparagraph line 16 (A) of paragraph (1) of subdivision (e), a local agency, special line 17 district, or water corporation shall not require the applicant to line 18 install a new or separate utility connection directly between the line 19 accessory dwelling unit and the utility or impose a related line 20 connection fee or capacity charge, unless the accessory dwelling line 21 unit was constructed with a new single-family dwelling, or upon line 22 separate conveyance of the accessory dwelling unit pursuant to line 23 paragraph (10) of subdivision (a). line 24 (5)  For an accessory dwelling unit that is not described in line 25 subparagraph (A) of paragraph (1) of subdivision (e), a local line 26 agency, special district, or water corporation may require a new line 27 or separate utility connection directly between the accessory line 28 dwelling unit and the utility. Consistent with Section 66013, the line 29 connection may be subject to a connection fee or capacity charge line 30 that shall be proportionate to the burden of the proposed accessory line 31 dwelling unit, based upon either its square feet or the number of line 32 its drainage fixture unit (DFU) values, as defined in the Uniform line 33 Plumbing Code adopted and published by the International line 34 Association of Plumbing and Mechanical Officials, upon the water line 35 or sewer system. This fee or charge shall not exceed the reasonable line 36 cost of providing this service. line 37 (g)  This section shall supersede a conflicting local ordinance. line 38 This section does not limit the authority of local agencies to adopt line 39 less restrictive requirements for the creation of an accessory line 40 dwelling unit. 98 — 16 — SB 1211 190 line 1 (h)  (1)  A local agency shall submit a copy of the ordinance line 2 adopted pursuant to subdivision (a) to the Department of Housing line 3 and Community Development within 60 days after adoption. After line 4 adoption of an ordinance, the department may submit written line 5 findings to the local agency as to whether the ordinance complies line 6 with this section. line 7 (2)  (A)  If the department finds that the local agency’s ordinance line 8 does not comply with this section, the department shall notify the line 9 local agency and shall provide the local agency with a reasonable line 10 time, no longer than 30 days, to respond to the findings before line 11 taking any other action authorized by this section. line 12 (B)  The local agency shall consider the findings made by the line 13 department pursuant to subparagraph (A) and shall do one of the line 14 following: line 15 (i)  Amend the ordinance to comply with this section. line 16 (ii)  Adopt the ordinance without changes. The local agency line 17 shall include findings in its resolution adopting the ordinance that line 18 explain the reasons the local agency believes that the ordinance line 19 complies with this section despite the findings of the department. line 20 (3)  (A)  If the local agency does not amend its ordinance in line 21 response to the department’s findings or does not adopt a resolution line 22 with findings explaining the reason the ordinance complies with line 23 this section and addressing the department’s findings, the line 24 department shall notify the local agency and may notify the line 25 Attorney General that the local agency is in violation of state law. line 26 (B)  Before notifying the Attorney General that the local agency line 27 is in violation of state law, the department may consider whether line 28 a local agency adopted an ordinance in compliance with this section line 29 between January 1, 2017, and January 1, 2020. line 30 (i)  The department may review, adopt, amend, or repeal line 31 guidelines to implement uniform standards or criteria that line 32 supplement or clarify the terms, references, and standards set forth line 33 in this section. The guidelines adopted pursuant to this subdivision line 34 are not subject to Chapter 3.5 (commencing with Section 11340) line 35 of Part 1 of Division 3 of Title 2. line 36 (j)  As used in this section, the following terms mean: line 37 (1)  “Accessory dwelling unit” means an attached or a detached line 38 residential dwelling unit that provides complete independent living line 39 facilities for one or more persons and is located on a lot with a line 40 proposed or existing primary residence. It shall include permanent 98 SB 1211 — 17 — 191 line 1 provisions for living, sleeping, eating, cooking, and sanitation on line 2 the same parcel as the single-family or multifamily dwelling is or line 3 will be situated. An accessory dwelling unit also includes the line 4 following: line 5 (A)  An efficiency unit. line 6 (B)  A manufactured home, as defined in Section 18007 of the line 7 Health and Safety Code. line 8 (2)  “Accessory structure” means a structure that is accessory line 9 and incidental to a dwelling located on the same lot. line 10 (3)  “Efficiency unit” has the same meaning as defined in Section line 11 17958.1 of the Health and Safety Code. line 12 (4)  “Living area” means the interior habitable area of a dwelling line 13 unit, including basements and attics, but does not include a garage line 14 or any accessory structure. line 15 (5)  “Local agency” means a city, county, or city and county, line 16 whether general law or chartered. line 17 (6)  “Nonconforming zoning condition” means a physical line 18 improvement on a property that does not conform to current zoning line 19 standards. line 20 (7)  “Objective standards” means standards that involve no line 21 personal or subjective judgment by a public official and are line 22 uniformly verifiable by reference to an external and uniform line 23 benchmark or criterion available and knowable by both the line 24 development applicant or proponent and the public official prior line 25 to submittal. line 26 (8)  “Passageway” means a pathway that is unobstructed clear line 27 to the sky and extends from a street to one entrance of the accessory line 28 dwelling unit. line 29 (9)  “Permitting agency” means any entity that is involved in line 30 the review of a permit for an accessory dwelling unit or junior line 31 accessory dwelling unit and for which there is no substitute, line 32 including, but not limited to, applicable planning departments, line 33 building departments, utilities, and special districts. line 34 (10)  “Proposed dwelling” means a dwelling that is the subject line 35 of a permit application and that meets the requirements for line 36 permitting. line 37 (11)  “Public transit” means a location, including, but not limited line 38 to, a bus stop or train station, where the public may access buses, line 39 trains, subways, and other forms of transportation that charge set line 40 fares, run on fixed routes, and are available to the public. 98 — 18 — SB 1211 192 line 1 (12)  “Tandem parking” means that two or more automobiles line 2 are parked on a driveway or in any other location on a lot, lined line 3 up behind one another. line 4 (k)  A local agency shall not issue a certificate of occupancy for line 5 an accessory dwelling unit before the local agency issues a line 6 certificate of occupancy for the primary dwelling. line 7 (l)  Nothing in this section shall be construed to supersede or in line 8 any way alter or lessen the effect or application of the California line 9 Coastal Act of 1976 (Division 20 (commencing with Section line 10 30000) of the Public Resources Code), except that the local line 11 government shall not be required to hold public hearings for coastal line 12 development permit applications for accessory dwelling units. line 13 (m)  A local agency may count an accessory dwelling unit for line 14 purposes of identifying adequate sites for housing, as specified in line 15 subdivision (a) of Section 65583.1, subject to authorization by the line 16 department and compliance with this division. line 17 (n)  In enforcing building standards pursuant to Article 1 line 18 (commencing with Section 17960) of Chapter 5 of Part 1.5 of line 19 Division 13 of the Health and Safety Code for an accessory line 20 dwelling unit described in paragraph (1) or (2), a local agency, line 21 upon request of an owner of an accessory dwelling unit for a delay line 22 in enforcement, shall delay enforcement of a building standard, line 23 subject to compliance with Section 17980.12 of the Health and line 24 Safety Code: line 25 (1)  The accessory dwelling unit was built before January 1, line 26 2020. line 27 (2)  The accessory dwelling unit was built on or after January line 28 1, 2020, in a local jurisdiction that, at the time the accessory line 29 dwelling unit was built, had a noncompliant accessory dwelling line 30 unit ordinance, but the ordinance is compliant at the time the line 31 request is made. line 32 SEC. 2. No reimbursement is required by this act pursuant to line 33 Section 6 of Article XIIIB of the California Constitution because line 34 a local agency or school district has the authority to levy service line 35 charges, fees, or assessments sufficient to pay for the program or line 36 level of service mandated by this act, within the meaning of Section line 37 17556 of the Government Code. O 98 SB 1211 — 19 — 193 CITY OF HUNTINGTON BEACH 2000 MAIN STREET, HUNTINGTON BEACH, CALIFORNIA 92648-2702 GRACEY VAN DER MARK MAYOR 714.536.5553 May 8, 2024 The Honorable Laurie Davies California State Assembly 1020 O Street Sacramento, CA 95814 RE: AB 2081 – SUPPORT Dear Assemblymember Davies, On behalf of the City of Huntington Beach, I write to express our support for AB 2081, which requires an operator of a licensed alcoholism or drug abuse recovery or treatment facility (RTF) or certified alcohol or other drug (AOD) program to disclose on its internet website if a legal, disciplinary, or other enforcement action has been brought by the Department of Health Care Services (DHCS). Over the past few years, there has been a proliferation of recovery facilities in the City of Huntington Beach. Those seeking services from these facilities have no current way to check if the entity has received any disciplinary or enforcement actions for wrongdoings. Many times, these bad actors are allowed to operate without limitation and have been known to do more harm than good to their clients. Our hands are tied when it comes to enforcing against these bad actors. Requiring them to post on their website any disciplinary or enforcement action brought by the DHCS will hopefully result in them cleaning up their act or going out of business. Your leadership in this area is greatly appreciated. Sincerely, Gracey Van Der Mark Mayor Cc: Huntington Beach City Council 194 AMENDED IN ASSEMBLY APRIL 4, 2024 AMENDED IN ASSEMBLY MARCH 13, 2024 california legislature—2023–24 regular session ASSEMBLY BILL No. 2081 Introduced by Assembly Member Davies February 5, 2024 An act to add Section 11831.10 11831.5 to the Health and Safety Code, relating to substance abuse treatment. legislative counsel’s digest AB 2081, as amended, Davies. Substance abuse: recovery and treatment programs. Existing law grants the State Department of Health Care Services the sole authority in state government to license adult alcoholism or drug abuse recovery or treatment facilities. The department is authorized to issue a license to specified types of facilities if certain criteria are met. Existing law requires licensees to report specified events and incidents to the department, including, among others, the death of a resident at a licensed facility. Existing law authorizes the department to investigate allegations of violations of governing law and take action upon a finding of a violation, as specified. This bill would require an operator of a licensed alcoholism or drug abuse recovery or treatment facility or certified alcohol or other drug program to include a disclosure on its internet website if a legal, disciplinary, or other enforcement action has been brought by the department and the facility or program was determined to be in violation. The bill would require the internet website disclosure to include the date and nature of the violation, and require the disclosure to be posted 97 195 no later than 14 business days after the determination of violation. The bill would impose a $2,500 civil penalty for failure to comply with the internet website posting requirement. on its internet website and intake form paperwork a disclosure that an individual may check the internet website of the State Department of Health Care Services to confirm whether the facility’s license or program’s certification has been placed in probationary status, been subject to a temporary suspension order, been revoked, or the operator has been given a notice of operation in violation of law. The bill would require the disclosure to include a link to the department’s internet website that contains the Probationary Status, Temporary Suspension Order, Revoked and Notice of Operation in Violation of Law Program List. The bill would authorize a violation of this requirement to be subject to penalty imposed by the department. Vote: majority. Appropriation: no. Fiscal committee: yes.​ State-mandated local program: no.​ The people of the State of California do enact as follows: line 1 SECTION 1. Section 11831.5 is added to the Health and Safety line 2 Code, to read: line 3 11831.5. (a)  An operator of a licensed alcoholism or drug line 4 abuse recovery or treatment facility, as defined in Section line 5 11834.02, or a certified alcohol or other drug program shall line 6 include on its internet website and intake form paperwork a line 7 disclosure that an individual may check the internet website of the line 8 Department of Health Care Services to confirm whether the line 9 facility’s license or program’s certification has been placed in line 10 probationary status, been subject to a temporary suspension order, line 11 been revoked, or the operator has been given a notice of operation line 12 in violation of law. The disclosure shall include a link to the line 13 department’s internet website that contains the Probationary line 14 Status, Temporary Suspension Order, Revoked and Notice of line 15 Operation in Violation of Law Program List. line 16 (b)  A violation of subdivision (a) shall be subject to penalty by line 17 the department pursuant to Section 11831.7. line 18 SECTION 1. Section 11831.10 is added to the Health and line 19 Safety Code, immediately following Section 11831.9, to read: line 20 11831.10. (a)  An operator of a licensed alcoholism or drug line 21 abuse recovery or treatment facility, as defined in Section line 22 11834.02, or a certified alcohol or other drug program shall include 97 — 2 — AB 2081 196 line 1 a disclosure on its internet website if a legal, disciplinary, or other line 2 enforcement action has been brought by the department and the line 3 facility or program has been determined through that action to be line 4 in violation of this chapter. The disclosure shall include the date line 5 of the violation and nature of the violation, and shall be posted line 6 within 14 business days following the determination of violation. line 7 (b)  A violation of subdivision (a) shall be subject to a line 8 two-thousand-five-hundred-dollar ($2,500) civil penalty. O 97 AB 2081 — 3 — 197 CITY OF HUNTINGTON BEACH 2000 MAIN STREET, HUNTINGTON BEACH, CALIFORNIA 92648-2702 GRACEY VAN DER MARK MAYOR 714.536.5553 May 8, 2024 The Honorable Janet Nguyen California State Senate 1020 O Street Sacramento, CA 95814 RE: SB 1102 (SUPPORT) Dear Senator Nguyen, On behalf of the City of Huntington Beach, I write to express our support for SB 1102, which would enact tax exclusions for amounts received by Huntington Beach businesses in the settlement for claims relating to the October 2021 oil spill off the coast of Orange County. On October 1, 2021, the San Pedro Bay Pipeline broke and spilled an estimated 24,500 gallons of crude oil into the waters about five miles offshore of Huntington Beach. Commercial fishers and processors, coastal real property owners and lessees, and waterfront tourism businesses sued companies owning container ships, alleging they were responsible because those ships dragged their anchors over the pipeline during a heavy storm prior to the spill, damaging the pipeline and ultimately causing it to leak. On April 24, 2023, a settlement agreement was approved where some of the defendants agreed to pay $50 million to commercial fishers, persons who owned or leased waterfront properties, or persons who worked in or owned business affected by the spill. Claims against other defendants remain pending. Under current law, those receiving payments under the settlement agreement, or under any future settlements, may not be able to fully exclude them from taxable income for state tax purposes. SB 1102 rectifies that issue and allows the businesses of Huntington Beach harmed by this event to be compensated for their losses. This settlement doesn’t make any business whole which is why an exclusion from paying personal and corporate taxes is needed. It is for these reasons we support SB 1102 and appreciate your efforts to protect the businesses of Huntington Beach. Sincerely, Gracey Van Der Mark Mayor Cc: Huntington Beach City Council 198 AMENDED IN SENATE APRIL 11, 2024 SENATE BILL No. 1102 Introduced by Senator Nguyen (Coauthor: Assembly Member Davies) February 13, 2024 An act to add and repeal Sections 17139.1 and 24309.9 of the Revenue and Taxation Code, relating to taxation, making an appropriation therefor, and declaring the urgency thereof, to take effect immediately. legislative counsel’s digest SB 1102, as amended, Nguyen. Personal Income Tax Law: Corporation Tax Law: oil spill: exclusions. The Personal Income Tax Law and the Corporation Tax Law, in conformity with federal income tax law, generally defines “gross income” as income from whatever source derived, except as specifically excluded, and provides various exclusions from gross income. This bill would provide an exclusion from gross income for any qualified taxpayer, as defined, for amounts received in settlements associated with the October 2, 2021, oil spill that occurred off the coast of the County of Orange near the City of Huntington Beach. The bill would repeal these provisions on January 1, 2029. Existing law establishes the continuously appropriated Tax Relief and Refund Account and provides that payments required to be made to taxpayers or other persons from the Personal Income Tax Fund are to be paid from that account. This bill would authorize the refund of overpayments of tax as a result of the above-described exclusion, in prior tax years, payable out of the 98 199 Tax Relief and Refund Account. By authorizing new payments from a continuously appropriated fund, this bill would make an appropriation. Existing law requires that any bill that would authorize certain tax expenditures contain, among other things, specific goals, purposes, and objectives that the tax expenditure or exemption will achieve, detailed performance indicators, and data collection requirements. This bill would include additional information required for any bill authorizing a new tax expenditure. This bill would apply its provisions to taxable years beginning before, on, and after the effective date of this bill. The bill would make legislative findings and declarations regarding the public purpose served by this bill. This bill would declare that it is to take effect immediately as an urgency statute. Vote: 2⁄3. Appropriation: yes. Fiscal committee: yes.​ State-mandated local program: no.​ The people of the State of California do enact as follows: line 1 SECTION 1. The Legislature finds and declares all of the line 2 following: line 3 (a)  On October 2, 2021, an oil spill occurred off the coast of the line 4 County of Orange near the City of Huntington Beach. line 5 (b)  The spill resulted in approximately 144,000 gallons of crude line 6 oil seeping into the ocean from a ruptured pipeline. line 7 (c)  The spill forced beaches to close along the County of Orange line 8 coast, resulting in significant property damage, loss of revenue line 9 from closed businesses, and a loss in revenue to the fishing industry line 10 due to the halting of fishing operations. line 11 (d)  The impacts on the fishing industry were the result of a ban line 12 that encompassed 650 square miles of marine waters and line 13 approximately 45 miles of shoreline, including all bays and harbors line 14 from the City of Seal Beach to San Onofre State Beach. line 15 SEC. 2. Section 17139.1 is added to the Revenue and Taxation line 16 Code, to read: line 17 17139.1. (a)  Gross income does not include any qualified line 18 amount received by a qualified taxpayer. line 19 (b)  For purposes of this section: line 20 (1)  “Qualified amount” means any amount received in settlement line 21 by a qualified taxpayer from Amplify Energy Corp., Beta Operating 98 — 2 — SB 1102 200 line 1 Company, LLC, San Pedro Bay Pipeline Company, or any other line 2 settling defendant qualified taxpayer in settlement for claims line 3 relating to the October 2, 2021, oil spill off the coast of the County line 4 of Orange near the City of Huntington Beach. line 5 (2)  “Qualified taxpayer” means any of the following: line 6 (A)  Any taxpayer that owned real property located in the County line 7 of Orange near the City of Huntington Beach during the October line 8 2, 2021, oil spill who paid and or incurred expenses and received line 9 amounts from a settlement arising out of or pursuant to the October line 10 2, 2021, oil spill. line 11 (B)  Any taxpayer that resided within the County of Orange near line 12 the City of Huntington Beach during the October 2, 2021, oil spill line 13 who paid and or incurred expenses and received amounts from a line 14 settlement arising out of or pursuant to the October 2, 2021, oil line 15 spill. line 16 (C)  Any taxpayer that had a place of business within the County line 17 of Orange near the City of Huntington Beach during the October line 18 2, 2021, oil spill who paid and or incurred expenses and received line 19 amounts from a settlement arising out of or pursuant to the October line 20 2, 2021, oil spill. line 21 (3)  “Settlement entity” means the entity making the settlement line 22 payment to a qualified taxpayer as described in paragraph (2). line 23 (c)  The settlement entity shall provide, upon request by the line 24 Franchise Tax Board, documentation of the settlement payments line 25 in the form and manner requested by the Franchise Tax Board. line 26 (d)  (1)  This section shall apply to taxable years beginning line 27 before, on, or after the effective date of the act adding this section. line 28 (2)  If the credit or refund of any overpayment of tax resulting line 29 from the application of this section to a period before the effective line 30 date of this section is prevented as of that date by the operation of line 31 any law or rule of law, including res judicata, that credit or refund line 32 may nevertheless be allowed or made if the claim therefor is filed line 33 before the close of the one-year period beginning on the effective line 34 date of the act adding this section. line 35 (e)  This section shall remain in effect only until January 1, 2029, line 36 and as of that date is repealed. line 37 SEC. 3. Section 24309.9 is added to the Revenue and Taxation line 38 Code, to read: line 39 24309.9. (a)  Gross income does not include any qualified line 40 amount received by a qualified taxpayer. 98 SB 1102 — 3 — 201 line 1 (b)  For purposes of this section: line 2 (1)  “Qualified amount” means any amount received in settlement line 3 by a qualified taxpayer from Amplify Energy Corp., Beta Operating line 4 Company, LLC, San Pedro Bay Pipeline Company, or any other line 5 settling defendant qualified taxpayer in settlement for claims line 6 relating to the October 2, 2021, oil spill off the coast of the County line 7 of Orange near the City of Huntington Beach. line 8 (2)  “Qualified taxpayer” means any of the following: line 9 (A)  Any taxpayer that owned real property located in the County line 10 of Orange near the City of Huntington Beach during the October line 11 2, 2021, oil spill who paid and or incurred expenses and received line 12 amounts from a settlement arising out of or pursuant to the October line 13 2, 2021, oil spill. line 14 (B)  Any taxpayer that resided within the County of Orange near line 15 the City of Huntington Beach during the October 2, 2021, oil spill line 16 who paid and or incurred expenses and received amounts from a line 17 settlement arising out of or pursuant to the October 2, 2021, oil line 18 spill. line 19 (C)  Any taxpayer that had a place of business within the County line 20 of Orange near the City of Huntington Beach during the October line 21 2, 2021, oil spill who paid and or incurred expenses and received line 22 amounts from a settlement arising out of or pursuant to the October line 23 2, 2021, oil spill. line 24 (3)  “Settlement entity” means the entity making the settlement line 25 payment to a qualified taxpayer as described in paragraph (2). line 26 (c)  The settlement entity shall provide, upon request by the line 27 Franchise Tax Board, documentation of the settlement payments line 28 in the form and manner requested by the Franchise Tax Board. line 29 (d)  (1)  This section shall apply to taxable years beginning line 30 before, on, or after the effective date of the act adding this section. line 31 (2)  If the credit or refund of any overpayment of tax resulting line 32 from the application of this section to a period before the effective line 33 date of this section is prevented as of that date by the operation of line 34 any law or rule of law, including res judicata, that credit or refund line 35 may nevertheless be allowed or made if the claim therefor is filed line 36 before the close of the one-year period beginning on the effective line 37 date of the act adding this section. line 38 (e)  This section shall remain in effect only until January 1, 2029, line 39 and as of that date is repealed. 98 — 4 — SB 1102 202 line 1 SEC. 4. (a)  For the purpose of complying with Section 41 of line 2 the Revenue and Taxation Code, the Legislature finds and declares line 3 that the purpose of the tax expenditure allowed pursuant to Sections line 4 17139.1 and 24309.9 of the Revenue and Taxation Code, as added line 5 by this act, is to provide essential relief to individuals who have line 6 suffered injury, loss, inconvenience, and expenses resulting from line 7 the devastating October 2, 2021, oil spill. line 8 (b)  (1)  On January 1, 2030, 2032, the Franchise Tax Board line 9 shall deliver to the Legislature a written report that includes both line 10 of the following: line 11 (A)  The number of qualified taxpayers that excluded qualified line 12 amounts from gross income, as those terms are used in this act, as line 13 a result of the tax expenditure allowed by this act. line 14 (B)  The aggregate amount of those settlement payments arising line 15 out of the October 2, 2021, oil spill. line 16 (2)  The report required by this subdivision shall be delivered line 17 to the Legislature pursuant to Section 9795 of the Government line 18 Code. line 19 (3)  The disclosure provisions of this subdivision shall be treated line 20 as an exception to Section 19542 under Article 2 (commencing line 21 with Section 19542) of Chapter 7 of Part 10.2 of Division 2 of the line 22 Revenue and Taxation Code, and any taxpayer information shall line 23 be in an aggregate and anonymized form. line 24 SEC. 5. The Legislature finds and declares that Sections line 25 17139.1 and 24309.9 of the Revenue and Taxation Code, as added line 26 by this act, are necessary for the public purpose of preventing line 27 undue hardship to taxpayers who reside, or used to reside, in a part line 28 of California devastated by oil spills, and do not constitute a gift line 29 of public funds within the meaning of Section 6 of Article XVI of line 30 the California Constitution. line 31 SEC. 6. This act is an urgency statute necessary for the line 32 immediate preservation of the public peace, health, or safety within line 33 the meaning of Article IV of the California Constitution and shall line 34 go into immediate effect. The facts constituting the necessity are: line 35 In order to provide essential relief to those persons who have line 36 suffered injury, loss, inconvenience, and expenses resulting from line 37 the devastating October 2, 2021, oil spill as soon as possible, it is line 38 necessary that this act take effect immediately. O 98 SB 1102 — 5 — 203 CITY OF HUNTINGTON BEACH 2000 MAIN STREET, HUNTINGTON BEACH, CALIFORNIA 92648-2702 GRACEY VAN DER MARK MAYOR 714.536.5553 May 8, 2024 The Honorable Janet Nguyen California State Senate 1020 O Street Sacramento, CA 95814 RE: SB 1214 – SUPPORT Dear Senator Nguyen, On behalf of the City of Huntington Beach, I write to express our support for SB 1214, which will form a commission to organize the celebration of our Country’s 250 th anniversary. Huntington Beach's first Fourth of July parade was held in 1904 to mark the first electric passenger train connecting the area to Los Angeles and Long Beach. Since that time, the parade has grown to be the largest in the United States and attracts an average of 500,000 attendees every year. We anticipate the parade for the Semiquincentennial to be spectacular and believe a commission to coordinate the celebrations happening throughout the State is much needed. It is for these reasons we support your SB 1214 and commend your efforts on this important matter. Sincerely, Gracey Van Der Mark Mayor Cc: Huntington Beach City Council 204 SENATE BILL No. 1214 Introduced by Senator Nguyen (Coauthors: Senators Allen, Dahle, Grove, Newman, Niello, Seyarto, and Wilk) (Coauthors: Assembly Members Alanis, Dixon, Gallagher, and Muratsuchi) February 15, 2024 An act to add and repeal Chapter 7.5 (commencing with Section 6750) of Division 7 of Title 1 of the Government Code, relating to the California Commission on the United States Semiquincentennial. legislative counsel’s digest SB 1214, as introduced, Nguyen. California Commission on the United States Semiquincentennial. Existing law establishes various commissions within state government. This bill would, until January 1, 2029, establish the California Commission on the United States Semiquincentennial in state government to celebrate the 250th anniversary of the signing of the Declaration of Independence and the founding of the United States of America. The bill would require the commission to plan and coordinate commemorations and observances of the 250th anniversary of the Declaration of Independence and the American Revolution. The bill would require the commission to be solely supported by private or federal funds made available for the purpose of supporting the commission. The bill would require that these funds be deposited in the Semiquincentennial Fund, and would create that fund in the State Treasury. The bill would require funds in the Semiquincentennial Fund to be available, upon appropriation by the Legislature, as specified. The bill would require the records, files, and other memoranda of the commission, other than any private possessions, to be deposited and 99 205 filed with the State Archives on or before June 30, 2028, and would require the State Archives to receive those materials. These provisions would become operative only if the Treasurer determines that sufficient private or federal funds have been made available. Vote: majority. Appropriation: no. Fiscal committee: yes.​ State-mandated local program: no.​ The people of the State of California do enact as follows: line 1 SECTION 1. The Legislature finds and declares all of the line 2 following: line 3 (a)  The year 2026 marks the 250th anniversary of the signing line 4 of the Declaration of Independence and the founding of the United line 5 States of America. line 6 (b)  The founding of the United States is one of the most line 7 significant and providential events in human history and should line 8 be celebrated accordingly. line 9 (c)  The United States Semiquincentennial Commission was line 10 established by Congress to inspire each and every American to line 11 participate in our greatest milestone ever, the 250th anniversary line 12 of the founding of the United States. line 13 (d)  The United States Semiquincentennial Commission will line 14 coordinate the commemoration and observance of the 250th line 15 anniversary of the Declaration of Independence and American line 16 Revolution, and is charged with orchestrating the largest and most line 17 inclusive anniversary observance in our nation’s history. line 18 (e)  The United States Semiquincentennial Commission consists line 19 of 8 members of Congress, 16 private citizens, and 9 federal line 20 officials, including the Secretary of State, Librarian of Congress, line 21 and Archivist of the United States. line 22 (f)  The United States Semiquincentennial Commission has line 23 encouraged states to establish state-level commissions to help plan line 24 and coordinate activities within each state celebrating the 250th line 25 anniversary of the nation’s founding. line 26 (g)  California has a unique history through its relationship with line 27 Spain, an ally of the Americans during the American Revolution. line 28 (h)  California is home to hundreds of thousands of descendants line 29 of the men and women who actively participated in the American line 30 Revolution and the founding of the United States. 99 — 2 — SB 1214 206 line 1 SEC. 2. Chapter 7.5 (commencing with Section 6750) is added line 2 to Division 7 of Title 1 of the Government Code, to read: line 3 line 4 Chapter 7.5. California Commission on the United line 5 States Semiquincentennial line 6 line 7 6750. (a)  The California Commission on the United States line 8 Semiquincentennial is hereby established in state government to line 9 plan and coordinate commemorations and observances of the 250th line 10 anniversary of the Declaration of Independence and the American line 11 Revolution. line 12 (b)  The commission shall be composed of 11 members as line 13 follows: line 14 (1)  The State Archivist, who shall serve as chairperson. line 15 (2)  Two members of the California State Assembly shall be line 16 appointed by the Speaker of the Assembly. line 17 (3)  Two members of the California State Senate shall be line 18 appointed by the Senate Committee on Rules. line 19 (4)  One member of the general public shall be appointed by the line 20 Speaker of the Assembly. line 21 (5)  One member of the general public shall be appointed by the line 22 Senate Committee on Rules. line 23 (6)  Three members of the general public shall be appointed by line 24 the Governor. line 25 (7)  One member shall be appointed by the State Archivist from line 26 a list of individuals with relevant historical experience proposed line 27 by the California Historical Society. line 28 (c)  Members appointed to the commission pursuant to line 29 subdivision (b) shall serve at the pleasure of the appointing line 30 authority. line 31 (d)  (1)  The commission shall be solely supported by private line 32 funds or funds made available by the federal government for the line 33 purpose of supporting the commission. line 34 (2)  The funds specified in paragraph (1) shall be deposited in line 35 the Semiquincentennial Fund, which is hereby created in the State line 36 Treasury. Funds in the Semiquincentennial Fund shall be available, line 37 upon appropriation by the Legislature, for the express purpose of line 38 this chapter. line 39 (e)  On or before June 30, 2028, the records, files, and other line 40 memoranda of the commission, other than any private possessions, 99 SB 1214 — 3 — 207 line 1 shall be deposited and filed with the State Archives, which shall line 2 receive those materials. line 3 (f)  This section shall become operative only if the Treasurer line 4 determines that sufficient private or federal funds, as described in line 5 paragraph (1) of subdivision (d), have been made available. line 6 6751. This chapter shall remain in effect only until January 1, line 7 2029, and as of that date is repealed. O 99 — 4 — SB 1214 208 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:24-321 MEETING DATE:5/7/2024 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Eric G. Parra, Interim City Manager VIA:Scott M. Haberle, Fire Chief PREPARED BY:Kevin Justen, Senior Management Analyst Subject: Approve and authorize execution of the termination of City of Huntington Beach Memorandum of Understanding between the City of Huntington Beach and Friends of the HB Junior Guards Statement of Issue: The Friends of the HB City Junior Guards (FJG) and the City have enjoyed a long-term association, first memorialized in a Memorandum of Understanding (MOU) in 2005. This has provided youth from the City and the surrounding area the opportunity to learn ocean safety, lifesaving techniques, first aid, marine ecology, fitness and other valuable skills. FJG also has responsibility for the purchase of all clothing, uniforms and merchandise for the program. Participants purchase these supplies from FJG. On April 9, 2024, the FJG met and voted to terminate the existing MOU with the City. They also requested, in accordance with provisions in the MOU, that the City purchase all unsold supplies. At this time, approval of the attached termination agreement ending the MOU is requested, along with an allocation of $129,000 for the purchase of unsold FJG inventory. Financial Impact: The proposed action would have a net neutral impact because the requested allocation will be offset by sales of Junior Lifeguard clothing, uniforms and merchandise. Recommended Action: A) Approve and authorize the Interim City Manager to execute Termination of City of Huntington Beach Memorandum of Understanding with Friends of the HB Junior Guards (Att 1); and B) Appropriate $129,000 to business unit 10065205 for the purchase of Junior Lifeguard Program clothing, uniforms and merchandise from the Friends of the HB City Junior Guards. Alternative Action(s): Do not approve the termination agreement of the MOU or the allocation and direct staff accordingly. City of Huntington Beach Printed on 5/1/2024Page 1 of 2 powered by Legistar™209 File #:24-321 MEETING DATE:5/7/2024 Analysis: Since approval of an MOU in 2005, the FJG and the City have benefited a long-term association. They are a tax-exempt, non-profit charitable corporation established to support and enhance the Huntington Beach Junior Lifeguard Program. The FJG does this by providing funding for program scholarships, equipment, training, and other resources that help promote ocean safety, physical fitness and environmental stewardship among youth in the community. In 2021, the FJG amended their MOU with the City to assume responsibility for the purchase of all program clothing, uniforms and merchandise. These supplies are purchased by participants from FJG and the amended MOU with this requirement is shown as Attachment 3. The FJG voted to terminate the existing MOU with the City on April 9, 2024 and requested, in accordance with Section 5 of the MOU, that the City purchase all unsold inventory. Their letter is shown as Attachment 2. At this time, approval of a termination agreement ending the MOU is requested. It is shown as Attachment 1. An allocation of $129,000 for the purchase of unsold FJG inventory is also requested. This funding will be provided to FJG as documentation of purchases is provided and inventory transferred to the City. The Fire Chief, working with Finance Department staff, will review and approve these transactions. Purchases will be offset by sale of merchandise through the City’s authorized vendor for Junior Lifeguard Program merchandise. Environmental Status: This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1. Termination of City of Huntington Beach Memorandum of Understanding with Friends of the HB Junior Guards 2. Friends of HB Junior Guards Letter 3. First Amended and Restated Memorandum of Understanding Between the City of Huntington Beach and the Friends of the HB City Junior Guards City of Huntington Beach Printed on 5/1/2024Page 2 of 2 powered by Legistar™210 211 TERMINATION OF CITY OF HUNTINGTON BEACH MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF HUNTINGTON BEACH AND FRIENDS OF THE HB JUNIOR GUARDS The CITY OF HUNTINGTON BEACH, a Charter City of the State of California ("CITY") and FRIENDS OF THE HB JUNIOR GUARDS ("FRIENDS"), a California non- profit public benefit corporation ("FJG") entered into a Memorandum of Understanding on February 7, 2005 to provide the furniture, fixtures and equipment for the Marine Safety Educational Center. On March 1, 2011 CITY and FIG entered into a new Memorandum of Understanding for FIG to provide the design and construction of the Junior Guard Storage Building adjacent to the Educational Center. The CITY is obligated to purchase any and all FJG's unsold inventory of new uniforms, clothing and merchandise at FJG's original purchase price. Upon satisfactory receipt of invoices and proof of payment from FIG and inventory count prepared and documented by CITY, both approved and signed by the Fire Chief or designee, the CITY will reimburse FIG within fourteen (14) business days for the amount equal to the unsold inventory. Additionally, the City may purchase up to $15,000 of any additional new, unused inventory for resale by the CITY upon providing satisfactory alternate supporting documentation approved by both the Fire Chief and the Chief Financial Officer. CITY will provide payment to FIG within fomieen (14) business days for the approved amounts. Upon termination, FIG will no longer have access to or use of the Marine Safety Education Center. The CITY OF HUNTINGTON BEACH and FRIENDS OF THE HB JUNIOR GUARD hereby agree to terminate this Memorandum of Understanding. IN WITNESS WHEREOF, the parties hereto have caused this MOU to be terminated as of May 7, 2024. 24-14488/338031 212 FRIENDS OF THE HB JUNIOR GUARDS, a California non-profit public benefit corporation ITS: (circle one)~ChiefFinancial Offi cer/ Asst. Secr~asurer REVIEWED AND APPROVED: City Manager 24-14488/338031 CITY OF HUNTINGTON BEACH Mayor City Clerk INITIATE D AND APPROVED: Fire Chief TO FORM: /ty Attorney 213 April 15, 2024 Friends of HB City Junior Guards P.O. Box 5082 Huntington Beach, CA 92615 FriendsofHBJG@gmail.com @FriendsofHBJG To: Huntington Beach Fire Department Scott M. Haberle, Fire Chief 2000 Main Street Huntington Beach, CA 92648 Re: The First amended and restated Memorandum of Understanding between The City of Huntington Beach and Friends of the H.B. City Junior Guards. Approved by the Huntington Beach City Council on March 15, 2021. Friends of the H.B. City Junior Guards board met on April 9, 2024 and voted unanimously to terminate the first amended and restated Memorandum Of Understanding between the City of Huntington Beach and Friends of the H.B. City Junior Guards, approved by the City Council, here after referred to as the "MOU". In accordance with page 4, section 5 as the subject MOU. Friends of the H.B. City Junior Guards, here after referred to as "FGJ's" or "FJG" is here by giving written notice to the CITY of Huntington Beach of the termination of the subject MOU effective 6 months from the date of this notification, or at an earlier date if agreed upon by both the CITY of Huntington Beach and the FJG's. Also, under page 4 section 5 of the MOU, the CITY will be obligated to purchase any and all of the FJG's unsold inventory of new uniforms, clothing, and merchandise at FJG's original purchase price. FJG will provide the CITY with a complete inventory and invoices for the original purchase price of said items. FJG'S will also provide the CITY with an invoice for reimbursement to Friends of the H.B. City Junior Guards on or before May 1, 2024. ResQect~." llyyj , )JOP-vCf {u < fat{ccr7/ David W. Simcox, p(e~ident / Friends of the H.B. City Junior Guards 214 FIRST AMENDED AND RESTATED MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF HUNTINGTON BEACH AND FRIENDS OF THE HB CITY JUNIOR GUARDS THIS FIRST AMENDED AND RESTATED MEMORANDUM OF UNDERSTANDING ("MOU") is made and entered into by and between the CITY OF HUNTINGTON BEACH, a Charter City of the State of California ("CITY") and FRIENDS OF THE HB CITY JUNIOR GUARDS, a California non-profit public benefit corporation ("FJG"). WHEREAS, FJG was organized as an Internal Revenue Code Section 501(c)(3) charitable corporation for the sole purpose of supporting the Huntington Beach Junior Lifeguard Program, a summer youth program operated by the CITY for the benefit of the youth of Huntington Beach and surrounding communities designed to provide participants with the oppo1iunity to learn ocean safety, surf lifesaving techniques, first aid, marine ecology, and oceanography in a context that is both physical and disciplined, fostering self-confidence and respect for others (the "PROGRAM"); and Although the California Franchise Tax Board suspended FJG for failure to file tax returns, FJG recently filed it delinquent returns , and now is a corporation in good standing; and On or about February 7, 2005, CITY and FJG entered into a "Memorandum of Understanding Between the City of Huntington Beach and Friends of the Junior Lifeguards" ("2005 MOU"), pursuant to which the FJG provided the furniture, fixtures and equipment for the newly constructed Marine Safety Educational Center ("Educational Center"), the Home of the PROGRAM; and On March 21 , 2011, CITY and FJG entered into a new Memorandum of Understanding (the "2011 MOU") pursuant to which FJG funded the design and construction of the Junior Guard Storage Building ("Storage Building") adjacent to the Educational Center. The 2011 MOU further provided that FJG may use the Educational Center for its Board meetings and other activities for the benefit of the PROGRAM, subject to the approval of the City Fire Chief. The 2011 MOU expires on March 20, 2026; and The proceeds of FJG's fundrai s ing activities serve multiple PROGRAM purposes , including but not limited to funding scholarships for youths to attend the PROGRAM, and offering financial assistance to youths attending the New Zealand exchange program every three years, or according to intervals as the Fire Chief establishes in writing; and The Logo of the PROGRAM is the phrase "Huntington Be ach Jr Lifeguard" circling a United States Shield (the "LOGO"). CITY owns the trademark to the LOGO; and 20-921 9/24191 3/SFF 215 All youths enrolled in the PROGRAM ("Participants") are required to wear tee- shirts, and board sh011s bearing the LOGO. Currently, CITY provides each Participant, as part of the PROGRAM enrollment fee, two shitts, men's or women's board shorts, and a backpack, all bearing the LOGO; and Pursuant to the terms of this MOU , beginning Summer 2021, CITY will no longer provide Participants with shi1ts, board sh01ts, and backpacks as part of the PROGRAM enrollment fee. Instead, CITY will only require that Paiticipants wear either new or used tee-shitts, and board shorts bearing the LOGO; and Pursuant to the terms of this MOU, beginning Summer 2021, FJG shall sell all clothing, towels and other merchandise bearing the LOGO, including but not limited to men's and women's board shorts, backpacks, tee-shi11s, sweatshi11s, stickers, dog tags, license plate frames, and towels. FJG shall also retain an artist to prepare yearly novel beach-related art work to appear on clothing and merchandise; and FJG and CITY desire to enter into this First Amended and Restated Memorandum of Understanding ("AMENDED MOU") to clarify the future respective obligations of the CITY and FJG, NOW, THEREFORE, for and in consideration of the promises and covenants hereinafter contained and intending to be legally bound, the parties covenant and agree as follows: 1. OBLIGATIONS OF FJG A. At all times, FJG shall operate as a volunteer operated entity, with no employees. As necessary, FJG may retain and pay independent contractors, including accountants and bookkeepers, to accomplish its objectives. B. FJG agrees to continue its operations as a tax-exempt, non-profit charitable corporation pursuant to IRC 501(c)(3). C. FJG shall organize and paiticipate in fundraising activities for the benefit of the PROGRAM. 2. SALE OF LOGO AND PROGRAM RELATED MERCHANDISE A. Effective upon the execution of this Amended MOU by FJG and its approval by the City Council, FJG shall assume the obligation to manufacture, procure and sell all clothing, towels and other merchandise bearing the LOGO, including but not limited to men's and women's board shorts, backpacks, tee-shirts, sweatshitis, stickers, dog tags, license plate frames, and towels. FJG may sell additional merchandise bearing the LOGO with the approval of the Fire Chief, or his or her designee. 2 20-9219/241913/SFF 216 B. FJG shall use its own funds to purchase the PROGRAM related clothing and merchandise it sells. C. FJG shall retain an ai1ist to prepare yearly nove l beach-related mi work to appear on clothing and merchandise. FJG shall sell such clothing and merchandise to the general public. D. FJG shall only sell tee-shii1s, and men's and women's board sh011s bearing the LOGO to persons the CITY has certified are Participants in the PROGRAM. E. FJG shall sell all clothing and merchandise exclusively through its electronic p011al, and receive payment via credit or debit card. FJG shall not accept cash payment, except that currency purchases may be permitted according to written procedures approved by the City Chief Finance Officer or his or her designee. Delivery will be by mail, at PROGRAM enrollment, at the beach, and at other events related to the PROGRAM. F. FJG shall sell required clothing for the PROGRAM at its cost, plus Two Dollars, or at a higher mark-up as approved by the Fire Chief. G. FJG shall be responsible for collecting and pay ing all sales tax on merchandise sales. 3. USE OF THE PROCEEDS FROM MERCHANDISE SALES AND FUND RAISING A. The primary charitable purpose for the funds FJG obtains through the sale of clothing and merchandise and its other fund-raising events is to provide scholarships to the annual PROGRAM, assistance to yo uth pru1icipating in the New Zealand Junior Lifeguard Exchange Program, and providing financial support to the objectives of the PROGRAM. B. FJG shall provide its Annual Financial Statement and Tax Return to the City Fire Chief each year, by no later than April 15. C. Beginning March 1, 2021, and each year thereafter, the President of FJG shall provide the Fire Chief a budget providing the estimated charitable proceeds anticipated to be available for expenditure during the calendar year, along with the charitable amounts anticipated to be used for Pm1icipant and New Zealand scholarships, as well as other expenditures for the benefit of the PROGRAM. D. Prior to April 1 each yea r, the Fire Chief shall provide the Board of Directors of FJG with the City's recommended budget for the expenditure of FJG's charitable funds. 3 20-92 19/24 191 3/SFF 217 E. The Board of Directors of FJG shall consider the City's recommended budget, but retains its own discretion to adopt its own budget for expenditure of FJL charitable funds. 4. USE OF MARINE EDUCATIONAL CENTER AND STORAGE BUILDING CITY agrees for the term of this Amended MOU that: a. FJG may use the Educational Center for its monthly board meetings and such other uses as deemed appropriate by CITY 's Fire Chief or his or her designee. b. The furniture, fixtures and equipment FJG donated to CITY pursuant to the 2005 MOU shall continue to be used at the Educational Center for PROGRAM related purposes for the term of this Amended MOU. c. CITY shall use the Storage Building exclusively for storage of PROGRAM related equipment. d. CITY grants FJG no title or interest of any kind to the Educational Center, Storage Building or the furnishing thereof, and FJG disclaims any interest in the same. FJG's right under this Amended MOU to use the Educational Center or Storage Center is non-exclusive. 5. TERM This Amended MOU will become effective on the date it is approved by the City Council of the CITY and shall terminate August 31, 2026. Upon mutual written consent of the parties, this AMENDED MOU may be extended for one additional ten (10) year term. Either party may terminate this MOU upon six (6) months advance written notice to the other party, provided that: (1) no early termination of this Agreement shall relieve CITY of its obligation to use the STORAGE BUILDING exclusively for storage of PROGRAM related equipment through August 31, 2026; and (2) City will be obligated to purchase any and all of FJG's unsold inventory of new uniforms, clothing and merchandise at FJG's original purchase price. FJG's equitable interest in the CENTER and STORAGE BUILDING shall terminate at the end of the term of this Amended MOU. 6. HOLD HARMLESS FJG shall protect, defend, indemnify and hold harmless CITY, its officers, officials, employees, and agents from and against any and all liability, loss, damage, expenses, costs (including without limitation, costs and fees of litigation of every nature) arising out of or in connection with performance of this MOU or its fai lure to comply with any of its obligations contained in this MOU except such loss or damage which was caused by the sole negligence or willful misconduct of City . 4 20-92 19/24191 3/SFF 218 7. WORKERS' COMPENSATION INSURANCE Pursuant to California Labor Code Section 1861, F JG acknowledges awareness of Section 3 700 et seq. of said Code, which requires every employer to be insured against liability for workers' compensation. FJG covenants that it will comply with such provisions prior to commencing performance of the work hereunder. If FJG is required by California law to maintain workers' compensation insurance, FJG shall maintain workers' compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident , each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. FJG shall require all subcontractors to provide workers' compensation insurance for all of the subcontractors' employees. FJG shall furnish to City a certificate of waiver of subrogation under the terms of the workers' compensation insurance. 8. GENERAL LIABILITY INSURANCE In addition to the workers' compensation insurance and FJG's covenant to indemnify City, FJG shall obtain and furnish to City, a policy of general public liability insurance, including motor vehicle coverage. Said policy shall indemnify FJG, its officers, agents and employees, while acting within the scope of their duties, against any and all claims arising out of or in connection with this Agreement, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of $1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than $1,000,000. Said policy shall name City, its agents, its officers, employees and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable shall be deemed excess coverage and that FJG's insurance shall be primary. Under no circumstances shall the above-mentioned insurance contain a self-insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 9. ASSIGNING AS BREACH Neither Pa1ty shall encumber, assign, or otherwise transfer this Amended MOU , or any right or interest in this Amended MOU, without the express written consent of the other party. A consent by a party to one assignment or transfer to another person shall not be deemed to be a consent to any subsequent assignment or transfer to another person. Any encumbrance, assignment or transfer, without the prior written consent of the other party, whether it be voluntary or involuntary, by operation of law or otherwise, is void and shall , at the option of the other party , terminate this Amended MOU . 5 20-9219/241913/SFF 219 10. CONFLICT OF INTEREST FJG shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Amended MOU. No officer or employee of CITY shall have any financial interest in this MOU in violation of the applicable provisions of the California Government Code. 11. PHOTOGRAPHY CITY may grant permits to persons engaged in the production of still and motion pictures, television programs, advertising and related activities, to take photographs and/or motion pictures of the PROGRAM. 12. CUMULATIVE REMEDIES The remedies given to the parties in this Amended MOU shall not be exclusive but shall be cumulative and in addition to all remedies now or hereafter allowed by law or elsewhere provided in this MOU. 13. WAIVER OF BREACH The waiver by CITY of any breach by FJG of any of the provisions of this Amended MOU, irrespective of the length of time for which such failure continues, shall not constitute a waiver of such breach or a waiver of any subsequent breach by FJG either of the same or another provision of this Amended MOU. 14. FORCE MAJEURE -UNAVOIDABLE DELAYS Should the performance of any act required by this Amended MOU to be performed by either CITY or FJG be prevented or delayed by reason of an act of God, strike, lockout, labor troubles, inability to secure materials, re strictive governmental laws or regulations, or any other cause ( except finan cial inability) not the fault of the party required to perform the act, the time for performance of the act will be extended for a period equivalent to the period of delay and performance of the act durin g the period of delay will be excused. 15. NOTICE Any written notice, g iven under the terms of this MOU, shall be either delivered personally or mailed, certified mail, p ostage prepaid, addressed to the patty concerned, as follows: 6 20-92 19/24 191 3/SFF 220 CITY: Fire Chief City of Huntington Beach 2000 Main Street P.O. Box 190 Huntington Beach, CA 92648 FIG : Friends of the HB Junior Guards 2000 Main Street PO Box 190 Huntington Beach, , CA 92648 If a party desires to change the address for notices set forth herein, said party will provide 30 days advance written notice to the other patty of any such change. 16. ATTORNEY'S FEES In the event of any litigation to enforce the terms and provisions of this Amended MOU, each party shall bear its own costs and attorney's fees. The prevailing party shall not be entitled to recover its attorneys' fees from the non-preva iling pmty. 17. CONTROLLING LAW AND VENUE The rights a nd liabilities of the patties, and the interpretation and construction of this MOU, shall be determined in accordance with the laws of the State of California. Any controversy arising out of or under this Amended MOU, if litigated, shall be adjudicated in a comt of competent jurisdiction in Orange County, California. 18. SECTION TITLES Section titles in this Amended MOU are inse1ted only as a matter of convenience and for reference, and in no way define, limit or describe the scope of intent of this Amended MOU or in any way affect this Amended MOU. 19. T IME OF ESSENCE Time is of the essence with respect to all provisions of this Amended MOU in which a definite time for performance is specified including, but not limited to, the expiration of this Amended MOU. 20. SURVIVAL OF INDEMNITIES Termination of this Amended MOU shall not affect the right of CITY to enforce any and all indemnities given or made by FIG under thi s Amended MOU, nor shall it affect any provision of this Amended MOU that expressly states that the provision shall survive termination thereof. 7 20-92 19/24 19 13/SFF 221 21. NONLIABILITY OF CITY OFFICIALS, EMPLOYEES OR AGENTS No elective or appointed CITY or CITY affiliated board, commission or member thereof, or officer, official, employee or agent of CITY shall be personally liab le to FJG, its successors and assigns , of any default or breach by CITY under this Amended MOU or for any amount which may become due to FJG, its successors and assigns , under this Amended MOU or for any obligation of CITY under this Amended MOU. 22. INTEGRATION This Amended MOU contains and embraces the entire agreement between the parties hereto and neither it nor any part of it may be changed, altered, modified, limited or extended orally or by any other agreement between the pa11ies unless such agreement be expressed in w riting, signed and acknowledged by CITY and FJG, or their successors in interest. 23. PARTIAL INVALIDITY Should any provision of this Amended MOU be held by a court of competent jurisdiction to be either invalid, void , or unenforceable, the remaining provisions of this Amended MOU shall remain in full force and effect unimpaired by the holding, so long as the reasonable expectations of the pat1ies hereto are not materially impaired. 24. AMENDED MOU IN COUNTERPARTS This Amended MOU may be executed in counterpai1s , each of which shall be deemed an original, but all of which taken together shall constitute one and the same document. 8 2 0-92 19/241 9 13/SFr 222 25. ENTIRETY The foregoing sets fo1th the entire agreement between the parties. IN WITNESS WHEREOF, the paities hereto have caused this Amended MOU to be executed by and through their authorized officers on March 15 ,2021. FRIENDS OF THE HB JUNIOR GUARDS, a California non-rofit ublic benefit corporation AND By~~ print name ITS: (circle one) Seer Officer/ Asst. Secretary APPROVED: ~ City Manager 20-92 19/24 191 3/SFF 9 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of Califo~·nia ,, _/'? ~ ~ Mayor INITIATED AND APPROVED: City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:24-325 MEETING DATE:5/7/2024 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Eric G. Parra, Interim City Manager VIA:Scott M. Haberle, Fire Chief PREPARED BY:Kevin Justen, Senior Management Analyst Subject: Approve and authorize an agreement with Huntington Surf and Sport for Junior Lifeguard Program clothing, uniforms and merchandise Statement of Issue: The Junior Lifeguard Program is conducted annually and provides area youth the opportunity to learn ocean safety, lifesaving techniques, first aid, marine ecology, fitness and other valuable skills. The program provides clothing, uniforms and merchandise to participants through the Friends of the HB City Junior Guards, a non-profit 501(3)c corporation. The Friends group recently notified the City that they are not willing to continue providing these supplies and a Request for Qualification process was conducted, resulting in one bidder, Huntington Surf and Sport. At this time, it is requested that the agreement shown as Attachment 1 be approved, authorizing Huntington Surf and Sport to serve as the vendor for these supplies. Financial Impact: Because Junior Lifeguard Program participants will purchase clothing, uniforms and merchandise directly from Huntington Surf and Sport, approval of this agreement will have no financial impact to the City. Recommended Action: Approve and authorize the Interim City Manager to execute the agreement with Huntington Surf and Sport for Junior Lifeguard Program clothing, uniforms and merchandise. Alternative Action(s): Do not approve agreement and direct staff accordingly Analysis: Annually approximately 1,300 area youth participate in the Junior Lifeguard Program. This summer program provides youth from the City and the surrounding area the opportunity to learn ocean safety, City of Huntington Beach Printed on 5/1/2024Page 1 of 2 powered by Legistar™223 File #:24-325 MEETING DATE:5/7/2024 lifesaving techniques, first aid, marine ecology, fitness and other valuable skills. Participants are provided Junior Lifeguard uniforms, including a backpack, T-shirt, boardshorts, sweatshirt and hat. Since 2021, these items have been obtained from the Friends of the HB Junior Guards (FJG), a tax-exempt, non-profit charitable corporation established to support and enhance the Huntington Beach Junior Lifeguard Program. In April 2024, FJG formally notified the City that they would be terminating their MOU with the City and no longer providing program supplies. Previously they informed staff that they no longer desired to continue serving as the vendor for these items and a request, for qualification process was conducted to find a replacement. Only one vendor responded to the RFQ process and at this time it is recommended that the City Council approve and authorize an agreement with Huntington Surf and Sport to provide Junior Lifeguard Program clothing, uniforms and merchandise. Environmental Status: This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1. Agreement with Huntington Surf and Sport for Junior Lifeguard Program Clothing, Uniforms and Merchandise City of Huntington Beach Printed on 5/1/2024Page 2 of 2 powered by Legistar™224 225 LICENSE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND HUNTINGTON SURF AND SPORT INC. THIS AGREEMENT is made and entered into this eighth day of May, 2024 by and between THE CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY," and HUNTINGTON SURF AND SPORT INC., a California Corporation, hereinafter referred to as "HSS." WHEREAS, CITY has an ongoing ocean education and safety program known as the Huntington Beach Junior Lifeguard Program for the benefit of the youth of Huntington Beach and surrounding communities designed to provide participants with the opportunity to learn ocean safety, surf lifesaving techniques, first aid, marine ecology, and oceanography in a context that is both physical and disciplined, fostering self-confidence and respect for others (the "PROGRAM"); and WHEREAS, CITY has developed and owns the LOGO of the PROGRAM. Logo of the PROGRAM is the phrase "Huntington Beach Jr. Lifeguard" circling a United States Shield ("LOGO"). CITY owns the trademark to the LOGO; and WHEREAS, all youths enrolled in the PROGRAM ("Participants") are required to wear tee-shirts and board shorts bearing the LOGO. Currently, CITY provides each Participant, as part of the PROGRAM enrollment fee, two shirts, men's or women's board shorts, and a backpack, all bearing the LOGO; and NOW, THEREFORE, it is agreed by CITY and HSS as follows: I. SALE OF LOGO AND PROGRAM RELATED MERCHANDISE a. Effective immediately upon the execution of this Agreement by HSS and its approval by the City Council, HSS shall assume the right and obligation to manufacture procure and sell all clothing, towels, and other merchandise bearing the LOGO, including but not limited to all newly produced board shorts, backpacks, tee-shirts, sweatshirts, stickers, dog tags, license plate frames, and towels. HSS may sell additional merchandise bearing the LOGO with the approval of the Fire Chief, or his or her designee. 24-14007 /338073 I 226 b. The City reserves the right to sell any merchandise bearing the LOGO produced before the approval of this Agreement. The City agrees to give HSS the option to purchase and/or sell the goods at a rate determined to be reasonable by the CITY before the CITY sells any formerly produced merchandise bearing the LOGO. c. HSS shall retain or hire an artist to prepare yearly novel beach-related artwork to appear on clothing and merchandise at its sole cost and expense. HSS shall sell such clothing and merchandise to the general public. d. HSS shall only sell shirts, and board shmis bearing the LOGO to persons the CITY has certified are Participants in the PROGRAM. e. HSS shall comply with the scope of services and all production requirements contained in Request for Qualifications for Producer and Vendor of Junior Lifeguard Program Uniforms, attached as ATTACHMENT 1. f. HSS shall sell required clothing for the PROGRAM per ATTACHMENT 2 with any ammal CPI increase capped at 5%. g. HSS shall be responsible for collecting and paying all sales tax on merchandise sales. 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with HSS in the performance of this Agreement. The CITY may reassign the staff coordinator role or assign multiple coordinators at any time. 3. TERM OF AGREEMENT The term of this Agreement shall be for the period commencing on May 8, 2024 ("Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. Either CITY or HSS may terminate the Agreement at any time without cause with one hundred eighty (180) days prior written notice to the other party or at an earlier time with the written consent of the non-terminating party. The paiiies may agree in writing to extend the Agreement for one additional three-year term. 4. BOOKS AND RECORDS A. Commencing one month after the approval of this Agreement and each month thereafter during the term of this Agreement (including any extension thereof), HSS shall prepare, maintain and transmit to CITY a monthly statement of all wholesale and retail merchandise sold by it during the previous month. Each such monthly statement shall be submitted to CITY no later than twenty (20) days after the end of the previous calendar month. 24-14007 /338073 2 227 B. CITY shall have the right to inspect HSS's books and records stated and described in this section and to conduct a financial audit of such books and records with 30 days notice at any time during this agreement. C. LICENSE shall at all times keep or cause to be kept, complete and accurate records and books of account showing the total amount of gross sales of any retail or wholesale merchandise covered by this Agreement. D. HSS agrees to maintain for a period of seven (7) years following the close of each calendar month all records and books of account and all cash register tapes showing or in any way pertaining to the sale of retail or wholesale merchandise covered by this Agreement. 5. USE OF CITY SEALS AND LOGOS CITY reserves the sole right to approve the use of protected CITY seals and all other protected CITY provided logos or marks as it may deem appropriate, excluding license agreements previously entered upon. 6. INDEMNIFICATION DEFENSE HOLD HARMLESS HSS hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers and employees against any and all liability, claims, lawsuits, judgments, costs and demands, however caused, including those resulting from death or injury to HSS's employees and damage to HSS's property, arising directly or indirectly out of the obligations or operations herein undertaken by HSS, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. HSS will conduct all defense at its sole cost and expense. CITY shall be reimbursed by HSS for all costs or attorney fees incurred by CITY in enforcing this obligation. 7. WORKERS' COMPENSATION HSS shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of the California Labor Code and all amendments thereto; and all similar state and federal acts or laws applicable• and shall indemnify, defend and hold harmless CITY from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including attorney's fees and costs presented, brought or recovered against CITY, for or on account of any liability under any said acts which may be incurred by reason of work to be performed by HSS under this Agreement. HSS shall obtain and furnish to CITY, as required by the State of California, evidence of maintenance of statutory workers' compensation insurance and employers' liability in an amount of not less than $1,000,000 per accident for bodily injury or disease. If the organization/company 24-14007 /3 3 8073 3 228 has no compensated employees working, HSS may complete and return a "non-employer status" form to be used in lieu of a workers' compensation insurance certificate. 8. GENERAL LIABILITY INSURANCE HSS shall obtain and furnish to CITY a policy of general public liability insurance, including motor vehicle coverage. Said policy shall indemnify HSS, its officers, agents and employees, while acting within the scope of their duties, against any and all claims arising out of or in connection with this Agreement, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of $1.00 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than $1,000,000. Said policy shall name CITY, its officers, agents and employees as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to this Agreement shall be deemed excess coverage and that HSS's insurance shall be primary. 9. CERTIFICATES OF INSURANCE Prior to commencing performance of the work hereunder, HSS shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement, said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice to CITY. HSS shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for catTying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by HSS under this Agreement. CITY or its representative at all times have the right to demand the original or a copy of all said policies of insurance. HSS shall pay, in a prompt and timely manner, the premiums on all forms of insurance hereinabove required. 10. INDEPENDENT CONTRACTOR HSS is, and shall be, acting at all times in the performance of this Agreement as an independent contractor. HSS shall secure at its expense, and be responsible for any and all payments of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for HSS and its officers, agents and employees and all business licenses, if any, in connection with the services to be performed hereunder. 11. CITY EMPLOYEES AND OFFICIALS HSS shall employ neither CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code Section 1090 et seq. 24-14007 /3 3 8073 4 229 12. PHOTOGRAPHY CITY may grant permits to persons engaged in the production of still and motion pictures, television programs, advertising and related activities, to take photographs and/or motion pictures of the PROGRAM and its LOGO. 13. NON-ASSIGNABILITY HSS shall not sell, assign, transfer, convey or encumber this Agreement. Any such sale, assignment, transfer, conveyance or encumbrance shall be deemed null and void as to CITY and shall be of no force and effect. Any encumbrance, assignment or transfer, without the prior written consent of the other party, whether it be voluntary or involuntary, by operation of law or otherwise, is void and shall, at the option of the other party, terminate this Agreement. 14. CUMULATIVE REMEDIES The remedies given to the parties in this Agreement shall not be exclusive but shall be cumulative and in addition to all remedies now or hereafter allowed by law or elsewhere provided in this Agreement. 15. WAIVEROFBREACH The waiver by CITY of any breach by HSS of any of the provisions of this Agreement, irrespective of the length of time for which such failure continues, shall not constitute a waiver of such breach or a waiver of any subsequent breach by HSS either of the same or another provision of this Agreement. 16. FORCE MAJEURE -UNA VOIDABLE DELAYS Should the perfmmance of any act required by this Agreement to be performed by either CITY or HSS be prevented or delayed by reason of an act of God, strike, lockout, labor troubles, inability to secure materials, restrictive goverrunental laws or regulations, or any other cause ( except financial inability) not the fault of the party required to perform the act, the time for performance of the act will be extended for a period equivalent to the period of delay and performance of the act during the period of delay will be excused. 17. NOTICES Any notices of special instructions required to be given in writing under this Agreement shall be given either by personal delivery to HS S's agent or to CITY's Office of Business Development as the situation shall warrant, or by enclosing the same in a sealed envelope, 24-14007 /3 3 8073 5 230 postage prepaid, and depositing the same in the United States Postal Services, addressed as follows: TO CITY: City of Huntington Beach ATTN: Fire Chief 2000 Main Street Huntington Beach, CA 92648 18. IMMIGRATION TO: HUNTINGTON SURF & SPORT Huntington Surf & Sport ATTN: Aaron Pai 300 Pacific Coast Highway, Suite 410 Huntington Beach, CA 92648 HSS shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 19. LEGAL SERVICES SUBCONTRACTING PROHIBITED HSS and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. HSS understands that pursuant to Huntington Beach Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by HSS for whatever reason. 20. ATTORNEY'S FEES In the event of any litigation to enforce the terms and provisions of this AGREEMENT, each party shall bear its own costs and attorney's fees. The prevailing party shall notbe entitled to recover its attorneys' fees from the non-prevailing patty. 21. CONTROLLING LAW AND VENUE The rights and liabilities of the patties, and the interpretation and construction of this Agreement, shall be determined in accordance with the laws of the State of California. Any controversy arising out of or under this Agreement, if litigated, shall be adjudicated ina court of competent jurisdiction in Orange County, California. 22. SECTION TITLES Section titles in this Agreement are used only as a matter of convenience and for reference, and in no way define, limit or describe the scope of intent of this Agreement or in any way affect this Agreement. 24-14007/338073 6 231 23. TIME OF ESSENCE Time is of the essence with respect to all provisions of this AGREEMENT in which a definite time for performance is specified including, but not limited to, the expiration of this Agreement. 24. PARTIAL INVALIDITY Should any provision of this AGREEMENT be held by a court of competent jurisdiction to be either invalid, void, or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect unimpaired by the holding, so long as the reasonable expectations of the pat 1 ies hereto are not materially impaired. 25. ENTIRETY The foregoing sets forth the entire Agreement between the parties, and supersedes any prior agreements. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be execu_ted by and through their authorized officers the day, month and year first written above. HUNTINGTON SURF & SPORT, INC. CITY: _ CITY OF HUNTINGTON BEACH, a /AyL 0 £. />,ier ,: Municipal corporation of the State of California By: -~ /a,_; -j/," /;.,.,.t,_,1- Mayor ATTEST: City Clerk INITIATED AND APPROVED: Fire Chief REVIEWED AND APPROVED: City Manager APPROVED AS TO FORM: f1 _C_i_ty_A_tt-orn-ey _____ G_.C ( 24-14007 /3 3 8073 7 232 23. TIME OF ESSENCE Time is of the essence with respect to all provisions of this AGREEMENT in which a definite time for performance is specified including, but not limited to, the expiration of this Agreement. 24. PARTIAL INVALIDITY Should any provision of this AGREEMENT be held by a court of competent jurisdiction to be either invalid, void, or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect unimpaired by the holding, so long as the reasonable expectations of the pat! ies hereto are not materially impaired. 25. ENTIRETY The foregoing sets forth the entire Agreement between the parties, and supersedes any prior agreements . TN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day , month and year first written above. HUNTINGTON SURF & SPORT, INC. CITY: 24-14007/338073 7 CITY OF HUNTINGTON BEACH, a Municipal corporation of the State of California Mayor ATTEST: City Clerk INITIATED AND APPROVED: aa Fire Chief REVIEWED AND APPROVED: City Manager 233 Attachment 1 JR. LIFEGUARD & SAND CRAB UNIFORM & EQUIPMENT DETAIL & SIZE SHEET Note: The quantities are for year one estimates that incorporates previous years remaining stock. The following years are estimated to be higher and will be discussed with the vendor SWEATSHIRTS Hooded pullover with 10 oz (330 gm) cotton/polyester blend 3-end fleece with ring spun cotton, 70% Cotton/30% Polyester with 100% cotton 32 singles face yarn. Other features are fleece lined hoods, split stitch double needle sewing on all seams for durability, twill neck tape for extra reinforcement and comfort. Nickel eyelets, 100% cotton round braided drawcord and lxl ribbing at cuffs and waistband. -Print 4-Color design logo on back and front chest -Art work will be available once awarded. Color to be determined Sizes Needed: 20 -Youth Small 120 -Youth Medium 230-Youth Large 320 -Adult Small 230 -Adult Medium 200 -Adult Large 70 -Adult X-Large 15 -Adult XX Large Total= 1,205 T-SHIRTS Premium Blank T-Shirt with 4.5 oz weight with 100% Ring-Spun Cotton, Preslmmk Fabric. Each has elf jersey neck tape, double needle bottom and sleeve hems. With navy blue and red print -Screen print font Junior Guard emblem upper left front -Full size Junior Guard emblem on the back Sizes Needed: 400 -Youth Medium 250 -Youth Large 0-Youth X-Large 100-Adult Small 150-Adult Medium 60-Adult Large 40-Adult XL 0 -Adult XXL Total= 1,000 BOYS BOARDSHORTS Boardshorts that are lightweight and flexible with a straight hem outseam, 91 % recycled polyester 9% spandex, 4-way stretch fabric and zig zag interior stitch waistband. Signature metal rivet, custom flat tubular drawcord with hand dipped ends. Left leg patch pocket with velcro pocket flap closure, interior pocket shock cord key loop, right side seam zip pocket with signature pull. -Color must be red and match prior inventory. -Junior Lifeguard patch to be sewn on the front left leg of boardshorts. Sizes Needed: Size 20-0 Size 22-100 Size 24-150 Size 26-100 Size 28-100 Size 30-100 234 Size 32-80 Size 34-10 Size 36-0 Size 38 - 0 Size 40 - 0 Total= 640 GIRLS BOARDSHORTS -(GIRLS CUT) Boardshorts that are lightweight and flexible with a straight hem outseam, 91 % recycled polyester 9% spandex, 4-way stretch fabric and zig zag interior stitch waistband. Signature metal rivet, custom flat tubular drawcord with hand dipped ends. Left leg patch pocket with velcro pocket flap closure, interior pocket shock cord key loop, right side seam zip pocket with signature pull. -Color must be red and match prior inventory. -Junior Lifeguard patch to be sewn on the front left leg of boardshmis. Sizes Needed: Size Triple O -50 Size Double 0 -80 Size 0 -80 Size 1 -80 Size 3 - 0 Size 5 -0 Size 7 - 0 Size 9 - 0 Size 11-0 Size 13-0 Size 15-0 Size 17-0 Size19-0 Total= 290 HATS Superior Cotton Twill Flat Bill w/ Superior Polyester Mesh Back and custom embroidered log. Made with a 100% Cotton front and 100% Polyester Mesh back. A structured firm front panel, 5 panel cap and seamed front panel with full Buckram. Also each hat has a square flat Visor, 4 sewn eyelets, 8 rows stitching on flat visor, matching fabric sweatband and plastic snap closure. An adult OSFM (one size fits most, 58cm/22.8") Total= 400 VISORS A red visor with Velcro back closure. Custom embroidered HBJG logo on the front. Total= 0 Note: None needed to be produced for year 1 due to previous inventory. Future production is to be determined. BACKPACKS A red backpack to match the quality and esthetic of the backpack currently held in inventory. Main compartment must be large enough to hold swim fins, lunch, drink bottle, beach towel, and sweatshirt. Embroidered Junior Guard design on the front. Total= 0 Note: None needed to be produced for year 1 due to previous inventory. There will be demand for production in future years. 235 SAND CRAB T-SHIRTS Premium Blank T-Shirt with 4.5 oz weight with 100% Ring-Spun Cotton, Preshrunk Fabric. Each has elf jersey neck tape, double needle bottom and sleeve hems. With navy blue and red print . -Screen print font Sand Crab Artwork on upper left front -Full size Sand Crab Artwork on the back Size Youth XS - 0 Size Youth S-50 Size Youth M -200 Size Youth L-120 Size Youth XL-50 Size Adult S-0 Total= 420 SAND CRAB SWEATSHIRTS Hooded pullover with 10 oz (330 gm) cotton/polyester blend 3-end fleece with ring spun cotton, 70% Cotton/30% Polyester with 100% cotton 32 singles face yam. Other features are fleece lined hoods, split stitch double needle sewing on all seams for durability, twill neck tape for extra reinforcement and comfort. -Sand Crab artwork logo on back and front chest -Art work will be available once awarded. Orange color must match prior inventory Size Youth S-5 Size Youth M -60 Size Youth L-80 Size Youth XL-0 Size Adult S-40 Total= 185 236 Attachment 2 Bid Sheet Vendor is to provide pricing for year 1 for each uniform article. The following years can be revised but not to exceed the CPI for Los Angeles-Long Beach-Anaheim. Item Wholesale Cost Retail Price HBJG Sweatshirt $17.31 $39.99 HBJG T-Shirt $9.80 $19.99 Boys Boardshort $31.49 $49.99 Girls Boardshort $31.49 $49.99 HBJG Hat $19.80 $24.99 Backpack $24.45 $35.99 Visor $16.49 $16.99 Sand Crab T-Shirt $10.93 $18.99 Sand Crab Sweatshirt $19.81 $34.99 Package Deal (T-Shirt, Sweatshirt, Visor, Backpack, Boardshorts) $99.54 $150.00 11 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:24-311 MEETING DATE:5/7/2024 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Eric G. Parra, Interim City Manager VIA:Scott M. Haberle, Fire Chief PREPARED BY:Kevin Justen, Senior Management Analyst Subject: Approve and authorize execution of Amendment No. 1 to the Memorandum of Understanding (MOU) between the City of Huntington Beach and Huntington Beach Fire Outreach Foundation (HBFOF) Statement of Issue: In 2019, the Huntington Beach Fire Outreach Foundation (HBFOF) was formed as a non-profit corporation to promote public safety related to fire prevention and emergency preparedness through community outreach programs. The Memorandum of Understanding (MOU) will expire on June 30, 2024. At this time, City Council approval of an amendment to the HBFOF MOU is requested to extend the term five (5) years through June 30, 2029. Financial Impact: There is no financial impact to the City. Recommended Action: Approve and authorize the Interim City Manager to execute Amendment No. 1 to the Memorandum of Understanding between the City of Huntington Beach and the Huntington Beach Fire Outreach Foundation. Alternative Action(s): Do not approve the amendment to the MOU and direct staff accordingly. Analysis: In 2019, the HBFOF was created as an independent non-profit corporation to educate and promote public safety related to fire prevention and emergency preparedness through community outreach programs. The purpose of this foundation is to provide charitable opportunities to raise funds through individuals and organizations that agree with the HBFOF mission and to then distribute those funds to the personnel and groups within the Huntington Beach Fire Department that are actively providing City of Huntington Beach Printed on 5/1/2024Page 1 of 2 powered by Legistar™237 File #:24-311 MEETING DATE:5/7/2024 the programs and services that support the mission. The HBFOF currently consists of a Board of Directors that includes a President, Vice President, Treasurer, Secretary, and other members that shall conduct the business of the foundation in accordance with the organization’s by-laws. The City and HBFOF provide minimal or limited staff support and resources in administering programs related to the HBFOF mission statement. Since its inception, the HBFOF has implemented a multi-pronged approach to engage with the City’s residents, schools, and businesses to fulfill its mission. They have participated in community events, sponsored Fire Department programs, and provided funding for the HBFD Peer Support Team and its support dog Kingman. A Corporate Sponsorship program was started in 2023 and five (5) sponsors were added. The original five (5) year term of the MOU expires on June 30, 2024. By approving the amendment to the MOU shown as Attachment 1, the term of the HBFOF will be extended an additional five (5) years through June 30, 2029. The MOU is provided as Attachment 2 for reference. Environmental Status: This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Strategic Plan Goal: Goal 8 - Public Safety, Strategy A - Community-wide comprehensive risk reduction program to optimize public safety's emergency response and reduce the number of calls. Attachment(s): 1. Amendment No. 1 to Memorandum of Understanding between HB Fire Outreach Foundation and City of Huntington Beach. 2. Memorandum of Understanding between HB Fire Outreach Foundation and City of Huntington Beach. City of Huntington Beach Printed on 5/1/2024Page 2 of 2 powered by Legistar™238 239 AMENDMENT NO. 1 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF HUNTINGTON BEACH AND THE HB FIRE OUTREACH FOUNDATION THIS AMENDMENT NO. 1 is made and entered into by and between the CITY OF HUNTINGTON BEACH, a municipal corporation, hereinafter referred to as ("City"), and HB FIRE OUTREACH FOUNDATION, ("HBFOF"), a California nonprofit corporation. WHEREAS, City and HBFOF are parties to that certain Memorandum of Understanding (MOU) dated July 1, 2019, whereby the Huntington Beach City Council authorized HBFOF to promote public safety related to fire prevention and emergency preparedness through community outreach programs; and The MOU is scheduled to expire by its term on June 30, 2024; and City and HBFOF wish to amend the MOU to extend its Term, NOW, THEREFORE, it is agreed by City and HBFOF as follows: 1. EXTENSION OF TERM The Term of the MOU, is hereby extended for an additional (5) five years. The MOU shall remain in effect until June 30, 2029, unless extended or sooner terminated as provided therein. 2. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original MOU shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on __________ , 2024. SIGNATURES CONTAINED ON NEXT PAGE 24-14445/337027 1 240 HB FIRE OUTREACH FOUNDATION, a California nonprofit corporation p·mt name ITS: (circle one) Chaim1a1~ice President By: prmt name ITS: (circle on ~hiefFinancial Officer/ Asst. Secretary -Treasure1 · 24-14445/33 7027 2 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor City Clerk REVIEWED AND APPROVED: City Manager 241 MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING ("MOU") is made and entered, as of July 1, 2019, by and between the HB FIRE OUTREACH FOUNDATION ("HBFOF"), a California nonprofit corporation and the CITY OF HUNTINGTON BEACH, a municipal corporation, ("City"). RECITALS WHEREAS, HBFOF was incorporated for the purpose of promoting public safety related to fire prevention and emergency preparedness through community outreach programs; and Conduct opportunities to raise funds to provide community outreach through educational and charitable purposes; and Provide a non-profit foundation that can obtain funding from people and organizations that believe in the HBFOF mission and to then distribute those funds to the personnel and groups that are actively providing the programs and services which suppo1i the mission; and City and HBFOF desire to memorialize the terms and conditions whereby HBFOF proposes to provide resources to promote the City's public safety awareness through community outreach programs; and HBFOF is a duly incorporated California nonprofit corporation authorized by law to provide the services contemplated by this MOU, NOW, THEREFORE, in consideration of the mutual terms and conditions in the MOU, City and HBFOF do hereby agree to the following: llPage 242 TERM. The term of this MOU shall commence on July 1, 2019 (the "Commencement Date") and shall remain in effect unless and until terminated pursuant to the applicable terms hereof. This MOU shall automatically terminate five (5) years from the Commencement date, unless extended or sooner te1minated as provided herein. 2. HBFOF RESPONSIBILITIES. HBFOF shall solicit, receive, distribute and administer funds, donations or resources and grants of materials, services and funds, with the prior approval of the HBFOF Board of Directors. HBFOF will not solicit, receive, accept, or distribute any donations or grants in the name of the City and/or the Fire Department, including utilizing official City or Departmental logos or images. HBFOF shall administer funds provided to the HBFOF in accord with the grantee's intended future use, including enhancement to Fire, Volunteer Programs, and Community Outreach services. 3. CITY'S RESPONSIBILITIES. A. City at its sole discretion will provide limited support to assist HBFOF in administering programs, including temporary and occasional use of City office space, materials, equipment, postage and mail handling services. Use of City resources is on a limited basis and only to the extent that the resources are available. The City Manager shall determine the level of City resources to be allocated/utilized to the HBFOF. 21Page 243 B. City s hall have no duty or obligation of any kind to HBFOF, to HB F OF's volunteers, officers, directors, agents, vendors or subcont ra ctors, to provide compensation to funds resulting from or arising out of thi s MOU. 4. CONFLICT OF INTEREST. HBFOF and its agents and volunteers shall comply with all applicable Federal, State, and City laws and regulations governing conflict of interest. 5. RECORDS AND AUDIT. A. HBFOF s hall keep in accordance with generall y accepted accounting principles a full and compl ete record of all transactions in books of account and/or other records reflecting all transactions relating to the funds generated or transferred pursuant to this MOU. B. City shall have the ri ght at all reasonable times during the term of this MOU and for a period of five (5) yeas after termination or expiration to examine, audit, inspect, review, extract information from , and copy all books, records, accounts, and other documents of HBFOF relating to the funds generated or transferred pursuant to this MOU. HBFOF shall make such books and records available for inspection by the City durin g regular business hours and HBFOF shall cooperate fully with the City and its representatives in any a udit. 3IPage 244 6. TERMINATION. The City or HBFOF may terminate this MOU for any reason immediately by providing written notice. All operations under this MOU shall cease following written notice of termination, and City's obligations under this MOU shall cease on that date. 7. PROGRAM ADMINISTRATION. This MOU will be administered by the HBFOF Board of Directors and the City Manager in consultation with the Fire Department. HBFOF shall provide a representative to be available to City for consultation and assistance during the term of thi s MOU. 8. ASSIGNMENT This MOU, or any provision hereof or any right or obligation arising hereunder, is not assignable by either party in whole or in part, without the express written consent of the other party. 9. NONDISCRIMINATION AND CIVIL RIGHTS COMPLIANCE. A. HBFOF hereby certifies and agrees that it will comply with the Title VI of the Civil Rights Act of 1975, Title IX of the Education Amendments of 1972, where applicable, and Title 43, Part 17 of the Code of Federal Regulations, Subparts A and B, to the end that no persons shall, on the ground of race, creed, color, national origin, political affiliation, marital status, sex, age or handicap, be subjected to discrimination und er the privileges and use granted by this MOU or und e r any project, program or activity support ed by this MOU. B. HBFOF certifies and agrees that all persons employed thereby, are and shall be treated equally without regard to or because of race, creed, color, 41Page 245 national origin, political affiliation, marital status, sex, age or handicap and in compliance with all federal and state laws prohibiting discrimination in employment, including, but not limited to, the Federal Civil Rights Act of 1964; the Unruh Civil Rights Act; the Caitwright Act; and the State Fair Employment Practices Act. C. HBFOF certifies and agrees that subcontractors, bidders and vendors thereof are and shall be selected without regard to or because of race , creed, color, national origin, political affiliation, marital status, sex, sexua l orientation, age or handicap. D. All employment records shall be open for inspection at any reasonable time during the term of this MOU for the purpose of verifying the practice of nondiscrimination by HBFOF in the areas heretofore described. E. If City finds that any of the above provisions have been violated, the same shall constitute a material breach of this MOU and the City may immediately terminate, or suspend this MOU. 10. POLITICAL ACTIVITIES. Nothing contemplated in this MOU sha ll be for the purpose of promoting any political member or activities. 11 . COMPLIANCE WITH LAWS. HBFOF and City agree to be bound by all applicable Federal, State and City laws , ordinance, and directives insofar as they pertain to the performance of this MOU. SI Pag e 246 12. GOVERNING LAW. This MOU shall be construed in accordance with and governed by the laws of the State of California. 13. SEVERABILITY. The invalidity in who le or in part of any provision of this MOU shall not void or affect the validity of any other provision. 14. NOTICE. Any notice or notices required or permitted to be given pursuant to this MOU may be personally served on the other party by the paiiy giving such notice, or may be served by certified mail, postage prepaid, return receipt requested. All notices to City shall be sent addressed to the following: City Manager City of Huntington Beach 2000 Main Street Huntington Beach CA 92648 All notices to HBFOF shall be sent addressed to the following: Fire Chief Huntington Beach Fire Department 2000 Main Street Huntington Beach CA 92648 15. MISCELLANEOUS . A. This MOU shall not be amended nor any provis ion or default waived except in w riti ng signed by the parties. B. This MOU constitutes the entire understanding between paities and supersedes all other MOUs, oral or written, with respect to the subject matter herein. 6 IP age 247 C. This MOU is not intended to and sha ll not be cons trued to create a principal-agent r e lationship between the City and HBFOF and HBFOF shall not ho ld itself out as a n age nt of the C ity or its Fire Department. This MOU is not intended to and shall not be construed to create a partnership, joint venture or any othe r r e lat ionship between the parties. (SIGNATURES ON FOLLOWING PAGE) 7 1 Pa ge 248 IN WITNESS WHEREOF, HBFOF hereto have caused these presents to be duly executed with all the formalities required by law on the respective dates set forth opposite their signatures. September 3 , 2019 _S_e~p_t _em_b_e_r _3 __ , 2019 HB Fire Outreach Foundation: Chair of the Board By Name (Signatur \j h ,, /4 #1 efj'#A Title "City" CITY OF HUNTINGTON BEACH, A municipal corporation By ~,;__\<..,,\~ 'Manager ~\) This MOU is approved as to form on ICHAEL E. GA TES, City Attorney 8IPa g e City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:24-281 MEETING DATE:5/7/2024 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Eric G. Parra, Interim City Manager VIA:Eric Parra, Chief of Police PREPARED BY:Lt. Thoby Archer Subject: Approve and authorize a three-year Service Agreement with the City of Newport Beach for supplemental law enforcement services Statement of Issue: The City of Newport Beach is requesting a three-year contract for supplemental law enforcement services. This would be utilized to assist the Huntington Beach Police Department with staffing for large events, where traditionally we have ordered officers to work or had difficulty staffing events otherwise. Financial Impact: The financial impact is expected to be minimal, as this contract will only be utilized for large-scale events, with the specific event permit holder paying for staffing costs. Examples include: the Surf City Marathon, the US Open of Surfing, and large concerts. Recommended Action: Approve and authorize the Mayor and City Clerk to execute the "Agreement for Supplemental Law Enforcement Services between the City of Huntington Beach and the City of Newport Beach” in an amount not to exceed $120,000. Alternative Action(s): Do not approve and direct staff accordingly. Analysis: As Huntington Beach continues to host large-scale events, staffing these events with police officers becomes increasingly challenging. Having the option to contract with allied agencies to staff these events is helpful, to avoid mandating Huntington Beach officers to work the events. This is expected to be cost-neutral, as the event promoter would be paying for staffing costs related to the event, City of Huntington Beach Printed on 5/1/2024Page 1 of 2 powered by Legistar™249 File #:24-281 MEETING DATE:5/7/2024 regardless of the agency they are working for. The City has utilized outside agencies for multiple different events in the past; this agreement would codify one such agreement and corresponding pay rates for the events and streamline the use of Newport Beach officers for events. Environmental Status: This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Strategic Plan Goal: Goal 8 - Public Safety, Strategy A - Community-wide comprehensive risk reduction program to optimize public safety's emergency response and reduce the number of calls. Attachment(s): 1. Agreement for Supplemental Law Enforcement Services Between the City of Huntington Beach and the City of Newport Beach City of Huntington Beach Printed on 5/1/2024Page 2 of 2 powered by Legistar™250 251 AGREEMENT FOR SUPPLEMENT AL LAW ENFORCEMENT SERVICES BETWEEN THE CITY OF NEWPORT BEACH AND THE CITY OF HUNTINGTON BEACH THIS AGREEMENT is entered into this 1st day of January, 2024, ("Effective Date")by and between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter refeJTed to as "AGENCY" and the CITY OF HUNTINGTON BEACH, a municipal corporation, hereinafter refeJTed to as "HUNTINGTON BEACH" (together refeJTed to as "the Parties"), for supplemental law enforcement services subject to the terms and conditions below. WHEREAS, HUNTINGTON BEACH wishes to contract with AGENCY, for supplemental law enforcement services during ce1iain events to be designated by HUNTINGTON BEACH; and WHEREAS, AGENCY is agreeable to providing such services, as authorized in Government Code section 55632, on the terms and conditions hereinafter set fo1ih. NOW, THEREFORE, in consideration of the matters contained in this Agreement, it is mutually agreed as follows: I. Effective Date. The term of this Agreement will begin on January 1, 2024, and expire on December 31, 2026. During the Term of the Agreement, AGENCY will provide supplemental law enforcement services to HUNTINGTON BEACH, in the manner described herein. This agreement will continue until either paiiy agrees to terminate ("Term") with thirty (30) days written notice of intent to terminate, or until the Contract Amount is exhausted, whichever occurs earlier. 2. Scope of Services. a. HUNTINGTON BEACH occasionally has a need for supplemental law enforcement support during special events ("Special Event"). At the discretion of the AGENCY Chief of Police, AGENCY may provide such support services as requested by HUNTINGTON BEACH. HUNTINGTON BEACH shall notify AGENCY at least thirty (30) days in advance of the need for these services. HUNTINGTON BEACH will consult with AGENCY in advance regarding the preferred level of service and number of Police Officers or other designated personnel ("Officers") assigned to the Special Event, but the AGENCY Chief of Police has the final authority to determine the level of service and number of Officers based on the availability of Officers. AGENCY will assign one sergeant for every five Officers assigned to the Special Event. 1 24-14490/338034 252 b. Officers assigned to work within HUNTINGTON BEACH will endeavor to be physically present at the Special Event during the designated time, but will also have the flexibility to leave the Special Event, as determined by the AGENCY Chief of Police in his/ her reasonable discretion, to handle Emergencies if he/she/they are the closest officer(s) available to respond to the emergency. An "Emergency" is a significant event that could reasonably result in serious danger to the public if a police officer does not arrive immediately, or an event that could require an officer to employ life-saving efforts. 3. Scheduling of Officers. AGENCY has the sole authority to determine which Officers will be assigned to HUNTINGTON BEACH during the Special Event. AGENCY makes no representation as to which Officers will work during the Special Event, nor that the Officers will be the same during each scheduled service time. 4. Compensation. a. HUNTINGTON BEACH will pay for the services provided under this Agreement, as set forth in Exhibit A "Service Rates," attached hereto and incorporated herein by reference. The AGENCY Chief of Police may revise the Service Rates annually based on personnel and equipment costs, provided that revised Service Rates will apply only after AGENCY has given HUNTINGTON BEACH thirty days notice of the revised Service Rates. b. AGENCY will submit an invoice to HUNTINGTON BEACH within 30 days of the end of each Special Event, and HUNTINGTON BEACH will pay AGENCY the amount referenced in the invoice within thirty (30) days of HUNTINGTON BEACH's receipt of the invoice. As with all other AGENCY police officers, the service time of the Officers shall begin when the officer begins his/her shift and leaves the AGENCY Police Department and ends when the officer concludes his/her shift by returning to the AGENCY Police Depmiment. c. The parties agree that the amount payable to AGENCY under this Agreement shall not exceed One Hundred Twenty Thousand Dollars ($120,000.00) ("Contract Amount"). 5. Prioritization of Law Enforcement Needs. HUNTINGTON BEACH acknowledges and agrees that, during the term of this Agreement, there may be circumstances beyond AGENCY's control when AGENCY, in its sole discretion, may be unable to assign Officers to HUNTINGTON BEACH. HUNTINGTON BEACH recognizes this possibility and hereby waives any claims that may arise in connection with, or as a result of, any alleged AGENCY failure to provide supplemental law enforcement 2 24-14490/338034 253 services requested for a Special Event. For the purposes of this Agreement, the term "circumstances" shall include unanticipated absences due to illness, injury, personal emergency, and similar factors. AGENCY agrees to assign an officer to cover the service time as soon as reasonably feasible, and charge only for the time Officers provide services. 6. No Agency, Joint Venture or Partnership. HUNTINGTON BEACH and AGENCY agree that neither AGENCY nor any officer, agent or employee of AGENCY, by virtue of this Agreement, or otherwise, shall be considered to be an employee, contractor, sub-contractor, partner, joint venture, representative, or agent of HUNTINGTON BEACH. 7. AGENCY as Employer of Officers. HUNTINGTON BEACH agrees that, at all times, and for all purposes relevant to the Agreement, AGENCY shall remain the sole and exclusive employer of the Officers and in the following regard: a. AGENCY shall remain solely and exclusively responsible for the direct payment to the Officers of any applicable wages, compensation, overtime wages, expenses, fringe benefits, pension or retirement benefits, travel expenses, mileage allowances, training expenses, transportation costs, and /or other allowances or reimbursement of any kind, including but not limited to, workers' disability compensation, unemployment compensation, Social Security Act protection and benefits, any employment taxes, and/or other statutory or contractual right or benefit based, in any way, upon any Officers' status as an employee of AGENCY. b. HUNTINGTON BEACH agrees that it shall not grant, give, allow, pay, reimburse, compensate, or otherwise provide any wage, fringe benefits, gifts, equipment, personal property, supplies, entitlement, consideration (monetary or otherwise), or any other thing of value, either directly or indirectly, to the Officers. Any money paid directly to AGENCY by HUNTINGTON BEACH to reimburse AGENCY for costs pursuant to this Agreement shall not be deemed consideration paid by HUNTINGTON BEACH to the Officers. c. HUNTINGTON BEACH and AGENCY agree that this Agreement does not, and is not intended to create, grant, modify, supplement, supersede, alter, or otherwise affect or control, in any manner or form: (1) any right, privilege, benefit, or any other term or condition of employment, of any kind or nature whatsoever, in, upon or for any police officer and/or any officers' agents, representatives, unions, or the successors or assigns of any of them; (2) any applicable AGENCY employment and/or union contract; (c) any level or amount of police officer supervision, standard of performance, training or education; (d) any AGENCY rule, 3 24-14490/338034 254 regulation, hours of work, shift assignment, order, policy, procedure, directive, guideline, etc. which shall solely and exclusively, govern and control the employment relationship between AGENCY and the Officers. d. HUNTINGTON BEACH and AGENCY agree that this Agreement does not and is not intended to, limit, modify, control, or otherwise affect in any manner AGENCY's sole and exclusive right, obligation, and responsibility to determine, establish, modify, or implement any and all operational policies, procedures, orders, rules, regulations, guidelines, and/or any other policy or directive which in any way governs or controls the activity of any AGENCY police officer. e. HUNTINGTON BEACH agrees and promises that Officers shall not be asked or required to perform any services directly for HUNTINGTON BEACH or otherwise be available to perform any other work or assignments for HUNTINGTON BEACH or be expected to perform any acts other than governmental law enforcement functions, crime prevention or police protection. f. HUNTINGTON BEACH agrees that neither it nor any of its agents shall otherwise provide, furnish or assign any police officer with any job instructions, job descriptions, job specifications, or job duties, or in any manner attempt to control, supervise, train or direct any police officer in the performance of any AGENCY duty to provide police protection services under the terms of this Agreement. HUNTINGTON BEACH shall provide AGENCY with a copy of HUNTINGTON BEACH's Ordinances so that the Officers are familiar with those Ordinances. The Officers, however, will enforce the Ordinances only to the extent they are consistent with the Officer's duties and AGENCY policies, State and Federal law. g. AGENCY acknowledges that this Agreement is non-exclusive and that HUNTINGTON BEACH has the right to contract with other law enforcement agencies as well as third-party private security providers. 8. No Special Benefit Created. a. HUNTINGTON BEACH agrees that this Agreement does not, and is not intended to, create, by implication or otherwise, any specific, direct, or indirect obligation, duty, promise, benefit, and/or special right to police protection services or governmental law enforcement protection in favor of HUNTINGTON BEACH, any HUNTINGTON BEACH agent(s) and/or any other person, who, for any reason or for no reason, is at the Special Event. Further, HUNTINGTON BEACH agrees that at all times, and for any and all purposes under this Agreement, AGENCY and the Officers present at the Special Event under the terms of this Agreement, shall be present strictly and solely to perform such police protection services and 4 24-14490/338034 255 governmental law enforcement functions authorized by law to and for the benefit of the general public. b. HUNTINGTON BEACH agrees that this Agreement does not, and is not intended to include any AGENCY warranty, promise, or guaranty, either express or implied, of any kind or nature whatsoever, in favor of HUNTINGTON BEACH, any agent, or any person present at a Special Event, that any supplemental police protection provided by AGENCY under the terms and conditions of this Agreement will result in any specific reduction in or prevention of any criminal activity, or any other performance-based outcome, at the Special Event. 9. Indemnification. a. The Parties shall be responsible for their own acts and omissions, and that of their own officers and employees. b. Neither AGENCY nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by HUNTINGTON BEACH under or in connection with any service or activity under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4, HUNTINGTON BEACH shall fully indemnify and hold AGENCY harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occuning by reason of anything done or omitted to be done by HUNTINGTON BEACH under or in connection with any service or activity under this Agreement. c. Neither HUNTINGTON BEACH nor any officer or employee thereof shall be responsible for any damage or liability occuning by reason of anything done or omitted to be done by AGENCY under or in connection with any service or activity under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4, AGENCY shall fully indemnify and hold HUNTINGTON BEACH harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occuning by reason of anything done or omitted to be done by AGENCY under or in connection with any service or activity under this Agreement. d. This section shall survive the termination of this Agreement. 10. Claims. HUNTINGTON BEACH agrees that it shall promptly deliver to AGENCY written notice and copies of any claim(s), complaint(s), charges, or any other accusation or allegation of negligence or other wrongdoing, whether civil or criminal in nature, that HUNTINGTON BEACH becomes aware of which involve AGENCY or any of its Officers. HUNTINGTON 5 24-14490/338034 256 BEACH agrees to reasonably cooperate with AGENCY in any investigation conducted by AGENCY into any act(s) or work performance of any police officer, including the Officers, in connection with services provided under this Agreement. 11. Termination. Either AGENCY or HUNTINGTON BEACH may terminate this Agreement, without cause, without incurring any penalty or liability to the other party because of the termination. Termination may be effectuated by delivering a written notice to the other party at least thirty (30) days before the effective date of termination (which date shall be clearly stated in the written notice). 12. Notices. All notices given pursuant to this Agreement shall (a) be in writing and sent by overnight courier (return receipt requested) or email transmission, (b) shall be deemed given upon the date of delivery ( or refusal to accept delivery); provided, however, if such notice is not delivered or refused on a business day, then notice shall be deemed to have been given on the first business day following the actual date of delivery or refusal and ( c) addressed as follows: Ifto AGENCY: City Manager, City of Newport Beach 100 Civic Center Dr. Newport Beach, CA 92660 Ifto HUNTINGTON BEACH: City Manager City of Huntington Beach 2000 Main Street Huntington Beach, CA. 92648 13. Venue and Applicable Law. With a Copy to: Chief of Police Newport Beach Police Department 870 Santa Barbara Dr. Newport Beach, CA 92660 Chief of Police Huntington Beach Police Department 2000 Main Street, Huntington Beach, CA. Huntington Beach, CA. 92648 This Agreement is made and entered into in the State of California and shall be governed under the laws of the State of California. Venue for any legal or equitable action shall be in Orange County. This Agreement shall be construed as a whole according to its fair meaning, and not construed strictly for or against any party. 6 24-14490/338034 257 14. Miscellaneous Provisions. a. HUNTINGTON BEACH agrees that it may not assign, delegate, contract, subcontract or otherwise transfer, promise, commit, or loan any police protection services or duties under this Agreement to any other person and/or public or private corporation, entity, or organization of any kind, without the prior consent of AGENCY's City Manager. b. Absent an express waiver, the failure of any party to pursue any right granted under this Agreement shall not be deemed a waiver of that right regarding any existing or subsequent breach or default under this Agreement. c. AGENCY and HUNTINGTON BEACH acknowledge that this Agreement shall be binding upon each of them and, to the extent permitted by law, upon their administrators, representatives, subsidiaries, executors, successors, assigns, and all persons acting by, through, under, or in concert with any of them. d. This Agreement is solely between the two signatures hereto, and is not intended to create, nor should it be construed to create any rights in so-called third party beneficiaries. 15. No Attorneys' Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees. 16. Entire Agreement. This Agreement sets forth the entire agreement for supplemental law enforcement services between AGENCY and HUNTINGTON BEACH and fully supersedes any and all prior agreements or understandings between them in any way related to the subject matter hereof. 17. Amendments. This Agreement may be modified or amended only by a written document executed by both parties in accordance with their respective procedures and authorities. 18. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 19. Counterparts. This agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. 7 24-14490/338034 258 20. Entire Agreement. This Agreement sets forth the entire agreement for supplemental law enforcement services between AGENCY and HUNTrNGTON BEACH and fully supersedes any and all prior agreements or understandings between them in any way related to the subject matter hereof. IN WITNESS WHEREOF, the parties have caused thi s Agreement to be executed by and through their authorized officers on _________ __, 2024 . CITY OF NEWPORT BEACH Grace Leung City Manager ATTEST: City C lerk REVIEWED AND AGREED: Joe Cartwright Chief of Police APPROVED AS TO FORM : £-<,;=:~ 24-14490/338034 CITY OF HUNTrNGTON BEACH Mayor ATTEST: City Clerk lNITIATED AND APPROVED: Interim City Manage r APPROVED AS TO FORM: 8 259 20. Entire Agreement. This Agreement sets forth the entire agreement for supplemental law enforcement serv ices between AGENCY and HUNTINGTON BEACH and fully supersedes any and all prior agreements or understandings between them in any way re lated to the subject matter hereof. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by and through their authorized officers on __________ , 2024. CITY OF NEWPORT BEACH Grace Leung City Manager ATTEST : City Clerk REVIEWED AND AGREED: Joe Cartwright Chief of Police APPROVED AS TO FORM: City Attorney 24-14490/338034 CITY OF HUNTINGTON BEACH Mayor ATTEST: City Clerk INITIATED AND APPROVED: Interim City Manager APPROVED AS TO FORM: City Attorney 8 26024-14490/338034 Exhibit A Newport Beach Police Depaiiment Service Rates Title OT Billable Hourly Rate Parking Control Officer $48.80 Police Services Officer $48.80 Police Officer $79.95 Police Sergeant $111.99 Police Lieutenant $131.58 9 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:24-072 MEETING DATE:5/7/2024 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Eric G. Parra, Interim City Manager VIA:Chau Vu, Director of Public Works PREPARED BY:Steve Bogart, Senior Civil Engineer Subject: Approve Agreement for Provision of Sewer Services for Tract 19245 in the City of Fountain Valley Statement of Issue: The Developer of a new residential housing tract in the City of Fountain Valley has requested the City’s permission to connect to an existing City of Huntington Beach sewer main in Talbert Avenue, directly north of and adjacent to the new housing project. An Agreement for Provision of Sewer Services is presented to City Council for approval and execution between the City of Fountain Valley, the Developer, Bonanni Development Company VI, LLC, and the City of Huntington Beach. Financial Impact: If approved, the City would receive the standard sewer connection fee from the developer, in this case $38,910, which would be deposited in fund 210 (Sewer Development Fund). The City would also collect fees on behalf of Orange County Sanitation District (OCSD) in the amount of $90,133, less an administrative fee of $4,506.65 (5%) collected by the City before processing payment to OCSD. Recommended Action: A) Approve and authorize the Mayor to execute the Agreement for Provision of Sewer Services (Attachment 2) between the City of Fountain Valley, the Developer, Bonanni Development Company VI, LLC, and the City of Huntington Beach for Tract 19245 in the City of Fountain Valley; and, B) Instruct the City Clerk to record the Agreement for Provision of Sewer Services with the County of Orange Recorder’s office. Alternative Action(s): Deny the recommended actions. Denying the recommended actions would require the Developer to City of Huntington Beach Printed on 5/1/2024Page 1 of 3 powered by Legistar™261 File #:24-072 MEETING DATE:5/7/2024 construct approximately 2,000 lineal feet of new parallel sewer main within Talbert Avenue to serve their proposed residential development. Analysis: Bonanni Development Company VI, LLC (Developer) is proposing to build a 15-unit residential tract at the south side of Talbert Avenue, between Newland Street and Magnolia Street (see Attachment 1 for Location Map), in the City of Fountain Valley. The current site has an existing sewer line that already connects to the City-owned line on Talbert. Also, since the nearest available sewer main in the vicinity of the project is a 12-inch line owned by the City in Talbert Avenue, the developer has requested that the City allow their project to tie into this main. The only other alternative for sewer service to this site would be for the Developer to construct approximately 2,000 linear feet (1/2 mile) of sewer pipeline along Talbert Avenue from their project site to the nearest Orange County Sanitation District mainline in Magnolia Street and Talbert Avenue, which is impractical and potentially causing the project to be infeasible. Public Works staff has reviewed this request and has determined that sufficient capacity exists within the existing 12-inch pipe. The proposed new connection from the project is acceptable. The City of Huntington Beach has a joint agreement with the City of Fountain Valley that was approved by City Council on October 15, 1974 allowing shared sewer services between jurisdictions. The City Attorney’s office has drafted the Agreement for Provision of Sewer Services to be executed between the City of Fountain Valley, the Developer, and the City. This agreement addresses permission of the Developer to connect to the City’s existing sewer main and the City’s agreement to allow transport of sanitary sewage flow from the new residential development in Fountain Valley through the City’s sewer main downstream to the existing Orange County Sanitation District (OCSD) sewer main at the intersection of Magnolia Street and Talbert Avenue. This agreement also outlines the fee requirements to be paid by the Developer for the City’s standard sewer connection fee and the OCSD Capital Facilities Fee. Therefore, additional revenue will be received by the City for said sewer fees. Project data Developer: Bonanni Development Company VI, LLC 15132 Bolsa Chica Street, Huntington Beach, CA 92649 Engineer: Walden & Associates 2552 White Road, Suite B, Irvine, CA 92614 Location: 8572 Talbert Avenue (south side between Newland Street and Magnolia Street) Public Works Commission Action: Not required. Environmental Status: The proposal is categorically exempt from the California Environmental Quality Act, pursuant to City Council Resolution No. 4501, under Class I: Existing Facilities - minor alterations (for private sewer lateral connection to an existing public sewer main) within an existing street. Strategic Plan Goal: City of Huntington Beach Printed on 5/1/2024Page 2 of 3 powered by Legistar™262 File #:24-072 MEETING DATE:5/7/2024 Non Applicable - Administrative Item Attachment(s): 1. Location Map 2.Agreement for Provision of Sewer Services 3. Site Plan and Preliminary Utility Plan (Tract 19245) 4. PowerPoint Presentation City of Huntington Beach Printed on 5/1/2024Page 3 of 3 powered by Legistar™263 264 LOCATION MAP NOTTO SCALE 265 AGREEMENT FOR PROVISION OF SEWER SERVICES 8572 Talbert Avenue Fountain Valley, California THIS AGREEMENT is made and entered into this ____ day of ____ _ 2024, by and between the City of Huntington Beach ("CHB"), the City of Fountain Valley ("CFV") and Bonanni Development Company VI, LLC, a California limited liability company ("Owner"). CHB, CFV, and Owner shall collectively be referred to herein as the "Parties." RECITALS WHEREAS, Owner owns the real property generally located at 8572 Talbert Avenue, in the City of Fountain Valley, County of Orange, State of California, and which consists of Assessor's Parcel Numbers 112-781-73 and 112-781-74 ("the Property"), and is more particularly described in the legal description attached hereto as Exhibit "A;" and WHEREAS, Owner is constructing 15 two-story single-family residential units on the Property (the "Project"); and WHEREAS, Owner wishes to receive sewer service for the Property from CHB; and WHEREAS, the Property is located within the jurisdictional boundaries of CFV; however, CHB's sewer system is in close proximity to the Property, and it is more feasible or practical for the Owner to connect the Property to CHB 's sewer system than CFV' s sewer system; and WHEREAS, CHB and CFV are parties to that ce1iain Agreement, approved by CHB on October 7, 1974, and approved by CFV on October 15, 1974, regarding joint utilization of sewage facilities; and WHEREAS, Owner has requested and CHB has agreed to provide sewer services to the Property subject to the provisions of this Agreement; and WHEREAS, Owner has agreed to pay the fees and charges of CHB in connection with the provision of sewer services; and WHEREAS, both CHB and CFV find that it is in the public interest to permit the Owner to connect to CHB' s sewer system. 23-13404/329763 266 AGREEMENT NOW, THEREFORE, the Parties agree as follows: Section 1. Construction of Facilities A. In conjunction with Project construction, Owner or Owner's agent or assignee shall construct all sewer facilities, which are necessary to connect to CHB 's sewer system. All building connections, street laterals and appurtenances thereto shall be maintained in a safe and sanitary condition, and all devices or safeguards which are required by CHB regulations shall be maintained in good working order. All such building connections, street laterals, appurtenances, and devices shall be maintained by Owner. B. Any public collector or main sewer line required to be constructed or extended to connect the Property to CHB' s sewer system shall be constructed and paid for by Owner or Owner's assignee at Owner's sole cost (including the cost of any associated rights-of- way, easements, licenses, permits, etc.) then upon completion the same shall be dedicated to, and accepted by CHB. C. Prior to construction of the sewer facilities, Owner shall submit plans, reports and specifications for construction of all sewer facilities and connection to CHB's sewer system for approval by CHB. CHB shall have the right to inspect at any time all such construction and require changes that CHB deems necessary, consistent with the approved plans, for proper connection to CHB 's sewer system. Section 2. Provision of Sewer Services CHB agrees to provide sewer services to Owner consisting of permitting connection to CHB' s sewer system for the transport of sewage from the Property to downstream sewer trunk lines owned and operated by the Orange County Sanitation District ("OCSD"). Furthermore, Owner and any subsequent owners, successors-in-interest or assigns, shall comply with all applicable CHB, OCSD, and State laws, regulations, rules, and procedures pertaining to dischargers and discharges into, and the use of, CHB's facilities. CHB shall operate the sanitary sewer system facilities and provide sanitary sewer service to the Property in a manner consistent with all applicable governmental laws, ordinances and regulations, including permits, or orders including but not limited to any applicable Waste Discharge Requirements issued by the State Water Resources Control Board. Section 3. Fees and Charges A. Exhibit "B" hereto is a list of the fees and charges applicable for the services of CHB to the Property (the "Schedule of Fees"), which is incorporated herein by this reference. Owner or Owner's assignee shall pay to CHB the fees and charges described on the Schedule of Fees prior to issuance of a sewer connection permit for Owner's sewer lateral to CHB's existing sewer main. Owner acknowledges and agrees that Exhibit "B" is an estimate of 2 23-13404/329763 267 actual fees and the Schedule of Fees may be subject to revision by CHB due to actual costs incurred or fee adjustments applicable in subsequent fiscal years. B. Owner agrees, for itself and any subsequent owners, successors-in-interest or assigns, that CHB shall have the right to collect the fees either directly on the Orange County property tax bill or by invoice to the owner of record for the Property or any portion thereof. The Owner shall notify any purchaser of the Property or any portion thereof, or any successor- in-interest or assignee of the Owner with respect to the Prope1iy or any portion thereof, of the obligation under this Agreement for the fee payments. C. In the event that the Owner, or any subsequent owner, successor-in-interest or assignee fails to make payment of the fees upon request, then CHB shall be under no obligation to continue sewer service and CHB may discontinue all services to the Propetiy or any portion thereof pursuant to Section 5 below, in addition to any other remedy available to CHB for such breach, including, but not limited to, all reasonable attorney's fees and costs should CHB be required to file a legal action to recover amounts due and owing hereunder. D. Any payment received by CHB that is later than thirty days (30) following the date of notice of payment due by CHB shall incur a one-time penalty often percent (10%) and shall accrue interest at the rate of three and one-half percent (3.5 %) per month. E. CHB shall be entitled to charge fees and other charges to the extent permitted by law to provide sewer services to the Property in CFV consistent with fees and others charges to provide services to the overall service area of the CHB. CHB shall bear any costs or attorneys' fees associated with the imposition or collection of sewer fees and charges to customers on the Property, including but not limited to the costs associated with any notices, elections or analyses required by law as a condition to imposing such fees. Section 4. Hold Harmless Except for damages or injuries arising out of CHB' s sole negligence or its willful acts or omissions, Owner agrees, for itself and any subsequent owners of the Property or any portion thereof, or successors-in-interest or assigns, to indemnify, defend (at Owner's sole cost and expense) and hold CHB, its directors, officers, agents and employees harmless from any and all claims, suits, causes of action, liabilities, or losses for personal injury, death, or property damage arising out of or in connection with this Agreement or the construction and installation of sewer facilities by Owner or Owner's agent or lessee, the connection or disconnection of the Property to CHB' s sewer system, or the provision of sewer services to the Property or any pmiion thereof by CHB. Section 5. Term and Termination A. Term. Unless earlier terminated by CHB as provided below, this Agreement shall remain in full force and effect until the Owner or any subsequent owners of the Property determine that the sewer services of CHB are no longer necessary and the Prope1iy has been disconnected from CHB's sewer system. 3 23-13404/329763 268 B. Termination by CHB. CHB may terminate this Agreement, including the provision of sewer service, for any material breach of this Agreement, including delinquent payment by Owner or any subsequent owner of any portion of the Property, or any successor- in-interest or assignee of the Owners. CHB shall provide Owner or the owner of record of any portion of the Property with written notice of any material breach of this Agreement. The Owner or the owner of record of any portion of the Property shall have thirty (30) days from the date of notice to cure the breach to the satisfaction ofCHB. In the event ofCHB's termination of services under this Agreement for delinquency in payment or other breach, the Owner, the successor-in-interest to the Owner or the owner of record of any portion of the Property shall be responsible for disconnecting the Property from CHB's sewer system. The party responsible for making the disconnection shall pay all costs associated with the disconnection and shall submit plans for CHB approval prior to disconnecting from CHB's system. C. Termination by Owner. Owner or any subsequent owners of the Property may terminate this Agreement at any time upon thi1iy (30) days advance notice to CHB. However, termination of this Agreement shall only become effective upon disconnection of the Property from CHB's sewer system by Owner or the then current owner or owners of the Property. The paiiy responsible for making the disconnection shall pay all costs associated with the disconnection and shall submit plans for CHB approval prior to disconnecting from CHB's system. Section 6. Assignment The rights and obligations under this Agreement may not be assigned without notice to CHB and written consent of CHB to the assignment, which consent shall not be umeasonably withheld. Notwithstanding the foregoing, CHB agrees that Owner may assign certain rights and obligations under this Agreement to the homeowners association upon formation, or any purchaser of the Property; provided, however, that Owner's obligations to CHB pursuant to Section 4 of this Agreement shall continue and survive such assignment. To the extent that an assignment occurs, the assignee(s) shall be obligated to comply with all terms and conditions of this Agreement. Section 7. Subsequent Owners; Homeowners Association At the time Owner makes a conveyance of the Property or any portion thereof to a purchaser, Owner shall notify the purchaser of this Agreement and Owner shall notify CHB in writing of the name and address of the purchasing party and the portion of the Property conveyed. Each subsequent owner shall be obligated to comply with all terms and conditions of this Agreement. At the time the homeowners association for the Property is established, Owner shall notify CHB in writing of the name and address of the homeowners association. Section 8. Interpretation and Governing Law This Agreement shall be construed according to its fair meaning and as if prepared all Parties hereto. This Agreement shall be construed in accordance with the laws of the State of California in effect at the time of the execution of this Agreement. 4 23-13404/329763 269 Section 9. No Waiver No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. No waiver of any right or remedy in respect to any occunence or event shall be deemed a waiver of any right or remedy in respect to any other or subsequent occunence of event. Section I 0. Entire Agreement This Agreement contains the entire agreement between the Parties with respect to the matters provided for herein. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the Parties hereto, and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. Section 11. Severability If any part of this Agreement is held, determined or adjudicated to be illegal, void or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible. Section 12. Notices All notices required to be given under this Agreement shall be deemed given upon deposit in the United States mail if mailed with prepaid postage, or upon personal delivery to the parties hereto at the following addresses: Owner CHB CFV 23-13404/329763 Bonanni Development Company VI, LLC 15132 Bolsa Chica Street Huntington Beach California 92649 City of Huntington Beach Attn: Director of Public Works 2000 Main Street, P.O. Box 190 Huntington Beach, CA 92648 City of Fountain Valley Attn: City Clerk I 0200 Slater A venue Fountain Valley, CA 92708 REST OF PAGE NOT USED 5 270 Section 13. Due Authori zation Each of the persons executing this Agreement on behalf of Owner, CFV and CHB wan-ant and represent that they are duly authorized having full power and legal authority to bind their re spective patties to the terms of this Agreement, and each respective patty has the full right, power, capacity and authority to enter into this Agreement and perform all of its provisions and obligations. IN WITNESS WHEREOF, the Patties hereto have caused this Agreement to be executed on the date and year set forth above. OWNER: Bonanni Development Company VI, LLC ~~- Name: i=L] ;f'd/'Y'?i/-1'/'--f/ Title: me""' 6-~ Name: \Sil-c.., \3. o,..__, ""r,;v c Title: fVl t:: //""\ c3 [ f(_ CFV: City of Fountain Valley APPROVED AS TO FORM : /~ City Attorney 23-13404/329763 6 CHB: City of Huntington Beach A municipal corporation Mayor ATTEST: City Clerk INITIATED AND APPROVED: ~ff~ Director of Ptiblic Works l 271 ACKNOWLEDGMENT A notary public or other officer completing this certificate v erifies only the identity of the individual w ho s igned the document to w hich this cert ificate is attached , and not the tr uthfulness, accuracy , or valid ity of t hat document. State of Californ i a County of O C °' c;T -C__, On ,M c✓rb L'J-, ::102 i before me, Te O\Y)/ c e A, M erg I /-6)<>+-o,-r-"f fc--,bl, (i nsert name an d ti tle of the offi cer) C/ perso nall y appea red E j Bon c"n n 1 °' a cl f3 ref 8 c Y"2 a. h h 1' who proved to me on the basis of satisfactory evidence to be the person(s) w hose name(s ) is/are subscribed to the w ith in instrument and acknowledged to me that he/she/they executed the same in his/her/t heir authorized capacity(ies), and that by his/her/thei r s ignature(s) on the instrument the person(s), or the e ntity upon behalf of which the person (s) acted, exe c uted the instrument. I certify under PENA L TY OF PERJURY under the laws of the State of California t hat the forego ing pa ragraph is true and correct. WITNESS my hand and offi ci al seal. 7 23 -13404/329763 •••••••• JEANICE A. MCFALL I Not•ry Public -Californ i• Orang~ County ! Commission i 2378415 - y Comm. Expires Nov 8, 2025 272 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY PARCELS 2 AND 3 OF PARCEL MAP NO. 85-134, IN THE CITY OF FOUNTAIN VALLEY, COUNTY OF ORANGE, STATE OF CALIFONRIA, AS SHOWN ON THE MAP FILED IN BOOK 201, PAGES 21 AND 22 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY 8 23-13404/329763 273 EXHIBIT "B" SCHEDULE OF FEES AND CHARGES City Sewer Connection fee: $2,594 per single family dwelling unit $2,121 per multi family dwelling unit 15 Single Family Dwellings x $2,594 = $38,910 Orange County Sanitation District Capital Facilities (Capacity) Fee: Single Family Residential (SFR)5 Per Each 5+ bedrooms 4 Bedrooms 3 Bedrooms 2 Bedrooms 1 Bedrooms 11 SFR units (3 bedroom) x $5,719 = $62,909 4 SFR units (4 bedrooms) x $6,806 = $27,224 Total OCSD Capacity Fee = $90,133 $7,949 $6,806 $5,719 $4,633 $3,545 TOTAL CITY AND OCSD CONNECTION FEES= $38,910 + $90,133 = $129,043 Monthly City Sewer Service user charge: $10.97 (per single family dwelling unit) Note: The fees listed above reflect the current rates based on the City's and County's current fee schedules and shall be paid at the rates applicable at the time of Sewer Connection Permit issuance. The current rates are subject to periodic adjustments. 9 23-13404/329763 274 f =-=c...c-=-==--=--c=-===c-=c=-==-==-=-==--c=-==-=c-=c=-=--c=-== --------------------------------- □ CONC -----W= =W= =-W= EXIST. ff Af:-WATER LINE - ---+- =w X:----1 f--- 0::'. 0 1~-x----,x·--- --- - -_ ____c;;1....- --------------------------- / EXIST. 5• GAS LINE G---:i;-G----G----G----G----G----G----G----G- s s s tt,a,-~-~----...AS PH S----=s----s-----=T~ss;;;;;;;====,;--===l==;::=-,;=----S N BS'20'21" W :z \__~12" VCP SEWER LINE ----S EXIST. MEDIAN ('.) II) ~8 w ______________________________________________________________ _ g t__Jl!__/~-==-=~==-=-JC;_(QJ_JN~C=~-=---=+--"~~-------=~EX=IST~. =CU~RB=&=GUTT=ER~-=-=-=-=-=-=;;-=-~~~~~~-PHOP. POBU G..£1RE..Jj ~ _ _ _ _ __ '--------------------;-Rf1~--\:----~0::---+--+-__j_---=~=---=--=-~~~~=-:::::--;p-p_ GURB & GU TT --- / --- X Vl 0 [Tl z (/) fTl --l :;;o EXIST. BUILDING PROP. SIDEWALK PLAN2B F.F.=48.00 PROP. LOT LINE POP l LTLI I - 01',-51DEW& 0'21 W 382 1 ' ···--· -..... . ,.,, -H EXIST. CURB/MEDLAN EXIST. CURB & GUTTER OT 8 I N B 0 II) -----------------------------------=-- ----- □ ---DRAN f---.l __ -- PROP. SIDEWALK LOT 15 PLAN 2A(r) F.F.=46.50 PR P. LDT LINE I-, - - - - - - - - - - - - - ---------- EXIST. CURB Ile GUTTER • X fTl □ fTl (/) LOT 2 .. -" .. kiR P. LOT LINE LOT 14 F '· 1 F.F.=46.50 I ' □ I I I EXIST. P/L _,/ EXIST. W(LL PLAN 1A(r) F.F.=48.25 P: tnr<uNt SCA I , -, d l __ l µ I \ LJ "T,------,=-=------.J I I ( PLAN2A F.F.=4~-50 I 15: I I ------- \ r---7 r-I I I l I " I ~I I I I I I ~ I ► I I ~ I I I H J I I I I I ~ I I I I I I I I r-1 I I I I "'I ½ -I I ___ __,,r---7 /~ I I I '--- 1~-___,I I I I I I ~---' 1 1 I I I I I I -'----------1I I ~ I 1 I I ~--1 ~------JI I I I I I I ~--1 I 1-'--------1 1 I I EXIST. BUILDING . PROP.:-LOl'.IJN • --,: LOT 3 II) PLAN 1B F.F.=48.25 _ ATTERE II) T LOT 6 PLAN4A F.F.=48.25 .. - ·.·--- PROP. LOT LINE. ;;:: ;;:: ~ 0 0 ,------,<:------,tf~F~!---t+t-----=t----lf"'P:::+---1,...J...L_j_,1 ,------, LOT 4 LOT 5 PLAN 3A(r) F.F.=48.50 w PLAN3B F.F.=48.50 PROP. LOT LINE LOT 11 PLAN 3A(r) F.F.=47.00 ;;:: 0 II) D-N II) LOT 13 PLAN 1A(r) F.F.=46.50 PRCP. LOT LINE . ' ... ' ~~-~--_,_-_.-a=;". \:..::::: :: : :·:::: :: : : • : :=·: __ ,/ s PROP. LOT LI EI DW LOT 12 PLAN3B F.F.=47.00 , x I --r-----·x ,,-------..I ~-,>f-x----N 89'20·21· 382.21· o 0 1, 111 X X /t\ ,l O X "',,1c 't.;<. ,' 1"' 1 x 1 1 EXIST. p L 1: WALL u-_/ I I I I I I I I I ..----------'--------<------'c__ __ _L __ _,..LIL......::::,.l____..=_---, X I II □ I I I I I I I I 1 EX . P f-----"--~ I : EXIST. BUILDING I I I I I I I I I I-'----' I I I I I EXIST. BUILDING I I EXIST. BUILDING I I I I I I I I I o I I Ii 11 I /o___,_ I I I I I I 0 / (---" I -u -1i==, --:,bl i---1....__ I r I /I /...(\ "--/I '---'-----~ I fTl z (/) .., j,-, 0 + b 0 z [Tl X I I '/ 1--\-r,~ CJ I I I I:□ ______ _J 11 / I I : : I I :01 l r-/ ,/~ c::::i -7 ASPH Q ----- 1 I I I I I ASPH 8572 TALBERT AVENUE BD BoNANN: DEVELOPMEN1 FOUNTAIN VALLEY, CA Q D O=O --s-- --w-- INDICATES EXISTING FIRE HYDRANT INDICATES PROPOSED FIRE HYDRANT INDICATES PROPOSED WATER METER INDICATES PROPOSED BACKFLOW DEVICE INDICATES EXISTING SEWER LINE INDICATES EXISTING WATER LINE G INDICATES EXISTING GAS LINE --S--INDICATES PROPOSED SEWER LINE --W --INDICATES PROPOSED WATER LINE DW--INDICATES PROPOSED DOMESTIC WATER LINE ===== INDICATES PROPOSED STORM DRAIN LJNE 0 INDICATES PROPOSED STORM DRAIN LJFT STATION 8 INDICATES PROPOSED STORM DRAIN TREATMENT VAULT PRELIMINARY WET UTILITY PLAN C1 .1 SCHEMATIC DESIGN 2086-948-001 I 11-2-2022 0 :;;o --l I 2D ! N I (/) :=) O::'. (D 0 w O::'. w ~ u (f) 10 0 20 1 ------' 1 -----l 1 SCALE IN FEET 1 inch = 20 ft. ,. X X X X LDEN & CIVIL ENGINEERS SSOCIA S LAND SURVEYORS TE PLANNERS 2552 WHITE ROAD, SUITE B, IRVINE, CA 92614 (949)660-0110 FAX:66D-0418 ARCHITECTS . PLANNERS . DESIGNERS ORANGE COUNTY, LOS ANGELES . BAY AREA Agreement for Provision of Sewer Services Department of Public Works May 7, 2024 275 BACKGROUND • The Developer of a new 15-unit residential housing tract in the City of Fountain Valley has requested the City’s permission to connect to an existing City of Huntington Beach sewer main in Talbert Avenue, directly north of and adjacent to their new housing project. • An Agreement for Provision of Sewer Services is presented to City Council for approval and execution between the City of Fountain Valley, the Developer, Bonanni Development Company VI, LLC, and the City of Huntington Beach. 276 LOCATION MAP 277 NEED/WHY/BENEFITS • The developer has approached the City asking for permission to allow their proposed sewer connection to the City‘s existing 12-inch sewer main, in lieu of constructing a new parallel sewer main within Talbert Avenue. • Since the existing City of HB sewer main is the nearest public sewer main to the new residential site, it’s most ecominical for the subject development to connect to this line. 278 DETAILS • Public Works staff has analyzed the existing condition and flow level of this sewer main and found it adequate to accept the proposed additional flows from the new 15-unit development. • This Agreement for Provision of Sewer Services addresses: • Permission of the Developer to connect to the City’s existing sewer main; and • City’s agreement to allow transport of sanitary sewage flow, from the new development in Fountain Valley, through the City’s sewer main downstream to the existing Orange County Sanitation District (OCSD) sewer main; and, • Fee requirements to be paid by the Developer for the City’s standard sewer connection fee and the OCSD Capital Facilities Fee. 279 RECOMMENDATION • Approve and authorize the Mayor to execute the Agreement for Provision of Sewer Services between the City of Fountain Valley, Bonanni Development Company VI, LLC, and the City of Huntington Beach for Tract 19245 in the City of Fountain Valley 280 Questions? 281 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:24-232 MEETING DATE:5/7/2024 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Eric G. Parra, Interim City Manager VIA:Chau Vu, Director of Public Works PREPARED BY:Denice Bailey, Capital Project Administrator Subject: Accept bid and authorize execution of a construction contract with Klassic Engineering & Construction, Inc. in the amount of $273,425.90 for the LeBard Park Improvements Project, CC-1668 and authorize change orders not to exceed 15 percent Statement of Issue: Last year, on March 2, 2023, the City received several bids for the Le Bard Park Improvements Project, CC-1668 and awarded the construction contract to Aguilar & Calderon Corporation (Aguilar). However, the City had to issue a Termination for Convenience of the construction contract with Aguilar on February 6, 2024, and it is now requested that the City Council award a new construction contract to Klassic Engineering & Construction, Inc., (Klassic) the next lowest responsive and responsible bidder, to complete the remainder of the Le Bard Park Improvements Project. Financial Impact: Total construction cost for the project, including the base bid, contingency and supplemental expenses is $1,065,049.80, which was approved by Council on March 21, 2023. To date, $505,092.27 of the budget has been paid to Aguilar with an additional $150,000 in pending project expenditures. The remaining project funds are available in the Park Development Impact Fee account 22845017.82900 ($281,569) and in Infrastructure Fund account 31440005.82800 ($73,885). Sufficient funds are available to cover the new, proposed contract with Klassic for $273,425.90. Recommended Action: A) Accept the next lowest responsive and responsible bid submitted by Klassic Engineering & Construction, Inc. in the amended amount of $273,425.90; and, B) Authorize the Mayor and City Clerk to execute a construction contract in the form approved by the City of Huntington Beach Printed on 5/1/2024Page 1 of 3 powered by Legistar™282 File #:24-232 MEETING DATE:5/7/2024 City Attorney; and, C) Authorize the Director of Public Works to execute change orders not to exceed a total of 15 percent of the contract construction costs, or $41,013.89. Alternative Action(s): Reject staff recommendation and direct staff to: A) Reject all bids and rebid the project, or B) Revise the proposed contract award to Klassic Engineering & Construction, Inc. to decrease the project scope. Analysis: The LeBard Park Improvements Project scope replaces tennis courts and removes the existing clubhouse building adjacent to the Santa Ana River at Indianapolis Ave. Prior improvement efforts made by Aguilar include demolishing the clubhouse building, replacing the tennis courts concrete slab, and installing irrigation. The remaining project scope includes repair of the existing tennis court fencing, windscreen, court resurfacing, netting, and replacement with park greenspace and table seating and renovations to adjacent park landscaping. The project was designed and bid with a base scope and two add alternatives for budget consideration. Add Alternate No. 1 included a concrete pad with table seating in lieu of an open green space replacing the clubhouse building. Add Alternate No. 2 includes replacement of an existing post piling park fence with a new lodge-pole fence. Bids were opened on March 2, 2023 and are listed in ascending order below. Basis of award for the project is the price for the base bid and add alternate No. 1 and add alternate No. 2. Bidder Submitted Bid 1 Green Giant Landscape Inc $ 832,550.00 2 Aguilar & Calderon Corporation $ 999,879.50 3 Klassic Engineering & Construction Inc. $ 1,035,103.50 4 Elegant Construction Inc. $ 1,045,580.70 5 C.S. Legacy Construction, Inc. $ 1,095,578.00 6 KASA Construction, Inc. $ 1,226,743.75 7 Armstrong Cal Builders Inc. $ 1,253,498.00 8 JT Construction Group Inc $ 1,277,659.48 9 MBC Enterprises Inc. $ 1,288,621.70 10 Legion Contractors, Inc. $ 1,375,269.55 11 Rhome Profile Construction $ 1,376,461.24 12 M.S Construction Management Group $ 1,377,296.70 City of Huntington Beach Printed on 5/1/2024Page 2 of 3 powered by Legistar™283 File #:24-232 MEETING DATE:5/7/2024 The low apparent bidder at time of bid opening was Green Giant Landscaping, Inc.; however, this firm did not possess the necessary licensing required at the time of bid opening. Therefore, Green Giant Landscape, Inc. was deemed non-responsive. The lowest responsive and responsible bidder, Aguilar, bid the project as outlined below excluding add alternates No.1 and No. 2, which were determined not needed at this time: Award $ 887,541.50 10% Construction Contingency $ 88,754.15 Construction Administration $ 88,754.15 Total Project Cost $1,065,049.80 Aguilar was terminated for convenience due to an impasse on contractual issues. A Termination for Convenience enables the City to legally bring the contract to an end without the need to establish that either party was in default and allows the City to arrange for another Contractor to complete the project. Given the Termination for Convenience of Aguilar, the next lowest responsive and responsible bidder, Klassic, bid the remaining project scope as outlined below excluding add alternates No.1 and No. 2: Award $ 273,425.90 15% Construction Contingency $ 41,013.89 Construction Administration $ 41,013.89 Total Project Cost $ 355,453.68 Environmental Status: This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301. Strategic Plan Goal: Goal 6 - Infrastructure Investment, Strategy C - Conduct an assessment of all City facilities to determine priorities for upgrades and repairs, implementation and financial priority. For details, visit www.huntingtonbeachca.gov/strategicplan <http://www.huntingtonbeachca.gov/strategicplan>. Attachment(s): 1. Vicinity Map 2. PowerPoint Presentation 3. Previously approved Project RCA 4. Klassic Engineering & Construction, Inc. Bid Proposal City of Huntington Beach Printed on 5/1/2024Page 3 of 3 powered by Legistar™284 285 VICINITY MAP NOTTO SCALE YORKTOWN AVE. ADAMS AVE. 1B ti 1B 1B ROJECT ~ ~ ~ ~ ~ (./) (./) INDIANAPOUS AVE. V) (./) AREA 15 :$ ~ .... ~ (./) ~ _, g§ ~ 0 ~ ~ i:3 ~ ~ ~ ~ co 0 0 85 ATLANTA AVE. VICTORIA ST. HAMILTON AVE. SCALE: N.T.S . Le Bard Park Improvements Project 286 -----~ --------~ -----=-= -------- -......-~----· -----_.._ -------=--------=;:;--- ---~ ~-==--::- •Project Location 287 ADAMS AVE. ATLANTA AV£. VICTORIA ST. HAMILTON AVE. Cost Summary •Total Funding - $1,065,049.80 •Funds available - $409,957.60 •To finish project, request award to 2nd lowest bidder – Klassic Engineering & Construction •Recommended action includes award: Award $ 273,425.90 Construction Contingency $ 41,013.89 Construction Administration$ 41,013.89 Total Project Cost $ 355,453.68 288 Project History -Prior Efforts 289 Completed Work - demolished the clubhouse building, replaced the tennis courts concrete slab, and installed irrigation 290 Remaining work to be done •Repair of the existing tennis court fencing, windscreen, court resurfacing, netting, and replacement with park greenspace and table seating and renovations to adjacent park landscaping 291 Questions? 292 293 City of Huntington Beach File #: 23-223 2000 Main Street, Huntingt on Beach, CA 92648 MEETING DATE: 3/21/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Al Zelinka, City Manager VIA: Sean Crumby , Director of Public Works PREPARED BY: Brian Polivka, Capital Project Administrator Subject: Accept bid and authorize execution of a construction contract with Aguilar & Calderon Corporation in the amount of $887,541.50 for the Le Bard Park Improvements Project, CC-1668 Statement of Issue: On March 2, 2023, bids were received for the Le Bard Park Improvements Project, CC-1668. Following a review of the bids, it is requested that the City Council award a construction contract to Aguilar & Calderon Corporation , the lowest responsive and responsible bidder. Financial Impact: Total construction cost for the project, including the base bid , contingency and supplemental expenses is $1,065,050 . Sufficient funds are budgeted in the FY 2022-2023 Operating Budget; $786, 661 is available in the Park Development Impact Fee account number 22845017.82900 and $278,389 is available in Infrastructure Fund account number 31440005.82800 for the project. Recommended Action: A) Accept the lowest responsive and respon sible bid submitted by Aguilar & Calderon Corporation in the amount of $887 ,541.50; and, B) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney. Alternative Action(s): Reject staff recommendation and direct staff to: A) Reject all bids and rebid the project, or B) Revise the proposed contract award to Aguilar & Calderon Corporation to increase the project scope to also include the Add Alternate No. 1. This would increase the total project cost to a total of City of Huntington B each Page 1 of 3 Printed on 3/16/2023 power£2.Q· Legi sta,n., 294 File #: 23-223 MEETING DATE: 3/21/2023 $1,160,945.40. Additional unidentified funding would be required. Analysis: The Le Bard Park Improvements Project will replace tennis courts and remove the existing clubhouse building at the park adjacent to the Santa Ana River at Indianapolis Ave . Prior efforts at the park have renovated playground equipment and baseball field facilities. Current project scope includes repair and replacement of the existing tennis court fencing, windscreen, concrete slab, netting , clubhouse building demolition and replacement with park greenspace and renovations to adjacent park landscaping. The project was designed and bid with a base scope and two add alternatives for budget consideration. Add Alternate No. 1 includes a concrete pad with table seating in lieu of an open green space replacing the clubhouse building after demolition. Add Alternate No. 2 includes replacement of an existing post piling park fence with a new lodge-pole fence. Bids were opened on March 2, 2023 and are listed in ascending order below. Basis of award for the project is the price for the base bid and add alternate No. 1 and add alternate No. 2. Bidder Submitted Bid 1 Green Giant Landscape Inc $ 832,550.00 2 Aguilar & Calderon Corporation $ 999,879.50 3 Klassic Engineering & Construction Inc. $ 1,035,103.50 4 Elegant Construction Inc. $ 1,045,580.70 5 C.S. Legacy Construction, In c. $ 1,095,578.00 6 KASA Construction, Inc. $ 1,226,743.75 7 Armstrong Cal Builders Inc. $ 1,253,498.00 8 JT Construction Group Inc $ 1,277,659.48 9 MBC Enterprises Inc. $ 1,288,621.70 10 Legion Contractors, Inc. $ 1,375,269.55 11 Rhome Profile Construction $ 1,376,46 1.24 12 M.S Construction Management Group $ 1,377,296.70 The low apparent bidder at time of bid opening was Green Giant Landscape, Inc.; however, this firm did not possess the necessary licensing as noted to be required per the project specifications at time of bid opening. Therefore, Green Giant Landscap e, Inc. is deemed non -responsive. The lowest responsive and responsible bidder for the project is Aguilar & Calderon Corporation as outlined below : Base Bid Add Alternate No. 1 Add Alternate No. 2 Total Bid (Basis of Award) City of Huntington Beach $ 887,541 .50 $ 79,913 .00 (concrete pad w/ table seating) $ 32,425.00 (lodge-pole fence) $ 999,879.50 Page 2 of 3 Printed on 3/16/2023 powere52:il,, Legistarm 295 File #: 23 -223 MEETING DATE: 3/21/2023 The total project cost with Alternative Action B) scope including add alternative No. 1 is $1,160,945.40 as outlined below: Base Bid Add Alternate No. 1 10% Construction Contingency Construction Admin istration Total Project Cost $ 887,541.50 $ 79,913 .00 $ 96,745.45 (concrete pad w/ table seating) $ 96,475.45 $1,160 ,945.40 The total cost of the proposed project excluding add alternates No.1 and No. 2 is $1,065 ,049.80 as outlined below: Award 10% Construction Contingency Construction Administration Total Project Cost $ 887,541.50 $ 88,754.15 $ 88,754.15 $1 ,065,049.80 Since the original conceptual approval of the project and CIP budget allocation, construction costs have increased significantly. During the design phase , an engineer's estimate was received at approximately $800,000. Additional funding was expected to be needed to support the project and has been identified via the Schroeder Park Improvements project Infrastructure Funds account number 31440005.82800. The Schroeder Park Improvement project is currently in design. Therefore to stay within budget and available funding staff is recommending awarding the contract for $1,065 ,049.80 which excludes Add Alternates 1 and 2 . CIAB/Public Works Commission Action: The CIAB/Public Works Commission recommended this project on January 18 , 2023, by a vote of 7- 0 . Environmental Status: This project is Categorically Exempt pursuant to the California Environmental Quality Act, Section 15301. Strategic Plan Goal: Infrastructure & Parks Attachment(s): 1. Vicinity Map 2 . PowerPoint Presentation Ci ty o f Huntington Beach Page 3 of 3 Pri nte d on 3/16/2023 powerES~ Legistarrn 296 VICINITY MAP NOTTO SCALE YORKTOWN AVE. ADAMS AVE. b ~ tE tB ROJECT l.i::::i ~ ~ ~ ~ ~ c5 (/) (/) INDIANAPOLIS AV£.(/) (/) AREA ~ I- G ~ § (/) ~ a i ~ ~ ~ g; ~ ~ i CQ 0 a 8§ ATLANTA AV£. VICTORIA ST. HAMILTON AVE. 523 3C A LE: N .T.S. 297 --"7:_ ~-----~~~ -~~- -----::--._ --..:. _-~ -=--------- c:;;.._;.-=--:.--- 298 ADAMS AV£. 8 8 ~ e: vi INO/ANAPOUS AVE. v, AT/..ANTA AVE. VICTORIA ST. HAMILTON AV£. 299 Staff Report • Construction bids received in March 2023 • Total Funding -$786,661 (Park Development Impact Fee) • Request award to lowest bidder -Aguilar & Calderon Corporation -Total Project cost= $1,065,049.80 -Requires reallocation of funds • Recommended action includes award of Base Bid scope only (no add alternates) • Alternative actions: -A) Reject all bids and rebid project -B) Award project scope including Add Alternate No. 1 --> Total Cost= $1,160 ,945.40 300 301 302 Project Scope • Tennis Court Improvements • Clubhouse R m v I ~~t ~:O .-... ·--a.a = .1..u = .;:;a:;~ • -:--:::1'2-:·: .... ::::--..:=;-:,-_:.-:,:=::-_:.=-=---- -~----~-7..-·--- :: --·:-.. -=..".:.::-:=--=--- . _..;;::.~:=---==-..::: '----'' --~ ... _,. .. -,-.... -"I-•<•. --::=--:..."":: ---... 0 : ~ :::E"~:.:;.;;;::_ :=:-:: ·;-_ "-• ; •. ~:-=-~---,-~.; -. ~: ---vl =:-...:::::-~ .... -~~=;~:. :---• ..,. .. :::=.: ~.=:..:.=.-----.. --· '"'•-·--·· ...... -·-·· "::..=:-...::.. ..... -.... -.... ··~i--:Z~.:...~-Z:.::.. :-;::,:::-~:. . .. ~--· ·----... :;6..=-;::...__ ___ __ :. -_:._· ___ .:::-·-.... -- ~~--=---• 303 -=-- I ~~§~~~~~~~~~~~~;;~~~-j: f I -• ( . -~ --::-~::,.;--.~, I ~---. .; --~~ •) --=---.....: • -.-=--~ ---.· --:-::'.~~ -. < • ~ ,,. . . 530 City of Huntington Beach Remaining Line Items for Project Le Bard Park Improvements (CC-1668) Item Num Section Item Description Unit of Measure Qty. Unit Price Line Item Total: 1 Schedule A - Base Bid Mobilization, Overhead & Profit LS 1 90,000.00$ 22 Schedule A - Base Bid Tennis Court Benches EA 4 1,000.00$ 4,000.00$ 24 Schedule A - Base Bid Hi-Lo Drinking Fountain and Sump EA 1 4,500.00$ 4,500.00$ 25 Schedule A - Base Bid Bike Rack EA 1 2,000.00$ 2,000.00$ 26 Schedule A - Base Bid Trash Receptacles EA 2 500.00$ 1,000.00$ 27 Schedule A - Base Bid Tennis Court S.S. Electrical Panel Enclosure EA 1 25,000.00$ 25,000.00$ 28 Schedule A - Base Bid Electrical Meter Pedestal and Concrete Pad EA 1 25,000.00$ 25,000.00$ 29 Schedule A - Base Bid 84" Tennis Court Gates, Posts and Footings EA 4 2,500.00$ 10,000.00$ 31 Schedule A - Base Bid New C.L.F. at Tennis Courts Gates Allow 1 7,600.00$ 7,600.00$ 32 Schedule A - Base Bid Soil Amendments SF 5417 1.20$ 6,500.40$ 33 Schedule A - Base Bid 5 Gal. Shrubs EA 113 36.00$ 4,068.00$ 34 Schedule A - Base Bid Sod SF 4578 3.00$ 13,734.00$ 35 Schedule A - Base Bid 2" Layer of Mulch SF 839 2.50$ 2,097.50$ 36 Schedule A - Base Bid Irrigation System Allow 1 6,000.00$ 6,000.00$ 37 Schedule A - Base Bid Irrigation Controller, Enclosure and Concrete Pad EA 1 2,500.00$ 2,500.00$ 38 Schedule A - Base Bid Adjustment Existing Irrigation Heads for Head to Head Coverage. Replace Rainbird 8005 heads,as required per City Representative. (58,293 s.f.) EA 36 45.00$ 1,620.00$ 39 Schedule A - Base Bid 67,806.00$ 273,425.90$ Klassic Engineering and Construction Inc. Project Total Concrete Grinding-Grind off high spots and rough concrete around posts. Sloping-Fill low spots in concrete, Smooth out any rough spots prior to resurfacing courts. Texture removal-Grind off approx. 200 sq. ft. of debris left stuck to slab. Windscreens-Furnish and Install windscreens. 78% wind blockage, polypropolene, double stitched, 9 feet 4 inches high. Mastic-Remove all existing mastic/caulking from expansion joints and install new mastic. Surface new Tennis Court (bare concrete based on medium broom finish and * no curing compound* or ew asphalt). Acid etch, power wash to clean.Apply primer coat. Apply black Sportsmaster resurfacer coat mixed with #60 Silica sand to provide a superior base for color coats. Apply two color coats, mixed with #90 sand of Sportsmaster color. Stripe to Specifications We cannot guarantee against the occurrence of any new spalls or pop outs. *Note* Structural Cracks in Concrete will undoubtedly return* Medium speed of play. Stripe play lines, Sharp and Accurate to ASBA specs. Lines to be white Latex Acrylic line paint, unless otherwise specified. Squeegee marks, lines or swirls are always visible in the application process, but will fade over time. Please be aware that only two (2) color choices are available (not including "Bright Red" or "Tournament Purple", these colors are considered Premium Colors and would require an additional fee. 304 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:24-253 MEETING DATE:5/7/2024 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Eric G. Parra, Interim City Manager VIA:Chau Vu, Director of Public Works PREPARED BY:Sarah Whitecotton, Management Analyst Subject: Approve AB 2766/MSRC Microtransit Service Grant Agreement with the South Coast Air Quality Management District (“SCAQMD”) to provide funding for the City’s downtown shuttle service agreement with Circuit Transit, Inc. (“Circuit”) Statement of Issue: A two-year downtown electric shuttle service agreement with Circuit Transit, Inc. was approved effective January 2024, and staff was directed to obtain grants to help fund the contract. Approving this AQMD/MSRC one-time grant will fund $279,186 of the overall Circuit agreement. Financial Impact: The AB 2766/MSRC Microtransit Service Grant Agreement with SCAQMD will fund $279,186 of the Circuit agreement. A required match of equal funds which will be provided through an Orange County Transit Authority (OCTA) grant that has been received into business unit 126390001.69505. Recommended Action: A) Approve the AB 2766/MSRC Microtransit Service Grant Agreement with the South Coast Air Quality Management District for the downtown shuttle service agreement funding for Circuit Transit, Inc.; and B) Grant permission to the Director of Public Works to execute the AB 2766/MSRC Microtransit Service Grant Agreement with the South Coast Air Quality Management District electronically; and C) Approve a budget appropriation of $279,186 for the AQMD/MSRC grant funds into business unit 129185101.69505. Alternative Action(s): Do not approve the recommended actions, and direct staff accordingly. Analysis: City of Huntington Beach Printed on 5/1/2024Page 1 of 2 powered by Legistar™305 File #:24-253 MEETING DATE:5/7/2024 The SCAQMD Governing Board approved funding for the City’s downtown electric shuttle project on June 2, 2023. As a result, staff issued a request for proposals to provide a downtown shuttle service with bids due in August 2023. An internal panel of staff reviewed all proposals, and rated Circuit as the most qualified firm; therefore, a contract was negotiated with Circuit for a term of two years and a not-to-exceed amount of $1,535,426. The City has obtained sufficient grants to fund this agreement with Circuit. The AB 2766/MSRC Microtransit Service Grant Agreement from SCAQMD is effective beginning July 1, 2024 and will provide $279,186 in funding. SCAQMD will audit the shuttle program at least once every two years over the span of the agreement to ensure compliance with the terms of the grant. The downtown electric shuttle service program is also being funded through an Orange County Transit Authority Project V grant of $806,240 (126390001.69505) and In-Lieu Parking Fee funds of $100,000 (30885101.69505). The remainder of funding will be supplemented with State earmarks from Senator David Min’s Office in the amount of $350,000. There will be no impact to the City’s General Fund to provide this service for the two-year term. Environmental Status: This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Strategic Plan Goal: Goal 2 - Fiscal Stability, Strategy A - Consider new revenue sources and opportunities to support the City's priority initiatives and projects. For details, visit www.huntingtonbeachca.gov/strategicplan <http://www.huntingtonbeachca.gov/strategicplan>. Attachment(s): 1. AB 2766/MSRC Microtransit Service Grant Agreement with the South Coast Air Quality Management District 2. PowerPoint Presentation City of Huntington Beach Printed on 5/1/2024Page 2 of 2 powered by Legistar™306 307 DocuSign Envelope ID: 03E:B9920~1C58-4A 1DwACE9-3141448C4DF7 South Coast ""'""'"""' Air Quality Management District ' . . Grant Agreement No. MS24005 Cleon Transportation Funding rrorn ihe MSRC AB 2766/MSRC IMPLEMENTATION OF NEW OR EXPANDED MICROTRANSIT SERVICE GRANT AGREEMENT 1. PARTIES The parties to this Grant Agreement ("Agreement") are the South Coast Air Quality Management District (referred to here as "SCAQMD") whose address is 21865 Copley Drive, Diamond Bar, California 91765-4178, and City of Huntington Beach (referred to here as "RECIPIENT") whose address is 2000 Main Street, Huntington Beach, California 92648. 2. RECITALS A. SCAQMD Is the local agency with primary responsibility for regulating stationary source air pollution within the geographical boundaries of the South Coast Air Quality Management District in the State of California (State). B. Under State Health & Safety Code Sections 44225, et seq. (AB 2766), SCAQMD's Governing Board has authorized the imposition of the statutorily set motor vehicle fee for the purpose of reducing air pollution from motor vehicles and to implement the California Clean Air Act. By taking such action, the State's Department of Motor Vehicles (DMV) is required to collect such fee and remit it periodically to SCAQMD. C. AB 2766 further mandates that thirty {30) percent of such vehicle registration fees be placed by SCAQMD into a separate account for the sole purpose of implementing and monitoring programs to reduce air pollution from motor vehicles. •• D. AB 2766 creates a regional Mobile Source Air Pollution Reduction Review Committee (MSRC) to develop a work program to fund projects from the separate account. Pursuant to approval of the work program by SCAQMD's Governing Board, SCAQMD authorized this Agreement with RECIPIENT for equipment or services described in Attachment 1 -Statement of Work, expressly incorporated herein by this reference and made a part hereof of this Agreement""'' E. RECIPIENT met the requirements for receipt of AB 2766 Discretionary Funds as set forth in RECIPIENT's Microtransit Zero-Emission Shared Mobility Service Program Proposal dated January 6, 2023 and was awarded a grant under the work program. F. RECIPIENT is authorized to do business in the State of California and attests that it is in good tax standing with the California Franchise Tax Board. G, All parties to this Agreement have had the opportunity to have this Agreement reviewed by their attorney. 3. OMV FEES RECIPIENT acknowledges that SCAQMD cannot guarantee that the amount offees to be collected under AB 2766 will be sufficient to fund this Agreement. RECIPIENT further acknowledges that payment under this Agreement is contingent upon SCAQMD receiving sufficient funds from the DMV, and that SCAQMD assumes no responsibility for the collection and remittance of motor vehicle registration fees. 4. AUDIT AND RECORDS RETENTION A. RECIPIENT shall, at least once every two years, or within two years of the termination of the Agreement If the term is less than two years, be subject to an audit by SCAQMD or its authorized representative to determine if the revenues received by RECIPIENT were spent for the reduction of pollution from motor vehicles pursuant to the Clean Air Act of 1988. B. RECIPIENT agrees to maintain records related to this Agreement during the Agreement term and continue to retain these records for a period of two years beyond the Agreement term, except that in no case shall 1 308 DocuSign Envelope 10: 03EB992D-1C58-4A1D~ACE9-3141448C40F7 Grant Agreement No. MS24005 RECIPIENT be required to retain more than the most recent five years' records. SCAQMD shall coordinate such audit through RECIPIENT'S audit staff. C. If an amount is found to be inappropriately expended, SCAQMD may withhold funding, or seek reimbursement, from RECIPIENT in the amount equal to the amount that was Inappropriately expended. Such withholding shall not be construed as SCAQMD's sole remedy and shall not relieve RECIPIENT of its obligation to perform under the terms of this Agreement. 5. TERM This Agreement will become effective when signed by both parties for the period starting July 1, 2024 and shall remain in effect until September 1, 2026, unless terminated as specified herein or extended by amendment of this Contract in writing. No work shall commence prior to the Agreement start date, except at RECIPIENT's cost and risk, and no charges are authorized until this Agreement Is fully executed, subject to the provisions stated in the PRE-AGREEMENT COSTS clause of this Agreement. 6. SUCCESSORS-IN-INTEREST This Agreement, and the obligations arising under the Agreement, shall be binding on and Inure to the benefit of RECIPIENT and their executors, administrators, successors, and assigns. 7. REPORTING RECIPIENT shall submit reports to SCAQMD as outlined in Attachment 1 -Statement of Work. SCAQMD reserves the right to review, comment, and request changes to any report produced as a result of this Agreement. 8. TERMINATION A. In the event any party fails to comply with any term· or condition of this Agreement or fails to provide services in the manner agreed upon by the parties, including, but not limited to, the requirements of Attachment 1 -Statement of Work, t~!s.f<iHvre ... sb.i![l.spnstltute a breach of this Agreement. The non- breaching party shall notify the breaching partyfhafit must cure this breach or provide written notification of its intention to terminate this Agreement. Notification shall be provided in the manner set forth in the NOTICES clause of this Agreement The non-breaching party reserves all rights under law and equity to enforce this Agreement and recover damages. B. SCAQMD reserves the right to terminate this Agreement, in whole or in part, without cause, upon thirty (30) days' written notice. Once such notice has been given, RECIPIENT shall use all reasonable efforts to mitigate its expenses and obligations. RECIPIENT will be paid in accordance with this Agreement for tasks performed and costs Incurred that could not be mitigated before the effective date of termination. B. RECIPIENT shall be paid in accordance with this Agreement for all Work performed before the effective date of termination under section B of the TERMINATION clause of this Agreement. Before expiration of the thirty (30) days' written notice, RECIPIENT shall promptly deliver to SCAQMD all copies of documents and other information and data prepared or developed by RECIPIENT under this Agreement with the exception of a record copy of such materials, which may be retained by RECIPIENT. 9. INSURANCE RECIPIENT represents that it Is permissibly self-insured and will maintain such self-insurance in accordance with applicable provisions of California law throughout the term of this Agreement. RECIPIENT shall provide evidence of sufficient coverage annually during the term of this Agreement and any extensions thereof that meet or exceed the minimum req ulrements set forth by the SCAQMD below. The certificate of self-insurance shall be mailed lo: SCAQMD, 21865 Copley Drive, Diamond Bar, CA 91765-4178, Attention: Cynthia Ravenstein, MSRC Agreements Administrator and sent by email to SCAQMD Risk Management 2 309 DocuSfgn Envelope ID: 03E8992D-1C58-4A1D-ACE9-3141448C4DF7 Grant Agreement No. MS24005 (lnsurancecertlflcate@aqmd.gov). The SCAQMD Agreement Number must be included on the face of the certificate. If RECIPIENT fails to maintain the required Insurance coverage, SCAQMD reserves the right to terminate the Agreement or purchase such additional insurance and bill RECIPIENT or deduct the cost thereof from any payments owed to RECIPIENT. Minimum insurance coverages are as follows: A. Worker's compensation Insurance in accordance with either California or other state's applicable statutory requirements. B. General Liability insurance with a limit of at least $1,000,000 per occurrence, and $2,000,000 in general aggregate. C. Automobile Liability insurance with limits of at least $100,000 per person and $300,000 per accident for bodily injuries and $50,000 in property damage, or $1,000,000 combined single limit for bodily injury or property damage. 10. INDEMNIFICATION RECIPIENT agrees to hold harmless, defend and indemnify SCAQMD, its officers, employees, agents, representatives, and successors-in-interest against any and all loss, damage, costs, lawsuits, claims, demands, causes of action, judgments, attorney's fees, or any other expenses arising from or related to any third party claim against SCAQMD, its officers, employees, agents, representatives, or successors in interest that arise or result In whole or in part, from any actual or alleged act or omission of RECIPIENT, its officers, its employees, contractors, agents or representatives in the performance of this Agreement. This Indemnification Clause shall survive the expiration or terml.nation (fqr anyreason) of the Agreement and shall remain In full force and effect. • • • • • 11. PAYMENT A. SCAQMD shall reimburse RECIPIENT µptq.9Jot~L~mqy.nt of Two Hundred Seventy-Nine Thousand One Hundred Eighty-Six Dollars ($279,186)in accordance with Attachment 2 -Payment Schedule expressly incorporated herein by this reference and made a part hereof of the Agreement. B. A withhold amount or percentage (if any) shall be identified in the Payment Schedule, and such amount shall be withheld from each invoice. Upon satisfactory completion of project and final acceptance of work and the final report, RECIPIENT'S Invoice for the withheld amount shall be released. Proof of project completion shall include a Final Report detailing the project goals and accomplishments, data collected during project performance, if any, documentation of significant results, and emissions reduction input data needed for calculation of emissions reductions. C. Any funds not expended upon early Agreement termination or Agreement completion shall revert to the AB 2766 Discretionary Fund. Payment of charges shall be made by SCAQMD to RECIPIENT within thirty (30) days after approval by SCAQMD of an itemized invoice prepared and furnished by RECIPIENT. D. An Invoice submitted to SCAQMD for payment must be prepared In duplicate, on company letterhead, and list SCAQMD's Agreement number, period covered by invoice, and RECIPIENT's social security number or Employer Identification Number and submitted to: South Coast Air Quality Management District 21865 Copley Drive Diamond Bar, CA 91765-4178 Attn: Cynthia Ravensteln, MSRC Contracts Administrator 3 310 DocuSign Envelope ID: 03EB992D-1C58-4A1D~ACE9-3141448C4DF7 Grant Agreement No. MS24005 1. Charges for equipment, material, and supply costs, travel expenses, contractor, and other charges, as applicable, must be itemized by RECIPIENT. Reimbursement for equipment, material, supplies, contractor, and other charges, as applicable, shall be made at actual cost. Supporting documentation must be provided for all individual charges (with the exception of direct labor charges provided by RECIPIENT). 2. SCAQMD shall pay RECIPIENT for travel-related expenses only If such travel is expressly set forth in Attachment 2 -Payment Schedule of this Agreement or pre-authorized by SCAQMD In writing. 3. RECIPIENT's failure lo provide receipts shall be grounds for SCAQMD's non-reimbursement of such charges. SCAQMD may reduce payments on invoices by those charges for which receipts were not provided, 4. RECIPIENT must submit final invoice no later than ninety (90) days after the termination date of this Agreement or invoice may not be paid. 12. COMPLIANCE WITH APPLICABLE LAWS, LICENSES, PERMITS RECIPIENT agrees to comply with all federal, stale, and local laws, ordinances, codes and regulations and orders of public authorities in the performance of this Agreement, including complying with all licensing and permitting requirements and obtaining all clearances from appropriate agencies applicable to the project. RECIPIENT must also ensure that the vehicles and/or equipment to be purchased, leased or installed in the performance of this Agreement are in compliance with all applicable federal, state, and local air quality rules and regulations, and that II will maintain compliance for the full Agreement term. RECIPIENT shall ensure that the provisions of this clause are included i~ all contracts and subcontracts. 13. MOBILE SOURCE EMISSION REDUCTIO~C~EDITS (MSERCs} A. The MSRC has adopted a policy that no MSERC$ resulting from AB 2766 Discretionary Funds may be generated and/or sold. B. RECIPIENT has the opportunity to generate MSERCs as a by-product of the project if a portion of the air quality benefits attributable to the prqjer;(J\lS!!l!~\iJm[)l funding sources other than AB2766. These MSERCs, which are Issued by SCAQMD, are based upon the quantified vehicle miles traveled (VMT) by project vehicles or other activity data as appropriate. Therefore, a portion of prospective MSERCs, generated as a result of AB 2766 Funds, must be retired. The portion of prospective credits funded by the AB 2766 program, and which are subject to retirement, shall be referred to as "AB 2766-MSERCs." C. The determination of AB 2766-MSERC's is to be prorated based upon the AB 2766 program's contribution to the cost associated with the air quality benefits. In the case where AB 2766 Discretionary Funds are used to pay for the full differential cost of a new alternative fuel vehicle or for the retrofitting or repowering of an existing vehicle, all MSERCs attributable to AB 2766 Discretionary Funds must be retired. The determination of AB 2766-MSERCs for infrastructure and other ancillary Items is to be prorated based upon the AB 2766 program's contribution to the associated air quality benefits. Determination of the project's overall cost will be on a case-by-case basis at the time an MSERC application ls submitted. SCAQMD staff, at the time an MSERC application is submitted, will calculate total MSERCs and retire the AB 2766-MSERCs. RECIPIENT would then receive the balance of the MSERCs not associated with AB 2766 funding. 14. NOTICES All notices that are required under this Agreement shall be provided in the manner set forth herein, unless specified otherwise. Notice to a party shall be delivered to the attention of the person listed below, or to such other person or persons as may hereafter be designated by that party in writing. Notice shall be in writing sent by email, U.S. Mail, express, certified, return receipt requested, or a nalionally recognized overnight courier service. In the case of email communications, valid notice shall be deemed to have been delivered upon 4 311 DocuSlgn Envelope ID: 03EB992D-1C58-4A1 D-ACE9-3141448C4DF7 Grant Agreement No. MS24005 sending, provided the sender obtained an electronic confirmation of delivery. Email communications shall be deemed to have been received on the date of such transmission, provided such date was a business day (Tuesday-Friday) and delivered prior to 5:30pm Pacific Standard Time. Otherwise, receipt of email communications shall be deemed to have occurred on the following business day. In the case of U.S. Mail notice, notice shall be deemed to be received when delivered or five (5) business days after deposit In the U.S. Mail. In the case of a nationally recognized overnight courier service, notice shall be deemed received when delivered (written receipt of delivery). SCAQMD: South Coast Air Quality Management District 21865 Copley Drive Diamond Bar, CA 91765-4178 Attn: Cynthia Ravenstein, MSRC Contracts Administrator, email: cravenstein@aqmd.gov RECIPIENT: City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Attn: Chau Vu, email: chau.vu@surfcity-hb.org 15. INDEPENDENT CONTRACTOR RECIPIENT, its officers, employees, agents, or representatives shall act in an independent capacity, and shall In no sense be considered employees or agents of SCAQMD, nor shall RECIPIENT, its officers, employees, agents, or representatives be entitled to or eligible to participate in any benefits, privileges, or plans, given or extended by SCAQMD to its employees. SCAQMD will not supervise, direct, or have control over, or be responsible for RECIPIENT's means, methods, techniques, work sequences or procedures, or for the safety precautions and programs incident thereto, .qcfp19qyf<Jl!YWQY them to comply with any local, state, or federal laws, or rules or regulations, Including state minimum wage laws and OSHA requirements. 16. OWNERSHIP Title and full ownership rights to any equipment purchased under this Agreement shall at all times remain with RECIPIENT. 17. NON-DISCRIMINATION In the performance of this Agreement, RECIPIENT shall not unlawfully discriminate, harass or allow harassment, against any employee or applicant for employment on the basis of race, religious creed, color, national origin, ancestry, sex, sexual orientation, marital status, age, mental status, medical condition, physical or mental disability, or allow unlawful denial of family and medical care leave, denial of pregnancy disability leave, or reasonable accommodations. RECIPIENT shall comply with the provisions of the California Fair Employment & Housing Act (Government Code Sections 12900 et seq.), the Federal Civil Rights Act of 1964 (P.L. 88-352) and all amendments thereto, Executive Order No.11246 (30 Federal Register 12319), and all administrative rules and regulations issued pursuant to said Acts and Order. 18. ASSIGNMENT AND TRANSFER OF EQUIPMENT A. The rights and responsibilities granted hereby may not be assigned, sold, licensed, or otherwise transferred by RECIPIENT without the prior written consent of SCAQMD, and any attempt by RECIPIENT to do so shall be void upon inception. 5 312 DocuSign Envelope ID: 03EB992D•1C58-4A1D-ACE9-3141448C4DF7 Grant Agreement No. MS24005 B. RECIPIENT agrees to obtain SCAQMD's written consent to any assignment, sale, license or transfer of Equipment, if any, prior to completing the transaction. RECIPIENT shall inform the proposed assignee, buyer, licensee or transferee (collectively referred to here as "Buyer') of the terms of this Agreement. RECIPIENT is responsible for establishing contact between SCAQMD and the Buyer and shall assist SCAQMD In facilitating the transfer of this Agreement's terms and conditions to the Buyer. RECIPIENT will not be relieved of the legal obligation to fulfill the terms and conditions of this Agreement until and unless the Buyer has assumed responsibility of this Agreement's terms and conditions through an executed Agreement with SCAQMD. 19. NON-EFFECT OF WAIVER The failure of RECIPIENT or SCAQMD to insist upon the performance of any or all of the terms, covenants, or conditions of this Agreement, or failure to exercise any rights or remedies hereunder, shall not be construed as a waiver or relinquishment of the future performance of any such terms, covenants, or conditions, or of the future exercise of such rights or remedies, unless otheiwise provided for herein. 20. TAX IMPLICATIONS FROM RECEIPT OF MSRC FUNDS RECIPIENT is advised to consult a tax attorney regarding potential tax implications from receipt of MSRC funds. 21. ATTORNEYS' FEES In the event any action is filed in connection with the enforcement or interpretation of this Agreement, each party in said action shall pay Its own attorneys' fe~s and costs. ; "'•··· ; .... ··.••,•,· . 22. FORCE MAJEURE A party shall not be liable or deemed to .be in default for any delay or failure in performance under this Agreement or interruption of services resulting, directly or indirectly, from acts of God, civil or military authority, acts of public enemy, war, strikes, labor disputes,-.shortag!'lsof suitable parts, materials, labor or transportation, or any similar cause beyond the party's reasonable control. 23. SEVERABILITY In the event that any one or more of the provisions contained in this Agreement shall for any reason be held to be unenforceable in any respect by a court of competent jurisdiction, such holding shall not affect any other provisions of this Agreement, and the Agreement shall then be construed as if such unenforceable provisions are not a part hereof. 24. HEADINGS Headings on the clauses of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify, or aid in the interpretation, construction, or meaning of the provisions of this Agreement. 25. SIGNATURES This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which shall constitute together one and the same instrument. Further, the parties agree that this Agreement or any counterpart may be executed and delivered by DocuSign, or by transmitting a manual signature by fax or .pdf, which shall have the same force and effect as copies executed and delivered with original manual signatures. 6 313 DocuSign Envelope ID: 03EB992D-1C58-4A1D-ACE9-3141448C4DF7 Grant Agreement No. MS24005 26. GOVERNING LAW This Agreement shall be construed and interpreted, and the legal relations created thereby shall be determined in accordance with the laws of the State of California, Venue for resolution of any disputes under this Agreement shall be Los Angeles County, California. 27. PRE-AGREEMENT COSTS Any costs Incurred by RECIPIENT prior to RECIPIENT receipt of a fully executed Agreement shall be incurred solely at the risk of the RECIPIENT. In the event that this Agreement is not executed, neither the MSRC nor the SCAQMD shall be liable for any amounts expended in anticipation of a fully executed Agreement. If this Agreement is fully executed, pre-Agreement cost expenditures authorized by the Agreement will be reimbursed in accordance with the Payment Schedule and payment provision of the Agreement. 28. CHANGE TERMS Changes to any part of this Agreement must be requested in writing by RECIPIENT and approved by MSRC in accordance with MSRC policies and procedures. RECIPIENT must make requests a minimum of 90 days prior to desired effective date of change. All modifications to this Agreement shall be in writing and signed by the authorized representatives of the parties. Fueling station location changes shall not be approved under any circumstances. 29, ENTIRE AGREEMENT This Agreement represents the entire agreement between RECIPIENT and SCAQMD. There are no understandings, representations, or warranties of any kind except as expressly set forth herein, No waiver, alteration, or modification of any of the provisions herein shall be binding on any party unless in writing and signed by the authorized representative of the party against whom enforcement of such waiver, alteration, or modification is sought. No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at anothertime, . • .. 30. AUTHORITY The signatory hereto represents and warrants that he or she is authorized and empowered and has the legal capacity to execute this Agreement and to legally bind RECIPIENT both in an operational and financial capacity and that the requirements and obligations under this Agreement are legally enforceable and binding on RECIPIENT. (THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK) 7 314 DocuSlgn Envelope ID: 03EB992D-1 C58-4A1 D-ACE9-31.41448C4DF7 Grant Agreement No. MS24005 IN WITNESS WHEREOF, the parties to this Agreement have caused this Agreement to be duly executed on their behalf by their authorized representatives. SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT By: ____________ _ Vanessa Delgado, Chair, Governing Board Date: _____________ _ APPROVED AS TO FORM: Bayron T, Gilchrist, General Counsel IIMSRC Master Boilerplate Revised March 15,2023 8 CITY OF HUNTINGTON BEACH APPROVED AS TO FORM By:_-=-c-----(· .. • MICHAELE. GATES CITY ATTORNEY CITY OF HUNTINGTON El~ACH 315 OocuSlgn Envelope ID: 03E8992D-1C58-4A1D-ACE9-3141448C4DF7 Project Description Attachment 1 Statement of Work City of Huntington Beach Agreement Number MS24005 The purpose of this Agreement is to implement a project to expand existing mlcrotransit services by increasing the existing mlcrotransit service area in Huntington Beach, California. The City of Huntington Beach, hereinafter referred to as RECIPIENT, proposed to partner with Circuit Transit, Inc,, hereinafter referred to as OPERATOR, to provide such micro-transit service, Expanded HB Circuit Service. The expanded service is to be provided in an approximately 0.4 square mile area of the City of Huntington Beach, which combined with the existing service area will provide a total approximately 1.9 square mile service area. One of the goals of the program is to attract new transit riders by connecting them to/from their final destinations. The service will also incentivize residents, employees and visitors to park only once and use the service to travel within the service area, thereby reducing the number of short trips. Using funds provided by SCAQMD, on behalf of the Mobile Source Air Pollution Reduction Review Committee (MSRC), RECIPIENT shall implement the expanded HB Circuit Service. Statement of Work Task I: Plan Expanded HB Circuit Service RECIPIENT shall work with OPERATOR to complete planning of Expanded HB Circuit Service. Service shall meet the following parameters: A. Duration -The expanded HB Circuit Service project shall operate for 12 months. B. Schedule -Expanded HB Circuit Service shall be provided from: 1. 12:00 p.m. to 9:00 p.m. Mondays through Thursdays; 2. 10:00 a.m. to 10:00 p.m. on Fridays and Saturdays; and 3. 10:00 a.m. to 9:00 p.m. on Sundays. Hours of operation are subject to change depending upon demand, but In no case shall service be provided for fewer than 195 hours per week, C. Expanded HB Circuit Service Area -Expanded HB Circuit Service shall be provided in the area shown In Attachment 3 -Service Area. D. Ride Hailing Process -OPERATOR shall provide a mobile application through which users can book a ride directly. Users shall also have the option of hailing a vehicle directly on the street. E. Fare: Rides will be offered for $2 during the MSRC-supported year of the service. The cost for groups of three or more will be capped at $6. F. Vehicles: A minimum of four vehicles shall be in operation at all times during the service hours, with one Americans with Disabilities Act (ADA)-accessible vehicle Immediately available to be placed into service as needed. GEM e6 battery electric vehicles, with capacity for five seated passengers and the driver, shall be used to provide service, Supporting documentation to substantiate the vehicles used shall be made available upon request. 316 DocuSlgn Envelope ID: 03EB992D-1C58-4A1D-ACE9-3141448C4DF7 Task II: Conduct Outreach Attachment 1 Statement of Work City of Huntington Beach Agreement Number MS24005 Promotional efforts shall market Expanded HB Circuit Service and, where feasible, the air quality benefits of alternative commute modes. Additionally, RECIPIENT shall pursue cross-promotional opportunities with trip destinations/hubs within the Service Area. When feasible, proposed marketing materials shall be submitted to the MSRC Contracts Administrator for review and approval prior to publication or posting. The MSRC Contracts Administrator shall respond, if applicable, with any comments within three business days, otherwise, the proposed materials shall be deemed approved. Expanded HB Circuit Service promotion elements shall include, but are not limited to: A. Branding: Expanded HB Circuit Service identity including vehicle wraps and branded collaterals to portray a positive and memorable impression of Expanded HB Circuit Service; B. Mass Communication/ Advertising: 1. Social media and website postings; 2. Articles in newsletters; and . 3. Promotion at community events. Task Ill: Operate Service RECIPIENT shall oversee and be responsible for OPERATOR's operation of expanded HB Circuit Service in accordance with the parameters set forth above. RECIPIENT shall be reimbursed on a quarterly basis for the operating cost of providing microtransit service, as set forth In Attachment 2 -Payment Schedule. Task IV; Develop and Initiate Plan for Future Operation RECIPIENT shall develop a plan for continuing operation of the Service following the end of MSRC funding assistance and take such preparatory steps as necessary to implement the plan immediately at the end of the MSRC-supported service. The plan shall be Included in the reporting discussed below. Task V: Monitoring, Documentation, and Reporting Quarterly Reports: RECIPIENT shall provide an accounting of achievement of milestones; current activity; information on outreach impressions (e.g. number of social media hits); preliminary findings and recommendations for completion of agreement; any project delays or problems and solutions; and summary and analysis of project results to date on a quarterly basis. Progress Reports that do not comply will be returned to the RECIPIENT as inadequate. Final Report: Following completion of the 12-month duration of MSRC-supported service, RECIPIENT shall prepare a Final Report, in the format provided by MSRC staff, that summarizes actions taken to develop the program, identifies any obstacles and solutions, discusses the successes of various marketing and administrative techniques or procedures, and quantifies the overall emission reduction benefits of the project. The Final Report shall also address boardings per revenue hour, percent shared rides, percentage of trips to/from transit hubs, and customer satisfaction. 317 DocuSign Envelope JD: 03EB992D-1C58-4A 1 D-ACE9~3141448C4DF7 Attachment 1 Statement of Work City of Huntington Beach Agreement Number MS24005 Project Schedule RECIPIENT shall comply with the increments of progress identified in the following chart. Task Task I: Plan Expanded Service Task II: Conduct Outreach Task Ill: Operate Service Task IV: Develop Plan for Future Operation Task V: Monitoring and Reporting Quarterly reports Final Report Completion April 2025 May 2026 June 2026 April 2026 On the 15 th of January, April, July, and October for the previous quarter until MSRC- supported operation is com lete September 2026 318 DacuSlgn Envelope ID: 03EB992D-1C58-4A10-ACE9-3141448C4DF7 Cost Breakdown Expanded HB Circuit Ride Share Program Cost Element Task I: Plan Expanded HB Circuit Ride Share Program Task II: Conduct Outreach Task Iii: Operate Service Task IV: Develop and Initiate Plan for Future Operation Task V: Monitoring, Documentation and Reporting Totals Attachment 2 Payment Schedule City of Huntington Beach Agreement Number MS2400S Maximum AB 2766 RECIPIENT and Discretionary partners' Funds payable Co-Funding under this Agreement $0 $15,000 $0 $25,000 $279,186 $279,186 $0 $50,000 $0 $20,000 $279,186 $389,186 Total Project Cost $15,000 $25,000 $558,372 $50,000 $20,000 ~668,372 RECIPIENT and partners' co-funding contributions for Tasks I, 11, IV and V are not required to be documented provided that other co-funding sources are equal to or greater than $279,186. Co- funding must be expended proportionally, so that the amount of AB 2766 Discretionary Funds reimbursed to RECIPIENT shall not exceed 50% of actual costs. RECIPIENT shall be reimbursed according to the amounts stated above upon submission of invoices which shall Include a detailed accounting of labor hours and other expenses, as well as submission of any third-party invoices. For Outreach work, lost revenue which might otherwise have been obtained had the advertising space been sold, sometimes referred to as the "value" of the advertising, does not qualify for reimbursement. 319 DocuSign Envelope ID: 03E899,2D-1C58-4A1D•ACE9-3141448C4DF7 1. Map of Service Area Attachment 3 Supporting Documentation City of Huntington Beach Agreement Number MS24005 Huntington Bea.ch Circuit Ride Shi;!re Program. Clean Transportation Funding !1¢,m lh-t MSP,~- Exhibit A• Service Area LEGEND Exiting Seiv\oo Area Expanded Service Area j ··\\\::·::·\i::·I 320 DocuSign Envelope ID: 03EB992D-1C58-4A10-ACE9-3141448C4DF7 Attachment 3 Supporting Documentation City of Huntington Beach Agreement Number MS24005 Huntingtori Be~ch Circuit Ride Share Program Clean Tran~portatlon Funding fr9m1MMSRC Exiting service Area ~ .Expanded Servim Area e~-1·:,:,;:>I South Coast Air Quality Management District Grant May 7, 2024 321 BACKGROUND • The downtown electric shuttle service agreement, Circuit Transit, Inc., was approved for a two-year contract effective January 2024. Staff was directed to obtain grant funding for the majority of the contract. 322 Details • The AB 2766/MSRC Microtransit Service Grant Agreement with the South Coast Air Quality Management District for the downtown shuttle service agreement funding for Circuit Transit, Inc. will fund $279,186 of this contract amount. • Previously approved funding was in the form of an Orange County Transit Authority Project V grant of $806,240 (126390001.69505) and In-Lieu Parking Fee funds of $100,000 (30885101.69505). • The remainder of the funding will be supplemented with State earmarks from Senator David Min’s Office in the amount of $350,000. 323 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:24-288 MEETING DATE:5/7/2024 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Eric G. Parra, Interim City Manager VIA:Chau Vu, Director of Public Works PREPARED BY:Sarah Whitecotton, Management Analyst Subject: Approve Amendment No. 3 to the City’s Professional Services Contract for On-Call Water and Engineering Services with HDR Engineering, Inc. to extend the contract term for an additional two years Statement of Issue: The City previously entered into an On-Call Engineering Services agreement with HDR Engineering, Inc. to provide third-party technical support related to the Ascon Landfill site. Staff is requesting City Council approval of a contract amendment to extend the contract term for two additional years in order to continue providing these services to the community and to City staff. Financial Impact: No additional compensation is being sought for this contract term extension. Sufficient funds are available in the City’s operating budget. Recommended Action: Approve Amendment No. 3 to Professional Services Contract for On-Call Water and Engineering Services with HDR Engineering, Inc. Alternative Action(s): Do not approve amendment, and direct staff accordingly. Analysis: Residents have expressed a need for more information regarding the ongoing cleanup efforts at the closed Ascon Landfill site at the corner of Magnolia and Hamilton. Though the clean-up effort is led by Ascon, the City - in an effort to help local residents understand the environmental clean-up process being conducted by Ascon at the landfill site, previously hired HDR Engineering, Inc. to act as an independent, third-party technical advisor to the community and staff . In addition to providing regular reports to City staff regarding on-going work, HDR Engineering, Inc. also performs site visits, City of Huntington Beach Printed on 5/1/2024Page 1 of 2 powered by Legistar™324 File #:24-288 MEETING DATE:5/7/2024 attends meetings with stakeholders and the Department of Toxic Substance Control, and responds to resident’s questions regarding clean-up efforts at the landfill. Residents may submit questions at HBtechnicaladvisor@hdrinc.com. Amendment No. 3 will allow the City to continue providing these services with HDR Engineering, Inc. for an additional two years in order to keep residents informed about the activities at Ascon. Environmental Status: This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Strategic Plan Goal: Non Applicable - Administrative Item For details, visit www.huntingtonbeachca.gov/strategicplan <http://www.huntingtonbeachca.gov/strategicplan>. Attachment(s): 1. Amendment No. 3 to Professional Services Contract for On-Call Water and Engineering Services with HDR Engineering, Inc 2. Professional Services Contract for On-Call Water and Engineering Services with HDR Engineering, Inc, including Amendment No. 1 and Amendment No. 2 3. PowerPoint Presentation City of Huntington Beach Printed on 5/1/2024Page 2 of 2 powered by Legistar™325 326 AMENDMENT NO. 3 TO PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND HDR ENGINEERING, INC. FOR ON CALL WATER AND ENGINEERING SERVICES THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "CITY," and HDR Engineering, Inc. a Nebraska Corporation, hereinafter referred to as "CONSULT ANT." WHEREAS, CITY and CONSUL TANT are parties to that certain agreement, dated May 21, 2018 entitled "Professional Services Contract Between the City of Huntington Beach and HDR Engineering, Inc., for On-Call Water and Engineering Services" which agreement shall hereinafter be referred to as the "Original Agreement," and CITY and CONSULTANT wish to amend the Original Agreement to extend the term of the agreement: NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: I. EXTENSION OF TERM Agreement is hereby extended for two (2) years and will expire on May 20, 2026. 2. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. 24-14309/33620 I 327 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their authorized officers on , 2024 . -------------- CONSULTANT, HDR Engineering, Inc. By: ____________ _ print name ITS: (cir cle one) Chairman/PresidentN ice Presid ent AND By: ______________ _ print name ITS: (cir cle one) Secretary/Chi e f Financ ial O ffi cer/ Asst. Secretary -T r easurer 24 -I 43 09 /33620 I 2 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor City Clerk INIT IATED AND APPROVED: ~A1~~ Director of Public Works REVIEWED AN D APPROVED: City Manager City Attorney 328 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their authorized officers on , 2024. ------------- CONSULTANT, HDR Engineering, Inc. print name ITS : (circle one) Chai rman/Presid~~ AND /:J-· By: _ __..~------------ print name ITS: (circle one) Sc 1ccr/ Asst. • ·easurer VIQ 0-'eqeAlnt_ 24-14309/33620 I 2 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor City Clerk INITIATED AND APPROVED: Director of Public Works REVIEWED AND APPROVED: City Manager APPROVED AS TO FORM: City Attorney 329 City of Huntington Beach 2000 Main Street , Huntington Beach , CA 92648 File #: 22-422 MEETING DATE: 6/7/2022 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Sean Joyce, Interim City Manager VIA: Sean Crumby, Director of Public Works PREPARED BY: Ken Dills, Administrative Services Manager Subject: Approve Amendment No. 2 to the City's On-Call Water and Engineering Services Contract with HDR Engineering, Inc. extending the contract term for an additional two years Statement of Issue: The City entered into an On-Call Engineering Services agreement with HOR Engineering, Inc . that is used to provide third-party technical support for the community and City Staff related to the Ascon Landfill site . Staff is requesting City Council approval of a contract amendment extending the contract for two years to continue providing the services . Financial Impact: No additional compensation is being sought for this contract amendment. Costs for these services are included in the Public Works General Fund operating budget. Recommended Action: Approve "Amendment No . 2 to Professional Services Contract Between the City of Huntington Beach and HOR Engineering, Inc . for On Call Water and Engineering Services." Alternative Action(s): Do not approve the contract amendment and instruct staff on how to proceed . Analysis: Huntington Beach residents have expressed significant concerns about the ongoing cleanup efforts at the closed Ascon Landfill site at the SW corner of Magnolia and Hamilton . Even though the City is not regulating this clean-up effort, many residents have attended Council meetings and other meetings, asked questions and expressed concerns on social media , and have more information about community safety . In an effort to help local residents understand the environmental cleanup process being conducted by Ascon at the landfill site, the City previously hired HOR Engineering to act as an independent, third- City of Huntington Beach Page 1 of 2 Printed on 6/1/202 2 powera2J5:&, Legistar ™ 330 File #: 22-422 MEETING DATE: 6/7/2022 party technical advisor. In addition to providing regular reports to City Staff regarding on-going work, HOR also responds to resident's questions regarding the cleanup efforts at the landfill. Residents may submit questions at HBtechnicaladvisor@hdrinc.com <mailto:HBtechnicaladvisor@hdrinc.com>. Amendment No. 2 will allow the City to continue providing these services with HOR Engineering in order to keep residents informed about the activities at Ascon. Environmental Status: Not applicable for this action. Strategic Plan Goal: Community Engagement Attachment(s): 1. Amendment No. 2 to Professional Services Contract between the City of Huntington Beach and HOR Engineering, Inc. For On Call Water and Engineering Services 2. Amendment No. 1 to Professional Services Contract between the City of Huntington Beach and HOR Engineering, Inc. For On Call Water and Engineering Services 3. Original HOR Contract City of Huntington Beach Page 2 of 2 Printed on 6/1/2022 power~ Leg1star™ 331 AMENDMENT NO. 2 TO PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND HDR ENGINEERING, INC. FOR ON CALL WATER AND ENGINEERING SERVICES THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "CITY," and HDR Engineering, Inc. a Nebraska Corporation, hereinafter referred to as "CONSULT ANT." WHEREAS, CITY and CONSULTANT are parties to that certain agreement, dated May 21, 2018 entitled "Professional Services Contract Between the City of Huntington Beach and HDR Engineering, Inc., for On-Call Water and Engineering Services" which agreement shall hereinafter be referred to as the "Original Agreement," and CITY and CONSULTANT wish to amend the Original Agreement to extend the term of the agreement: NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. EXTENSION OF TERM Agreement is hereby extended for two (2) years and will expire on May 20, 2024. 2. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. 22-11317/282452 1 332 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their authorized officers on ___ \A-=--'U_IUU----"=--"""'7''-7'7l...,-----' 2022 . CONSULTANT, HDR Engineering, Inc. By: ______________ _ print name ITS: (circle one) Chairrnan/PresidentNice President AND By: ______________ _ print name ITS: (circle one) Secretary/Chief F inancial Officer/ Asst. Secretary -Treasurer 22-11317/282452 CITY OF HUNTINGTON BEAC al__, IUa.tMI ~~ City Clerk b?/10/.2.2 J£? City Attorney ~ 2 COUNTERPART 333 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their authorized officers on ___ .....,t/u.,,____c'-'-'-/LL-,.....::...::;___1_1lv _____ , 2022. CONSULT ANT, HDR Engineering, Inc. By }~~~ Anna Lantin , ~ e President print name ITS: (circle one) Chairman/PresidentNice President AND By ~ Elizabeth C. Buell , Assistant Secretary print name ITS: rs:·cle one) Secretary/Ch ief Financial Officerf sst. Sccretary f Treasurer 22-11317/2 82452 2 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor City Clerk REVIEWED AND APPROVED : City Manager APPROVED AS TO FORM: City Attorney J ~ COUNTERPART 334 ACORD. CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 6/1/2023 5/16/2022 _______., ( THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certiflcate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER Lockton Companies CONTACT NAME: 444 W. 47th Street, Suite 900 rlt~NJ=~ c.n. I rM "'o': Kansas City MO 64 I 12-1906 E-MAIL (816) 960-9000 ADDRESS: INSURER(Sl AFFORDING COVERAGE NAIC# kctsu@lockton.com INSURER A: Llovd.<: of London INSURED HDR ENGINEERfNG, fNC. INSURERS: 1429583 1917 SOUTH 67TH STREET INSURER C: OMAHA NE 68106 INSURER D: INSURERE; INSURER F: COVERAGES * CERTIFICATE NUMBER· 15288761 REVISION NUMBER· xxxxxxx THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF IN SURAN CE ADllL SUBR ,,ra,~i}'.,,Wv, POLICY EXP LIMITS LTR ,u~~ !un,~ POLICY NUMBER IMM/ODNYYYl COMMERCIAL GENERAL LIABILITY NOT APPLICABLE EACH OCCURRENCE s xxxxxxx I-D CLAIMS-MADE □ OCCUR """''"'"' 11(1 H°l:NltU ,_ PREMISES Ea occurrence' $ xxxxxxx I-MED EXP (Any one personl $ xxxxxxx ,_ PERSONAL & ADV INJURY s xxxxxxx GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE s xxxxxxx R □PRO• □ PRODUCTS· COMP/OP AGG $ xxxxxxx POLICY JECT LOC OTHER: $ AUTOMOBILE LIABILITY NOT APPLICABLE fe~~J:~~~tf INGLE LIMIT s xxxxxxx ,__ ANY AUTO DOOILY INJURY (Per person) $ xxxxxxx I-OWNED -SCHEDULED BODILY INJURY (Par accident) s xxxxxxx ,_ AUTOS ONLY I-AUTOS HIRED NON-OWNED PROPERTY DM1AGE $ xxxxxxx I-AUTOS ONLY I-AUTOS ONLY /Po, acc'"••tl $ xxxxxxx UMBRELLA LIAB HOCCUR NOT APPLICABLE EACH OCCURRENCE s xxxxxxx I- EXCESS LIAB CLAIMS-MADE AGGREGATE s xxxxxxx OED I I RETENTION$ s xxxxxxx WORKERS COMPENSATION NOT APPLICABLE I ~f~TUTE I I OTH· ANO EMPLOYERS' LIABILITY ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE □ NIA E.L EACH ACCIDENT s xxxxxxx OFFICER/MEMBER EXCLUOEO? (Mandalory In NH) E.L. DISEASE· EA EMPLOYEE $ xxxxxxx grs9~~J~ ~n~PERATIONS below E.L. DISEASE -POLICY LIMIT $ xxxxxxx A ARCH&ENG N N POOl412200 6/1/2022 6/1/2023 PER CLAIM: $1,000,000 PROFESSIONAL AGGREGATE: $1,000,000 LIABILITY DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES (ACORD 101, Addlllonal Remarks Schedule, may be attached II more s'.B;~i'l:a'IJ~t)dAS TO FORM ON-CALL WATER ENGlNEERING & PROFESSIONAL CONSUI..:flNG SERVICES ~·. CERTIFICATE HOLDER 15288761 City of Huntington Beach Attention: Duncan Lee 2000 Main Street Huntington Beach CA 92648 ACORD 25 (2016/03) By: -- M AELE. GA CITY ATTORNEY CITY OF HUNTINGTON BEACH CANCELLATION See Attachment SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION .DATE THEREOF, NOTICE WlLL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPR!!llENTA The ACORD name and logo are registered marks of ACORD F.t3K Mgt,,JIJN2<Y22PM :3:03 335 June 20, 2022 HOR Engineering, Inc. Attn: Aaron Meilleur City of Huntington Beach 2000 Main Street , Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk Robin Estanislau, City Clerk 3230 El Camino Real, Suite 200 Irvine, CA 92602-1377 Dear Mr. Meilleur: Enclosed is a fully executed copy of Amendment No. 2 to Professional Services Contract between the City of Huntington Beach and HOR Engineering, Inc. for On Call Water and Engineering Services approved by City Council on June 7, 2022. Sincerely, Robin Estanislau, CMC City Clerk RE:ds Enclosure Sister Cities: Anja, Japan • Waitakere, New Zealand 336 AMENDMENT NO. 1 TO PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND HDR ENGINEERING, INC. FOR ON CALL WATER AND ENGINEERING SERVICES THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter refen-ed to as "CITY," and HDR Engineering, Inc. a Nebraska Corporation, hereinafter referred to as "CONSULTANT." WHEREAS, CITY and CONSULTANT are paiiies to that ce1iain agreement, dated May 21, 2018 entitled "Professional Services Contract Between the City of Huntington Beach and HDR Engineering, Inc., for On-Call Water and Engineering Services" which agreement shall hereinafter be refen-ed to as the "Original Agreement," and CITY and CONSUL TANT wish to amend the Original Agreement to extend the term of the agreement: NOW, THEREFORE, it is agreed by CITY and CONSULT ANT as follows: 1. EXTENSION OF TERM Agreement is hereby extended for one (1) year and will expire on May 18, 2022. 2. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. 2 l-9453/247665 263 337 IN WITNESS WHEREOF, the patties hereto have caused this agreement to be executed by their authorized officers on ___ A_p_r_i_l_2_2_nd _______ , 2021. CONSULTANT, HDR Engineering, Inc. I prmtname ITS: (circle one) Chairman/Presiden~ Preside;) /13rint-n~e ITS: (circle on~c~hiefFinancial Officer/Asst. Secretary -Treasurer 21-9453/247665 2 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California APPROVED AS TO FORM: dJ,_;__Vb • ~City Attm<tey oJ/' Date -------------- RECEIVE AND FILE: \ City Clerk ~ Date __ '-1.___,_'/_~_2.,___/ Z_Q_IZ_._/ ___ _ 264 338 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND HDR ENGINEERING, INC. FOR ON CALL WATER AND ENGINEERING SERVICES THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and HDR ENGINEERING, INC., a Nebraska corporation hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide on call water and engineering services; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3 .03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be refeITed to as the "PROJECT." CONSULT ANT hereby designates Aaron Meilleur who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. agree/ surfnet/professional svcs mayor 10/12 I of 11 265 339 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on ____ Ma~y~2_1_s_t_,__, __ , 20ML_ (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than three (3) years from the Commencement Date. The time for perfo1mance of the tasks identified in Exhibit II A" are generally to be shown in Exhibit "A. 11 This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULT ANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULT ANT on a time and materials basis at the rates specified in Exhibit 11 B, 11 which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed One Million Dollars ($1,000,000). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit II A, 11 CONSUL TANT will undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSUL TANT shall be paid pursuant to the terms of Exhibit 11 B." agree/ surfuct/professional svcs mayor 10/12 2 of 11 266 340 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS CONSULT ANT hereby agrees to protect, defend, indemnify and hold hannless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent ( or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULT ANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSUL TANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars agree/ surfnet/professional svcs mayor 10/12 3 of 11 267 341 ($1,000,000.00) per occurrence and in the aggregate. The above-mentioned insurance shall not contain a self-insured retention without the express written consent of CITY; however an insurance policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is pe1mitted. A claims-made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULT ANT will make every effo1t to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULT ANT agrees to purchase an extended rep01ting provision of at least two (2) years to rep01t claims arising from work performed in connection with this Agreement. If CONSULT ANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULT ANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: agree/ surfuet/professional sves mayor 10/12 4 of 11 268 342 A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULT ANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSUL TANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULT ANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULT ANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSUL TANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall agree/ surfnet/professional svcs mayor 10/12 5 of 11 269 343 be made in writing, notice of which shall be delivered to CONSULT ANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its prope1ty and shall be promptly delivered to it by CONSULT ANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSUL TANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. CITY EMPLOYEES AND OFFICIALS CONSULT ANT shall employ no CITY official nor any regular CITY employee in the work perfonned pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULT ANT's agent ( as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSUL TANT may designate different addresses to which subsequent notices, certificates or agree/ surfuet/professional svcs mayor 10/12 6 of 11 270 344 other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail-return receipt requested: TO CITY: City of Huntington Beach ATTN: Duncan Lee 2000 Main Street Huntington Beach, CA 92648 17. CONSENT TO CONSULTANT: HDR Engineering, Inc. Attn: Aaron Meilleur 3230 El Camino Real, Suite 200 Irvine, CA 92602-13 77 (213) 239-5840 When CITY's consent/approval 1s required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occmTence of the same or any other transaction or event. 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining agree/ surfnet/professional svcs mayor 10/12 7 of 11 271 345 covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the patties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSUL TANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSUL TANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for agree/ surfnet/professional sves mayor 10/12 8 of 11 272 346 CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 24. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 25. SURVIVAL Te1ms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this agree/ surfnet/professional svcs mayor 10/12 9 of 11 273 347 Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Council. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. agree/ surfnet/professional svcs mayor 10/12 10 of 11 274 348 CONSULTANT, HDR Engineering, Inc. COMPANY NAME A Nebraska Corporation Aaron M. Meilleur print name ITS: (circle one) Chainnan/Prcsie Prcsid_;;:) By: print name ITS: circle one) Secretary/ChicfFinancial Officer~ Secretary -reasurer CITY OF HUNTINGTON BEACH, a municipal corporation of the te of California Mayor £#k1v {IA City Clerk IN1TIA TED AND APPROVED: ~tor of Public'6' agree/ sur fuel/professional svcs mayor 10/12 I I of 11 275 349 EXHIBIT II A" A. STATEMENT OF WORK: (Narrative of work to be performed) CONSULTANT shall provide consulting services on an 'as-needed' basis for projects to be determined during the term of the agreement. During the term of the agreement, CITY may elect to solicit proposals from CONSULTANT. CITY shall issue task order for each project based upon the scope of services, work schedule, and fee proposal submitted to CITY for its review and approval. B. CONSULT ANT'S DUTIES AND RESPONSIBILITIES: CONSULT ANT'S duties and responsibilities shall be per CONSULT ANT'S Statement of Qualification (Exhibit A), consistent with the City of Huntington Beach Request for Qualifications for On Call Water and Engineering Consulting Services. Upon award, and the contract period, if CONSULTANT chooses to assign different personnel to the project, CONSULTANT must submit the names and qualifications of these staff to CITY for approval before commencing work. C. CITY'S DUTIES AND RESPONSIBILITIES: 1. Furnish scope of work request for each project. 2. Furnish construction plans and specifications to the CONSULT ANT. D. WORK PROGRAM/PROJECT SCHEDULE: A project schedule will be developed for each project assigned by CITY. EXHIBIT A 276 350 Ite1n 15. -14 7 Statement of Qualifications On-Call Water Engineering & Professional Consulting Services Service Category A: VVater Engineering Public Works Department January 11 2018 351 Cover Letter 1-1B -361-Item 15. -148 278 352 hdrinc.com Ite1n 15. -149 January 11, 2018 City Clerk's Office, 2nd Floor City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 RE: On-Call V\/ater Engineering & Professional Consulting Services, Service Category A. Water Engineering Dear Selection Committee, HDR Engineering, Inc. (HDR) understands that the City of Huntington Beach (City) is a very complete and complex organization that provides a full spectrum of water services to a service area of over 200,000. HDR is excited to submit our qualifications for On- Call Water Engineering & Professional Consulting Services (Service Category A). We are currently working with your staff on several pipeline corrosion assessment projects bringing a history working with your staff. We are prepared to assist you in all aspects and areas of your organization and to work collaboratively with you and your staff to deliver efficient and implementable designs. Selecting HDR will provide the City with the following benefits: • Local team with similar experience -Steve Friedman, PE, our proposed Project Manager, has successfully managed similar on-calls in Southern California for 24 years including on-calls with the Metropolitan Water District of Southern California and Eastern Municipal Water District. He will lead a team of local experts who bring a wide variety of similar project experience. Our local task leads Amy Omae, PE, LEED AP, Brien Clark, PE and Dan Ellison, PE have served in similar roles and will leverage their lessons learned for successful project delivery. • Proven approach to corrosion engineering -HDR has been and continues to be a leader in the field of tank inspections, cathodic protection evaluations, and condition assessments. HDR focuses on corrosion engineering, corrosivity studies, and coating- related services to assist architects/engineers and owners in designing, constructing, and operating structures with low maintenance costs and long trouble-free lives. • A best-value approach to all task orders -As you may be aware from our previous work, we put the City's best interests first; either through our competitive rates, project approach, or collaborative approach with City staff. To help ensure a high quality, best value product, all of our work goes through an established and proven internal quality control process. This approach keeps project designs on track resulting in project savings. 3230 El Camino Real, Suite 200, Irvine. CA 92602-1377 T 714.730 2300 F 714.730.2301 HB -362-279 353 City of Huntington Beach, Public Works Department I On-Call Water Engineering & Professional Consulting Services I Cover Letter I-)~ Service Category A. Water Engineering We look forward to continuing our working relationship with the City. Please contact our project manager, Steve Friedman at (949) 533-6239, should you have any questions regarding our SOQ. Sincerely, H~ .,//" Aaron Meilleur, PE Vice President HB -363- &.~E Project Manager Iterlf °15 . -15 0 354 Vendor Application Form HB -364- 281 355 TYPE OF APPLICANT: REQUEST FOR PROPOSAL VENDOR APPLICATION FORM □NEW ~ CURRENT VENDOR Legal Contractual Name of Corporation: HOR Engineering, Inc. Contact Person for Agreement: Aaron Meilleur -------------------- Corporate Mailing Address: 3230 El Camino Real, Suite 200 City, State and Zip Code: Irvine, CA 92602-1377 E-Mail Address: aaron.meilleur@hdrinc.com Ph 213.239.5840 one: _________ _ Fax: 714. 730.2301 Contact Person for Proposals: _S_t_ev_e_F_r_ie_d_m_a_n ______________ _ Title: Project Manager E-Mail Address: steve.friedman@hdrinc.com Business Telephone: 714 •368 •5634 Business Fax: 714.730.2301 ls your business: (check one) 0 NON PROFIT CORPORATION ~ FOR PROFIT CORPORATION Is your business: (check one) ~ CORPORATION 0 INDIVIDUAL 0 PARTNERSHJP 0 LIMITED LIABILITY PARTNERSHIP 0 SOLE PROPRIETORSHIP 0 UNINCORPORATED ASSOCIATION 1 of2 ~""""""""""""""555!E5=-""""""""""""""======""""""'=====~555!E5==== HB -3 65-======-""""""'=""""""=-~-lte1iP215. -15 2 356 Names & Titles of Corporate Board Members (Also list Names & Titles of persons with written authorization/resolution to sign contracts) Names Kip Field Title So. Cal Area Manager Phone 714. 730.2400 Aaron Meilleur So. Cal Water Business Grp. Mgr. 213.239.5840 47-0680568 Federal Tax Identification Number: City of Huntington Beach Business License Number: A295855 (If none, you must obtain a Huntington Beach Business License upon award of contract.) City of Huntington Beach Business License Expiration Date: 04/30/2018 2 of2 Ite1n 15. -153 ====--~====================~"""' HB -366-"""""'---~-=====---~=~28553 ======"="- 357 Pre- Qualification Form HB -367-Iten1 15. -154 284 358 EXHIBIT A: PRE-QUALIFICATION FORM ON-CALL WATER ENGINEERING & PROFESSIONAL CONSUL TING SERVICES SiFJRVitOE C;,\;TtEGQRY i Plt'.©R@SING'l YIN ; ; I ' (¢~1~) A. Water Engineering (v~No ~tial) Consultant is willing to execute the Agreement as drafted (See Appendix B}. ~nitial) Consultant is able to provide the insurance as required (See Appendix C). Firm Name: HOR Engineering, Inc Firm Address: 3230 El Camino Real, Suite 200, Irvine, CA 92602-1377 Signature: ~ 9ate: 01/09/2018 Ite1n 15. -155 HB -368-285 359 HB -369- Service Category A. Water Engineering Item 15. -15 6 286 360 City of Huntington Beach, Public Works Department I On-Call Water Engineering & Professional Consulting Services I Service Category Water Engineering At-a-Glance • HDR Engineering, Inc. (HDR) is an employee-owned corporation. • Founded in 1917 in Omaha, Nebraska • California Secretary of State Registration: 06/18/1985 (#'1279161) Location of Company Office: , i ( i1 I 1: '', ' 'I & ' Employees Offices i L • Locally: 831 employees in California • Nationally: 9,894 employees • Southern California: 413 employees Total Number of Employees in CA 831 employees Firm Qualifications HDR specializes in meeting the varied water infrastructure needs of our clients worldwide. Since our inception in 1917, our teams have emphasized technical innovation, cost-effectiveness and attentive client service ' for 100 years. We provide full service, multi-disciplinary services for a wide range of water infrastructure projects including treatment plants, distribution systems, conveyance storage facilities, and large equipment such as pumps, turbines, and control systems. We have worked with some of the nation's largest water agencies delivering complex engineering and business solutions. As a Regional Business Enterprise providing engineering and architectural consulting in Southern California since 1960, HDR's services encompass planning, design, and construction management for water agencies throughout the City's service area. Over the years, HOR has expanded to seven Southern California offices: Riverside, Claremont, San Diego, Irvine, Los Angeles, Long Beach, and Ventura. HDR's Irvine office is located within 17 miles of the City's office. HDR's Water Group provides advanced expertise in the full cycle of water management, from water supply to treatment, and all HB -370- manners of conveyance and storage. KEY PERSONNEL/ STAFFING The key to efficient project delivery is assigning qualified professional staff who can deliver results. We have established good working relationships with many municipalities and will bring those resources to the City to support tasks under this contract. As specific tasks are defined, we will find the right technical staff, either from within our team, or by engaging the appropriate specialized staff. The City requires a highly qualified, locally based, capable team of experts that can help the District define I plan, design, and implement your CIP projects. HOR is proposing an experienced team of fully committed staff and subconsultants that will work in partnership with the City staff. Our history of partnering with other agencies, such as Metropolitan Water District and the City of Los Angeles Bureau of Sanitation and Bureau of Engineering demonstrates commitment to provide the right talent at the right time to deliver your projects. HDR's team exceeds the RFP requirements and is organized around major deliverables and areas of 287 03 361 City of Huntington Beach, Public Works Department I On-Call Water Engineering & Professional Consulting Services I Service Category I-)~ Water Engineering expertise. Our team has the resources, tools, experience, and commitment to be an effective partner for the City in implementing its CIP projects effectively. The organization of our team, a table of qualifications of our key staff, and resumes for key team members are provided. Resumes for additional technical support staff are available upon request. James Wang, PE Steve Friedman, PE, PMP, BCEE I Amy Omae, PE, LEED AP Brien Clark, PE Dan Ellison, PE John Koreny, PE, PHG, PEG Graham Bell, PhD, PE, FNACE Lee Frederiksen, PE Steve Friedman, PE, PMP, BCEE Dan Ellison, PE Steve Friedman, PE, PMP, BCEE Dave Spencer, PE Dan Ellison, PE Eric Scherch, PE Brien Clark, PE Erika Perez, EIT Andrew Cherene, PG, CHG Steve Friedman, PE, PMP, BCEE Daniel Celaya Janelle Moyer, PE, CFM, ENV SP James Wang, PE Martin Ramirez, RA Ray Genato, PE Adam Nichols, PE Len Bystrum, PE Jon Rohrer, PE HB -371- Tom Hamlin, PE Len Beystrum, PE Jon Rohrer, PE Ingrid Eich Jennifer Cole Resume included in appendix Iterifl 8l 5 . -15 8 362 Ct f H ntington Beach, Public Works Department I On-Call Water Engineering & Professional Consulting Services I Service C~teg~ry ' Y O u Water Engmeenng Aaron Meilleur, PE Years of Experience: 22 Steve Friedman, PE, PMP, BCEE Years of Experience: 24 Amy Omae, PE, LEED AP Years of Experience: 13 Ite1n 15. -15 9 • Professional Engineer -Civil C62473 California • Professional Engineer -38518 Washington • Professional Engineer -15215 Hawaii • Bachelor of Science Civil Engineering United States Military Academy, West Point Naval Academy • Professional Engineer -Civil 055566 California • Project Management Professional 293170 California • Master of Science Civil Engineering University of California, Berkeley • Bachelor of Science Civil Engineering University of California, Berkeley • Professional Engineer -Civil 76824 California • LEED Accredited Professional 10328834 • Principal-in-Charge • Project Manager/ Point of Contact, Task Order Manager, Water Pipeline Lead, Pump/ Booster Stations Lead • Master of Science • Task Order Manager Environmental Engineering University of Miami • Bachelor of Science Chemistry University of Miami HB -372- • Pure Water Program's North City Conveyance System (NCCS) Civil Engineering Services, San Diego, CA • Michelson Water Reclamation Plant Biosolids and Energy Recovery Facilities Construction Management Support, Irvine, CA • Valley Sanitary District Requa Interceptor Design, Indio, CA • Metropolitan Water District -Water Treatment and Pipeline On-Call Services • City of Corona Mangular Blending Facility • P-1045: New Potable Water Conveyance On-Board Marine Corps Base • Southeast Recycled Water Pipeline - Central Basin Municipal Water District • Mesa Water District -Pipeline Integrity Program • Irvine Ranch Water District -Water Reliability Study • P-1046: New Potable Water Conveyance On-Board Marine Corps Base 289 OS 363 City of Huntington Beach, Public Works Department I On-Call Water Engineering & Professional Consulting Services I Service Category J-)~ Water Engineering Brien Clark, PE Years of Experience: 17 Dan Ellison, PE Years of Experience: 36 Dave Spencer, PE Years of Experience: 16 Andrew Cherene, PG, CHG Years of Experience: 14 • Professional Engineer - Chemical CH 6291 California • NACE Cathodic Protection Specialist 17978 • Bachelor of Science Chemical Engineering California Polytechnic State University, Pomona • Professional Engineer -Civil C38094 California • Structural Engineer S3020 California • Bachelor of Science Civil Engineering University of Utah • Master of Business Admin Finance Univer of Southern California • Professional Engineer C66885 California • Bachelor of Science Civil Engineering California Polytechnic State University, San Luis Obispo • Registered Professional Geologist 8580 California • Hydro-Geologist 974 California • Master of Science Earth Sciences University of California, San Diego • Bachelor of Science Earth Sciences University of California, San Diego • Task Order Manager, Corrosion Control/ Cathodic Protection Lead • Task Order Manager • Condition Assessment & Rehab • Wells HB -373- • City of Huntington Beach -30- inch Yorktown Transmission Main Rehabilitation • Eastern Municipal Water District -Winchester Recycled Water Transmission Pipeline Corrosion Assessment • Western Municipal Water District - Nondestructive Condition Assessment alternatives for the Mills Gravity Pipeline • California Water Service Company -Rancho Dominguez Groundwater Optimization Study • As-Needed Wastewater Condition Assessment of Wastewater Facilities, City of San Diego • WRF 4471 Leveraging Data from Non- Destructive Examinations to Help Select Ferrous Water Mains for Renewal • WRF 4471 Leveraging Data from Non- Destructive Examinations to Help Select Ferrous Water Mains for Renewal • City of San Diego Metropolitan Wastewater Department (MWWD) Emergency Engineer • County of San Diego Inflow and Infiltration Study San Diego County CA • Antelope Valley Water Bank -Willow Springs Aquifer Storage and Recharge • City of Santa Monica, Olympic Well Field • Port of Long Beach -Pier B Pump Station Upgrade/North Harbor District Storm Drain Improvement I te11fl 015. -160 364 City of Huntington Beach, Public Works Department I On-Call Water Engineering & Professional Consulting Services I Service Category I-)~ Water Engineering James Wang, PE Years of Experience: 21 Erika Perez, EIT Years of Experience: 8 Item 15. -161 • Professional Engineer -Civil 81123, California • Master of Science, Environmental Engineering, University of Windsor, Ontario, Canada • Bachelor of Civil Engineering, Civil & Environmental Engineer • Engineer in Training, California • Bachelor of Science Chemical Engineering California State Polytechnic University, Pomona • Pump/Booster Stations • Reservoirs/Tanks • Pipelines • Corrosion Control/ Cathodic Protection '' ; -: . \ . . . . : -"' ~ :; --.. -~ HB -374- • Goleta Wastewater Treatment Plant Upgrade, Goleta Sanitary District, CA • Edward C. Little Water Recycling Facility Expansion Design-Build Services, West Basin Municipal Water District • Project P-1046, Waste Water Conveyance Marine Corps Base, Camp Pendleton, CA • City of Huntington Beach -Pipeline Annual Corrosion Survey • Western Municipal Water District - Nondestructive Condition Assessment alternatives for the Mills Gravity Pipeline • Eastern Municipal Water District -Winchester Recycled Water Transmission Pipeline Corrosion Assessment I The following references and associated project descriptions demonstrate innovative solutions that may be applied to your projects' challenges. These projects represent successful partnerships with our clients-reaching performance goals and delivering within the required schedule. For each reference project, we have included a project description detailing the services provided, as well as an organization contact name, phone number, and e-mail address. 291 07 365 City of Huntington Beach, Public Works Department I On-Call Water Engineering & Professional Consulting Services I Service Category I-)~ Water Engineering City of Huntington Beach, Huntington Beach, CA HOR has provided condition assessment and corrosion engineering services for the City of Huntington Beach's five (5) pipeline systems. The five (5) systems, include eleven (11) pipelines, 138 • test stations, 34 insulating joint (IJ) test stations, 35 cathodic protection sacrificial anode beds, and 3 rectifiers. In addition to the facilities tested in 2012, HOR included new facilities that were subsequently added including the Huntington Beach Utility Yard, the 12-inch Harbor Crossing, and the 30-inch Yorktown Pipeline cathodic protection systems. In 2017, the City added five additional pipelines to the annual survey, which included the 6-inch and 12-inch Algonquin Sewer List Stations, two (2) 8-inch Welded Steel Pipelines at Huntington Harbor Channel, and the Warner Avenue GCP. Scope of services included records review; pipeline condition assessment survey of all corrosion monitoring test stations, CP rectifiers, performing instant Off survey of all impressed current systems, minor repairs at rectifiers and corrosion monitoring test stations, monitoring Slip Lined 30- inch DIP within the 42-steel pipeline (special CP probes), coordinating with City on locating missing CP test stations, and performing minor Mangular Ble11ding Facility (20'!2) City of Corona, California Dept. of Water & Power, Corona, CA The City of Corona (City) selected HOR to design the new Mangular Blending Facility which includes a dual zone Booster Pumping Station (BPS) with a total firm capacity of 5000 gpm using five pumps (two 100 HP and three 150 HP). Additional components include provisions for emergency power; chemical facilities to inject sodium hypochlorite and ammonia to produce monochloramines for disinfection; and improvements to the existing facility blend well water with treated water. Energy saving components are also incorporated such as a micro-turbine at the blending location and solar panels on the neighboring dual reservoir roofs. HB -375- City of Huntington Beach Mr. And1·ew Ferrigno 714.536.5511 aferrigno ji1su rfcity-hb.com -. ) f j I',-~--\' [ ,: l'I l ;1Jl1.-.'( ·il -~ Brien Clark (Prnject Manager/ Project Engineer); Erika Perez (EIT) maintenance and cleaning of all CP test stations; provide a written report with findings and recommendations for future corrosion control. City of Cornna, Dept. of Water & Power Mr. \lemon Weisman PE 951.739.4912 vemon.weismancaci.corona.ca.us Steve Friedman (PM); James \/\Jang (PE) Iterlr 2l 5. -162 366 City of Huntington Beach, Public Works Department I On-Call Water Engineering & Professional Consulting Services I Service Category I-)~ Water Engineering P-1045 Nev, Potable Water Conveyance (2012-2015) Navy Facilities Engineering Command (NAVFAC) Southwest, Comp Pendleton, CA HDR served as Designer-of- Record for Project P-1045, which included installation of new water conveyance, pumping, and storage facilities at Marine Corps Base Camp Pendleton (MCBCP). The new facilities provide enhanced infrastructure throughout the MCBCP. HDR provided preliminary and final design, along with engineering services during construction. The project was completed as design-build with Filanc as the P1045 contractor. The project included: • 136,000 feet of 14 and 24-inch HDPE potable water pipe • Five separate Horizontal Directional Drill locations under environmental and cultural boundaries and beneath Caltrans and Railroad rights-of-way with a total distance of about 10,000 feet. • Two potable water pumping stations with capacities of 670,000 gallons per day and 2 million gallons per day • 2 MG potable water storage tank HDR's pipeline design work included alignment design, pipeline sizing calculations, scour analysis, hydraulic analyses, valve location determinations, trench (Both Prnjects: P-1045 and P1046) t\J/WFAC Southwest lv'I1·. Steve Rosenstein 619.532.1500 Steve.Rosentein'.g'navy.rnil Steve Friedman (PM for both projects); Amy Omae (Task Lead); Ray Genato (Electl'ical/l&C); James \Nang (Pump Stations and Pipelines) design, alignment design, multiple horizontal directional drilling designs, and permit application support. P-1046A North Area Wastewater Conveyance (2014-2016) Navy Facilities Engineering Command (NAVFAC) Southwest, Camp Pendleton, CA HDR also served as Designer-• 7,000 feet of gravity sewer Similar to the P-1045 project, of-Record for Project P-1046A, manhole and pipe capacity HDR's pipeline design which included installation of increase from 8-inch to work for P-1046A included new wastewater conveyance 10-inch; approximately alignment design, pipeline and pumping facilities at 2,500 feet was upsized by sizing calculations, hydraulic MCBCP. HDR provided pipe bursting. analyses, valve location preliminary and final design, • Four new lift stations and determinations, trench design, along with engineering one lift station upgrade with alignment design, and permit services during construction. capacities ranging from application support. The P-1046A project was 500,000 gallons per day up completed as design-build to nearly 2 mgd with Reyes. • Emergency overflow storage for four lift stations The project included: • Demolition of existing lift ■ 28,500 feet of 6-inch stations and a 1.5 mgd through 20-inch HDPE wastewater treatment plant. wastewater forcemain Ite1n 15. -163 HB -376- 293 09 367 City of Huntington Beach, Public Works Department I On-Call Water Engineering & Professional Consulting Services I Service Category Water Engineering VvRF 4471: Leveragi Help Select Ferrous frorn Non"' estructive nations to Mains few Renevval (2014 .. 2016) Various Agencies including Los Angeles DWP, United States Under a tailored collaboration effort, HDR recently completed WRF Project 4471 with project sponsors Los Angeles Department of Water and Power (LADWP), Seattle Public Utilities, Fairfax Water, Denver Water, and DC Water. The goal of the project is to leverage current NDE (Non-destructive Examination) technology to help determine when select ferrous water mains should be renewed. Traditionally, water utilities relied on pipeline leak and break data to determine when pipeline renewal was needed. In recent years, several devices have been introduced that can find structural defects or pinpoint leaks. However, the cost of using these tools can be relatively expensive and the results can be varied. The project included the testing of five different inspection technologies side-by-side on cast iron main in Los Angeles. Technologies included: • Push-in video/audio probe (Wachs Water Service) • In-pipe remote field electromagnetic scanning • Acoustic velocity pipe wall analysis (Echologics) • External scanning with broadband electromagnetic tool (Rock Solid) • Internal scanning with broadband electromagnetic tool (Rock Solid) Following data collection of the technologies, portions of the mains were exhumed, visually inspected, photographed and cataloged as to its actual condition, including taking corrosion pit and wall thickness measurements, and compared to the NDE technology inspection results. Initial results showed that 75% of the main had no appreciable corrosion. Only a portion of unlined pipe dating to 1933 needed to be replaced. HB -377- ! I Water Research Foundation (WRF) Mr. Frank Blaha, Sr. Account Manager 303.347.6244 Dave Spencer (Technical Lead); Dan Ellison (Pl\/1); Brien Clark (Co1·rosion/Cathodic Protection), Eric Scherch (Analyst) Beginning in May 2015, HDR applied the technologies on mains within the five sponsoring utilities (LA, Seattle, Denver, Fairfax, and DC). In the final phase of the project, the benefits of the testing were assessed by comparing the projected life expectancies of mains, both with and without the field test data. The differences in confidence provided by the various models were also assessed. Itertr41 5. -164 368 City of Huntington Beach, Public Works Department I On-Call Water Engineering & Professional Consulting Services I Service Category I-)~ Water Engineering Irvine Ranch Water District (IRWD), Irvine, CA Irvine Ranch Water District (IRWD) takes a diligent approach to developing a reliable and resilient water supply system to serve its growing community. Assuming that planned capital improvement projects are constructed, IRWD has secured a surplus of water that provides sufficient supply under normal operating conditions through build-out. Through the Water Reliability Study, IRWD sought to identify and evaluate a variety of drought and emergency scenarios that could threaten the IRWD's ability to deliver water to its customers and put into place a prioritized portfolio of sound and cost-effective responses. The Water Reliability Study focuses on I RWD's ability to maintain a minimum level of service under various emergency scenarios based on a rigorous and transparent risk Item 15. -165 analysis. With recent findings in climate change research and the projected reliability of imported water sources the district needed to reassess its definition of risk and level of service expectations to develop improved and robust mitigation strategies. With the potential for emergency conditions to be more severe than historic data could predict an updated model was required. HOR provided modeling and evaluation of local and imported water supply reliability under a variety of emergency scenarios. The comprehensive resource and supply distribution model simulates and optimizes deliveries and storage of potable water taking into account hydraulic constraints associated with the delivery system. Using an indexed sequential Monte Carlo simulation and 83 years of historical hydrology the model HB -378- IR\ND Mr. Paul Cook, General /\/tanager 949.453.5300 cook.g:irwd.com Psny Omae (Prnject Engineer), John l<oreny (QAQC) projects demands supply and storage needs based on an assumed pattern of future climate. Recent climate change research and projected reliability of imported water resources were incorporated into the analysis. Level of service expectations were established and mitigation strategies developed. This analysis provides justification for future operational and capital water reliability improvements and investments from both a local and regional perspective. 295 11 369 City of Huntington Beach, Public Works Department I On-Call Water Engineering & Professional Consulting Services I Service Category I-)~ Water Engineering Mesa Water District (Mesa) Pipeline Integrity (2017 .. 2022) Mesa Water District, Costa Mesa, CA EDS -Remaining Wall 2 3 Inner Mesa Water District (Mesa Water) owns 317 miles of water-main pipelines. As the system continues to age and deteriorate, investments will be required to sustain desired levels of service. In 2013, Mesa Water completed a Master Plan which used an age- based analysis that estimated approximately $300 million of pipeline replacement would be needed over the next 30 years. Historically, Mesa Water has not needed to replace considerable quantities of pipeline. Therefore, such an investment level would result in a significant increase in water rates. Mesa Water pipelines have performed well with break rates similar to other water systems in Southern California and approximately four times better than the national Healthy S 6 Wall Location i'\, I ; I l L.J cJrrosibn .. L..... J Outer average. Therefore, even though some pipes have been operating for over 90 years, it is believed that substantial portions of the system may still have significant remaining useful life. In 2014, Mesa Water began collecting and testing water mains using both destructive and non-destructive technologies. In 2017, Mesa Water hired HOR to: • Estimate the remaining useful life of Mesa Water's pipelines based on measured pipeline properties, rather than using an age-based approach, • Identify specific pipes that require replacement, and • Continuously refine the testing program to provide the most value to the ratepayers. HB -379- I 11, r Mesa Water District, Ms. Karyn lgar, PE 949.207.5452 l(arynl:f!.~:mesawater.org Dave Spencer (Condition Assessrnent), Amy Omae (PM) Dan Ellison (PE), Eric Scherch (PE), Brien Clark (Cathodic Protection) Based on the results of this analysis, it was determined that most of the system has significant remaining useful life saving approximately $230 million in capital investments. A condition based decision making process was developed to identify pipeline that warranted near term renewal or more detailed condition assessment. Mesa Water's pipeline testing program was also refined to focus on more cost effective opportunity condition assessment techniques which will save Mesa Water approximately $100,000 per year in pipeline testing. Over the next four years, HOR will continue to work with Mesa Water to refine the Pipeline Integrity Program to focus limited resources on the right pipe, at the right time, using the right technology. Iterrr 6l 5. -166 370 City of Huntington Beach, Public Works Department I On-Call Water Engineering & Professional Consulting Services I Service Category f-)~ Water Engineering The City of Huntington Beach (City) serves over 200,000 residents with safe and reliable drinking water. The City's potable water infrastructure consists of groundwater wells, storage reservoirs, pump stations, pressure regulating facilities, and about 500 miles of pipeline. New groundwater wells are being constructed to increase the City's available drinking water supply. Existing storage and pressure regulating facilities as well as the pipeline distribution system must be maintained, upgraded, and if necessary, replaced. The majority of the City's pipe distribution system is asbestos cement (AC) material that is over 50 years old, portions of which are buried in corrosive soils below sea level and in contact with saltwater. The condition of the City's aging pipelines should be assessed to determine whether it needs to be rehabilitated or replaced. For the past 6 years, HDR's worked Item 15. -167 closely with City staff to conduct corrosion assessment surveys on the City's existing cathodic protection system and recommend corrosion protection work to maintain distribution system integrity. In these surveyed areas, we are familiar with your existing system, pipe condition, and potential work needed to begin right away. HDR has a proven track record of providing custom and collaborative solutions to complex projects. We will work closely with City staff to ensure the correct and efficient action is implemented. The City will furnish a task order or scope of work request for each project, and HDR is prepared to start immediately upon your Notice to Proceed. We have assigned one of HD R's most capable Project Managers, Steve Friedman, PE, to lead this effort. He has worked on past as-needed engineering contracts and has extensive experience on a variety of HB -380- drinking water projects as HDR's Southern California Water Market Sector Leader. Steve is based locally in the HDR Irvine office, which is only 17 miles from the City's office. As the Project Manager, he will oversee a team of task leaders to effectively manage the as-needed engineering services required by the City. Steve has managed large design teams from planning, design, and construction. He is an experienced Project Manager and devoted to providing a quality product by implementing necessary quality assurance procedures for successful delivery. Based on our experience with other as-needed contracts I we understand that projects can vary widely in size, complexity, and scope. Our approach, effort, and fee will reflect the need for flexibility. Close coordination and communication with the City and the project team is required for successful delivery Steve Friedman has personally always done the utmost to provide excellent client service. His organized, straightforward approach and responsiveness to requests have been a cornerstone to his performance. His assistance with our public outreach program really made a difference in advancing a high profile project. I personally look forward to working with Steve on other projects in the near future." • Erik Jorgensen, PE Eastern Municipal Water Dist,·ict Senior Civil Engineer 297 13 371 City of Huntington Beach, Public Works Department I On-Call Water Engineering & Professional Consulting Services I Service Category I-)~ Water Engineering Review and Learn l!!ssons learned • Client Report Card Team Meetings Document and Distribute Best Pradicess Work plan for task orders. of any task order, particularly multi-disciplinary projects. We belleve it is important to have those who will ultimately own and operate the facilities to be involved in the project during its development. Our methodology to address and execute each task order will follow the work plan shown above. We have extensive experience with performing multiple, simultaneous task orders for on-call contracts. Upon receipt of each task order, our Project Manager, Steve Friedman, will meet with the City's key stakeholders to understand the needs, drivers, schedules, and issues related to the task order to clearly define the project objectives. For small projects, this may accomplished with a phone call or a few email exchanges. For more complex tasks, in-person meetings are generally best for a clear, direct understanding. Steve will then identify the appropriate Task Order Manager, technical staff, and QA/QC team members. We will develop a detailed task order scope, schedule, and fee that are understandable and achievable. Our scope of work assumptions will be discussed with the City's project manager to so that deliverable and performance expectations are transparent and agreed upon. Schedule is often critical to fast-tracked projects and a detailed project schedule will be prepared for each task order in a format acceptable to the City to complete projects on time and within budget. The task order proposal will be submitted to the City for review and negotiated to finalize the scope, fee, and schedule. For as-needed task orders r flexibility and adaptability is critical for successful execution. Our team includes professionals locally-based in southern California with a wide range of experience and qualifications that are dedicated to providing high- level service and being responsive to your needs. A few of the key team members are identified. • Amy Omae, PE (Irvine, CA) is currently managing a project for the City's neighbor, Mesa Water District, to determine the remaining useful life of their existing pipeline infrastructure as part of the HB -381- Pipeline Integrity Program. She has also been involved in the design of several pump stations and pipelines. • James Wang, PE (Irvine, CA) has managed several projects and been the lead designer to rehabilitate several pump stations and develop design plans, specifications, and cost estimates (PS&E) documents for pipelines, groundwater wells, and storage reservoirs. • Brien Clark, PE (Claremont, CA) has familiarity with the City of Huntington Beach. He has worked on projects with the City including the Yorktown Transmission Main Rehabilitiation and is currently working with the annual corrosion assessment surveys along side Erika Pe1·ez 1 EIT (Claremont, CA) • Dave Spencer, PE (San Diego, CA) is a contributing author for American Water Works Association (AWWA) M77: Condition Assessment of Water Mains and a technical lead for Water Research Foundation (WRF) studies on condition assessment for metallic and asbestos cement pipe. • Andrew Cherene, PG, CHG (Long Beach, CA) has effectively managed several drilling programs and designs for installation of groundwater wells and test water supply wells. lterlj8 l 5. -168 372 City of Huntington Beach, Public Works Department I On-Call Water Engineering & Professional Consulting Services I Service Category I-)~ Water Engineering Each proposal will identify those individuals that will be made available to the City for the duration of each task order. Our team will be tailored to each task order to optimize efficient execution and successful completion. Steve will assign Task Order Managers, who will identify the needed skills and obtain the commitment from team members, including specialized subconsultants, to prepare an organizational chart for approval by the City's project manager. At each project kick-off meeting, we will identify relevant stakeholders, review procedures and design requirements, and establish clear lines of communication and authority. During project execution, HOR staff will be present for all necessary meetings and prepare detailed notes, progress reports, and interim work products as required. All deliverables will be reviewed by HDR's independent QA/ QC team to verify accuracy and completeness prior to submission to the City for review. HOR strives to provide the City with excellent service and exceed expectations. Our intent is to remain with the project until its implementation and beyond so that we confirm the work was successfully delivered. Our commitment to your project and involvement through its development and implementation will allow us to address any issues or discrepancies that should arise in design, construction, or operation. Example scopes of work are shown in the figure below for typical task orders for engineering services provided during planning/ preliminary design, design, and construction. 373 HB -383- Appendix: Addendum 1 (Acknowledgement) Key Staff Resumes Item 15. -170 300 374 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 960-8820 ADDENDUM NUMBER ONE For RFQs -Water, Plan Check, Ocean, Architectural, Transportation, Construction Management, Materials, Civil in the CITY OF HUNTINGTON BEACH November 29, 2017 Notice To All: City of Huntington Beach has extended the due date from January 4th , 4:00 pm 2018 to January 11 th , 4:00 pm 2018 for eight (8) Request For Qualifications (RFQ) for various professional services (Water, Plan Check, Ocean, Archltectural, Transportation, Construction Management, Materials, Civil}. This is to acknowledge receipt and review of Addendum Number One, dated November 29, 2017. HOR Engineering, Inc Company Name 01/09/2018 r ~--=lliiy.-:~=...::.•.-:::.-.:~_........:;e..-...~L-=---'-~ Date All bidders must acknowledge and include the receipt of this Addendum with your RFQ packages. CC1392, Addendum No. 1 Page 1 Ite1n 15. -171 HB -384- 301 375 City of Huntington Beach, Public Works Department I On-Call Water Engineering & Professional Consulting Services I Appendix: I-)~ Service Category A. Water Engineering EDUCATION Master of Science, Civil Engineering, University of California at Berkeley, 1994 Bachelor of Science, Civil Engineering, University of California at Berkeley, 1993 REGISTRATIONS Professional Engineer - Civil, California, United States, No. 055566 Project Management Professional, California, United States, No. 293170 Risk Assessment Methodology for Water, California PROFESSIONAL MEMBERSHIPS California Water Environment Association Water Environment Federation American Water Works Association, Water Reuse Committee/Secretary WateReuse Association Steve has 22 years of experience in engineering planning and design of water, recycled water, industrial waste, and wastewater facilities. His background includes a variety of project types that consist of transmission and distribution system piping, wastewater treatment plant upgrades, pumping stations, pressure control stations, and water treatment. He has provided a wide range of services during construction including office engineering, observation and construction management. His project management skills have been honed through the successful delivery of multidiscipline infrastructure projects in southern California and across the US -he is one of HDR's most experienced project managers. He will provide consistent guidance to HDR project teams, and manage the overall contract to deliver on the scope objectives while maintaining schedule and budget. RELEVANT EXPERIENCE Metropolitan Water District, Water Treatment and Pipeline On-Call Services, Los Angeles, CA Project Manager. Steve has managed this on-call contract for Metropolitan since the end of 2013. Since that time, he has selected the appropriate project team and managed the contract for four different task orders. He is currently the project manager for one task order; providing UPS replacement at all five Colorado River Aqueduct Pumping Stations. NAVFAC Camp Pendleton, P-1045: New Potable Water Conveyance On-Board Marine Corps Base, San Diego, CA Project Manager. This projects connect the north and south base systems to increase the overall reliability of the MCB Camp Pendleton water systems. The project is comprised of over 31 miles of new pipelines, 3 pumping stations, and a storage reservoir. HB -385- City of Corona Department of Water and Power, Mangular Blending Facility, Corona, CA Project Manager. Designed a new 5,000 gpm dual zone booster pumping station, which included a building to house 1060-and 1220-Zone pumps, and emergency generator, site security, chemical facilities to inject sodium hypochlorite and ammonia to produce monochloramines for disinfection, blending station improvements, and noise abatement. Energy saving components were incorporated, which included a micro-turbine at the blending location and solar panels on the neighboring dual reservoir roofs. City of Newport Beach, Industrial Way Water Transmission Main Replacement, Newport Beach, CA Managed the routing study, design, bidding, and construction engineering services for the replacement of a 2,000 linear feet Iterrf 215. -172 376 City of Huntington Beach, Public Works Department I On-Call Water Engineering & Professional Consulting Services I Appendix: Item 15. -173 STEVE FRIEDMAN (CONTINUED) (LF) of 14-inch-diameter water main located in Industrial Way between Superior Avenue and Newport Boulevard, and a 30-inch-diameter water main that traverses the city's general services department. The two existing water mains were replaced with a single 36-inch- diameter water main within the Caltrans and City of Costa Mesa public street right-of-way. The project also consisted of designing a new 8-inch-diameter water main to connect from the replaced water main to an existing water main. City of Pomona, Perchlorate Treatment System, Pomona, CA Project Manager. Managed the design, construction, start up, acceptance testing and permitting assistance for a 16.6 MGD perchlorate anion exchange treatment plant. Design included providing intermediate pumping to deliver the finished water to Reservoir 6, redundancy of process equipment, security for the facility, and incorporation of the system operation into the City's SCADA network and with the existing AEP processes. Irvine Ranch Water District, IRWD- Shady Canyon Offsite Pipelines (Bonita Canyon), Irvine, CA Project manager for design, bidding, and construction engineering services for four miles of 24-inch- diameter and one mile of 36-inch-diameter recycled water transmission mains, two miles of 16-inch-diameter domestic water transmission main, and a half mile of 15-inch-diameter sewer line. The design required close coordination with The Irvine Company, City HB -386- Service Category A. Water Engineering of Newport Beach, City of Irvine, and several other consulting firms. Developer driven schedules required three separate bid packages that further complicated the project. The total estimated construction cost for this project is approximately $9 million. Poseidon, Carlsbad Desalination Plant Intake Facilities Preliminary Design, Carlsbad, CA Project Manager. Steve oversaw a diverse design team to prepare preliminary design and contract documents for design build procurement of the Carlsbad Desalination Plant's new intake facility. It consists of a new 198 mgd (368 cfs) water pumping station, modifications to the existing 127 mgd (235 cfs) process water pumping station, a new fish screening structure with a 1,000 feet long 24-inch diameter fish return pipeline, and two large diameter pipeline designs: 500 feet of 72-inch pipeline and 100 feet of 84-inch pipe. Special features include a shoring design for deep excavation and high groundwater, an electrical building for the 1,000 horsepower pumping system, ingress/egress modifications to the existing plant, and environmental. The team also prepared twenty conceptual alternatives under client direction for permitting approval in accordance with the Ocean Plan Amendment. 303 19 377 City of Huntington Beach, Public Works Department I On-Call Water Engineering & Professional Consulting Services I Appendix: EDUCATION Master of Science, Environmental Engineering (Civil Engineering with Environmental Emphasis), University of Miami, 2006 Bachelor of Science, Chemistry (Chemistry and Environmental Health Science), University of Miami, 2004 REGISTRATIONS Professional Engineer - Civil, California, United States, No. 76824 LEED Accredited Professional, United States National Registration, No. 10328834 PROFESSIONAL MEMBERSHIPS American Society of Civil Engineers (ASCE), Associate Member, 2007-2017 Water Environment Federation, Member, 2011-2017 Asian American Architects/ Engineers Association (AAa/e), Member, 2014-2017 WateReuse, Member, 2015-2017 Service Category A. Water Engineering Amy is a proven project manager with extensive experience in water and wastewater master planning, design, and engineering services during construction projects throughout Southern California. Her expertise is in the design of treatment plant processes, pipeline alignments, mechanical pumping systems, pilot testing and research, alternative technology evaluations, mass balance and financial model development, data analysis for technically based local limits, quality assurance, and field engineering services during construction. RELEVANT EXPERIENCE NAVFAC P1046 North Area Waste Water Conveyance Project Design and Construction Services, Camp Pendleton, CA Responsible for the design of the Tributary Area Pump Station 9 (TAPS9), decommissioning and demolition of the Sanitation Treatment Plant 9 (STP9), and QA/QC review. HOR served as Designer-of-Record for the installation of new wastewater conveyance, pumping, and storage facilities at Marine Corps Base Camp Pendleton (MCBCP) in San Diego. The new facilities provide enhanced infrastructure to convey increased sewage flows throughout the camp and convey wastewater to the Southern Regional Tertiary Treatment Plant (SRTTP). HOR provided preliminary and final design along with engineering services during construction. The P-1046A project includes 28,500 feet of 6-inch through 20-inch HOPE wastewater force main, 7,000 feet of gravity sewer manhole and pipe capacity increase from 8-inch to 10-inch, approximately 2,500 feet is upsized by pipe bursting, five separate Horizontal Directional Drill locations under environmental and HB -387- cultural boundaries and beneath Caltrans and Railroad rights-of- way with a total distance of about 10,000 feet, four new lift stations and one lift station upgrade with capacities ranging from 500,000 gpd up to nearly 2 mgd, emergency overflow storage for four lift stations, demolition of existing lifts stations and a 1.5 mgd wastewater treatment plant. Irvine Ranch Water District, Water Supply Reliability Evaluation, Irvine, CA Project Engineer. Prepared a Water Supply Reliability Evaluation report for the Irvine Ranch Water District (IRWD). HOR evaluated several potential future water supply scenarios. Provided modeling and evaluation of local and imported water supply reliability under a variety of emergency scenarios based on a rigorous and transparent probability of risk analysis. Recent climate change research and projected reliability of imported water resources were incorporated into the analysis. Level of service expectations were established and mitigation strategies developed. Ite1!£4 15. -174 378 City of Huntington Beach, Public Works Department I On-Call Water Engineering & Professional Consulting Services I Appendix: t-)~ Service Category A. Water Engineering Ite1n 15. -175 AMY OMAE (CONTINUED) Mesa Water District, Pipeline Integrity Testing Program, Costa Mesa, CA Responsible for managing the overall project and defined tasks for this as-needed consulting services contract. Mesa Water District performed an age-based assessment for over 300 miles of water distribution piping, which resulted in an estimated replacement cost of $300 million within the next 30 years. Because their break rates were not consistent with this forecast, HOR was selected to assist Mesa Water in the determining the remaining useful life of their water main pipeline by evaluating historical data, identifying the appropriate test methodology, and continuously refining the testing program to focus Mesa Water's rehabilitation and replacement efforts and provide the most value to customers. The scope expanded to include performing a survey of the cathodic protection system and a close-interval survey. Irvine Ranch Water District, Michelson Water Reclamation Plant Phase 2 Expansion, Design and Engineering Services During Construction, Irvine, CA Responsible for developing the financial model to evaluate biosolids and sludge handling alternatives analysis, design of the agitation aeration distribution system for the influent junction structure, headworks, primary splitter box, and primary distribution channel, managing and performing QA/QC review of submittal reviews and requests for information (RFls), change orders, civil site grading HB -388- design, and field engineering. HOR performed the conceptual design, preliminary design, and final design, and provided engineering services during construction of the Michelson Water Reclamation Plant Phase 2 expansion to 33 mgd. Improvements included influent sewers, headworks, expansion of the primary sedimentation tanks, new primary effluent pumping station and flow control, modified flow equalization basins, secondary treatment expansion with membrane bioreactors (MBR), new high-rate clarifier to treat filter backwash, effluent filtration, new ultraviolet (UV) disinfection system, reclaimed water pumping, modifications to chlorine contact basins, chemical feed systems, new pumping and other ancillary facilities, and electrical modifications. City of San Mateo, Clean Water Program, Nutrient Removal and Wet Weather Flow Management Upgrade and Expansion Project, San Mateo, CA Project Engineer and DUCT Design Lead. Responsible for design of the dual use contact tank and flow split structure and assist the design of the biological nutrient removal (BNR) system. HOR performed the conceptual design and is in the process of developing the preliminary design and final design of the San Mateo/Estero Municipal Improvement District (EMID) Wastewater Treatment Plant. 305 21 379 City of Huntington Beach, Public Works Department I On-Call Water Engineering & Professional Consulting Services I Appendix: EDUCATION Bachelor of Science -Chemical Engineering, California Polytechnic University, Pomona REGISTRATIONS State of California, Professional Chemical Engineer -#6291 State of Arizona, Professional Chemical Engineer -#48417 State of Idaho, Professional Chemical Engineer -#15476 State of New Mexico, Professional Chemical Engineer -#21879 NACE International Cathodic Protection Technologist CP-3 #17978 Cathodic Protection Specialist CP-4 #17978 Cathodic Protection Interference NCCER Corrosion Prevention Field Technician 1 NCCR Abnormal Operating Conditions - Field Ops Service Category A. Water Engineering Brien Clark is the Manager of Technical Services for HOR Engineering, Inc. He has been with HOR Engineering since 2000. Brien has performed condition assessments, external direct assessments, failure analyses, soil corrosivity studies, water aggressivity studies, cathodic protection surveys, cathodic protection/corrosion control designs, and construction checkouts. RELEVANT EXPERIENCE City of Huntington Beach, Yorktown Transmission Main Rehabilitation -30" Project Manager/Project Engineer. The project entailed the installation of corrosion test stations, three impressed current cathodic protection deep wells and rectifiers, pipeline internal and external joint bonding, and electrical isolation joints for an existing 30-inch cement mortar lined and coated (CML&C) steel water transmission main. Technical construction management services were provided including interpreting design document intent for the City, responding to contractor RFls and RFCs, and performing construction witnessing and check-out testing. Field testing included performing electrical continuity measurements along the pipeline; witnessing and testing the installation of the cathodic protection systems including deep well drilling, anode conformance and inspection, cable inspection, anode loading, well logging, and rectifier installation and testing; confirming the installation and effectiveness of electrical isolation devices; performing a pipe-to-soil potential survey of existing test stations to establish a potential baseline; and performing a pipe-to- soil potential survey after rectifiers HB -389- were energized and the pipeline had polarized to verify the effectiveness of the impressed current cathodic protection systems. Troubleshooting with respect to unusual potential fluctuation was also investigated for stray current activity. City of Huntington Beach I Annual Corrosion Survey, Huntington Beach, CA Cathodic Protection Design Reviewer. HOR provided condition assessment and corrosion engineering services for the City of Huntington Beach's five (5) pipeline systems. The five (5) systems, include eleven (11) pipelines, 138 test stations, 34 insulating joint (IJ) test stations, 35 cathodic protection sacrificial anode beds, and 3 rectifiers. In addition to the facilities tested in 2012, HOR included new facilities that were subsequently added including the Huntington Beach Utility Yard, the 12-inch Harbor Crossing, and the 30-inch Yorktown Pipeline cathodic protection systems. Scope of services included records review; pipeline condition assessment survey of all corrosion monitoring test stations, CP rectifiers, performing instant Off survey of all impressed current systems, minor repairs at rectifiers and Iteit£615. -176 380 City of Huntington Beach, Public Works Department I On-Call Water Engineering & Professional Consulting Services I Appendix: I-)~ Service Category A. Water Engineering Itetn 15. -177 BRIEN CLARK (CONTINUED) corrosion monitoring test stations, monitoring Slip Lined 30-inch DIP within the 42-steel pipeline (special CP probes), coordinating with City on locating missing CP test stations (16 each), and performing minor maintenance and cleaning of all CP test stations; provide a written report with findings and recommendations. City of Huntington Beach I Feeders OC-9 and OC-35, Huntington Beach, CA Project Manager, Project Engineer. The two pipelines were approximately 53 and 43 years old, respectively. Feeder OC-9 is a 14-to 30-inch diameter cement mortar lined and coated (CML&C) steel, PVC, and ductile iron pipeline, running approximately 46,000 feet (8.72 miles). Feeder OC-35 is a 27- to 36-inch diameter CML&C Steel pipeline, running approximately 31,300 feet (5.93 miles). HDR provided recommendations for controlling corrosion on the two pipelines based on documentation provided by the city. Inland Empire Utilities Agency District I As-Needed Corrosion Assessment Services, Chino, CA Contract/Project Manager. The Inland Empire Utilities Agency (IEUA) is a regional wastewater facility in southern California that operates five regional plants and processes 60 mgd. HOR was selected as a consultant to provide corrosion assessment services as-needed on this 5-year contract. Since inception, condition assessments have been conducted on numerous headworks, wet HB -390- wells, influent pump stations, grit chambers, diversion structures, primary clarifiers, secondary clarifiers, digesters, aeration basins, and various process piping across the five treatment facilities. Mr. Clark is the contract manager and has served as the project manager on the majority of the task orders to date. He is also the quality reviewer and engineer of record for the final reports. Lower Busch Tank Cathodic Protection Design, Los Angeles Department of Public Works (LADPW), Malibu, CA. Contracted through the tank designer, Cannon Corporation, services provided included cathodic protection design to protect the interior of a proposed welded steel 0.47 MG water reservoir. Deliverables included plan, elevation, and detail drawings, and a technical specification. Design Reviewer. Southeast Water Reliability Project (SWRP), Central Basin Municipal Water District (CBMWD), Pico Rivera, CA. This project entailed the design of approximately 70,000 linear feet of 42-inch diameter recycled water transmission pipeline and booster pump station. Corrosion- related deliverables included a 30% pre-design report, cathodic protection calculations, plan and detail sheet drawings, and technical specifications. Report Reviewer and Design Reviewer. 307 23 381 City of Huntington Beach, Public Works Department I On-Call Water Engineering & Professional Consulting Services I Appendix: I-)~ Service Category A. Water Engineering EDUCATION Master of Business Admin, Finance, University of Southern California (USC), 1994 Bachelor of Science, Civil Engineering, University of Utah, 1981 Bachelor of Arts, English Language & Literature, University of Utah, 1978 REGISTRATIONS Structural Engineer, California, US, #S3020 Professional Engineer -Civil, California, US, #C38094 PROFESSIONAL MEMBERSHIPS American Public Works Association (APWA), Member American Society of Civil Engineers (ASCE) Member American Water Works Association, California Nevada, Pipeline Rehabilitation Committee, Former Chair American Water Works Association, Member American Water Works Association, National AWWA, Water Main Rehabilitation Committee, Former Chair Dan has gained national and international recognition as an expert on pipe assessment, rehabilitation, and trenchless construction, having authored several books on the subject. He is the former Chair of the Water Main Rehabilitation Committee of AWWA. Dan has managed groups with more than 40 employees and programs with annual budgets up to $40 million. Projects have ranged from record-setting trenchless river crossings, to published research, to power plant retrofits, even a fish ladder. This diversity of projects along with superior management skills of people and programs make Dan tremendously flexible and creative. With more than 35 years of civil and structural engineering experience, Dan has design and construction experience in both the energy and water supply fields on projects ranging to the multi-billion dollar range. RELEVANT EXPERIENCE Otay Water District, Annual Corrosion Surveys San Diego, California The OWD has an ongoing Cathodic Protection (CP) Program. The program consists of monitoring and maintaining 60 separate pipelines and 29 reservoirs as well as providing design services for future projects. As part of the Scope of Work HDR is responsible for repairing cathodic protection systems having deficiencies on 29 steel reservoirs. City of San Diego, California, As- Needed Engineering Wastewater Facilities Condition Assessment San Diego, California Provided as-needed corrosion engineering and condition assessment services for city's sewer pipeline system which includes pipelines ranging from eight-to 120-inches in diameter force mains and trunk sewers. Task orders have included a rigorous evaluation of the consequence of failure and a thorough analysis of the likelihood of failure combining both field condition data and statistical analysis. Work included the use of closed circuit television (CCTV) HB -391- to gather review and validate all available data and update the existing CCTV Tool Box. Other tasks performed included preparation of a condition assessment work plan field data collections and preparation of a repair/rehabilitation and replacement (R&R) action plan that included a comprehensive financial analysis projected timeline and cost estimate for each pipeline implementation. City of Buena Park, Pipe Criticality Assessment Buena Park, California The city was concerned about the system's remaining useful service life and was interested in developing a plan for future replacement of their distribution piping. HDR conducted a criticality assessment of the city313436s asbestos concrete (AC), ductile iron, and steel pipes to prioritize assets requiring immediate attention by means of replacement or repair. Over 40 percent of the existing pipelines were over 50 years old, with the oldest in service for approximately 65 years. HDR performed analysis of available break data and compared to industry norms, field corrosion survey, and acoustic velocity testing. 382 City of Huntington Beach, Public Works Department I On-Call Water Engineering & Professional Consulting Services I Ap_pen~ix: Service Category A. Water Engmeenng Item 15. -179 DAN ELLISON (CONTINUED) Long Beach Water Department, Sewer Lift Station S-1 Claremont, Los Angeles, California HDR was selected by Long Beach Water Department to provide engineering design and bid/ construction phase services for the S-1 Sewer Lift Station Rehabilitation project. Work includes numerous lift station improvements needed to address issues with structural mechanical electrical and instrumentation components address the current condition of SLS S-1 develop rehabilitation alternatives and develop plans and specifications to implement the rehabilitation and construction bidding assistance through contract award. Western Municipal Water District, -Nondestructive Condition Assessment alternatives for the Mills Gravity Pipeline Claremont, Los Angeles, California Nondestructive Condition Assessment (N DA) for Western Municipal Water District (Western) on the Mills Gravity Pipeline (MGL) to determine existing and probable future conditions develop rehabilitation plans to reduce failure risks (if determined needed) to maximize the life of the MGL. Water Research Foundation, WRF 4471 Leveraging Data from Non- Destructive Examinations to Help Select Ferrous Water Mains for Renewal Denver, Colorado, The objective of this project is to demonstrate that NDE can be used cost effectively on some mains and the results can be used to infer the condition of similar mains. Tailored Collaboration partners: DC HB -392- Water Denver Water Los Angeles Department of Water and Power Fairfax Water and Seattle Public Utilities. WRF 4034 Failure of Pre-stressed Concrete Cylinder Pipe Dan characterized PCCP failure rates in the U.S. investigating the past 65 years. The research used an actuarial approach to PCCP pipe segments and identified and predicted based on manufacturing installation and design dates portions of the population that have the highest likelihood of failure. In addition the project developed a general evaluation matrix to help utilities identify prestressed concrete cylinder pipe (PCCP) with the highest risk of failure in their systems. Tahoe Keys Property Owners Association, Water Distribution Piping Condition Assessment South Lake Tahoe, El Dorado, California The purpose of this project is to provide waterline assessment of AC and galvanized iron pipe at four of the worse anticipated locations in the system to determine pipeline condition. HDR expects to conduct a series of laboratory and field tests to determine the corrosivity of the soil and transported water and the remaining strength of the pipe material in the distribution system by evaluating the mechanical strength and the depth of deterioration to the pipe wall. 309 25 383 City of Huntington Beach, Public Works Department I On-Call Water Engineering & Professional Consulting Services I Appendix: ~ )~ EDUCATION Master of Science, Environmental Engineering, University of Windsor, Ontario, Canada, 2004 Bachelor of Civil Engineering, Civil & Environmental Engineer, 1997 REGISTRATIONS Professional Engineer - Civil, California, United States, No. 81123 NASSCO Pipeline Assessment and Certification Program, United States National Registration, No. U-1114- 06022800 NASSCO Manhole Assessment Certification Program (MACP), United States National Registration, No. U-1114- 06022800 Service Category A. Water Engineering James has more than 21 years of experience with municipal and industrial wastewater treatment, water treatment, mechanical pumping systems including storm, potable, irrigation and wastewater; water distribution and sewage collection, contaminant fate during sewage treatment, water quality modeling and AutoCAD 2012. In addition, James is proficient in innovative and cost effective design with operations a top priority. He is adept at coordinating project plans with multiple disciplines and consultants. Other responsibilities include field engineering, supervision and monitoring, particularly for pump stations, sewer lift stations and water quality testing. RELEVANT EXPERIENCE City of Corona Department of Water and Power, Mangular Blending Facility, Corona, CA Project Engineer. Designed the new Mangular Blending Facility which includes a dual zone Booster Pumping Station with a total firm capacity of 5,000 gpm using five pumps. Additional components include provisions for emergency power; chemical facilities to inject sodium hypochlorite and ammonia to produce monochloramines for disinfection; and improvements to the existing facility blend well water with treated water. P-1045: New Potable Water Conveyance On-Board Marine Corps Base, San Diego, CA Design Manager. HDR served as Designer-of-Record for Project P-1045, installation of new potable water conveyance, pumping, and storage facilities at Marine Corps Base Camp Pendleton (MCBCP). Project P-1045 includes approximately 99,400 linear feet of 24-inch nominal diameter high density polyethylene (HOPE) pipeline; 26,600 linear feet of 14-inch nominal diameter HOPE pipeline; three pumping stations HB -393- (160hp, 2.0 MGD capacity; 60hp, 1.4 MGD capacity; and 225 hp, 5.0 MGD capacity); a new three million gallon capacity AWWA D-110 Type Ill pre-stressed concrete reservoir; and a new pressure reducing station. Project P-1046, Waste Water Conveyance Marine Corps Base, Camp Pendleton, CA Design Manager. HDR served as Designer-of-Record for Project P-1046, installation of new waste water conveyance, pumping, and emergency overflow storage facilities at Marine Corps Base Camp Pendleton (MCBCP). Project P-1046 includes approximately 30,000 linear feet of high density polyethylene (HOPE) pipeline ranging from 4-inch to 10-inch; five lift station(120hp, 4.6MGD capacity; 120hp, 3.2 MGD capacity; 75hp, 1.5 MGD capacity; 30hp, 1.0 MGD capacity and 20 hp, 0.3 MGD capacity); a new emergency overflow storage structure. Ite1i1°15. -180 384 City of Huntington Beach, Public Works Department I On-Call Water Engineering & Professional Consulting Services I Appendix: I-)~ Service Category A. Water Engineering Item 15. -181 JAMES WANG (CONTINUED) Mountain House Development Tank and Booster Pump Station, Mountain House, CA Project Engineer. Designed two twin 3.7 MG concrete tanks and a multi- zone multi-pump water booster pump station. The facility was required as part of the community's master water plan and provides pressure stabilization potable and emergency storage and inter-zone pressure regulation. The dual-zone pump station allows water from either storage tank to be boosted into either of two pressure zones. Chemical injection facilities located within the facility automatically maintain chlorine residuals within the tanks as well as water entering the distribution system. The facility serves both planned residential development and the Delta Community College. City of Lathrop Tank and Booster Pump Station, Lathrop, CA Project Engineer. Designed a new 3.6 MG welded steel water storage tank and booster pump station servicing the Central Lathrop Specific Planning (CLSP) area. The pump station consisted of multiple VFD controlled pumps with a domestic capacity of up to 5,500 gpm. In addition the station features a 2,500 gpm NFPA 20 certified fire pumping system. The station has a PLC based remote telemetry and SCADA control system with automated chlorine residual control. Project Engineer. Goleta Wastewater Treatment Plant Upgrade, Goleta Sanitary District, CA. After preparing the preliminary design report and validation study, HB -394- HDR modified the headworks, upgraded the treatment plant to full secondary standards using a trickling filter/activated sludge system, designed a new blower building, expanded secondary sedimentation capacity, designed for new flow equalization, and designed a new thickening and dewatering building. Design also included site/civil work, paving and grading. The improvements expand the capacity of full treatment to approximately 9 mgd. Edward C. Little Water Recycling Facility Expansion Design-Build Services, West Basin Municipal Water District, El Segundo, CA. Conducted a feasibility study and provided engineering to support design-build services to increase the capacity of barrier water to 12.5 mgd total capacity and increase the capacity of Title 22 water to 40 mgd. Phase IV improvements included upgrades and expansion of the Title 22 treatment system, solids handling system, chemical systems, microfiltration treatment system (includes a new 10.8 mgd microfiltration system), reverse osmosis treatment process, ultraviolet (UV) disinfection treatment system, and site. Title 22 treatment system improvements included demolishing the flocculation basins, constructing a 20 mgd high-rate clarifier, extending the Title 22 treatment train No. 1 conventional gravity filter gallery, adding two chlorine contact basins, and adding two medium voltage variable frequency drives (VFDs) on the Title 22 product water pumps. 311 27 385 City of Huntington Beach, Public Works Department I On-Call Water Engineering & Professional Consulting Services I Appendix: J-)~ Service Category A. Water Engineering EDUCATION Bachelor of Science Civil Engineering California Polytechnic State University, San Luis Obispo REGISTRATIONS Professional Engineer C66885 California David Spencer developed and implemented asset management programs encompassing over 60,000 miles of pipelines in the U.S. David specializes in developing and implementing practical results-oriented programs for aging water, recycled water, and wastewater infrastructure. He is adept in interacting with all levels of a utility organization from field staff to management. David is currently engaged in the evaluation of several emerging condition assessment technologies including acoustic testing, non-destructive examinations, an ASCE Manual of Practice, and other Water Research Foundation projects. Proficient in ESRI and Microsoft analytical tools, David has supported many high performing utilities in building and refining asset management practices including the Cities of San Diego, Poway, Vista, Phoenix and Honolulu, Vista Irrigation District, Los Angeles Bureau of Sanitation, Johnson County Wastewater, and Seattle Public Utilities. RELEVANT EXPERIENCE Water Research Foundation, WRF 4471, Leveraging Data from Non- Destructive Examinations to Help Select Ferrous Water Mains for Renewal, Denver, CO. The objective of this project is to demonstrate that NDE can be used cost effectively on some mains, and the results can be used to infer the condition of similar mains. Mesa Water District Pipeline Integrity, Costa Mesa, CA. Technical Lead. Scope of work for the project included estimating the remaining life of the pipelines based on measured pipeline properties, identify specific pipes that require replacement, and refine the testing program to provide the most value to the ratepayers. Thru this program, HDR was able to save Mesa Water approximately $100,000 per year in pipeline testing. HB -395- 2016 Comprehensive Sewer Management Plan, City of Vista, CA. David is developing an asset management program and plan that will close gaps in the asset registers for GIS/Cityworks/Pipelogix/ hydraulic model. David will identify likelihood and consequence of failure for asset risk, replacement costs, renewal prioritization, and evaluation of levels of service and associated levels of investment. David will conduct workshops with operations staff on best practices and SOPs. The results of asset management analysis and asset information will be coordinated with GIS staff for inclusion in appropriate systems and the identification of asset management software. A continuous improvement plan will be developed that includes analysis of existing business processes and systems and identification of prioritized opportunities for improvement for policies, processes and systems. Iterli215. -182 386 City of Huntington Beach, Public Works Department I On-Call Water Engineering & Professional Consulting Services I Appendix: I-)~ Service Category A. Water Engineering Item 15. -183 DAVE SPENCER (CONTINUED) Asset Management Plan, Otay Water District, Otay, CA. Prepared a district-wide asset management plan as the framework for district staff to implement the ongoing condition assessment and associated service life estimates for all of the fixed assets. The project included the development of asset criticality criteria, condition assessment rating and ranking criteria, and asset valuation methodology that serve as the basis for future rates and bond financing. City of Westminster, Westminster Distribution System Renewal Program Prioritization and Modeling, Denver, CO. Evaluated the water distribution system and prioritized water main repair and replacement projects based on a number of criteria. A risk analysis and prioritization factors matrix was established and was used to develop an optimized pipe and valve replacement capital improvement program (CIP). HB -396- Vista Irrigation District, City of Vista, CA HDR was selected by Vista Irrigation District (VID) to prepare an update to their 2000 Potable Water Master Plan. As part of that Master Plan, condition assessment of the District's reservoirs and pipelines is being conducted and prioritization of rehabilitation and replacement projects. David is leading the condition assessment and renewal prioritization components of the project which includes assessing and cleansing existing data, quantifying deterioration, identifying investment scenarios compared with level of service, and incorporating results into the master plan. City of Poway, Utilities Operational Effectiveness Study (UOES), Poway, CA. Project Manager who reviewed operational activities for the potable water, wastewater operations, and recycled water, then assessed their organizational efficiency and effectiveness to prepare an operational effectiveness report with competitive levels for (O&M) of the system with recommended cost savings and improvement strategies. Worked closely with the city's public works department's utilities manager and key representatives from labor, management and employees. 313 29 387 City of Huntington Beach, Public Works Department I On~Call Water Engineering & Professional Consulting Services I Appendix: I-)~ Service Category A. Water Engineering EDUCATION Bachelor of Science - Earth Sciences, University of California, San Diego, June 2004. Master of Science -Earth Sciences, University of California, San Diego, December 2005. REGISTRATIONS Registered Professiona I Geologist, California, United States, No. 8580 Certified Hydrogeologist, California, United States, No. 974 Drinking Water Treatment Operator, Level T2, California, United States, No. 30382 Drinking Water Distribution Operator, Level D2, California, United States, No. 39368 Andrew Cherene has 12 years of experience in the environmental field with expertise in groundwater monitoring, drilling, well installation, soil sampling, Phase I and Phase II environmental site assessments, soil vapor sampling, and groundwater resources. He manages drilling programs and designs, installs, develops, and tests water supply wells. He also conducts sampling and analysis field programs to support regulatory compliance, pre- construction site characterization, and aquifer modelling. RELEVANT EXPERIENCE City of Santa Monica, Olympic Well Field, Santa Monica, CA Andrew Cherene was project manager and primary author of the quarterly groundwater monitoring report and manager of field tasks. Groundwater contamination surrounding the City Corporation Yard and the Bergamot Arts Center has been linked to a release of gasoline from underground storage tanks on the Corporation Yard property. Chlorinated solvents from former PaperMate and Douglas Aircraft Facilities have also migrated to the groundwater beneath this site, compromising water quality in the City's Olympic Well Field. Olympic is one of three major well fields that serve as the drinking water source for the City. The other two, Arcadia and Charnock, also have a recent history of impacts from leaking underground storage tanks. HB -397- City of Oxnard, Highway 101 at Rice Ave Reconstruction Project, Oxnard, CA. Andrew Cherene was lead geologist for investigation and remediation activities associated with the Former Jim's Texaco service station and environmental support activities for the construction surrounding the interchange. Project tasks included site characterization of commingled fuel releases, well abandonment, development and implementation of a risk assessment sampling and analysis plan, and plume characterization for the protection of drinking water wells. This project required close coordination with regulatory ag~ncies to obtain timely closure of the site under the schedule constraints of a major interchange and bridge reconstruction project. Itefil4 15. -184 388 City of Huntington Beach, Public Works Department I On-Call Water Engineering & Professional Consulting Services I Appendix: I-)~ Service Category A. Water Engineering Ite1n 15. -185 ANDREW CHERENE (CONTINUED) Antelope Valley Water Bank, Willow Springs Aquifer Storage and Recharge, Antelope Valley, CA. Prior to initiating an aquifer storage and recovery (ASR) project, a groundwater basin and its aquifers must be adequately characterized with respect to potential yields, storage capacity, and water quality. Andrew Cherene managed a field sampling program that collected samples from idle irrigation supply wells and active domestic water supply wells to analyze for naturally occurring compounds that may present a challenge for the proposed ASR program. Pier B On-Dock Rail Support Facility, Long Beach, CA. HDR is providing engineering services for the project. Some key components of the project include realignment of Pier B Street to accommodate new yard tracks construction of approximately 80000 feet of new trackage at the Pier B Rail Yard design of classification yard facilities and/or a potential Near Dock lntermodal Cargo Transfer Facility (ICTF) in the North Harbor Area and feasibility studies and alternative analysis for potential grade separations at 9th Street and the North Harbor Area. Since 1996 HDR has provided engineering services to the Port of Long Beach under two separate on-call contracts. In total seven final design packages have been completed on budget and on schedule under this contract. HB -398- NextEra Energy, Blythe Solar Generating Station. The design phase of the project required exploration for a source of cooling and cleaning water in California's Sonoran Desert. The program drilled a test well to a depth of over 1800 feet to sample discrete aquifer zones for water quality and test them for production potential. Separate zones were packed off to be tested for yield potential and water quality. Overdraft of near-surface drinking water source aquifers would have been met with regulatory opposition, while brackish deep zones would have provided very poor quality water. Andrew Cherene oversaw drilling and well installation activities for the test well. 315 31 389 City of Huntington Beach, Public Works Department I On-Call Water Engineering & Professional Consulting Services I Appendix: I-)~ Service Category A. Water Engineering EDUCATION Bachelor of Science - Chemical Engineering California State Polytechnic University, Pomona, CA REGISTRATIONS Engineer-In-Training (EIT), State of California #153360 NACE Cathodic Protection Technician (CP-2), #63436 Confined Space Certified OSHA 30-Hours PROFESSIONAL MEMBERSHIP NACE International #673147 Erika Perez is the Field Services Supervisor with HDR Engineering, Inc. She has been with HDR since 2007. Erika has experience in soil analysis, soil corrosivity studies, corrosion condition assessments of wastewater facilities and potable water tanks, external corrosion direct assessments, cathodic protection (CP) system design for tanks, construction support services, field surveys for existing cathodic protection systems on pipelines and reservoirs. RELEVANT EXPERIENCE City of Huntington Beach, Annual Corrosion Survey, Huntington Beach, CA Corrosion EIT. The project was an annual corrosion survey of the City's 11 pipelines, consisting of 170 test stations, and providing recommendations for future corrosion control. Ms. Perez served as corrosion EIT. The survey was performed by the interruption of existing rectifiers and galvanic anodes and measuring the on/off potentials. A report was prepared documenting all the testing data with recommendations for general corrosion control. Irvine Ranch Water District I Three Year Cathodic Protection Monitoring Program, Irvine, CA Lead Field Engineer. HDR was recently awarded this cathodic protection project consisting of 35 impressed current and 4 galvanic systems, 40 rectifiers, approximately 500 corrosion test stations, and 17 reservoirs. Pipe sizes vary between 16-inches and 54-inches. Pipe materials include CCP, SCC, DIP, and CML&C. Ms. Perez performed the pipeline CP corrosion survey, including on and instant off pipe-to-soil potentials, rectifier readings, anode current output, and insulating flange and casing isolation testing. HB -399- Metropolitan Water District (MWD), Lake Mathews Forebay Condition Assessment, Riverside, CA Erika Perez was the lead field engineer on the condition assessment of the concrete structure and rebar reinforcement at MWD's Lake Mathews Forebay. The structural assessment included exterior and interior visual inspections, concrete sounding, and pH testing. The rebar reinforcement assessment included potential mapping to determine areas of internal corroding rebar and electrical continuity testing. Concrete cores were also collected and analyzed by HDR's laboratory to determine the degree of concrete degradation. The condition assessment report included: tabulated test results, photo documentation of notable features observed during the assessment, and recommendations based on conditions found to be in need of repair, remediation, or corrosion monitoring. Ite1t1 6 l 5. -186 390Ite1n 15. -187 HB -400- 3230 El Camino Real, Suite 200 Irvine, CA 92602-1377 714.730.2300 hdrinc.cc,m We practice increased use of sustainable materials and reduction of material use. © 2018 HOR, Inc., all rights reserved. 317 391 EXHIBIT "B" Payment Schedule (Hourly Payment) A. Hourly Rate CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: B. Travel Charges for time during travel are not reimbursable. C. Billing 1. All billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. 2. Each month's bill should include a total to date. That total should provide, at a glance, the total fees and costs incurred to date for the project. 3. A copy of memoranda, letters, repo11s, calculations and other documentation prepared by CONSULTANT may be required to be submitted to CITY to demonstrate progress toward completion of tasks. fu the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 4. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) fuclude a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULT ANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A'' may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is tenninated as provided herein. ExhibitB 318 392 5. Any billings for extra work or additional services ~uthorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the paities concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. 2 Exhibit B 319 393 hdrinc.con, January 11, 2018 City Clerk's Office, 2nd Floor City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 !Exhibit BI RE: On-Call Water Engineering & Professional Consulting Services, Service Category A. Water Engineering -Cost Proposal/Rate Sheet Dear Selection Committee, HOR appreciates the opportunity to submit our fee schedule for the On-Call Water Engineering & Professional Consulting Services. We look toward to working with the City. Should you have any questions, please feel free to contact Steve Friedman at (714) 368-5634 or via email at steve.friedman@hdrinc.com Aaron Meilleur, PE Vice President 3230 El Camino Real, Suite 200, Irvine, CA 92602-1377 T 714.730.2300 F 714.730.2301 i.fu?~ Project Manager 320 394 City of Huntington Beach, Public Works Department I On-Call Water Engineering & Professional Consulting Services I Cost Proposal/Rate Sheet I-)~ Service Category A. Water Engineering E. Cost Proposal/Rate Sheet Billing HDR acknowledges that all billing for work done by the end of billing period be submitted to the City on a monthly basis. Each billing will be submitted with a status report describing progress made during the billing period on each task along with percent complete for each task. Final billing will be approved for payment only after a completed status report has been approved by the City. HDR's accounting cycle typically coincides with the first of every month and we submit invoices no later than the 10th of every month. Minimum Time Rate Compensation terms are defined by Direct Labor Hours times an hourly billing rate for the services of HDR's personnel engag~d, plus reimbursable expenses. HDR will not apply a minimum time rate for this project. Procedures for Overtime Pay HOR follows fair employment practices. Hours worked in excess of eight (8) per day or forty (40) hours per week will be billed in accordance with the rate schedule presented on the following page at straight time for professional personnel • and at 1.5 times for inspector, technician, and clerical personnel. If applicable, prevailing wage requirements will need to be negotiated at the issuance of each task order. Holidays HDR recognizes the following seven (7) holidays per year where HOR staff does not conduct normal business hours: • New Year's Day • Thanksgiving Day • Memorial Day • Day after Thanksgiving • • Independence Day • Christmas Day • labor Day o When a holiday falls on Sunday, the offices will be dosed on the following Monday. o When a holiday falls on a Saturday, the offices will be closed on the previous Friday, 0 Business hours on December 24th will be 8:00 AM to 4:00 PM. Travel Time The City's office is only 17 miles from HD R's office in Irvine, wherethis project will be managed. Depending on the time of day, we can be at your office on Main Street office within 35 minutes. Our vehicle mileage will be billed as a Reimbursable Expense per Federal travel regulations, which currently allots $0.545 per mile driven. Changes to the Rate Schedule if Contract is Extended lf_the contract is extended beyond the three-year base period, the rates may be increased based on salary adjustments and changes in CPI. Equipment, Miscellaneous Charges, and Subconsultants Personnel charges include the indicating instruments commonly used in corrosion testing. Specialized instrumentation/test equipment and facilities may require and additional charge. Other direct costs (ODC), such as outside consultants or laboratories, rental equipment and, miscellaneous expenses (including vehicle usuage, photography, reproduction, binding, overnight mail or courier services, etc.) will be charged at cost plus ten percent (10%). Permits and fees required for projects will be charged at cost. Costs for subconsultants, if any, will be charged at cost plus ten percent (10%). 321 01 395 City of Huntington Beach, Public Works Department I On-Call Water Engineering & Professional Consulting Services I Cost Proposal/Rate Sheet I-)~ Service Category A. Water Engineering Rate Schedule Our proposed hourly rate schedule by job classification is provided below which covers payroll costs, employee benefits, and HDR overhead and profit. The hourly rate schedule will be in effect during the course of the contract or three years from the notice-to proceed date, which-ever occurs first. Personnel time is billed in half-hour increments. :sr:Cornpany:ofri~er/Pri~Jipal::i~ Charge Sr. Construction Manager $212.00 $270.00 • ; Sr. Engineer Mgr)sr: Project iv\ariager • >$283.00. >. j3;,ioo .. • Water Resources Sr. Engineer $277.00 • $335.00 Proj~ct.Manage{/Task.Ma.na~er:: • < <, $202,00. • $271.Q0 ··••. Sr. Project Engineer C:bh~trtiction l~sp~Ction .. Database Programmer ,Water ·Reso~rces .PE•.··.· CADD/BIM/Designer ProJect Engin~er .••. • •• Project Administrator Do~~·~ent'rr~du~tion.Spedalist .•·.·•. EIT Technidan , ••• Intern $190.00 $254.00 ·•<>$185.00 •:$249..Q(}••. $173.00 $230.00 ·:< . $161.00 : i$219.bo' • $138.00 $197.00 • • $114.oo • • .$1as.oo ·.•· $99.00 $161.00 • •. :$9~.oo ·• .···•. $1's1.oo·· • $86.00 $144.00 • • $70.00. • •· ·$127.00 · $58,00 $99.00 •Billing rates subject to 3.5% escalation (maximum) effective January 1st of each year. 322 02 396 jBidder's List for Water & Engineering -2018 Company Name Phone CivilSource, Inc. 949-585-0477 Civiltec Engineering, Inc. 626-357-0588 Dahl, Taylor & Associates 949-756-8654 DMc Engineering 949-753-9393 ERSC Inc. 951-765-6622 GEi Consultants, Inc. 916-912-4930 Geosyntec Consultants 310-957-6100 GHD Inc 949-585-5218 HOR Engineering, Inc. 213-239-5800 ext. 5817 LEE & RO, Inc. 626-667-5385 Lockwood Andrews and Newnam 714-620-6520 Michael Baker Intl 281-908-5335 Pacific Advanced Civil Engineering, Inc. 714-481-7203 Psomas 714-481-8026 Quantum Quality Consulting, Inc. 310-891-3994 SA Associates 626-821-3456 Tetra Tech 949-809-5208 West & Associates Engineering, Inc. 949-716-7670 323 397 ACORD® CERTIFICATE OF LIABILITY INSURANCE l DA TE (M MIDD/YYYY) ~ i........---6il/2018 3/26/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Locktnn Companies CONTACT NAME: .,..,.-----~-- 444 W. 47th Street, Suite 900 Pl-j!?N~0 "•"· I FAX---··-····· Kansas City MO 64112-1906 -•-•m• • (A/C, Nol: E-MAIL (816) 960-9000 ADDRESS: . --·· ~ .. ---·· --. INSURER{S) AFFORDING COVE:RAGE . NAIC# _. __ --···--------------··-·-1NsURER A, L~gton Insurance Cotnp..fil!Y . ·-194.:JL INSURED HDR F.NGlNEERfNG, INC. INSURER B; 1429583 ... ___ ,.,. --~---------------·-·-,_ 8404 INDIAN HTLLS DRIVE ~Y~!".R.1;.,. -·--··--· ···--· ··-· OMAHA NE 68114-4049 INSURERD; '-•----_.,_,. ___ . .,_,~-· -- INSURER E :._,. .. ·-----·· ·--- INSURER F: COVERAGES *HDRJNOI CERTIFICATE NUMBER· 15288761 REVISION NUMBER: xxxxxxx THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. fflT .. /~.~.?~f:.!:.~:, ··--.. -·· POLICYEFF-POLICY EXP ! ····- TYPE OF INSURANCE POLICY NUMBER IMld/DD/YYYY\ IMMIDD/YYYYl l LIMITS ! COMMERCIAL GENERAL LIABILITY' s xxxxxxx ! NOT APPLICABLE J EACH OCCURRENCE ··-· r i .. ' . J Cl.AIMS-MADE [] OCCUR- ·oAMAG"!:11'.HiENlEo--··. s xxxxxxx -!'J<EMISES ,Ea occurrence} MED EXP (Any one person) sXXXXXXX G:-~,i;::~l5E ~~g; ;t=i ~:;= PERSONAL & ADV INJURY . s xxxxxxx_. GENERAi. AGGREGATE s x:xxxxxx ' PRODUCTS. COMP/OP AGG s XX.?Q{,X]5:X___ • OTHER: I i s AUTOMOBILE LIABILITY NOT APPLICABLE Cv,~BINED SINGLE LIMIT ... sxxxxxxx -~--JS?.~¥.tidenl) I\NYAIJTO BODILY INJURY (Per person) s xxxxxxx ~ OWNED -SCHEDULED ---. '_, ____ ,_..-" -· ---~·•---· AUTOS ONLY AUTOS OODILY INJlJRY (Per accldonl) s xxxxxxx --HIRED ---NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (f'er .. ~.c.,J.derol} . s xxxxxxx -·-Is XXXXXXX UMBRELLA LIAB tJ OCCUR NOT APPLICABLE EA.CH OCCURRENCE $ xxxxxxx -·-· EXCES Is LI_A rB;~~I ...... -· .. i .. ~~l~~'?.:tA.!'g.1: AGGREGATE $ xxxxxxx -i -···-·--·-·---.. OED RETENTIONS $ xxxxxxx WORKERS COMPENSATION NOT APPLICAl3LE PER l I ~;ri• AND EMPLOYERS' LIABILITY YIN .. )l.T}',1UTE I ... ···--···- ANY PROPRIETOR/PARTNER/EXEClJTIVE □ NIA E.L. EACH ACCIDENT s xxxxxxx OFFICERn~EMBER EXCLUDED'l ---·----··---·· -· (Mandatory In NH) E.l. DISEASE· EA EMPLOYEE s x.xxxxxx_ glst~r;.;rg~ ~~c{PERATIONS below E.L. DISEASE. POLICY LIMIT s xxxxxxx A ARCH &ENG N N 061853691 6/l/2017 6/112018 PER CLAIM: $1,000,000 l'ROFESSIONA I. AGGREGATE: $1,000,000 LIABILITY DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES (ACORD 101, Addtttonal Romarks Schedule, may be attached If moro space ls rt1quired} ON-CALL WATL1R ENGINEERING & l'ROFESSJONAL CONSULTING SERVICES APPROVED AS TO FORM sy:~~\lol,t, CERTIFICATE HOLDER 15288761 City of Huntington Beach Attention: Duncan Lee 2000 Main Street Huntington Beach CA 92648 ACORD 25 (2016/03) MICHAEL E, GATES CITY ATTORNEY crrv Of' HUNTINGTON BEACH CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, The ACORD name ancl logo are registered marks of ACORD 324 398 1 2 3 4 5 6 7 8 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND HOR ENGINEERING, INC. FOR ON CALL WATER AND ENGINEERING SERVICES Table of Contents Scope of Services ..................................................................................................... 1 City Staff Assistance ................................................................................................ 2 Term; Time of Performance ..................................................................................... 2 Compensation .......................................................................................................... 2 Extra Work ............................................................................................................... 2 Method of Payment .................................................................................................. 3 Disposition of Plans, Estimates and Other Documents ........................................... 3 Hold Harmless ......................................................................................................... 3 9 Professional Liability Insurance ............................................................................ .4 10 Certificate of Insurance ............................................................................................ 5 11 Independent Contractor ............................................................................................ 6 12 Termination of Agreement ....................................................................................... 6 13 Assignment and Delegation ...................................................................................... 6 14 Copyrights/Patents ................................................................................................... 7 15 City Employees and Officials .................................................................................. 7 16 Notices ......................................................................................... 7 17 Consent .................................................................................................................... 8 18 Modification ............................................................................................................. 8 19 Section Headings ..................................................................................................... 8 20 Interpretation of this Agreement .............................................................................. 8 21 Duplicate Original .................................................................................................... 9 22 Immigration ............................................................................................................... 9 23 Legal Services Subcontracting Prohibited ................................................................ 9 24 Attorney's Fees .......................................................................................................... 10 25 Survival ..................................................................................................................... 10 26 Governing Law ......................................................................................................... I 0 27 Signatories ................................................................................................................. 10 28 Entirety ...................................................................................................................... 10 29 Effective Date ................................................................................. 11 325 399 Aiv!ENDMENT NO. I TO PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND HDR ENGINEERING, INC. FOR ON CALL WATER AND ENGINEERING SERVICES THIS A/v!ENDl..-!ENT is nwdc and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinalter referred to as "CITY," and HDR Engineering, Inc. a Nebraska Corporation, hcreinalicr referred to as "CONSULTANT." WHEREAS. CITY and CONSULTANT arc parties to that certain agreement, dated i'vlay 21, 2018 entitled "Professional Services Contract Between the City of Huntington Beach and HDR Engineering. Inc., for On-Call Water and Engineering Services'' which agreement shall hereinafter be referred to as the "Original Agreement," and CITY and CONSULTANT wish to amend the Original Agreement to extend the term of the agreement: NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: I. EXTENSION OF TERM J\grccmrnl is hereby extended for one (I) year and will expire on May 18, 2022. 2. R[AFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. 21-9453/24 7665 400 WI E WI IEREOF. th e partie hereto ha c cau cd thi s agreement to be executed by their authori.,ed officers o n ___ A..:..p_r _il_2_2_n_d _______ . 2021. C01 LTA T. CITY OF H T GTO B EAC H. a municipal corporation of the IIDR Engineering, In c. alifomia pnnt name IT : (c1rc:le one) Chaimlan/Prc idcn ~ Pre rdcn0 APPROVED A TO FORM: Date ---------------pn nt name IT : (c,r~I~ on, n~hictTm.mcial Otliccr ,\,,,1 'ieaclar) -I rcasurer RECEIVE D FILE: City !erk Date __ '-1._!..,./.z~z/_Z....:..O.Z....:..I.___ __ _ 21-9453 24 7665 2 401 ACORD"' CERTIFICATE OF LIABILITY INSURANCE I DATE (MWDDIYYYY) i.......----6/11202 I 5/20/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY ANO CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BElWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the cortlflcate holder Is an ADDITIONAL INSURED, the pollcy{les) must have ADDITIONAL INSURED provisions or bo ondorsod. If SUBROGATION IS WAIVED, subject to the terms and conditions of tho policy, certain pollclos may roqulro on ondorsomont. A statomont on lhls cortiflcato does not confer rights to tho cortlflcato holder In llou of such ondorsomontis). PRODUCER Lockton Companies ... u .. , ..... , NAME· 444 W, 47th Street, Suite 900 PIIONC I~"-'· WC..Ho... Kansas City MO 64I I 2~ 1906 ~rt!~s•· (816)960-9000 INSURERt51 AFFORDING COVERAGC NAICI 1NsuRER A: I ,!';;x.ingto11_J_nsurnnc.c_C_ompany 19437 INSURED HlJR ENOJNEERrNG, rNC. INSURER 6: 1429583 I 917 SOUTH 67TH STREET INSURER C: OMAHA NE 68106 INSURER D: INSURER E: INSURER F: COVERAGES ' CERTIFICATE NUMBER· 14718876 REVISION NUMBER· xxxxxxx THIS IS TO CERTIFY THAT THE POt\CIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTVYITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF NJY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO \VHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO All THE TERMS, EXCLUSIONS ANO CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN HEUUCED BY PAID CLAIMS. 1NSR TYPf. 0, INSURA.-:CE Abt>L ~_UeRI -POllCY.EfF--;-~oCfcv EXP LIMITS LTR POLICY NUMBER COMMERCIAL GENERAL LIABIUlY NOT APPLICAHI.E EACH OCCURAENCE s xxxxxxx -=i Cl.AIMS•W..OC □ OCCUR ~~WeJ9/'°'~'"7Ao • -s xxxxxxx WED EXP (A,ny on• 0ar1on) 'xxxxxxx -PERSONAL & ADV INJLRY s xxxxxxx - :: GCltn. AOOREOAlE LL'JU APPL.JCS PER: GENERAL AGGREGATE s xxxxxxx □PRO-□ PROOUCTS -COUP/OP AOO 'xxxxxxx POUCY JECT LOC OTHER: s AUTOMOlllLI: LIABILITY NOr APPLICABLE fE-;~~~~11 IT s xxxxxxx -ANY AUTO BOOIL Y INJURY (Pu pt™>n) s xxxxxxx I-OWNCO -OCHCOULEO OOOIL Y INAJRY (Per acddal'll) s xxxxxxx -AUTOS 0.'lll Y ,_ AUTOS HIREO NON-O'NNED APPROVED AS OFORM I ;p~?:~ru:~RNJAGI: s xxxxxxx AUTOS 0.'llLY AUTOS ONLY I--,,.--, s xxxxxxx -" ,. UMSRELLA LIAB !~OCCUR NOT APPLl(i)'1,E EACH OCCURRENCE s xxxxxxx -£XCE:S6 LIAB Cl.AIMS·MAOE MICHAEL E, GATES AGGREGATE s xxxxxxx OED I I RETENTION s CITY ATTO~NEY s xvxxxxx WORKeRS COMPENSATION NOT APPLICABLfl • I s"'· ~· I I ~J"· ANO EMPlOYERS' LIADILIT'I' YIN ANY PROPltlETOPJPARTKF.RIEXECUTIVE D E.L. EAOi ACCIDENT s xxxxxxx OFFICEM.IEMSER EXCLUOE01 NIA s vvvxxxx (Me11d1tcry In Nii) E.L. D1SFASF. -EA EMPLOYEI grs~~f>sr'IO~ cW;PERAllONS be!ow EL DISEASE-POLICY LWIT s XYXXXXX A ARCH&ENG / " N 061853691 6/1/2020 6/112021 PEil CLAIM; S\,000,000 PROFBSSIONA~ AGGREGATE: $1,000,000 LIABILIT.Y,·J.·:-:.i DESCRIPTIOH OF OPERATIONS I LOCATIONS /VEHICLES '-"CORO 101, Addlt1011•I Rem•h Schtdult, rntybt 1U.11Ch1d II mon 1111011 rtqulml) AS-NEED CORROSION ENGINEERING SERVICES, CERTIFICATE HOLDER CANCELLATION 14718876 CITY OF HUNTINGTON BEACH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ATTN: ANDREW FERRIGNO THE EXPIRATION DATE THEREOF, NOTICS WILL BE DELIVERED IN ACCOROANC[: Willi THE POLICY PROVISIONS. 2000 MAIN STREET IIUNTINGTON BEACl·I CA 92648 .A.UTHORIZEO REPRESEMTATI L111/4.& ' <Cl 19BIM 015 ACORD CORPORATION. All rights resorvod. ACORD 25 (2016/03) Tho ACORD namo end logo aro registered marks of ACORD 402 Pa,;ia l of 2 ABRD"' CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIOOIYY'YY) 05/19/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: II tho certificate holder Is an ADDITIONAL INSURED, tho pollcy(los) must havo ADDITIONAL INSURED provisions or bo endorsed. If SUBROGATION IS WAIVED, subject to tho torms and conditions of tho pollcy, certain policies may roqulro an ondorsomont. A statement on this cortlflcnto does not confer rights to tho cortlflcato holder In llou of such endorsomonl(s). PRODUCER E~~~CT Willia Tow-ora Watl!lon Cortifioat• Cantor Willia Towora Wataon Midwoat, Inc. P~SJN~ ... _ If~ ... 1-888-461-2378 o/o 26 Cuntu~y Blvd l-877-945-7378 P.O. Bo11 305191 ~~~ ..... oortifioato•Gwillia. com tJa11hvill•, TN J"/2305191 USA IHSURERfSl A.FFOROIKO COVERAGE. HAIC• INSURER A: l,iberty Hut.ual Fire Innur.-nco Coi=p.any 23035 INSURED INSURER B: Ohio Ca•ualty Ineuranca co~peny 24014 HDR. Enqine•dnq, Irie. \911 !louth 67th Stc••t INSURER C: Liborty Ineurance corporation 42404 Oio,.aha-, N1! 68106 INSURER C: INSUR.ERE: INSURER F: COVERAGES CERTIFICATE NUMBER-Wl64Bll93 REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO lHE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTV.'TTHSTANOING ANY REQUlREMENT, TERM OR COND1110N OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCF. AFFORDED BY THE POLICIES DESCRIBED HEREIN 1S SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE RF.EN REDUCED BY PAID CLAIMS. 'NW TYPE OF INSURANCE POLIC't' EFF 1~0LICY E;itP LIMJT8 POLICY NU~BER M X COMMERCIAL GENERAL LIA.SILITY E"ACH OCCUAA:t:NC€ I 2,000,000 -0 CLA1~$-MADE 0 OCCUR ~~3f:.~i 0-""" '~"-n I 1,000,000 ~ A X Contraotuol ~iob111ty MEO f)(P fA.nv on, IMlrsOIII ' 10,000 ~ y y TD2-641-444950-0JO 06/01/2020 06/01/2021 PERSONAL & AOV IN.nJRY ' 2,000,000 - ~ OEN1.. AGGREGATE LIMIT APPLIES PER: QENERALAOOREOATE I 4,000,000 POUCY 0 ~g 0 LOC PRODUCTS • COMP/OP AGO I 4,000,000 OTHER: I AVTOMOBILeLIAOILIT't' ~M~J:~.~IN1.>lc. LIMIT I 2,000,000 -X ANY AUTO BOOIL Y INJURY {P11r r:,4rtOll) $ A ~ OWNED -SCHEOUL.EO y ' AS2-641-444950-040 06/01/2020 06/01/2021 IK>O!L Y INJUR't' (Pci aeciGoril) s -AUTOS ONLY -AUTOS HIRED NON-OwNEO PR...,,..ERTY DA.MAGE I -AUTOSONlY -AUTOS O«LY I B UMBRELLA LIAO p-lOCCUR EACH OCCURRENCE ' 5,000,000 ~ X l:XCl!SSLIAO CLAJM$-MADE y ' £00(21)57019363 06/01/2020 06/01/2021 AGGREGATE l !1,000,000 OED I XI RE.TEKTION1 0 $ WORKERS COMPENSATION x I ;f:1 ,,,. .. I / £>JH· ANO EMPLOYERS' LIABILITY YIN C AN'fPROPRlElOR/PARTNERIEXECUTIVE El E.L EACH ACCIDENT I l, 000, 000 OFFICERJUEMBER EXCLUOE01 H/A y WA7-640-444950-010 06/01/2020 06/01/2021 (Mamblory 111 NH) f:.L DISF.ASF.. EA F.Mf"l.OYEE s 1,000,000 ~~=&~ ~C)Pl:"RAliONS below A AC n-E"(i)fiM..se. POLICY LIMIT I l,000,000 • I \. -----(ly:, ICHAeL E,' ATES ' OESCHIPTION OF OPERATIONS I LOCAllONSIVEHICUCS (ACORD 101, Additional Rtmart., Schfl:11111, m•~ ba ,ttachtd II morG~l¥, ft~A~H Curtifioate Holdur ia nomud aa Additional Insured on Genural Lia.biliK~,~Gf~b\t\T~~Ci1Q~r t and Umbrolla Liability on a primary, non-contributory bauia whera rGq"Uirad by written contract. Waivur of Subrogation applies ori General Liability, Automobilo Liability, Umbrella Lio..bility and Workora Compensation whore roquirod by written oontraot. !Jinhrulla policy follolfs form. o! the underlying General Liability, Automobile Liobility, Employara Liability, Re: Corrosion Services CP Tastin,;i and Maintonanoe of Pipelina Elaotrioal Continuity at Overmyer Reservoir Unit No. 3 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF TliE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Huntin,;iton Beach Attn: Brian Eynon AUTHORIZED Rl!PRESENTA nve 2000 H.A1n Stcoot ~l!,..,.tk, Huntirigton Boaoh, CA 92648 © 1988-2016 ACORD CORPORATION, All rights reserved. ACORD 25 (2016103) Tho ACORO name and logo mo roglstorod marks of ACORD IR JC: 19631312 IIJ\.TCHi 1684684 403 ~ ACORD"' .__.., AOENCY Willit1 Toworo Watoon MidWO!lt, POLICY NUMBER ,_ Pa90 1 CARRIER Sao Pago 1 ADDITIONAL REMARKS tno. AGENCY CUSTOMER ID: _________________ _ LOC ti: _______ _ ADDITIONAL REMARKS SCHEDULE Page 2 of 2 NAMED INSURED HOR Enqin••rino, Ina. l'iH7 South 67th Str••t Omaho., NE 6810& INAIC CODE Sc;io Pago 1 EFFECTIVE DATE: Sao Pago l THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Cort.ific,ato of Liability Im1uranco Pumpint Plant, Additional Insureds: Tho City of Huntington Beach, It'& Officers, tlootod or Appointod 0£ficiala, EmployooP, Agonta imd Voluntoex:9. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights rosorvod. The ACORD namo and logo aro roglstorod marks of ACORD SR IP: 19631312 BATCH: 1684684 CERT: H'l6481193 404 Polley Number: TB2-641-444950-030 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED LOCATION($) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Locatlon(s): All locations owned by or ronted to tho Named lnsurod Information required lo complete !his Schedule, if no! shown above, will be shown in the Declarations. A. For all sums which the insured becomes legally obligated to pay as damages caused by "occur- rences" under Section I -Coverage A, and for all medical expenses caused by accidents under Section I -Coverage C, which can be allribuled only lo operations al a single designated "loca- tion" shown in the Schedule ebove: 1. A separate Designated Location General Aggregate Limit applies lo each designated "location", and Iha! limit is equal lo !he amount of the General Aggregate Limit shown In !he Declarations. 2. The Designated Location General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, except damag- es because of "bodily injury'; or "property damage" included in the "products-completed operations hazard", and for medical expenses under Coverage C regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated Loca- tion General Aggregate Limit for that desig- nated "location". Such payments shall not re- duce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Location General Aggre- gate Limit for any other designated '1ocalion" shown in the Schedule above. 4. The limits shown in !he Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue 10 apply. However, instead of being subject to the General Aggregate Limit shown in the Decla- rations, such limits will be subject to !he appli- cable Designated Location General Aggre- gate Limit. CG 25 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 2 405 8. For all sums which the insured becomes legally obligated to pay as damages caused by "occur- rences" under Section I -Coverage A, and for all medical expenses caused by accidents under Section I -Coverage C, which cannot be at- tributed only to operations at a single designated "location" shown in the Schedule above: 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limil or the Products-completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Desig- nated Location General Aggregate Limit. C. When coverage for liability ansing out of the "products-completed operations hazard" is pro- vided,. any payments for damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard" will reduce the Products-completed Operations Ag- gregate Limit, and not reduce the General Ag- gregate Limit nor the Designated Location Gen- eral Aggregate Limit. D. For the purposes of this endorsement, the Defi- nitions Section is amended by the addition of the following definition: "Location 11 means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. E. The provisions of Section Ill -Limits Of Insur- ance not otherwise modified by this endorsement shall continue to apply as stipulated. Page 2 of 2 © Insurance Services Office, Inc., 2008 CG 25 04 05 09 406 Polley Number: TB2-641-444950-030 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Project(s): All construction projects not located ot premises owned, leased or rented by a Named Insured lnformalion required to complete this Schedule, if not shown above, will be shown in the Declaralions. A. For all sums which the insured becomes legally obligated to pay as damages caused by "occur- rences" under Section I -Coverage A, and for all medical expenses caused by accidents under Section I -Coverage C, which can be attributed only to ongoing operations al a single designated construction project shown in the Schedule above: 1. A separate Designated Construction Project General Aggregate Limit applies to each des- ignated construction project, and that limit is equal to the amount of the General Aggregate Limit shown In the Declarations. 2. The Designated Construction Project General Aggregate Limit Is the most we will pay for the sum of all damages under Coverage A, ex- cept damages because of "bodily injury" or "property damage" included in the "products· completed operations hazard", and for medi• cal expenses under Coverage C regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated Con- struction Project General Aggregate Limit for that designated construction project. Such payments shall not reduce the General Ag· gregate Limit shown in the Declarations nor shall they reduce any other Designated Con- struction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Decla- rations, such limits will be subject lo the appli- cable Designated Construction Project Gen- eral Aggregate Limi\. CG 25 03 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 2 □ 407 B. For all sums which the insured becomes legally obligated to pay as damages caused by "occur- rences" under Section I -Coverage A, and for all medical expenses caused by accidents under Section I -Coverage C, which cannot be at- tributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Desig- nated Construction Project General Aggre- gate Limit. C. When coverage for liability arising out of the "products-completed operations hazard" is pro- vided, any payments for damages because of "bodily injury" or "property damage" included in lhe "products-completed operations hazard" will reduce the Products-completed Operations Ag- gregate Limit, and not reduce the General Ag- gregate Limit nor the Designated Construction Project General Aggregate Limit. D. If the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contract- ing parties deviate from plans, blueprints, de- signs, specifications or timetables, the project will still be deemed to be the same construction pro- ject. E. The provisions of Section Ill -Limits Of Insur- ance not otherwise modified by this endorsement shall continue to apply as stipulated. Page 2 of 2 © Insurance Services Office. Inc., 2008 CG 25 03 05 09 408 POLICY NUMBER: TB2-641-444950-030 COMMERCIAL GENERAL LIABILITY CG 20 10 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS-SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule. but only with respect to liability for "bodily injury"", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) al the location(s) designated above. However: 1. The insurance afforded to such additional Insured only applies to the extent permitted by law; and 2. If coverage provided to the additional Insured is required by a c onlract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. Thal portion of "your work" out of which the injury or damage arises has been p ut to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded lo these additional insureds, the following is added to Section Ill -Limits Of Insurance: If coverage provided lo the additional insured is required by a contract or agreement, the most we will pay on b ehalf of the additional insured is the amount of insurance: 1. Required by 1110 contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20100413 © ISO Properties, Inc., 2012 Page 1 of 2 D 409 Name Of Additional Insured Person(s) Or Oraanlzatlon(sl City of Huntington Beach Its officers, elected or appointed officials, employees 1 agents and volunteers 2000 Main Street Huntington Beach, CA 92648 SCHEDULE Locatlon(s) Of Covered Operations lnformalion required to complete this Schedule, if not shown above, will be shown In the Declarations. CG 20 10 0413 © Insurance Services Office, Inc., 2012 Page 2 of 2 410 POLICY NUMBER: TB2-641-444950-030 COMMERCIAL GENERAL LIABILITY CG 20 37 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or OrAanlzatlon(sl Location And Description Of Completed Operations ity or Huntington Beach ts officers. elected or appointed officials, employees, agents and volunteers 2000 Moln Slreat Huntington Beach, CA 92648 lnformalion required lo complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amended to include as an additional Insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-<:ompleted operations hazard". However: 1. The insurance afforded to such additional Insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B, With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance; If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is lhe amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown In the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 37 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 411 Policy Number TB2-641-444950-030 Issued by Liberty Mutual Fire Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE AMENDMENT -SCHEDULED ADDITIONAL INSURED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART Schedule Person or Organization: Where required by written contract. If you are obligated under a written agreement lo provide liability insurance on a primary, excess, contingent, or any other basis for any person or organization shown in lhe Schedule of this endorsement that qualifies as an additional insured on this policy, this policy will apply solely on the basis required by such written agreement and Paragraph 4. Other Insurance of Section IV -Conditions will not apply. If the applicable written agreement does nol specify on w hat basis the liability insurance will apply, the provisions of Paragraph 4. Other Insurance of Section IV -Conditions will govern. However, this insurance is excess over any other insurance available to the additional insured for which it is also covered as an additional insured by attachment of an endorsement to another policy providing coverage for the same "occurrence", claim or"suit". LC24200213 <I:> 2013 Liberty Mutual Insurance. All rights reserved. Page 1 of 1 lnciudes copyrighted material of Insurance Services Office, Inc., with its permission. 412 POLICY NUMBER: AS2-B41-444950-040 COMMERCIAL AUTO CA 20481013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under lhe following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by lhis endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organizalion(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not aller coverage provided in the Coverage Form. SCHEDULE Name Of Person(s) Or Organlzatlon(s): As required by wIitten contract Information required to complete this Schedule, If not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who ls An Insured provision contained in Paragraph A.1. of Section II - Covered Autos liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I -Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 413 Policy Number: AS2-641-444950-040 Issued by: I.ibcr.ty Mutual t .. ire Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED -NONCONTRIBUTING This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIERS COVERAGE FORM TRUCKERS COVERAGE FORM Wilh respect to coverage provided by this endorsement. the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organtzatlon(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage fonn. Schedule Name of Person(s) or Organizations(s): Any per::;on o!" organization h'here the Named In~rnreci has agreed by wr:-itten contract to include such person or organization Regarding Designated Contract or Project: Any Each person or organization shown in the Schedule orthis endorsement Is an "insured" for Llablllty Coverage, but only to the extent that person or organization qualifies as an "Insured" under the Who Is An Insured Provision conlained in Section II of the Coverage Form. The following Is added to the Othor Insurance Condition: If you have agreed in a written agreement that this policy will be primary and without right of conlribulion from any Insurance in forco for en Additlonal Insured for nability arising out of your operations, and the agreement was executed prior to the Nbodily Injury" or "property damage", then this Insurance will be primary and we will not seok contribution from such insurance. AC 84 23 0811 @ 2010, Liberty Mutual Group of Companies. All rights reserved. Includes copyrlghled material of Insurance Services Office, Inc., with its pem,isslon. Page 1 of 1 414 POLICY NUMBER: TB2-641-444950--030 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: As required by written contract or agreement Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us or Section IV -Conditions: We waive any right or recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out or your ongoing operations or "your work" done un der a contract with that person or organization and included in the "products- completed oparalions hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 415 POLICY NUMBER: AS2-641-444950-040 COMMERCIAL AUTO CA 04441013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies Insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. SCHEDULE Name(s) Of Person(s) Or Organlzatlon(s): Any person or organization for whom you perfo1m work under a written contract of the contract requires you to obtain this agreement from us but only if the contract is executed prior to the Injury or damage occurring. Information required to complete this Schedule, if nol shown above, will be shown in lhe Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply lo lhe person(s) or organizalion(s) shown in the Schedule, but only to the exlenl lhal subrogation is waived prior lo the "accident" or the "loss" under a c onlract with lhal person or organization. CA 04441013 © Insurance Services Office, Inc., 2011 Page 1 of 1 416 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an Injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you lo obtain this agreement from us.) This agreement shall not operate dlreclly or indireclly to benefit anyone not named In the Schedule. Schedule Where required by contract or written agreement prior to loss. Issued by:llberty Insurance Corporation For allachmenl to Polley No WA7-64D-444950-010 Effeclive Dato 06101/2020 $ lr.suoel to:HDR Engineering, Inc. WC 00 0313 Ed. 4/1/1984 © 1983 National Council on Compensation Insurance, Inc. Page 1 of 1 Premium 417 Policy Number TB2-641-444950-030 Issued by Liberty Mutual Fire Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION OR MATERIAL REDUCTION IN COVERAGE TO THIRD PARTIES This endorsement modifies Insurance provided under the following: BUSINESS AUTO COVERAGE PART MOTOR CARRIER COVERAGE PART GARAGE COVERAGE PART TRUCKERS COVERAGE PART EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART SELF-INSURED TRUCKER EXCESS LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART COMMERCIAL LIABILITY -UMBRELLA COVERAGE FORM Schedule Name of Other Person(s) I Email Address or malling address: Oraanlzatlonlsl: Per Schedule on File Number Days Notice: 30 A. If we cancel this policy for any reason other than nonpayment of premium, or make a material reduction in coverage, we will notify the·persons or organizations shown In the Schedule above. We will send notice to the email or mailing address listed above at least 10 days, or the number of days listed above, if any, before the cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. B. This advance notification of a pending cancellation or material reduction of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. All other terms and conditions of this policy remain unchanged. LIM 99 04 0314 © 2014 Liberty Mutual Insurance. All rights reserved. Page 1 of 1 lndudes copyrighted material or Insurance Services Office, Inc., with its permission. 418 Policy Number AS2-641-444950-040 Issued by Liberty Mutual Fire Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION OR MATERIAL REDUCTION IN COVERAGE TO THIRD PARTIES This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART MOTOR CARRIER COVERAGE PART GARAGE COVERAGE PART TRUCKERS COVERAGE PART EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART SELF-INSURED TRUCKER EXCESS LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART COMMERCIAL LIABILITY -UMBRELLA COVERAGE FORM Schedule Name of Other Person(s) I Email Address or mailing address: Oraanlzatlonfs): Per Schedule on FIie Number Days Notice: 30 A. If we cancel lhis policy for any reason other than nonpaymenl of premium, or make a malerlal reduction in coverage, we will nolify the persons or organizalions shown in lhe Schedule above. We will send notice to the email or mailing address listed above at leas! 10 days, or the number of days listed above, if any, before the cancellation becomes effective. In no event does the notice to the third party exceed lhe nolice lo lhe first named insured. B. This advance notification of a pending cancellation or material reduction of coverage is intended as a courtesy only. Our failure to provide such advance nolificalion will nol extend the policy cancellalion dale nor negate cancellation of the policy. All olher terms and condilions of this policy remain unchanged. LIM 99 04 03 14 <0 2014 Liberty Mutual Insurance. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with Its permission. 419 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF MATERIAL CHANGE We will not make changes that reduce the insurance afforded by this policy until written notice of such reduction has been delivered to those scheduled below at least M) days before the effective date of the material change to the insurance afforded by this policy. Our failure to provide notice under this endorsement will not affect the validity of the changes except as it relates to the person or organization listed below. NAME ADDRESS As required by written contract or writlen agreement In no event will the notification be less than the minimum days required for notification by state statute. Notification will be provided to all parties In a manner as required by state statute, if any. This endorsement Is executed by the Liberty Insurance Corporation Premium: Effective Date: 06/01/2020 E,:plration Date 06101/2021 For attachment lo POiicy No: WA7-640-444950-0t0 WC 99 20 15 Page 1 of 1 Ed. 09/01/2010 Countersigned bY---~~~-~--~.,,.-.,--- Auth01lzed Representative End. Serial No. Copyright 2010 Liberty Mutual Group of Companies. All Rights Reserved 420 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY 20 74 NOTICE OF CANCELLATION TO THIRD PARTIES WC99 Ed. 12-16 A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule below by email as soon as practical after notifying the first Named Insured. B. This advance email notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. Schedule Name of Other Person(s) I Organlzatlon{s): As required by wrilten contract or agreemenl 30 Days Ali other terms and conditions of this policy remain unchanged. Issued by Liberty Insurance Corporation For attachment to Policy No. WA 7-64D-444950-010 Effective Date 06/01/2020 Premium$ issued to HOR Engineering, inc. 421 CITY OF HUNTINGTON BEACH Pub ]ic Works D e partme nt March 22, 202 1 Attn: Kip Fiel.d II DR Engineering, Inc . 3230 El Camino Real, uite 200 Irvine, CA 92602 51.'Jn Crumby, PC Dir l'C t o r o f Publi c \\'o ri..~ 03/\l3J3~ tlOl 6 Z ~'t~I ~C-1 RE : Amendment o . I to Professional ervice Contract bemeen the City oflluntington Beach and HOR Engi neerin g, Inc. The C ity of Huntington Beach wishes to extend the duration of the existing on call service contract between I IDR Engi neerin g, Inc. and the City. Our legal services have drafted the attached amendment to extend the duration by one year, the maximum allowed per City code. Please review, sign, and return the original wet copy to the below address: Attn: Keegan Olds Public Works Department 2000 Main treet 111 Floor City Hall Huntington Beach, CA 92648 lf)OU have any questions please feel free to call me at 714-375-5118. Thank you , Keegan Olds Associate E ngineer City of Huntington Beach 2000 Main Street, California 92648 ♦ Phone 714-536-5431 • www .huntingtonbeachca .gov 422 CERTIFICATE The undersigned hereby certifies that she is the Assistant Secretary of HOR Engineering , Inc., a Nebraska corporat ion (the "Corporation•), and that , as such , has custody of the minute books of the Corporation , and that , by Consent and Agreement of the Board of Directors, the foll owing resolution was una nimously adopted : "RESOLVED, that effective immed iate ly , and until termination of sa id individual from the Corporation , or until recision by the Corporation's Board of Directors, wh ichever occurs first , the following ind ividuals are hereby granted the nondelegable authority to execute or approve on beha lf of the Corporation , contracts , amendments or change orders for enginee ri ng services and architectura l services incidental to engineering services to be rendered by the Corporation , . . . , or releases of cla im or hen in con nection with s uch services , such contracts, amendments , change orders or re leases so executed o r approved shall be bi nd ing upon the Corporation : ... Kip 0 . Field -Sen ior Vice President .. ." The unders igned further certifies that the foregoi ng resolution has been spread in full upon the minute books of the Corporation and is in full force and effect. DA TED January 7, 2020 . (CORPORA T E SEAL ) 423 City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 April 22, 2021 Mr. Sean Crumby Director of Public Works City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Subject: As Needed Professional Service Contract Extension for HDR Engineering Inc., and Pacific Advanced Civil Engineering Inc. The professional service contracts between HOR Engineering Inc. (HOR), and the City of Huntington Beach commenced on May 21, 2018. This contract was for a three year term, with a contract limit not to exceed $1,000,000. To date purchase orders toward this contract total $390,050. HOR is acting as a technical advisor for the City of Huntington Beach regarding the ASCON Site. The professional service contracts between Pacific Advanced Civil Engineering Inc. (PACE) and the City of Huntington Beach commenced on May 21, 2018. This contract was for a three year term, with a contract limit not to exceed $1,000,000. To date purchase orders toward this contract total $380,006. Presentably PACE is providing consulting services for the Peck Reservoir Security project, which is entering the second phase in fiscal year 21/22. The Public Works Department has requested a one year extension of these contracts in accordance with Section 303.120 of the City of Huntington Beach Municipal Code. This section allows the City Manager to authorize, in writing, that professional service agreements be amended to extend an agreement beyond three years not to exceed four years. The City Manager's Office has examined this request and found it to be reasonable and provides consent to extend the contracts between HOR and PACE, Oliver Chi City Manager City of Huntington Beach Attachments: HDR Amendment 1, with approved insurance PACE Amendment 1 with approved insurance 424 MEETING DATE: 5/21/2018 Dept. ID PW 18-017 Page 1 of 3 /tPPf<.CJ 1/€1) s:t3 ~~/21/2018 ( ~SEl-16/A-11:BSENT) CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Travis K. Hopkins, PE, Director of Public Works SUBJECT: Approve and authorize execution of Professional Services Contracts for On Call Water and Engineering Services with GHD, Inc., Pacific Advanced Civil Engineering (PACE), Inc., HOR Engineering, Inc., and SA Associates, each in an amount not to exceed $1,000,000 Statement of Issue: The Public Works Department requires on-call/as-needed water and other engineering services to support staff for the design of capital improvement projects which are identified in the approved Water Master Plan. Financial Impact: The City's FY 2017/18 Capital Improvement Program (CIP) Budget totals $28 million (All Funds) for approved projects citywide. Each approved CIP project has a budget containing sufficient funding for design, environmental, engineering, construction, project management and other required costs. The four (4) recommended water and engineering service contracts have a maximum value of $4 million over the next 3 years and will be funded on an as-needed basis within each project's individual CIP budget. As such, no additional funding is required by this action. Recommended Action: A) Approve and authorize the Mayor and City Clerk to execute $1,000,000 "Professional Services Contract Between the City of Huntington Beach and GHD, Inc. for On Call Water and Engineering Services;" and, t S~€' SEP~ Pit£ B) Approve and authorize the Mayor and City Clerk to execute $1,000,000 "Professional Services Contract Between the City of Huntington Beach and Pacific Advanced Civil Engineering, Inc. for On Call Water and Engineering Services;" and,'¼ S6£ ~£]>Al2.A"f£ FIL£ I C) Approve and authorize the Mayor and City Clerk to execute $1,000,000 "Professional Services Contract Between the City of Huntington Beach and HOR Engineering, Inc. for On Call Water and Engineerin,g Services;" and, D) Approve and authorize the Mayor and City Clerk to execute $1,000,000 "Professional Services Contract Between the City of Huntington Beach and SA Associates for On Call Water and Engineering Services." , SEE s~~~ ~\l-£' Alternative Action(s): Do not authorize the contracts and direct staff with an alternate action. Budgeted Capital Projects could be delayed until new contracts are approved. Item 15. - 1 HB -214- 425 Dept. ID PW 18-017 Page 2 of 3 Meeting Date: 5/21/2018 Analysis: On November 28, 2017, the City advertised a Request for Qualifications ("RFQ") for On-Call Engineering and Professional Consulting Services. Proposals were requested and submitted in compliance with Chapter 3.03 of the Huntington Beach Municipal Code. Eighteen (18) proposals were received for water and engineering services. In accordance with a qualifications based selected procurement per the Federal "Brooks Act," State SB 419, and the City of Huntington Beach Municipal Code Section 3.03 "Professional Services" the Public Works Department established a review board. Proposals were evaluated and ranked by a three (3) member panel review team established by the Public Works Department. The reviewers were a Senior Civil Engineer, an Associate Civil Engineer, and an Engineering Aid. After conducting the entire evaluation process, including negotiation for competitive rates, the top four (4) firms were selected to increase opportunity for competitive proposals for future projects from qualified on call consultants, and they are GHD, Inc., Pacific Advanced Civil Engineering (PACE), Inc., HOR Engineering, Inc., and SA Associates. Summary of evaluation sheets for the top four (4) firms, and the fifth (5 th ) firm not selected are shown in Attachment 5. The contracts recommended in this Request for Council Action (RCA) are to support staff for water and design engineering of capital improvement projects. These services have historically been utilized to supplement City staff to meet annual CIP goals, as an extension of staff and/or to provide required expertise for unique projects. It is anticipated that these services will be required based on past years. Each project is evaluated on a case-by-case basis to determine if these as-needed contract services are necessary. The City's Capital Improvement Program ("CIP") is approximately $24.6 million in Fiscal Year 2017/18 and exceeds $28 million with continuing of funds for projects approved from previous years. In addition, the proposed Fiscal Year 2018/19 CIP totals $24.7 million in new projects. Typical design and construction support costs from use of consultants on a CIP project can vary between ten (10) to twenty (20) percent of total costs for a CIP project. Therefore, it is practical to conservatively estimate minimum annual consultant costs would be approximately $2 million to the City for total CIP projects or $6 million within the next three (3) years. Water and engineering services are typically required for water related CIP projects. Therefore, these consultants were selected to meet projected workload over the next three years with a total contract limit of $4 million. Public Works Commission Action: Not applicable. Environmental Status: Not applicable. Strategic Plan Goal: Enhance and Maintain Infrastructure. Attachment(s): 1. "Professional Services Contract Between the City of Huntington Beach and GHD, Inc. for On Call Water and Engineering Services" 2. "Professional Services Contract Between the City of Huntington Beach and Pacific Advanced Civil Engineering, Inc. for On Call Water and Engineering Services" 3. "Professional Services Contract Between the City of Huntington Beach and HOR Engineering, Inc. for On Call Water and Engineering Services" HB -215-Item 15. - 2 426 Dept ID PW 18-017 Page 3 of 3 Meeting Date: 5/21/2018 4. "Professional Services Contract Between the City of Huntington Beach and SA Associates for On Call Water and Engineering Services" 5. Professional Service Award Analysis for GHD, Inc., Pacific Advanced Civil Engineering (PACE), Inc., HOR Engineering, Inc., SA Associates, and Vendor #5. Item 15. - 3 HB -216- 427 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND HDR ENGINEERING, INC. FOR ON CALL WATER AND ENGINEERING SERVICES THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and HDR ENGINEERING, INC., a Nebraska corporation hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide on call water and engineering services; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULT ANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULT ANT shall provide all services as described in Exhibit II A, 11 which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates Aaron Meilleur who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULT ANT in the performance of this Agreement. agree/ surfnct/professional svcs mayor 10/12 1 of 11 428 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULT ANT are to commence on ____ Ma_y~2_1_s_t~, __ , 20.!!L_ (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than three (3) years from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULT ANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULT ANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed One Million Dollars ($1,000,000). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." agree/ surfnet/professional svcs mayor 10/12 2 of 11 429 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULT ANT shall tum these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS CONSULT ANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULT ANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULT ANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULT ANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULT ANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability m an amount not less than One Million Dollars agree/ surfrict/professional svcs mayor 10/12 3 of 11 430 ($1,000,000.00) per occurrence and in the aggregate. The above-mentioned insurance shall not contain a self-insured retention without the express written consent of CITY; however an insurance policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims-made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSUL TANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULT ANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULT ANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSUL TANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULT ANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: agree/ surfnet/profcssional svcs mayor 10/12 4 of 11 431 A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (I 0) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULT ANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULT ANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULT ANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSUL TANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall agree/ surfnct/professional svcs mayor 10/12 5 of 11 432 be made in writing, notice of which shall be delivered to CONSULT ANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULT ANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. CITY EMPLOYEES AND OFFICIALS CONSULT ANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULT ANT may designate different addresses to which subsequent notices, certificates or agree/ surfnet/profcssional svcs mayor 10/12 6 of 11 433 other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail-return receipt requested: TO CITY: City of Huntington Beach ATTN: Duncan Lee 2000 Main Street Huntington Beach, CA 92648 17. CONSENT TO CONSULT ANT: HDR Engineering, Inc. Attn: Aaron Meilleur 3230 El Camino Real, Suite 200 Irvine, CA 92602-13 77 (213) 239-5840 When CITY's consent/approval 1s required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining agree/ surfnet/professional svcs mayor 10/12 7 of 11 434 covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. lMMIGRA TION CONSULT ANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULT ANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSUL TANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for agree/ surfnet/professional svcs mayor 10/12 8 of 11 435 CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULT ANT. 24. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this agree/ surfnet/professional svcs mayor 10/12 9 of 11 436 Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Council. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. agree/ surfnct/professional svcs mayor 10/12 10 of 11 437 CONSUL TANT, HDR Engineering, Inc. COMPANY NAME A Nebraska Corporation Aaron M. Meilleur print name ITS: (circle one) Chainnan/Prcsi nt/Vice President print name ITS: circle one) Secretary/Chief Financial Officer~ Secretary -rreasurer CITY OF HUNTINGTON BEACH, a municipal corporatj,on oft California /A J s fU{k Mayor i?~ ~ City Clerk INITIATED AND APPROVED: do, of Public~===-- agree/ surfnct/pn>fessional svcs mayor 10/12 11 of 11 438 EXHIBIT II A II A. STATEMENT OF WORK: (Narrative of work to be performed) CONSULT ANT shall provide consulting services on an 'as-needed' basis for projects to be determined during the term of the agreement. During the term of the agreement, CITY may elect to solicit proposals from CONSULT ANT. CITY shall issue task order for each project based upon the scope of services, work schedule, and fee proposal submitted to CITY for its review and approval. B. CONSULT ANT'S DUTIES AND RESPONSIBILITIES: CONSULTANT'S duties and responsibilities shall be per CONSULTANT'S Statement of Qualification (Exhibit A), consistent with the City of Huntington Beach Request for Qualifications for On Call Water and Engineering Consulting Services. Upon award, and the contract period, if CONSUL TANT chooses to assign different personnel to the project, CONSULT ANT must submit the names and qualifications of these staff to CITY for approval before commencing work. C. CITY'S DUTIES AND RESPONSIBILITIES: 1. Furnish scope of work request for each project. 2. Furnish construction plans and specifications to the CONSULT ANT. D. WORK PROGRAM/PROJECT SCHEDULE: A project schedule will be developed for each project assigned by CITY. EXHIBIT A 439 Item 15. -14 7 Statement of Qualifications On-Call Water Engineering & Professional Consulting Services Service Cat eg ory A: VVater Eng ineering Public Works Department Janu ar y 11 2018 440 A Cover Letter HB -361 -Item 15. -148 441 hdrinc.com Item 15. -149 January 11, 2018 City Clerk's Office , 2nd Floor City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 RE: On-Call Water Engineering & Professional Consulting Services, Service Category A. Water Engineering Dear Selection Committee, HOR Engineering, Inc. (HOR) understands that the City of Huntington Beach (City) is a very complete and complex organization that provides a full spectrum of water services to a service area of over 200,000. HOR is excited to submit our qualifications for On- Call Water Engineering & Professional Consulting Services (Service Category A). We are currently working with your staff on several pipeline corrosion assessment projects bringing a history working with your staff. We are prepared to assist you in all aspects and areas of your organization and to work collaboratively with you and your staff to deliver efficient and implementable designs. Selecting HOR will provide the City with the following benefits: • Local team with similar experience -Steve Friedman, PE, our proposed Project Manager, has successfully managed similar on-calls in Southern California for 24 years including on-calls with the Metropolitan Water District of Southern California and Eastern Municipal Water District. He will lead a team of local experts who bring a wide variety of similar project experience. Our local task leads Amy Omae, PE, LEED AP, Brien Clark, PE and Dan Ellison, PE have served in similar roles and will leverage their lessons learned for successful project delivery. • Proven approach to corrosion engineering -HOR has been and continues to be a leader in the field of tank inspections, cathodic protection evaluations, and condition assessments. HOR focuses on corrosion engineering, corrosivity studies, and coating- related services to assist architects/engineers and owners in designing, constructing, and operating structures with low maintenance costs and long trouble-free lives. • A best-value approach to all task orders -As you may be aware from our previous work , we put the City's best interests first; either through our competitive rates, project approach , or collaborative approach with City staff. To help ensure a high quality, best value product, all of our work goes through an established and proven internal quality control process. This approach keeps project designs on track resulting in project savings. 323 0 El Camino Real , Suite 200, Irvine , CA 9 2602 -1377 T 714.730.2300 F 714.730.2301 HB -362- 442 City of Huntington Beach, Pu bli c Works Department I On -Call Water En ginee ring & Professional Consulting Services I Cover Letter Service Category A. Water Engineering We look forward to continuing our working relationship with the City. Please contact our project manager, Steve Friedman at (949) 533-6239, should you have any questions regarding our SOQ. Aaron Meilleur, PE Vice President HB -363 - &.~E Project Manager Item 15. -15 0 443 B Vendor Application Form HB -364 - 444 TYPE OF APPLICANT: REQUEST FOR PROPOSAL VENDOR APPLICATION FORM □NEW 8 CURRENT VENDOR Legal Contractual Name of Corporation : HOR Engineering, Inc. Contact Person for Agreement: Aaron Meilleur --------------------- Corporate Mailing Address: 3230 El Camino Real, Suite 200 City, State and Zip Code: Irvine, CA 92602-1377 E-Mail Address: aaron.meilleur@hdrinc.com Ph 213.239 .5840 one: Fax: 714. 730.2301 ---------- Contact Person for Proposals: _S_t_e_v_e_F_r_ie_d_m_a_n ______________ _ Title: Project Manager E-Mail Address: steve .friedman@hdrinc .com . 714.368.5634 Busmess Telephone: _________ _ Business Fax: 714.730.2301 Is your business: ( check one) 0 NON PROFIT CORPORATION 8 FOR PROFIT CORPORATION Is your business: (check one) 8 CORPORATION □ INDIVIDUAL 0 PARTNERSHIP 0 LIMITED LIABILITY PARTNERSHIP □ SOLE PROPRIETORSHIP □ UNINCORPORATED ASSOCIATION 1 of 2 1=============== H B -3 6 5-"""""'=================~ Item 15 . - 1 5 2 445 Names & Titles of Corporate Board Members (Also list Names & Titles of persons with written authorization/resolution to sign contracts) Names Kip Field Title So. Cal Area Manager Phone 714 .730 .2400 Aaron Meilleur So. Cal Water Business Grp . Mg r. 213 .239 .5840 47-0680568 Federal Tax Identification Number: A295855 City of Huntington Beach Business License Number: (If none, you must obtain a Huntington Beach Business License upon award of contract.) City of Huntington Beach Business License Expiration Date: 04/30/2018 2 of2 Item 15. -15 3 ================================== HB -3 66 -===================================================~ 446 C Pre- Qualification Form HB -367 -Item 15. -154 447 EXHIBIT A: PRE-QUALIFICATION FORM ON-CALL WATER ENGINEERING & PROFESSIONAL CONSUL TING SERVICES A. Water Engineering ~tial) Consultant is willing to execute the Agreement as drafted (See Appendix B). ~nitial) Consultant is able to provide the insurance as required (See Appendix C). Firm Name: HDR Engineering , Inc Firm Address: 3230 El Camino Rea l , Su ite 200 , Irvin e, CA 92602-1377 Signature: ~ Date : 01/09/2018 Item 15. -155 HB -3 68 - 448 D Service Category HB -369- A. Water Engineering Item 15. -156 449 City of Huntington Beach, Public Works Department I On-Ca ll Wate r En ginee rin g & Professiona l Consulting Se rvices I Service Category Water Engineering At-a-Glance • HOR Engin ee rin g, Inc. (HOR) is an emp loyee -o wned corporation. • Founded in 1917 in Omaha , Nebraska • California Secretary of State Registration : 06/18/198 5 (#1279 161) location of Company Office: 10,000 & 225 Employees Off ices WORLDWIDE (m) offices throughout California Ir._ .1_,.,.,,,;=;;,mm m mm mm mm mmm • Locally: 831 employees in California • Nationally: 9,894 employees • Southern California: 413 employee s I•••• ...... ~ • 831 em ployee s Firm Qu ali fications HDR specializes in meeting the varied water infrastructure needs of our clients worldwide . Since our inception in 1917, our teams have emphasized technical innovation, cost-effectiveness and attentive client service for 100 years. We provide full service, multi-disciplinary services for a wide range of water infrastructure projects including treatment plants, distribution systems, conveyance storage facilities, and large equipment such as pumps, turbines, and control systems . We have worked with some of the nation's largest water agencies delivering complex engineering and business solutions . I As a Regional Business Enterprise providing engineering and architectural consulting in Southern California since 1960, HDR's services encompass planning, design, and construction management for water agencies throughout the City's service area. Over the years, HDR has expanded to seven Southern California offices: Riverside, Claremont , San Diego, Irvine, Los Angeles, Long Beach, and Ventura. HDR's Irvine office is located within 17 miles of the City's office. HDR's Water Group provides advanced expertise in the full cycle of water management , from water supply to treatment, and all HB -370- manners of conveyance and storage. KEY PERSONNEL/ STAFFING The key to efficient project delivery is assigning qualified professional staff who can deliver results. We have established good working relationships with many municipalities and will bring those resources to the City to support tasks under this contract. As specific tasks are defined, we will find the right technical staff, either from within our team, or by engaging the appropriate specialized staff . The City requires a highly qualified, locally based, capable team of experts that can help the District define I plan, design , and implement your CIP projects. HDR is proposing an experienced team of fully committed staff and subconsultants that will work in partnership with the City staff. Our history of partnering with other agencies, such as Metropolitan Water District and the City of Los Angeles Bureau of Sanitation and Bureau of Engineering demonstrates commitment to provide the right talent at the right time to deliver your projects . HDR's team exceeds the RFP requirements and is organized around major deliverables and areas of 03 450 City of Huntington Beach , Public Works Department I On-Call Wa ter Engineering & Professiona l Co nsul ti ng Serv ices I Service Category Water Engineering expertise. Our team has the resources, tools, experience, and commitment to be an effective partner for the City in implementing its CIP projects effectively. The organization of our team, a table of qualifications of our key staff, and resumes for key team members are provided. Resumes for additional technical support staff are available upon request. PR NCiPAl-11 '-CHARGE Aaron Meilleur, PE I L ________ ~ .... J.~P~R-OJ•E~CT•/~0-AN.'A•G~ER~-~ Steve Friedman, PE, + PMP, BCEE I TASK ORDER MM ~GERS Steve Friedman, PE, PMP, BCEE Arny Omae, PE, LEED AP , Brien Clark, PE Dan Ellison , PE QA,'QC Kevin Calderwood, PE John Koreny , PE, PHG, PEG Graham Bell , PhD, PE, FNACE Lee Frederiksen, PE v\.tJEP P'PELINE ENGl!\EE~ING Steve Friedman, PE, PMP, BCEE Dan Ellison, PE Pl h"PJ600STER STAT ONS Jame s Wang, PE CONDIT.ON .'.l.SSESS11l:J, -& REHA8 Dave Spencer, PE CORROSiO!~ CONTR,~- GTHODIC p;w-ECTION Brien Clark, PE Erika Perez , EIT 1\/EcLS Andrew Cherene, PG, CHG Steve Friedman, PE, PMP, BCEE C.t-::D Daniel Celaya Steve Friedman, PE, PMP, BCEE Dan Ellison , PE RES ERVOIRS/TAl-lK S Janelle Moyer, PE , CFM, ENV SP James Wang, PE ARCH,TECTUR./:..L Martin Ramirez, RA Eric Scherch, PE ELECTRICAL/I&( Ray Genato, PE Adam Nichols, PE CONSTRUCTION Len Bystrum, PE Jon Rohrer, PE HB -3 71- STR UCT JPA. Tom Hamlin, PE ((1,SF (T 01\ Len Beystrum, PE Jon Rohrer, PE CEQA'N EP A EtN PON MENTAL Ingrid Eich Jennifer Cole Resume included in appendix Item 15. -158 451 C·t f H t ·ngton Beach Public Works Department I On-Ca ll Wa ter Enginee ri ng & Profes sional Co nsultin g Se rvices I Service C~teg~ry 1 Yo un 1 • Water Engmeenng Aaron Meilleur, PE Years of Experience : 22 • Professional Engineer -Civil C62473 Cal ifornia • Professional Engineer -38518 Washi ngton • Professional Engineer -15215 Hawaii • Bache lor of Science Civil Engineering United States Military Academy, West Point Naval Academy • Principal-in-Charge • Pure Water Program's North City Conveyance System (NCCS) Civil Engineer ing Se rvices, San Diego, CA • Michelson Water Reclamation Plant Biosolids and Energy Recovery Facilities Construct ion Management Support. Irvine, CA • Valley Sanitary District Requa Inte rceptor Design, Indio , CA . • ' • M na er: Point of Contact . , , , Steve Friedman, PE, PMP, BCEE Years of Experience: 24 Amy Omae, PE, LEED AP Years of Experience: 13 Item 15. -159 • Professional Engineer -Civil 055566 California • Project Management Professional 293170 California • Master of Science Civil Engineering University of California , Berkeley • Bachelor of Science Civil Engineering University of California , Berkeley • Professional Engineer -Civ il 76824 California • LEED Accredited Professional 10328834 • Project Manager/ Point of Contact. Task Order Manager, Water Pipeline Lead, Pump/ Booster Stations Lead ■ Master of Science • Task Order Manager Env ironmental Engineering University of Miami • Bachelor of Science Chemistry Unive rsity of Miami HB -372 - • Metropolitan Water District -Water Treatment and Pipeline On -Call Services • City of Corona Mangular Blending Facility • P-1045: New Potable Water Conveyance On-Board Marine Corps Base • Southeast Recycled Water Pipeline - Central Basin Municipal Water District • Mesa Wate r District -Pipeline Integrity Program • Irvine Ranch Water District -Wate r Reliability Study • P-1046: New Potable Water Conveyance On-Board Marine Corps Base 05 452 City of Huntington Beach , Public Works Department I On-Ca ll Wat er En gin eer in g & Pro fess iona l Co nsu lti ng Serv ices I Service Category Water Engineering Brien Clark, PE Years of Experience: 17 Dan Ellison, PE Years of Experience: 36 Dave Spencer, PE Years of Experience: 16 Andrew Cherene, PG, CHG Years of Experience: 14 • Professional Engineer - Chemical CH 6291 California • NACE Cathodic Protection Specialist 17978 • Bachelor of Science Chemical Engineering California Polytechnic State University, Pomona • Professional Engineer -Civil C38094 Ca li fornia • Structural Eng ineer S3020 California • Bachelor of Science Civil Engineering University of Utah • Master of Bus iness Admin Finance Univer of Southern California • Profess ional Engineer C66885 California • Bachelor of Science Civil Engineering California Polytechnic State University, San Luis Obispo • Registered Professional Geologist 8580 California • Hydro-Geo logist 974 California • Master of Science Eart h Sciences University of California , San Diego • Bachelor of Science Earth Sciences Unive rsity of Californ ia, San Diego • Task Order Manager, Corrosion Control/ Cathodic Protection Lead • Task Order Manager • Condition Assessment & Rehab • Wells • City of Huntington Beach -30- inch Yorktown Transmission Main Rehabilitation • Eastern Municipal Water District -Winchester Recycled Water Transmission Pipeline Corrosion Assessment • Western Municipal Water District - Nondestructive Condit ion Assessment alternatives for the Mills Gravity Pipeline • California Water Se rvice Company -Rancho Dominguez Groundwater Optimization Study • As-Needed Wastewater Condition Assessment of Wastewater Facilities, City of San Diego • WRF 4471 Leveraging Data from Non- Destru ct ive Examinat ions to Help Select Ferrous Water Mains for Renewal • WRF 4471 Leveraging Data from Non- Destructive Examinations to Help Select Ferrous Water Ma ins for Renewal • City of San Diego Metropolitan Wastewater Department (MWWD) Emergency Engineer • County of San Diego Inflow and Infiltration Study San Diego County CA • Antelope Valley Water Bank -Willow Springs Aquifer Storage and Recharge • City of Santa Monica , Olympic Well Field • Port of Long Beach -Pier B Pump Station Upgrade/North Harbor District Storm Drain Improvement HB -373 -Item 15. -160 453 City of Huntington Beach, Public Works Department I On -Call Wat er En ginee rin g & Profess ional Consu lti ng Se rvices I Service Category Water Engineering James Wang, PE Years of Expe rience : 21 Erika Perez, EIT Years of Experience: 8 Item 15 . -161 • Professional Engineer -Civil 81123, California • Master of Sc ience, Environmental Engineering, University of Windsor, Ontario, Canada • Bachelor of Civil Engineering, Civil & Environmental Engineer • Engineer in Training, California • Bachelor of Science Chemical Engineering California State Polytechnic Un iversity, Pomona • Pump/Booster Stations • Reservoirs/Tanks • Pipelines • Corrosion Control/ Cathodic Protection 1 HB -374- • Goleta Wastewater Treatment Plant Upgrade, Goleta Sanitary District, CA • Edward C. Little Water Recycling Facility Expansion Design-Build Services, West Basin Municipal Water District • Project P-1046, Waste Water Conveyance Marine Corps Base, Camp Pendleton, CA • City of Huntington Beach -Pipe li ne Annual Corrosion Survey • Western Municipal Water District - Nondestructive Condit ion Assessment alternatives for the Mills Gravity Pipeline • Eastern Municipal Water District -Winchester Recycled Water Transmission Pipeline Corrosion Assessment PROJECT EXPERIENCE AND REFERENCES The following references and associated project descriptions demonstrate innovative solutions that may be applied to your projects' challenges . These projects represent successful partnerships with our clients-reaching performance goals and delivering within the required schedule. For each reference project, we have included a project description detailing the services provided, as well as an organization contact name, phone number, and e-mail address. 07 454 City of Huntington Beach, Public Works Department I On-Ca ll Wa ter Engi nee rin g & Professio nal Con sult ing Services I Service Category Water Engineering Annual Corrosion Pipeline Survey (2013 -2017) City of Huntington Beach, Huntington Beach, CA HDR has provided condition assessment and corrosion engineering services for the City of Huntington Beach's five (5) pipeline systems. The five (5) systems, include eleven (11) pipelines, 138 test stations, 34 insulating joint (IJ) test stations, 35 cathodic protection sacrificial anode beds, and 3 rectifiers . In addition to the facilities tested in 2012, HDR included new facilities that were subsequently added including the Huntington Beach Utility Yard , the 12-inch Harbor Crossing, and the 30-inch Yorktown Pipeline cathodic protection systems. In 2017, the City added five additional pipelines to the annual survey, which included the 6-inch and 12-inch Algonquin Sewer List Stations, two (2) 8-inch Welded Steel Pipelines at Huntington Harbor Channel, and the Warner Avenue GCP. Scope of services included records review; pipeline cond ition assessment survey of all corrosion monitoring test stations, CP rectifiers , performing instant Off survey of all impressed current systems, minor repairs at rectifiers and corrosion monitoring test stations , monitoring Slip Lined 30- inch DIP within the 42-steel pipeline (special CP probes), coordinating with City on locating missing CP test stations , and performing minor Mangular Blending Facility (2012) City of Corona, California Dept. of Water & Power, Corona, CA The City of Corona (City) selected HDR to design the new Mangular Blending Facility which includes a dual zone Booster Pumping Station (BPS) with a total firm capacity of 5000 gpm using five pumps (two 100 HP and three 150 HP). Additional components include provisions for emergency power; chemical facilit ies to inject sodium hypochlorite and ammonia to produce monochloramines for disinfection; and improvements to the ex isting facility blend well water with treated water. Energy saving components are also incorporated such as a micro-turbine at the blend ing location and solar panels on the neighboring dual reservoir roofs. HB -375- -Reference City of Huntington Beach Mr. Andrew Ferrigno 714.536.5511 aferrigno @surfcity-hb .com @Key Team Members Brien Clark (Project Manager/ Project Engineer); Erika Perez (EIT) maintenance and cleaning of all CP test stations; provide a written report with findings and recommendations for future corrosion control. Reference City of Corona , Dept. of Water & Power Mr. Vernon Weisman PE 951.739.4912 vernon .weisman@ci .corona.ca.u s @Key Team Members Steve Fr iedm an (PM); James Wang (PE ) Item 15. -162 455 City of Huntin gton Beach, Public Works Departmen t I On-Ca ll Water En gineering & Pro fes sional Consulting Service s I Service Category Water En ginee ri ng P-1045 New Potable Water Conveyance (2012-2015) Navy Facilities Engineering Command (NAVFAC) Southwest, Camp Pendleton, CA HDR served as Designer-of- Record for Project P-1045 , which included installation of new water conveyance, pumping, and storage facilities • at Marine Corps Base Camp Pendleton (MCBCP). The new facilities provide enhanced infrastructure throughout the MCBCP. HDR provided preliminary and final design, along with engineering services during construction. The project was completed as design-build with Filanc as the P1045 contractor. The project included: • 136,000 feet of 14 and 24-inch HDPE potable water pipe • Five separate Horizontal Directional Drill locations under environmental and cultural boundaries and beneath Caltrans and Railroad rights-of-way with a total distance of about 10,000 feet. • Two potable water pumping stations with capacities of 670,000 gallons per day and 2 million gallons per day • 2 MG potable water storage tank HDR's pipeline design work included alignment design, pipeline sizing calculat ions , scour analysis, hydraulic analyses, valve location determinations, trench Reference (Both Projects: P-1045 and P1046) NAVFAC Southwest Mr. Ste ve Rosenstein 619.532 .1500 Steve .Rosentein @navy.mil 0 Key Team Members Ste ve Fr iedman (PM for both project s); Amy Omae (Task Lead); Ray Genato (Electrical/I&(); Jame s Wang (Pump Stations and Pipelines) des ign, alignment design, multiple horizontal directional drilling designs , and permit application support. P-1046A North Area Wastewater Conveyance (2014-2016) Navy Facilities Engineering Command (NAVFAC) Southwest, Camp Pendleton , CA HDR also served as Designer- of-Record for Project P-1046A, which included installation of new wastewater conveyance and pumping facilities at MCBCP. HDR provided preliminary and final design, along with engineering services during construction. The P-1046A project was completed as design-build with Reyes. The project included : • 28,500 feet of 6-inch through 20-inch HDPE wastewater forcemain Item 15. -16 3 • 7,000 feet of gravity sewer manhole and pipe capacity increase from 8-inch to 10-inch; approximately 2,500 feet was upsized by pipe bursting . • Four new lift stations and one lift station upgrade with capacities ranging from 500,000 gallons per day up to nearly 2 mgd • Emergency overflow storage for four lift stations • Demolition of existing lift stations and a 1.5 mgd wastewater treatment plant. HB -376- Similar to the P-1045 project, HDR's pipeline design work for P-1046A included alignment design , pipeline sizing calculations , hydraul ic analyses, valve location determinations, trench design, alignment design , and permit application support. 09 456 City of Huntington Beach , Public Works Department I On -Call Water Engineering & Professio nal Consult in g Serv ices I Service Category Water Engineerin g WRF 4471: Leveraging Data from Non-Destructive Examinations to Help Select Ferrous Water Mains for Renewal (2014-2016) Various Agencies including Los Angeles DWP, United States Under a tailored collaboration effort, HOR recently completed WRF Project 4471 with project sponsors Los Angeles Department of Water and Power (LADWP), Seattle Public Utilities, Fairfax Water, Denver Water, and DC Water. The goal of the project is to leverage current NOE (Non-destructive Examination) technology to help determine when select ferrous water mains should be renewed. Traditionally, water utilities relied on pipeline leak and break data to determine when pipeline renewal was needed. In recent years , several devices have been introduced that can find structural defects or pinpoint leaks. However, the cost of using these tools can be relatively expensive and the results can be varied. The project included the testing of five different inspection technologies side-by-side on cast iron main in Los Angeles. Technologies included: • Push-in video/audio probe (Wachs Water Service) • In-pipe remote field electromagnetic scanning • Acoustic velocity pipe wall analysis (Echologics) • External scanning with broadband electromagnetic tool (Rock Solid) • Internal scanning with broadband electromagnetic tool (Rock Solid) Following data collection of the technologies, portions of the mains were exhumed, visually inspected, photographed and cataloged as to its actual condition , including tak i ng corrosion pit and wall thickness measurements, and compared to the NOE technology inspection results . Initial results showed that 75 % of the main had no appreciable corrosion . Only a portion of unlined pipe dating to 1933 needed to be replaced. HB -377- Reference Wate r Research Foundation (WRF) Mr. Frank Blaha, Sr. Account Manager 303.347.6244 Key Team Members Dave Spencer (Technical Lead); Dan Ellison (PM); Brien Clark (Corros ion /Cathodic Protection), Er ic Scherch (Analyst ) Beginning in May 2015 , HOR applied the technologies on mains within the five sponsoring utilities (LA, Seattle, Denver, Fairfa x, and DC). In the final phase of the project, the benefits of the testing were assessed by comparing the projected life expectancies of mains, both with and without the field test data . The differences in confidence provided by the various models were also assessed . Item 15. -164 457 City of Huntington Beach , Public Works Department I On-Ca ll Wate r En gineering & Professio nal Consul tin g Se rvices I Service Category Water Engineering Water Reliability Study (2014-2017) Irvine Ranch Water District (IRWD), Irvin e, CA Irvine Ranch Water District (IRWD) takes a diligent approach to developing a reliable and resilient water supply system to serve its growing community. Assuming that planned capital improvement projects are constructed , IRWD has secured a surplus of water that provides sufficient supply under normal operating conditions through build-out. Through the Water Reliability Study, I RWD sought to identify and evaluate a variety of drought and emergency scenarios that could threaten the IRWD's ability to deliver water to its customers and put into place a prioritized portfolio of sound and cost-effective responses. The Water Reliability Study focuses on IRWD's ability to maintain a minimum level of service under various emergency scenarios based on a rigorous and transparent risk Item 15. -165 analysis . With recent findings in climate change research and the projected reliability of imported water sources the district needed to reassess its definition of risk and level of service ex pectations to develop improved and robust mitigation strategies. With the potential for emergency conditions to be more severe than historic data could predict an updated model was required . HOR provided modeling and evaluation of local and imported water supply reliability under a variety of emergency scenarios. The comprehensive resource and supply distribution model simulates and optimizes deliveries and storage of potable water taking into account hydraulic constraints associated with the delivery system. Using an indexed sequential Monte Carlo simulation and 83 years of historical hydrology the model HB -378- @t 'tel ere nee IRW D Mr. Paul Cook , Gen era l Manage1· 949.4 53.53 00 cook @irwd co m @Key Team Members Amy Om ae (Projec t Eng in ee r), John Kor eny (QAQC) projects demands supply and storage needs based on an assumed pattern of future climate. Recent climate change research and projected reliability of imported water resources were incorporated into the analysis . Level of service expectations were established and mitigation strategies developed . This analysis provides justification for future operational and capital water reliability improvements and investments from both a local and regional perspective. 11 458 City of Huntington Beach , Public Works Department I On-Ca ll Wa ter En gin eer in g & Professio nal Co nsulting Serv ices I Service Category Water Eng inee ring Mesa Water District (Mesa) Pipeline Int egrity (2017-2022) Mesa Water District, Costa Mesa, CA ED S • Remai n i ng Wa ll 100% 90% SO% ~ i'O % V ~ (,0,(, C Unhealthy ·a $0% 'i E ,0% C, c:: 30% 20% JO% 0% l .2 3 :In ner Mesa Water District (Mesa Water) owns 317 miles of water main pipelines . As the system continues to age and deteriorate, investments will be requ ired to sustain desired levels of service. In 2013, Mesa Water completed a Master Plan which used an age- based analysis that estimated approximately $300 million of pipeline replacement would be needed over the ne xt 30 years. Historically, Mesa Water has not needed to replace considerable quantities of pipeline. Therefore, such an investment level would result in a significant i·ncrease in water rates. Mesa Water pipelines have performed well with break rates similar to other water systems in Southern California and appro ximately four times better than the national Hea lthy ctiv C rros i n 6 7 8 9 WaU Location O.i.rter average. Therefore, even though some pipes have been operating fo r over 90 years , it is believed that substantial portions of the system may still have significant remaining useful life . In 2014, Mesa Water began collecting and testing water mains using both destructive and non-destructive technologies . In 2017, Mesa Water hired HDR to: • Estimate the remaining useful life of Mesa Water's pipelines based on measured pipeline properties, rather than using an age-based approach, • Identify specific pipes that require replacement, and • Continuously refine the testing program to provide the most value to the ratepayers. HB -379 - Reference Mesa Water Dist ri ct, Ms . Ka r yn lgar, PE 949.207.5452 Karynl @mesawater.org Key Team Members Da ve Spencer (Condition As sessment), Amy Omae (PM) Dan Ellison (PE ), Eric Sche rch (PE), Brien Clark (Cathodic Protection) Based on the results of this analysis, it was determined that most of the system has significant remaining useful life saving approximately $230 million in capital investments. A condition based decision making process was developed to identify pipeline that warranted near term renewal or more detailed condition assessment. Mesa Water's pipeline testing program was also refined to focus on more cost effective opportunity condition assessment techniques which will save Mesa Water approximately $100,000 per year in pipeline testing. Over the ne xt four years, HDR will continue to work with Mesa Water to refine the Pipeline Integrity Program to focus limited resources on the right pipe , at the right time, using the right technology. Item 15. -166 459 City of Huntington Beach , Public Works Department I On -Call Water En gin eer in g & Professional Consulting Services I Service Category I-)~ Water Engineering UNDERSTANDING AND METHODOLOGY The City of Huntington Beach (City) serves over 200,000 residents with safe and reliable drinking water. The City's potable water infrastructure consists of groundwater wells, storage reservoirs, pump stations, pressure regulating facilities, and about 500 miles of pipeline. New groundwater wells are being constructed to increase the City's available drinking water supply. Existing storage and pressure regulating facilities as well as the pipeline distribution system must be maintained, upgraded, and if necessary, replaced. The majority of the City's pipe distribution system is asbestos cement (AC) material that is over 50 years old, portions of which are buried in corrosive soils below sea level and in contact with saltwater. The condition of the City's aging pipelines should be assessed to determine whether it needs to be rehabilitated or replaced. For the past 6 years, HDR's worked Item 15. -167 closely with City staff to conduct corrosion assessment surveys on the City's existing cathodic protection system and recommend corrosion protection work to maintain distribution system integrity. In these surveyed areas, we are familiar with your existing system, pipe condition, and potential work needed to begin right away. G H DR has a proven track record of providing custom and collaborative solutions to complex projects. We will work closely with City staff to ensure the correct and efficient action is implemented . The City will furnish a task order or scope of work request for each project, and HDR is prepared to start immediately upon your Notice to Proceed. We have assigned one of HDR's most capable Project Managers , Steve Friedman, PE , to lead this effort. He has worked on past as-needed engineering contracts and has extensive experience on a variety of HB -380- drinking water projects as H DR's Southern California Water Market Sector Leader. Steve is based locally in the HDR Irvine office, which is only 17 miles from the City's office. As the Project Manager, he will oversee a team of task leaders to effectively manage the as-needed engineering services required by the City. Steve has managed large design teams from planning, design, and construction. He is an experienced Project Manager and devoted to providing a quality product by implementing necessary quality assurance procedures for successful delivery. Based on our experience with other as-needed contracts, we understand that projects can vary widely in size, complexity, and scope. Our approach, effort, and fee will reflect the need for flexibility. Close coordination and communication with the City and the project team is required for successful delivery Steve Friedman has personally always done the utmost to provide excelle nt client service . His organized, straightforwar d approach and re sponsiveness to requests have been a cornerstone to his performance. His assistance with our public outreach program really mad e a difference in advanc in g a high profile project. I personally look forward to working with Steve on other projects in the near future ." -Erik Jorgensen, PE Eastern Municipal Water District Senior Civil Engin ee r 13 460 City of Huntington Beach , Publ ic Wo rk s Department I On -Call Water Enginee ri ng & Profes si ona l Consul tin g Se rvices I Service Category I-)~ Wa ter Engineering Review and Learn lessons Learned ■ Cr.en! Report Card Team Meetings " Document and Distribute Best Pracbcess Work plan for task orders. of any task order, particularly multi-disciplinary projects . We believe it is important to have those who will ultimately own and operate the fac i lities to be involved in the project during its development. Our methodology to address and execute each task order will follow the work plan shown above. We have extensive ex perience with performing multiple, simultaneous task orders for on-call contracts . Upon receipt of each task order, our Project Manager, Steve Friedman, will meet with the City's key stakeholders to understand the needs , drivers , schedules , and issues related to the task order to clearly define the project objectives. For small projects, this may accomplished with a phone call or a few email exchanges . For more complex tasks, in-person meetings are generally best for a clear, direct understanding. Steve will then identify the appropriate Task Order Manager, technical staff, and QA/QC team members . We will develop a detailed task order scope, schedule, and fee that are understandable and achievable . Our scope of work assumptions will be discussed with the City 's project manager to so that deliverable and performance expectations are transparent and agreed upon. Schedule is often critical to fast-tracked projects and a detailed project schedule will be prepared for each task order in a format acceptable to the City to complete projects on time and within budget. The task order proposal will be submitted to the City for review and negotiated to finali ze the scope , fee , and schedule. For as-needed task orders f fle xibility and adaptability is critical for successful execution . Our team includes professionals locally-based in southern California with a wide range of experience and qualifications that are dedicated to providing high- level service and being responsive to your needs. A few of the key team members are identified . • Amy Omae, PE (Irvine , CA) is currently managing a project for the City's neighbor, Mesa Water District, to determine the remaining useful life of their ex isting pipeline infrastructure as part of the HB -381 - Pipeline Integrity Program. She has also been involved in the design of several pump stations and pipelines . • James Wang, PE (Irvine, CA) has managed several projects and been the lead designer to rehab ilitate several pump stat ions and develop design plans, specifications, and cost estimates (PS&E) documents for pipelines, groundwater wells , and storage reservoirs. • Brien Clark, PE (Claremont, CA) has familiarity with the City of Huntington Beach. He has worked on projects with the City including the Yorktown Transmission Main Rehabilitiation and is currently working with the annual corrosion assessment surveys along side Erika Perez, EIT (Claremont, CA) • Dave Spencer, PE (San Diego , CA) is a contributing author for American Water Works Association (AWWA) M77: Condit ion Assessment of Water Mains and a technical lead for Water Research Foundation (WRF) studies on condition assessment for metallic and asbestos cement pipe. • Andrew Cherene, PG , CHG (Long Beach , CA) has effectively managed several drilling programs and designs for installation of groundwater wells and test water supply wells. Item 15. -168 461 City of Huntington Beach , Publi c Works Department I On-Ca ll Wa ter Engineeri ng & Professiona l Cons ultin g Se rvices I Service Category Water Eng ineering • Each proposal will identify those individuals that will be made available to the City for the duration of each task order. Our team will be tailored to each task order to optimize efficient execution and successful completion. Steve will assign Task Order Managers , who will identify the needed skills and obtain the commitment from team members, including specialized subconsultants, to prepare an organizational chart for approval by the City's project manager. At each project kick-off meeting, we will identify relevant stakeholders, review procedures and design requirements , and establish clear lines of communication and authority. During project execution, HOR staff will be present for all necessary meetings and prepare detailed notes, progress reports, and interim work products as required . All deliverables will be reviewed by HDR's independent QA/ QC team to verify accuracy and completeness prior to submission to the City for review . • HOR str ives to provide the City with excellent service and exceed expectations. Our intent is to remain with the project until its implementation and beyond so that we confirm the work was successfully delivered. Our commitment to your project and involvement through its development and implementation will allow us to address any issues or discrepancies that should arise in design, construction, or operation. Example scopes of work are shown in the figure below for typical task orders for engineering services provided during planning/ preliminary design, design, and construction. 462 HB -383 - Appendix: Addendum 1 (Acknowledgement) Key Staff Resumes Item 15. -170 463 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 960-8820 ADDENDUM NUMBER ONE For RFQs -Water, Plan Check, Ocean, Architectural, Transportation, Construction Management, Materials, Civil in the CITY OF HUNTINGTON BEACH November 29 , 2017 Notice To All: City of Huntington Beach has extended the due date from January 4th , 4:00 pm 2018 to January 11 th , 4:00 pm 2018 for eight (8) Request For Qualifications (RFQ) for various professional services (Water, Plan Check, Ocean, Architectural, Transportation, Construction Management, Materials, Civil). This is to acknowledge receipt and review of Addendum Number One, dated November 29, 2017 , HOR Engineering , Inc Company Name 01/09/2018 Date J ~""c;diiiy-=~=..:.--=~=· --· _,...e __ .._, All bidders must acknowledge and include the receipt of this Addendum with your RFQ packages. CC1392,AddendumNo.1 Page 1 Item 15. - 1 71 HB -384- 464 City of Huntington Beach , Public Works Department I On-Ca ll Water Enginee rin g & Profess ional Consulting Serv ices I Appendix: J-)~ Service Cate gory A. Water Engineering EDUCATION Master of Science, Ci vi l Engineering, University of California at Be rk eley, 1994 Bachelor of Science, Civi l Engineering, University of Ca lifo rni a at Berkeley, 1993 REGISTRATIONS Profess ional Engineer - Civil, California, United States, No . 055566 Project Management Professional , California, United States, No. 293170 Risk Assessment Methodology for Water, California PROFESSIONAL MEMBERSHIPS California Water Environment Assoc iat ion Water En v ironment Federation Ame ri can Water Works Association , Water Reuse Committee/Secretary WateReuse Assoc iation . . . Steve Friedman, PE, PMP, BCEE • Project Manager, P_oint of Contract . . Steve has 22 years of experience in engineering planning and design of water, recycled water, industrial waste, and wastewater facilities. His background includes a variety of project types that consist of transmission and distribution system piping, wastewater treatment plant upgrades, pumping stations, pressure control stations, and water treatment. He has provided a wide range of services during construction including office engineering, observation and construction management. His project management skills have been honed through the successful delivery of multidiscipline infrastructure projects in southern California and across the US -he is one of H DR's most experienced project managers . He will provide consistent guidance to HDR project teams , and manage the overall contract to deliver on the scope objectives while maintaining schedule and budget. RELEVANT EXPERIENCE Metropolitan Water District, Water Treatment and Pipeline On-Call Services, Los Angeles, CA Project Manager. Steve has managed this on-call contract for Metropolitan since the end of 2013 . Since that time, he has selected the appropriate project team and managed the contract for four different task orders . He is currently the project manager for one task order; providing UPS replacement at all five Colorado River Aqueduct Pumping Stations. NAVFAC Camp Pendleton, P-1045: New Potable Water Conveyance On-Board Marine Corps Base, San Diego, CA Project Manager. This projects connect the north and south base systems to increase the overall reliability of the MCB Camp Pendleton water systems. The project is comprised of over 31 miles of new pipelines, 3 pumping stations, and a storage reservoir. HB -3 85- City of Corona Department of Water and Power, Mangular Blending Facility, Corona, CA Project Manager. Designed a new 5,000 gpm dual zone booster pumping station , which included a building to house 1060-and 1220-Zone pumps, and emergency generator, site security, chemical facilities to inject sodium hypochlorite and ammonia to produce monochloramines for disinfection , blending station improvements, and noise abatement. Energy saving components were incorporated, which included a micro-turbine at the blending location and solar panels on the neighboring dual reservoir roofs . City of Newport Beach, Industrial Way Water Transmission Main Replacement, Newport Beach, CA Managed the routing study, design, bidding, and construction engineering services for the replacement of a 2,000 linear feet Item 15. -172 465 City of Huntington Beach, Public Works Department I On-Ca ll Wate r Eng in eer in g & Professional Consulting Services I Append ix: Item 15. - 1 7 3 STEVE FRIEDMAN {CONTINUED) (LF) of 14-inch-diameter water main located in Industrial Way between Superior Avenue and Newport Boulevard, and a 30-inch-diameter water main that traverses the city's general services department. The two existing water mains were replaced with a single 36-inch- diameter water main within the Caltrans and City of Costa Mesa public street right-of-way. The project also consisted of designing a new 8-inch-diameter water main to connect from the replaced water main to an existing water main. City of Pomona, Perchlorate Treatment System, Pomona, CA Project Manager. Managed the design, construction, start up, acceptance testing and permitting assistance for a 16.6 MGD perchlorate anion exchange treatment plant. Design included providing intermediate pumping to deliver the finished water to Reservoir 6, redundancy of process equipment, security for the facility, and incorporation of the system operation into the City's SCADA network and with the existing AEP processes. Irvine Ranch Water District, IRWD- Shady Canyon Offsite Pipelines (Bonita Canyon), Irvine, CA Project manager for design, bidding, and construction engineering services for four miles of 24-inch- diameter and one mile of 36-inch-diameter recycled water transmission mains, two miles of 16-inch-diameter domestic water transmission main, and a half mile of 15-inch-diameter sewer line. The design required close coordination with The Irvine Company, City HB -386 - Service Category A. Water Eng ine er ing of Newport Beach, City of Irvine , and several other consulting firms. Developer driven schedules required three separate bid packages that further complicated the project. The total estimated construction cost for this project is approximately $9 million. Poseidon, Carlsbad Desalination Plant Intake Facilities Preliminary Design, Carlsbad, CA Project Manager. Steve oversaw a diverse design team to prepare preliminary design and contract documents for design build procurement of the Carlsbad Desalination Plant's new intake facility. It consists of a new 198 mgd (368 cfs) water pumping station, modifications to the existing 127 mgd (235 cfs) process water pumping station, a new fish screening structure with a 1,000 feet long 24-i nch diameter fish return pipeline, and two large diameter pipeline designs: 500 feet of 72-inch pipeline and 100 feet of 84-inch pipe. Special features include a shoring design for deep excavation and high groundwater, an electrical building for the 1,000 horsepower pumping system, ingress/egress modifications to the existing plant, and environmental. The team also prepared twenty conceptual alternatives under client direction for permitting approval in accordance with the Ocean Plan Amendment. 19 466 City of Huntington Beach , Public Works Departmen t I On-C all Wa ter Eng inee ring & Profess iona l Cons ul ting Serv ices I Appendix: EDUCATION Mast er of Science , En vironmental Engineering (Civ il Engineering wi t h En viro nm ental Emphas is), U nivers ity of M iam i, 2006 Bac helor of Scie nce, Che mi st ry (C hemis t r y and Env i ro nm en t a l Hea lth Scie nce), Uni ver si t y of Miami , 2004 REGISTRATIONS Profess iona l Enginee r - Ci vi l, Cali fo rn ia, U nit ed St ates, No . 768 24 LE ED Accredited Profess iona l, U nit ed States National Reg istrati o n, No. 10328834 PROFESSIONAL MEMBERSHIPS A m erican Soc iety of Civ i l Engineers (ASCE), Assoc iate Me mber, 2 007-2017 Wate r Environment Federa t io n, Me m ber, 2011 -2017 Asia n Ame r ican Arch itec t s/ En g ineers A ssoc iat io n (AAa/e), Member, 2014 -2017 WateReuse , Member, 2015-2017 Service Category A. Water Engineering Amy Oma.e, RE, LEED AR • • *•• -• • • ... . . Task Order Manager • •. Amy is a proven project manager with extensive experience in water and wastewater master planning, design, and engineering services during construction projects throughout Southern California. Her expertise is in the design of treatment plant processes, pipeline alignments, mechanical pumping systems, pilot testing and research, alternative technology evaluations, mass balance and financial model development, data analysis for technically based local limits, quality assurance, and field engineering services during construction. RELEVANT EXPERIENCE NAVFAC P1046 North Area Waste Water Conveyance Project Design and Construction Services, Camp Pendleton, CA Responsible for the design of the Tributary Area Pump Station 9 (TAPS9), decommissioning and demolition of the Sanitation Treatment Plant 9 (STP9), and QA/QC review . HOR served as Designer-of-Record for the installation of new wastewater conveyance, pumping, and storage facilities at Marine Corps Base Camp Pendleton (MCBCP) in San • Diego. The new facilities prov i de enhanced infrastructure to convey increased sewage flows throughout the camp and convey wastewater to the Southern Regional Tertiary Treatment Plant (SRTTP). HOR provided preliminary and final design along with engineering services during construction. The P-1046A project includes 28,500 feet of 6-inch through 20-inch HOPE wastewater force main, 7,000 feet of gravity sewer manhole and pipe capacity increase from 8-inch to 10-inch, approximately 2,500 feet is upsized by pipe bursting, five separate Horizontal Directional Drill locations under environmental and HB -3 87 - cultural boundaries and beneath Caltrans and Railroad rights-of- way with a total distance of about 10,000 feet, four new lift stations and one lift station upgrade with capacities ranging from 500,000 gpd up to nearly 2 mgd , emergency overflow storage for four lift stations , demolition of existing lifts stations and a 1.5 mgd wastewater treatment plant. Irvine Ranch Water District, Water Supply Reliability Evaluation, Irvine, CA Project Engineer. Prepared a Water Supply Reliability Evaluation report for the Irvine Ranch Water District (IRWD). HOR evaluated seve ral potential future water supply scenarios. Prov ided modeling and evaluation of local and imported water supply reliability under a variety of emergency scenarios based on a rigorous and transparent probability of risk analysis . Recent climate change research and projected reliability of imported water resources were i ncorporated into the analysis . Level of service expectations were established and mitigation strategies developed. Item 15. -174 467 City of Huntington Beach , Public Wo rks Department I On-Call Water En gineer ing & Professional Consul tin g Services I Appendix: Item 15. -175 AMY OMAE (CONTINUED) Mesa Water District, Pipeline Integrity Testing Program, Costa Mesa, CA Responsible for managing the overall project and defined tasks for this as-needed consulting services contract. Mesa Water District performed an age-based assessment for over 300 miles of water distribution piping , which resulted in an estimated replacement cost of $300 million within the ne xt 30 years. Because their break rates were not consistent with this forecast, HOR was selected to assist Mesa Water in the determining the remaining useful life of their water main pipeline by evaluating historical data, identifying the appropriate test methodology, and continuously refin ing the testing program to focus Mesa Water's rehabilitat ion and replacement efforts and provide the most value to customers. The scope expanded to include performing a survey of the cathodic protection system and a close-interval survey. Irvine Ranch Water District, Michelson Water Reclamation Plant Phase 2 Expansion, Design and Engineering Services During Construction, Irvine, CA Responsible for developing the financial model to evaluate biosolids and sludge handling alternatives analysis , design of the agitation aeration distribution system for the influent junction structure, headworks, primary splitter bo x, and primary distribution channel, managing and performing QA /QC review of submittal reviews and requests for information (RFls), change orders, civil site grading HB -38 8- Se rvice Category A. Water Engineering design , and field engineering . HOR performed the conceptual design, preliminary design, and final design, and provided engineering services during construction of the Michelson Water Reclamation Plant Phase 2 expansion to 33 mgd. Improvements included influent sewers , headworks, expansion of the primary sedimentation tanks , new primary effluent pumping station and flow control, modified flow equalization basins, secondary treatment ex pansion with membrane bioreactors (MBR), new high-rate clarifier to treat filter backwash , effluent filtration, new ultraviolet (UV) disinfection system, reclaimed water pumping, modifications to chlorine contact basins , chemical feed systems, new pumping and other ancillary facilities, and electrical modifications. City of San Mateo, Clean Water Program, Nutrient Removal and Wet Weather Flow Management Upgrade and Expansion Project, San Mateo, CA Project Engineer and DUCT Design Lead. Responsible for design of the dual use contact tank and flow split structure and assist the design of the biological nutrient removal (BNR) system. HOR performed the conceptual design and is in the process of developing the preliminary design and final design of the San Mateo/Estero Municipal Improvement District (EMID) Wastewater Treatment Plant. 21 468 City of Hunt ing ton Beach , Public Works Department I On -Cal l Water Engineering & Professiona l Consulting Services I Appendix: EDUCATION Bachelor of Science -Chemical En gineering, California Polytechnic University, Pomona REGISTRATIONS State of California , Professional Chem ica l Engineer -#6291 State of Arizona , Professional Chemical En gineer -#48417 State of Idaho, Professiona l Chemical Engineer -#15476 State of New Mexico, Professio nal Chemical Engineer -#21879 NAC E International Cathodic Protection Technologist CP-3 #17978 Cathodic Protection Specialist CP -4 #17978 Cathodic Protection Interference NCCER Corrosion Prevention Field Technician 1 NCCR Abnormal Operating Cond itions - Fie ld Ops Service Category A. Water Engineering Brien Clari<, PE Task Manager, Corrosion Control/Cathodic Protection Lead Brien Clark is the Manager of Technical Services for HOR Engineering , Inc. He has been with HOR Engineering since 2000. Brien has performed condition assessments, external direct assessments, failure analyses, soil corrosivity studies, water aggressivity studies, cathodic protection surveys, cathodic protection/corrosion control designs, and construction checkouts. RELEVANT EXPERIENCE City of Huntington Beach, Yorktown Transmission Main Rehabilitation -30" Project Manager/Project Engineer. The project entailed the installation of corrosion test stations, three impressed current cathodic protection deep wells and rectifiers , pipeline internal and external joint bonding, and electrical isolation joints for an existing 30-inch cement mortar lined and coated (CML&C) steel water transmission main. Technical construction management services were provided including interpreting design document intent for the City, responding to contractor RFls and RFCs, and performing construction witnessing and check-out testing . Field testing included performing electrical continuity measurements along the pipeline ; witnessing and testing the installation of the cathodic protection systems including deep well drilling, anode conformance and inspection, cable inspection, anode loading, well logging, and rectifier installation and testing; confirming the installation and effectiveness of electrical isolation devices; performing a pipe-to-soil potential survey of existing test stations to establish a potential baseline; and performing a pipe-to- soil potential survey after rectifiers HB -389- were energized and the pipeline had polarized to verify the effectiveness of the impressed current cathodic protection systems. Troubleshooting with respect to unusual potential fluctuation was also investigated for stray cu r rent activity. City of Huntington Beach I Annual Corrosion Survey, Huntington Beach, CA Cathodic Protection Design Reviewer. H DR provided condition assessment and corrosion engineering services for the City of Huntington Beach's five (5) pipeline systems . The five (5) systems , include eleven (11) pipelines , 138 test stations , 34 insulating joint (IJ) test stations, 35 cathodic protection sacrificial anode beds, and 3 rectifiers. In addition to the facilities tested in 2012 , HOR included new facilities that were subsequently added including the Huntington Beach Utility Yard, the 12-inch Harbor Crossing, and the 30-inch Yorktown Pipeline cathodic protection systems. Scope of services included records review; pipeline condition assessment survey of all corrosion monitoring test stations, CP rectifiers, performing instant Off survey of all impressed current systems , minor repairs at rectifiers and Item 15. -176 469 Ci t y of Hunting ton Beach , Pub li c Wor ks Depar t ment I On -Call Wate r En ginee ring & Pro fe ss ional Consult ing Se rvices I Append ix : Item 15. -177 BR I EN CLARK (CONTI NUED) corrosion monitoring test stations, mon itoring Slip Lined 30-inch DIP within the 42-steel pipeline (special CP probes), coordinating with City on locating missing CP test stations (16 each), and performing minor maintenance and cleaning of all CP test stations; provide a written report with findings and recommendations. City of Huntington Beach I Feeders OC-9 and OC-35, Huntington Beach, CA Project Manager, Project Engineer. The two pipelin es were appro ximately 53 and 43 years old , respectively . Feeder OC-9 is a 14 -to 30 -inch diameter cement mortar lined and coated (CML&C) steel , PVC, and ductile iron pipeline, running appro x imately 46,000 feet (8 .72 miles). Feede r OC-35 is a 27- to 36-inch diameter CML&C Steel pipeline , r unning appro ximately 31 ,300 feet (5 .93 miles). HDR provided recommendations for controlling corrosion on the two pipelines based on documentation provided by the city. Inland Empire Utilities Agency District I As-Needed Corrosion Assessment Services, Chino, CA Contract/Project Manager. The Inland Empire Utilities Agency (IEUA) is a regional wastewater facility in southern California that operates five regional plants and processes 60 mgd. HDR was selected as a consultant to provide corrosion assessment services as-needed on this 5-year contract. Since inception, condition assessments have been conducted on numerous headworks , wet HB -390 - Service Category A. Wa ter Engineering wells , influent pump stations, grit chambers , diversion structures , primary clarifiers , secondary clarifiers , digesters, aeration basins , and various process piping across the five treatment facilities . Mr. Clark is the contract manager and has served as the project manager on the majority of the task orders to date . He is also the quality reviewer and eng i neer of record for the final reports . Lower Busch Tank Cathodic Protection Design, Los Angeles Department of Public Works (LADPW), Malibu, CA. Contracted through the tank designer, Cannon Corporation , services provided included cathodic protection design to protect the interior of a proposed welded steel 0.47 MG water reservoir. Deliverables included plan, elevation , and detail drawings, and a techn ical specification. Design Reviewer. Southeast Water Reliability Project (SWRP), Central Basin Municipal Water District (CBMWD), Pico Rivera, CA. This project entailed the design of approx imately 70,000 linear feet of 42-inch diameter recycled water transmission pipeline and booster pump station. Corrosion- related deliverables included a 30 % pre-design repo rt, cathodic protection calculations , plan and detail sheet drawings, and technical specifications . Report Reviewer and Design Reviewer. 23 470 City of Huntington Beach , Public Works Department I On-Ca ll Wa ter En gin eer in g & Professional Consulting Se rvices I Appendix: EDUCATION Master of Business Admin, Finance , University of Southern California (USC), 1994 Bachelor of Science, Civil En ginee r ing, University of Utah , 1981 Bachelor of Arts , English Language & Literature, Uni versity of Utah , 1978 REGISTRATIONS Structural En gineer, Californ ia, US , #S3020 Professional Engineer -Civi l, California, US , #C38094 PROFESSIONAL MEMBERSHIPS American Public Works Associat ion (APWA), Membe r American Society of Civi l Engineers (ASCE) Member American Water Works Association, California Nevada, Pipeline Rehabilitation Committee, Former Chair American Water Works Association, Member Amer ic an Water Works Association , Nationa l AWWA, Water Main Rehabilitation Committee , Former Chair Service Category A. Water Engineering ,, Dan Ellison, PE • -• : Task Order Manager Dan has gained national and international recognition as an expert on pipe assessment, rehabilitation , and trenchless construction, ha vi ng authored several books on the subject. He is the former Chair of the Water Main Rehabilitation Committee of AWWA . Dan has managed groups with more than 40 employees and programs with annual budgets up to $40 million . Projects have ranged from record-setting trench less river crossings, to published research , to po w er plant retrofits , even a fish ladder. This diversity of projects along with superior management skills of people and programs make Dan tremendously flexible and creative. With more than 35 years of civil and structural engineering experience , Dan has design and construction experience in both the energy and water supply fields on projects ranging to the multi-billion dollar range. RELEVANT EXPERIENCE Otay Water District, Annual Corrosion Surveys San Diego, California The OWD has an ongoing Cathodic Protection (CP) Program. The program consists of monitoring and maintaining 60 separate pipelines and 29 reservoirs as well as providing design services for future projects. As part of the Scope of Work HDR is responsible for repairing cathodic protection systems having deficiencies on 29 steel reservoirs . City of San Diego, California, As- Needed Engineering Wastewater Facilities Condition Assessment San Diego, California Provided as-needed corrosion engineering and condition assessment services for city's sewer pipeline system which includes pipelines ranging from eight-to 120-inches in diameter force mains and trunk sewers. Task orders have included a rigorous evaluation of the consequence of failure and a thorough analysis of the likelihood of failure combining both field condition data and statistical analysis. Work included the use of closed circuit television (CCTV) HB -3 9 1- to gather review and validate all available data and update the existing CCTV Tool Box . Other tasks performed included preparation of a condition assessment work plan field data collections and preparation of a repair/rehabilitation and replacement (R&R) action plan that included a comprehensive financial analysis projected timeline and cost estimate for each pipeline implementation. City of Buena Park, Pipe Criticality Assessment Buena Park, California The city was concerned about the system's remaining useful service life and was interested in developing a plan for future replacement of their distribution piping. HDR conducted a criticality assessment of the city313436s asbestos concrete (AC), ductile iron, and steel pipes to prioritize assets requiring immediate attention by means of replacement or repair. Over 40 percent of the existing pipelines were over 50 years old, with the oldest in service for approximately 65 years. H DR performed analysis of available break data and compared to industry norms, field corrosion survey, and acoustic velocity testing. Item 15. -1 7 8 471 City of Huntingt on Beach , Public Works Department I On-Call Water Engineering & Professional Consulting Services I Ap_pen~ix : Service Category A. Water Engineering Item 15. -179 DAN ELLISON (CONTINUED) Long Beach Water Department, Sewer Lift Station S-1 Claremont, Los Angeles, California HDR was selected by Long Beach Water Department to provide engineering design and bid/ construction phase services for the S-1 Sewer Lift Station Rehabilitation project. Work includes numerous lift station improvements needed to address issues with structural mechanical electrical and instrumentation components address the current condition of SLS S-1 develop rehabilitation alternatives and develop plans and specifications to implement the rehabilitation and construction bidding assistance through contract award . Western Municipal Water District, -Nondestructive Condition Assessment alternatives for the Mills Gravity Pipeline Claremont, Los Angeles, California Nondestructive Condition Assessment (NDA) for Western Municipal Water District (Western) on the Mills Gravity Pipeline (MGL) to determine existing and probable future conditions develop rehabilitation plans to reduce failure risks (if determined needed) to maximize the life of the MGL. Water Research Foundation, WRF 4471 Leveraging Data from Non- Destructive Examinations to Help Select Ferrous Water Mains for Renewal Denver, Colorado, The objective of this project is to demonstrate that N DE can be used cost effectively on some mains and the results can be used to infer the condition of similar mains. Tailored Collaboration partners: DC HB -392 - Water Denver Water Los Angeles Department of Water and Power Fairfax Water and Seattle Public Utilities. WRF 4034 Failure of Pre-stressed Concrete Cylinder Pipe Dan characterized PCCP failure rates in the U.S. investigating the past 65 years. The research used an actuarial approach to PCCP pipe segments and identified and predicted based on manufacturing installation and design dates portions of the population that have the highest likelihood of failure. In addition the project developed a general evaluation matrix to help utilities identify prestressed concrete cylinder pipe (PCCP) with the highest risk of failure in their systems. Tahoe Keys Property Owners Association, Water Distribution Piping Condition Assessment South Lake Tahoe, El Dorado, California The purpose of this project is to provide waterline assessment of AC and galvanized iron pipe at four of the worse anticipated locations in the system to determine pipeline condition. H DR expects to conduct a series of laboratory and field tests to determine the corrosivity of the soil and transported water and the remaining strength of the pipe material in the distribution system by evaluating the mechanical strength and the depth of deterioration to the pipe wall. 25 472 City of Huntington Beach, Pub lic Works Department I On-Ca ll Water Engineer in g & Pro fe ssio nal Consulting Services I Appendix: EDUCATION Mas t er of Science, Environmental Engineering , University of Windsor, Ontario, Canada , 2004 Bache lor of Civil Engineering , Civi l & En viro nmental Engineer, 1997 REGISTRATIONS Profess ional En g ineer - Civil , California, United States , No. 81123 NASSCO Pipeline Assessment and Certification Program, United States Nati o nal Registration, No. U-1114- 06022800 NASSCO Manhole Assessment Ce rtification Program (MACP), United States Nati ona l Registratio n, No. U-1114- 06022800 Service Category A. Water Engineering James Wang, PE • . Pump/Booster Stations, Reservoirs/Tanks James has more than 21 years of experience with municipal and industrial wastewater treatment, water treatment, mechanical pumping systems including storm, potable , irrigation and wastewater; water distribution and sewage collection, contaminant fate during sewage treatment, water quality modeling and AutoCAD 2012. In addition, James is proficient in innovative and cost effective design with operations a top priority. He is adept at coordinating project plans with multiple disciplines and consultants . Other responsibilities include field engineering, supervision and monitoring, particularly for pump stations, sewer lift stations and water quality testing. RELEVANT EXPERIENCE City of Corona Department of Water and Power, Mangular Blending Facility, Corona, CA Project Engineer. Designed the new Mangular Blending Facility which includes a dual zone Booster Pumping Station with a total firm capacity of 5,000 gpm using five pumps. Additional components include provisions for emergency power; chemical facilities to inject sodium hypochlorite and ammonia to produce monochloramines for disinfection; and improvements to the existing facility blend well water with treated water. P-1045: New Potable Water Conveyance On-Board Marine Corps Base, San Diego, CA Design Manager. HDR served as Designer-of-Record for Project P-1045, installation of new potable water conveyance, pumping, and storage facilities at Marine Corps Base Camp Pendleton (MCBCP). Project P-1045 includes appro ximately 99,400 linear feet of 24-inch nominal diameter high density polyethylene (H DPE) pipeline; 26 ,600 linear feet of 14-inch nominal diameter HDPE pipeline; three pumping stations HB -393 - (160hp, 2.0 MGD capacity; 60hp, 1.4 MGD capacity; and 225 hp, 5.0 MGD capacity); a new three million gallon capacity AWWA D-110 Type 111 pre-stressed concrete reservoir; and a new pressure reducing station. Project P-1046, Waste Water Conveyance Marine Corps Base, Camp Pendleton, CA Design Manager. HDR served as Designer-of-Record for Project P-1046, installation of new waste water conveyance, pumping, and emergency overflow storage facilities at Marine Corps Base Camp Pendleton (MCBCP). Project P-1046 includes approximately 30,000 linear feet of high density polyethylene (HDPE) pipeline ranging from 4-inch to 10-inch; five lift station(120hp, 4 .6MGD capacity; 120hp, 3.2 MGD capacity; 75hp, 1.5 MGD capacity; 30hp, 1.0 MGD capacity and 20 hp, 0.3 MGD capacity); a new emergency overflow storage structure. Item 15. -180 473 City of Huntington Beach , Pub lic Works Department I On-Call Wa ter Enginee ri ng & Professiona l Co nsu lting Serv ices I Appendix: Item 15. -181 JAMES WANG (CONTINUED) Mountain House Development Tank and Booster Pump Station, Mountain House, CA Project Engineer. Designed two twin 3.7 MG concrete tanks and a multi- zone multi-pump water booster pump station. The facility was required as part of the community's master water plan and provides pressure stabilization potable and emergency storage and inter-zone pressure regulation. The dual-zone pump station allows water from either storage tank to be boosted into either of two pressure zones. Chemical injection facilities located within the facility automatically maintain chlorine residuals within the tanks as well as water entering the distribution system. The facility serves both planned residential development and the Delta Community College. City of Lathrop Tank and Booster Pump Station, Lathrop, CA Project Engineer. Designed a new 3.6 MG welded steel water storage tank and booster pump station servicing the Central Lathrop Specific Planning (CLSP) area. The pump station consisted of multiple VFD controlled pumps with a domestic capacity of up to 5,500 gpm. In addition the station features a 2,500 gpm NFPA 20 certified fire pumping system. The station has a PLC based remote telemetry and SCADA control system with automated chlorine residual control. Project Engineer. Goleta Wastewater Treatment Plant Upgrade, Goleta Sanitary District, CA. After preparing the preliminary design report and validation study, HB -394 - Service Category A. Water Engineering HDR modified the headworks, upgraded the treatment plant to full secondary standards using a trickling filter/activated sludge system, designed a new blower building, expanded secondary sedimentation capacity, designed for new flow equalization, and designed a new thickening and dewatering building. Design also included site/civil work, paving and grading. The improvements expand the capacity of full treatment to appro ximately 9 mgd. Edward C. Little Water Recycling Facility Expansion Design-Build Services, West Basin Municipal Water District, El Segundo, CA. Conducted a feasib i lity study and provided engineering to support design-build services to increase the capacity of barrier water to 12.5 mgd total capacity and increase the capacity of Title 22 water to 40 mgd. Phase IV improvements included upgrades and expansion of the Title 22 treatment system , solids handling system , chemical systems, microfiltration treatment system (includes a new 10 .8 mgd microfiltration system), reverse osmosis treatment process, ultraviolet (UV) disinfection treatment system, and site. Title 22 treatment system improvements included demolishing the flocculation basins, constructing a 20 mgd high-rate clarifier, extending the Title 22 treatment train No. 1 conventional gravity filter gallery, adding two chlorine contact basins, and adding two medium voltage variable frequency drives (VFDs) on the Title 22 product water pumps . 27 474 City of Huntington Beach . Public Works Department I On-Cal l Water Engineering & Professio nal Consulting Serv ices I Appendix: EDUCATION Bachelor of Science Ci vil En ginee r ing California Polytechnic State U nivers it y, San Luis Ob ispo REGISTRATIONS Professional En ginee r C66885 California Service Category A. Water Engineering Dave Spencer, PE • ) _ • Condition Assessment and Rehab David Spencer developed and implemented asset management programs encompassing over 60,000 miles of pipelines in the U.S. David specializes in developing and implementing practical results-oriented programs for aging water, recycled water, and wastewater infrastructure. He is adept in interacting with all levels of a utility organization from field staff to management. David is currently engaged in the evaluation of several emerging condition assessment technologies including acoustic testing, non-destructive examinations, an ASCE Manual of Practice, and other Water Research Foundation projects. Proficient in ESRI and Microsoft analytical tools, David has supported many high performing utilities in building and refining asset management practices including the Cities of San Diego , Poway, Vista, Phoenix and Honolulu, Vista Irrigation District, Los Angeles Bureau of Sanitation , Johnson County Wastewater, and Seattle Public Utilities . RELEVANT EXPERIENCE Water Research Foundation, WRF 4471, Leveraging Data from Non- Destructive Examinations to Help Select Ferrous Water Mains for Renewal, Denver, CO. The objective of this project is to demonstrate that NDE can be used cost effectively on some mains, and the results can be used to infer the condition of similar mains. Mesa Water District Pipeline Integrity, Costa Mesa, CA. Technical Lead . Scope of work for the project included estimating the remaining life of the pipelines based on measured pipeline properties, identify specific pipes that require replacement, and refine the testing program to provide the most value to the ratepayers. Thru this program, HDR was able to save Mesa Water approximately $100,000 per year in pipeline testing. HB -3 95- 2016 Comprehensive Sewer Management Plan, City of Vista, CA. David is developing an asset management program and plan that will close gaps in the asset registers for GI S/Cityworks/Pipelogix/ hydraulic model. David will identify likelihood and consequence of failure for asset risk, replacement costs, renewal prioritization, and evaluation of levels of service and associated levels of investment. David will conduct workshops with operations staff on best practices and SOPs. The results of asset management analysis and asset information will be coordinated with GIS staff for inclusion in appropriate systems and the identification of asset management software. A continuous improvement plan will be developed that includes analysis of existing business processes and systems and identification of prioritized opportunities for improvement for policies, processes and systems. Item 15. -182 475 City of Hunt ing ton Beach, Public Works Department I On-Call Water Eng ineering & Professional Consulting Se rvices I Appendix: Item 15. -183 DAVE SPENCER (CONTINUED) Asset Management Plan, Otay Water District, Otay, CA. Prepared a district-wide asset management plan as the framework for district staff to implement the ongoing condition assessment and associated service life estimates for all of the fi xed assets. The project included the development of asset criticality criteria, condition assessment rating and ranking criteria, and asset valuation methodology that serve as the basis for future rates and bond financing. City of Westminster, Westminster Distribution System Renewal Program Prioritization and Modeling, Denver, CO. Evaluated the water distribution system and prioritized water main repair and replacement projects based on a number of criteria . A risk analysis and prioritization factors matrix was established and was used to develop an optimized pipe and va lve replacement capital improvement program (Cl P). HB -396 - Service Category A. Water En gi neering Vista Irrigation District, City of Vista, CA H DR was selected by Vista Irrigation District (VID) to prepare an update to their 2000 Potable Water Master Plan. As part of that Master Plan , condition assessment of the District's reservoirs and pipelines is being conducted and prioritization of rehabilitation and replacement projects. David is leading the condition assessment and renewal prioritization components of the project which includes assessing and cleansing existing data , quantifying deterioration, identifying investment scenarios compared with level of service, and incorporating results into the master plan. City of Poway, Utilities Operational Effectiveness Study (UOES), Poway, CA. Project Manager who reviewed operational activities for the potable water, wastewater operations, and recycled water, then assessed their organizational efficiency and effectiveness to prepare an operational effectiveness report with competitive levels for (O&M) of the system with recommended cost savings and improvement strategies. Worked closely with the city's public works department's utilities manager and key representatives from labor, management and employees. 29 476 City of Hunt ington Beach, Pub lic Wor ks Department I On -Ca ll Water Enginee ri ng & Professiona l Consulting Services I Appendix: EDUCATION Bachelor of Science - Earth Sciences , Uni versity of California , San Diego , June 2004. Master of Science -Earth Sciences , University of California , San Diego, December 2005. REGISTRATIONS Registered Professional Geologist, California, Un ited States , No. 8580 Certified Hydrogeologist, California , United States, No. 974 Drink i ng Water Treatment Operator, Leve l T2, Cal ifornia, United States, No. 30382 Drinking Water Distr i bution Operator, Level D2, California , United St ates, No. 39368 Serv ic e Cate gor y A. Wate r Eng in eer ing Andrew Cherene, PG, CHG -. • . Wells • . . . Andrew Cherene has 12 years of ex perience in the environmental field with ex pertise in groundwater monitor ing , drilling, well installation, soil sampling, Phase I and Phase 11 environmental site assessments , soil vapor sampling, and groundwater resources. He manages drilling programs and designs , installs, develops , and tests water supply wells . He also conducts sampling and analysis field programs to support regulatory compliance , pre- construct ion site characterization, and aqu ifer modelling. RELEVANT EXPERIENCE City of Santa Monica, Olympic Well Field, Santa Monica, CA Andrew Cherene was project manager and primary author of the quarterly groundwater monitoring report and manager of field tasks. Groundwater contamination surrounding the City Corporation Yard and the Bergamot Arts Center has been linked to a release of gasoline from underground storage tanks on the Corporation Yard property. Chlorinated solvents from former PaperMate and Douglas Aircraft Facilities have also migrated to the groundwater beneath this site, compromising water quality in the City 's Olympic Well Field. Olympic is one of three major well fields that serve as the drinking water source for the City. The other two, Arcadia and Charnock, also have a recent history of impacts from leaking underground storage tanks. HB -397- City of Oxnard, Highway 101 at Rice Ave Reconstruction Project, Oxnard, CA. Andrew Cherene was lead geologist for investigation and remediation activities associated with the Former Jim 's Te xaco service station and environmental support activities for the construction surrounding the interchange. Project tasks included site characterization of commingled fuel releases , well abandonment, development and implementation of a risk assessment sampling and analysis plan , and plume characterization for the protection of drinking water wells . This project required close coordination with regulatory age_ncies to obtain t imely closure of the site under the schedule constraints of a major interchange and bridge reconstruction project. Item 15. -184 477 Cit y of Hu ntingto n Beac h, Pu bl ic Wor ks De par tme nt I On -Ca ll Water En gineering & Profess iona l Consulting Services I Append ix : Item 15. -185 ANDREW CHERENE (CONTINUED) Antelope Valley Water Bank, Willow Springs Aquifer Storage and Recharge, Antelope Valley, CA. Prior to initiating an aquifer storage and recovery (ASR) project, a groundwater basin and its aquifers must be adequately characterized with respect to potential yields, storage capacity, and water quality. Andrew Cherene managed a field sampling program that collected samples from idle irrigation supply wells and active domestic water supply wells to analyze for naturally occurring compounds that may present a challenge for the proposed ASR program. Pier B On-Dock Rail Support Facility, Long Beach, CA. HDR is providing engineer i ng services for the project. Some key components of the project include realignment of Pier B Street to accommodate new yard tracks construction of approx imately 80000 feet of new trackage at the Pier B Rail Yard design of classification yard facilities and /or a potential Near Dock lntermodal Cargo Transfer Facility (ICTF) in the North Harbor Area and feasibility studies and alternative analysis for potential grade separations at 9th Street and the North Harbor Area. Since 1996 HDR has provided engineering services to the Port of Long Beach under two separate on-call contracts . In total seven final design packages have been completed on budget and on schedule under this contract. HB -398 - Serv ice Catego ry A. Wat er Eng inee ring NextEra Energy, Blythe Solar Generating Station. The design phase of the project required exploration for a source of cooling and cleaning water in California's Sonoran Desert. The prog r am drilled a test well to a depth of over 1800 feet to sample discrete aquifer zones for water quality and test them for production potential. Separate zones were packed off to be tested for yield potential and water quality. Overdraft of near-surface drinking water source aquifers would have been met with regulatory opposition , while brackish deep zones would have provided very poor quality water. Andrew Cherene oversaw drilling and well installation activities for the test well . 3 1 478 City of Hunt ing ton Beach , Publ ic Works Department I On-Call Water En gineering & Professio nal Consult in g Services I Appendix: I-)~ Se rv ice Category A. Water Engineer ing EDUCATION Bachelor of Science - Chemical En gineer i ng California State Po lytechnic University, Pomona , CA REGISTRATIONS En g in eer-I n-T raining (EIT), State of Ca lifornia #153360 NAC E Cathodic Protection Technician (CP-2), #63436 Confined Space Certified OSHA 30-Hours PROFESSIONAL MEMB ERSHIP NAC E International #673147 Erika Perez, E11 . • Corrosion Control/Cathodic ,Protection • . • ,s • ""' "'"'"" 'i-)L;, 1 } J ">f'"'z,, t "' :±" Erika Perez is the Field Services Supervisor with H DR Engineering, Inc. She has been with HDR since 2007. Erika has ex perience in soil analysis, soil corrosivity studies, corrosion condition assessments of wastewater facilities and potable water tanks, external corrosion direct assessments, cathodic protection (CP) system design for tanks, construction support services, field surveys for existing cathodic protection systems on pipelines and reservoirs. RELEVANT EXPERIENCE City of Huntington Beach, Annual Corrosion Survey, Huntington Beach, CA Corrosion EIT. The project was an annual corrosion survey of the City's 11 pipelines, consisting of 170 test stations, and providing recommendations for future corrosion control. Ms. Perez served as corrosion EIT. The survey was performed by the interruption of existing rectifiers and galvanic anodes and measuring the on/off potentials. A report was prepared documenting all the testing data with recommendations for general corrosion control. Irvine Ranch Water District I Three Year Cathodic Protection Monitoring Program, Irvine, CA Lead Field Engineer. HDR was recently awarded this cathodic protection project consisting of 35 impressed current and 4 galvanic systems , 40 rectifiers, approximately 500 corrosion test stations, and 17 reservoirs. Pipe sizes vary between 16-inches and 54-inches. Pipe materials include CCP, SCC , DIP, and CML&C. Ms. Perez performed the pipeline CP corrosion survey, including on and instant off pipe-to-soil potentials, rectifier readings , anode current output, and insulating flange and casing isolation testing. HB -399- Metropolitan Water District (MWD), Lake Mathews Forebay Condition Assessment, Riverside, CA Erika Perez was the lead field engineer on the condit ion assessment of the concrete structure and rebar reinforcement at MWD's Lake Mathews Forebay. The structural assessment included exterior and interior visual inspections, concrete sounding, and pH testing. The rebar reinforcement assessment included potential mapping to determine areas of internal corroding rebar and electrical continuity testing. Concrete cores were also collected and analyzed by HDR's laboratory to determine the degree of concrete degradation. The condition assessment report included : tabulated test results, photo . documentation of notable features observed during the assessment, and recommendations based on conditions found to be in need of repair, remediation, or corrosion monitoring. Item 15 . -186 479 Item 15. -18 7 HB -400 - 3230 El Camino Rea l, Suite 200 Irvine, CA 92602-1377 714.730.2300 hdrinc.com We practice increased use of sustainable materials and reduction of material use . © 2018 HDR , In c., all rights rese rved. 480 EXHIBIT "B" Payment Schedule (Hourly Payment) A. Hourly Rate CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: B. Travel Charges for time during travel are not reimbursable. C. Billing 1. All billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perfonn that work and who performed it. 2. Each month's bill should include a total to date. That total should provide, at a glance, the total fees and costs incurred to date for the project. 3. A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULT ANT may be required to be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 4. CONSULT ANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULT ANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULT ANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shal I not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULT ANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULT ANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. Exhibit B 481 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. 2 Exhibit B 482 hdi'inc.com January 11, 2018 City Clerk's Office, 2nd Floor City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 !Exhibit BI RE: On-Call Water Engineering & Professional Consulting Services, Service Category A. Water Engineering -Cost Proposal/Rate Sheet Dear Selection Committee, HOR appreciates the opportunity to submit our fee schedule for the On-Call Water Engineering & Professional Consulting Services. We look toward to working with the City. Should you have any questions, please feel free to contact Steve Friedman at (714) 368-5634 or via email at steve.friedman@hdrinc.com Aaron Meilleur, PE Vice President 3230 El Camino Real, Suite 200, Irvine, CA 92602-1377 T 714.730.2300 F 714.730.2301 ~?~~ Project Manager 483 City of Huntington Beach, Public Works Department I On-Call Water Engineering & Professional Consulting Services I Cost Proposal/Rate Sheet I-)~ Service Category A. Water Engineering E. Cost Proposal/Rate Sheet Billing HDR acknowledges that all billing for work done by the end of billing period be submitted to the City on a monthly basis. Each billing will be submitted with a status report describing progress made during the billing period on each task along with percent complete for each task. Final billing will be approved for payment only after a completed status report has been approved by the City. HD R's accounting cycle typically coincides with the first of every month and we submit invoices no later than the 10th of every month. Minimum Time Rate Compensation terms are defined by Direct Labor Hours times an hourly billing rate for the services of HDR's personnel engag~d, plus reimbursable expenses. HDR will not apply a minimum time rate for this project. Procedures for Overtime Pay HDR follows fair employment practices. Hours worked in excess of eight (8) per day or forty (40) hours per week will be billed in accordance with the rate schedule presented on the following page at straight time for professional personnel and at 1.5 times for inspector, technician, and clerical personnel. If applicable, prevailing wage requirements will need to be negotiated at the issuance of each task order. Holidays HDR recognizes the following seven (7) holidays per year where HDR staff does not conduct normal business hours: • New Year's Day • Thanksgiving Day • Memorial Day • Day after Thanksgiving • • Independence Day • Christmas Day • Labor Day 0 When a holiday falls on Sunday, the offices will be closed on the following Monday. 0 When a holiday falls on a Saturday, the offices will be closed on the previous Friday. 0 Business hours on December 24th will be 8:00 AM to 4:00 PM. Travel Time The City's office is only 17 miles from HD R's office in Irvine, wherethis project will be managed. Depending on the time of day, we can be at your office on Main Street office within 35 minutes. Our vehicle mileage will be billed as a Reimbursable Expense per Federal travel regulations, which currently allots $0.545 per mile driven. Changes to the Rate Schedule if Contract is Extended If the contract is extended beyond the three-year base period, the rates may be increased based on salary adjustments and changes in CPI. Equipment, Miscellaneous Charges, and Subconsultants Personnel charges include the indicating instruments commonly used in corrosion testing. Specialized instrumentation/test equipment and facilities may require and additional charge. Other direct costs (ODC), such as outside consultants or laboratories, rental equipment and, miscellaneous expenses (including vehicle usuage, photography, reproduction, binding, overnight mail or courier services, etc.) will be charged at cost plus ten percent (10%). Permits and fees required for projects will be charged at cost. Costs for subconsultants, if any, will be charged at cost plus ten percent (10%). 01 484 City of Huntington Beach, Public Works Department I On-Call Water Engineering & Professional Consulting Services I Cost Proposal/Rate Sheet I-)~ • Service Category A. Water Engineering Rate Schedule Our proposed hourly rate schedule by job classification is provided below which covers payroll costs, employee benefits, and HDR overhead and profit. The hourly rate schedule will be in effect during the course of the contract or three years from the notice-to proceed date, which-ever occurs first. Personnel time is billed in half-hour increments . • sr:'tompany Officer/Prin2ipai°'inCharge ... • •• Sr. Construction Manager $212.00 $270 .00 Sr.Engineer f\,1gr/Sr.ProjectManager < $283 .oo .. ••• $353:oo \ Water Resources Sr. Engineer $277.00 • $335 .00 Pr~je2t Manager/Tasktv1~riager . \ . : , $202;Qo ) • <$271 .()0 ·.• • •• Sr. Project Engineer $190.00 $254.00 CcH1strJc:tion ins~edion .·. •• < \i1ss.66 •, $249:0o / ••. Database Programmer $173.00 $230.00 •Wate/Resourc~sPE > • •.··.· • • , •. $161.00 ··•· > $219 :oo 0. CADD/BIM/Designer $138.00 $197.00 Pr~jec:t Engin~er i •:· • $114.00 > •$185.Q() Project Administrator $99.00 $161.00 o;cu~e~t h6du~tionSpec:ialist < .••• $93.00 •• ••• <$1.Sl0() • EIT $86.00 $144 .00 .... Technician ··.··•.··.·· $70.00 : $127.00 ·. · Intern $58.00 $99.00 *Billing rates subject to 3.5% escalation (maximum) effective January 1st of each year. 02 485 !Bidder's List for Water & Engineering -2018 . "· ~, ,~ '"""' Company Name Phone CivilSource, Inc. 949-585-04 77 Civiltec Engineering, Inc. ! 626-357-0588 : Dahl, Taylor & Associates ' I 949-756-8654 I DMc Engineering I 949-753-9393 1ERSC Inc. i951-765-6622 I GEi Consultants, Inc. I 916-912-4930 i Geosyntec Consultants I I 310-957-6100 1GHD Inc j 949-585-5218 HOR Engineering, Inc. 1213-239-5800 ext. 5817 . LEE & RO, Inc. 626-667-5385 , Lochvood Andrews and Newnam ' ! 714-620-6520 i Michael Baker Intl 281-908-5335 1 Pacific Advanced Civil Engineering, Inc. 1714-481-7203 Psomas i 714-481-8026 I Quantum Quality Consulting, Inc. I 310-891-3994 SA Associates I I 626-821-3456 Tetra Tech 949-809-5208 West & Associates Engineering, Inc. !949-716-7670 486 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MMiDD/YYYY) ~ 6iL'20lii 3/26/2018 ~ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. 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LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. i'NSR .,., ____ , 'ADDL'SUBR • "''''T'roucy EFF ·roUcY EXP ' l.TR TYPE OF INSURANCE IN;i_Q WVD POLICY NUMBER • MM/DD/YYYY MMIDDiYYYY LIMITS ,\ I COMMERCIAL GENERAL LIABILITY 1 ClAIMS~MADE ,l OCCUH A(;Gf{EGAT[ Ufv1!T A 0 PLIES PER POLICY L ['""] LDC OTHCR. AUTOMOBILE LIABILITY NOT APPLICMl!.F NOT i\PPL!CABLE EACII OCCUl,Rr'NCE Is xxxxxxx DA,i,11\GE" to 'i{ENTE\Y , PREMl:';sfi.U::.o.occurcence', 1 S XXXX0,XX i· MED EXP(Anyone_person) __ ·s_XXXXXXX ___ , i PERSONAi. & ADV JN.HJRY i s XXX){XXX ' --·---1 . . . ' GENERAL AGGREG1\TE . I $ XXXXXXX .. ' PRODUCTS -COMP/OP AGG i $ XXXXXXX. I s f='~~~~~~i~~,fl~0 '.: 1 :L1Mlr. J:)(XXXXXX ANY,\UfO I sooILYIN,fURY(Perperson) ! _xxx:x.xxx -' O'NNt:O r--SCHEDUt.EO t o001LY INJURY (Per rJccidP-n:( S jAllfOSONLY I · AUTOS XXXXXXX Hlf!H} I : Nm,:ov/NED I PROPERTY DM1AGE xxxxxxv AUlOS ONI Y y /\UTOG otJLY ... ..,_, ---~------------sc----------·-(_P,_;r ,1t·,c_1.:L_-•r_&_._-,,~_··_--_-_-_____ • __ • __ ·_A _ __, _ 1 _ ... _ : s xXxxxxx UMBRELLA LI~·: OCCUR ' NOT APPL!Ci\BLE , EACH UCCURHl:NC2 . LXXXXXXX EXCESS LIAB r--. Cl AIMS-MA □c: l_,,GGREGA·11: __ ·__ XXXXXXX. ! ; DI-fl __ , Rf'Tt'·NllON S. ...... ' r XXXXXXX Ufllier or OPERA T!ONS bP.IOW ARCli & !:NG PROFESSIOt\',\l. UAB!l.lTY 0618"5lii91 u/112017 6/112018 , EL. OISE~SE • POLICY U,llT !'LR CL;\ IM: S 1,000,000 AGGRF..GATF.: Sl,000,000 $ xxxxxxx xxxxxxx xxxxxxx DESCRIPTION OF OPERATIONS/ LOCATIONS J VEHICLES (ACORD 101, Additional Romarks Schedule, may be Pttachcd if more space is required} ON-C;\LL WATl'H hr--Cilt\'U.:RIN(j & PROl·FSSIOi\t\L CON SU.TIN(] SicRVICES CERTIFICATE HOLDER 15288761 City oflluntmgton Reach Attention: Du(ican Lee 2000 Main Street I luntingum Reach CA 92648 MICHAEi. E. GATES ATTORNEY cm HUNTINGTON BEAO-'J CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATI~ j .__ _ ___,_! __________ ___,_ ____ I.J"Dt',,_1_fi,'/ ____ AJ-?_,.~_,_:,,U'_1 ____ __. © 1988~ ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 487 2 3 4 5 6 7 8 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND HOR ENGINEERING, lNC. FOR ON CALL WATER AND ENGINEERING SERVICES Table of Contents Scope of Services ..................................................................................................... 1 City Staff Assistance ................................................................................................ 2 Term; Time of Performance ..................................................................................... 2 Compensation .......................................................................................................... 2 Extra Work ............................................................................................................... 2 Method of Payment .................................................................................................. 3 Disposition of Plans, Estimates and Other Documents ........................................... 3 Hold Harmless ......................................................................................................... 3 9 Professional Liability Insurance ............................................................................ .4 10 Certificate of lnsurance ............................................................................................ 5 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Independent Contractor ............................................................................................ 6 Termination of Agreement ....................................................................................... 6 Assignment and Delegation ...................................................................................... 6 Copyrights/Patents ................................................................................................... 7 City Employees and Officials .................................................................................. 7 Notices ......................................................................................... 7 Consent .................................................................................................................... 8 Modification ............................................................................................................. 8 Section Headings ..................................................................................................... 8 Interpretation of this Agreement .............................................................................. 8 Duplicate Original .................................................................................................... 9 Im1nigration ............................................................................................................... 9 Legal Services Subcontracting Prohibited ................................................................ 9 Attorney's Fees .......................................................................................................... ] 0 Survival ..................................................................................................................... 10 Governing Law ......................................................................................................... 10 Signatories ................................................................................................................. 10 Entirety ...................................................................................................................... 10 Effective Date ................................................................................. 11 488 PROFESSIONAL SERVICE AWARD ANALYSIS SERVICE: Water & Engineering SERVICE DESCRIPTION: Engineering support for City's annual Capital Improvement Program projects. VENDOR: GHD, Inc. OVERALL RANKING: 1 out of 18 SUBJECT MATTER EXPERTS/RATERS: 1. Senior Civil Engineer 2. Associate Civil Engineer 3. Engineering Aid I. MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: Avg. of 94 'GHD}.lk Mihim • •• • f;Jt .. ~:~!~ti:•~~ Criteria Proposal Clarity Qualifications and experience of Firm, key individuals and sub- consultants. Staffing Understanding & Methodology References Local Vendor Preference Interview (Optional) Total Total Weighted Score 8.7 23.7 23 .7 13 10 5 10 II. DUE DILIGENCE REVIEW -- Maximum Score 10 25 25 15 10 5 15 • Clients such as City of INine, City of Long Beach, City of Oceanside, and City of Huntington Beach (to name a few) • Low end from $70/Hr for Project Assistant • High end to $245/Hr for Principal-In-Char e HB -469-Item 15. -256 489 PROFESSIONAL SERVICE AWARD ANALYSIS SERVICE: Water & Engineering SERVICE DESCRIPTION: Engineering support for City's annual Capital Improvement Program projects . VENDOR: Pacific Advanced Civil Engineering (PACE), Inc. OVERALL RANKING: 2 out of 18 SUBJECT MATTER EXPERTS/RATERS: 1. Senior Civil Engineer 2. Associate Civil Engineer 3. Engineering Aid I. MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: Avg. of 92 • PACE-M .;_;-.,t.,., :;;, Total Weighted Maximum Criteria Score Score Proposal Clarity 9 10 Qualifications and experience of Firm, key individuals and sub- consultants. 23 .7 25 Staffing 22 .3 25 Understanding & Methodology 12 15 References 10 10 Local Vendor Preference 5 5 . Interview (Optional} 10 15 Total II. DUE DILIGENCE REVIEW • Clients such as City of Anaheim , El Toro Water District, County of Los Angeles , and City of Huntington Beach (to name a few) _PAC.~ 7'".~~u,in_rn~ry ot ~ey1~Yf ~,;_"'f·· ,. .··., '. -~ _.,· :~1 ___ ~~~z~·~:!~~.a ~. ~.~~.b,~ ~~.~~\? ~~ ... ~,,.·,.~=· • ,...·'...c.~:.""-""''·"'""=""""""'"""""'""'""''""~'- • PACE 's proposal was good, staff highly skilled in water treatment design , pump station , and have performed well for Cit ro·ects PACE-Pri ·· •• ~~~-~,-Ar~~~~tf• • Low end from $75/Hr for Assistant Designer • Hi h end to $240/Hr for Principal Item 15. -257 HB -4 70 - 490 PROFESSIONAL SERVICE AWARD ANALYSIS SERVICE: Water & Engineering SERVICE DESCRIPTION: Eng ineering support for City's annual Capital Improvement Program projects . VENDOR: HOR Engineering , Inc . OVERALL RANKING: 3 out of 18 SUBJECT MATTER EXPERTS/RATERS : 1. Senior Civil Engineer 2. Associate Ci vil Engineer 3. Engine ering Aid I. MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score : Avg . of 89.7 Criteria Proposal Clarity Qualifications and experience of Firm, key individuals and sub- consultants. Staffing Understanding & Methodology References Local Vendor Preference Interview (Optional} Total II. DUE DILIGENCE REVIEW Score 8 .7 23 .7 23 13 .3 7 5 9 Score 10 25 25 15 10 5 15 • Clients such as Metropolitan Water District , City of Corona , Irvine Ranch Water District, and City of Huntington Beach (to name a few) • HDR 's proposal contains relevant important projects to the Cit • , and co rrosion control. - • Low end from $58/Hr for Intern • High end to $420/Hr for Sen ior Com pan Officer HB -47 1-Item 15. -258 491 PROFESSIONAL SERVICE AWARD ANALYSIS SERVICE: Water & Engineering SERVICE DESCRIPTION: Engineering support for City 's annual Capital Improvement Program projects. VENDOR: SA Associates OVERALL RANKING: 4 out of 18 SUBJECT MATTER EXPERTS/RATERS: 1. Senior Civil Engineer 2. Associate Civil Engineer 3. Engineering Aid I. II. MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: Avg. of 85 Criteria Proposal Clarity Qualifications and experience of Firm, key individuals and sub- consultants. Staffing Understanding & Methodology References Local Vendor Preference Interview (Optional) Total Total Weighted Score 7 .7 21.7 22 12 .6 7 5 9 DUE DILIGENCE REVIEW Maximum Score 10 25 25 15 10 5 15 • Clients such as City of Anaheim, Long Beach Water Department, County of Los Angeles, and City of Irvine (to name a few) • SA Associates's proposal was good, staff highly skilled in water ro ·ects similar to those from the Cit • Low end from $82/Hr for Secretary • Hi h end to $245/Hr for Princi al Item 15. -259 HB -4 72 - 492 PROFESSIONAL SERVICE AWARD ANALYSIS SERVICE: Water & Engineering SERVICE DESCRIPTION: Engineering support for City 's annual Capital Improvement Program projects . VENDOR: Vendor #5 . OVERALL RANKING: 5 out of 18 SUBJECT MATTER EXPERTS/RATERS : 1. Senior Civil Engineer 2 . Associate Civil Engineer 3. Engineering Aid I. MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score : Avg. of 84.8 . Veni:for #5 -Minim _..:!l._ .. _ Alt. ... ~-~ Total Weighted Maximum Criteria Score Score Proposal Clarity 8 .7 10 Qualifications and experience of Firm, key individuals and sub- consultants. 22 .5 25 Staffing 21.6 25 Understanding & Methodology 13 15 References 7 10 Local Vendor Preference 5 5 Interview (Optional) 7 15 Total II. DUE DILIGENCE REVIEW VEN.D_QR:#5 7 Summary of Review :i ' ~ . ~j_ ·_. )--i ...,_. .,,.Ji.;,;,_.,_ ...... , .. :;.,.~,b.:I...,;.,•••••-~~~• : -t~~-.S-~ ,.;;,i.._, • Vendor #5 's proposal was good , but just below the top four consultants VENDOR #5 -Pr" • ~-~~ .. ~-!... ~~ • Low end from $65/Hr for Eng ineering Assistant • Hi h end to $235/Hr for Senior Pro ·ect Mana er HB -473 -Item 15. -260 493 May 24, 2018 HOR Engineering, Inc. Attn: Aaron Meilleur City of Huntington Beach 2000 Main Street ~ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk ·Robin Estanislau, City Clerk 3230 El Camino Real, Suite 200 Irvine, CA 92602-1377 Dear Mr. Meilleur: Enclosed is a copy of the fully executed "Professional Services Contract between the City of Huntington Beach and HOR Engineering, Inc. For On Call Water and Engineering Services." Sincerely, Robin Estanislau, CMG City Clerk RE:ds Enclosure Sister Cities : Anja, Japan • Waitakere , New Zealand Amendment No. 3 HDR Engineering, Inc. May 7, 2024 494 BACKGROUND • Residents expressed many concerns over on-going clean-up at the former Ascon Landfill site at the southwest corner of Magnolia and Hamilton. These concerns prompted city staff to hire HDR Engineering, Inc. to act as an independent, third-party technical advisor. 495 Details HDR Engineering, Inc. services provided in relation to the Ascon Landfill site clean-up include: • Site visits to observe testing • Attend meetings with stakeholders • Regular reports to city staff regarding on-going work • Responses to resident’s questions submitted to Hbtechnicaladvisor@hdrinc.com 496 Details The landfill site clean-up is still underway, so city staff is requesting an additional two-years to be added to the term of the existing Professional Services Contract for On-Call Water and Engineering Services with HDR Engineering, Inc. 497 Questions? 498 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:24-319 MEETING DATE:5/7/2024 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Eric G. Parra, Interim City Manager VIA:Chau Vu, Director of Public Works PREPARED BY:Jim Merid, Environmental Services Manager Subject: Adopt Resolution No. 2024-21 authorizing an application for funds for the Environmental Cleanup, Tier 1 Grant Program under the Orange County Transportation Authority (OCTA) Environmental Cleanup Program Statement of Issue: Each year OCTA offers funding opportunities aimed at reducing transportation generated pollution that can impact local waterways like Huntington Harbour, Bolsa Chica Wetlands and the Pacific Ocean. This Council action requests authorization to apply for funds under the OCTA Measure M2 Environmental Cleanup Program, Tier 1 to purchase and install 60 catch basin filter baskets at various locations throughout the City. Financial Impact: The City is requesting up to $250,000 from OCTA to fund the purchase and installation of up to 60 catch basin filter baskets. The City will be responsible for 20% in local matching funds to be provided as a cash contribution. Funding for the project match will be allocated from the Planned Local Drainage Fund (Fund 211); and should the City be awarded the grant from OCTA, staff will return to the City Council at a future meeting with a request for appropriation of funds. Recommended Action: Adopt Resolution No. 2024-21, “A Resolution of the City Council of the City of Huntington Beach Authorizing an Application for Grant Funds for the Environmental Cleanup Tier 1 Grant Program Under the Orange County Transportation Authority Environmental Cleanup Program.” Alternative Action(s): Do not adopt the Resolution, and direct staff not to apply for the grant. Analysis: The OCTA Measure M2 Environmental Cleanup Program (ECP), Tier 1 is designed to mitigate theCity of Huntington Beach Printed on 5/1/2024Page 1 of 2 powered by Legistar™499 File #:24-319 MEETING DATE:5/7/2024 The OCTA Measure M2 Environmental Cleanup Program (ECP), Tier 1 is designed to mitigate the more visible forms of pollution, such as litter and debris that collects on the roadways and in the catch basins prior to being deposited in waterways and the ocean. The program enables eligible jurisdictions to purchase and install structural best management practices (BMP) such as screens, filters, and other “street scale” low flow diversion devices. Approximately $3 million is available during this call for projects,and these funds are meant to supplement existing water quality programs. In an effort to comply with adopted State Trash Provisions to limit trash and debris greater than 5 mm from entering water bodies, the City is requesting Council authorization to apply for grant funding from OCTA to retrofit existing storm drain catch basins with filter baskets designed to capture trash/debris. The filter baskets will enable the City to reduce the amount of trash and debris reaching local recreational water bodies, such as Huntington Harbour and the beaches, as well as comply with the requirements in the Trash Provisions. The City has already installed over 200 catch basin filter baskets of similar design,and the installation of these proposed devices is based on the City’s Trash Provision Compliance Plan. This plan was developed to administer and implement the City’s compliance with the State mandated Trash Provisions which requires the City to identify priority land-uses (industrial, commercial, high- density residential, and bus stops) that have been identified as “high-trash generating land-uses” and install trash removal devices downstream of these land-uses that are designed to capture trash 5mm or larger thereby preventing the trash from discharging into local waterways and the ocean. Environmental Status: This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Strategic Plan Goal: Non Applicable - Administrative Item For details, visit www.huntingtonbeachca.gov/strategicplan <http://www.huntingtonbeachca.gov/strategicplan>. Attachment(s): 1. Resolution No. 2024-21, “A Resolution of the City Council of the City of Huntington Beach Authorizing an Application for Funds for the Environmental Cleanup, Tier 1 Grant Program Under the Orange County Transportation Authority Environmental Cleanup Program; 2. PowerPoint presentation regarding Resolution No. 2024-21. City of Huntington Beach Printed on 5/1/2024Page 2 of 2 powered by Legistar™500 501 RESOLUTION NO. 2024-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING AN APPLICATION FOR GRANT FUNDS FOR THE ENVIRONMENT AL CLEANUP TIER 1 GRANT PROGRAM UNDER THE ORANGE COUNTY TRANSPORTATION AUTHORITY ENVIRONMENT AL CLEANUP PROGRAM WHEREAS, Orange County Local Transpmiation Ordinance No. 3, dated July 24, 2006, known and cited as the Renewed Measure M Transportation Ordinance and Investment Plan, provides funds through the Environmental Cleanup Tier 1 Grant Program to help protect Orange County beaches and waterways from transpmiation- generated pollution (urban runoff) and improve overall water quality; and The Environmental Cleanup Tier 1 Grant Program consists of funding purchases and installation of catch basins with Best Management Practices, such as screens, filters, inse1ts, and other "street-scale" low flow diversion projects; and The Orange County Transportation Authority has established the procedures and criteria for reviewing proposals; and The City of Huntington Beach possess authority to nominate water quality improvement projects that have a transportation nexus to finance and construct the proposed project; and By formal action the City of Huntington Beach authorizes the nomination of the "2024 Full Trash Capture Device Installation Project", including all understanding and assurances contained therein, and authorizes the person identified as the official representative of the City of Huntington Beach to act in connection with the nomination and to provide such additional information as may be required; and NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: 1. If awarded a Grant, the City of Huntington Beach will enter into a Grant Agreement that will require the City to: A. The City of Huntington Beach will maintain and operate the equipment acquired and installed; and B. The City of Huntington Beach will give Orange County Transportation Authority's representatives access to and the right to examine all records, books, papers or documents related to the funded Tier 1 Grant Project; and C. The City of Huntington Beach will cause work on the project to be commenced within a reasonable time after receipt of notification from Orange County Transportation Authority and that the project will be carried to completion with reasonable diligence; and 24-14452/336591 502 RESOLUTION NO. 2024-21 D. The City of Huntington Beach will comply where applicable with provisions of the California Environmental Quality Act, the National Environmental Policy Act, the American with Disabilities Act, and any other federal, state, and/or local laws, rules and/or regulations; and E. The City of Huntington Beach will include all project funded by Net Revenues in the seven-year Capital Improvement Program as part of the Renewed Measure M Ordinance eligibility requirement; and F. The City of Huntington Beach authorizes a formal amendment to the seven-year Capital Improvement Program to add projects approved for funding upon approval of the Orange County Transportation Authority Board of Directors; and G. The City of Huntington Beach will provide a minimum of 20% in matching funds for the "2024 Full Trash Capture Device Installation Project" as required by the Orange County Comprehensive Transpmtation Funding Programs Guidelines. 2. The City of Huntington Beach hereby authorizes the Director of Public Works, as the official representative of the City of Huntington Beach, to accept funds for the Environmental Cleanup, Tier 1 Grant Program for the "2024 Full Trash Capture Device Installation Project." 3. The City of Huntington Beach agrees to fund its share of the project costs and any additional costs over the identified programmed amount. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the __ day of _______ , 2024. Mayor REVIEWED AND APPROVED: INITIATED AND APPROVED: City Manager Director of Public W0111<.s/ 2 Subtitle: Public Works Department Date: May 7, 2024 Adopt Resolution No. 2024-21 Authorizing an Application for Funds for the Environmental Cleanup, Tier 1 Grant Program Under the Orange County Transportation Authority Environmental Cleanup Program 503 BACKGROUND •Each year the Orange County Transportation Authority (OCTA) offers funding opportunities aimed at reducing transportation generated pollution that can impact local waterways like Huntington Harbour, Bolsa Chica Wetlands and the Pacific Ocean; •The program enables eligible jurisdictions to purchase and install structural best management practices such as screens, filters, and other “street scale” low flow diversion devices; •This Council action requests authorization to apply for funds under the OCTA Measure M2 Environmental Cleanup Program, Tier 1 to purchase and install 60 catch basin filter baskets. 504 NEED/WHY/BENEFITS • In an effort to comply with adopted State Trash Provisions to limit trash and debris greater than 5 mm from entering water bodies, the City is requesting to apply for grant funding up to $250,000 from OCTA to retrofit 60 existing catch basin with catch basin filter baskets; • This filter baskets are designed to separate trash and debris greater than 5mm from urban runoff and storm water; • The retrofit of the catch basins would enable the City to reduce the amount of trash and debris reaching local recreational water bodies as well as comply with the requirements in the Trash Provisions. 505 DETAILS • If awarded, the staff will return to City Council at a future meeting with a request for appropriation of funds; • Once funded, staff will commence the design and award the project by December 31, 2025; 506 FUNDING/SCHEDULE • The City is requesting up to $250,000 from OCTA to fund the purchase and installation of 60 catch basin filter baskets; • The City will be responsible for 20% in local matching funds to be provided as a cash contribution; • Funding for the project will be allocated from the Planned Local Drainage Fund (Fund 211); • Should the City be awarded the grant from OCTA, staff will return to the City Council at a future meeting with a request for appropriation of funds. 507 RECOMMENDATION •Adopt Resolution No. 2024-21 Authorizing an Application for Funds for the Environmental Cleanup, Tier 1 Grant Program Under the Orange County Transportation Authority Environmental Cleanup Program 508 Questions? 509 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:24-247 MEETING DATE:5/7/2024 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Eric G. Parra, Interim City Manager VIA:Jennifer Villasenor, Director of Community Development PREPARED BY:Charles Kovac, Housing Manager Subject: Consideration of the 2024-2025 Annual Action Plan for Federal Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) Entitlement Grant Programs Statement of Issue: The City receives CDBG and HOME federal entitlement grant funds annually from the U.S. Department of Housing and Urban Development (HUD). To remain eligible for these grant funds, the City is required to submit an Annual Action Plan (Action Plan) to HUD each year outlining how these funds will be used during the upcoming fiscal year. As part of this annual process, the Citizen Participation Advisory Board (CPAB) evaluates funding applications and makes funding recommendations for CDBG public services activities to the City Council. The CPAB recommendations for Fiscal Year 2024-25 are summarized in Table 2 of Attachment 1 of this report and described in detail in the 2024-25 Action Plan (Exhibit “B” of Attachment 2). The deadline for submission of the 2024-25 Action Plan to HUD is May 15, 2024. Financial Impact: The City’s estimated 2024-25 CDBG and HOME program budget comprised of $1,264,681 in CDBG and $1,235,731 in HOME funds is based upon the current 2023-24 funding allocations. The CDBG and HOME program budget includes HUD’s estimated annual entitlement allocation, carryover funds from prior fiscal year, and program income. Recommended Action: Staff recommends that the City Council approve and authorize the following in compliance with the Consolidated Plan Procedures of 24 CFR Part 91: A) Conduct a public hearing for the 2024-25 Action Plan; and, B) Adopt Resolution No. 2024-17, “A Resolution of the City Council of the City of Huntington Beach, California, Approving the 2024-2025 Annual Action Plan for Federal Community Development Block City of Huntington Beach Printed on 5/1/2024Page 1 of 5 powered by Legistar™510 File #:24-247 MEETING DATE:5/7/2024 Grant and HOME Investment Partnerships Programs”; and, C) Authorize the City Manager to sign all necessary related documents. Alternative Action(s): Do not approve the 2024-25 Action Plan, and direct staff accordingly. If the City does not submit an approved 2024-25 Action Plan to HUD by May 15, 2024, the City will be out of compliance with HUD regulations and would likely forfeit CDBG and HOME funding. Alternatively, the City Council may choose to modify any of the funding recommendations for CDBG and HOME projects and programs within the aggregate funding limits outlined in this report. Analysis: Background Each year, the City of Huntington Beach receives entitlement grant funds from HUD under the CDBG and HOME programs. According to program objectives set forth in HUD regulations, funds from these programs must be used to benefit lower-income Huntington Beach residents, as well as the community needs identified in the City’s approved 2020-24 Consolidated Plan. HUD regulations require public participation in the allocation of CDBG and HOME funds. Therefore, each year the City issues a Notice of Funding Availability to invite local community organizations to submit applications for public service programs. The CPAB reviews all eligible applications, receives public input, hears oral presentations from the applicants, and makes funding recommendations to the City Council. These recommendations are outlined in the attached Action Plan (Exhibit “B” of Attachment 2), which must be approved by the City Council at a public hearing and submitted to HUD by May 15, 2024. 2024-25 CDBG and HOME Funding Levels As of this report, HUD has yet to release the City’s funding levels for the 2024-25 Program Year. Therefore, estimated funding levels in this report and the attached draft 2024-25 Action Plan are based on the current year 2023-24 allocations. In addition to the CDBG and HOME annual allocations, the City will also have available program income funds, which are payments on outstanding loans previously made by the City, and carryover funds, which are unused funds from previously approved projects that are now available for new activities. CDBG rules limit the use of carryover funds only for eligible capital projects. As shown in Table 1 of Attachment 1, the City will receive an estimated $1,171,668 in CDBG entitlement funds, approximately $60,013 in prior year carryover CDBG funds, and is estimated to receive $33,000 in program income for a total of $1,264,681 in 2024-25 CDBG funding resources. As also shown in Table 1 of Attachment 1, the City will receive an estimated $668,370 in HOME entitlement funds, approximately $467,361 in HOME carryover funds, and is estimated to receive $100,000 in program income for a total of $1,235,731 in 2024-25 HOME funding resources. Funds Available for CDBG Public Services Programs City of Huntington Beach Printed on 5/1/2024Page 2 of 5 powered by Legistar™511 File #:24-247 MEETING DATE:5/7/2024 Federal regulations allow the City to designate up to 15 percent of the CDBG allocation for public service programs. Eligible public service programs must be directed toward improving community services concerned with services such as employment, childcare, health, substance abuse, education, recreation or welfare for low-income residents. The maximum amount of funds available for public service programs is estimated at $175,750. Funds Available for CDBG Capital and Housing Preservation Projects The estimated amount of funds available for CDBG Capital and Housing Preservation Projects is $854,597. CDBG regulations allow a variety of capital projects and activities that benefit low-income residents, including the development of affordable housing, rehabilitation and preservation of existing housing, improvements to public facilities to comply with requirements of the Americans with Disabilities Act, and special code enforcement programs. Funds Available for HOME Capital Projects HOME regulations allow capital projects primarily for the creation of affordable housing and temporary rental assistance for low-income residents. The estimated amount of funds available for HOME Capital Projects is $1,168,894. Funds Available for Program Administration Up to 20 percent of the City’s CDBG allocation from HUD, estimated at $234,334, and 10 percent of its HOME allocation, estimated at $66,837, may be used for planning and administration. In addition to the 2024-25 CDBG and HOME administration funding described above, available unspent HOME administration funding in the amount of $168,387 from FY 2019-20 is proposed to be used on activities in 2024-25 including the following: 1) preparation of the 2025-29 Consolidated Plan; 2) preparation of the Analysis of Impediments to Fair Housing Choice, a required component document of the Consolidated Plan; 3) fair housing services recommended to be provided by the Fair Housing Foundation; and 4) staff salaries to implement the above activities. Fair housing services are a HUD mandated activity for all jurisdictions and include tenant/landlord mediation, unlawful detainer assistance, fair housing education, and investigating claims of housing discrimination. Fiscal Year 2024-25 Funding Recommendations On February 1, the CPAB conducted a noticed public meeting that provided residents the opportunity to participate in the CDBG funding recommendation process. The CPAB received public comments and heard presentations from seven CDBG public services applicants. Subsequently, on February 22, the CPAB met to deliberate and make funding recommendations to the City Council, and by a unanimous vote, recommended that the City Council fund four of the six public services applications that were received (see Table 2 of Attachment 1). The City received one application for fair housing services from the Fair Housing Foundation, and this program is recommended to be fully funded in the amount of $35,000 with HOME program administration funds. CDBG capital and housing preservation projects consist of the City’s Housing Rehabilitation Program, Special Code Enforcement Program, Maintenance Zone 2 ADA Improvements, and Tenant City of Huntington Beach Printed on 5/1/2024Page 3 of 5 powered by Legistar™512 File #:24-247 MEETING DATE:5/7/2024 Program, Special Code Enforcement Program, Maintenance Zone 2 ADA Improvements, and Tenant Based Rental Assistance (TBRA) Program Administration in the total amount of $854,597. On March 19, the City Council and CPAB held a joint study session to review these funding recommendations, which are summarized in Table 2 of Attachment 1 and described in detail in the 2024-25 Action Plan (Exhibit “B” of Attachment 2). CDBG & HOME Funding Alternatives Because HUD has not yet provided the City with its 2024-25 CDBG and HOME allocations, staff and CPAB have made the following recommendations to adjust the funding levels for each activity in the event that HUD allocations are higher or lower than what is estimated in this report. If approved, staff will modify the 2024-25 Action Plan in accordance with these alternatives once HUD has provided the allocations and prior to submitting the 2024-25 Action Plan to HUD. The recommended alternatives are as follows: Public Services allocations: 1. If CDBG funding is less than expected: Maintain the recommended funding awards to the Oakview FRC Drop-In Recreation Program and Robyne’s Nest and reduce funding to Project Hope Alliance and StandUp for Kids by equal share (50% / 50%). 2. If CDBG funding is more than expected: Allocate increased funds by equal share (50% / 50%) to the Oakview FRC Drop-In Recreation Program and Robyne’s Nest. No additional funds would be allocated to Project Hope Alliance or StandUp for Kids. Capital and Housing Preservation Project allocations: 1. If CDBG funding is less than expected: Maintain the recommended funding allocations for Special Code Enforcement and TBRA Program Administration and reduce funding to the Housing Rehabilitation Program and Maintenance Zone Area 2 ADA Improvements equally. 2. If CDBG funding is more than expected: Maintain the recommended funding allocations for Special Code Enforcement and Maintenance Zone Area 2 ADA Improvements and increase funding to the Housing Rehabilitation Program and TBRA Program Administration equally. 3. If HOME funding is less or more than expected: Adjust the Mobile Home TBRA program accordingly. Other HOME capital programs to remain unchanged. Administration allocations: 1. If CDBG funding is less or more than expected: Adjust CDBG Administration accordingly to maintain the 20 percent program cap. 2. If HOME funding is less than or more than expected: Adjust HOME Administration and Community Housing Development Organization (CHDO) funding accordingly to maintain the 10 percent and 15 percent program requirements. City of Huntington Beach Printed on 5/1/2024Page 4 of 5 powered by Legistar™513 File #:24-247 MEETING DATE:5/7/2024 Environmental Status: This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Since federal dollars are being used for the proposed CDBG and HOME activities, National Environmental Policy Act (NEPA) compliance will be required prior to execution of funding agreements and disbursement of funds. The City will complete all NEPA Compliance for the approved CDBG and HOME activities prior to the start of the Program Year (July 1, 2024). Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1. FY 2024-25 Available CDBG and HOME Funding and Recommendations 2. Resolution No. 2024-17, “A Resolution of the City Council of the City of Huntington Beach, California, Approving the 2024-2025 Action Plan for Federal Community Development Block Grant and HOME Investment Partnerships Programs.” 3. PowerPoint Presentation - May 7, 2024 City Council Meeting City of Huntington Beach Printed on 5/1/2024Page 5 of 5 powered by Legistar™514 Attachment 1 Table 1 Available FY 2024-2025 CDBG & HOME Funding Anticipated Revenues CDBG HOME Total Grant Amount $1,171,668 $668,370 $1,840,038 Carryover / Program Income $93,013 $567,361 $660,374 Total $1,264,681 $1,235,731 $2,500,412 Note: The above HOME Carryover/Program Income does not include $168,387 in FY 19-20 HOME Administration that will be expended in FY 24-25. Anticipated Expenditures CDBG HOME Total Public Services $175,750 N/A $175,750 Capital & Housing Preservation Projects $854,597 $1,168,894 $2,023,491 Administration $234,334 $66,837 $301,171 Total $1,264,681 $1,235,731 $2,500,412 Table 2 FY 2024-2025 CDBG and HOME Recommendations 2023-24 2024-25 2024-25 CDBG PUBLIC SERVICES Actual Funding Requested Funding Funding Recommendations City of HB – Oak View Children’s Bureau After School Program $85,000 $85,000 $65,250 Project Hope Alliance – Case Management for Homeless Youth $20,854 $50,000 $37,500 Robyne’s Nest – Homeless & At Risk Youth Program $50,000 $75,000 $50,000 StandUp for Kids OC – Street Outreach Program $19,896 $35,337 $23,000 TOTAL $175,750 $245,337 $175,750 515 Attachment 1 (Table 2 – Continued) 2023-24 2024-25 2024-25 CDBG CAPITAL & HOUSING PRESERVATION Actual Funding Requested Funding Funding Recommendations City of HB – Special Code Enforcement $252,781 $232,519 $232,519 City of HB – Housing Rehabilitation Program $402,174 $287,000 $287,000 City of HB – Tenant Based Rental Assistance (TBRA) Program Administration $218,000 $210,078 $210,078 City of HB – ADA Improvements – Maintenance Zone 2 $127,498 $125,000 $125,000 TOTAL $1,000,453 $854,597 $854,597 2023-24 2024-25 2024-25 HOME CAPITAL Actual Funding Requested Funding Funding Recommendations Families Forward TBRA Program $200,000 $200,000 $200,000 Mercy House TBRA Program N/A $200,000 $200,000 Mobile Home TBRA Program $546,277 $466,901 $466,901 CHDO Reserve/Affordable Housing $201,737 $301,993 $301,993 TOTAL $948,014 $1,168,894 $1,168,894 2023-24 2024-25 2024-25 ADMINISTRATION Actual Funding Requested Funding Funding Recommendations CDBG Administration $234,334 $234,334 $234,334 HOME Administration $66,837 $66,837 $66,837 Prior FY 19-20 HOME Administration N/A $168,387 $168,387 TOTAL $301,171 $469,558 $469,558 516 517 RESOLUTION NO. 2024-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, APPROVING THE 2024- 2025 ANNUAL ACTION PLAN FOR FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIPS PROGRAMS WHEREAS, the City of Huntington Beach ("City") participates in the United States Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME); and and WHEREAS, the City is required by HUD to adopt the Annual Action Plan ("Action Plan"); WHEREAS, a Resolution by the City Council is required for adoption of the 2024-2025 Action Plan that is due to HUD by May 15, 2024; and WHEREAS, the City's 2024-2025 Action Plan implements the fifth and final year of the five- year strategy of the 2020-2024 Consolidated Plan; and WHEREAS, notice was published in The Wave and La Opinion on April 4, 2024 regarding a City Council public hearing and the availability of the Draft 2024-2025 Action Plan for 30-day public review and comment; and WHEREAS, the City's CDBG and HOME funding allocations from HUD for the 2024-2025 Program Year have not been determined or released by HUD; and WHEREAS, as directed by HUD, the Citizen Participation Advisory Board (CP AB) on February 22, 2024, made 2024-2025 CDBG recommendations based upon the funding allocations from prior year funding of 2023-2024; and WHEREAS, for Fiscal Year 2024-2025, the City is estimated to receive $1,171,668 in CDBG funds a..'ld $668,370 in HOME funds from HUD; and WHEREAS, in the event that HUD determines and releases the City's CDBG and HOME funding allocations after this May 7, 2024 City Council meeting, revised funding adjustments to the estimated amounts described above have been recommended for City Council approval; and WHEREAS, in addition to the estimated CDBG funding allocations of$ I, 171,668 and HOME funding of $668,370 from HUD, carry over funding from prior years of $93,013 for CDBG and $567,361 for HOME funds increases the total estimated allocation within the 2024-2025 Action Plan to $1,264,581 for CDBG and $1,235,731 for HOME; and 24-14396/335292 518 RESOLUTION NO. 2024-17 WHEREAS, in addition to the estimated $1,235,731 in HOME funds for 2024-2025, $168,387 in 2019-2020 HOME Administration funds can be allocated to cover certain costs in 2024-2025 related to: 1) preparation of the 2025-2029 Consolidated Plan; 2) preparation of the Regional Analysis of Impediments to Fair Housing Choice Report; 3) fair housing services provided by Fair Housing Foundation; and 4) City staff salaries and public noticing costs, for total of $1,404,118 in HOME funding for 2024-2025; and WHEREAS, the City Council has considered the community needs, priorities and strategies set forth in the 2020-2024 Consolidated Plan and the allocation of $1,264,581 in CDBG funds, and $1,404,118 in HOME funds in the draft 2024-2025 Action Plan; and WHEREAS, the proposed 2024-2025 CDBG. and HOME programs and activities are summarized in Exhibit "A" and fully described in the 2024-2025 Action Plan attached hereto as Exhibit "B"; and WHEREAS, pursuant to Section 153 78 of the California Code of Regulations relating to implementation of the California Environmental Quality Act, the proposed activities to be funded are not considered projects resulting in a direct alteration of the environment and, therefore, are exempt from the requirements of California Environmental Quality Act; and WHEREAS, the proposed activities to be funded are subject to the provisions of the National Environmental Protection Act of which any and all projects funded shall comply, except that, in accordance with 24 CFR Sections 58.34 (a) and 58.35 as to review pursuant to the National Environmental Protection Act, the 2024-2025 Action Plan is not subject to federal environmental review. NOW, THEREFORE, the City Council of the City of Huntington Beach DOES HEREBY RESOLVE as follows: SECTION 1. That the 2024-2025 Action Plan, attached hereto as Exhibit "B", is hereby adopted, and the Interim City Manager or the Interim City Manager's designee is hereby authorized to execute all necessary related budget approvals and documents deemed necessary by HUD or the City to implement the 2024-2025 Action Plan, including but not limited to, executing all implementing and related documents and agreements, such as, grant and loan agreements with subrecipients, professional services agreements and service agreements for program administering for all approved CDBG and HOME programs and projects set forth in the 2024-2025 Action Plan. SECTION 2. That $175,750 in CDBG Public Service funds, $854,597 in CDBG Capital and Housing Preservations Project Funds, $234,334 in CDBG Administration Funds, $1,168,894 in HOME Capital and Housing Preservation Project Funds, and $235,224 in HOME Administration Funds (including 2019-2020 HOME Administration) are hereby allocated to the CDBG and HOME projects indicated in Exhibit "A." SECTION 3. That the City Manager or their designee is hereby authorized to implement the following alternatives, as approved by the City Council, in the event that the actual 2024-2025 CDBG and HOME funding allocation levels from HUD are higher or lower than identified in this Resolution: 2 519 RESOLUTION NO. 2024-17 CDBG Public Service allocations: 1. If CDBG funding is less than expected: Maintain the recommended funding awards to the Oakview FRC Drop-In Recreation Program and Robyn's Nest and reduce funding to Project Hope Alliance and StandUp for Kids by equal share (50%/50%) if CDBG funding received from HUD is less than anticipated. 2. If CDBG funding is more than expected: Allocate increased funds by equal share (50%/50%) only to the Oakview FRC Drop-in Recreation Program and Robyn's Nest if CDBG funding received from HUD is greater than anticipated. No additional funds would be allocated to Project Hope Alliance or StandUp for Kids. Capital and Housing Preservation Project allocations: 1. If CDBG funding is less than expected: Maintain the recommended funding allocations for Special Code Enforcement and Housing Services for TBRA Program and reduce funding to Housing Rehabilitation Loan/Grant Program and Maintenance Zone Area 2 ADA Improvements equally. 2. If CDBG funding is more than expected: Maintain the recommended funding allocations for Special Code Enforcement and Maintenance Zone Area 2 ADA Improvements and increase funding to Housing Rehabilitation Loan/Grant Program and Housing Services for TBRA Program equally. 3. If HOME funding is less than or more than expected: Adjust the Mobile Home TBRA program accordingly. Other HOME capital programs to remain unchanged. Administration allocations 1. If CDBG funding 1s less than or more than expected: Adjust CDBG Administration allocation shown in Exhibit "A" accordingly but will not exceed the 20 percent maximum requirement of the HUD CDBG allocation for 2024- 2025. 2. If HOME funding is less than or more than expected: Adjust HOME and Community Housing Development Organization funding reserves as shown in Exhibit "A" but will not exceed the 10 percent and 15 percent maximum requirements of the HUD HOME allocation for 2024-2025. SECTION 4. That the 2024-2025 Action Plan projects and programs shall undergo an environmental review prior to any release of funds consistent with the Program Regulations found in 24 CFR, Part 58.6 and the Interim City Manager or the Interim City Manager's designee is authorized to execute all environmental documentation required by HUD. SECTION 5. The City Clerk shall certify to the passage of this Resolution and shall take effect as provided by law. 3 520 RESOLUTION NO. 2024-17 PASS ED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held on the ___ day of May, 2024 . Mayor REVIEWED AND APPROVED: APPROVED AS TO FORM: Interim City Manager City Attorney ~ ....L INITIATED AND APPROVED: 4 EXHIBIT “A” FY 2024-2025 CDBG AND HOME FUNDING RECOMMENDATIONS 521 Exhibit “A” City of Huntington Beach FY 2024-2025 CDBG and HOME Recommendations 24-25 CDBG PUBLIC SERVICES FUNDING 1 City of HB – Oak View FRC Drop-on Recreation Program (Children’s Bureau) $65,250 2 Project Hope Alliance – On-Site Case Management Program for Homeless Youth $37,500 3 Robyne’s Nest – Homeless & At-Risk Youth $50,000 4 StandUp for Kids – Homeless Street Outreach $23,000 TOTAL FUNDING $175,750 24-25 CDBG CAPITAL & HOUSING PRESERVATION FUNDING 1 Special Code Enforcement $232,519 2 Homeowner Rehabilitation Loans/Grants Program $287,000 3 ADA Improvements (Curbs/Ramps) – Maintenance Zone 2 $125,000 4 Tenant Based Rental Assistance (TBRA) – Program Administration $210,078 TOTAL FUNDING $854,597 522 Exhibit “A” (Continued) 24-25 CDBG ADMINISTRATION FUNDING 1 CDBG Administration $234,334 TOTAL FUNDING $234,334 24-25 HOME PROGRAM FUNDS FUNDING 1 Families Forward TBRA $200,000 2 Mercy House TBRA $200,000 3 Mobile Home (Seniors) TBRA $466,901 4 CHDO Reserve / Affordable Housing $301,993 5 HOME Administration $66,837 TOTAL FUNDING $1,235,731 523 Exhibit “A” (Continued) PRIOR (FY 19-20) HOME ADMINISTRATION FUNDS FUNDING 1 Staff Salaries & Public Noticing Costs $56,194 2 2025-2029 Consolidated Plan Preparation $60,000 3 Analysis of Impediments to Fair Housing Choice Report $17,193 4 Fair Housing Foundation (fair housing services) $35,000 TOTAL FUNDING $168,387 524 EXHIBIT “B” 2024-2025 ANNUAL ACTION PLAN 525 Action Plan CITY OF HUNTINGTON BEACH ANNUAL ACTION PLAN JULY 1, 2024 - JUNE 30, 2025 Public Review Draft April 5 – May 7, 2024 CITY OF HUNTINGTON BEACH COMMUNITY ENHANCEMENT DIVISION 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 526 CITY OF HUNTINGTON BEACH 2024/25 ANNUAL ACTION PLAN TABLE OF CONTENTS SECTION PAGE Executive Summary (AP-05) ..................................................................................................... 1 Lead & Responsible Agencies (PR-05) .................................................................................... 9 Consultation (AP-10) ............................................................................................................... 10 Citizen Participation (AP-12) ................................................................................................... 16 Expected Resources (AP-15) ................................................................................................... 21 Annual Goals and Objectives (AP-20) .................................................................................... 25 Projects (AP-35)...................................................................................................................... 29 Project Summary (AP-38) ....................................................................................................... 31 Geographic Distribution (AP-50) ........................................................................................... 46 Affordable Housing (AP-55) .................................................................................................. 49 Public Housing (AP-60) .......................................................................................................... 50 Homeless and Other Special Needs Activities (AP-65) ......................................................... 51 Barriers to Affordable Housing (AP-75) ................................................................................. 57 Other Actions (AP-85) ............................................................................................................. 61 Program Specific Requirements (AP-90).............................................................................. 66 527 528 Huntington Beach 2024/25 Annual Action Plan 1 EXECUTIVE SUMMARY AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b) The Huntington Beach 2020/21-2024/25 Consolidated Plan constitutes the City's strategy for addressing its housing and community development needs utilizing federal entitlement funds. The goals are to assist low- and moderate-income persons, provide decent housing, create suitable living environments, and expand economic opportunities. Included in the Consolidated Plan are broad five-year objectives and strategies to accomplish these goals. Specific identifiable benchmarks for measuring progress in realizing the City’s strategy are proposed in the Annual Action Plans. The 2024/25 Annual Action Plan includes application for funds under two different HUD entitlement programs - Community Development Block Grant (CDBG) and the HOME Investment Partnership Program (HOME). Current year entitlements combined with reallocations and repayments from prior year activities (program income) bring the total estimated funding for Program Year 2024/25 to $2.5 million. The following Annual Action Plan describes resources, programs, activities and actions Huntington Beach will undertake in FY 2024/25 to implement its strategic plan and ultimately achieve its Consolidated Plan goals and objectives, summarized in the table on the following page. 529 Huntington Beach 2024/25 Annual Action Plan 2 Consolidated Plan 5-Year Priority Implementing Programs 2024/25 Goal Outcome/ Objective Households with Housing Problems Special Code Enforcement ($232,519) Homeowner Rehabilitation Loans and Grants Program ($287,000) Families Forward Tenant Based Rental Assistance Program ($200,000) Mercy House Tenant Based Rental Assistance Program ($200,000) Mobile Home Tenant-Based Rental Assistance Program ($466,901) Housing Services for TBRA ($210,078) 600 Housing Units 8 Housing Units 15 Households 15 Households 25 Households 45 Housing Units SL-3 DH-1 DH-2 DH-2 DH-2 DH-2 Homelessness StandUp for Kids OC – Street Outreach Program ($23,000) Robyne’s Nest ($50,000) Project Hope Alliance ($37,500) 35 Persons 40 Persons 150 Persons SL-1 SL-1 SL-1 Special Needs Populations No projects in FY 2024/25 Priority Community Services Youth Services Children’s Bureau ($65,250)200 Persons SL-1 Priority Community and Public Facilities No projects in FY 2024/25 Priority Infrastructure Improvements ADA Curb Cuts in Maintenance Zone 2 ($125,000) 2,750 Persons SL-1 Other Housing and Community Development Needs HOME Administration ($66,837) CDBG Administration ($234,334) Not Applicable Not Applicable Not Applicable 2020-2024 Consolidated Plan Priorities, Implementing Programs, and FY 2024/25 Goals Summarize the objectives and outcomes identified in the Plan The U.S. Department of Housing and Urban Development (HUD) has established three predetermined objectives and outcomes designed to capture the range of community 530 Huntington Beach 2024/25 Annual Action Plan 3 impacts that occur as a result of CDBG and HOME-funded programs. Each activity or program funded with CDBG or HOME must fall under one of three objectives and one of three outcomes. The framework of selecting these objectives and outcomes is known as HUD’s CPD Outcome Performance Measurement System. Here are the objectives and outcomes to choose from: Objectives Creating Suitable Living Environments relates to activities that are designed to benefit communities, families, or individuals by addressing issues in their living environment, from physical problems with their environment to social issues. Providing Decent Housing covers the wide range of housing activities where the purpose is to meet individual family or community housing needs. Creating Economic Opportunities applies to activities related to economic development, commercial revitalization, or job creation. Outcomes Availability/Accessibility applies to activities that make services, infrastructure, public services, public facilities, housing, or shelter available or accessible to low- and moderate-income people, including persons with disabilities. Affordability applies to activities that provide affordability in a variety of ways to low- and moderate-income people and is appropriate to use whenever an activity is lowering the cost, improving the quality, or increasing the affordability of a product or service to benefit a low-income household. Sustainability applies to activities that are aimed at improving communities or neighborhoods, helping to make them livable or viable by providing benefit to persons of low- and moderate-income or by removing or eliminating slums or blighted areas, through multiple activities or services that sustain communities or neighborhoods. The City of Huntington Beach has ambitious objectives for spending its federal entitlement grant funding. The objectives are identified in the Consolidated Plan Needs Assessment which was developed by reviewing census statistical data and building upon already adopted planning documents, coupled with consultation with housing, homeless and service providers, City Departments, and the public via community meetings, public hearings, and a Community Needs Assessment Survey. The result was the formation of seven areas of priority need, including: 531 Huntington Beach 2024/25 Annual Action Plan 4 1.Households with Housing Problems - The need for affordable housing options in the City continue to be high, based on the proportion of households in the City experiencing cost burdens. 2.Homelessness - Homelessness continues to be a growing and pressing issue in Huntington Beach and regionally. The City will continue to fund and support efforts that address homelessness and serve persons experiencing homelessness. 3.Special Needs Populations - There are a number of special needs populations in the City that need continued services and support. These include, but are not limited to, persons with severe mental illness, veterans, persons with substance abuse addictions, and seniors. 4.Priority Community Services - There are a number of vital community services in the City that need continued services and support. These community services serve low- to moderate-income households and include activities, such as youth and senior services. 5.Priority Community and Public Facilities - The City recognizes the high need for public improvement activities throughout the City in order to provide for and maintain a safe and decent environment for its citizens. Identified priority needs include, but are not limited to, homeless shelters, parks and recreational centers, youth centers, and healthcare facilities. 6.Priority Infrastructure Improvements - The City recognizes the high need for public improvement activities throughout the City in order to provide for and maintain a safe and decent environment for its citizens. Identified priority needs include, but are not limited to, street and road improvements, sidewalk improvements, flood drainage improvements, and tree planting. 7.Other Housing and Community Development Needs - The City has identified the need to provide support for the HOME and CDBG programs in the City, as well as to affirmatively further fair housing. These activities are vital to the continuation of the City’s efforts to administer these programs. Evaluation of past performance The City reviews and evaluates its performance through its annual submission of the Consolidated Annual Performance and Evaluation Report (CAPER). As the fourth year of the FY 2020/21 – 2024/25 Consolidated Plan progresses, the City remains committed to achieving its objectives and looks forward to capturing additional performance accomplishments in the year-end FY 2023/24 CAPER. However, below is a summary of performance to date. 532 Huntington Beach 2024/25 Annual Action Plan 5 Decent Housing In FY 2020/21, the City allocated $2.8 million in HOME funding towards the development of a 43-unit affordable senior housing project located at 18431 Beach Boulevard. This project, undertaken in partnership with the local Community Housing Development Organization (CHDO), Jamboree Housing Corporation, marks a significant step towards addressing the housing needs of the senior population. Out of the 43 units, nine will be HOME-income and rent-restricted, ensuring affordability for very-low-income households. Upon completion of this project, which is currently in progress, the City will have accomplished nearly 50% of its 20-unit development goal for the 2020/21-2024/25 Consolidated Plan timeframe. Since July 2020, the City has allocated close to $3 million in HOME funds to provide tenant-based rental assistance (TBRA) to low- and moderate-income households. This assistance has been crucial in addressing housing affordability challenges faced by vulnerable populations within the community. Over the first three years of the TBRA program, 146 households received assistance, demonstrating the program's effectiveness in supporting households in need. By mid-year of FY 2023/24, an additional 52 households were enrolled in one of the three TBRA programs sponsored by the City, further expanding the reach and impact of rental assistance initiatives. The Homeowner Rehabilitation Loans and Grants Program offers vital assistance to eligible lower-income Huntington Beach households. The Rehabilitation Grant Program provides one-time grants of up to $10,000 to low-income homeowners for deferred maintenance and health and safety-related household repairs. In contrast, the Rehabilitation Loan Program offers deferred payment loans of up to $75,000 to low-income homeowners. These programs aim to assist homeowners in making necessary repairs to maintain the safety and livability of their properties. To date, the City has funded 35 homeowner rehabilitation projects through these programs, with additional households currently on the waiting list. This demonstrates the City's commitment to supporting homeownership and preserving affordable housing options for its residents. Suitable Living Environment The City's Special Code Enforcement program has consistently surpassed its goal of assisting 600 housing units each year in CDBG-eligible areas. Since July 2020, the program has issued over 4,000 code violations, which in most cases, are voluntarily addressed by homeowners. This proactive approach to maintaining community standards and ensuring safe and habitable living conditions, underscores the City's 533 Huntington Beach 2024/25 Annual Action Plan 6 commitment to ensuring compliance with housing standards and contributing to the overall well-being and livability of neighborhoods within CDBG-eligible areas. The City continues to prioritize providing quality and effective services to various segments of the Huntington Beach community, including youth, homeless individuals, seniors, the disabled, and illiterate adults. These efforts are funded through public service funding and contribute to enhancing the well-being and accessibility of essential services for residents. Since July 2020, the City has made significant strides in its public service initiatives. For example, 669 youth have benefited from subsidized after-school programming, enriching their educational experiences and providing valuable opportunities for growth and development. Additionally, a total of 1,903 homeless individuals have received a range of services, including case management, emergency housing, outreach services, and other wrap around services. These efforts demonstrate the City's commitment to addressing homelessness and supporting vulnerable populations. Finally, approximately 1,500 seniors have accessed services provided through the City's Senior Care Services Program, catering to their unique needs and promoting active and healthy aging within the community. As part of its commitment to enhancing public facilities and community infrastructure, the City set a goal to assist 5,000 persons with improved or new public facilities during the 2020/21-2024/25 Consolidated Plan period. In FY 2023/24, the City allocated CDBG funding to the Central Library Restrooms Project, which includes ADA improvements. Upon completion, this project will not only contribute to enhancing accessibility but will also exceed the goal by serving a larger number of individuals than initially targeted. The City used CDBG funding in FY 2020/21, 2021/22, and most recently in FY 2023/24 to make ADA curb cut improvements in various areas of the City. By the end of FY 2021/22, over 4,000 persons had already benefited from the handicap-accessible curb cuts, surpassing the 5-year goal of 2,000. An estimated 2,500 additional persons are set to benefit from the latest project in FY 2023/24. Economic Opportunity In 2014, the City of Huntington Beach undertook the preparation of a comprehensive Economic Development Strategy. The purpose of the Strategy was 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 short-term 534 Huntington Beach 2024/25 Annual Action Plan 7 (0-2 years), mid-term (3-5 years), and long-term economic decisions. The Strategy contains a diverse range of core objectives and goals that support the City's Economic Development vision to focus on the retention, attraction, and expansion of the business community, consistent with the City Council's Strategic Goals to "Enhance Economic Development" and "Improve Financial Stability." In addition, in October 2023, the City Council adopted the 2023-2027 Strategic Plan for the City of Huntington Beach. This 2023-2027 Strategic Plan identifies various policies and programs that the City should prioritize, over and above normal operations, within the limited financial, human, and operational resources of the City. The goal of economic development is for greater business retention, investment, and job growth in Huntington Beach. Summary of citizen participation process and consultation process As a condition to receiving CDBG and HOME funds, the City of Huntington Beach must engage stakeholders and the public regarding the community’s needs in the areas of community development and housing. To guide in this effort, the City has adopted a Citizen Participation Plan which outlines the citizen participation and consultation efforts necessary for the development of the Consolidated Plan, Annual Action Plan, and CAPER. All of Huntington Beach’s citizens are encouraged to participate in the planning, development, and implementation of the Action Plan. Two public hearings and several public meetings with the Citizen Participation Advisory Board are held by the City each year to discuss issues related to the Consolidated Plan as well as the Action Plan. A summary of the Annual Action Plan was presented to the CPAB and City Council on March 19, 2024 and subsequently on April 5, 2024, and the Draft Action Plan was posted to the City’s website. A Public Hearing on adopt the FY 2024/25 Action Plan will be held on May 7, 2024 before the Huntington Beach City Council, following a 30-day public comment period that began on April 5, 2024 and culminated with the public hearing to approve the Plan on May 7, 2024. Summary of public comments See Appendix I for Citizen Participation comments made during the development of the FY 2024/25 Action Plan. 535 Huntington Beach 2024/25 Annual Action Plan 8 Summary of comments or views not accepted and the reasons for not accepting them All comments made are accepted and reviewed. Summary The Consolidated Plan for Huntington Beach outlines several top funding priorities over a five- year period, from 2020/21 to 2024/25. These priorities have been identified through a thorough needs assessment process, including a housing market analysis, input from public meetings, community surveys, and consultation with local stakeholders. The overarching goal is to align these priorities with HUD's objectives of providing availability, sustainability, and affordability for residents of Huntington Beach. The top seven priorities and their implementing goals for CDBG and HOME funded projects are as follows: Households with housing problems Sustain and Strengthen Neighborhoods Preserve Existing and Create New Affordable Housing Homelessness Support efforts to address homelessness Special Needs Populations Support agencies that assist special needs populations Priority Community Services Increase access to community services to low- and moderate-income persons Priority Community and Public Facilities Preserve existing and create new community and public facilities Priority Infrastructure Improvements Provide needed infrastructure improvements Other Housing and Community Development Needs Planning or housing and community development needs 536 Huntington Beach 2024/25 Annual Action Plan 9 PR-05 Lead & Responsible Agencies 24 CFR 91.200(b) Describe agency/entity responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source The following are the agencies/entities responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source. Agency Role Name Department/Agency Lead Agency HUNTINGTON BEACH Community Development Department/Community Enhancement Division CDBG Administrator Jennifer Villasenor, Community Development Director Community Development Department / Community Enhancement Division HOME Administrator Jennifer Villasenor, Community Development Director Community Development Department / Community Enhancement Division Table 1 – Responsible Agencies Narrative The Community Enhancement Division of the City of Huntington Beach serves as the lead agency responsible for overseeing the development of the FY 2024/25 Action Plan. This division plays a crucial role in coordinating the allocation of funding, monitoring community- based organizations, administering the Community Development Block Grant (CDBG) and HOME programs, and managing other housing and community development initiatives. Annual Action Plan Public Contact Information Gregory Hoang Senior Housing Analyst City of Huntington Beach Community Enhancement Division 2000 Main Street, 5th Floor Huntington Beach, CA 92648 Phone: (714) 563-5473 Email: gregory.hoang@surfcity-hb.org 537 Huntington Beach 2024/25 Annual Action Plan 10 AP-10 Consultation - 91.100, 91.200(b), 91.215(l) Provide a concise summary of the jurisdiction’s activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(I)). The City of Huntington Beach developed its five-year (2020/21 – 2024/25) Consolidated Plan through a collaborative process that involved consultation with various stakeholders. These stakeholders included the Orange County Housing Authority, City departments, health and social service providers, and neighboring local governments. As part of this process, the City sought input from housing, homeless, and social service providers that are active within Huntington Beach. To gather input from these service providers, the City distributed a brief survey to solicit their perspectives on the services they offer, priority needs within the community, and any gaps in services that exist. This survey served as a valuable tool for capturing the insights and expertise of organizations working directly with residents in need of housing assistance, homeless services, and social support. By engaging with a diverse range of stakeholders and seeking input through surveys and consultations, the City ensured that its Consolidated Plan was informed by the experiences and perspectives of those directly involved in addressing housing and social service needs in Huntington Beach. This collaborative approach helps to ensure that the Consolidated Plan accurately reflects the community's priorities and guides the allocation of resources to address key challenges effectively. Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness The City of Huntington Beach actively participates in the Orange County Continuum of Care (CoC), which is led and coordinated by the Orange County Health Care Agency. This partnership between public and nonprofit entities aims to ensure comprehensive and regional coordination of efforts and resources to address homelessness and support individuals at risk of homelessness throughout Orange County. As part of the CoC, the City's Homeless Outreach Case Manager collaborates with other stakeholders to promote community-wide commitment to the goal of ending homelessness. 538 Huntington Beach 2024/25 Annual Action Plan 11 The CoC serves as a regional convener of year-round planning processes and facilitates the involvement of public and private agencies within the regional homeless system of care. The Orange County Continuum of Care system is structured to achieve several key objectives: 1.Promote Community-wide Commitment: The CoC fosters a shared commitment among stakeholders to end homelessness through regional coordination and collaboration. 2.Advocate for Funding and Resources: It advocates for funding and resources to support efforts aimed at quickly rehousing individuals experiencing homelessness while minimizing trauma and dislocation. 3.Promote Access to Mainstream Programs: The CoC works to ensure that homeless individuals and families have access to and effectively utilize mainstream programs and services. 4.Implement Best Practices: It promotes the implementation of best practices and evidence-based approaches to homeless programming and services to ensure effectiveness and efficiency. By actively participating in the Orange County Continuum of Care, the City of Huntington Beach contributes to the collective efforts aimed at addressing homelessness and improving outcomes for individuals and families experiencing housing instability in the region. Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards and evaluate outcomes, and develop funding, policies and procedures for the administration of HMIS Not applicable. The City of Huntington Beach does not receive ESG funds. Describe Agencies, groups, organizations and others who participated in the process and describe the jurisdictions consultations with housing, social service agencies and other entities 539 Huntington Beach 2024/25 Annual Action Plan 12 Agency/Group/ Organization Agency/Group/ Organization Type What section of the Plan was addressed by Consultation? How was the Agency/ Group/ Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? City of Huntington Beach Other government -Local Housing Need Assessment Homeless Needs Homelessness Strategy Non-Homeless Special Needs Market Analysis Economic Development Non-Housing Community Development Strategy Anti-Poverty Strategy Lead-based Paint Strategy Citizen Participation Advisory Board (CPAB), Mobile Home Advisory Board, and Homeless Collaborative meetings. City will continue maintaining its strong relationships with service providers and local jurisdictions to implement the 5-year strategy. Huntington Beach City Council Civic Leaders Housing Need Assessment Non-Homeless Special Needs Market Analysis Economic Development Non-Housing Community Development Strategy Anti-Poverty Strategy Public hearings. City Council members reflect the needs of their constituents in the community, which are incorporated into the needs and priorities identified in the Plan. Orange County Housing Authority PHA Housing Other government –County Housing Need Assessment Public Housing Needs Homelessness Strategy Non-Homeless Special Needs Anti-Poverty Strategy Invitation to participate in the survey, public input meeting, and comment on the draft plan AIDS Services Foundation of Orange County Services - Health Non-Homeless Special Needs Invitation to participate in the survey, public input meeting, and comment on the draft plan Alzheimer's Family Services Center Services - Health Housing Needs Assessment Public Housing Needs Homelessness Strategy Anti-Poverty Strategy Invitation to participate in the survey, public input meeting, and comment on the draft plan Beach Cities Interfaith Services (BCIS) Services - Homeless Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Needs - Unaccompanied youth Homelessness Strategy Invitation to participate in the survey, public input meeting, and comment on the draft plan 540 Huntington Beach 2024/25 Annual Action Plan 13 Agency/Group/ Organization Agency/Group/ Organization Type What section of the Plan was addressed by Consultation? How was the Agency/ Group/ Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Build Futures Services - Homeless Housing Need Assessment Non-Homeless Special Needs Invitation to participate in the survey, public input meeting, and comment on the draft plan Children's Bureau Services – Children Housing Need Assessment Homelessness Strategy Non-Homeless Special Needs Market Analysis Economic Development Invitation to participate in the survey, public input meeting, and comment on the draft plan Colette's Children's Home Services - Homeless Housing Need Assessment Homelessness Strategy Non-Homeless Special Needs Market Analysis Economic Development Invitation to participate in the survey, public input meeting, and comment on the draft plan Community SeniorServ Services - Elderly Persons Housing Need Assessment Homelessness Strategy Non-Homeless Special Needs Market Analysis Economic Development Invitation to participate in the survey, public input meeting, and comment on the draft plan CrossPoint Church Services - Homeless Housing Need Assessment Homelessness Strategy Market Analysis Economic Development Invitation to participate in the survey, public input meeting, and comment on the draft plan CSP, Huntington Beach Youth Shelter Services - Homeless Housing Need Assessment Homelessness Strategy Market Analysis Economic Development Invitation to participate in the survey, public input meeting, and comment on the draft plan Dayle McIntosh Center Services - Persons with Disabilities Housing Need Assessment Non-Homeless Special Needs Market Analysis Economic Development Invitation to participate in the survey, public input meeting, and comment on the draft plan Family Literacy Program Services - Literacy Housing Need Assessment Homelessness Strategy Market Analysis Economic Development Invitation to participate in the survey, public input meeting, and comment on the draft plan Huntington Beach Hospital Services - Health Housing Need Assessment Non-Homeless Special Needs Market Analysis Economic Development Invitation to participate in the survey, public input meeting, and comment on the draft plan Huntington Beach Police Department Services - Homeless Homeless Needs Homelessness Strategy Homeless Collaborative Meeting. CPAB meeting. 541 Huntington Beach 2024/25 Annual Action Plan 14 Agency/Group/ Organization Agency/Group/ Organization Type What section of the Plan was addressed by Consultation? How was the Agency/ Group/ Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Huntington Beach Senior Services/Senior Outreach Services - Elderly Persons Housing Need Assessment Non-Homeless Special Needs Market Analysis Economic Development Invitation to participate in the survey, public input meeting, and comment on the draft plan Project Self-Sufficiency Services - Homeless Homeless Needs - Chronically homeless Homelessness Needs - Veterans Homelessness Strategy Invitation to participate in the survey, public input meeting, and comment on the draft plan Regional Center of Orange County Services - Health Housing Need Assessment Non-Homeless Special Needs Market Analysis Economic Development Invitation to participate in the survey, public input meeting, and comment on the draft plan Society of St. Vincent de Paul Services - Homeless Homeless Needs Homelessness Strategy Invitation to participate in the survey, public input meeting, and comment on the draft plan St. Vincent de Paul Society, St. Mary by the Sea Services - Homeless Homeless Needs Homelessness Strategy Invitation to participate in the survey, public input meeting, and comment on the draft plan U.S. Department of Housing and Urban Development Government – Federal Housing Need Assessment Non-Homeless Special Needs Market Analysis Economic Development Non-Housing Community Development Strategy Anti-Poverty Strategy The U.S. Department of Housing and Urban Development has been consulted regarding the COVID-19 pandemic. Table 2 – Agencies, groups, organizations who participated Identify any Agency Types not consulted and provide rationale for not consulting The City of Huntington Beach diligently engaged in the development of its Consolidated Plan by consulting with a broad spectrum of stakeholders. These consultations included housing, social, and health service providers, as well as local agencies and governments, and the Orange County Housing Authority. By actively seeking input from these various entities, the City ensured that a comprehensive range of perspectives and expertise were considered in the planning process. The City is unaware of any Agency Types relevant to the Consolidated Plan that were not consulted. 542 Huntington Beach 2024/25 Annual Action Plan 15 Other local/regional/state/federal planning efforts considered when preparing the Plan Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan? Continuum of Care OC Partnership, 2-1-1 Orange County and the OC Community Services. For the past several years, leadership and coordination of Orange County’s Continuum of Care planning process has been the shared responsibility of OC Partnership, 2-1-1 Orange County and the OC Community Services. These organizations use housing and demographic data obtained through HMIS and Homeless Counts to determine needs and to pinpoint gaps in housing and services. This in turn helps to pool and coordinate resources with the County and cities to develop coordinated homeless access and assessment centers. Huntington Beach participates in building the regional continuum of care to address the homeless and persons at-risk of homelessness. Huntington Beach 2013-2021 Housing Element City of Huntington Beach Planning Division Key housing policies and programs from the Housing Element have been reflected within the Consolidated Plan. Draft Huntington Beach 2021- 2029 Housing Element City of Huntington Beach Planning Division Key housing policies and programs from the Housing Element have been reflected within the Consolidated Plan. Table 3 – Other local / regional / federal planning efforts 543 Huntington Beach 2024/25 Annual Action Plan 16 AP-12 Participation - 91.105, 91.200(c) Summary of citizen participation process/Efforts made to broaden citizen participation The Citizen Participation Plan established by the City of Huntington Beach demonstrates a commitment to inclusive and transparent governance in its federal HOME and CDBG programs. By encouraging and facilitating citizen participation in the planning, development, and implementation of the Consolidated Plan and Action Plan, the City ensures that community voices are heard and considered in decision-making processes. The City's practice of holding advertised public hearings and publishing Notices of Public Hearing at least 15 days prior to the hearing provides residents with ample opportunity to engage and provide input on community needs. Additionally, making public notices, staff reports, and Action Plans accessible on the City's website enhances transparency and enables residents to review relevant information at their convenience. Housing and Community Development Needs Survey In order to evaluate public opinion of specific housing and community development needs for the 2020/21 – 2024/25 Consolidated Plan, the City utilized a Housing and Community Development Needs Survey (in English and Spanish) in which the respondent was asked to rank the level of need for a particular service, capital improvement, and public benefit. A total of 417 responses were received and helped shape the outcome of the Plan’s Five-Year Goals and Objectives. Community Meetings For development of the Consolidated Plan, the Citizen Participation Advisory Board (CPAB) conducted a series of public hearings on community needs on October 3, 2019, November 7, 2019, December 5, 2019, and February 20, 2020 at Huntington Beach City Hall and at the Oak View Branch Library. The comments received are summarized in the Consolidated Plan Appendix. Public Comment and Final Adoption A draft FY 2020/21 – 2024/25 Consolidated Plan (inclusive of the FY 2020/21 Annual Action Plan) was made available for public comment for a 30-day period beginning on June 5, 2020 and concluding on July 6, 2020. A public hearing was held on July 6, 2020 providing residents and interested parties a final opportunity to comment on the Plans prior to adoption and submittal to HUD. 544 Huntington Beach 2024/25 Annual Action Plan 17 FY 2024/25 Annual Action Plan Citizen Participation The City of Huntington Beach has a Citizen Participation Plan to guide the City's CDBG citizen participation process. All of Huntington Beach’s citizens are encouraged to participate in the planning, development, and implementation of the Annual Action Plan. Organizations receiving direct CDBG funding are in regular contact with City staff. Other organizations are consulted as needed or have been present at various public hearings held by the City. At least two public hearings are held each year by the City to discuss issues related to the Consolidated Plan, as well as the Annual Action Plan. The two hearings take place during the development of the Annual Action Plan and focus on the needs of the community and a review/summary of performance measures, and provide citizens with an opportunity to comment on the draft Annual Action Plan. In all cases, a Notice of Public Hearing is published at least 15 days prior to the hearing to provide residents with adequate notice. A draft 2024/25 Action Plan was available for public comment for a minimum 30-day period (April 5 – May 7, 2024). The CPAB and City Council held public meetings or hearings on January 18, 2024, February 1, 2024, February 22, 2024, March 19, 2024 and May 7, 2024, providing residents and interested parties a final opportunity to comment on the Annual Action Plan prior to adoption and submittal to HUD. 545 Huntington Beach 2024/25 Annual Action Plan 18 Citizen Participation Outreach Mode of Outreach Target of Outreach Summary of Response/ Attendance Summary of Comments Received Summary of Comments not Accepted and Reasons URL (If applicable) Newspaper Ad Non-targeted/ broad community A newspaper advertisement was published on January 4, 2024 inviting citizens to attend the Needs and Priorities public hearing on January 18, 2024 No comments were received as a result of publishing the public notice. No comments received. N/A Public Hearing Minorities Non-English Speaking - Spanish Persons with disabilities Residents of Public and Assisted Housing Non-targeted/ broad community Other - Service providers and faith-based organizations representing seniors, youth, homeless, fair housing, code enforcement, infrastructure improvements, and housing. The Citizen Participation Advisory Board (CPAB), a group of appointed Huntington Beach citizens, held a public hearing on January 18, 2024 to solicit input on housing and community development needs. See Huntington Beach Citizen Participation Comments in Appendix I. No comments received. N/A 546 Huntington Beach 2024/25 Annual Action Plan 19 Citizen Participation Outreach Mode of Outreach Target of Outreach Summary of Response/ Attendance Summary of Comments Received Summary of Comments not Accepted and Reasons URL (If applicable) Public Meetings Non-targeted/ broad community Agencies requesting CDBG funding were invited to give presentations and answered questions from the Citizen Participation Advisory Board (CPAB) at three public meetings on 1/18/24, 2/1/24, and 2/22/24. See Huntington Beach Citizen Participation Comments in Appendix. All comments received were accepted. N/A Public Hearing Non-targeted/ broad community A joint CPAB and City Council study session was held on 3/19/24 to go over CPAB funding recommend- ations. See Huntington Beach Citizen Participation Comments in Appendix. All comments received were accepted. N/A 547 Huntington Beach 2024/25 Annual Action Plan 20 Citizen Participation Outreach Mode of Outreach Target of Outreach Summary of Response/ Attendance Summary of Comments Received Summary of Comments not Accepted and Reasons URL (If applicable) Newspaper Ad Non-targeted/ broad community A newspaper advertisement was made soliciting public comment on the draft FY 2024/25 Action Plan and to notify the public of a public hearing to adopt the Plan on 5/7/24. The public notice was published on April 4, 2024. See Huntington Beach Citizen Participation Comments in Appendix. All comments received were accepted. N/A Public Hearing Non-targeted/ broad community The City Council will hold a public hearing to adopt the FY 2024/25 Action Plan on 5/7, 2024. See Huntington Beach Citizen Participation Comments in Appendix. All comments received were accepted. N/A Table 4 - Citizen Participation Outreach 548 Huntington Beach 2024/25 Annual Action Plan 21 EXPECTED RESOURCES AP-15 Expected Resources – 91.220(c) (1,2) Huntington Beach is an entitlement jurisdiction and as such, will receive approximately $1,171,668 in CDBG entitlement funds, will have approximately $60,013 in prior year CDBG funds carried forward, and is estimated to receive around $33,000 in program income for a total of $1,264,681. The City does not have any income from float-funded activities or surplus from urban renewal settlements, sale of real property, prior period adjustments, loans outstanding or written off, CDBG-acquired property available for sale, or lump sum drawdown payments. Nor is the City funding any “urgent need activities.” CDBG funds will be used for public services, housing services in support of eligible HOME activities, a single-family rehabilitation program, code enforcement, infrastructure improvements, and CDBG administration. The City will also receive a HOME entitlement allocation of approximately $668,370. Prior year unallocated funds of $467,361 and approximately $100,000 in program income will also be available, for a total of $1,235,731. The City will use HOME funds for administration of the HOME program, and three tenant-based rental assistance programs, and will reserve at least 15% for a future affordable housing project. The City is also proposing to use prior year HOME administrative funds for current year fair housing services. SB-2, also known as the Permanent Local Housing Allocation funding, was implemented in January 2019. It imposes an additional recording fee on property sales, with the aim of collecting revenues that are then distributed by the state to local jurisdictions. These funds are earmarked for financing affordable housing projects. Huntington Beach is set to receive annual revenues from this source, but it's contingent upon the certification of the 2021-2029 Housing Element by the State of California. Once the Housing Element is certified, Huntington Beach can continue to access these funds. This funding serves as a crucial resource that can be utilized to complement CDBG and HOME funds, particularly in addressing issues related to affordable housing and homelessness within the community. Leveraging these various funding sources can significantly bolster efforts to combat housing insecurity and homelessness in Huntington Beach. The Huntington Beach Housing Authority also contributes approximately $220,000 annually from the Low- and Moderate-Income Housing Asset Fund (LMIHAF) for homeless services 549 Huntington Beach 2024/25 Annual Action Plan 22 personnel as part of the City’s Homeless Taskforce effort. The City will pursue competitive public and private grants for the development and preservation of programs, housing, and services and work to support legislation that promotes funding for future affordable housing during the Consolidated Plan period. 550 Huntington Beach 2024/25 Annual Action Plan 23 Program Source of Funds Uses of Funds Expected Amount Available Year 5 Expected Amount Available Remainder of ConPlan $ Narrative Description Annual Allocation: $ Program Income: $ Prior Year Resources: $ Total: $ CDBG Public- Federal Acquisition, Planning, Economic Development, Housing, Public Improvements, Public Services $1,171,668 $33,000 $60,013 $1,264,681 $0 Entitlement funds allocation plus estimated program income and prior-year resources. HOME Public- Federal Acquisition, Homebuyer assistance, Homeowner rehab, Multifamily rental new construction, Multifamily rental rehab, New construction for ownership, TBRA $668,370 $100,000 $467,361 $1,235,731 $0 Entitlement allocation plus estimated program income and prior-year resources. Table 5 - Expected Resources – Priority Table 551 Huntington Beach 2024/25 Annual Action Plan 24 Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied Federal funds play a crucial role in implementing the Consolidated Plan. Local, private and non- federal funds are usually insufficient to meet the heavy demand for housing and services in our community. Agencies receiving CDBG and HOME funds leverage significant financial and in-kind support from individual community members, foundations, and private organizations that help meet the needs identified in this plan. Likewise, the City also leverages other resources among the formula grant programs. For example, the HOME program is matched by a variety of sources, including private and public investment including the use of low-income housing tax credits. Other future sources of matching funds include inclusionary housing in-lieu fees; residual receipts from loans of the former Redevelopment Agency; and a State SERAF loan repayment of former Redevelopment Low/Mod Housing Funds. The City has also leveraged CDBG and CDBG-CV funds with local monies to fund the operations of the Navigation Center, an emergency homeless shelter that was constructed to provide a safe place for homeless persons to live during the COVID-19 pandemic. The City of Huntington Beach has historically utilized former redevelopment tax increment funds and match surplus from contributions by the former Redevelopment Agency to meet the 25% match requirement on HOME funds drawn down for affordable housing. While redevelopment tax increment funds are no longer available for future match requirements, the City continues to leverage the match surplus for this purpose. As of September 30, 2022, the City's match surplus is approximately $2,741,888. This surplus provides a valuable resource for meeting the match requirement and supporting affordable housing development initiatives. If appropriate, describe publicly owned land or property located within the jurisdiction that may be used to address the needs identified in the plan The City Council authorized acquisition of property located at 17631 Cameron Lane that was developed as an emergency homeless shelter to help meet the needs of the homeless population, a priority need as described in the 2020/21-2024/25 Consolidated Plan. 552 Huntington Beach 2024/25 Annual Action Plan 25 ANNUAL GOALS AND OBJECTIVES AP-20 Annual Goals and Objectives Sort Order Goal Name Start Year End Year Category Geographic Area Needs Addressed Funding Goal Outcome Indicator 1 Sustain and Strengthen Neighborhoods 2024 2025 Affordable Housing Citywide Special Code Enforcement Area Households with Housing Problems $287,000 (CDBG) $232,519 (CDBG) Homeowner Units Rehabilitated – 8 Household Housing Units (Homeowner Rehabilitation Loans and Grants Program) Housing Code Enforcement/ Foreclosed Property Care – 600 Housing Units (Special Code Enforcement) 2 Preserve Existing and Create New Affordable Housing 2024 2025 Affordable Housing Citywide Households with Housing Problems $200,000 (HOME) $200,000 (HOME) $466,901 (HOME) $210,078 (CDBG) Tenant-Based Rental Assistance 15 Households (Families Forward TBRA Program) Tenant-Based Rental Assistance 15 Households (Mercy House TBRA Program) Tenant-Based Rental Assistance 25 Households (Mobile Home TBRA Program) Other 55 Housing Units (Housing Services for TBRA) 553 Huntington Beach 2024/25 Annual Action Plan 26 3 Support Efforts to Address Homelessness 2024 2025 Homeless Citywide Homelessness $23,000 (CDBG) $50,000 (CDBG) $37,500 (CDBG) Public service activities other than Low/Mod Income Housing Benefit – 35 Persons Assisted (StandUp for Kids Street Outreach Program) Public service activities other than Low/Mod Income Housing Benefit – 40 Persons Assisted (Robyne’s Nest) Public service activities other than Low/Mod Income Housing Benefit – 150 Persons Assisted (Project Hope Alliance) 4 Increase Access to Community Services to LMI Persons 2024 2025 Non-Housing Community Development Citywide Priority Community Services $65,250 (CDBG) Public service activities other than Low/Mod Income Housing Benefit – 200 Persons Assisted (Children’s Bureau) 5 Provide Needed Infrastructure Improvements 2024 2025 Non-Housing Community Development Low- and Moderate-Income Areas Priority Infrastructure Improvements $125,000 (CDBG) Public Facility or Infrastructure Activities other than Low/Moderate Income Housing Benefit 2,750 Persons Assisted (ADA Curb Cuts in Maintenance Zone 2) 6 Planning for Housing and Community Development 2024 2025 Other: Administration Not Applicable Other Housing and Community Development Needs $66,837 (HOME) $234,334 (CDBG) Other – Not Applicable (HOME Administration; CDBG Administration) Table 6 – Goals Summary 554 Huntington Beach 2024/25 Annual Action Plan 27 Goal Descriptions 1 Goal Name Sustain and Strengthen Neighborhoods Goal Description Using CDBG funds, the City will sustain and strengthen neighborhoods by eliminating unsafe conditions and blight while improving the quality of life of residents within the community. (Project: Homeowner Rehabilitation Loans and Grants Program; Special Code Enforcement) 2 Goal Name Preserve Existing and Create New Affordable Housing Goal Description To the extent possible, based upon the availability of funds and a project’s viability, HOME funds will be used to assist affordable housing developers in the acquisition, construction and/or rehabilitation of low-income rental and/or owner housing units. HOME funds will also be used to fund tenant- based rental assistance efforts. (Projects: Families Forward Tenant Based Rental Assistance; Mercy House Tenant Based Rental Assistance; Mobile Home Tenant-Based Rental Assistance Program; Housing Services for Tenant Based Rental Assistance Program) 3 Goal Name Support Efforts to Address Homelessness Goal Description Using CDBG funds, the City will provide assistance to homeless service providers. (Projects: StandUp for Kids Street Outreach Program; Robyne’s Nest; Project Hope Alliance) 4 Goal Name Increase Access to Community Services to LMI Persons Goal Description Using CDBG public service funds, the City will provide assistance to various social service agencies for programs for youth, anti-crime, and general public services. (Projects: Children’s Bureau) 5 Goal Name Provide Needed Infrastructure Improvements Goal Description Using CDBG funds, the City will provide financial assistance to improve public infrastructure. (Projects: ADA Curb Cuts in Maintenance Zone 2) 6 Goal Name Planning for Housing and Community Development Goal Description The City will conduct the following administration/planning activities: (1) General Administration of CDBG and HOME Program, including preparation of budget, applications, certifications and agreements, (2) Coordination of CDBG-funded capital improvement projects, (3) Coordination of Public Service Subrecipients, (4) Coordination of HOME-funded housing projects, (5) Monitoring of CDBG and HOME projects/programs to ensure compliance with federal regulations, (6) Preparation of Annual Action Plan, and (7) Preparation of the CAPER. Up to 20% of the annual CDBG entitlement and up to 10% of the HOME entitlement is allowed for administration activities. (Projects: HOME Administration, CDBG Administration) 555 Huntington Beach 2024/25 Annual Action Plan 28 Estimate the number of extremely low-income, low-income, and moderate-income families to whom the jurisdiction will provide affordable housing as defined by HOME 91.215(b) In FY 2024/25, the City of Huntington Beach will continue addressing housing affordability challenges by providing tenant-based rental assistance (TBRA) to various households in need. Specifically, the City plans to allocate HOME funding for TBRA through contracts with Families Forward and Mercy House to assist 15 homeless, senior, Veteran, and/or family households each. Additionally, a third TBRA program will be available to senior households requiring assistance with mobile home space rents, with the Action Plan proposing to aid 25 mobile home residents during the fiscal year. Furthermore, in FY 2020/21, the City allocated $2,830,698 in HOME funds to support the Huntington Beach Senior Housing Project situated at 18431 Beach Boulevard. This project, developed in collaboration with the local Community Housing Development Organization (CHDO), Jamboree Housing Corporation, will feature a total of 42 one-bedroom/one-bath units and one two-bedroom/one-bath manager's unit. Of these, nine units will be HOME- restricted, contributing to the City's affordable housing inventory. Upon completion, this project will fulfill 45% of the City's five-year goal to provide 20 new affordable housing units. Looking ahead to FY 2024/25, Huntington Beach has earmarked the necessary 15% CHDO allocation for the development of additional affordable housing. The specific project for this allocation is yet to be determined. 556 Huntington Beach 2024/25 Annual Action Plan 29 PROJECTS AP-35 Projects – 91.220(d) The City plans to undertake the following CDBG and HOME funded activities during FY 2024/25 to address its priority housing and community development needs. All proposed activities are eligible and meet program service targets. Additionally, the City of Huntington Beach has not exceeded any of its maximum allocations for CDBG public services, CDBG administration, or HOME administration. With an estimated CDBG allocation of $1,171,668, the City of Huntington Beach will allocate $175,750 for public services, representing 15% of the CDBG entitlement. This Action Plan proposes to allocate the following to 2024/25 public services: Stand Up for Kids Street Outreach ($23,000); Robyne’s Nest ($50,000); Project Hope Alliance ($37,500); and Children’s Bureau ($65,250). CDBG regulations also permit a maximum allocation of 20% of the annual entitlement, or $234,334, for CDBG administration activities. The City has allocated this entire amount to CDBG Administration. Lastly, a maximum of 10% of the annual HOME entitlement, $66,837, will be allocated to HOME Program Administration in FY 2024/25. Consistent with the City’s Citizen Participation Plan for 2020/21-2024/25, the Annual Action Plan may contain a list of “back-up” projects to be activated during the given program year due to one or more of the following circumstances: Additional funding becomes available during the program year from the close out of current projects that were completed under budget. More program income becomes available than originally estimated and budgeted in the Annual Action Plan. If, during the development of the Annual Action Plan, the City of Huntington Beach has not definitively decided which public facility or infrastructure improvement project to fund, the City may opt to categorize each option as a “back-up” project until further project and budget planning is performed. Initiation and funding of one or more of the “back-up” projects would not constitute a substantial amendment as defined in the Citizen Participation Plan. Preferential consideration will be given to those projects that demonstrate the ability to spend CDBG funds in a timely manner, consistent with the City’s goal to meet CDBG timeliness rules, as well as those projects 557 Huntington Beach 2024/25 Annual Action Plan 30 that meet the needs of the community as defined in the Consolidated Plan. Projects # Project Name 1 Homeowner Rehabilitation Loans and Grants Program 2 Special Code Enforcement 3 Families Forward Tenant Based Rental Assistance Program 4 Mercy House Tenant Based Rental Assistance Program 5 Mobile Home Tenant-Based Rental Assistance Program 6 Housing Services for Tenant Based Rental Assistance Program 7 Stand Up for Kids Street Outreach Program 8 Robyne’s Nest 9 Project Hope Alliance 10 Oak View Community Center – Children’s Bureau 11 ADA Improvements in Maintenance Zone 2 12 CDBG Administration 13 HOME Program Administration 14 Unallocated HOME Funds Table 8 - Project Information Describe the reasons for allocation priorities and any obstacles to addressing underserved needs The Housing and Homeless Needs Assessment of the Consolidated Plan discusses housing need by income category. Income levels identified are 1) extremely low-income; 2) very low- income; and 3) low- and moderate-income households. Based on HUD recommendations, general relative priorities for funding will be as follows: The highest priority is assigned to the needs of the lowest income residents, reflecting their greater vulnerability to displacement, homelessness, or other serious housing situations due to limited financial resources and other challenges they may face. The Consolidated Plan identifies several obstacles to meeting underserved needs, including the high and sustained demand for public services and the shortage of funding available to address the community's needs. 558 Huntington Beach 2024/25 Annual Action Plan 31 AP-38 Project Summary Project Summary Information 1 Project Name Homeowner Rehabilitation Loans and Grants Program Target Area Citywide Goals Supported Sustain and Strengthen Neighborhoods Needs Addressed Households with Housing Problems Funding CDBG: $287,000 Description Eligibility Citation: 24 CFR 570.202 - Housing/Rehab: Single Unit Residential National Objective Citation: 24 CFR 570.208(a)(3) - Low Mod Housing Benefit The Homeowner Rehabilitation Loans and Grants Program offers assistance to lower income households for much needed home repairs and improvements. Available to eligible homeowners is a $75,000 loan to pay rehabilitation costs for a single-family home, townhome, or condominium. The City charges a 3% simple interest. Repayment of the loan is deferred until the home is sold, transferred, or refinanced. The City also offers a one-time grant not to exceed $10,000 to low-income homeowners for deferred maintenance and health and safety-related household repairs. Qualified households may include owners of mobile homes. The Homeowner Rehabilitation Loans and Grants Program will also fund operation costs associated with the implementation program. Target Date 6/30/2025 Estimate the number and type of families that will benefit from the proposed activities 8 housing units Location Description Citywide Planned Activities Same as description. 559 Huntington Beach 2024/25 Annual Action Plan 32 2 Project Name Special Code Enforcement Target Area Low- and Moderate-Income Areas Goals Supported Sustain and Strengthen Neighborhoods Needs Addressed Households with Housing Problems Funding CDBG: $232,519 Description Eligibility Citation: 24 CFR 570.202 (c) - Code Enforcement National Objective Citation: 24 CFR 570.208 (a)(1) - Low Mod Area Benefit Funding will be used to support two (2) full-time Code Enforcement Officers (CEO) for all the CDBG Districts. As the City ages, certain areas within the City of Huntington Beach need ongoing, proactive property maintenance inspections by code enforcement to maintain a safe, habitable living environment. Thus, with continued code enforcement efforts and education, the quality of life and housing standards are maintained. The Code Enforcement Program benefits the community overall by working to upgrade the housing stock within deteriorating/ deteriorated areas. Target Date 6/30/2025 Estimate the number and type of families that will benefit from the proposed activities 600 housing units Location Description Special Code Enforcement Area Planned Activities Same as description. 560 Huntington Beach 2024/25 Annual Action Plan 33 3 Project Name Families Forward Tenant Based Rental Assistance (TBRA) Program Target Area Citywide Goals Supported Preserve Existing and Create New Affordable Housing Needs Addressed Households with Housing Problems Funding HOME: $200,000 Description Eligibility Citation: 24 CFR 92.205(a)(1) – Tenant Based Rental Assistance National Objective Citation: 24 CFR 570.208(a)(3) - Low Mod Housing Benefit Families Forward will continue administering a Tenant Based Rental Assistance Program with a goal of assisting 15 households with short and medium-term rental assistance as well as housing relocation and stabilization services. Target Date 06/30/2025 Estimate the number and type of families that will benefit from the proposed activities 15 households Location Description Citywide. Planned Activities Same as description. 561 Huntington Beach 2024/25 Annual Action Plan 34 4 Project Name Mercy House Tenant Based Rental Assistance (TBRA) Program Target Area Citywide Goals Supported Preserve Existing and Create New Affordable Housing Needs Addressed Households with Housing Problems Funding HOME: $200,000 Description Eligibility Citation: 24 CFR 92.205(a)(1) – Tenant Based Rental Assistance National Objective Citation: 24 CFR 570.208(a)(3) - Low Mod Housing Benefit Mercy House will continue administering a Tenant Based Rental Assistance Program with a goal of assisting 15 households with short and medium- term rental assistance as well as housing relocation and stabilization services. Target Date 06/30/2025 Estimate the number and type of families that will benefit from the proposed activities 15 households Location Description Citywide. Planned Activities Same as description. 562 Huntington Beach 2024/25 Annual Action Plan 35 5 Project Name Mobile Home Tenant-Based Rental Assistance Program Target Area Citywide Goals Supported Preserve Existing and Create New Affordable Housing Needs Addressed Households with Housing Problems Funding HOME: $466,901 Description Eligibility Citation: 24 CFR 92.205(a)(1) – Tenant Based Rental Assistance National Objective Citation: 24 CFR 570.208(a)(3) - Low Mod Housing Benefit The City of Huntington Beach will offer a Mobile Home Tenant-Based Rental Assistance Program to seniors (age 62+) with at least one year of mobile home residency. The homeowners must also be very low income (50% area median income) or below and preference will be given to veterans, extremely low income, or to seniors who are severely cost burdened (paying over 50% of their income on housing). The program proposes to assist 25 households with much needed rental assistance. Target Date 06/30/2025 Estimate the number and type of families that will benefit from the proposed activities 25 households Location Description Citywide. Planned Activities Same as description. 563 Huntington Beach 2024/25 Annual Action Plan 36 6 Project Name Housing Services for Tenant Based Rental Assistance (TBRA) Program Target Area Citywide Goals Supported Preserve Existing and Create New Affordable Housing Needs Addressed Households with Housing Problems Funding CDBG: $210,078 Description Eligibility Citation: 24 CFR 570.201 (k) – Housing Services National Objective Citation: 24 CFR 570.208(a)(3) - Low Mod Housing Benefit The City will allocate $210,078 in CDBG funds to be used to pay costs in support of activities eligible for funding under the HOME program. This activity will fund services such as housing counseling in connection with tenant-based rental assistance, inspections, tenant selection, and management of the three Huntington Beach Tenant Based Rental Assistance Programs. Target Date 06/30/2025 Estimate the number and type of families that will benefit from the proposed activities 55 households Location Description Citywide. Planned Activities Same as description. 564 Huntington Beach 2024/25 Annual Action Plan 37 7 Project Name StandUp for Kids Street Outreach Program Target Area Citywide Goals Supported Support Efforts to Address Homelessness Needs Addressed Homelessness Funding CDBG: $23,000 Description Eligibility Citation: 24 CFR 570.201 (c) - Operating Costs of Homeless/AIDS Patients Programs National Objective Citation: 24 CFR 570.208 (a)(2) - Low/Mod Limited Clientele Benefit StandUp for Kids Street Outreach provides wrap- around support aimed at moving youth facing homelessness into safe and stable housing. Youth are assessed for their immediate needs and provided with food, clothing, hygiene products, and transitional housing as needed. Youth are then linked with a volunteer mentor who assists the youth to create a pathway to self-sufficiency and to obtain safe and stable housing. This pathway can include assistance, job search and resume strategies, household and budget management, and home-finding assistance. Mentoring normally continues for six months, and sometimes much longer. Huntington Beach citizens will benefit through creating new self-supporting, contributing members of their communities. Target Date 6/30/2025 Estimate the number and type of families that will benefit from the proposed activities 35 persons (homeless) Location Description Citywide Planned Activities Same as description. 565 Huntington Beach 2024/25 Annual Action Plan 38 8 Project Name Robyne’s Nest Target Area Citywide Goals Supported Support Efforts to Address Homelessness Needs Addressed Homelessness Funding CDBG: $50,000 Description Eligibility Citation: 24 CFR 570.201 (c) - Operating Costs of Homeless/AIDS Patients Programs National Objective Citation: 24 CFR 570.208 (a)(2) - Low/Mod Limited Clientele Benefit The mission of Robyne's Nest is to identify at-risk and homeless high school students and provide them a path to become stable and productive citizens. Robyne's Nest helps high school students in the Huntington Beach area who have little to no parental support with academic, financial, and life skills. They assist students with security, routine, and a place to belong. Their purpose is to enable students to complete their high school diploma and continue onward with college, trade school, or military programs. Robyne's Nest provides housing resources; basic needs such as food, clothing, and supplies; educational assistance such as tutoring, Chromebooks, school supplies, and fees; and overall help with health and wellbeing in the form of counseling, therapy, mentoring, and life skills classes. Target Date 6/30/2025 Estimate the number and type of families that will benefit from the proposed activities 40 persons (homeless) Location Description Citywide Planned Activities Same as description. 566 Huntington Beach 2024/25 Annual Action Plan 39 9 Project Name Project Hope Alliance Target Area Citywide Goals Supported Support Efforts to Address Homelessness Needs Addressed Homelessness Funding CDBG: $37,500 Description Eligibility Citation: 24 CFR 570.201 (c) - Operating Costs of Homeless/AIDS Patients Programs National Objective Citation: 24 CFR 570.208 (a)(2) - Low/Mod Limited Clientele Benefit Project Hope Alliance (PHA) utilizes a unique program methodology - placing full-time, professional case managers directly on school campuses for the purpose of serving the educational and social-emotional needs of students experiencing homelessness. Participants are provided customized, wraparound support from case managers who are available for their students 24 hours a day, which allows the PHA team to create meaningful relationships and be available to address unexpected and emergent needs or crises. In the longer term, PHA offers continuity by staying with students until the age of 24 as they go on to college or trade school, find gainful employment, and become self-sufficient adults residing in stable housing. In 2022, PHA established on-site offices at Huntington Beach High School, Valley Vista High School, and Huntington Beach Adult School. With additional funds from City of Huntington Beach CDBG, PHA have been able to expand these services to more students, including two new high schools in 2023. This year, PHA has hired an additional two case managers at Ocean View High School and Westminster High School. Target Date 6/30/2024 Estimate the number and type of families that will benefit from the proposed activities 90 persons (homeless) 567 Huntington Beach 2024/25 Annual Action Plan 40 Location Description Project Hope Alliance is located in Costa Mesa, CA; however, services will be offered at various schools in Huntington Beach, including: Huntington Beach High School: 1905 Main Street, Huntington Beach, CA 92648 Valley Vista High School: 9600 Dolphin Street, Fountain Valley, CA 92708 Huntington Beach Adult School: 17231 Gothard Street, Huntington Beach, CA 92647 Westminster High School, 14325 Goldenwest St., Westminster CA 92683 Oceanview High School: 17071 Gothard Street, Huntington Beach, CA 92647 Planned Activities Same as description. 568 Huntington Beach 2024/25 Annual Action Plan 41 10 Project Name Children’s Bureau Target Area Citywide Goals Supported Increase Access to Community Services for LMI Persons Needs Addressed Priority Community Services Funding CDBG: $65,250 Description Eligibility Citation: 24 CFR 570.201(e) - Public Services/Youth Services National Objective Citation: 24 CFR 570.208(a)(2) - Low Mod Limited Clientele Benefit The Oak View Family Resource Center (FRC) is located in the Oak View enhancement area where many of the families are linguistically isolated, which creates a need for specialized services. The Children's Bureau provides after school recreation in a safe environment, promoting healthy activity, and social interaction, as an alternative to unsupervised, unstructured, high-risk activity. CDBG funds pay for staffing for the after-school recreation program, as well as for related costs for supplies, equipment and services. Target Date 6/30/2025 Estimate the number and type of families that will benefit from the proposed activities 200 persons (youth) Location Description Citywide Planned Activities Same as description. 569 Huntington Beach 2024/25 Annual Action Plan 42 11 Project Name ADA Curb Cuts in Maintenance Zone 2 Target Area Low- and Moderate-Income Areas Goals Supported Provide Needed Infrastructure Improvements Needs Addressed Priority Infrastructure Improvements Funding CDBG: $125,000 Description Eligibility Citation: 24 CFR 570.201(c) - Public Facilities and Infrastructure Improvements/Other National Objective Citation: 24 CFR 570.208(a)(2) - Low Mod Limited Clientele Benefit Residents and visitors with disabilities utilize ADA ramps to access street intersections when traveling on city sidewalks. CDBG funds will be used to construct approximately new curb ramps and modify existing outdated ramps, at various locations in the City within Maintenance Zone 2, which has been evaluated for specific pavement and concrete improvements. Target Date 6/30/2025 Estimate the number and type of families that will benefit from the proposed activities 2,750 persons (disabled) Location Description Census tracts: 099402, 099404, 099412, and 099415 Planned Activities Same as description. 570 Huntington Beach 2024/25 Annual Action Plan 43 12 Project Name CDBG Program Administration Target Area Citywide Goals Supported Planning for Housing and Community Development Needs Addressed Other Housing and Community Development Needs Funding CDBG: $234,334 Description Eligibility Citation: 24 CFR 570.206(a) - Administration and Planning/General Program Administration National Objective Citation: Not Applicable The City will conduct the following administration/planning activities: (1) General Administration of CDBG Program, including preparation of budget, applications, certifications and agreements; (2) Coordination of CDBG-funded capital improvement projects; (3) Coordination of Public Service Subrecipients, (4) Coordination of HOME-funded housing projects; (5) Monitoring of CDBG projects/programs to ensure compliance with federal regulations; (6) Preparation of the Annual Action Plan; and (7) Preparation of the CAPER. Up to 20% of the annual CDBG entitlement is allowed for administration activities. Target Date 6/30/2025 Estimate the number and type of families that will benefit from the proposed activities Not applicable. Location Description Not applicable. Planned Activities Same as description. 571 Huntington Beach 2024/25 Annual Action Plan 44 13 Project Name HOME Program Administration Target Area Citywide Goals Supported Planning for Housing and Community Development Needs Addressed Other Housing and Community Development Needs Funding HOME: $66,837 Description Eligibility Citation: 24 CFR 92.207(a) - General Management, Oversight and Coordination National Objective Citation: Not Applicable The City of Huntington Beach Community Enhancement Division is responsible for administering the HOME program. Up to 10 percent of the HOME allocation will be used to provide for staffing and other program administration costs associated with the HOME program, including planning, reporting, monitoring, and IDIS setup and maintenance. In addition to the 2024/25 HOME Program Administration activities identified above, available 2019/20 HOME Administration funds in the amount of $168,387.41 will be allocated to additional 2024/25 administrative activities including City staff salaries, preparation of the 2025-2029 Consolidated Plan and related Analysis of Impediments to Fair Housing Choice Report, and for 2024/25 fair housing services as provided by the Fair Housing Foundation. Target Date 6/30/2025 Estimate the number and type of families that will benefit from the proposed activities Not applicable. Location Description Not applicable. Planned Activities Same as description. 572 Huntington Beach 2024/25 Annual Action Plan 45 14 Project Name Unallocated HOME Funds Target Area Citywide Goals Supported Not Applicable Needs Addressed Not Applicable Funding HOME: $301,993 Description Unallocated HOME Funds available for the development of affordable housing with a local CHDO. Target Date 6/30/2025 Estimate the number and type of families that will benefit from the proposed activities Not applicable. Location Description Citywide. Planned Activities Same as description. 573 Huntington Beach 2024/25 Annual Action Plan 46 AP-50 Geographic Distribution – 91.220(f) Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed Huntington Beach, situated in northwestern Orange County, California, is an urbanized coastal community characterized by extensive residential development. With much of the residentially designated land already developed, future residential growth primarily depends on the reuse of existing parcels and infill development. The city is bordered by Seal Beach to the northwest, Westminster to the northeast, Fountain Valley and Costa Mesa to the east, Newport Beach to the southeast, and the Pacific Ocean to the southwest. CDBG and HOME funds in Huntington Beach are allocated for projects and programs citywide, with a focus on addressing the needs of the most vulnerable neighborhoods, particularly those where 51% or more of the residents are low- or moderate-income. For Code Enforcement efforts, the city conducted a visual survey of CDBG-eligible areas to identify properties, businesses, parkways, alleys, and structures with violations. This survey identified areas within the vicinity bounded by Bolsa Chica Street to the west, Bolsa Avenue to the north, Brookhurst Street to the east, and Atlanta Avenue to the south as having significant deterioration issues. This designated area, known as the "Special Code Enforcement Target Area," encompasses several census tracts with a total population of 46,650 people. Of these residents, 32,395 individuals, or 69.44%, fall within the low- to moderate-income bracket. 574 Huntington Beach 2024/25 Annual Action Plan 47 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% 575 Huntington Beach 2024/25 Annual Action Plan 48 Geographic Distribution Target Area Percentage of Funds Low/Mod Income Areas 0% Special Code Enforcement Target Areas 9% Citywide 91% Table 10 - Geographic Distribution Rationale for the priorities for allocating investments geographically The City is committed to using CDBG funds to improve all Huntington Beach communities. Public services will reach eligible residents citywide, providing much needed services to Huntington Beach’s youth and homeless populations. Over 91% of the City’s federal budget for FY 2024/25 will be allocated to projects that provide citywide benefit. Also, alleviating blight motivates investments in the Special Code Enforcement Target Area. The Special Code Enforcement Program aims to transform the area by identifying substandard residential and commercial properties and seeing to it that code deficiencies are resolved. Nine percent of the City’s federal budget for 2024/25 will be used to fund these services. 576 Huntington Beach 2024/25 Annual Action Plan 49 AFFORDABLE HOUSING AP-55 Affordable Housing – 91.220(g) One Year Goals for the Number of Households to be Supported Homeless 30 Non-Homeless 0 Special-Needs 25 Total 55 Table 11 - One Year Goals for Affordable Housing by Support Requirement One Year Goals for the Number of Households Supported Through Rental Assistance 55 The Production of New Units 0 Rehab of Existing Units 0 Acquisition of Existing Units 0 Total 55 Table 12 - One Year Goals for Affordable Housing by Support Type In FY 2024/25, the City of Huntington Beach plans to allocate approximately $867,000 in HOME funds to support three tenant-based rental assistance programs. Families Forward and Mercy House will operate two of these programs, each aimed at assisting 15 households comprising homeless individuals, veterans, and victims of domestic violence. The third program, managed by GRC Associates, is specifically designed to aid senior residents of mobile home communities facing escalating space rent costs. Additionally, the City anticipates having an unallocated balance of approximately $301,993 in HOME funds, which it intends to allocate towards a new Community Housing Development Organization (CHDO) affordable housing project in the future. 577 Huntington Beach 2024/25 Annual Action Plan 50 AP-60 Public Housing – 91.220(h) The City of Huntington Beach does not have any public housing developments. However, it benefits from the services of the Orange County Housing Authority (OCHA), which manages Housing Choice Vouchers (Section 8) for residential units within Huntington Beach. Currently, 627 households in Huntington Beach receive Section 8 vouchers from OCHA, including 144 families, 102 disabled individuals, and 381 elderly households. Additionally, OCHA administers various other voucher programs, including 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. However, the waiting list for these programs is currently closed. Actions planned during the next year to address the needs to public housing Not applicable. Actions to encourage public housing residents to become more involved in management and participate in homeownership Not applicable. If the PHA is designated as troubled, describe the manner in which financial assistance will be provided or other assistance Not applicable. 578 Huntington Beach 2024/25 Annual Action Plan 51 AP-65 Homeless and Other Special Needs Activities – 91.220(i) 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. Once every two years, 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 U.S. Department of Housing and Urban Development (HUD) funding for homeless programs. HUD’s requirement includes a count of both sheltered and unsheltered homeless people, as well as the incidence of certain subpopulation characteristics among the homeless population. HUD requires that the PIT be conducted during the last ten days in January; and in 2024, the County of Orange and Orange County Continuum of Care conducted the sheltered count the night of Monday, January 22, 2024, and the unsheltered count starting the morning of Tuesday, January 23, 2024 through Thursday, January 25, 2024. The results of the 2024 PIT are still not available. The February 2022 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. Describe the jurisdictions one-year goals and actions for reducing and ending homelessness including Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs The City of Huntington Beach has implemented an ambitious strategy to address and ultimately end homelessness. In FY 2021/22, the City took significant steps by appointing a Deputy Director of Homelessness & Behavioral Health Services and establishing the Homeless & Behavioral Health System of Care. This comprehensive system aims to support individuals experiencing homelessness or at risk of homelessness through outreach, engagement, case management, and connecting them with essential services such as shelter, housing, and 579 Huntington Beach 2024/25 Annual Action Plan 52 behavioral health support. Although the Deputy Director’s position has evolved since February 2022, the City continues to staff and support homelessness services. The HB Cares Volunteers program is an integral part of the Homeless & Behavioral Health System in Huntington Beach, serving as the backbone of the initiative and driving positive change within the community. Since its launch in 2023, the HB CARES Program has successfully recruited and trained 18 volunteers who have undergone various training sessions, including de-escalation techniques, trauma-informed care, vicarious trauma, and Mental Health First Aid. Volunteers answer the homeless outreach line daily and return calls, so those in need have a streamlined means of communication with our outreach team. Further, a licensed Marriage and Family Therapist started in December 2023 and assisted with 8 Disabling Condition Assessments. The therapist will continue to support mental health services on an as-needed basis. The Homeless & Behavioral Health System also incorporates homeless outreach social workers who actively engage with unhoused and at-risk of being unhoused individuals, families, veterans, and seniors. Social workers offer support by linking individuals to resources, service providers, and aiding in securing necessary documents for County of Orange housing programs. They maintain close collaboration with local and county shelters, including the Huntington Beach Navigation Center, while also partnering with crisis response teams like Be Well to provide comprehensive assistance and support to those in need. Working in collaboration with Homeless Task Force officers, they ensure that individuals receive the necessary care and resources to address their unique situations effectively. Be Well OC in Huntington Beach (BWOC) is another component of the Homeless & Behavioral Health System. BWOC employs a Mobile Crisis Response Team composed of two Crisis Interventionists who drive to locations and provide in-community assessment and stabilization services. The teams are well-trained and experienced in providing appropriate information, referrals, transportation to services, and additional follow-up support and case management - to help address mental health related situations. In FY 2024/25, the City's CDBG Program will also continue its support for outreach and assessment of homeless individuals through the StandUp for Kids Street Outreach Program. StandUp for Kids is an organization dedicated to serving homeless and at-risk youth aged 12 to 24 in Huntington Beach. Their Street Outreach program involves volunteer staff actively scouting the streets to identify and assist youth who are unsheltered or unstably housed. The program also offers essential services such as food, clothing, hygiene items, and survival kits to homeless youth. Additionally, the program offers medical assistance and compassionate 580 Huntington Beach 2024/25 Annual Action Plan 53 mentoring to help these individuals transition from life on the streets to a stable and promising future. In FY 2024/25, StandUp for Kids aims to assist 35 youth with the allocated CDBG funding of $23,000. In FY 2024/25, Robyne’s Nest will continue its crucial role in supporting homeless youth in Huntington Beach by assessing their needs and assisting them in becoming stable and productive citizens. This program identifies homeless youth and evaluates their individual needs, working with them to develop personalized plans for stability and success. They provide a wide range of services to homeless youth, including academic support, financial guidance, and life skills development. The program offers assistance with housing resources, basic needs such as food and clothing, and educational support such as tutoring, providing Chromebooks, school supplies, and covering fees. Additionally, Robyne’s Nest offers comprehensive support for the health and well-being of these youth, including counseling, therapy, mentoring, and life skills classes. With an allocation of $50,000 in FY 2024/25, Robyne’s Nest aims to assist 40 homeless youth. The third program that will be funded with CDBG is the Project Hope Alliance. With an allocation of $37,500 in FY 2024/25, this program will assess the needs of approximately 150 homeless youth on school campuses. Participants are provided customized, wraparound support from case managers who are available for their students 24 hours a day, which allows the PHA team to create meaningful relationships and be available to address unexpected and emergent needs or crises. PHA will commit 4 case managers to work wi th students experiencing homelessness, providing intensive, individualized, and long-term care that includes resources for academic guidance, social-emotional mentorship, transportation, technology, basic needs, and external referrals for additional needs. Addressing the emergency shelter and transitional housing needs of homeless persons In addressing the emergency shelter and transitional housing needs of homeless persons, the City of Huntington Beach developed the Navigation Center at 17642 Beach Boulevard which opened its doors in December 2020. The Center can shelter up to 174 adults and couples with ties to Huntington Beach. The Center, operated by Mercy House, provides access to vital services that will help individuals experiencing homelessness on the path towards housing security. In FY 2021/22, the City of Huntington Beach collaborated with various governmental and non- profit organizations to initiate the HB Oasis project, a significant endeavor aimed at addressing homelessness in the region. Through partnerships with the State of California 581 Huntington Beach 2024/25 Annual Action Plan 54 Homekey Program, the County of Orange, National CORE, and American Family Housing, the City facilitated the acquisition and rehabilitation of the former Quality Inn & Suites motel located at 17251 Beach Boulevard, Huntington Beach. HB Oasis currently serves as interim housing for up to 62 adult individuals and households experiencing homelessness in Orange County's Central Service Planning Area. Beyond providing transitional housing, HB Oasis offers comprehensive property management and residential support services tailored to meet the diverse and complex needs of its residents. The project is committed to delivering trauma-informed and evidence-based interim operations, with a focus on empowering participants and facilitating their reintegration into the community through robust case management and linkages to permanent housing solutions. The City's substantial contribution of $1,804,704 in HOME-ARP funds will primarily support the provision of supportive services during Year 5 of the project. In May 2024, the HB Oasis project will transition to permanent supportive housing, including the reconstruction of the individual units to install kitchenettes and the use of project-based vouchers. When this occurs, the $1,804,704 in HOME-ARP funds will be reallocated to the Navigation Center to cover eligible operating costs. 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 will focus on the development of sustainable and effective programming, including: applying for short and long-term available funding; partnerships with experienced service providers capable of leveraging other funding; the ability to create or secure affordable housing; perform homeless case management; and engage the homeless through a street outreach component in order to better connect them to available services. The City’s goal is to expand on current homeless programs and activities to assist with their successful transition toward self-sufficiency. The conversion of the former Quality Inn Hotel into transitional housing/non-congregate shelter known as Huntington Beach Oasis exemplifies the City's commitment to providing wraparound supportive services aimed at assisting individuals in transitioning to permanent 582 Huntington Beach 2024/25 Annual Action Plan 55 housing and achieving self-sufficiency. Services offered at Huntington Beach Oasis address a wide range of issues including mental and physical health, substance use, trauma, employment, and contact with the criminal justice system. Additionally, the City is in the planning stages of repurposing the Navigation Center property into a permanent navigation center and affordable housing development project in FY 2024/25, potentially providing affordable housing paired with supportive services to chronically homeless individuals. Updates on this initiative will be available on the Navigation Center's website. Furthermore, the City will continue its Tenant Based Rental Assistance Program in FY 2024/25, providing rental assistance to homeless, senior, Veteran, and family households in need. This program, administered through partnerships with organizations like Families Forward, Mercy House, and GRC Associates, has been instrumental in preventing homelessness for hundreds of households in Huntington Beach since its inception in 2014. Through these concerted efforts and ongoing initiatives, the City of Huntington Beach remains dedicated to supporting its homeless population and working towards the goal of ending homelessness in the community. Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: 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); or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs. In its efforts to prevent homelessness and support at-risk populations, Huntington Beach actively participates in the Orange County Continuum of Care System, which offers assistance to individuals and families who are at risk of homelessness. This collaboration enables the City to leverage resources and access support services for those in need. Furthermore, Huntington Beach has demonstrated a commitment to providing rental assistance to families facing housing instability. In FY 2024/25, the City will allocate a total of $866,901 in HOME funding to organizations such as Mercy House, Families Forward, and the Mobile Home Tenant-Based Rental Assistance programs. These programs target income- eligible households, including those experiencing homelessness, at risk of homelessness, veterans, victims of domestic violence, and mobile homeowners. Through these efforts, a 583 Huntington Beach 2024/25 Annual Action Plan 56 total of 55 households are expected to receive assistance in FY 2024/25. While the City does not receive Emergency Solutions Grants (ESG) or Housing Opportunities for Persons with AIDS (HOPWA) funding, it remains proactive in addressing discharge coordination policies. Collaborating with the Orange County Housing Authority and the Continuum of Care Homeless Issues Task Force, the City seeks to ensure smooth transitions for individuals leaving emergency shelters or transitional housing programs, thereby promoting housing stability within the community. 584 Huntington Beach 2024/25 Annual Action Plan 57 AP-75 Barriers to Affordable Housing – 91.220(j) – Huntington Beach has demonstrated a strong commitment to supporting affordable housing through various measures, including updates to its zoning ordinance and direct financial assistance to affordable housing projects. In late 2021, the City conducted public meetings to revise its Affordable Housing ordinance to better align with community needs and legal requirements. These updates aimed to provide compliance options with the law, implement Housing Element programs, and adjust in-lieu fees and methodology to reflect current market conditions. Despite funding constraints resulting from the loss of Redevelopment Housing Funds, which previously generated approximately $3 million annually for housing activities, the City remains dedicated to developing affordable housing. However, one of the primary challenges faced by Huntington Beach in this regard is the scarcity of vacant land suitable for residential development. Much of the underdeveloped residentially zoned land is owned by separate owners, making lot consolidation and the demolition of existing structures necessary to accommodate higher density infill development. To address this challenge, the City has adopted alternative policy tools, such as the Amended Downtown and Beach and Edinger Corridors Specific Plans. These plans provide opportunities for high-density mixed-use and residential infill development, facilitating the creation of affordable housing units within the community. Through continued collaboration and innovative approaches, Huntington Beach aims to overcome barriers and enhance the availability of affordable housing for its residents. Actions it planned 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 nonprofit affordable housing developers. These efforts also include working with neighborhood residents to ensure affordable housing projects are acceptable. Ongoing monitoring of “for sale” 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. 585 Huntington Beach 2024/25 Annual Action Plan 58 Also, City staff is continuing 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 policies 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 Schedule of Action: 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. The City’s 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 Schedule of Action: Begin outreach to property owners in the first year of the planning period and continue ongoing outreach to property owners one year prior to affordability contract expiration. Staff will also continue the ongoing identification of qualified entities to acquire and manage preserved affordable units. And finally, staff will utilize funding sources such as HOME, Section 8, Permanent Local Housing Allocation (PLHA), Housing Trust Fund, available federal, state, and local financing subsidy programs to preserve assisted rental housing. Program 1E. Housing Authority Rental Assistance Schedule of Action: 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 586 Huntington Beach 2024/25 Annual Action Plan 59 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 Schedule of Action: Continue the TBRA program with qualified service providers and assist 200 households during the eight-year planning period. Program 1G. Mobile Home Park Preservation Schedule of Action: Implement the Mobile Home Park Conversion Ordinance as a means of preserving mobile home parks as long-term housing in the community. For residents/tenants interested in purchasing their park space, provide information on available State Mobilehome Park Rehabilitation and Resident Ownership Program (MPRROP) funding and assist with the subdivision map waiver process consistent with the Subdivision Map Act. Program 2A. Adequate Sites Schedule of Action: Continually monitor candidate housing sites and overall development within the City to ensure overall development capacity is maintained via 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 rezone additional sites to accommodate the shortfall. Program 2B. Establish Affordable Housing Overlay Zone Schedule of Action: Implement the development standards and regulations related to the Affordable Housing Overlay. Program 2C. Replacement Housing Schedule of Action: The City will adopt replacement housing requirements within two years of Housing Element adoption to ensure the replacement of any existing units occupied by lower income households or households subject to affordability requirements in the last five years that are demolished to construct new housing units. Program 2D. Actively Promote, Encourage, and Facilitate the Development of Accessory Dwelling Units Schedule of action: The City will support and accommodate the construction of ADU’s and will continue outreach and website updates, and will continue ongoing analysis of additional incentives to reflect market needs. Staff will also monitor ongoing Zoning Code updates as changes in legislation occur. 587 Huntington Beach 2024/25 Annual Action Plan 60 Program 2E. ADU Monitoring Program Schedule of Action: Create a monitoring program to track ADU and JADU development and affordability levels utilizing SCAG’s HCD certified pre-approved affordability assumptions throughout the planning peri. Review ADU and JADU development progress annually to ensure production estimates are achieved. If the City finds they are not meeting proportionate ADU development, the City will determine if this creates a shortfall in remaining capacity to meet RHNA. If this is the case, the City will take the required actions needed to supplement the shortfall in capacity within the required 180 days. Program 2F. Candidate Sites Identified in Previous Housing Elements Schedule of Action: The City will identify candidate housing sites within the sites inventory which may be subject to by right provisions if certain criteria are met and the development provides at least 20% of the proposed units affordable to lower income households concurrently with implementation of the overall rezoning program. Program 3A. Affordable Housing Program and Housing Trust Fund Schedule of Action: 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 Schedule of Action: Ongoing monitoring and adjustments to fees, development standards, incentives, and development review processes, where legally and financially feasible, to ensure such requirements do not unduly constrain housing development. Incorporate these revisions as part of the first Zoning Code Maintenance amendment by December 2025 and the second Zoning Code Maintenance amendment by June 2029. 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. Program 3C. Residential Development on City Owned Property Schedule of Action: The City will evaluate the feasibility of rezoning City owned properties for future residential development and present this information to the City Council. 588 Huntington Beach 2024/25 Annual Action Plan 61 AP-85 Other Actions – 91.220(k) Actions planned 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 will continue to seek other resources and funding sources to address the biggest obstacle to meeting the community's underserved needs, which is the lack of funding and/or inadequate funding. The City will look for innovative and creative ways to make its delivery systems more comprehensive and will continue existing partnerships with both for-profit and not- for-profit organizations. The City will use HOME and CDBG funds to concentrate on both affordable rental housing, tenant-based rental housing, and homeowner rehabilitation programs. The City is currently addressing certain housing needs with federal funds, such as availability, condition, and fair housing practices to prevent homelessness. The City is also addressing community development needs with federal funds, such as infrastructure, improving public facilities and code enforcement. The City is working with surrounding jurisdictions on a regional approach to meeting the underserved needs. Actions planned to foster and maintain affordable housing The City’s Consolidated Plan has identified the preservation of existing, and the creation of new, affordable housing as an implementing goal during the 2020/21 – 2024/25 timeframe. The City will continue to maintain the Affordable Housing Viewer on its website to allow the public to view where affordable housing units are located in the City. The City will continue to offer funding to tenant based rental assistance programs in Huntington Beach through a combination of CDBG and HOME funds. In FY 2024/25, the City will allocate $210,078 in CDBG and nearly $866,901 in HOME funds to assist 55 households with rental assistance. The City will offer rental assistance to both eligible Huntington Beach renters, as well as to senior mobile home residents to help with increasing space rents in 589 Huntington Beach 2024/25 Annual Action Plan 62 Huntington Beach’s mobile home park communities. The City also awarded $2.8 million in HOME funding to the development of a new affordable senior permanent supportive housing (PSH) project. The City partnered with a local community housing development organization, or CHDO, Jamboree Housing Corporation to develop 43 units of senior housing at 18431 Beach Boulevard. Of the 43 units, nine will be HOME-restricted. The project will be completed in FY 2024/25. Furthermore, the City will continue its residential rehabilitation programs available to Huntington Beach homeowners. The first program offers a one-time grant of up to $10,000 to eligible lower income homeowners to make emergency and health or safety-related household modifications. The second program offers a loan of up to $75,000 with an interest rate of 3% for single family home and multifamily rental housing improvements. Collectively, the City is proposing to assist eight lower-income households with rehabilitation assistance in FY 2024/25. Lastly, to supplement the cost of the City’s effort to update the streamlining process of affordable housing, the City may be awarded an SB 2 Planning Grant Program grant funds from the California Department of Housing and Community Development once the 2021-2029 Housing Element is certified. Huntington Beach is slated to receive approximately $550,000 per year to leverage CDBG and HOME funds in the areas of affordable housing and homelessness. Actions planned 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 Residential Rehabilitation Program and the Acquisition/Rehabilitation of 590 Huntington Beach 2024/25 Annual Action Plan 63 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 planned to reduce the number of poverty-level families The City’s major objectives in reducing poverty within Huntington Beach are to: Reduce the number of families on welfare; Reduce the number of families needing housing subsidies; and Increase economic opportunities for low- and moderate-income persons. 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 three Business Improvement Districts, and its Economic Development Strategy. The City’s Economic Development and Housing Division strives to ensure the public is made aware of any economic development opportunities that can be found via the City’s official website and on www.hbbiz.com , also maintained by the City. In terms of employment training and supportive services, the City supports literacy programs for families (Oakview Family Literacy Program) with General Funds that help enhance the employability of low-income persons with deficient English speaking, reading, and writing skills. As funding permits, the City will continue to support the following public services to increase family stability for lower income households: 591 Huntington Beach 2024/25 Annual Action Plan 64 Counseling Domestic Violence Prevention Services Provision of food Substance Abuse Services Job Training Lastly, the City of Huntington Beach supports a variety of economic development activities listed in the June 2017 Economic Development Implementation Plan , including retention and creation of the job base, and proactivity attracting new business, industries, jobs, and investment to Huntington Beach. The City will fully comply 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 planned to develop institutional structure The City of Huntington Beach’s Community Enhancement Division plays a central role in administering HUD grants, particularly CDBG and HOME funds. They are responsible for the overall administration of HUD grants, including preparing key documents such as the Consolidated Plan, Analysis of Impediments to Fair Housing Choice, Annual Action Plan, and Consolidated Annual Performance and Evaluation Report (CAPER). These documents are essential for outlining the City's priorities, strategies, and outcomes related to housing and community development. While the City's existing delivery system provides important oversight and coordination, the Community Enhancement Division also collaborates with external partners to enhance service delivery. This includes working with the Homeless & Behavioral Health Division, Mercy House, and development teams such as American Family Housing, National Core, and the County of Orange to address homelessness and create affordable housing. This coordinated approach ensures that resources are effectively leveraged and services are tailored to meet the needs of the community. Further, the City actively engages with a wide range of stakeholders, including non-profit agencies, for-profit developers, advocacy groups, neighborhood leadership groups, and the 592 Huntington Beach 2024/25 Annual Action Plan 65 private sector, to implement its five-year strategy outlined in the Consolidated Plan. This collaborative effort ensures that the priorities and needs of low- to moderate-income residents are addressed comprehensively and effectively. The City utilizes various channels such as public notices, community workshops, the City's website, and other forms of media to disseminate information and gather input on carrying out the strategies outlined in the Consolidated Plan. Actions planned 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 has 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 include, but are not limited to: the Huntington Beach Police Department, Library Services, Community Services, and Public Works Departments; Habitat for Humanity, Interval House, Mercy House, Families Forward, Colette’s Children’s Home, AMCAL, Orange County Community Housing Corporation, Jamboree Housing, National CORE, Community SeniorServ, AIDS Services Foundation, Project Self Sufficiency, Alzheimer’s Family Services, StandUp for Kids, Robyne’s Nest, Project Hope Alliance, the Fair Housing Foundation, the Orange County Housing Authority, 2-1-1 Orange County, and OC Community Services (Orange County Continuum of Care). During FY 2024/25, the City will continue to develop these partnerships. 593 Huntington Beach 2024/25 Annual Action Plan 66 PROGRAM SPECIFIC REQUIREMENTS AP-90 Program Specific Requirements – 91.220(l) (1,2,4) The City of Huntington Beach participates in HUD's CDBG Program that is used for creating decent affordable housing, suitable living environments, and economic opportunities. The program year (2024/25) will begin on July 1, 2024. The FY 2024/25 CDBG allocation of and estimated $1,171,668 will be used to implement CDBG projects and programs during the program year. Community Development Block Grant Program (CDBG) Reference 24 CFR 91.220(l)(1) Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out. 1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed $0 2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan $0 3. The amount of surplus funds from urban renewal settlements $0 4.The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan. $0 5. The amount of income from float-funded activities $0 Total Program Income $0 Other CDBG Requirements 1. The amount of urgent need activities $0 594 Huntington Beach 2024/25 Annual Action Plan 67 HOME Investment Partnership Program (HOME) Reference 24 CFR 91.220(l)(2) The City of Huntington Beach participates in HUD’s HOME Program that can be used to promote affordable housing in the City through activities such as rental housing development and tenant-based rental assistance. The 2024/25 Program Year will commence on July 1, 2024. The FY 2024/25 HOME allocation is estimated to be $668,370. 1.A description of other forms of investment being used beyond those identified in Section 92.205 is as follows: The City will provide grants, interest-bearing and non-interest-bearing deferred payment loans or residual receipts loans permitted under 24 CFR 92.206 (b) (1). The City will not institute other forms of investment forms not described in the aforementioned section nor provide loan guarantees described under 24 CFR 92.206 (b) (21). 2.A description of the guidelines that will be used for resale or recapture of HOME funds when used for homebuyer activities as required in 92.254, is as follows: The City is not administering a homebuyer program with CDBG or HOME funds as part of its 2024/25 Annual Action Plan. The Annual Plan, therefore, does not describe resale or recapture guidelines as required in 92.254. 3.A description of the guidelines for resale or recapture that ensures the affordability of units acquired with HOME funds? See 24 CFR 92.254(a)(4) are as follows: The City is not administering a homebuyer program with CDBG or HOME funds as part of its 2024/25 Annual Action Plan. The Annual Plan, therefore, does not describe resale or recapture guidelines that ensure the affordability of units acquired with HOME funds as required in 92.254 (a)(4). 4.Plans for using HOME funds to refinance existing debt secured by multifamily housing that is rehabilitated with HOME funds along with a description of the refinancing guidelines required that will be used under 24 CFR 92.206(b), are as follows: The City is not proposing to use HOME funds to refinance existing debt secured by multifamily housing rehabilitated with HOME funds. Thus, since the City does not propose to undertake refinancing, the City is not required to discuss its financing guidelines required under 24 CFR 92.206(b). 595 City Council Public Hearing on the 2024-25 Annual Action Plan 596 c::(11:JG; COMMUNITY DEVELOPMENT BLOCI< GRANT Background The U.S. Department of Housing and Urban Development (HUD) provides annual entitlement grants to the City. •Community Development Block Grant (CDBG) •HOME Investment Partnerships (HOME) On March 19, City Council and CPAB held a joint study session to review funding recommendations. 597 c::()IJGi COMMUNITY DEVELOPMENT BLOCK GRANT Background CDBG and HOME funding recommendations are included in the 2024-25 Annual Action Plan, which is the City’s program budget for HUD. An English and Spanish version of the public hearing notice was published in The Wave and La Opinion on April 4, starting the 30-day public review period for the Annual Action Plan from April 4 to May 5. The Annual Action Plan must be submitted to HUD by May 15. 598 c::()IJGi COMMUNITY DEVELOPMENT BLOCK GRANT 2024-25 FUNDING CDBG HOME TOTAL Public Services $175,750 N/A $175,750 Capital & Housing Preservation Projects $854,597 $1,168,894 $2,023,491 Administration $234,334 $66,837 $301,171 Total Grant Amount $1,264,681 $1,235,731 $2,500,412 599 c::()IJGi COMMUNITY DEVELOPMENT BLOCK GRANT CDBG Public Services Requested Funding Funding Recommendation Boys & Girls Club (Children’s Bureau)$85,000 $65,250 Project Hope Alliance $50,000 $37,500 Robyne’s Nest $75,000 $50,000 StandUp for Kids OC $35,337 $23,000 TOTAL $245,337 $175,750 Remaining Funds to Allocate = $0 600 c::()IJGi COMMUNITY DEVELOPMENT BLOCK GRANT CDBG CAPITAL & HOUSING PRESERVATION PROJECTS Requested Funding Funding Recommendation Tenant Based Rental Assistance (TBRA) Program Administration $210,078 $210,078 Housing Rehabilitation Loan Program $287,000 $287,000 Special Code Enforcement $232,519 $232,519 ADA Curb Cuts/Ramps – Zone 2 $125,000 $125,000 TOTAL $854,597 $854,597 Remaining Funds to Allocate = $0 601 c::()IJGi COMMUNITY DEVELOPMENT BLOCK GRANT CDBG ADMINISTRATION Requested Funding Funding Recommendation CDBG Administration $234,334 $234,334 TOTAL $234,334 $234,334 Remaining Funds to Allocate = $0 602 c::()IJGi COMMUNITY DEVELOPMENT BLOCK GRANT HOME ALLOCATIONS Requested Funding Funding Recommendation Families Forward TBRA $200,000 $200,000 Mercy House TBRA $200,000 $200,000 Senior Mobile Home TBRA $466,901 $466,901 CHDO Reserve $301,993 $301,993 HOME Administration $66,837 $66,837 TOTAL $1,235,731 $1,235,731 Remaining Funds to Allocate = $0 603 c::()IJGi COMMUNITY DEVELOPMENT BLOCK GRANT $172,193 Available to Allocate Requested Funding Funding Recommendation Salaries $60,000 $60,000 Fair Housing Foundation $35,000 $35,000 2025-29 Consolidated Plan $60,000 $60,000 2025-29 AI to Fair Housing $17,193 $17,193 TOTAL $172,193 $172,193 Remaining Funds to Allocate = $0 Available Carryover HOME Admin 604 c::()IJGi COMMUNITY DEVELOPMENT BLOCK GRANT Recommendation •Adopt Resolution No. 2024-17 approving the 2024-25 Annual Action Plan for CDBG and HOME Programs 605 c::()IJGi COMMUNITY DEVELOPMENT BLOCK GRANT Questions? 606 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:24-299 MEETING DATE:5/7/2024 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Eric G. Parra, Interim City Manager VIA:Jennifer Villasenor, Acting Director of Community Development PREPARED BY:Joanna Cortez, Principal Planner Subject: Approve Zoning Text Amendment No. 23-002 (Zoning Update) by approving for introduction Ordinance Nos. 4307, 4308, 4309, 4310, 4311, 4312, 4313, 4314 and Resolution No. 2024-22; and, Approve for introduction Ordinance No. 4322 amending Title 3 of the Huntington Beach Municipal Code (HBMC) titled Revenue and Finance Statement of Issue: Transmitted for City Council’s consideration is Zoning Text Amendment No. 23-002, a City-initiated request to amend eight chapters of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) to update definitions and processes, provide clarification by codifying existing policies and code interpretations, and introduce a process for space efficient parking such as mechanical parking lifts. The request also amends the Beach and Edinger Corridors Specific Plan (BECSP) to update the process and provide clarification for street improvements within the specific plan. The Planning Commission and staff recommend approval of the request. The request also includes amending the Huntington Beach Municipal Code (HBMC) to incorporate language related to Joint Exercise of Power Agreements for middle-income housing developments. Financial Impact: Not Applicable Recommended Action: A) Find Zoning Text Amendment No. 23-002 exempt from the California Environmental Quality Act (CEQA) pursuant to City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act because the request is a minor amendment to the zoning ordinance that does not change the development standards intensity or density and in accordance with the BECSP Program Environmental Impact Report No. 08-008 certified by the Planning Commission on December 8, 2009. Pursuant to CEQA Guidelines Section 15162 and 15163, no subsequent EIR or supplement to the EIR need be prepared for this ZTA and no further environmental review or documentation is required; B) Approve Zoning Text Amendment No. 23-002 with findings (Attachment No. 1) and approve forCity of Huntington Beach Printed on 5/1/2024Page 1 of 5 powered by Legistar™607 File #:24-299 MEETING DATE:5/7/2024 B) Approve Zoning Text Amendment No. 23-002 with findings (Attachment No. 1) and approve for introduction: 1. Ordinance No. 4307, “An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 203 Definitions of the Huntington Beach Zoning and Subdivision Ordinance (Zoning Text Amendment No. 23-002)”; (Attachment No.2) 2. Ordinance No. 4308, “An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 210 Residential Districts of the Huntington Beach Zoning and Subdivision Ordinance (Zoning Text Amendment No. 23-002)”; (Attachment No. 3) 3. Ordinance No. 4309, “An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 211 C Commercial Districts of the Huntington Beach Zoning and Subdivision Ordinance (Zoning Text Amendment No. 23-002)”; (Attachment No. 4) 4. Ordinance No. 4310, “An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 212 I Industrial Districts of the Huntington Beach Zoning and Subdivision Ordinance (Zoning Text Amendment No. 23-002)”; (Attachment No. 5) 5. Ordinance No. 4311, “An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 218 M Mixed Use-Transit Center District of the Huntington Beach Zoning and Subdivision Ordinance (Zoning Text Amendment No. 23-002)”; (Attachment No. 6) 6. Ordinance No. 4312, “An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 230 Site Standards of the Huntington Beach Zoning Code and Subdivision Ordinance (Zoning Text Amendment No. 23-002)”; (Attachment No. 7) 7. Ordinance No. 4313, “An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 231 Off-Street Parking and Loading Provisions of the Huntington Beach Zoning and Subdivision Ordinance (Zoning Text Amendment No. 23-002)”; (Attachment No. 8) 8. Ordinance No. 4314, “An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 241 Conditional Use Permits and Variances - Temporary Use Permits- Waiver of Development Standards of the Huntington Beach Zoning and Subdivision Ordinance (Zoning Text Amendment No. 23-002)”; (Attachment No. 9) 9. Resolution No. 2024-22, “A Resolution of the City Council of the City of Huntington Beach Approving an Amendment to the Beach and Edinger Corridors Specific Plan (SP 14) (Zoning Text Amendment No. 23-002)”; (Attachment No. 10) and C) Find the Municipal Code Amendment exempt from the California Environmental Quality Act Approve Municipal Code Amendment and approve for introduction: Ordinance No. 4322, “An Ordinance of the City Council of the City of Huntington Beach Amending the Huntington Beach Municipal Code by Adding New Chapter 3.60 Entitled “Joint Exercise of Power Agreements.” (Attach ment No. 11) Alternative Action(s): The City Council may make the following alternative motions: City of Huntington Beach Printed on 5/1/2024Page 2 of 5 powered by Legistar™608 File #:24-299 MEETING DATE:5/7/2024 1. Do not approve Zoning Text Amendment No. 23-002 and/or municipal code amendment. 2. Continue Zoning Text Amendment No. 23-002 and/or municipal code amendment and direct staff accordingly. Analysis: A.PROJECT PROPOSAL: ZTA No. 23-002 represents a request to amend and update certain sections of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) as well as the Beach and Edinger Corridors Specific Plan (BECSP) to update definitions and processes, codify existing policies and code interpretations, introduce a process for space efficient parking, and update the process for street improvements within the specific plan. B.BACKGROUND: The purpose of this update is an ongoing effort to address common clarifications and issues that arise through the day-to-day operations and interactions of staff, residents, and business owners. In some cases, it can be as simple as clarifying a definition; in other cases, proposed amendments address emerging technologies which are not contemplated under the current zoning code. In the case of the BECSP update, the proposed amendment will provide certainty for street improvement requirements to property and businesses owners on Beach Boulevard. C.PLANNING COMMISSION MEETING AND RECOMMENDATION: On March 26, 2024, the Planning Commission held a public hearing on the ZTA. There were no speakers on the item. Only one comment was received prior to the public hearing and it is addressed in the Planning Commission staff report (Attachment No. 12). The Planning Commission recommended approval of the request to the City Council. Planning Commission Action on March 26, 2024: A motion was made by Adam, seconded by Rodriguez, to recommend to the City Council approval of ZTA No. 23-002 carried by the following vote: AYES: Adam, Rodriguez, Pellman, Kennedy, Twining, Wood, Acosta-Galvan NOES: None ABSTAIN: None ABSENT: None MOTION PASSED D.STAFF ANALYSIS: The March 26, 2024, Planning Commission staff report provides a more detailed description and analysis of the proposed ZTA (Attachment No. 12). In summary, staff and the Planning Commission recommend approval of ZTA No. 23-002 based on the following reasons: 1. It is consistent with general land uses, programs, goals, and policies of the General Plan. 2. It cleans up the HBZSO and BECSP to improve clarity, address deficiencies, and maintain currency. It also codifies existing policies and code interpretations and allows select City of Huntington Beach Printed on 5/1/2024Page 3 of 5 powered by Legistar™609 File #:24-299 MEETING DATE:5/7/2024 entitlement requests to be permitted by right. 3. It ultimately results in better customer service by providing clear requirements as well as prompt and cost-effective review process. E.MUNICIPAL CODE AMENDMENT: The proposed amendment to the HBMC would require approval of a majority vote of the City Council in addition to a majority vote of the electors voting in a general or special election on a proposition to enter into a Joint Powers Agreement for middle income housing development projects. In July 2021, the City approved a Middle Income Housing Program, which created 649 middle income housing units at the Elan and Breakwater multi-family rental developments. The properties were acquired through a Joint Powers Authority with tax exempt bonds. Funding for the program required the City to forgo property tax revenue for up to a 30-year period while the City’s financial benefits would come from the net proceeds after payoff of the bonds anytime between years 15 and 30. The issue regarding whether the City should be able to approve these types of programs without a vote of the people was raised by Council Member McKeon and considered by the City Council during the special City Council meetings on Charter amendments in September 2023. The City Council discussed the recommended Charter language and the potential to address the issue through an ordinance rather than a Charter amendment. Ultimately, Council Member McKeon withdrew the item as a recommended Charter amendment and suggested staff bring an ordinance forward for City Council consideration with general Council consensus on the direction. As such, the proposed ordinance (Attachment No. 11) would require a vote of the people if the City were to approve another Middle Income Housing Program with the same funding structure unless otherwise amended or repealed by the City Council. Environmental Status: ZTA No. 23-002 is categorically exempt pursuant to City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act because the request is a minor amendment to the zoning ordinance that does not change the development standards intensity or density. Additionally, the text amendment to the BECSP is within the scope of the BECSP Program Environmental Impact Report No. 08-008 certified by the Planning Commission on December 8, 2009. In accordance with CEQA Guidelines Section 15162 and 15163, no subsequent EIR or supplement to the EIR need be prepared for this ZTA and no further environmental review or documentation is required.Lastly, the proposed amendment to the HBMC is exempt from CEQA pursuant to Section 15061(b)(3), which exempts projects where it can be seen with certainty that t here is no possibility that the activity in question may have a significant effect on the environment . Strategic Plan Goal: Goal 5 - Housing, Strategy A - Take action to maintain local control of land-use planning. The proposed amendment will result in better customer service by maintaining local control in certain land-use review processes. City of Huntington Beach Printed on 5/1/2024Page 4 of 5 powered by Legistar™610 File #:24-299 MEETING DATE:5/7/2024 Attachment(s): 1. Suggested Findings of Approval - ZTA No. 23-002 2. HBZSO Chapter 203 (Definitions) Draft Ordinance No. 4307 and Legislative Draft 3. HBZSO Chapter 210 (Residential Districts) Draft Ordinance No. 4308 and Legislative Draft 4. HBZSO Chapter 211 (C Commercial Districts) Draft Ordinance No. 4309 and Legislative Draft 5. HBZSO Chapter 212 (I Industrial Districts) Draft Ordinance No. 4310 and Legislative Draft 6. HBZSO Chapter 218 (M Mixed-Use Transit Center District) Draft Ordinance No. 4311 and Legislative Draft 7. HBZSO Chapter 230 (Site Standard) Draft Ordinance No. 4312 and Legislative Draft 8. HBZSO Chapter 231 (Off-Street Parking and Loading Provisions) Draft Ordinance No. 4313 and Legislative Draft 9. HBZSO Chapter 241 (Conditional Use Permits and Variances - Temporary Use Permits - Waiver of Development Standards) Draft Ordinance No. 4314 and Legislative Draft 10.BECSP Section 2.5 (Street Regulations) Draft Resolution No. 2024-22 and Legislative Draft 11.HBMC Chapter 3.60 Draft Ordinance No. 4322 12.March 26, 2024, Planning Commission Staff Report 13.HBZSO & BECSP Update Matrix of Changes 14.PowerPoint Presentation City of Huntington Beach Printed on 5/1/2024Page 5 of 5 powered by Legistar™611 ATTACHMENT NO. 1 SUGGESTED FINDINGS OF APPROVAL ZONING TEXT AMENDMENT NO. 23-002 SUGGESTED FINDINGS FOR PROJECTS EXEMPT FROM CEQA: Zoning Text Amendment (ZTA) No. 23-002 is categorically exempt pursuant to City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act because the request is a minor amendment to the zoning ordinance that does not change the development standards intensity or density. Additionally, the text amendment to the BECSP is within the scope of the BECSP Program Environmental Impact Report No. 08-008 certified by the Planning Commission on December 8, 2009. In accordance with CEQA Guidelines Section 15162 and 15163, no subsequent EIR or supplement to the EIR need be prepared for this ZTA and no further environmental review or documentation is required. SUGGESTED FINDINGS FOR APPROVAL - ZONING TEXT AMENDMENT NO. 23-002: 1. Zoning Text Amendment No. 23-002 is to amend eight chapters of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) to update definitions and processes, provide clarification by codifying existing policies and code interpretations, and introduce a process for space efficient parking such as mechanical parking lifts. The chapters to be amended are Chapter 203 (Definitions), Chapter 210 (Residential Districts), Chapter 211 (C Commercial Districts), Chapter 212 (I Industrial Districts), Chapter 218 (M Mixed-Use Transit Center District), Chapter 230 (Site Standards), Chapter 231 (Off-Street Parking and Loading Provisions), and Chapter 241 (Conditional Use Permits and Variances – Temporary Use Permits-Waiver of Development Standards). Additionally, the ZTA includes amending Section 2.5: Street Regulations of the Beach and Edinger Corridors Specific Plan (BECSP) to update the process and provide clarification for street improvements within the specific plan. The proposed zoning text amendment is consistent with the goals and policies of the City’s General Plan including: Land Use Element: Goal LU-1 – New commercial, industrial, and residential development is coordinated to ensure that the land use pattern is consist with the overall goals and needs of the community. Policy LU-1(D) – Ensure that new development projects are of compatible proportion, scale, and character to complement adjoining uses. Policy LU-4 (D): Ensure that single-family residences are of compatible proportion scale and character to surrounding neighborhoods. Goal LU-11 – Commercial land uses provide goods and services to meet regional and local needs. Goal LU-13 – The city provides opportunities for new businesses and employees to ensure a high quality of life and thriving industry. 612 Housing Element: Policy 1.4 – Encourage resident involvement in identifying and addressing maintenance of housing in their neighborhoods. Policy 4.3 – Explore continued improvements to the entitlement process to streamline and coordinate the processing of permits, design review and environmental clearance. The proposed ZTA will allow the City to process new development requests with greater clarity and in a timely manner. The proposed amendments will refine the process for common maintenance improvements for residential properties such as perimeter fencing and accessory structures while ensuring that improvements are done in a manner that is compatible in proportion, scale, and character with surrounding uses. The proposed standards for fences/walls will allow residential applicants different design options for permit approval that will provide greater privacy, compatibility with existing neighborhood fences/walls, and with reduced permitting timelines. Providing additional guidance for accessory structures, such as patio covers, will empower property owners to confidently design these structures in a manner that will comply with code and reduce plan check revisions. The introduction of space efficient parking standards in the form of mechanical stackers/lifts will provide additional parking design options for commercial and industrial uses. These standards could provide opportunities for new businesses to move into constrained sites and still provide required on-site parking. The proposed standards will allow this use to be designed in a manner consistent with existing parking standards. Development standards have been added to protect sensitive uses such as height limitation, full enclosure of mechanical equipment, and additional noise attenuation measures. These new changes will provide greater customer service as this amendment will provide a clear, review process for common improvements or inquiries from residents and business owners that will ultimately benefit the City. Circulation Element: Goal CIRC-7 - Designated scenic corridors protect and enhance visual quality and scenic views. Goal CIRC-7(D) - Provide landscaped medians and sidewalk treatments in accordance with City standards within major and primary arterial streets designated as landscape corridors, and continue to require the construction of landscaped medians and sidewalk treatments in new developments. The proposed ZTA will continue the streetscape vision for Beach Blvd. of the specific plan while clarifying the process for property and business owners. In revising the BECSP’s street regulations, it will provide additional parkway and sidewalk standards for rights-of-way that are irregular in width in a manner that is compatible with existing properties along Beach Blvd. The additional amendments will clarify the process for alternative street improvements as well as the acceptable landscaping for the specific plan. This amendment will remove uncertainty in the city permitting process that puts property owners and business along Beach Blvd. in a position where they cannot obtain final permit approval and the City cannot intervene because 613 the street is owned by a different agency. In turn, this will allow the city to expedite street improvements, provided certainty of final approval for BECSP property owners, and may encourage more improvements of properties along one of the city’s major highways. 2. Zoning Text Amendment No. 23-002 is compatible with the uses authorized in, and the standards prescribed for the zoning district for which it is proposed because it primarily revises the processing of certain permits and clarifies various sections of the HBZSO and BECSP. The revisions that have been added or clarified will not change the character of the base zoning district and the uses authorized therein. 3. A community need is demonstrated for the changes proposed because there is a constant community desire to improve customer service with decreased processing time and ensure the HBZSO and BECSP are clear, current, consistently adapting to new technologies and is proactive with conflicts in the code. 4. Its adoption will be in conformity with public convenience, general welfare and good zoning practice because ZTA No. 23-002 ensures the HBZSO and BECSP are clear, current, adapting to new technologies, proactive with conflicts in the code, and reflective of the City’s ongoing effort to improve customer service. 614 615 ORDINANCE NO. 4307 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 203 DEFINITIONS OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE (ZONING TEXT AMENDMENT NO. 23-002) WHEREAS, pursuant to the California State Planning and Zoning Law, the Huntington Beach Planning Commission and Huntington Beach City Council have held separate, duly noticed public hearings to consider Zoning Text Amendment No. 23-002, which amends Chapter 203 of the Huntington Beach Zoning and Subdivision Ordinance After due consideration of the findings and recommendations of the Planning Commission and all other evidence presented, the City Council finds that the aforesaid amendment is proper and consistent with the General Plan; NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. That Chapter 203 of the Huntington Beach Zoning Code is hereby amended to read as follows: 203.06 Definitions Abutting/Adjacent. Having district boundaries or lot lines or combinations thereof in common. Access, Lateral. Public access along the coast. Access, Vertical. Public access from the nearest public roadway to the shoreline. Alley. A public or private way having an ultimate width of not less than 20 feet permanently reserved primarily for vehicular service access to the rear or side of prope1iies otherwise abutting on a street. Alter. To make a change in the exterior appearance or the supporting members of a structure, such as bearing walls, columns, beams, or girders that will prolong the life of the structure. Amendment. A change in the wording, context or substance of this ordinance, or a change in the district boundaries on the zoning map. Animal, Large. An animal larger than the largest breed of dogs. This term includes horses, cows, and other mammals customarily kept in corrals or stables. Animal, Small. An animal no larger than the largest breed of dogs. This term includes fish, birds, and mammals customarily kept in kennels. 24-l 4077 /207726 616 ORDINANCE NO. 4307 Antenna. A device used to transmit and/or receive radio or electromagnetic waves between earth and/or satellite-based systems, such as reflecting discs, panels, mierowave dishes, whip antennas, antennas, arrays, or other similar devices. Antenna, Amateur Radio. An antenna array and its associated support structure, such as a mast or tower that is used for the purpose of transmitting and receiving radio signals in conjunction with an amateur station licensed by the Federal Communications Commission. Antenna Height. The distance from the property's grade to the highest point of the antenna and its associated support structure when fully extended. Approach-Departure Path. The flight track of the helicopter as it approaches or departs from a designated takeoff and landing area, including a helipmi, helipad, or helistop. Achitectural Projections. Features on a building which provide visual variation and/or relief but do not serve as interior or exterior living or working space. Area, Net Lot. The total horizontal area within the prope1iy lines of a parcel of land exclusive of all rights-of-way or easements which physically prohibit the surface use of that portion of the prope1iy for other than vehicular ingress and egress. All setbacks, lot coverage and other development requirements shall be taken from the net lot area. Street Arca to be dedicated i 250'i .57 .53 gross acre ne! acre : 230' ... 100' ► Lot Area Arterial. Any street, highway or road designated as an arterial street in the General Plan. Assisted Living Facility. Establishments licensed by the State of California providing care on a 24-hour basis for persons requiring personalized supportive services and health related care, but 24-14077 /33 1871 2 617 ORDINANCE NO. 4307 excluding facilities providing surgical or emergency medical services. This includes State licensed establishments that provide a continuum of care for residents ranging from assistance with daily activities to memory care. Atta.chcd Structures. Two or more structures sharing a common wall or solid or lattice roof and connected by a minimum of 50% of the shortest building width. Balcony. A platform that projects from the wall of a building, without support posts, typically above the first level, and is surrounded by a rail balustrade or parapet. Basement. A story partly underground and having at least one-half of its height above the average adjoining grade. A basement shall be considered as a story if the vertical distance from the average adjoining grade to the ceiling is over four feet. ~inished Grndc L---- I I I Roof Second Swry First Story Bascincnl lf this b:iscmcnt ceiling is more than •l'f\. fmm average adjoining lini$hcd .. r.._:i:... _____ grade, the oosemctll is ~onsldcn:d ~-t storv. Basement Bay Window. A window that projects out from an exterior wall. The projection must be 18" above the ground or upper story floor in order to project into the required setback. See Section 230.68. Bedroom. The term bedroom includes any room used principally for sleeping purposes, an all- purpose room, a study, a den, a room having 100 square feet or more of floor area or less than 50% of one wall open to an adjacent room or hallway. 24-14077 /33 l 87 l 3 618 ORDINANCE NO. 4307 Blockface. The properties abutting on one side of a street and lying between the two nearest intersecting or intercepting streets, or nearest intersecting or intercepting street and railroad right- of-way, unsubdivided land, watercourse, or City boundary, I'-> ~~ "" "" "" "" '''" fr l~l I l I l ll rQ: Blockface Boarding House. A residence or dwelling, other than a hotel or convalescent facility, where not more than five guest rooms are rented for more than 30 days under three or more separate written or oral rental agreements, leases, or subleases or combination thereof, whether or not the owner, agent, or rental manager resides within the residence and lodging and meals are provided for no more than IO persons. Guest rooms numbering six or over shall be considered a hotel. Building. Any structure having a roof supported by columns or walls for the housing or enclosure of persons, animals, chattels, or property of any kind. Caretaker's Quarters. A dwelling unit on the site of a commercial, industrial, public, or semipublic use, occupied by a guard or caretaker. Carport. A permanent roofed accessory structure with not more than two enclosed sides intended for vehicle storage, Cart/Kiosk. Any po1iable, non-motorized unit used by a vendor as described in Section 230.94. City. The City of Huntington Beach. Clinic. An establishment where patients, who are not lodged overnight, are admitted for examination and treatment by one or more of a group of physicians, dentists, optometrists, psychologists, or social workers practicing together. Coastal Zone. A geographic zone adjacent to the shoreline, the boundaries of which are determined by the California Coastal Act of 197 6, as amended. Collection Containers. Containers or buildings with a gross floor area of 500 square feet or less used for the deposit and storage of household articles or recyclables. See Section 230.44. 24-14077/331871 4 619 ORDINANCE NO. 4307 Commission. The Huntington Beach Planning Commission. Community Apartment Project. A project in which an individual interest in land is coupled with the right exclusively to occupy an individual unit, as provided in Section 11004 of the California Business and Professions Code. Completely Rebuilt. Rebuilding the nonconforming structure or use as it had legally existed immediately prior to its destruction. See Section 236.04. Conditional Use. A use of land that, due to the specific nature and unique characteristics of the use, requires special standards and discretionary review. Condominium. An estate in real property consisting of an undivided interest in common in a p01iion of a parcel of real property together with a separate interior space in a residential, industrial or commercial building on the real property, such as an apartment, office or store. A condominium may include, in addition, a separate interest in other portions of the real property. Conforming Structure. A structure that fully meets the requirements of Title 17 (Building Regulations) and also conforms to all property-development regulations and requirements prescribed for the district in which it is located. Convenience Market. A retail use in conjunction with gasoline sales in which the sales room exceeds 200 square feet. See Section 230.32. Coverage, Lot or Site. The percentage of a lot or site covered by roofs, balconies, fireplaces, architectural projections, or overhangs extending more than two and one-half feet from a wall, decks more than 42 inches in height above grade, and stairs. This also includes the square footage of all building projections into yards or courts containing habitable floor area. Deck. A platform, either free-standing or attached to a building, but without a roof, that is supported by pillars, posts, or walls (see also Balcony and Patio Cover). Demolition. The deliberate removal or destruction of the frame or foundation of any p01iion of a building or structure for the purpose of preparing the site for new construction or otherwise. Density Bonus. An increase in the proposed number of units of 25% or greater over the number permitted pursuant to the current zoning and General Plan designation on the prope1iy. See Section 230.14. Director. The Director of Community Development or designee. Disabled. As more specifically defined under the Fair Housing Laws, a person who has a physical or mental impairment that limits one or more major life activities, a person who is regarded as having that type of impairment, or a person who has a record of that type of impairment, not including current, illegal use of a controlled substance. 24-14077 /331871 5 620 ORDINANCE NO. 4307 Distribution Line. An electric power line bringing power from a distribution substation to consumers. District. A portion of the City within which the use ofland and structures and the location, height, and bulk of structures are governed by this ordinance. The zoning ordinance establishes "base zoning districts" for residential, commercial, industrial, public and open space uses, and "overlay districts," which modify base district provisions and standards. Drilling. The digging or boring of a new well into the earth for the purpose of exploring for, developing or producing oil, gas or other hydrocarbons, or for the purpose of injecting water, steam or any other substance into the earth. Dwelling, Accessory Unit. A fully equipped dwelling unit which is ancillary and subordinate to a principal dwelling unit located on the same lot in the RL zone. Also known as second dwelling unit or "granny unit." Dwelling, Multiple Unit. A building or buildings designed with two or more dwelling units. Dwelling, Single Unit. A detached building designed primarily for use as a single dwelling, no portion of which is rented as a separate unit, except as permitted by this Code. Attached single- family dwellings shall be considered as multifamily. Dwelling, Studio Unit. A dwelling unit consisting of one kitchen, one bathroom, and one combination living room and sleeping room. The gross floor area shall not exceed 500 square feet, or it shall be considered as a one-bedroom unit. Also known as a single, a bachelor, or an efficiency unit. Dwelling Unit. One or more habitable rooms with only one kitchen, and designed for occupancy as a unit by one or more persons living as a household unit with common access to all living, kitchen, and bathroom areas. Emergency Shelter. Housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay. See Section 230.52. Energy Facility. Any public or private processing, producing, generating, storing, transmitting, or recovering facility for electricity, natural gas, petroleum, coal, or other sources of energy. Environmental Impact Report (EIR). A report complying with the requirements of the California Environmental Quality Act (CEQA) and its implementing guidelines. Environmentally Sensitive (Habitat) Area. A wetland or any area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which could be easily disturbed or degraded by human activities and developments. 24-14077 /33 l 87 l 6 621 ORDINANCE NO. 4307 Exemption, Categorical. An exception from the requirements of the California Environmental Quality Act (CEQA) for a class of projects, which have been determined to not have a significant effect on the environment. Fair Housing Laws. The Federal Fair Housing Act, the Americans with Disabilities Act, and the California Fair Employment and Housing Act, as each statute may be amended from time to time, and each statute's implementing regulations. Family. A single individual or two or more persons living together as a single housekeeping unit in a dwelling unit. Feasible. Capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors. Floor Area, Gross. The total enclosed area of all floors of a building measured to the outside face of the exterior walls, and including halls, stairways, elevator shafts at each floor level, service and mechanical equipment rooms, and habitable basement or attic areas, but excluding area for vehicle parking and loading. Floor Area Ratio (FAR). Determined by dividing the gross floor area of all buildings on a lot by the area of that lot. Floor Area Ratio (FAR) Frontage. The linear length of a building or a lot measured along the property line adjacent to a street or easement. 24-14077 /33 1871 7 622 ORDINANCE NO. 4307 Functional Capacity. The ability of an environmentally sensitive area to be self-sustaining and to maintain natural species diversity. General Plan. The City of Huntington Beach General Plan. Grade, Existing. The surface of the ground or pavement at a stated location as it exists prior to disturbance in preparation for a project regulated by this ordinance. Grade, Street. The top of the curb, or the top of the edge of the pavement or traveled way where no curb exists. Height of Building. A vertical dimension measured from the top of the highest roof to the top of the subfloor/slab directly underneath. (See Section 230.72.) Helipad or Helistop. A heliport without auxiliary facilities such as waiting room, helicopter parking, fueling and maintenance equipment. Heliport. An area, either at ground level or elevated on a structure, that is used or intended to be used for the takeoff and landing of helicopters, and includes some or all the various facilities useful to helicopter operations, including helicopter parking, waiting room, fueling and maintenance equipment. Home Occupation. Business activity conducted in a dwelling unit in a residential district that is incidental to the principal residential use of a lot or site. Hotel Owner/Operator. The entity that owns and operates a hotel. If the hotel operator is separate from the hotel owner both are jointly and severally responsible for ensuring compliance with the requirements described in this LCP and/or recorded against the property, as well as jointly and severally liable for violations of said requirements and restrictions. Household. All the people occupying a dwelling unit, and includes people who live in different units governed by the same operator. Illumination, Direct. Illumination by means of light that travels directly from its source to the viewer's eye. Illumination, ludirect. Illumination by means only oflight cast upon an opaque surface from a concealed source. Incentives. Policies, programs or actions taken by the City designed to ensure that a development will be produced at a lower cost. Integral Facilities. Any combination of two or more group homes which may or may not be located on the same or contiguous parcels of land, that are under the control and management of the same owner, operator, management company, or licensee or any affiliate of any of them, and are integrated components of one operation shall be referred to as integral facilities and shall be 24-14077/33]871 8 623 ORDINANCE NO. 4307 considered one facility for purposes of applying Federal, State, and local laws to its operation. Examples of such integral facilities include, but are not limited to, the provision of housing in one facility and recovery programming, treatment, meals, or any other service or services to program participants in another facility or facilities or by assigning staff or a consultant or consultants to provide services to the same program participants in more than one licensed or unlicensed facility. Integral Uses. Any two or more residential care programs commonly administered by the same owner, operator, management company, or licensee, or any affiliate of any of them, in a manner in which paiiicipants in two or more care programs participate simultaneously in any care or recovery activity or activities so commonly administered. Any such integral use shall be considered one use for purposes of applying Federal, State, and local laws to its operation. Junk Yard. The use of a lot, or contiguous lots, or any portion thereof for the storage of junk, including scrap metal, or other scrap materials, and/or for the dismantling or wrecking of automobiles or other vehicles or machinery. Kennel. Any premises where four or more dogs or cats at least four months of age are kept or maintained for any purpose except veterinary clinics and hospitals. For purposes of this section, a detached single-family residence with a maximum of four dogs shall not be considered a kennel when at least one of the dogs is a specially-trained guide dog, signal dog or service dog, as defined in Penal Code Section 365.5, and complies with Section 7.12.160 of the Huntington Beach Municipal Code. Kitchen or Efficiency Kitchen. Any room or part of a room which is designed, built, used, or intended to be used for food preparation and dishwashing which includes a minimum of one permanent cooking burner; but not including a bar, or similar room adjacent to or connected with a kitchen. Landscaping. An area devoted to or developed and maintained with native or exotic plantings, lawn, ground cover, gardens, trees, shrubs, and other plant materials. The area may include incidental features such as permeably pathways, decorative outdoor landscape elements, pools, fountains, water features, paved or decorated surfaces of rock, stone, brick, block, or similar material (excluding driveways, parking, loading, or storage areas), and sculptural elements. Plants on rooftops, porches or in boxes attached to buildings are not considered landscaping. Landscaping, Interior. A landscaped area or areas within the shortest circumferential line defining the perimeter or exterior boundary of the parking or loading area, or similar paved area, excluding driveways or walkways providing access to the facility (as applied to parking and loading facilities or to similar paved areas). 24-14077/331871 9 624 ORDINANCE NO. 4307 Lot, Through. A lot having frontage on two dedicated parallel or approximately parallel streets. Lot Width. The mean of the horizontal distance between the side lot lines measured at right angles to the lot depth at midpoints 20 feet from the front lot line and 20 feet from the rear lot line, or from the rearmost point of the lot depth in cases where there is no rear lot line. front Lot Linc • \' Lot Width~ (x + y) I 2 Lower Income Household. A household whose annual income is at or below 80% of Orange County median income as defined by the State of California Depaiiment of Housing and Community Development. Manufactured Home. A structure transportable in sections which is a minimum of eight feet in width and 40 feet in length, built on a permanent chassis, and designed to be a dwelling with or without a permanent foundation. Manufactured home includes mobile home. Mezzanine. An intermediate floor within a room containing not more than 33% of the floor area of the room and is secured with a railing, pony/short wall, or full height wall (for non-residential uses only). Floor Below 24-14077/331871 12 Mcunninc: maxitHum :n percent of floor area below. 625 ORDINANCE NO. 4307 Mezzanine Moderate Income Household. A household whose annual income is at or below 120% of Orange County median income as defined by the State of California Department of Housing and Community Development. Municipal Code. The Municipal Code of the City of Huntington Beach. Negative Declaration. A written statement briefly describing the reasons that a proposed project will not have a significant impact on the environment which meets the requirements of the California Environmental Quality Act. Neighborhood Notification. Notification process pursuant to Chapter 241 when no entitlements are required and the use requires such notification as stated in the Zoning and Subdivision Ordinance. Net Site Area. See Area, Net Lot. New Well. A new well bore or well hole established at the ground surface. Redrilling from the well bore or well hole of an existing well greater than 150 feet from the existing well bore shall constitute a new well. Nonconforming Structure. A structure that was lawfully erected but which does not conform with the cun-ent development standards. Nonconforming Use. A use of a structure or land that was lawfully established and maintained, but which does not conform with the current zoning ordinance. Off-Street Loading Facilities. A site or portion of a site devoted to the loading or unloading of motor vehicles or trailers, including loading berths, aisles, access drives, and landscaped areas. Off-Street Parking Facilities. A site or portion of a site devoted to the off-street parking of motor vehicles, including parking spaces, aisles, access drives, and landscaped areas. Oil Operation. The use or maintenance of any installation, facility, or structure used, either directly or indirectly, to carry out or facilitate one or more of the following functions: drilling, rework, repair, redrilling, production, processing, extraction, assisted recovery, stimulation storage or shipping of oil, gas or hydrocarbons from the subsurface of the earth. Oil Operation Site. The physical location where an oil operation is conducted. Open Space, Common. A usable open space within a residential development reserved for the exclusive use of residents of the development and their guests. Open Space, Private. A usable open space adjoining and directly accessible to a dwelling unit, reserved for the exclusive use of residents of the dwelling unit and their guests. 24-14077 /331871 13 626 ORDINANCE NO. 4307 Open Space, Total. The sum of private and common open space. Open Space, Usable. Outdoor or unenclosed area on the ground, or on a balcony, deck, porch or tenace designed and accessible for outdoor living, recreation, pedestrian access or landscaping. Usable open space does not include parking facilities, driveways, utility or service areas, any required front or street side yard, any space with a dimension ofless than six feet in any direction or an area of less than 60 square feet. mtn nun ► lO ll. ◄ ► JO Ii. ◄ Palin Privah'.' Open Space Usable Open Space Operator. A company, business, or individual who provides residential services, (i.e., the placement of individuals in a residence), setting of house rules, and governing behavior of the occupants as residents. Operator does not include a property owner or property manager that exclusively handles real estate contracting, property management, and leasing of the property and that does not otherwise meet the definition of operator. Oversize Vehicle. Any vehicle which exceeds 25 feet in length, seven in width, seven in height, or a weight of l 0,000 pounds, motorized or non-motorized. Oversize vehicle also includes any equipment or machinery regardless of size. Parking Structure. A structure consisting of two or more levels used for parking of vehicles where parking spaces, turning radius, transition ramps, and drive aisles are incorporated within the structure, including automated parking structures. A surface level parking lot with a solid roof above is not considered a parking structure unless there is access for automobiles and parking stalls on the roof. Parking, Subterranean. A parking area that is wholly or partially recessed into the development site, and which may or may not support additional structures above ( e.g., dwelling units or parking structures). 24-14077/331871 14 627 ORDINANCE NO. 4307 Parking, Tandem. An off-street parking facility which includes parking stalls where one is arranged in front of the other or stacked utilizing mechanical lifts. Patio Cover. A strncture attached or detached that is open on two sides and has a roof. Permitted Use. A use of land that does not require approval of a conditional use permit or temporary use permit. Planned Unit Development (PUD). A large scale development of a parcel or of a combination of related parcels to be developed by a single owner or group of owners acting jointly, involving a related group of uses, planned as an entity and having a predominant developmental feature which serves to unify or organize development. Porch. An open or covered platfmm, usually having a separate roof, at an entrance to a dwelling, or an open or enclosed gallery or room, which is not heated or cooled, that is attached to the outside of a building. Private Property. Property owned in fee by an individual, corporation, pminership, or a group of individuals as opposed to public property. Project. Any proposal for new or changed use, or for new construction, alteration, or enlargement of any structure, that is subject to the provisions of this zoning ordinance. Public Property. Property dedicated through acquisition or easement for public use which includes, but is not limited to, streets, alleys, parks, public rights-of-way, and sidewalks. Remodel. The upgrade of the interior or exterior faces of a building or structure without altering to any degree the structural integrity. Residential Privacy Design Standards. Residential privacy design standards shall apply to: I. A lot contiguous to one or more existing single-family residential units, excluding parcels separated by streets or alleys; or 2. A vacant parcel intended for new single-family development; or 3. The creation of new floor area above the first floor ofan existing single story single- family residence; or 4. Increasing the number of windows above the first floor of an existing single-family residence; or 5. Moving the location of existing windows above the first floor of an existing single- family residence. 24-14077 /33 1871 l 5 628 ORDINANCE NO. 4307 Resource Protection Area. Within the coastal zone, any area that consists of any of the following: wetlands, environmentally sensitive habitat areas, buffer areas ( as these terms are defined in the Glossary of the City's certified Land Use Plan), and/or land that is zoned Coastal Conservation. Room, Habitable. A room meeting the requirements of the Unifmm Building Code for sleeping, living, cooking, or dining purposes, excluding such enclosed places as closets, pantries, bath or toilet rooms, service rooms, connecting corridors, laundries, attics, foyers, storage spaces, utility rooms, garages, and similar spaces. Senior Housing. Housing for a family in which at least one person per unit is 60 years old or older, or for a single person who is 60 years old or older. Setback Line. A line across the front, side, rear of any private or public property which delineates an area adjoining a property line in which erection of a building, fence, or other structure is prohibited except as otherwise provided in the zoning ordinance. All setbacks along streets and alleys shall be measured from the ultimate right-of-way. Significant Disruption. Having a substantial adverse effect upon the functional capacity. Single Housekeeping Unit. The occupants of a dwelling unit that have established ties and familiarity with each other, jointly use common areas, interact with each other, share meals, household activities, and expenses and responsibilities. Membership in the single housekeeping unit is fairly stable as opposed to transient, members have some control over who becomes a member of the household, and the residential activities of the household are conducted on a non- profit basis. There is a rebuttal presumption that integral facilities are not single housekeeping units. Evidence that a household is not operating as a single housekeeping unit include, but are not limited to: the occupants do not share a lease agreement or ownership of the property, members of the household have separate, private entrances from other members; members of the household have locks on their bedroom doors; members of the household have separate food storage facilities, such as separate refrigerators. Single Ownership. Holding record title, possession under a contract to purchase, or possession under a lease, by a person, firm, corporation, or partnership, individually, jointly, in common, or in any other manner where the property is or will be under unitary or unified control. Site. A lot, or group of contiguous lots not divided by an alley, street, other right-of-way, or City limit, that is proposed for development in accord with the provisions of this ordinance, and is in a single ownership or has multiple owners, all of whom join in an application for development. Specific Event. A short-term temporary use of public prope1iy as defined in Section 13.54.010. Specific Plan. A plan for a defined geographic area that is consistent with the General Plan. Stock Cooperative. A corporation formed for the primary purpose of holding title to, either in fee simple or for a term of years, any real property where the shareholders of the corporation 24-14077/331871 16 629 ORDINANCE NO. 4307 receive a right of exclusive occupancy in a portion of such real property and where the right of occupancy is only transferable by the transfer of shares of stock in the corporation. Story. That portion of a building included between the surface of any floor and the surface of the floor or finished undersurface of the roof directly above it. Street. A public or an approved private thoroughfare or road easement which affords the principle means of access to abutting property, not including an alley. Structure. Anything constructed or erected that requires a location on the ground, excluding patios, walks, access drives, or similar paved areas. Structure, Accessory. A structure that is appropriate, subordinate and customarily incidental to the main structure of the site and which is located on the same site as the main structure, including swimming pools, garages, gazebos and patio covers or similar structures. Structure, Minor Accessory. An accessory structure that does not exceed 120 square feet in floor area and a height of IO feet, including storage sheds, pet shelters, playhouses, pagodas, gazebos, and decorative elements or similar structures. Supportive Housing. Housing with no limit on length of stay that is occupied by the target population and is linked to on-site or off-site services that assist residents to retain the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. On-site and off-site services may include, but are not limited to, after- school tutoring, child care, and career counseling. Takeoff and Landing Area. That area of the helicopter facility where the helicopter actually lands and takes off. Target Population. Persons with low income having one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health conditions, or individuals eligible for services provided under the Lanterman Development Disabilities Services Act (Division 4.5 commencing with Section 4500 of the Welfare and Institutions Code) and may include, among other populations, adults, families, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, or homeless people. Transitional Housing. Buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months. Transmission Line. An electric power line bringing power to a receiving or distribution substation. 24-14077/33 l 871 17 630 __ j ORDINANCE NO. 4307 Ultimate Right-of-Way. The adopted maximum width for any street, alley, or thoroughfare, as established by the General Plan, by a precise plan of street, alley, or private street alignment; by a recorded map; or by a standard plan of the Department of Public Works. Such thoroughfare shall include any adjacent public easement used as a walkway and/or utility easement. Use, Accessory. A use that is appropriate, subordinate, and customarily incidental to the main use of the site and which is located on the same site as the main use. Value. The monetary w01ih of a structure determined by the valuation figures used by the Director for the purpose of calculating building permit fees. Vehicle Storage. The business of storing or safekeeping of operative and inoperative vehicles for periods of time greater than a 24-hour period. Very Low Income Household. A household whose annual income is at or below 50% of Orange County median income as defined by the State of California Department of Housing and Community Development. Wetbar. A fixed installation within a dwelling unit providing cold and/or hot water to a single sink without a garbage disposal at a location other than a kitchen or laundry and may include a small counter area and space for a mini or beverage refrigerator. A wetbar area shall not include a stove, range, or similar appliance usually found in a kitchen, and if such wetbar is located in a room or a p01iion ofa room with a stove, hot plate, range, oven or other type of kitchen facility, it shall be deemed a separate kitchen. Wetland. Lands within the coastal zone which may be covered periodically or permanently with shallow water and include salt water marshes, fresh water marshes, open or closed brackish water marshes, swan1ps, mudflats, and fens. Yard, Front. An area between the front lot line and the front setback line extending across the full width of a site. The front yard of a corner lot shall adjoin the shortest street property line along its entire length. Where one street property line is at least 75% of the length of the other street property line, the Director shall determine the location of the front yard. Yard, Rear. An area between the rear lot line and the rear setback line extending across the full width of a site. On a corner lot the rear yard shall extend only to the side yard abutting the street. 24-14077/331871 18 631 ORDINANCE NO. 4307 Yard, Side. An area between the rear setback line and the front setback line and between the side property line and side setback line. The side yard on the street side of a corner lot shall extend to the rear lot line. ' CORNER LOT EXAMPLES INTEl<IOR LOT EXAMPlES ODD· SHAPED LOT EXAMPLES FRONT YAAD LEGEND __ -, SIJIIDNG [ZOO'.$.'{;) E.N\fE. 1,. _ .,.. _ (T\';()-OlMtNSIONAl}- l01 UN($ Zoning Ordinance. The Zoning Ordinance of the City of Huntington Beach. SECTION 2. This ordinance shall become effective immediately 30 days after its adoption. 24-14077/331871 19 632 ORDINANCE NO . 4307 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of ______ , 2024. Mayor ATTEST: City Clerk REVIEWED AND APPROVED: INITIATED AND APPROVED: City Manager 24-14077 /331871 20 633 Chapter 203 203.06 Definitions LEGISLATIVE DRAFT HBZC CHAPTER 203 Abutting/Adiacent. Having district boundaries or lot lines or combinations thereof in common. Access, Lateral. Public access along the coast. Access, Vertical. Public access from the nearest public roadway to the shoreline. Alley. A public or private way having an ultimate width of not less than 20 feet permanently reserved primarily for vehicular service access to the rear or side of properties otherwise abutting on a street. Alter. To make a change in the exterior appearance or the supporting members of a sh·ucture, such as bearing walls, columns, beams, or girders that will prolong the life of the structure. Amendment. A change in the wording, context or substance of this ordinance, or a change in the district boundaries on the zoning map. Animal, Exotie. Any wild animal not customarily confined or cultivated by man for domestic or commercial purposes but kept as a pet or for display. Animal, Large. An animal larger than the largest breed of dogs. This term includes horses , cows, and other mammals customarily kept in co1Tals or stables. Animal, Small. An animal no larger than the largest breed of dogs. This term includes fi sh, birds , and mammals customarily kept in kennels. Antenna. Any structure, including but not limited to a monopole, tmNer, parabolic and /or disk shaped device in single or multiple combinations of either solid or mesh constrnction, intended for the pmposes of receiving or transmitting communications to or from another antenna, device or orbiting satellite, as 1.vell as all suppo1ting equipment necessary to install or mount the antenna. A device used to transmit and/or receive radio or electromagnetic waves between earth and/or satellite-based systems. such as reflecting discs. panels. microwave dishes. whip antennas. antennas. arrays. or other similar devices. Antenna, Amateur Radio. An antenna array and its associated support structure, such as a mast or tower that is used for the purpose ofh·ansmitting and receiving radio signals in conjunction with an amateur station licensed by the Federal Communications Commission. Antenna, Communieation. All types of receiving and transmitting antenna, except satellite dish antenna, including but not limited to cable television antenna, wireless communication antenna, 634 FM digital eommunieation antenna, mierowave telephone eommunieation antenna, amateur radio antenna, and short wave eommunieation antenna and other similar antenna. Antenna Height. The distance from the property's grade to the highest point of the antenna and its associated support structure when fully extended. Antenna, Satellite Dish. An antenna for the purpose of reeeiving or transmitting eommunieations to or from an orbiting satellite. Antenna Whip. An antenna and its support struetme eensisting of a single, slender, rod like element whieh is supported only at or near its base. Approach-Departure Path. The flight track of the helicopter as it approaches or depaiis from a designated takeoff and landing area, including a heliport, helipad, or helistop. Architectural Projections OF AppuFtenanees. Features on a building which provide visual variation and/or relief but do not serve as interior or exterior living or working space. Area, Net Lot. The total horizontal area within the property lines of a parcel of land exclusive of all rights-of-way or easements which physically prohibit the surface use of that portion of the property for other than vehicular ingress and egress. All setbacks. lot coverage and other development requirements shall be taken from the net lot area. Street Area to be dedicated -1-··P------~i-----"'lr------ 250' .57 .53 gross acre net acre 100' Lot Area l l .. '230' Arterial. Any street, highway or road designated as an arterial street in the General Plan. Assisted Living Facility. Establishments licensed by the State of California providing care on a 24-hour basis for persons requiring personalized supportive services and health related care, but 635 excluding facilities providing surgical or emergency medical services. This includes State licensed establishments that provide a continuum of care for residents ranging from assistance with daily activities to memory care. Attached Structures. Two or more structures sharing a common wall or solid or lattice roof and connected by a minimum of 50% of the shortest building width. Balcony. A platform that projects from the wall of a building, without support posts. typically above the first level, and is surrounded by a rail balustrade or parapet. Basement. A story partly underground and having at least one-half of its height above the average adjoining grade. A basement shall be considered as a story if the vertical distance from the average adjoining grade to the ceiling is over four feet. Finished rade L - - - - I I I Roof Second Story First Story Basement If this ba,cmcnt ceiling is more than 4'11. from average adjoining finished .r .... s...______ grade, the b;l,ement is considered a slo •. Basement Bay Window. A window that projects out from an exterior wall. The projection must he 18" above the ground or upper story floor in order to project into the required setback. See Section 230.68. Bedroom. The term bedroom includes any room used principally for sleeping purposes, an all- purpose room, a study, a den, a room having 100 square feet or more of floor area or less than 50% of one wall open to an adjacent room or hallway. Block.face. The properties abutting on one side of a street and lying between the two nearest intersecting or intercepting streets, or nearest intersecting or intercepting street and railroad right- of-way, unsubdivided land, watercourse, or City boundary. 636 ,~~~:, ~ "" "' "' " " " r1 I I I I I I II [l Blockface Boarding House. A residence or dwelling, other than a hotel or convalescent facility, where not more than five guest rooms are rented for more than 30 days under three or more separate written or oral rental agreements, leases, or subleases or combination thereof, whether or not the owner, agent, or rental manager resides within the residence and lodging and meals are provided for no more than 10 persons. Guest rooms numbering six or over shall be considered a hotel. Building. Any structure having a roof supp01ied by columns or walls for the housing or enclosure of persons, animals, chattels, or property of any kind. Caretaker's Quarters. A dwelling unit on the site of a commercial, industrial, public, or semipublic use, occupied by a guard or caretaker. Carport. A permanent roofed accessory structure with not more than two enclosed sides intended for vehicle storage. Cart/Kiosk. Any portable, non-motorized unit used by a vendor as described in Section 230.94. City. The City of Huntington Beach. Clinic. An establishment where patients, who are not lodged overnight, are admitted for examination and treatment by one or more of a group of physicians, dentists, optometrists, psychologists, or social workers practicing togethera Coastal Zone. A geographic zone adjacent to the shoreline, the boundaries of which are determined by the California Coastal Act of 197 6, as amended. Collection Containers. Containers or buildings with a gross floor area of 500 square feet or less used for the deposit and storage of household articles or recyclables. See Section 230.44 Commission. The Huntington Beach Plauning Commission. 637 Community Apartment Project. A project in which an individual interest in land is coupled with the right exclusively to occupy an individual unit, as provided in Section 11004 of the California Business and Professions Code. Completely Rebuilt. Rebuilding the nonconforming structure or use as it had legally existed immediately prior to its destruction. See Section 236.04 Conditional Use. A use of land that, due to the specific nature and unique characteristics of the use, requires special standards and discretionary review. Condominium. An estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interior space in a residential, industrial or commercial building on the real property, such as an apartment, office or store. A condominium may include, in addition, a separate interest in other portions of the real property. Conforming Building Structure. /\ building stucture that fully meets the requirements of Title 17 (Building Regulations) and also conforms to all property-development regulations and requirements prescribed for the district in which it is located. Convenience Market. A retail use in conjunction with gasoline sales in which the sales room exceeds 200 square feet. See Section 230.32 Court. An outdoor, unenelosed area intended to provide light, air, and privaey for individual dwelling ,mits in multifamily pro_jeets. Coverage, Lot or Site. The percentage of a lot or site covered by roofs, balconies, fireplaces, architectural projections, or overhangs extending more than two and one-half feet from a wall, decks more than 42 inches in height above grade, and stairs. This also includes the square footage of all building projections into yards containing habitable floor area. Deck. A platform, either free-standing or attached to a building, but without a roof, that is supported by pillars, posts, or walls (see also Balcony and Patio Cover}. Demolition. The deliberate removal or destruction of the frame or foundation of any portion of a building or structure for the purpose of preparing the site for new construction or otherwise. Density Bonus. An increase in the proposed number of units of 25% or greater over the number permitted pursuant to the current zoning and General Plan designation on the property. Director. The Director of Community Development or designee. Disabled. As more specifically defined under the Fair Housing Laws, a person who has a physical or mental impairment that limits one or more major life activities, a person who is regarded as having that type of impairment, or a person who has a record of that type of impainnent, not including current, illegal use of a controlled substance. 638 Distribution Line. An electric power line bringing power from a distribution substation to consumers. District. A portion of the City within which the use ofland and structures and the location, height, and bulk of structures are governed by this ordinance. The zoning ordinance establishes "base zoning districts" for residential, commercial, industrial, public and open space uses, and "overlay districts," which modify base district provisions and standards. Drilling. The digging or boring of a new well into the earth for the purpose of exploring for, developing or producing oil, gas or other hydrocarbons, or for the purpose of injecting water, steam or any other substance into the earth. Dwelling, Accessory Unit. A fully equipped dwelling unit which is ancillary and subordinate to a principal dwelling unit located on the same lot in the RL zone. Also known as second dwelling unit or "granny unit." Dwelling, Multiple Unit. A building or buildings designed with two or more dwelling units. Dwelling, Single Unit. A detached building designed primarily for use as a single dwelling, no portion of which is rented as a separate unit, except as permitted by this Code. Attached single- family dwellings shall be considered as multifamily. Dwelling, Studio Unit. A dwelling unit consisting of one kitchen, one bathroom, and one combination living room and sleeping room. The gross floor area shall not exceed 500 square feet, or it shall be considered as a one-bedroom unit. Also known as a single, a bachelor, or an efficiency unit. Dwelling Unit. One or more habitable rooms with only one kitchen, and designed for occupancy as a unit by one or more persons living as a household unit with common access to all living, kitchen, and bathroom areas. Emergency Shelter. Housing with minimal suppmiive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay. Energy Facility. Any public or private processing, producing, generating, storing, transmitting, or recovering facility for electricity, natural gas, petroleum, coal, or other sources of energy. Environmental Impact Report (EIR). A rep01i complying with the requirements of the California Environmental Quality Act (CEQA) and its implementing guidelines. Environmentally Sensitive (Habitat) Area. A wetland or any area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which could be easily disturbed or degraded by human activities and developments. 639 Exemption, Categorical. An exception from the requirements of the California Environmental Quality Act (CEQA) for a class of projects, which have been determined to not have a significant effect on the environment. Fair Housing Laws. The Federal Fair Housing Act, the Americans with Disabilities Act, and the California Fair Employment and Housing Act, as each statute may be amended from time to time, and each statute's implementing regulations. Family. A single individual or two or more persons living together as a single housekeeping unit in a dwelling unit. Feasible. Capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors. Floor Area, Gross. The total enclosed area of all floors of a building measured to the outside face of the struetura-1 memllers in exterior walls, and including halls, stairways, elevator shafts at each floor level, service and mechanical equipment rooms, and habitable basement or attic areas, but excluding area for vehicle parking and loading. Floor Area Ratio (FAR). Determined by dividing the gross floor area of all buildings on a lot by the area of that lot. FAR of l _o Floor Area Ratio (FAR) Frontage. The linear length of a building whieh eontains a publie entranee or a lot measured along the property line adjacent to a street or easement. Functional Capacity. The ability of an environmentally sensitive area to be self-sustaining and to maintain natural species diversity. 640 General Plan. The City of Huntington Beach General Plan. Grade, Existing. The surface of the ground or pavement at a stated location as it exists prior to disturbance in preparation for a project regulated by this ordinance. Grade, Street. The top of the curb, or the top of the edge of the pavement or traveled way where no curb exists. Height of Building. A vertical dimension measured from the top of the highest roof to the top of the subfloor/slab directly underneath. (See Section 230.72.) Helipad or Helistop. A heliport without auxiliary facilities such as waiting room, helicopter parking, fueling and maintenance equipment. Heliport. An area, either at ground level or elevated on a structure, that is used or intended to be used for the takeoff and landing of helicopters, and includes some or all the various facilities useful to helicopter operations, including helicopter parking, waiting room, fueling and maintenance equipment. Home Occupation. Business activity conducted in a dwelling unit in a residential district that is incidental to the principal residential use of a lot or site. Hotel Owner/Operator. The entity that owns and operates a hotel. If the hotel operator is separate from the hotel owner both are jointly and severally responsible for ensuring compliance with the requirements described in this LCP and/or recorded against the property, as well as jointly and severally liable for violations of said requirements and restrictions. Household. All the people occupying a dwelling unit, and includes people who live in different units governed by the same operator. Illumination, Direct. Illumination by means of light that travels directly from its source to the viewer's eye. Illumination, Indirect. Illumination by means only of light cast upon an opaque surface from a concealed source. Incentives. Policies, programs or actions taken by the City designed to ensure that a development will be produced at a lower cost. Integral Facilities. Any combination of two or more group homes which may or may not be located on the same or contiguous parcels of land, that are under the control and management of the same owner, operator, management company, or licensee or any affiliate of any of them, and are integrated components of one operation shall be referred to as integral facilities and shall be considered one facility for purposes of applying Federal, State, and local laws to its operation. Examples of such integral facilities include, but are not limited to, the provision of housing in one facility and recovery programming, treatment, meals, or any other service or services to program 641 participants in another facility or facilities or by assigning staff or a consultant or consultants to provide services to the same program pruiicipants in more than one licensed or unlicensed facility. Integral Uses. Any two or more residential care programs commonly administered by the same owner, operator, management company, or licensee, or any affiliate of any of them, in a manner in which participants in two or more care programs participate simultaneously in any care or recovery activity or activities so commonly administered. Any such integral use shall be considered one use for purposes of applying Federal, State, and local laws to its operation. of this section, a detached single-family residence with a maximum of four dogs shall not be considered a kennel when at least one of the dogs is a specially-trained guide dog, signal dog or service dog, as defined in Penal Code Section 365.5, and complies with Section 7.12.160 of the Huntington Beach Municipal Code. Junk Yard. The use of a lot, or contiguous lots, or any portion thereof for the storage of junk, including scrap metal, or other scrap materials, and/or for the dismantling or wrecking of automobiles or other vehicles or machinery . Kennel. Any premises where four or more dogs or cats at least four months of age are kept or maintained for any purpose except ve terinary clinics and hospitals. For purposes except veterinary clinics and ho spitals. For purposes of this section, a detached single-family residence with a maximum of four dogs shall not be considered a kennel when at least one of the dogs is a specially- trained guide dog, signal dog or service dog, as defined in Pe na l Code Section 365.5 , and complies with Section 7.12 .160 of the Huntington Beach Municipal Code. Kiteheeette er Kitehee. Kitchen or Efficiency Kitchen. Any room or part of a room which is designed , built, used, or intended to be used for food preparation and dishwashing which includes a minimum of one permanent cooking burner; but not including a bar, or similar room adjacent to or connected with a kitchen. Landscaping. An ru·ea devoted to or developed and maintained with native or exotic plantings, lawn, ground cover, gardens, trees , shrubs, and other plant materials. The ru·ea may include incidental features such as permeable pathways, decorative outdoor landscape elements, pools , fountains , water features, paved or decorated surfaces of rock, stone, brick, block, or similar material (excluding driveways, pru·king , loading, or storage areas), and sculptural elements. Plants on rooftops, porches or in boxes attached to buildings ru·e not considered landscaping. Landscaping, Interior. A landscaped ru·ea or areas within the shotiest circumferential line defining the perimeter or exterior boundary of the pru·king or loading area, or sirnilru· paved area, excluding driveways or walkways providing access to the facility (as applied to pru·king and loading facilities or to similar paved areas). Landscaping, Perimeter. A land scaped ru·ea adjoining the exterior boundru·y of a parking or loading area, or similru· paved area, excluding driveways or walkways which provide access to the facility. 642 emneter _ _;:m sc.ap Interior Landscape Landscaping: Perimeter Interior Limited Use Overnight Visitor Accommodations. Any hotel, motel, or other similar facility that provides overnight visitor accommodations wherein a purchaser receives the right in perpetuity, for life, or a term of years, to the recun-ent, exclusive use or occupancy of a lot, parcel, unit, room(s), or segment of the facility, annually or on some other seasonal or periodic basis, for a period of time that has been or will be allotted from the use or occupancy periods into which the facility has been divided and shall include, but not be limited to timeshare, condominium-hotel, fractional ownership hotel, or uses of a similar nature. Lodger. Any person other than a member of a family renting a room for living or sleeping purposes. Lot. Any numbered or lettered parcel shown on a recorded final map, record of survey pursuant to an approved division of land, or a parcel map and abuts a street, alley or recorded access easement. 643 _j l.__ ________ _ - 7 Rc\'ftst.--d Comet Lot STREET Interior Interior Interior Comer ~ Lot Lut lol - fu Lot rhrough • S ~~=~~~C~T.~1 ~--~ ~ Interior I 1-'fog lmerfnr li\tcri,i,)t Lot Comc:r ~ Lot Lot Lot Lot Lot Rc•n.·rs~d 0)m~r Lot STREET LOTTYPK~ Lot, Corner. A site bounded by two or more adjacent street lines that have an angle of intersection of not more than 135 degrees. Lot Depth. The horizontal distance from the midpoint of the front lot line to the midpoint of the rear lot line, or to the most distant point on any other lot line where there is no rear lot line. Lot, Flag. A lot with developable area connected to a street by a narrow strip ofland that includes a driveway. Lot or Property Line, Front. The street property line adjacent to the front yard. Lot or Property Line, Interior. A lot line not abutting a street. Lot or Property Line, Rear. A lot line, not a front lot line, that is parallel or approximately parallel to the front lot line. Where no lot line is within 45 degrees of being parallel to the front lot line, a line IO feet in length within the lot, parallel to and at the maximum possible distance from the front lot line, shall be deemed the rear lot line. Lot or Property Line, Side. Any lot line that is not a front lot line or a rear lot line. Lot or Property Line, Street. A lot line abutting a street. Lot, Reverse Corner. A comer lot, the side line of which is substantially a continuation of the front lot line of the lot to its rear. Lot, Street-Alley. An interior lot having frontage on a street and an alley. Lot, Throngh. A lot having frontage on two dedicated parallel or approximately parallel streets. Lot Width. The mean of the horizontal distance between the side lot lines measured at right angles to the lot depth at midpoints 20 feet from the front lot line and 20 feet from the rear lot line, or from the rearmost point of the lot depth in cases where there is no rear lot line. 644 I◄. Front Lot Line •I◄ Front Lot Linc • X -0 ..J Lot Width= (x + y) / 2 Lot Width Lower Income Household. A household whose annual income is at or below 80% of Orange County median income as defined by the State of California Department of Housing and Community Development. Manufactured Home. A structure transportable in sections which is a minimum of eight feet in width and 40 feet in length, built on a permanent chassis, and designed to be a dwelling with or without a permanent foundation. Manufactured home includes mobile home. Mezzanine. An intermediate floor within a room containing not more than 33% of the floor area of the room and is secured with a railing. pony/short wall. or full height wall (for non- residential uses only). Floor Below Mezzanine Mc1.zm1inc: maximum 33 percent of Ooor area below. 645 Moderate Income Household. A household whose annual income is at or below 120% of Orange County median income as defined by the State of California Department of Housing and Community Development. Municipal Code. The Municipal Code of the City of Huntington Beach. Negative Declaration. A written statement briefly describing the reasons that a proposed project will not have a significant impact on the environment which meets the requirements of the California Environmental Quality Act. Neighborhood Notification. Notification process pursuant to Chapter 241 when no entitlements are required and the use requires such notification as stated in the Zoning and Subdivision Ordinance. Net Site Area. See Area, Net Lot. New Well. A new well bore or well hole established at the ground surface. Redrilling from the well bore or well hole of an existing well greater than 150 feet from the existing well bore shall constitute a new well. Nonconforming Structure. A structure that was lawfully erected but which does not conform with the current development standards. Nonconforming Use. A use of a structure or land that was lawfully established and maintained, but which does not conform with the current zoning ordinance. Off-Street Loading Facilities. A site or portion of a site devoted to the loading or unloading of motor vehicles or trailers, including loading berths, aisles, access drives, and landscaped areas. Off-Street Parking Facilities. A site or portion of a site devoted to the off-street parking of motor vehicles, including parking spaces, aisles, access drives, and landscaped areas. Oil Operation. The use or maintenance of any installation, facility, or structure used, either directly or indirectly, to carry out or facilitate one or more of the following functions: drilling, rework, repair, redrilling, production, processing, extraction, assisted recovery, stimulation storage or shipping of oil, gas or hydrocarbons from the subsurface of the earth. Oil Operation Site. The physical location where an oil operation is conducted. Open Space, Common. A usable open space within a residential development reserved for the exclusive use ofresidents of the development and their guests. Open Space, Private. A usable open space adjoining and directly accessible to a dwelling unit, reserved for the exclusive use of residents of the dwelling unit and their guests. Open Space, Total. The sum of private and common open space. 646 Open Space, Usable. Outdoor or unenclosed area on the ground, or on a balcony, deck, porch or terrace designed and accessible for outdoor living, recreation, pedestrian access or landscaping. Usable open space does not include parking facilities, driveways, utility or service areas, any required front or street side yard, any space with a dimension of less than six feet in any direction or an area of less than 60 square feet. min min ► 10 ll. ,-► lOli. ◄ Patio {~onunon ()pen Spncc Usable Open Space Operator. A company, business, or individual who provides residential services, (i.e., the placement of individuals in a residence), setting of house rules, and governing behavior of the occupants as residents. Operator does not include a property owner or property manager that exclusively handles real estate contracting, property management, and leasing of the property and that does not othe1wise meet the definition of operator. Oversize Vehicle. Any vehicle which exceeds 25 feet in length, seven in width, seven in height, or a weight of 10,000 pounds, motorized or non-motorized. Oversize vehicle also includes any equipment or machinery regardless of size. Parking Structure. A structure consisting of two or more levels used for parking of vehicles where parking spaces, turning radius, transition ramps, and drive aisles are incorporated within the structure, including automated parking structures. A surface level parking lot with a solid roof above is not considered a parking structure unless there is access for automobiles and parking stalls on the roof. Parking, Subterranean. A parking area that is wholly or partially recessed into the development site, and which may or may not support additional structures above ( e.g., dwelling units or parking structures). 647 Parking, Tandem. An off-street parking facility which includes parking stalls where one is arranged in front of the other or stacked utilizing mechanical lifts. Patio Cover. A paved eourt open to the sky. A structure attached or detached that is open on two sides and has a roof. Permitted Use. A use of land that does not require approval of a conditional use permit or temporary use pennit. Planned Unit Development (PUD). A large scale development of a parcel or of a combination of related parcels to be developed by a single owner or group of owners acting jointly, involving a related group of uses, planned as an entity and having a predominant developmental feature which serves to unify or organize development. Porch. An open or covered platform, usually having a separate roof, at an entrance to a dwelling, or an open or enclosed gallery or room, which is not heated or cooled, that is attached to the outside of a building. Private Property. Property owned in fee by an individual, corporation, partnership, or a group of individuals as opposed to public property. Project. Any proposal for new or changed use, or for new construction, alteration, or enlargement of any structure, that is subject to the provisions of this zoning ordinance. Public Property. Property dedicated through acquisition or easement for public use which includes, but is not limited to, streets, alleys, parks, public rights-of-way, and sidewalks. Qualifying SenioF Resident. A person vi-ho is 62 years of age or older. (Seetion 51.2 of the California Civil Code.) Remodel. The upgrade of the interior or exterior faces of a building or structure without altering to any degree the structural integrity. Residential Privacy Design Standards. Residential privacy design standards shall apply to: 1. A lot contiguous to one or more existing single-family residential units, excluding parcels separated by streets or alleys; or 2. A vacant parcel intended for new single-family development; or 3. The creation of new floor area above the first floor of an existing single story single-family residence; or 4. Increasing the number of windows above the first floor of an existing single-family residence; or 648 5. Moving the location of existing windows above the first floor of an existing single-family residence. Resource Protection Area. Within the coastal zone, any area that consists of any of the following: wetlands, environmentally sensitive habitat areas, buffer areas ( as these terms are defined in the Glossary of the City's certified Land Use Plan), and/or land that is zoned Coastal Conservation. Room, Habitable. A room meeting the requirements of the Uniform Building Code for sleeping, living, cooking, or dining purposes, excluding such enclosed places as closets, pantries, bath or toilet rooms, service rooms, connecting corridors, laundries, attics, foyers, storage spaces, utility rooms, garages, and similar spaces. Senior Housing. Housing for a family in which at least one person per unit is 60 years old or older, or for a single person who is 60 years old or older. Setback Line. A line across the front, side, rear of any private or public property which delineates an area adjoining a prope1ty line in which erection of a building, fence, or other structure is prohibited except as otherwise provided in the zoning ordinance. All setbacks along streets and alleys shall be measured from the ultimate right-of-way. Significant Disruption. Having a substantial adverse effect upon the functional capacity. Single Housekeeping Unit. The occupants of a dwelling unit that have established ties and familiarity with each other, jointly use common areas, interact with each other, share meals, household activities, and expenses and responsibilities. Membership in the single housekeeping unit is fairly stable as opposed to transient, members have some control over who becomes a member of the household, and the residential activities of the household are conducted on a non- profit basis. There is a rebuttal presumption that integral facilities are not single housekeeping units. Evidence that a household is not operating as a single housekeeping unit include, but are not limited to: the occupants do not share a lease agreement or ownership of the property, members of the household have separate, private entrances from other members; members of the household have locks on their bedroom doors; members of the household have separate food storage facilities, such as separate refrigerators. Single Ownership. Holding record title, possession under a contract to purchase, or possession under a lease, by a person, firm, corporation, or partnership, individually, jointly, in common, or in any other manner where the property is or will be under unitary or unified control. Site. A lot, or group of contiguous lots not divided by an alley, street, other right-of-way, or City limit, that is proposed for development in accord with the provisions of this ordinance, and is in a single ownership or has multiple owners, all of whom join in an application for development. Specific Event. A shmi-term temporary use of public property as defined in Section 5.68.010 Section 13.54.010. Specific Plan. A plan for a defined geographic area that is consistent with the General Plan. 649 Stock Cooperative. A corporation formed for the primary purpose of holding title to, either in fee simple or for a term of years, any real property where the shareholders of the corporation receive a right of exclusive occupancy in a portion of such real property and where the right of occupancy is only transferable by the transfer of shares of stock in the corporation. Story. That portion of a building included between the surface of any floor and the surface of the floor or finished undersurface of the roof directly above it. Street. A public or an approved private thoroughfare or road easement which affords the principle means of access to abutting property, not including an alley. Structure. Anything constructed or erected that requires a location on the ground, excluding patios, walks, access drives, or similar paved areas. Structure, Accessory. A structure that is appropriate, subordinate and customarily incidental to the main structure of the site and which is located on the same site as the main structure, including swimming pools, garages, gazebos and patio covers or similar structures. Structure, Minor Accessory. An accessory structure that does not exceed 120 square feet in floor area and a height of 10 feet, including storage sheds, pet shelters, playhouses, pagodas, gazebos, decorative elements or similar structures. Supportive Housing. Housing with no limit on length of stay that is occupied by the target population and is linked to on-site or off-site services that assist residents to retain the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. On-site and off-site services may include, but are not limited to, after- school tutoring, child care, and career counseling. Takeoff and Landing Area. That area of the helicopter facility where the helicopter actually lands and takes off. Target Population. Persons with low income having one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health conditions, or individuals eligible for services provided under the Lanterman Development Disabilities Services Act (Division 4.5 commencing with Section 4500 of the Welfare and Institutions Code) and may include, among other populations, adults, families, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, or homeless people. Transitional Housing. Buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months. Transmission Line. An electric power line bringing power to a rece1vmg or distribution substation. 650 Ultimate Right-of-Way. The adopted maximum width for any street, alley, or thoroughfare, as established by the General Plan, by a precise plan of street, alley, or private street alignment; by a recorded map; or by a standard plan of the Department of Public Works. Such thoroughfare shall include any adjacent public easement used as a walkway and/or utility easement. Usable Satellite Signals. Satellite signals from all major eomrmm.ieation satellites that, when viev,ed on a eonventiona! television set, are at least equal in 13ieture quality to those reeeived from loeal eommereial television stations or by way of eable televisions. Use, Accessory. A use that is appropriate, subordinate, and customarily incidental to the main use of the site and which is located on the same site as the main use. Value. The monetary worth of a structure determined by the valuation figures used by the Director for the purpose of calculating building permit fees. Vehicle Storage. The business of storing or safekeeping of operative and inoperative vehicles for periods of time greater than a 24-hour period. Very Low Income Household. A household whose annual income is at or below 50% of Orange County median income as defined by the State of California Department of Housing and Community Development. Wetbar. A fixed installation within a dwelling unit providing cold and/or hot water to a single sink without a garbage disposal at a location other than a kitchen or laundry and may include a small counter area and space for a mini or beverage refrigerator. A wetbar area shall not include a stove, range, or similar appliance usually found in a kitchen, and if such wetbar is located in a room or a portion of a room with a stove, hot plate, range, oven or other type of kitchen facility, it shall be deemed a separate kitchen. Wetland. Lands within the coastal zone which may be covered periodically or permanently with shallow water and include salt water marshes, fresh water marshes, open or closed brackish water marshes, swamps, mudflats, and fens. Viinllow, ReEJ:uiFell. An eicterior opeuing in a habitable room meeting the area requirements of the Uniform Building Code. Yard. An open space on the same site as a structure, unoccupied and unobstructed by structures from the ground upward except as otherwise provided in this ordinance, including a front yard, side yard, or rear yard. Yard, Front. An area between the front lot line and the front setback line extending across the full width of a site. The front yard of a comer lot shall adjoin the shortest street property line along its entire length. Where one street property line is at least 75% of the length of the other street property line, the Director shall detennine the location of the front yard. 651 Yard, Rear. An area between the rear lot line and the rear setback line extending across the full width of a site. On a comer lot the rear yard shall extend only to the side yard abutting the street. Yard, Side. An area between the rear setback line and the front setback line and between the side property line and side setback line. The side yard on the street side of a corner lot shall extend to the rear lot line. I CORNER LOT EXAMPLES INTERIOR LOT EXAMPLES ODD -SHAPED LOT EXAMPLES ~-----"---- I :;; StREU fRONT YARD LEGEND ---1 BU!IDNG ~) ENVt ,l, _ _ _ {lWO OIMENS!ONJJ..} t.OfUNES 652 ORDINANCE NO. 4308 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 210 RESIDENTIAL DISTRICTS OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE (ZONING TEXT AMENDMENT NO. 23-002) WHEREAS, pursuant to the California State Planning and Zoning Law, the Huntington Beach Planning Commission and Huntington Beach City Council have held separate, duly noticed public hearings to consider Zoning Text Amendment No. 23-002, which amends Chapter 210 of the Huntington Beach Zoning and Subdivision Ordinance After due consideration of the findings and recommendations of the Planning Commission and all other evidence presented, the City Council finds that the aforesaid amendment is proper and consistent with the General Plan; NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. That Chapter 210.04 of the Huntington Beach Zoning Code 1s hereby amended to read as follows: 210.04 RL, RM, RMH, RH, and RMP Districts -Land Use Controls In the following schedules, letter designations are used as follows: "P" designates use classifications permitted in residential districts. "L" designates use classifications subject to certain limitations prescribed by the "Additional Provisions" that follow. "PC" designates use classifications permitted on approval of a conditional use permit by the Planning Commission. "ZA" designates use classifications permitted on approval of a conditional use permit by the Zoning Administrator. "TU" designates use classifications allowed upon approval of a temporary use permit by the Zoning Administrator. "Pill" designates that accessory uses are permitted, however, accessory uses are subject to approval of a conditional use permit if the primary use requires a conditional use permit. "Neighborhood Notification" refers to use classifications that require an Administrative Permit by the Director. Use classifications that are not listed are prohibited. Letters in parentheses in the "Additional Provisions" column refer to provisions following the schedule or located elsewhere 24-14077 /207726 653 ORDINANCE NO. 4308 in the zoning ordinance. Where letters in parentheses are opposite a use classification heading, referenced provisions shall apply to all use classifications under the heading. SECTION 2. That Chapter 210.06 of the Huntington Beach Zoning Code 1s hereby amended to read as follows: 210.06 RL, RM, RMH, RH, and RMP Districts-Property Development Standards A. The following schedule prescribes development standards for residential zoning districts and subdistricts designated on the zoning map. The columns establish basic requirements for permitted and conditional uses; letters in parentheses in the "Additional Provisions" column refer to "Additional Development Standards" following the schedule. B. In calculating the number of units permitted on the site, density is calculated on the basis of net site area. Fractional numbers shall be rounded down to the nearest whole number except that one dwelling unit may be allowed on a legally created lot complying with minimum lot area. All required setbacks shall be measured from ultimate right-of-way and in accordance with the definitions set forth in Chapter 203, Definitions. C. Any new parcel created pursuant to Title 25, Subdivisions, shall comply with the minimum building site requirements of the district in which the parcel is located unless approved as a part of a planned unit development. Property Development Standards for Residential Districts RMH-A Additional RL RM Subdistrict RMH RH RMP Provisions Min. Building Site 6,000 6,000 2,500 6,000 6,000 10 ac. (A)(B)(C) Width (ft.) 60 60 25 60 60 N/A Cul-de-sac frontage 45 45 -45 45 N/A Min. Setbacks (D)(Q) Front (ft.) 15 15 12 10 10 10 (E)(F) Side (ft.) 3; 5 3;5 3; 5 3; 5 3;5 -(G)(l)(J) Street Side (ft.) 6; 10 6;10 5 6; 10 6; 10 10 (H) Rear (ft.) 10 10 7.5 10 10 -( l)(J) Accessory Structure (T) Garage (K) Projections into Setbacks (L)(Q) 24-14077/331911 2 654 ORDINANCE NO. 4308 RMH-A Additional RL RM Subdistrict RMH RH RMP Provisions Max. Height (ft.) Dwellings 35 35 35 35 35 20 (M) Accessory Structures 15 15 15 15 15 15 (M)(Q) Max. Floor Area Ratio --1.0 --- (FAR) Min. Lot Area per 6,000 2,904 * 1,742 1,244 . Dwelling Unit (sq. ft.) Max. Lot Coverage (%) 50 50 50 50 50 75 (U) Min. Floor Area (N) Min. Usable Open Space (0) Accessibility within (P) Dwellings Waterfront Lots (Q) Landscaping See Ch. 232 (R) Fences and Walls See Section 230.88 Lighting (S) Residential Privacy Design (V) Standards Relocating Structures See HBMC Ch. (W) 17.28 Underground Utilities See Ch. 17.64 Screening of Mechanical See Section 230. 76 Equipment Refuse Storage Areas See Section 230.78 Antenna See Section 230.80 Performance Standards See Section 230.82 Off-Street Parking and See Ch. 231 & Section 210.12 Loading 24-14077/331911 3 655 ORDINANCE NO. 4308 RMH-A RL RM Subdistrict RMH RH Signs See Ch. 233 Nonconforming See Ch. 236 Structures Accessory Structures See Section 230.08 Notes * Lots 50 feet or less in width = 1 unit per 25 feet of frontage Lots greater than 50 feet in width= 1 unit per 1,900 square feet NI A = Not applicable RMP RL, RM, RMH, RH, and RMP Districts: Additional Development Standards (A) See Section 230.62, Building Site Required and Section 230.64, Development on Substandard Lots. (B) See Section 230.66, Development on Lots Divided by District Boundaries. Additional Provisions (C) The minimum lot area shall be 12,000 square feet for general day care, general residential care, and public or private schools, except minimum lot area for general day care in the RL district shall be one gross acre. (D) Building Separation. The minimum spacing between buildings including manufactured home units shall be 10 feet. Patio Cover Separation. The minimum separation between a detached solid patio cover post/wall and a building on the same lot is six feet. The minimum separation between a detached open lattice/trellis patio cover on a pe1manent foundation and a building may be less than six feet. The minimum separation from eave to eave shall be one foot subject to building code requirements. (E) Variable Front Setback for Multifamily Projects. Projects with more than four units in the RM District, more than eight units in the RMI-I District, or more than 14 units in the RH District shall provide a minimum setback of 15 feet from any public right-of-way. Minimum 5•0% of the garages shall be set back 20 feet from the front property line. (See Section 210.12B.) (F) Upper-Story Setbacks for Multifamily Structures. The covered portion of all stories above the second story in any multi-family structure shall be set back an average of 10 feet from the second floor front facade (see Exhibit). 24-14077/331911 4 656 Upper Story Setback (G) Interior Side Setback. ORDINANCE NO. 4308 • _ avora,ge 10· setback (I) In the RL, RM, RMH, including RMH-A subdistrict, and RH Districts, interior side Setbacks shall be minimum I 0% of lot width, but not less than three feet and need not exceed five feet, except as stated below. (2) For projects in the RM, RMH, including RMH-A subdistrict, and RH Districts adjoining an RL District, interior side setbacks shall be at least: (a) IO feet for units in single-story or two-story buildings. (b) 14 feet for units above two stories. Subject to approval of a conditional use permit, the Zoning Administrator or the Planning commission, may approve upper-story setbacks in lieu of an increased side setback if the second and third stories are set back the required distance. (H) Street Side Setbacks. (I) In the RL, RM, RMH (excluding RMH-A subdistrict), and RH districts, the street side yard shall be 20% of the lot width, minimum six feet and need not exceed IO feet. (2) In the RMH-A subdistrict, street side setback shall be minimum five feet. (3) For projects with IO or more multi-family units (including RMH-A subdistrict), the street side setback shall be the same as the front setback. (1) Building Walls Exceeding 25 Feet in Height. The required interior side or rear setback adjoining a building wall exceeding 25 feet in height, excluding any portion of a roof, and located on a lot 45 feet wide or greater, shall be increased three feet over the basic requirement. 24-14077/331911 5 657 ORDINANCE NO. 4308 (J) Zero Side or Rear Setback. (1) A zero interior side setback may be permitted provided that the opposite side setback on the same lot is minimum 20% of the lot width, not less than five feet, and need not exceed 10 feet, and shall be subject to the requirements listed in paragraph (3) of this subsection. (2) A zero rear setback may be permitted provided that the opposite rear setback for the Adjacent lot is either zero or a minimum of 10 feet, and subject to the requirements listed in paragraph (3) of this section. (3) A zero side or rear setback may be permitted subject to the following requirements: (a) The lot adjacent to the zero side or rear setback shall either be held under the same ownership at the time of application or a deed restriction or agreement approved as to form by the City Attorney shall be recorded giving written consent of the adjaeent property owner. (b) A maintenance easement, approved as to form by the City Attorney, shall be recorded between the property owner and the owner of the adjacent lot to which access is required in order to maintain and repair a zero lot line structure. Such easement shall be an irrevocable covenant running with the land. No building permits shall be issued until such recorded maintenance easement has been submitted. ( c) Separation between the proposed structure and any structure on an adjacent lot shall either be zero or a minimum of five feet. (d) No portion of the dwelling or any architectural features shall project over the property line. (e) The zero setback shall not be adjacent to a public or private right-of-way. (f) Exposure protection between structures shall be provided as specified by the Fire Department and Building Division. (4) Double zero side setbacks may be permitted for planned unit development projects subject to approval of a conditional use permit and compliance with Section 21 0. l 2(B). (K) Garage Setbacks. (I) Setbacks for the main dwelling shall apply, except as specifically stated below: (a) Front entry garage: 20 feet. (b) Side entry garage: 10 feet. ( c) Garage with alley access: 5 feet. (2) For garages with rear vehicular access from an alley and located on a lot 27 feet wide or less, the side setback adjacent to a street or another alley may be reduced to three feet. 24-14077/331911 6 658 ORDINANCE NO. 4308 (3) A minimum 25-foot turning radius is required from the garage to the opposite side of the street, alley, drive aisle or driveway. ··-··-··-.. -··-"-"I -------i i l ATTACHED FRONT ENTRY GARAGE ,.j,----<Property line -------1 Minimum 20' from -.,=,,=,,,,.,,,,,.,,,"1=,,,..,,,,,,.,,,,,.,,,i,--,L-garage to property line ~~~-'--'-c'-..._ ....... ~~ ...... !:--Sidewalk 1··-··-.. -.. -··-.. -.. -.. _,,_ .. , ATTACHED SIDE ENTRY GARAGE ..,_ ____ --t rpertyLine Minimum 10' from ~~--..-,,........-.. ___ ~.....,_...,__garage to property line l,'~fi~·n..,2"5~' -4..._ ....... _.__._ ...... _._.,_....:..'!:--... Sidewalk Radius • Allev r .. _ .. _ .. _ ... ! , ! ! ! i ..----,--_Property line -Minimum 2Y from g arage to property line on the other side of the exi,ting alley m.imum 5' from ,._,._.,_,._,., ::r:: . ' M -~ gar age to property line < ! . Property line ! GARA ! GE \vTIHL'ITRY FROM REAR ALLEY ! +--Sidewalk ......... ~-~....._St~ree-t ~~~~- (L) Pro,jections into Setbacks. (I) See Section 230.68, Building Projections into Yards. (2) Balconies and bay windows may project into required setbacks and usable open spaee areas subject to Section 230.68, provided that balconies have open railings, glass, or architectural details with openings to reduce visible bulk. Balconies composed solely of solid enclosures are not allowed to project into required setbacks. 24-14077/331911 7 659 ORDINANCE NO. 4308 (M) Height Requirements. See Section 230.70, Measurement of Height, and Section 230.72, Exceptions to Height Limits. (1) Single-family dwellings in all residential districts, except lots in the RMH-A subdistrict with less than 50 feet of frontage shall comply with the following standards: (a) Second story top plate height shall not exceed 25 feet measured from the top of the subfloor/slab directly below. (b) Roofs shall have a minimum 5/12 piteh if building height exceeds 30 feet. (c) Maximum building height for main dwellings shall be 35 feet; however, main dwellings exceeding 30 feet in height shall require approval of a conditional use permit by the Zoning Administrator. ( d) Habitable area, which includes rooftop decks and balconies, above the second story top plate line shall require approval of a conditional use permit by the Zoning Administrator. Habitable area above the second story plate line shall be within the confines of the roof volume, with the following exceptions: I. Dormers, decks and other architectural features may be permitted as vertical projections above the roof volume provided the projections are set back five feet from the building exterior and do not exceed the height limits as stated above. 2. Windows and deck areas above the second story plate line shall orient toward public rights- of-way only. 24,14077/331911 Habitable Areas are: • confined within tl1e roof volume • accessed from within the main dwelling • subject to conditi<mal use permit a1111roval D<>1'rt1crs, decks and other architectural featm·es must be setback 5' from lmilding c,xl for HABITABLE AREA ABOVt: SECOND STORY TOP.PLATE LINE FOR SINGLE FAl\>HLY D\VELLINGS IN ALL RESIDENTIAL DISTRICTS EXCEPT RMH,A SUBDISTJUCT 8 660 ORDINANCE NO. 4308 e) Access to any habitable area above the second story top plate line shall be provided within the main dwelling and shall be consistent with internal circulation. Exterior stairways between the ground floor and a habitable area above the second story plate line shall be prohibited. Two vertical cross-sections through the property (front-to-back and side-to-side) that show the relationship of each level in a new structure and new levels added to an existing structure to both existing and finished grade on the property and adjacent land within five feet of the property line shall be submitted in order to determine compliance with this subsection. (2) Single-family dwellings in the RMH-A subdistrict on lots with less than 50 feet of frontage shall comply with the following standards: (a) Second story top plate height shall not exceed 25 feet measured from the top of the subfloor/slab directly below. (b) Roofs shall have a minimum 5/12 pitch if building height exceeds 30 feet. ( c) In the front and rear 25 feet of the lot, maximum building height for all structures, including railings and architectural features, shall be 25 feet. Otherwise, maximum building height shall be 35 feet. Front Propc11y Linc Street I I I I I I I i ! I ': "' I 25' . 25' .... 25'maximum height in U1c front and rem· 25' of the lot ' ' f\. I r I .... I 3.'5' maxirnun i height at lop ! of roof 2Y I I I -. ! ' '! Rc.w ' ,, Property 25' I Lmc Maximum Building Height for Single-Family Dwellings on Lots Less Than 50 Feet Wide in RMH-A Subdistrict ( d) Access to any habitable area above the second story top plate line shall be provided within the main dwelling and shall be consistent with internal circulation. Exterior stairways between the ground floor and a habitable area above the second story plate line shall be prohibited. Two vertical cross-sections through the property (front-to-back and side-to-side) that show the relationship of each level in a new structure and new levels added to an existing structure to both 24-14077/331911 9 661 ORDINANCE NO. 4308 existing and finished grade on the property and adjacent land within 5 feet of the property line shall be submitted in order to determine compliance with this subsection. (3) Accessory Structures. See Section 230.08, Accessory Structures. Accessory structures located on projecting decks abutting a waterway shall comply with the height established in subsection (R). (4) Recreation Buildings. The maximum height ofa recreation building for multi-family, planned residential, and mobile home park projects shall be established by the conditional use permit. (N) Minimum Floor Area. Each dwelling unit in a multifamily building and attached single- family dwellings shall have the following minimum floor area. Unit Type Minimum Area (Sq. Ft.) Studio 500 One bedroom 650 Two bedrooms 900 Three bedrooms 1,100 Four bedrooms 1,300 All detached single-family dwellings shall have a minimum 1,000 square feet of floor area not including the garage and shall be a minimum of 17 feet in width. (0) Open Space Requirements. (I) The minimum open space area (private and common) for multi-family residential projects in RM, RMB, including RMB-A subdistrict, and RH Districts shall be 25% of the residential floor area per unit (excluding garages). (2) Private Open Space. (a) Private open space shall be provided in comis or balconies within which a horizontal rectangle has no dimension less than 10 feet for courts and six feet for balconies. A minimum patio area of 70 square feet shall be provided within the court. (b) The following minimum area shall be provided: 24-14077/331911 10 662 ORDINANCE NO. 4308 Minimum Area (Sq. Ft.) Units Above Unit Type Ground Floor Units Ground Floor Studio/1 bedroom 200 60 2 bedrooms 250 120 3 bedrooms 300 120 4 or more bedrooms 400 120 c) Private open space shall be contiguous to the unit and for the exclusive use of the occupants. Private open space shall not be accessible to any dwelling unit except the unit it serves and shall be physically separated from common areas by a wall or hedge exceeding 42 inches in height. ( d) A maximum of 50% of the private open space requirement, may be on open decks above the second story subject to approval of a conditional use permit by the Zoning Administrator, provided that no portion of such deck exceeds the height limit. ( e) Patio and balcony enclosures within existing planned developments or apartment complexes shall be subject to the following conditions: 1. A maximum of one enclosure per unit shall be allowed. 2. The existing balcony or patio area shall not be enlarged. 3. The balcony or patio enclosure shall comply with the current setback and height requirements for the district in which the site is located. 4. The enclosure shall consist entirely of transparent materials, i.e., no solid walls or opaque walls, except an existing solid roof may be part of the enclosure. 5. No structural change shall occur to the interface wall and doorway between the enclosure and the adjacent inside room of the building, unless the balcony/patio is replaced with equivalent unenclosed area for use as private open space. 6. The enclosed area shall be considered as private open space and may be counted toward current private open space requirements. 7. Required egress for fire escape routes shall be maintained. (3) Common Open Space. (a) Common open space, provided by interior side yards, patios, and terraces, shall be designed so that a horizontal rectangle has no dimension less than 10 feet, shall be open to the sky, and shall not include driveways, parking areas, or area required for front or street side yards. (b) Projects with more than 20 units shall include at least one amenity, such as a clubhouse, swimming pool, tennis court, volleyball court, outdoor cooking facility, or other recreation facility. 24-14077/331911 11 663 ORDINANCE NO. 4308 ( 4) The Director may allow a reduction in the open space requirement to I 0% of the livable area per unit for projects with less than IO units and located within walking distance of 1,000 feet of a public park or beach. (P) All habitable rooms in a dwelling unit must be accessible from within the dwelling. (Q) Waterfront Lots. Projecting decks, windscreens, fencing, patio covers and solariums on waterfront lots may be permitted subject to the development standards set forth in this chapter, Chapter 245, Chapter 17.24, and the following requirements: (I) Projecting Decks. Decks on waterfront lots may project five feet beyond the bulkhead provided the decks comply with the side setbacks required for the main dwelling. (2) Windscreens. Windscreens may be permitted if constructed of light-weight materials such as plastic, canvas, fiberglass, tempered glass or metal, except for necessary bracing and framing. The maximum height for windscreens shall be seven feet above the finished surface of the deck at the bulkhead line. (3) Fencing. All portions of fencing within the required rear setback area shall comply with Section 230.88 and the visibility provisions below. (4) Solariums. Solariums (patio enclosures) may project a maximum of 30 inches over the bulkhead. In all cases, the solarium shall maintain a 45 degree visibility angle as measured from the main dwelling building line extended to the side property line. The maximum height shall not exceed the top of the first floor ceiling joist. (5) Patio Covers. Patio covers (including eaves) may be permitted to project five feet into the rear yard setback; however, construction materials shall allow compliance with visibility provisions below. (6) Visibility. The portion of any windscreen, fence or patio cover in the rear yard setback or solarium above 36 inches in height shall be composed of materials and design which allow a minimum of 85% transmission of light and visibility through the structure in each direction when viewed from any angle. (7) Removal. Decks, solariums and windscreens projecting over waterways which do not comply with the above provisions may be removed by the City upon 30 days' written notice. Such projections are declared to be a privilege which can be revoked for noncompliance and not a vested right. 24-14077/331911 12 664 ORDINANCE NO. 4308 Bulkhead 21/2'M3X. "~ -~,--_--•_ .• -,.,..-_.-.·t·• J!:, -:· • • _· . . . . . . . . ,' . . .. . s· house Property line Waterfront Lot Projections (R) Landscaping. s· I min. I (1) A minimum 40% of the front yard shall be landscaped. For single-family residences in the RMH-A subdistrict, a minimum three-foot wide landscape planter along the front prope1ty line (excluding maximum five-foot-wide walkway) may be provided in lieu of the 40% requirement. A maximum 18-inch high planter wall may be constructed along the front property line. (2) All required trees specified in Chapter 232 shall be provided. (3) All subdivisions shall provide a minimum five-foot-wide landscaped area along arterial street/highway prope1ty lines. The actual required width shall be determined during the planning process. Maintenance of said landscaped area shall be by a homeowners association, property owner or other method approved by the City ofl-Iuntington Beach. (S) Lighting. A lighting system shall be provided in all multi-family projects along all vehicular accessways and major walkways. Lighting shall be directed onto the driveways and walkways within the development and away from adjacent prope1ties. A lighting plan shall be submitted for approval by the Director. (T) See Section 230.08, Accessory Structures. (U) Solid patio covers open on at least two sides may be permitted an additional five percent site coverage. Open lattice patio covers are exempted from site coverage standards. (V) Properties subject to residential privacy design standards shall: ( 1) Off-set bedroom and bathroom windows above the first floor from bedroom and bathroom windows above the first floor on existing adjacent single-family residences. 24-14077/331911 13 665 ORDINANCE NO. 4308 (2) Orient upper story balconies toward the subject home's front or rear yard areas, a public street, or permanent open space. The yard area or direction faced by the longest side of the balcony shall determine the orientation. A minimum 20-foot separation between the exterior face of the balcony or deck and the existing adjacent structure may be provided if orientation requirements cannot be met. (W) No person, firm or corporation shall move any building, structure, or portion of a building or structure into the City or relocate within the City, or cause the san1e to be done without first obtaining a separate relocation permit for each building or structure. See HBMC Chapter 17.28 - Moving Buildings. SECTION 3. This ordinance shall become effective immediately 30 days after its adoption. PASS ED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the __ day of _______ , 2024. Mayor ATTEST: City Clerk REVIEWED AND APPROVED: INITIATED AND APPROVED: City Manager 24-14077/331911 14 666 LEGISLATIVE DRAFT HBZC CHAPTER 210 Chapter 210 210.04 RL, RMH, RH, and RMP Districts -Land Use Controls In the following schedules, letter designations are used as follows: "P" designates use classifications permitted in residential districts. "L" designates use classifications subject to certain limitations prescribed by the "Additional Provisions" that follow. "PC" designates use classifications permitted on approval of a conditional use pe1mit by the P lanning Commission. "ZA'' designates use classifications pe1mitted on approval of a conditional use permit by the Zoning Administrator. "TU" designates use classifications allowed upon approval of a temporary use permit by the Zoning Administrator. "P/U" designates that accessory uses are permitted, however, accessory uses are subject to approval of a conditional use pe1mit if the primary use requires a conditional use permit. "Neighborhood Notification" refers to use classifications that require an Administrative Permit by the Director. Use classifications that are not listed are prohibited. Letters in parentheses in the "Additional Provisions" column refer to provisions following the schedule or located elsewhere in the zoning ordinance. Where letters in parentheses are opposite a use classification heading, referenced provisions shall apply to all use classifications under the heading. 210.06 RL, RMH, RH, and RMP Districts -Property Development Standards A . The following schedule prescribes development standards for residential zoning districts and subdistricts designated on the zoning map. The columns establish basic requirements for permitted and conditional uses; letters in parentheses in the "Additional Provisions" column refer to "Additional Development Standards" following the schedule. B. In calculating the number of units permitted on the site, density is calculated on the basis of net site area. Fractional numbers shall be rounded down to the nearest whole number except that one dwelling unit may be allowed on a legally created lot complying with minimum lot area. All required setbacks shall be measured from ultimate right-of-way and in accordance with the definitions set forth in Chapter 203, Definitions. 667 C . Any new parcel cre ated pursu ant to Title 25 , Subdivisions, shall comply w ith the m in imum building site requirements of the distr ict in w hich the p arc el is located unless approved as a part of a planned unit d evelopment. Property Development Standards for Residential Districts RMH-A Additional RL RM Subdistrict RMH RH RMP Provision s Min. Building S ite 6,00 0 6,000 2,500 6,000 6,000 10 ac. (A)(B)(C) W idth (ft.) 60 60 25 60 60 N I A Cul-de-sac frontage 45 45 -45 45 N I A Mi n. Setbacks (D )(R) Front (ft.) 15 15 12 10 10 10 (E)(F) Side (ft.) 3; 5 3; 5 3; 5 3; 5 3; 5 -(G)(I)(J) Street Side (ft.) 6; 10 6; 10 5 6 ; 10 6 ; 10 10 (H) Rear (ft .) 10 10 7.5 10 10 -(l)(J) A ccess ory Structure (U) Garage (K) Proj ecti ons into (L)(R) Setbacks Max. Height (ft.) Dwellings 35 35 35 35 35 20 (M) Accessory Structures 15 15 15 15 15 15 (M)(R) Max. Floor Area Ratio --1.0 -- - (FAR) Mi n. Lot Area per 6,000 2,904 * 1,742 1,244 - D welling Unit (sq . ft.) Max. Lot Coverage 50 50 50 50 50 75 (V) (%) Min. F loor Area (N) Min. Usable Open (0) Space Gei,u1s ------fP1 Accessibility within AA-ill D wellings Waterfront Lots tR:) ,(ill Landscaping See Ch. 232 ~!fil Fences and Walls See Section 230.88 Ligh t ing tB Lfil R esidential Pri vacy fWjill D esign Standards Rel ocating Structures SeeHBMC Ch . fi{HJYJ 17.28 U nder ground Utilities See Ch . 17.64 668 RMH-A RL RM Subdistrict RMH RH Screening of See Section 230.76 Mechanical Equipment Refuse Storage Areas See Section 230.78 Antenna See Section 230.80 Performance Standards See Section 230.82 Off-Street Parking and See Ch. 231 & Section 210.12 Loading Signs See Ch. 233 Nonconforming See Ch. 236 Structures Accessory Structures See Section 230.08 Notes * Lots 50 feet or less in width= I unit per 25 feet of frontage Lots greater than 50 feet in width = I unit per 1,900 square feet NI A = Not applicable Additional RMP Provisions RL, RM, RMH, RH, and RMP Districts: Additional Development Standards (A) See Section 230.62, Building Site Required and Section 230.64, Development on Substandard Lots. (B) See Section 230.66, Development on Lots Divided by District Boundaries. (C) The minimum lot area shall be 12,000 square feet for general day care, general residential care, and public or private schools, except minimum lot area for general day care in the RL district shall be one gross acre. (D) Building Separation. The minimum spacing between buildings including manufactured home units shall be IO feet. Patio Cover Separation. The minimum separation between a detached solid patio cover post/wall and a building on the same lot in six feet. The minimum separation between a detached open lattice/trellis patio cover on a permanent foundation and a building may be less than six feet. The minimum separation from eave to eave shall be one foot subject to building code requirements. (E) Variable Front Setback for Multifamily Projects. Projects with more than four units in the RM District, more than eight units in the RMH District, or more than 14 units in the RH District shall provide a minimum setback of 15 feet from any public right-of-way. Minimum 50% of the garages shall be set back 20 feet from the front property line. (See Section 21 O. I 2B.) 669 (F) Upper-Story Setbacks for Multifamily Structures. The covered portion of all stories above the second story in any multi-family structure shall be set back an average of 10 feet from the second floor front facade (see Exhibit). average 10' setback Upper Story Setback (G) Interior Side Setback. (1) In the RL, RM, RMH, including RMH-A subdistrict, and RH Districts, interior side setbacks shall be minimum 10% of lot width, but not less than three feet and need not exceed five feet, except as stated below. (2) For projects in the RM, RMH, including RMH-A subdistrict, and RH Districts adjoining an RL District, interior side setbacks shall be at least: (a) IO feet for units in single-story or two-story buildings. (b) 14 feet for units above two stories. Subject to approval of a conditional use permit, the Zoning Administrator or the Planning Commission, may approve upper-story setbacks in lieu of an increased side setback if the second and third stories are set back the required distance. (H) Street Side Setbacks. (1) In the RL, RM, RMH ( excluding RMH-A subdistrict), and RH districts, the street side yard shall be 20% of the lot width, minimum six feet and need not exceed 10 feet. (2) In the RMH-A subdistrict, street side setback shall be minimum five feet. (3) For projects with 10 or more multi-family units (including RMH-A subdistrict), the street side setback shall be the same as the front setback. 670 (I) Building Walls Exceeding 25 Feet in Height. The required interior side or rear setback adjoining a building wall exceeding 25 feet in h eight, excluding any portion of a roof, and located on a lot 45 feet wide or greater, shall be increased three feet over the basic requirement. (J) Zero Side or Rear Setback. (1) A zero interior side setback may be permitted provided that the opposite side setback on the same lot is minimum 20% of the lot width, not less than five feet, and need not exceed 10 feet, and shall be subject to the requirements listed in paragraph (3) of thi s sub section. (2) A zero rear setback may be p e1mitted prov ided that the opposite rear setback for the adjacent lot is either zero or a minimum of 10 feet, and subject to the requirements listed in paragraph (3) of this section . (3) A zero side or rear setback may be permitted subject to the fo llow ing requirements : (a) The lot adjacent to the zero side or rear setback shall either be held under the same ownership at the time of application or a deed restriction or agreement approved as to form by the City Attorney shall be recorded giving written consent of the adjacent property owner. (b) A maintenance easement, approved as to form by the City Attorney, shall be recorded between the property owner and the owner of the adjacent lot to which access is required in order to maintain and repair a zero lot line structure. Such easement shall be an irrevocable covenant running with the land. No building permits shall be issued until such recorded maintenance easement has been submitted. (c) Separation between the proposed structure and any structure on an adjacent lot shall either be zero or a minimum of five feet. (d) No portion of the dwelling or any architectural features shall project over the property line. (e) The zero setback shall not be adjacent to a public or private right-of-way. (f) Exposure protection between structures shall be provided as specified by the Fire Department and Building Division. (4) Double zero side setbacks may be permitted for planned unit development projects subject to approval of a conditional use permit and compliance with Section 2 10 .12 (8). 671 (K) Garage Setbacks. (1) Setbacks for the main dwelling shall apply, except as specifically stated below: (a) Front entry garage: 20 feet. (b) Side entry garage: 1 O feet. (c) Garage with alley access: 5 feet. (2) For garages with rear vehicular access from an alley and located on a lot 27 feet wide or less, the side setback adjacent to a street or another alley may be reduced to three feet. (3) A minimum 25-foot turning radius is required from the garage to the opposite side of the street, alley, drive aisle or driveway. 672 -----------------------. ------, ------•i l i ATTACHED FRONT ENTRY GARAGE i.-1.---.Property line ._ _____ .. ! Mininmm 20' from .....,,,=="=="'=""=""""'+r-r--garage to property line ___..___.____.___.____.___,____.__....__.__._____._---'-~ Sidewalk ~ ATTACHED SIDE ENTRY GARAGE ~_Property line Allev -:lvfinimum 2Y from garage to property line on the other side of the existing alley r,._,._,,_,,_,. ;_ .. _,, ____ ,. ::::C::Mininmin5'from ' garage to property line . --Property line GARAGE WITH ENTRY FROM REAR ALLEY +--Sidewalk 1-'-_._..____.____.__,S,.._tree__._t _._____.___,____.__._ (L) Projections into Setbacks. (1) See Section 230.68 , Building Projections into Yards . (2) Balconies and bay windows may project into required setbacks and usable open space areas subject to Section 230 .68 , provided that balconies have open railings , glass, or architectural details with openings to redu ce visible bulk . Balconies composed solely of solid enclosures are not allowed to project into required setbacks . (M) Height Requirements. See Section 230 .70 , Measurement of Height, and Section 230.72 , Exceptions to Height Limits . 673 (1) Single-family dwellings in all residential districts, except lots in the RMH-A subdistrict with less than 50 feet of frontage shall comply with the following standards: (a) Second story top plate height shall not exceed 25 feet measured from the top of the subfloor/slab directly below. (b) Roofs shall have a minimum 5/12 pitch if building height exceeds 30 feet. (c) Maximum building height for main dwellings shall be 35 feet; however, main dwellings exceeding 30 feet in height shall require approval of a conditional use permit by the Zoning Administrator. (d) Habitable area, which includes rooftop decks and balconies, above the second story top plate line shall require approval of a conditional use permit by the Zoning Administrator. Habitable area above the second story plate line shall be within the confines of the roof volume, with the following exceptions: 1. Dormers, decks and other architectural features may be permitted as vertical projections above the roof volume provided the projections are set back five feet from the building exterior and do not exceed the height limits as stated above. 2. Windows and deck areas above the second story plate line shall orient toward public rights-of-way only. 674 Habitable Areas are: • confined within the roof volume • accessed from withh1 the main dwelling • subject to conditional use pennit approval Donm,rs, decks and otht.-r architectural features must be setback 5' from building ext • or HABITABLE AREA ABOVE SECOND STORY TOP-PLATE LINE FOR SINGLE Fk'\ULY DWELLINGS IN ALL RESIDENTIAL DISTRICTS EXCEPT RMH-A SUBDISTRICT (e) Access to any habitable area above the second story top plate line shall be provided within the main dwelling and shall be consistent with internal circulation. Exterior stairways between the ground floor and a habitable area above the second story plate line shall be prohibited. Two vertical cross-sections through the property (front-to-back and side-to- side) that show the relationship of each level in a new structure and new levels added to an existing structure to both existing and finished grade on the property and adjacent land within five feet of the property line shall be submitted in order to determine compliance with this subsection. (2) Single-family dwellings in the RMH-A subdistrict on lots with less than 50 feet of frontage shall comply with the following standards: (a) Second story top plate height shall not exceed 25 feet measured from the top of the subfloor/slab directly below. (b) Roofs shall have a minimum 5/12 pitch if building height exceeds 30 feet. (c) In the front and rear 25 feet of the lot, maximum building height for all structures, including railings and architectural features, shall be 25 feet. Otherwise, maximum building height shall be 35 feet. 675 Front Property Lin e I I I ' I I I I 35 ' max im um ~ height at top I 25' maximum i Street I I I I ! I ~ :'- I height in the I 25 ' fr ont an d re ar 25' of 25 ' I Ute lot I I .... ' ! I ' ' '= ' " 2.5' 25 ' Maximum Building Height for Single-Family Dwellings on Lots Less Than 50 Feet Wide in RMH-A Subdistrict :"- I of roof ... ' Rear Property Lme (d) Access to any habitable area above the second story top plate line shall be provided within the main dwelling and shall be consistent with internal circulation . Exterior stairways between the ground floor and a habitable area above the second story plate line shall be prohibited . Two vertical cross-sections through the property (front-to-back and side-to- side) that show the relationship of each leve l in a new structure and new leve ls added to an e x isting structure to both existing and finished grade on the property and adjacent land within 5 feet of the property line shall be submitted in order to determine complian ce w ith this subsection. (3) Accessory Structures. See Section 230 .08 , Accessory Structures. Accessory structures loca ted on projecting dec ks abutting a waterway shall comply with the height established in subsection (R). (4) Recreation Buildings . The ma ximum height of a recreation building for multi - family, planned residential , and mobile home park projects shall be establ ished by the conditional use permit. (N) Minimum Floor Area. Each dwelling unit in a multifamily building and attached single-family dwellings shall have the following minimum floor are a . I U nit Type Studio M in imum A re a (Sq. Ft.) 500 676 One bedroom 650 Two bedrooms 900 Three bedrooms 1,100 Four bedrooms 1,300 All detached single-family dwellings shall have a minimum 1,000 square feet of floor area not including the garage and shall be a minimum of 17 feet in width. (0) Open Space Requirements. (1) The minimum open space area (private and common) for multi-family residential projects in RM, RMH, including RMH-A subdistrict, and RH Districts shall be 25% of the residential floor area per unit (excluding garages). (2) Private Open Space. (a) Private open space shall be provided in courts or balconies within which a horizontal rectangle has no dimension less than 10 feet for courts and six feel for balconies. A minimum patio area of 70 square feet shall be provided within the court. (b) The following minimum area shall be provided: Minimum Area (Sq. Ft.) Units Above UnitTvne Ground Floor Units Ground Floor Studio/I bedroom 200 60 2 bedrooms 250 120 3 bedrooms 300 120 4 or more bedrooms 400 120 (c) Private open space shall be contiguous to the unit and for the exclusive use of the occupants. Private open space shall not be accessible to any dwelling unit except the unit it serves and shall be physically separated from common areas by a wall or hedge exceeding 42 inches in height. (d) A maximum of 50% of the private open space requirement, may be on open decks above the second story subject to approval of a conditional use permit by the Zoning Administrator, provided that no portion of such deck exceeds the height limit. 677 (e) Patio and balcony enclosures within existing planned developments or apartment complexes shall be subject to the following conditions: 1. A maximum of one enclosure per unit shall be allowed. 2. The existing balcony or patio area shall not be enlarged. 3. The balcony or patio enclosure shall comply with the current setback and height requirements for the district in which the site is located. 4. The enclosure shall consist entirely of transparent materials, i.e., no solid walls or opaque walls, except an existing solid roof may be part of the enclosure. 5. No structural change shall occur to the interface wall and doorway between the enclosure and the adjacent inside room of the building, unless the balcony/patio is replaced with equivalent unenclosed area for use as private open space. 6. The enclosed area shall be considered as private open space and may be counted toward current private open space requirements. 7. Required egress for fire escape routes shall be maintained. (3) Common Open Space. (a) Common open space, provided by interior side yards, patios, and terraces, shall be designed so that a horizontal rectangle has no dimension less than 10 feet, shall be open to the sky, and shall not include driveways, parking areas, or area required for front or street side yards. (b) Projects with more than 20 units shall include at least one amenity, such as a clubhouse, swimming pool, tennis court, volleyball court, outdoor cooking facility, or other recreation facility. (4) The Director may allow a reduction in the open space requirement to 10% of the livable area per unit for projects with less than 1 O units and located within walking distance of 1,000 feet of a public park or beach. (P) Courts Opposite Windows in RM, RMH, and RH Districts (Excluding the RMH A Sub DistriGt). Courts shall be provided in all multi family projects in the RM, RMH, and RH Districts subject to the following requirements: (1) Courts Opposite 'Nalls on the Same Site. The minimum depth of a court shall be one half the height of the opposite wall but not less than 20 feet opposite a living 678 room and 14 feet opposite a required windmv for any other habitable room (see diagrams that follow). (2) Courts Opposite Interior Property Line. The minimum distance between a required 'llindovv of a habitable room and a property line shall be 1 O feet. (3) Court Dimensions. Courts shall be minimum 20 feet wide (minimum 10 feet on either side of the centerline of the required window) and shall be open to the sky. Eaves may project a maximum two feet into a court. 679 Living room window Section A t I I/! H...:i~\o\' 0Wosi( w,11 . ! Section H Living room Section C "'T' -,_,, --.r--- 20 ll. Not ki., th:d1 I 11 n.1 Living ~oom •'---..llr...._J ' y \\indow h/2 Section A Other room window r h ,, li\'ing room window Liviug room \\indow l ~ ft -----1>1 Section C Courts Opposite 1Jl.'imlows 20 l,..--11 &ctionB Other room window Lh·ingroom wiudow 680 (Q P) All habitable rooms in a dwelling unit must be accessible from within the dwelling. (R Q) Waterfront Lots. Projecting decks, windscreens , fencing , patio covers and solariums on waterfront lots may be permitted subject to the development standards set forth in this chapter, Chapter 245, Chapter 17 .24, and the following requirements : (1) Projecting Decks. Decks on waterfront lots may project five feet beyond the bulkhead provided the decks comply with the side setbacks required for the main dwelling. (2 ) Windscreens. Windscreens may be permitted if constructed of light-weight materials such as plastic, canvas , fiberglass , tempered glass or metal , except for necessary bracing and framing. The maximum height for windscreens shall be seven feet above the finished surface of the deck at the bulkhead line . (3) Fencing. All portions of fencing within the required rear setback area shall comply with Section 230.88 and the visibility provisions below. (4) Solariums. Solariums (patio enclosures) may project a maximum of 30 inches over the bulkhead. In all cases , the solarium shall maintain a 45 degree visibility angle as measured from the main dwelling building line extended to the side property line . The ma x imum height shall not exceed the top of the first floor ceiling joist. (5) Patio Covers . Patio covers (including eaves) may be permitted to project five feet into the rear yard setback; however, construction materials shall allow compliance with visibility provisions below. (6) Visibility. The portion of any windscreen , fence or patio cover in the rear yard setback or solarium above 36 inches in height shall be composed of materials and design which allow a minimum of 85 % transmission of light and visibility through the structure in each direction when viewed from any angle . (7) Removal. Decks , solariums and windscreens projecting over waterways which do not comply with the above provisions may be removed by the City upon 30 days' written notice. Such projections are declared to be a privilege which can be revoked for noncompliance and not a vested right. 681 house s· I min .• Property line I Waterfront Lot Projections (S R) Landscaping. (1) A minimum 40% of the front yard shall be landscaped. For single-family residences in the RMH-A subdistrict, a minimum three-foot wide landscape planter along the front property line (excluding maximum five-foot-wide walkway) may be provided in lieu of the 40% requirement. A maximum 18-inch high planter wall may be constructed along the front property line. (2) All required trees specified in Chapter 232 shall be provided . (3) All subdivisions shall provide a minimum five-foot-wide landscaped area along arterial street/highway property lines. The actual required width shall be determined during the planning process . Maintenance of said landscaped area shall be by a homeowners association, property owner or other method approved by the City of Huntington Beach . (+ S) Lighting. A lighting system shall be provided in all multi-family projects along all vehicular accessways and major walkways . Lighting shall be directed onto the driveways and walkways within the development and away from adjacent properties . A lighting plan shall be submitted for approval by the Director. (YI) See Section 230 .08 , Accessory Structures. (V-U) Solid patio covers open on at least two sides may be permitted an additional five percent site coverage. Open lattice patio covers are exempted from site coverage standards. (WV) Properties subject to residential privacy design standards shall : 682 (1) Off-set bedroom and bathroom windows above the first floor from bedroom and bathroom windows above the first floor on existing adjacent single-family residences . (2) Orient upper story balconies toward the subject home's front or rear yard areas , a public street, or permanent open space . The yard area or direction faced by the longest side of the balcony shall determine the orientation . A minimum 20- foot separation between the exterior face of the balcony or deck and the existing adjacent structure may be provided if orientation requirements cannot be met. (X W) No person , firm or corporation shall move any building, structure , or portion of a building or structure into the City or relocate within the City, or cause the same to be done without first obtaining a separate relocation permit for each building or structure. See HBMC Chapter 17.28 -Moving Buildings . 683 ORDINANCE NO. 4309 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 211 C COMMERCIAL DISTRICTS OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE (ZONING TEXT AMENDMENT NO. 23-002) WHEREAS, pursuant to the California State Planning and Zoning Law, the Huntington Beach Planning Commission and Huntington Beach City Council have held separate, duly noticed public hearings to consider Zoning Text Amendment No. 23-002, which amends Chapter 211 of the Huntington Beach Zoning and Subdivision Ordinance After due consideration of the findings and recommendations of the Planning Commission and all other evidence presented, the City Council finds that the aforesaid amendment is proper and consistent with the General Plan; NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. That Chapter 211 of the Huntington Beach Zoning Code is hereby amended to read as follows: 211.04 CO, CG, and CV Districts-Land Use Controls In the following schedules, letter designations are used as follows: "P" designates use classifications permitted in commercial districts. "L" designates use classifications subject to certain limitations prescribed by the "Additional Provisions" that follow. "PC" designates use classifications permitted on approval of a conditional use permit by the Planning Commission. "ZA" designates use classifications permitted on approval of a conditional use permit by the Zoning Administrator. "TU" designates use classifications allowed upon approval of a temporary use permit. "P/U" for an accessory use means that the use is permitted on the site of a permitted use, but requires a conditional use permit on the site of a conditional use. "Neighborhood Notification" designates use classifications that require an Administrative Permit by the Director. Use classifications that are not listed are prohibited. Letters in parentheses in the "Additional Provisions" column refer to provisions following the schedule or located elsewhere 24-14077331923 684 ORDINANCE NO. 4309 in the Zoning Ordinance. Where letters in parentheses are opposite a use classification heading, referenced provisions shall apply to all use classifications under the heading. CO, CG, and CV Districts: Land Use Controls P = Permitted L = Limited (see Additional Provisions) PC = Conditional use permit approved by Planning Commission ZA = Conditional use permit approved by Zoning Administrator TU = Temporary use permit P/U = Requires conditional use permit on site of conditional use -= Not Permitted co Residential Group Residential PC Multifamily Residential - Public and Seminublic Clubs and Lodges p Community and Human Services Drug Abuse Centers - Primary Health Care L-11 Emere.ency Kitchens - Emergency Shelters - Residential Alcohol Recoverv, General - Residential Care, General ZA Convalescent Facilities ZA Cultural Institutions L-14 Day Care, General L-3 Day Care, Large-Family p Emergency Health Care L-2 Government Offices p Heliports PC Hospitals PC Park & Recreation Facilities L-9 Public Safety Facilities ZA Religious Assembly ZA Schools, Public or Private PC Utilities, Major PC Utilities, Minor p Commercial Uses Ambulance Services - Animal Sales & Services 24-14077 /33 1871 2 CG CV PC PC -PC p - PC - L-11 - L-2 - L-2 - PC - ZA - ZA - L-14 L-14 L-3 - p - L-2 - p ZA PC PC PC - L-9 L-9 ZA ZA ZA PC PC - PC PC p p ZA - L-16 Additional Provisions (J)(Q)(R)(V) (J)(Q)(R)(V) (Y) (B) (L) (J)(Q)(R) 685 ORDINANCE NO. 4309 co CG CV Additional Provisions himal Boarding -ZA - 1imal Grooming -p - himal Hosoitals -ZA - nimals--Retail Sales -p - uestrian Centers (CG Zone) -PC -(S) t Cemeterv -PC - Artists' Studios p p p Banks and Savings & Loans p p p With Drive-Up Service p p p Building Materials and Services -p - Catering Services p p p Commercial Filming p p p (F) Commercial Recreation and Ente1iainment -PC PC (D) Communication Facilities L-13 L-13 L-13 Eatine and Drinking Establishments p p p W/Alcohol ZA ZA ZA (N) W /Drive Through -p p W/Live Ente1tainment ZA ZA ZA (W)(Y) W/Dancing PC PC PC (H) W /Outdoor Dining ZA ZA ZA (X) Food & Beverage Sales -p L-12 W/Alcoholic Beverage Sales -ZA ZA (N) Funeral & Interment Services -ZA - Laboratories L-1 L-1 - Maintenance & Repair Services -p - Marine Sales and Services -p p Nurseries -ZA - Offices, Business & Professional p p p Offices, Medical & Dental p p p Pawn Shops -ZA - Personal Enrichment Services L-10 L-10 - Personal Services p p p Research & Development Services L-1 ZA - Retail Sales -p p (U)(V) Secondhand Appliances/Clothing -p - Swap Meets, Indoor/Flea Markets -PC -(T) Swap Meets, RecmTine -ZA - Tattoo Establishments -ZA - Travel Services p p p Vehicle Equioment/Sales & Services Automobile Rentals -L-8 L-8 L-12 Automobile Washing -ZA - Commercial Parking -ZA ZA (P) Service Stations -PC PC (E) Vehicle Equin. Repair -L-5 - Vehicle Equip. Sales & Rentals ZA ZA -L-12 Vehicle Storage, lmoound Yards -PC -(AA) Vehicle Storage, Off-Site Auto Dealers -P/ZA -L-17(BB) Vehicle Storaee, Recreational Vehicles -ZA -(CC) Offices for Vehicle Equip. Sales & Rentals L-15 L-15 - 24-14077/331871 3 686 ORDINANCE NO. 4309 co CG CV Additional Provisions Visitor Accommodations Bed & Breakfast Inns ZA ZA ZA (K) Hotels, Motels -PC PC (I) Condominium-Hotel --PC (Z) Fractional Ownership Hotel Quasi Residential Timeshares -PC -(I)(J) Residential Hotel -PC -(J) Single Room Occunancy -PC - Industrial (J)(Q)(R)(V) Industry, Custom -L-6 L-6 Accessorv Uses (J)(V) Accessory Uses & Structures P/U P/U P/U Temoorary Uses (F)(J)(V) Animal Shows -TU - Circus and Carnivals and Festivals -TU - Commercial Filming, Limited -p p (M) Real Estate Sales p p p Retail Sales, Outdoor -TU TU (M) Seasonal Sales TU TU TU (M) Tent Event -p - Trade Fairs -p - Nonconformin2: Uses (G)(J)(V) CO, CG, and CV Districts: Additional Provisions L-1 Permitted if the space is 5,000 square feet or less; allowed with Neighborhood Notification pursuant to Chapter 241 if the laboratory space exceeds 5,000 square feet. L-2 Allowed with a conditional use permit from the Zoning Administrator if the space is 5,000 square feet or less; allowed with a conditional use permit from the Planning Commission if the space exceeds 5,000 square feet. (See Section 230.52, Emergency Shelters.) L-3 Allowed with a conditional use permit from the Zoning Administrator if the space is 2,500 square feet or less; allowed with a conditional use permit from the Planning Commission if the space exceeds 2,500 square feet. L-4 Reserved. L-5 Only limited facilities are allowed subject to approval of a conditional use permit from the Zoning Administrator, and body and fender shops are permitted only as part of a comprehensive automobile-service complex operated by a new vehicle dealer. 24-14077 /33 l 871 4 687 ORDINANCE NO. 4309 L-6 Only "small-scale" facilities, as described in use classifications, are permitted with a maximum seven persons employed full time in processing or treating retail products, limited to those sold on the premises. L-7 Repealed. L-8 On-site storage limited to two rental cars or two cars for lease. L-9 Public facilities permitted, but a conditional use permit from the Zoning Administrator is required for commercial facilities. L-10 Permitted if the space is 5,000 square feet or less; allowed with Administrative Permit approval if space exceeds 5,000 square feet. In addition, personal enrichment uses within a retail building parked at a ratio of one space per 200 square feet, shall require no additional parking provided the use complies with the following: • Maximum number of persons per classroom does not exceed the number of parking spaces allocated to the suite based upon the square footage of the building; and • The instruction area does not exceed 75% of total floor area of the personal enrichment building area. L-11 Permitted if the space is 5,000 square feet or less; allowed with a conditional use permit from the Zoning Administrator if the space exceeds 5,000 square feet. L-12 Permitted for existing facilities proposing to expand up to 20% of existing floor area or display area. L-13 For wireless communication facilities see Section 230.96, Wireless Communication Facilities. All other communication facilities permitted. L-14 Allowed with Neighborhood Notification pursuant to Chapter 241 if space is 5,000 square feet or less; allowed with a conditional use permit from the Planning Commission if the space exceeds 5,000 square feet. L-15 Includes businesses with the primary building use of office for vehicle retail sales and wholesale businesses which may display the maximum number of vehicles at any given time as required by the California Department of Motor Vehicles. L-16 No person shall keep or maintain upon premises owned or controlled by him or her in the City, any kennel within 200 feet of any residential use. Refer to HBMC Section 7.12.150 - Kennels. 24-14077/331871 5 688 ORDINANCE NO. 4309 L-17 Permitted pursuant to an Administrative Permit if the property is 300 feet or more from a parcel used or zoned for residential development. Permitted pursuant to a conditional use permit from the Zoning Administrator ifless than 300 feet from a parcel used or zoned for residential development. (A) Reserved. (B) See Section 230.40, Helicopter Takeoff and Landing Areas. ( C) Repealed. (D) See Section 230.38, Game Centers; Chapter 5.28, Dance Halls; Chapter 9.24, Card Rooms; Chapter 9.32, Poolrooms and Billiards; and Chapter 9.28, Pinball Machines. (E) See Section 230.32, Service Stations. (F) See Section 241.20, Temporary Use Permits. (G) See Chapter 236, Nonconforming Uses and Structures. (H) For teen dancing facilities, bicycle racks or a special bicycle parking area shall be provided. These may not obstruct either the public sidewalk or the building entry. See also Chapter 5 .28, Dancing Halls; Chapter 5 .44, Restaurants -Amusement and Entertainment Premises; and Chapter 5.70, Adult Entertainment Businesses. (I) Only permitted on a major arterial street, and a passive or active outdoor recreational amenity shall be provided. (J) In the CV District the entire ground floor area and at least one-third of the total floor area shall be devoted to visitor-oriented uses as described in the certified Local Coastal Program Land Use Plan. Any use other than visitor serving commercial shall be located above the ground level, and a conditional use permit from the Planning Commission or the Zoning Administrator is required. Any use other than visitor serving commercial uses shall only be permitted if visitor serving uses are either provided prior to the other use or assured by deed restriction as part of the development. No office or residential uses shall be pennitted in any visitor serving designation seaward of Pacific Coast Highway. (K) See Section 230.42, Bed and Breakfast Inns. (L) Collection containers are permitted in all commercial districts; recycling facilities as an accessory use to a permitted use shall be permitted upon approval by the Director with Neighborhood Notification pursuant to Chapter 241. See Section 230.44, Recycling Operations. (M) Subject to approval by the Police Depaiiment, Public Works Depmiment, Fire Depmiment and the Director. See also Section 230.86, Seasonal Sales. 24-14077/331871 6 689 ORDINANCE NO. 4309 (N) The following businesses proposing to sell alcoholic beverages for on-site or off-site consumption are exempt from the conditional use permit process: (I) Retail markets with no more than 10% of the floor area devoted to sales, display, and storage of alcoholic beverages provided the sale of alcoholic beverages is not in conjunction with the sale of gasoline or other motor vehicle fuel. (2) Restaurants, bars, and liquor stores located 300 feet or more from any R or PS district, public or private school, church, or public use. (3) Florist shops offering the sale of a bottle of an alcoholic beverage together with a floral arrangement. (0) See Section 230.46, Single Room Occupancy. (P) See Chapter 231 for temporary and seasonal parking. (Q) Development of vacant land or additions of 10,000 square feet or more in floor area; or additions equal to or greater than 50% of the existing building's floor area; or additions to buildings on sites located within 300 feet of a residential zone or use for a permitted use requires approval of a conditional use permit from the Zoning Administrator. The Community Development Director may refer any proposed addition to the Zoning Administrator if the proposed addition has the potential to impact residents or tenants in the vicinity ( e.g., increased noise, traffic). (R) Projects within 500 feet of a PS District; see Chapter 244. (S) See Section 230.48, Equestrian Centers. (T) See Section 230.50, Indoor Swap Meets/Flea Markets. (U) See Section 230.94, Carts and Kiosks. (V) In the coastal zone, the preferred retail sales uses are those identified in the visitor serving commercial land use designation which provide opportunities for visitor-oriented commercial activities including specialty and beach related retail shops, restaurants, hotels, motels, theaters, museums, and related services. (W) Non-amplified live entertainment greater than 300 feet from a residential zone or use shall be permitted without a conditional use permit. (X) Outdoor dining with alcohol sales shall be permitted with a conditional use permit from the Zoning Administrator. Outdoor dining without alcohol sales that is 400 square feet or less shall be permitted without a conditional use permit. If over 400 square feet with no alcohol sales, Neighborhood Notification shall be required pursuant to Chapter 241. 24-14077/331871 7 690 ORDINANCE NO. 4309 (Y) Neighborhood Notification requirements pursuant to Chapter 241. (Z) In the CV District, condominium-hotels and/or fract ional interest hotels are allowed only at the Pacific City (Downtown Specific Plan District 7) and Waterfront (Downtown Specific Plan District 9) sites. Refer to Downtown Specific Plan. (AA) Storage areas shall be screened from view on all sides by a so lid wall made of either block, masonry, wood, vinyl or other similar material. The wall shall not be less than six feet in height and set back a minimum 10 feet from abutting streets with the entire setback area permanently land scaped and maintained. (BB) Storage areas sha ll be screened from view on all sides adjacent to a public right-of-way by a solid wall made of either brick, bl ock, masonry, wood, vinyl or other similar material. The wall shall include a minimum ten foot return on all sides . The wall shall not be le ss than six feet in height and set back a minimum 10 feet from abutting streets with the entire setback area permanently landscaped and maintained. (CC) Storage areas shall be screened from view on all sides adjacent to a public right-of-way by a solid wall made of either block, masonry, wood, vinyl or other similar material. The wall shall include a minimum 10-foot return on all sides. The wall shall not be less than six feet in height and set back a minimum 10 feet from abutting streets with the entire setback area permanently landscaped and maintained. Screening on the remaining sides shall be evaluated based on proposed site conditions as determined during the entitlement process. SECTION 2. This ordinance shall become effective immediately 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regu lar meeting thereof held on the __ day of _______ , 2024. Mayor ATTEST: City Clerk REVIEWED AND APPROVED: INITIATED AND APPROVED: City Manager 24-14077/331871 8 691 LEGISLATIVE DRAFT HBZC CHAPTER 211 Chapter 211 211.04 CO, CG, AND CV Districts -Land Use Controls In the following schedules, letter designations are u sed as follows: "P" designates use classifications pennitted in commercial di stricts. "L" designates use classifications subject to certain limitations prescribed by the "Additional Provisions" that fo llow. "PC" designates use classifications pe1mitted on approval of a conditional use permit by the Planning Commission. "ZA'' designates use classifications permitted on a pproval of a conditional use permit by the Zoning Administrator. "TU" designates use classifications allowed upon approval of a temporary use permit. "P/U" for an accessory u se means that the use is permitted on the site of a permitted u se, but requires a conditional use permit on the site of a conditional use. Neighborhood Notificat ion" refers to u se classifications that require an Administrative Pe1mit by the Director. Use classifications that are not li sted are prohibited. Letters in parentheses in the "Additional Provisions" column refer to prov isions following the schedule or located elsewhere in the Zoning Ordinance. Where letters in parentheses are opposite a u se classification heading, referenced provision s shall apply to all u se classifications under the heading . CO, CG, and CV Districts: Land Use Controls P = Pe1mitted L = Limited (see Additional Provisions) PC = Conditional use pe1mit approved by Planning Commission ZA = Cond itional use permit approved by Zoning Administrator TU = Temporary use pe1mit P/U = Require s conditional use permit on site of conditional use -= Not Pe1mitted 692 co CG CV Additional Provisions Residential (J)(Q)(R)(V) Group Residential PC PC PC Multifamily Residential --PC Public and Seminublic (J)(Q)(R)(V) Clubs and Lodges p p - Community and Human Services Drug Abuse Centers -PC - Primary Health Care L-11 L-11 - Emergency Kitchens -L-2 - Emergency Shelters -L-2 - Residential Alcohol Recovery, General -PC - Residential Care, General ZA ZA - Convalescent Facilities ZA ZA - Cultural Institutions L-14 L-14 L-14 Dav Care, General L-3 L-3 - Day Care, Large-Familv p p -(Y) Emergency Health Care L-2 L-2 - Government Offices p p ZA Heliports PC PC PC (B) Hospitals PC PC - Park & Recreation Facilities L-9 L-9 L-9 Public Safety Facilities ZA ZA ZA Religious Assembly ZA ZA PC Schools, Public or Private PC PC - Utilities, Major PC PC PC Utilities, Minor p p p (L) Commercial Uses (J)(Q)(R) Ambulance Services -ZA - Animal Sales & Services L-16 lnimal Boardine: -ZA - lnimal Groomin2 -p - lnimal Hosnitals -ZA - lnimals-Retail Sales -p - □uestrian Centers (CG Zone) -PC -(S) et Cemetery -PC - Artists' Studios p p p Banks and Savings & Loans p p p With Drive-Up Service p p p Building Materials and Services -p - 693 co CG CV Additional Provisions Catering Services p p p Commercial Filming p p p (F) Commercial Recreation and Entertainment -PC PC (D) Communication Facilities L-13 L-13 L-13 Eatin" and Drinking Establislnnents p p p W/Alcohol ZA ZA ZA (N) W /Drive Through -p p W/Live Ente1iainment ZA ZA ZA (W)(Y) W/Dancing PC PC PC (H) W/Outdoor Dining ZA ZA ZA (X) Food & Beverag:e Sales -p L-12 W / Alcoholic Beverage Sales -ZA ZA (N) Funeral & Interment Services -ZA - Laboratories L-1 L-1 - Maintenance & Repair Services -p - Marine Sales and Services -p p Nurseries -ZA - Offices, Business & Professional p p p Offices, Medical & Dental p p p Pawn Shops -ZA - Personal Emiclnnent Services L-10 L-10 - Personal Services p p p Research & Development Services L-1 ZA - Retail Sales -p p (U)(V) Secondhand Appliances/Clothing -p - Swap Meets, Indoor/Flea Markets -PC -(T) Swap Meets, Recurring -ZA - Tattoo Establislnnents -ZA - Travel Services p p p Vehicle Equipment/Sales & Services Automobile Rentals -L-8 L-8 L-12 Automobile Washing -ZA - Commercial Pm·king -ZA ZA (P) Service Stations -PC PC (E) Vehicle Equip. Repair -L-5 - Vehicle Equip. Sales & Rentals ZA ZA -L-12 Vehicle Storage, Impound Yards -PC -(AA) Vehicle Storage, Off-Site Auto Dealers -P/ZA -L-17 (BB) Vehicle Storage, Recreational Vehicles -ZA -(CC) Offices for Vehicle Equip. Sales & Rentals L-15 L-15 - Visitor Accommodations 694 co CG CV Additional Provisions Bed & Breakfast Inns ZA ZA ZA (K) Hotels, Motels -PC PC (I) Condominium-Hotel --P C (Z) Fractional Ownership Hotel Quasi Residential Timeshares -PC -(I)(J) Residential Hotel -PC -(J) Single Room Occupancy -PC - Industrial (J)(Q)(R)(V) Industry, Cu stom -L-6 L-6 Accessory Uses (J)(V) Accessory Uses & Structures P/U P/U P/U Temporary Uses (F)(J)(V) Animal Shows -TU - Circu s and Carnivals and Festivals -TU - Commercial Fi lming, Limited -p p (M) Real Estate Sales p p p Retail Sales, Outdoor -TU TU (M) Seasonal Sales TU TU TU (M) Tent Event -p - Trade Fairs -p - N onconforming Uses (G)(J)(V) CO, CG, and CV Districts: Additional Provisions L-1 Permitted if the space is 5,000 square feet or less; allowed w ith Neighborho od Notification pursuant to Chapter 24 1 if the laboratory space exceeds 5,000 square feet. L-2 Al lowed w ith a conditional use permit from the Zoning Administrator if the space is 5 ,000 square feet or less; allowed with a conditional use permit from the Planning Commission if the space exceeds 5,000 square feet. (See Section 23 0.52, Emergency Shelter s.) L-3 Allowed with a conditional use permit from the Zoning Administrator if the space is 2,500 square feet or less; allowed with a conditional use pennit from the Planning Commission if the space exceeds 2,500 square feet. 695 L-4 Reserved. L-5 Only limited facilities are allowed subject to approval of a conditional use permit from the Zoning Administrator, and body and fender shops are pe1mitted only as pait of a comprehensive automobi le-servic e complex operated by a new vehicle dealer. L-6 Only "small-scale" facilities, as described in use classifications, are permitted with a maximum seven persons employed full time in processi ng or treating retail products, limited to those sold on the premises. L-7 Repealed . L-8 On-site storage limited to two rental cars or two cars for lease. L-9 Public facilities permitted, but a conditional use permit from the Zoning Administrator is required for commercial facilities. L-10 Permitted if the space is 5,000 square feet or less; allowed with Administrative Pe1mit approval if space exceeds 5,000 square feet. In addition, personal emichrnent uses within a retail building parked at a ratio of one space per 200 squai·e feet, shall require no additional parking provided the use complies with the following: • Maximum number of persons per classroom does not exceed the number of parking spaces allocated to the suite based upon the squai·e footage of the building; and • The instruction area does not exceed 75% of total floor area of the personal emichment building area. L-11 Permitted if the space is 5,000 square feet or less ; allowed with a conditional use permit from the Zoning Administrator if the space exceeds 5,000 squai·e feet. L-12 Permitted for ex isting facilities proposing to expand up to 20% of existing floor area or display area. L-13 For wireless communication facilities see Section 230 .96, Wireless Communication Facilities. All other communication facilities permitted. L-14 Allowed with Neighb orhood Notification pursuant to Chapter 241 if space is 5,000 square feet or le ss; a llowed with a conditional use permit from the Planning Commission if the space exceeds 5,000 square feet. L-15 Includes businesses with the primary building use of office for vehicle retail sales and wholesale businesses which may display the maximum number of vehicles at any given time as required by the California Depaitment of Motor Vehicles. 696 L-16 No person shall keep or maintain upon premises owned or controlled by him or her in the City, any kennel within 200 feet of any residential use. Refer to HBMC Section 7 .12 .150 - Kennels. L-17 Permitted pursuant to an Administrative Permit if the property is 300 feet or more from a parcel used or zoned for residential development. Permitted pursuant to a conditional use permit from the Zoning Administrator if less than 300 feet from a parcel u sed or zoned for residential development. (A) Reserved. (B) See Section 230.40, Helicopter Takeoff and Landing Areas. (C) Repealed. (D) See Section 230 .38, Game Centers; Chapter 5 .28 , Dance Halls; Chapter 9 .24, Card Rooms; Chapter 9.32, Poolrooms and Billiards; and Chapter 9.28, Pinball Machines. (E) See Section 230 .32, Service Stations. (F) See Section 24 1.20, Temporary Use Permits. (G) See Chapter 236, Nonconforming Uses and Structures. (H) For teen dancing facilities, bicycle racks or a special bicycle parking area shall be provided. These may not obstruct either the public sidewalk or the building entry. See also Chapter 5.28 , Dancing Halls; Chapter 5.44, Restaurants -Amusement and Entertainment Premises; and Chapter 5.70, Adult Ente1tainment Businesses. (I) Only permitted on a major arterial street, and a passive or active outdoor recreational amenity shall be provided. (J) In the CV District the entire ground floor area and at least one-third of the total floor area shall be devoted to visitor-oriented uses as described in the certified Local Coastal Program Land Use Plan. Any use other than visitor serving commercial shall be located above the ground level, and a conditional use permit from the Planning Commission or the Zoning Administrator is required. Any use other than visitor serving commer cial uses shall only be permitted if visitor serving uses are either provided prior to the other use or assured by deed restriction as pait of the development. No office or residential uses shall be pennitted in any visitor serving designation seaward of Pacific Coast Highway. (K) See Section 230.42, Bed and Breakfast Inns. (L) Collection containers are permitted in a ll commercial dish'icts; recycling facilities as an accessory use to a permitted use shall be permitted upon approval by the Director with Neighborhood Notification pursuant to Chapter 241. See Section 230.44, Recycling Operations. 697 (M) Subject to approval by the Police Department, Public Works Department, Fire Department and the Director. See also Section 230 .86 , Seasonal Sales. (N) The following businesses proposing to sell alcoholic beverages for on-site or off-site consumption are exempt from the conditional use permit process: (1) Retail markets with no more than 10% of the floor area devoted to sales, display, and storage of alcoholic beverages provided the sale of alcoholic beverages is not in conjunction with the sale of gasoline or other motor vehicle fuel. (2) Restaurants, bars, and liquor stores located 300 feet or more from any R or PS district, public or private school, church, or public use. (3) Florist shops offering the sale of a bottle of an alcoholic beverage together with a floral an·angement. (0) See Section 230.46 , Single Room Occupancy. (P) See Chapter 231 for temporary and seasonal parking. (Q) Development of vacant land or additions of 10,000 square feet or more in floor area ; or additions equal to or greater than 50% of the existing building's floor area; or additions to buildings on sites located within 300 feet of a residential zone or use for a permitted use requires approval of a conditional use permit from the Zoning Administrator. The Community Development Director may refer any proposed addition to the Zoning Administrator if the proposed addition has the potential to impact residents or tenants in the vicinity (e.g., increased noise, traffic). (R) Projects within 500 feet of a PS District; see Chapter 244. (S) See Section 230.48, Equestrian Centers. (T) See Section 230 .50, Indoor Swap Meets/Flea Markets. (U) See Section 230 .94 , Cruis and Kiosks. (V) In the coastal zone, the preferred retail sales uses are those identified in the visitor serving commercial land use designation which provide opp01iunities for visitor-oriented commercial activities including specialty and beach related retail shops, restaurants , hotels, motels, theaters, museums, and related services. (W) Non-amplified live ente1iainment greater than 300 feet from a residential zone or use shall be permitted without a conditional use pe1mit. (X) Outdoor dining with alcohol sales shall be permitted with a conditional use pe1mit from the Zoning Administrator. Outdoor dining without alcohol sales that is 400 square feet or less shall 698 be permitted without a conditional use permit. If over 400 square feet with no alcohol sales, Neighborhood Notification shall be required pursuant to Chapter 241. (Y) Neighborhood Notification requirements pursuant to Chapter 241. (Z) In the CV District, condominium-hotels and/or fractional interest hotels are allowed only at the Pacific City (Downtown Specific Plan District 7) and Waterfront (Downtown Specific Plan District 9) sites. Refer to Downtown Specific Plan. (AA) Storage areas shall be screened from view on all sides by a solid wall made of either block, masonry, wood, vinyl or other similar material. The wall shall not be less than six feet in height and set back a minimum 10 feet from abutting streets with the entire setback area permanently landscaped and maintained. (BB) Storage areas shall be screened from view on all sides adjacent to a public right-of-way by a solid wall made of either brick, block, masonry, wood, vinyl or other similar material. The wall shall include a minimum ten foot return on all sides. The wall shall not be less than six feet in height and set back a minimum IO feet from abutting streets with the entire setback area permanently landscaped and maintained. (CC) Storage areas shall be screened from view on all sides adjacent to a public right-of-way by a solid wall made of either block, masonry, wood, vinyl or other similar material. The wall shall include a minimum 10-foot return on all sides. The wall shall not be less than six feet in height and set back a minimum 10 feet from abutting streets with the entire setback area permanently landscaped and maintained. Screening on the remaining sides shall be evaluated based on proposed site conditions as determined during the entitlement process. 699 ORDINANCE NO. 4310 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 212 I INDUSTRIAL DISTRICTS OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE (ZONING TEXT AMENDMENT NO. 23-002) WHEREAS, pursuant to the California State Planning and Zoning Law, the Huntington Beach Planning Commission and Huntington Beach City Council have held separate, duly noticed public hearings to consider Zoning Text Amendment No. 23-002, which amends Chapter 212 of the Huntington Beach Zoning and Subdivision Ordinance After due consideration of the findings and recommendations of the Planning Commission and all other evidence presented, the City Council finds that the aforesaid amendment is proper and consistent with the General Plan; NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as follows: SECTION I. That Chapter 212 of the Huntington Beach Zoning Code is hereby amended to read as follows: 212.04 JG, IL, and RT Districts -Land Use Controls In the following schedules, letter designations are used as follows: "P" designates use classifications permitted in commercial districts. "L" designates use classifications subject to ce1iain limitations prescribed by the "Additional Provisions" that follow. "PC" designates use classifications permitted on approval of a conditional use permit by the Planning Commission. "ZA" designates use classifications permitted on approval of a conditional use permit by the Zoning Administrator. "TU" designates use classifications allowed upon approval of a temporary use permit. "P/U" for an accessory use means that the use is permitted on the site of a permitted use, but requires a conditional use permit on the site of a conditional use. "Neighborhood Notification" designates use classifications that require an Administrative Permit by the Director. Use classifications that are not listed are prohibited. Letters in parentheses in the "Additional Provisions" column refer to provisions following the schedule or located elsewhere 24-14077331923 700 ORDINANCE NO. 4310 in the Zoning Ordinance. Where letters in parentheses are opposite a use classification heading, referenced provisions shall apply to all use classifications under the heading. CO, CG, and CV Districts: Land Use Controls P = Permitted L = Limited (see Additional Provisions) PC = Conditional use permit approved by Planning Commission ZA = Conditional use permit approved by Zoning Administrator TU = Temporary use permit P/U ;::: Requires conditional use permit on site of conditional use -= Not Permitted co Residential Group Residential PC Multifamilv Residential - Public and Semipublic Clubs and Lodees p Community and Human Services Drug Abuse Centers - Primary Health Care L-11 Emergencv Kitchens - Emergency Shelters - Residential Alcohol Recovery, General - Residential Care, General ZA Convalescent Facilities ZA Cultural Institutions L-14 Day Care, General L-3 Day Care, Large-Familv p Emergency Health Care L-2 Government Offices p Helip01ts PC Hospitals PC Park & Recreation Facilities L-9 Public Safety Facilities ZA Religious Assembly ZA Schools, Public or Private PC Utilities, Maior PC Utilities, Minor p Commercial Uses Ambulance Services - Animal Sales & Services 24-14077 /33] 925 2 CG CV PC PC -PC p - PC - L-11 - L-2 - L-2 - PC - ZA - ZA - L-14 L-14 L-3 - p - L-2 - p ZA PC PC PC - L-9 L-9 ZA ZA ZA PC PC - PC PC p p ZA - L-16 Additional Provisions ( J)( Q)(R )(V) (J)(Q)(R)(V) (Y) (B) (L) (J)(Q)(R) 701 ORDINANCE NO. 4310 co CG CV Additional Provisions nimal Boarding -ZA - nimal Grooming -p - nimal Hospitals -ZA - nimals-Retail Sales -p - uestrian Centers (CG Zone) -PC -(S) t Cemetery -PC - Artists' Studios p p p Banks and Savings & Loans p p p With Drive-Up Service p p p Building Materials and Services -p - Catering Services p p p Commercial Filming p p p (F) Commercial Recreation and Entertainment -PC PC (D) Communication Facilities L-13 L-13 L-13 Eating and Drinking Establishments p p p W/Alcohol ZA ZA ZA (N) W /Drive Through -p p W/Live Ente11ainment ZA ZA ZA (W)(Y) W/Dancine PC PC PC (H) W/Outdoor Dinine ZA ZA ZA (X) Food & Beverage Sales -p L-12 W/Alcoholic Beverage Sales -ZA ZA (N) Funeral & Interment Services -ZA - Laboratories L-1 L-1 - Maintenance & Repair Services -p - Marine Sales and Services -p p Nurseries -ZA - Offices, Business & Professional p p p Offices, Medical & Dental p p p Pawn Shoos -ZA - Personal Enrichment Services L-10 L-10 - Personal Services p p p Research & Development Services L-1 ZA - Retail Sales -p p (U)(V) Secondhand Annliances/Clothing -p - Swap Meets, Indoor/Flea Markets -PC -(T) Swap Meets, Recurring -ZA - Tattoo Establishments -ZA - Travel Services p p p Vehicle Equipment/Sales & Services Automobile Rentals -L-8 L-8 L-12 Automobile Washing -ZA - Commercial Parking -ZA ZA (P) Service Stations -PC PC (E) Vehicle Equip. Reoair -L-5 - Vehicle Eauio. Sales & Rentals ZA ZA -L-12 Vehicle Storage, Impound Yards -PC -(AA) Vehicle Storage, Off-Site Auto Dealers -P/ZA -L-17 (BB) Vehicle Storage, Recreational Vehicles .. ZA -(CC) Offices for Vehicle Eouip. Sales & Rentals L-15 L-15 - 24-14077/331925 3 702 ORDINANCE NO. 4310 co CG CV Additional Provisions Visitor Accommodations Bed & Breakfast Inns ZA ZA ZA (K) Hotels, Motels -PC PC (J) Condominium-Hotel --PC (Z) Fractional Ownership Hotel Quasi Residential Timeshares -PC -(I)(J) Residential Hotel -PC -(J) Single Room Occupancy -PC - Industrial (J)(Q)(R)(V) Industry, Custom -L-6 L-6 Accessorv Uses (J)(V) Accessorv Uses & Structures P/U P/U P/U Temoorarv Uses (F)(J)(V) Animal Shows -TU - Circus and Carnivals and Festivals -TU - Commercial Filming, Limited -p p (M) Real Estate Sales p p p Retail Sales, Outdoor -TU TU (M) Seasonal Sales TU TU TU (M) Tent Event -p - Trade Fairs -p - Nonconformin2: Uses (G)(J)(V) CO, CG, and CV Districts: Additional Provisions L-1 Permitted if the space is 5,000 square feet or less; allowed with Neighborhood Notification pursuant to Chapter 241 if the laboratory space exceeds 5,000 square feet. L-2 Allowed with a conditional use permit from the Zoning Administrator if the space is 5,000 square feet or less; allowed with a conditional use permit from the Planning Commission if the space exceeds 5,000 square feet. (See Section 230.52, Emergency Shelters.) L-3 Allowed with a conditional use permit from the Zoning Administrator if the space is 2,500 square feet or less; allowed with a conditional use permit from the Planning Commission if the space exceeds 2,500 square feet. L-4 Reserved. L-5 Only limited facilities are allowed subject to approval of a conditional use permit from the Zoning Administrator, and body and fender shops are permitted only as part of a comprehensive automobile-service complex operated by a new vehicle dealer. 24-14077/33 ]925 4 703 ORDINANCE NO. 4310 L-6 Only "small-scale" facilities, as described in use classifications, are permitted with a maximum seven persons employed full time in processing or treating retail products, limited to those sold on the premises. L-7 Repealed. L-8 On-site storage limited to two rental cars or two cars for lease. L-9 Public facilities permitted, but a conditional use permit from the Zoning Administrator is required for commercial facilities. L-10 Permitted if the space is 5,000 square feet or less; allowed with Administrative Pennit approval if space exceeds 5,000 square feet. In addition, personal enrichment uses within a retail building parked at a ratio of one space per 200 square feet, shall require no additional parking provided the use complies with the following: • Maximum number of persons per classroom does not exceed the number of parking spaces allocated to the suite based upon the square footage of the building; and • The instruction area does not exceed 75% of total floor area of the personal enrichment building area. L-11 Permitted if the space is 5,000 square feet or less; allowed with a conditional use permit from the Zoning Administrator if the space exceeds 5,000 square feet. L-12 Permitted for existing facilities proposing to expand up to 20% of existing floor area or display area. L-13 For wireless communication facilities see Section 230.96, Wireless Communication Facilities. All other communication facilities permitted. L-14 Allowed with Neighborhood Notification pursuant to Chapter 241 if space is 5,000 square feet or less; allowed with a conditional use permit from the Planning Commission if the space exceeds 5,000 square feet. L-15 Includes businesses with the primary building use of office for vehicle retail sales and wholesale businesses which may display the maximum number of vehicles at any given time as required by the California Department of Motor Vehicles. L-16 No person shall keep or maintain upon premises owned or controlled by him or her in the City, any kennel within 200 feet of any residential use. Refer to HBMC Section 7 .12.150 - Kennels. 24-14077 /331925 5 704 ORDINANCE NO. 4310 L-17 Permitted pursuant to an Administrative Permit if the property is 300 feet or more from a parcel used or zoned for residential development. Permitted pursuant to a conditional use permit from the Zoning Administrator if less than 300 feet from a parcel used or zoned for residential development. (A) Reserved. (B) See Section 230.40, Helicopter Takeoff and Landing Areas. (C) Repealed. (D) See Section 230.38, Game Centers; Chapter 5.28, Dance Halls; Chapter 9.24, Card Rooms; Chapter 9.32, Poolrooms and Billiards; and Chapter 9.28, Pinball Machines. (E) See Section 230.32, Service Stations. (F) See Section 241.20, Temporary Use Permits. (G) See Chapter 236, Nonconforming Uses and Structures. (H) For teen dancing facilities, bicycle racks or a special bicycle parking area shall be provided. These may not obstruct either the public sidewalk or the building entry. See also Chapter 5.28, Dancing Halls; Chapter 5.44, Restaurants -Amusement and Entertainment Premises; and Chapter 5.70, Adult Entertainment Businesses. (I) Only permitted on a major arterial street, and a passive or active outdoor recreational amenity shall be provided. (J) In the CV District the entire ground floor area and at least one-third of the total floor area shall be devoted to visitor-oriented uses as described in the certified Local Coastal Program Land Use Plan. Any use other than visitor serving commercial shall be located above the ground level, and a conditional use permit from the Planning Commission or the Zoning Administrator is required. Any use other than visitor serving commercial uses shall only be permitted if visitor serving uses are either provided prior to the other use or assured by deed restriction as part of the development. No office or residential uses shall be permitted in any visitor serving designation seaward of Pacific Coast Highway. (K) See Section 230.42, Bed and Breakfast Inns. (L) Collection containers are pe1mitted in all commercial districts; recycling facilities as an accessory use to a permitted use shall be permitted upon approval by the Director with Neighborhood Notification pursuant to Chapter 241. See Section 230.44, Recycling Operations. (M) Subject to approval by the Police Department, Public Works Department, Fire Department and the Director. See also Section 230.86, Seasonal Sales. 24-14077 /331925 6 705 ORDINANCE NO. 4310 (N) The following businesses proposing to sell alcoholic beverages for on-site or off-site consumption are exempt from the conditional use permit process: (I) Retail markets with no more than 10% of the floor area devoted to sales, display, and storage of alcoholic beverages provided the sale of alcoholic beverages is not in conjunction with the sale of gasoline or other motor vehicle fuel. (2) Restaurants, bars, and liquor stores located 300 feet or more from any R or PS district, public or private school, church, or public use. (3) Florist shops offering the sale of a bottle of an alcoholic beverage together with a floral arrangement. (0) See Section 230.46, Single Room Occupancy. (P) See Chapter 231 for temporary and seasonal parking. (Q) Development of vacant land or additions of 10,000 square feet or more in floor area; or additions equal to or greater than 50% of the existing building's floor area; or additions to buildings on sites located within 300 feet of a residential zone or use for a permitted use requires approval of a conditional use permit from the Zoning Administrator. The Community Development Director may refer any proposed addition to the Zoning Administrator if the proposed addition has the potential to impact residents or tenants in the vicinity ( e.g., increased noise, traffic). (R) Projects within 500 feet of a PS District; see Chapter 244. (S) See Section 230.48, Equestrian Centers. (T) See Section 230.50, Indoor Swap Meets/Flea Markets. (U) See Section 230.94, Carts and Kiosks. (V) In the coastal zone, the preferred retail sales uses are those identified in the visitor serving commercial land use designation which provide opportunities for visitor-oriented commercial activities including specialty and beach related retail shops, restaurants, hotels, motels, theaters, museums, and related services. (W) Non-amplified live entertainment greater than 300 feet from a residential zone or use shall be permitted without a conditional use permit. (X) Outdoor dining with alcohol sales shall be permitted with a conditional use permit from the Zoning Administrator. Outdoor dining without alcohol sales that is 400 square feet or less shall be permitted without a conditional use permit. If over 400 square feet with no alcohol sales, Neighborhood Notification shall be required pursuant to Chapter 241. 24-14077/331925 7 706 ORDINANCE NO. 4310 (Y) Neighborhood Notification requirements pursuant to Chapter 241. (Z) In the CV District, condominium-hotels and/or fractional interest hotels are allowed only at the Pacific City (Downtown Specific Plan District 7) and Waterfront (Downtown Specific Plan District 9) sites. Refer to Downtown Specific Plan. (AA) Storage areas shall be screened from view on all sides by a solid wall made of either block, masonry , wood, vinyl or other similar material. The wall shall not be less than six feet in height and set back a minimum 10 feet from abutting streets with the entire setback area permanently landscaped and maintained. (BB) Storage areas shall be screened from view on all sides adjacent to a public right-of-way by a solid wall made of either brick, b lo ck, masonry, wood, viny l or other similar material. The wall shall include a minimum ten foot return on all sides. The wall shall not be less than six feet in height and set back a minimum l O feet from abutting streets w ith the entire setback area permanently landscaped and maintained. (CC) Storage areas shall be screened from view on all sides adjacent to a public right-of-way by a solid wall made of either block, masonry, wood, vinyl or other simi lar material. The wall shall include a minimum l 0-foot return on all sides. The wall shall not be less than six feet in height and set back a minimum 10 feet from abutting streets with the entire setback area permanently landscaped and maintained. Screening on the remaining sides shall be evaluated based on proposed site conditions as determined during the entitlement process. SECTION 2. This ordinance shall become effective immediately 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the __ day of _______ , 2024. Mayor ATTEST: City Clerk REVIEWED AND APPROVED: INITIATED AND APPROVED: City Manager {/Jf;~ Dire~f Community Development 24-1 4077 /3 3 1925 8 707 LEGISLATIVE DRAFT HBZC CHAPTER 212 Chapter 212 212.04 IG, IL, and RT Districts -Land Use Controls In the following schedules, letter designations ar e used as follows: "P" designates use classifications pennitted in the Industrial Districts. "L" designates use classifications subject to certain limitations prescribed by the "Additional Provisions" which follow . "PC" designates use classifications permitted on approval of a conditional use pe1mit by the Planning Commission. "ZA" designates use classifications permitted on approval of a conditional use pe1mit by the Zoning Administrator. "TU" designates use classifications allowed upon approval of a temporary use permit by the Zoning Administrator. "P/U" for an accessory use means that the use is pe1mitted on the site of a pe1mitted use, but requires a conditional use permit on the site of a conditional use. ''Neighborhood Notification" refers to use classifications that require an Administrative Pe1mit by the Director. Use classifications that are not listed are prohibited. Letters in parentheses in the "Additional Provisions" column refer to requirements following the schedule or located elsewhere in this zoning code. Where letters in parentheses are opposite a use classification heading, referenced provisions shall apply to all use classifications under the heading. JG, IL, and RT Districts: Land Use Controls P = Permitted L = Limited (see Additional Provisions) PC = Conditional use pe1mit approved by Planning Commission ZA = Conditional use permit approved by Zoning Administrator TU= Temporary use permit P/U = Requires conditional use pe1mit on site of conditional use -= Not Permitted 708 Additional IG IL RT Provisions Residential Groun Residential PC PC PC (I) Public and Seminublic (A)(L) Conununity and Human Service Facilities p p p (K) Dav Care, General ZA ZA ZA Heliports PC PC PC (N) Maintenance & Service Facilities ZA ZA ZA Public Safety Facilities p p p Religious Assembly ZA ZA ZA Schools, Public or Private L-6 L-6 L-6 Utilities, Major PC PC PC Utilities, Minor L-7 L-7 L-7 (0) Commercial Uses (D)(L) Ambulance Services ZA ZA ZA Animal Sales and Services Animal Boarding ZA ZA ZA Animal Hospitals ZA ZA ZA Artists' Studios p p p Banks and Savings and Loans L-1 L-1 L-1 Building Materials and Services p p p Catering Services -p p Conunercial Filming ZA ZA ZA Conunercial Recreation and Entertainment L-2 L-2 PC Communication Facilities L-12 L-12 L-12 Eating & Drinking Establishments L-2 L-2 L-2 w/Live Entertainment ZA ZA ZA (R) w/Alcohol ZA ZA ZA Food & Beverage Sales ZA ZA ZA Hospitals and Medical Clinics -PC PC Laboratories p p p Maintenance & Repair Services p p p Marine Sales and Services p p p Nurseries p p p Offices, Business & Professional L-10 L-10 L-10 (C) Personal Enrichment L-9 L-9 L-9 Personal Services L-1 L-1 L-1 Quasi-Residential PC PC PC (J) Research & Develonment Services p p p 709 Additional IG IL RT Provisions Sex-Oriented Businesses (regulated by Ch. L-11 L-11 5.70) L-11 Sex-Oriented Businesses (regulated by Ch. PC PC (Q) 5.60) PC Swap Meets, Indoor/Flea Markets PC PC PC (P) Vehicle/Eauinment Sales & Services Service Stations L-4 L-4 L-4 Vehicle/Eauipment Repair p p p Vehicle/Equipment Sales/Rentals L-5 L-5 L-5 Vehicle Storage, Impound Yards PC PC PC (T) Vehicle Storage, Off-Site Auto Dealers P/ZA P/ZA P/ZA (H)(U)(W) Vehicle Storage, Recreational Vehicles P/ZA P/ZA P/ZA (H)(V) Visitor Accommodations ZA ZA ZA Warehouse and Sales Outlets L-8 L-8 L-8 Industrial {See Chanter 204) (B)(L)(M) Industrv, Custom p p p Industry, General p p p Industry, Limited p p p Industry, R & D p p p Wholesaling, Distribution & Storage 150,000 square feet or less p p p Greater than 150,000 square feet p p ZA RT Flex Snace --p Alcoholic Beverage Manufacturing p p p (L-13) Accessorv Uses Accessory Uses and Structures P/U P/U P/U (C) Temoorarv Uses Commercial Filming, Limited p p p (S) Real Estate Sales p p p Trade Fairs p p p (E) Nonconformine: Uses (F) IG, IL, and RT Districts: Additional Provisions L-1 Only allowed upon approval of a conditional use permit by the Zoning Administrator for a mixed use project, subject to the following requirements: 710 A. Minimum site area: three acres. B . Maximum commercial space: 35% of the gross floor area and 50% of the ground floor area of buildings fronting on an aiierial highway. C. Phased development: 25% of the initial phase must be designed for industrial occupancy. For projects over 500,000 square feet, the initial phase must include five percent of the total amount of industrial space or 50,000 squai·e feet of industrial space, whichever is greater. L-2 Permitted only when designed and operated for principal use by employees of the stmounding industrial development as an ancillai-y use to a primary industrial use. When designed for general public use, pe1mitted after considering vehicular access and complying with minimum pai·king requirements. L-3 Reserved. L-4 Only fueling stations offering services primarily oriented to businesses located in an Industrial District ai·e allowed with a conditional use permit by the Planning Commission. L-5 No new or used automobile, truck or motorcycle retail sales are permitted. L-6 Only schools offering higher education curriculums are allowed with conditional use permit approval by the Planning Commission. No elementary or secondary schools are permitted. L-7 Recycling operations as an accessory use are permitted if more than 150 feet from R districts; recycling operations as an accessory use less than 150 feet from R districts or recycling operations as a primary use ai·e allowed upon approval of a conditional use permit b y the Zoning Administrator. See Section 230.44 , Recycling Operations. L-8 Allowed upon conditional use permit approval by the Planning Commission when a single building with a minimum ai·ea of 100,000 square feet is proposed on a site fronting an arterial. The primary tenant shall occupy a minimum 95% of the floor area and the remaining 5% may be occupied by secondary tenants. L-9 Permitted if the space is 5,000 squai-e feet or less; allowed by conditional use permit from the Zoning Administrator if the space is over 5,000 squai·e feet. L-10 Accessory administrative, management, regional or headquarters offices incidental to a primai·y industrial use within the IG and IL Districts me limited to 10% of the floor area of the primai·y industrial use. Accessory office uses incidental to a primary use within the RT District are limited to 30% of the floor ai-ea of the primai-y u se. Accessory office spaces exceeding the limits above shall require a conditional use permit to the Zoning Administrator supported by a parking demand study for all uses on site. 711 Medical/dental offices, insurance brokerage offices, and real estate brokerage offices, except for on-site leasing offices, are not permitted in any Industrial District. L-11 Allowed subject to the following requirements: A. A proposed sex-oriented business shall be at least 500 feet from any residential use, school, park and recreational facility, or any building used for religious assembly (collectively referred to as a "sensitive use") and at least 750 feet from another sex-oriented business. For purposes of these requirements, all distances shall be measured from the lot line of the proposed sex-oriented business to the lot line of the sensitive use or the other sex-oriented business. The term "residential use" means any property zoned RL, RM, RMH, RH, RMP, and any properties with equivalent designations under any specific plan. To determine such distances the applicant shall submit for review a straight line drawing depicting the distances from the lot line of the parcel of land on which the sex-oriented business is proposed which includes all the proposed parking and: I. The lot line of any other sex-oriented business within 750 feet of the lot line of the proposed sex-oriented business; and 2. The lot line of any building used for religious assembly, school, or park and recreational facility within 500 feet of the lot line of the proposed sex-oriented business; and 3. The lot line of any parcel of land zoned RL, RM, RMH, RH, and RMP and any parcels ofland with equivalent designations under any specific plans within 500 feet of the lot line of the proposed sex-oriented business. B. The front fa<;:ade of the building, including the entrance and signage, shall not be visible from any major, primary or secondary arterial street as designated by the circulation element of the General Plan adopted May 1996, with the exception of Argosy Drive. C. Prior to or concurrently with applying for a building permit and/or a certificate of occupancy for the building, the applicant shall submit application for Community Development Department staff review ofa sex-oriented business zoning permit with the drawing described in subsection A, a technical site plan, floor plans and building elevations, and application fee. Within IO days of submittal, the Director shall determine if the application is complete. If the application is deemed incomplete, the applicant may resubmit a completed application within IO days. Within 30 days of receipt of a completed application, the Director shall determine if the application complies with the applicable development and performance standards of the Huntington Beach Zoning and Subdivision Ordinance. Said standards include but are not limited to the following: I. Chapter 203, Definitions; Chapter 212, Industrial Districts; Chapter 230, Site Standards; Chapter 231, Off-Street Parking and Loading Provisions; Chapter 232, Landscape Improvements; and Chapter 236, Nonconforming Uses and Structures. 712 2. Section 233.08(B), Signs. Signage shall conform to the standards of the Huntington Beach Zoning and Subdivision Ordinance except: a. Such signs shall contain no suggestive or graphic language, photographs, silhouettes, drawings, statues, monuments , sign shapes or sign projections, or other graphic representations, whether clothed or unclothed, including without limitation representations that depict "specified anatomical areas" or "specified sexual activities"; and b. Only the smallest of the signs permitted under Section 233.08 (B) shall be visible from any major, primary or secondary arterial street, such streets shall be those designated in the circulation element of the General Plan adopted May 1996, with the exception of Argosy Drive. 3. Compliance with Huntington Beach Municipal Code Chapter 5 .70 . D. The Director shall grant or deny the application for a sex-oriented business zoning pe1mit for a sex-oriented business. There shall be no administrative appeal from the granting or denial of a permit application thereby pe1mitting the applicant to obtain prompt judicial review. E. Ten working days prior to submittal of an application for a sex-oriented business zoning permit for staff review, the applicant shall: (1) cause notice of the application to be printed in a newspaper of general circulation; and (2) give mailed notice of the application to prope1ty owners within 1,000 feet of the proposed location of the sex-oriented business; and (3) the City of Huntington Beach, Department of Community Development by first class mail. The notice of application shall include the following: 1. Name of applicant; 2. Location of proposed sex-oriented business, including street address (if known) and/or lot and tract number; 3. Nature of the sex-oriented business, including maximum height and square footage of the proposed development; 4. The City Hall telephone number for the Department of Community Development to call for viewing p lans; 5. The date by which any comments must be received in writing by the Department of Community Development. This date shall be 10 working days from staff review submittal; and 6. The address of the Department of Community Development. 713 F . A sex-oriented business may not apply for a variance pursuant to Chapter 241 nor a special sign permit pursuant to Chapter 233. G. A sex-oriented business zoning permit shall become null and void one year after its date of approval unless: 1. Construction has commenced or a certificate of occupancy has been issued, whichever comes first; or 2. The use is established. H. The validity of a sex-oriented business zoning pem1it shall not be affected b y changes in ownership or proprietorship provided that the new owner or proprietor promptly notifies the Director of the transfer . I. A sex-oriented business zoning permit shall lapse if the exercise ofrights granted by it is discontinued for 12 consecutive months. L-12 For wireless communication facilities see Section 230.96, Wireless Communication Facilities. All other communication facilities permitted. L-13 Alcoholic Beverage Manufacturing Requirements. 1. Alcoholic Beverage Manufacturing uses without eating and drinking for public sales or service are permitted. 2. A maximum 1,000 square feet of indoor and/or outdoor eating and drinking area per business shall be permitted through an Administrative Permit with Neighborhood Notification pursuant to Chapter 241 . 3 . Indoor and/or outdoor eating and drinking areas greater than 1,000 square feet p er business shall require a conditional use permit by the Zoning Administrator. (A) Repealed . (B) A conditional use permit from the Zoning Administrator is required for any new use or enlargement of an existing use, or exterior alterations and additions for an existing use located within 150 feet of an R di strict. The Director may waive this requirement if there is no substantial change in the character of the use which would affect adjacent residential prope1iy in an R District. (C) Accessory office uses greater than the maximum allowable percentage of the floor area of the primary industrial u se shall require a conditional use pe1mit from the Zoning Administrator and a parking demand study demonstrating the adequate provision of on-site parking for all uses contained onsite. 714 (D) In IG and IL Districts only, commercial space excluding business and professional office, not to exceed 25% of the floor area of the primary industrial use, is allowed with a conditional use permit from the Zoning Administrator, provided that it is intended primarily to serve employees of the industrial use, no exterior signs advertise the adjunct use, the adjunct use is physically separated from the primary industrial use, and the primary industrial fronts on an aiterial. (E) See Section 241.22, Temporary Use Pe1mits . (F) See Chapter 236, Nonconforming Uses and Structures. (G) Reserved. (H) Pe1mitted pursuant to an Administrative Permit if the property is 300 feet or more from a parcel used or zoned for residential development. Pe1mitted pursuant to a conditional use permit from the Zoning Administrator if less than 300 feet from a pai·cel used or zoned for residential development. (I) Limited to facilities serving workers employed on-site. (J) Limited to single room occupancy uses. (See Section 230.46 .) (K) Limited to emergency shelters. (See Section 230 .52, Emergency Shelters.) (L) Development of vacant land and/or additions of 10,000 square feet or more in floor area; or additions equal to or greater than 50% of the existing building's floor area; or additions to buildings on sites located within 300 feet of a residential zone or use for a pe1mitted use requires approval of a conditional use permit from the Zoning Administrator. The Community Development Director may refer any proposed addition to the Zoning Administrator if the proposed addition has the potential to impact residents or tenants in the vicinity (e.g., increased noise, traffic). (M) Major outdoor operations require conditional use pe1mit approval by the Planning Commission. Major outside operations include storage yards and uses utilizing more than one-third of the site for outdoor operation. (N) See Section 230.40, Helicopter Takeoff and Landing Areas. (0) See Section 230.44, Recycling Operations. (P) See Section 23 0 .50 , Indoor Swap Meets/Flea Mai·kets. (Q) See L-11 (A) relating to locational restrictions. 715 (R) Non-amplified live entertainment greater than 300 feet from a residential zone or use shall be permitted without a conditional use pe1mit. Neighborhood Notification requirements when no entitlement required pursuant to Chapter 241. (S) Subject to approval by the Police Department, Public Works Department, and Fire Department and the Community Development Director. (T) In all districts, storage areas shall be screened from view on all sides by a solid wall made of either block, masonry, wood, vinyl or other similar material. The wall shall not be less than six feet in height and set back a minimum 10 feet from abutting streets with the entire setback area permanently landscaped and maintained. (U) In all districts, storage areas shall be screened from view on all sides adjacent to a public right-of-way by a solid wall made of either brick, block, masonry, wood, vinyl or other similar material. The wall shall include a minimum 10-foot return on all sides. The wall shall not be less than six feet in height and set back a minimum 10 feet from abutting streets with the entire setback area pe1manently landscaped and maintained. (V) In all districts, storage areas shall be screened from view on all sides adjacent to a public right-of-way by a solid wall made of either block, masonry, wood, vinyl or other similar material. The wall shall include a minimum ten foot return on all sides. The wall shall not be less than six feet in height and set back a minimum 10 feet from abutting streets with the entire setback area permanently landscaped and maintained. Screening on the remaining sides shall be evaluated based on proposed site conditions as determined during the entitlement process . (W) Auto storage uses on public agency owned property shall be permitted by right pursuant to submittal of a Parking Area Plan. See Section 23 1.26. 716 ORDINANCE NO. 4311 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 218 M MIXED USE-TRANSIT CENTER DISTRICT OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE (ZONING TEXT AMENDMENT NO. 23-002) WHEREAS, pursuant to the California State Planning and Zoning Law, the Huntington Beach Planning Commission and Huntington Beach City Council have held separate, duly noticed public hearings to consider Zoning Text Amendment No. 23-002, which amends Chapter 218 of the Huntington Beach Zoning and Subdivision Ordinance After due consideration of the findings and recommendations of the Planning Commission and all other evidence presented, the City Council finds that the aforesaid amendment is proper and consistent with the General Plan; NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. That Chapter 218 of the Huntington Beach Zoning Code is hereby amended to read as follows: 218.04 MU-TC District-Land Use Controls In the following schedules, letter designations are used as follows: "P" designates use classifications permitted in MU-TC district. "PC" designates use classifications permitted on approval of a conditional use permit by the Planning Commission. "ZA" designates use classifications permitted on approval of a conditional use permit by the Zoning Administrator. '"Neighborhood Notification" designates use classification that require an Administrative Permit by the Director. Use classifications that are not listed are prohibited. Letters in parentheses in the "Additional Provisions" column refer to provisions following the schedule or located elsewhere in the Zoning Ordinance. Where letters in parentheses are opposite a use classification heading, referenced provisions shall apply to all use classifications under the heading. 24-14077331923 717 MU-TC District: Land Use Controls P = Permitted PC = Conditional use permit approved by Planning Commission ZA = Conditional use permit approved by Zoning Administrator ORDINANCE NO. 4311 Land Use Controls Additional Provisions Residential Uses (A)(!) Multifamily Residential PC Public and Semioublic Uses (A) Clubs and Lodges ZA Day Care, General ZA Day Care, Large Family p (C) Government Offices p Public Safetv Facilities p Religious Assembly ZA Schools, Public or Private PC Commercial Uses (A)(H)(l) Artists' Studios p Banks and Savings & Loans p Catering Services p Drug Stores/Pharmacy p Eating and Drinking p Establishments w/ Alcohol ZA (B)(C) w/ Live Entertaimnent ZA w/ Dancing PC (D) w/ Outdoor Dining ZA (C)(E) Food and Beverage Sales p w/ Alcohol Beverage Sales ZA (B) Office, Business and p Professional Park and Recreational p Facilities Parking PC (F) Personal Enrichment Services p (C) Personal Services p Retail Sales p (G) Visitor Accommodations PC 24-14077 /331926 2 718 ORDINANCE NO. 4311 MU-TC District: Additional Provisions (A) All projects in this district shall have both residential and nonresidential components. At least 50% of the building fronting public streets at the ground level shall be nonresidential uses. At least 50% of the project shall be residential uses. (B) The following businesses proposing to sell alcoholic beverages for on-site or off-site consumption are exempt from the conditional use permit process: (1) Retail markets with no more than 10% of the floor area devoted to sales, display and storage of alcoholic beverages provided the sale of alcoholic beverages is not in conjunction with the sale of gasoline or other motor vehicle fuel; (2) Florist shops offering the sale of a bottle of an alcoholic beverage together with a floral an-angement. (C) Neighborhood notification requirements pursuant to Chapter 241. (D) See also Chapter 5.28, Dancing Halls, and Chapter 5.44, Restaurants~Amusement and Entertainment Premises. (E) Outdoor dining with alcohol sales shall be pennitted with a conditional use permit to the Zoning Administrator. Outdoor dining without alcohol sales that is 400 square feet or less shall be permitted with an administrative permit. If over 400 square feet with no alcohol sales, neighborhood notification shall be required pursuant to Chapter 241. (F) Stand-alone or other permanent parking structures not ancillary to the permitted uses listed above. Must demonstrate necessity of use and comply with the requirements in Section 231.18(0) (Parking Structures). (G) See Section 230.94, Carts and Kiosks. (H) Development of vacant land or additions of 10,000 square feet or more in building floor area; or additions equal to or greater than 50% of the existing building's floor area requires approval of a conditional use permit from the Zoning Administrator. The Community Development Director may refer any proposed project to the Zoning Administrator if the proposed project has the potential to impact residents or tenants in the vicinity (e.g., increased noise, traffic). (I) Projects within 500 feet of a PS District; see Chapter 244. SECTION 2. This ordinance shall become effective immediately 30 days after its adoption. 24-14077 /33 I 926 3 719 ORDINANCE NO . 4311 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the __ day of ______ , 2024. Mayor ATTEST: City Clerk REVIEWED AND APPROVED: INITIATED AND APPROVED: City Manager 24-14077 /3 3 1926 4 720 LEGISLATIVE DRAFT HBZC CHAPTER 218 Chapter 218 218.04 MU-TC District -Land Use Controls In the following schedules, letter designations are used as fo llows : "P" designates use classifications permitted in MU-TC district. "PC" designates u se cl assifications permitted on approval of a conditional u se p ermit by the Planning Commission. "ZA" designates u se classifications permitted on approval of a conditional use permit by the Zonin g Administrator. "Neighb orhood Notifiction" refers to u se classifications that require an Administrative Pe1mit by the Director. Use classifications that are not listed are prohibited. Letters in p arentheses in the "Additional Provisions" column refer to provisions fo llowing the schedule or located elsewhere in the Zoning Ordinance. Where letters in parentheses are opposite a use cl assification heading, referenced provisions shall apply to all u se classifications under the heading. MU-TC District: Land Use Controls P = Permitted PC = Conditional use permit approved by Planning Commission ZA = Conditional u se permit approved by Zoning Administrator Land Use Controls Additional Provisions Residential Uses (A)(I) Multifamily Residentia l PC Public and Semipublic Uses (A) Clubs and Lo d ges Z A Day Care, General ZA Day Care, Large Family p (C) Government Offices p Publi c Safety Facilities p Religious Assembly ZA Schools, Public or Private P C Commercial Uses (A)(H)(I) Artists' Studios p 721 Banks and Savings & Loans p Catering Services p Drug Stores/Pharmacy p Eating and Drinking p Establishments w/ Alcohol ZA (B)(C) w/ Live Ente1tainment ZA w/Dancing PC (D ) w/ Outdoor Dining ZA (C)(E) Food and Beverage Sales p w/ Alcohol Beverage Sales ZA (B) Office, Business and p Professional Park and Recreational p Facilities Parking PC (F) Personal Enrichment Services p (C) Personal Services p Retail Sales p (G) Visitor Accommodations P C MU-TC District: Additional Provisions (A) All projects in this district shall have both residential and nonresidential components. At least 50% of the building fronting public streets at the ground level shall be nonresidential uses. At least 50% of the project shall be residential uses. (B) The fo llowing businesses proposing to sell alcoholic beverages fo r on-site or off-site consumption are exempt from the conditional use pe1mit process: (1) Retail markets with no more than 10% of the flo or area devoted to sales, display and storage of alcoholic beverages provided the sale of alcoholi c beverages is not in co njunction w ith the sale of gasoline or oth er motor vehicle fuel ; (2) Florist sh ops offerin g the sale of a bottle of an alcoholic beverage together with a floral arrangement. (C) Neighborhood notification requirements pursuant to Chapter 241. (D) See also Chapter 5.28 , Dancing Halls, and Ch apter 5.44, Restaurants-Amusement and Ente1tainment Premises. (E) Outdoor dining with alcohol sales shall be permitted with a cond itional use permit to the Zoning Administrator. Outdoor dining without alcoho l sales that is 400 square feet or less sh all be p e1mitted with an administrative pe1mit. If over 400 square feet with no alcoho l sales, neighborhood notification shall be required pursuant to Chapter 241. 722 (F) Stand-alone or other permanent parking structures not ancillary to the pe1mitted u ses listed above. Must demonstrate necessity of use and comply with the requirements in Section 23 1.18(G) (Parking Structures). (G) See Section 230 .94 , Carts and Kiosks. (H) Development of vacant land or additions of 10,000 square feet or more in building floor area; or additions equal to or greater than 50% of the existing building's floor area requires approval of a conditional use permit from the Zoning Administrator. The Community Development Director may refer any proposed project to the Zoning Administrator if the proposed project has the potential to impact residents or tenants in the vicinity (e.g., increased noise, traffic). (I) Projects within 500 feet of a PS District; see Chapter 244 . 723 ORDINANCE NO. 4312 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 230 SITE STANDARDS OF THE HUNTINGTON BEACH ZONING CODE AND SUBDIVISION ORDINANCE (ZONING TEXT AMENDMENT NO. 23-002) WHEREAS, pursuant to the California State Planning and Zoning Law, the Huntington Beach Planning Commission and Huntington Beach City Council have held separate, duly noticed public hearings to consider Zoning Text Amendment No. 23-002, which amends Chapter 230 of the Huntington Beach Zoning and Subdivision Ordinance After due consideration of the findings and recommendations of the Planning Commission and all other evidence presented, the City Council finds that the aforesaid amendment is proper and consistent with the General Plan; NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as follows: SECTION I. That Chapter 230.08 of the Huntington Beach Zoning Code is hereby amended to read as follows: 230.08 Accessory Structures For purposes of applying these provisions, accessory structures are inclusive of minor accessory structures, except where separate provisions are provided in this section. A. Timing. Accessory structures shall not be established or constructed prior to the start of construction of a principal structure on a site, except that construction trailers may be placed on a site at the time site clearance and grading begins and may remain on the site only for the duration of construction. B. Location. Except as provided in this section, accessory structures shall not occupy a required front, side or street side yard or court. An accessory structure shall be set back five feet from the rear property line except no setback is required for accessory structures, excluding garages and carports, which abut an alley. Minor accessory structures may be located within the front yard setback provided they do not exceed 42 inches in height. Minor accessory structures may be located in required side and rear yard setbacks provided: I. The structure is located in the rear two-thirds of the lot; 2. A minimum five-foot clearance is maintained between said structure and the dwelling if it is located in a required side yard; 24-14077331923 724 ORDINANCE NO. 4312 3. Minor accessory structures over eight-foot high shall be screened by a two-foot high lattice fence/wall extension above the six-foot high fence/wall to protect views from an adjacent prope1iy. The screening shall be provided by the prope1iy owner installing the minor accesso1y structure; and 4. Rock formations shall be set back one foot from the side and/or rear property lines for each foot of rock formation height, maximum five-foot setback required. ~-WU- C. Maximum Height. Fifteen feet, except a detached garage for a single-family or multi- family dwelling may exceed the maximum height when it is designed to be architecturally compatible with the main dwelling and does not include habitable floor area. D. Maximum Size in RL District. In an RL District, the total gross floor area of accessory structures, including garages, more than four feet in height that are not attached to a dwelling shall not exceed 600 square feet or 10% of lot area, whichever is more. E. Patio Covers. A patio cover open on at least two sides and complying with all other provisions of this subsection may be attached to a principal structure or detached provided a five- foot clearance from the post/wall to side and rear prope1iy lines is maintained. A patio cover must comply with the minimum front yard setback. F. Decks. A deck 30 inches or less in height may be located in a required yard. 24-14077/331927 2 725 ORDINANCE NO. 4312 G. Separation. The distance between buildings on the same lot shall not be less than IO feet. The minimum separation between a detached solid patio cover post/wall and a building on the same lot is six feet. The minimum separation between a detached open lattice/trellis patio cover on a permanent foundation and building may be less than six feet. The minimum separation from eave to eave shall be one foot subject to building code requirements. SECTION 2. That Chapter 230.12 of the Huntington Beach Zoning Code is hereby amended to read as follows: 230.12 Home Occupation in R Districts A. Permit Required. A home occupation in an R district shall require a business license. If the home occupation involves instruction and/or service, e.g., music lessons, beauty shop, swimming lessons or other similar uses as determined by the Director, then an administrative permit is required subject to Neighborhood Notification in compliance with Chapter 241. The Director shall approve the permit upon determining that the proposed home occupation complies with the requirements of this section. B. Contents of Application. An application for a home occupation permit shall contain: I. The name, street address, and telephone number of the applicant; 2. A complete description of the proposed home occupation, including number and occupation of persons employed or persons retained as independent contractors, amount of floor space occupied, provisions for storage of materials, and number and type of vehicles used. 3. For home occupations involving instruction and/or service, Neighborhood Notification shall be required in compliance with Chapter 241. C. Required Conditions. Home occupations shall comply with the following conditions: I. A home occupation shall be conducted entirely within one room in a dwelling, with the exception of swimming lessons. No outdoor storage shall be permitted. Garages shall not be used in connection with such business except to park business vehicles. 2. No one other than a resident of the dwelling shall be employed on-site or report to work at the site in the conduct of a home occupation. This prohibition also applies to independent contractors. 3. There shall be no display of merchandise, projects, operations, signs or name plates of any kind visible from outside the dwelling. The appearance of the dwelling shall not be altered, nor shall the business be conducted in a manner to indicate that the dwelling or its premises is used for a nomesidential purpose, whether by colors, materials, construction, lighting, windows, signs, sounds or any other means whatsoever. 24-14077/331927 3 726 ORDINANCE NO. 4312 4. A home occupation shall not increase pedestrian or vehicle traffic in the neighborhood. 5. No commercial vehicle or equipment used in conjunction with the home occupation shall be parked overnight on an adjacent street or in any yard visible from the street. 6. No motor vehicle repair for commercial purposes shall be permitted. 7. A home occupation shall not include an office or salesroom open to visitors, and there shall be no advertising of the address of the home occupation. 8. Where a home occupation involves swimming instruction in an outdoor swimming pool, each swimming class shall be limited to four students, and no more than two vehicles shall be used to transpmi students to such classes. 9. Any authorized City employee may inspect the premises of a home occupation upon 48 hours notice to ascertain compliance with these conditions and any requirements of this Code. The permit for a home occupation that is not operated in compliance with these provisions, and/or all conditions of an administrative permit, shall be revoked by the Director after 30 days written notice unless the home occupation is altered to comply. 10. No renting out the premises for commercial purposes, e.g. parties, commercial filming activities, or other similar activities shall be permitted, SECTION 3. That Chapter 230.68 of the Huntington Beach Zoning Code 1s hereby amended to read as follows: 230.68 Building Projections Into Yards Projections into required yards shall be permitted as follows: Allowable Projections in Feet• Street Side Front Yard Side Yard Yard Rear Yard Fireplace or chimney 2.5 2.5" 2.5 2.5 Cornice, eaves and ornamental features 3 2.5" 3 3 Mechanical equipment 2 2" 2" 2 Uncovered porches, terraces, platforms, 6 3 4 5 subterranean garages, decks, and patios not more than 3 feet in height serving only the first floor Stairs, canopies, awnings and uncovered 4 2" 4 4, porches more than 3 feet in height Bay windows 2.5 2.5" 2.5 2.5 Balconies 3 2" 3 3 24-14077/331927 4 727 ORDINANCE NO. 4312 Notes: a No individual projection shall exceed 1/3 of the building length, and the total of all projections shall not exceed 2/3 of the building length on which they are located. Eaves are not subject to these limitations. b A 30-inch clearance from the property line shall be maintained. SECTION 4. That Chapter 230.88 of the Huntington Beach Zoning Code is hereby amended to read as follows: 230.88 Fencing and Yards No portion of a required yard area provided for a structure on a lot shall be considered as part of the yard area for any other structure on the same or an adjacent lot. In all districts, minimum setback lines shall be measured from the ultimate right-of-way line. Diagrams A, B, C and D are hereby adopted to illustrate the provisions of this chapter. Where any discrepancy occurs between the diagrams and the printed text, the text shall prevail. Yards and fencing shall comply with the following criteria in all districts or as specified. A. Permitted Fences and Walls. 1. Fences or walls a maximum of 42 inches in height may be located in any p01iion of a lot. Fences or walls exceeding 42 inches in height may not be located in the required front yard, except as permitted elsewhere in this section. 2. Fences or walls a maximum of eight feet in height may be located in required side and rear yards, except as excluded in this section. Fences or walls exceeding eight feet in height may be located in conformance with the yard requirements applicable to the main structure except as provided for herein or in the regulations of the district in which they are located. Fences or walls exceeding six feet in height or extensions to existing walls shall require submittal of engineering calculations to the Building and Safety Division. a. Fences and walls located adjacent to arterials along the rear and/or street side yard property lines, and behind the front setback, may be constructed to a maximum total height of eight feet including retaining wall with the following: i. The proposed building materials and design shall be in conf01mance with the Urban Design Guidelines. ii. The property owner shall be responsible for the care and maintenance of landscape area(s) and wall(s) and required landscape area(s). 111. Approval from Public Works Department. 24-14077/331927 5 728 ORDINANCE NO. 4312 b. Exception. A maximum two-foot lattice extension (wood or plastic) that is substantially (minimum 50%) open may be added to the top of the six foot high wall or fence on the interior property line without building permits. 3. Fences or walls in the rear yard setback area of a through lot shall not exceed 42 inches in height. This subsection shall not apply to lots abutting arterial highways. 4. Retaining walls shall comply with the following: a. Where a retaining wall is located on the property line separating lots or parcels and protects a cut below the natural grade, such retaining wall may be topped by a fence, wall or hedge of the same height that would otherwise be permitted at the location if no retaining wall existed. b. Where a retaining wall is on the property line of a rear yard abutting an arterial or exterior side yard and contains a fill of two feet or less or protects a cut below the existing grade, such retaining wall may be topped with a six-foot decorative masomy wall. The maximum height of the wall, including retaining wall, shall not exceed eight feet. c. Where a retaining wall is on the property line of a rear yard abutting a local street, the maximum retaining wall height shall be 24 inches as measured from the adjacent curb and may be topped with a maximum 18-inch decorative wall or fence for a total height of 42 inches. d. 1. The maximum height of a retaining wall on the front property line shall be 36 inches as measured from the top of the highest adjacent curb. Subject to the Director's approval, a maximum 42-inch high wall or fence may be erected above the retaining wall with a minimum three-foot setback from the front property line. ii. In the RMH-A subdistrict, the maximum height of a retaining wall on the front property line shall be 18 inches as measured from the top of the highest adjacent curb. Subject to the Director's approval, a second retaining wall up to 18 inches in height may be erected above the 18-inch high retaining wall with a minimum three-foot front setback. A wall or fence up to 42 inches in height may be erected on top of the retaining wall with the minimum three-foot front setback (see exhibit below). 24-14077 /331927 6 729 ORDINANCE NO. 4312 Lantlrctpmg Fwnt ------JI.! m«>ffl' .... ll:4 i l Building' i Si.dr.ru.\J.\k,'Pukw2.y Mu:.Ur e. Retaining wall and fence combinations over eight feet in height shall be constructed with a variation in design or materials to show the distinction. Retaining wall and fence combinations over six feet in height shall be designed without decorative block or cap block, except if equal in strength to the main portion of the fence. f. Retaining wall and fence combinations over eight feet in height shall be constructed with a variation in design or materials to show the distinction. Retaining wall and fence combinations over six feet in height shall be designed without decorative block or cap block, except if equal in strength to the main portion of the fence. 5. The height of any fence, wall or hedge located in the front yard setback shall be measured from top of the highest adjacent curb. All other fence heights shall be measured from existing grade. 6. In the industrial districts, nine-foot-high fences may be permitted in the side and rear setbacks up to the front building line. 7. Deviations from the maximum height requirements for walls as prescribed by this section may be permitted subject to an approval of Conditional Use Permit by the Zoning Administrator. 8. Within the coastal zone, no gate, fence or wall shall be permitted that restricts or obstructs public access to the shore. B. Required Walls. I. When office, commercial or industrial uses abut property zoned or used for residential, a minimum six-foot-high solid six-inch concrete block or masomy wall shall be required. If a wall meeting these standards already exists on the abutting residential property, protection 24-14077 /33 l 927 7 730 ORDINANCE NO. 4312 from vehicle damage shall be provided. The maximum fence height shall be eight feet at the common property line. 2. Industrial screening walls abutting arterial highways shall be architecturally compatible with surrounding properties, constructed of a minimum six-inch-wide decorative masonry block, and designed with landscape pockets at 35-foot intervals along the street side sufficient in size to accommodate at least one 15-gallon tree. C. Visibility. 1. On reverse corner lots and corner lots abutting an alley, no fence, wall or hedge greater than 42 inches in height may be located within the triangular area formed by measuring 10 feet from the intersection of the rear and street side property lines (see Diagram C). 2. On corner lots, no fence, wall, landscaping, berming, sign, or other visual obstruction between 42 inches and seven feet in height as measured from the adjacent curb elevation may be located within the triangular area formed by measuring 25 feet from the intersection of the front and street side property lines or their prolongation. Trees trimmed free of branches and foliage so as to maintain visual clearance below seven feet shall be permitted (see Diagram A). 3. Visibility of a driveway crossing a street or alley prope1ty line or of intersecting driveways shall not be blocked between a height of 42 inches and seven feet within a triangular area formed by measuring 10 feet from intersecting driveways or street/alley and driveway except in situations where the garage is constructed with less than a 10-foot setback from the alley right-of-way. In those situations the measurement of the visibility triangle shall statt at each corner or side of the garage door, measured perpendicular to the rear property line, then measured IO feet away from the edge of the garage door and parallel to the rear property line (typically the alley right-of-way). The maximum height of any structures or landscaping within this triangular zone shall be 42 inches high (see Diagram D). 24-14077/331927 8 731 10' 10' 24-14077 /33 l 927 Diagram A -··-··-l·-~· Street/Alley Diagram B 9 ORDINANCE NO. 4312 732 Pl Pl 24-14077/331927 COO.'tRtCT A.l<Jlllt~AU£Y HEIGHT MEASUREMENT Of FENCE OR WAll DiagramC 5ft. PL Diagram D 10 ORDINANCE NO. 4312 ' 733 ORDINANCE NO. 4312 SECTION 5. This ordinance shal l become effective immediately 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the __ day of ______ ., 2024. Mayor ATTEST: City Clerk REVIEWED AND APPROVED: INITIATED AND APPROVED: City Manager 24-14077/331927 I I 734 Chapter 230 230.08 Accessory Structures LEGISLATIVE DRAFT HBZC CHAPTER 230 For purposes of applying these provisions, accessory structures are inclusive of minor accessory structures, except where separate provisions are provided in this section. A. Timing. Accessory structures shall not be established or constructed prior to the start of construction of a principal structure on a site, except that consh·uction trailers may be placed on a site at the time site clearance and grading begins and may remain on the site only for the duration of construction. B. Location . Except as provided in this section, accessory structures shall not occupy a required front, side or st reet side yard or court. An accessory sh·ucture shall be set back five feet from the rear property line except no setback is required for accessory structures, excluding garages and carp01is, which abut an alley. Minor accessory structures may be located within the front yard setback provided they do not exceed 42 inches in height. Minor accessory structures may be located in required side and rear yard setbacks provided: 1. The structure is located in the rear two-thirds of the lot; 2. A minimum five-foot clearance is maintained between said structure and the dwelling if it is located in a required side yard; 3. Minor accessory structures over eight-foot high shall be screened by a two -foot high lattice fence/wall extension above the six-foot high fence /wall to protect views from an adjacent property. The screening shall be provided by the property owner installing the minor accessory structure; and 4 . Rock f01mations shall be set back one foot from the side and/or rear property lines for each foot ofrock formation height, maximum five-foot setback required . 735 • I 777/77 I lt-61'4-r ,--,. I • -i;~i-· t; .,..::p. C. Maximum Height. Fifteen feet, except a detached garage for a single-family or multi- family dwelling may exceed the maximum height when it is designed to be architecturally compatible with the main dwelling and does not include habitable floor area. D. Maximum Size in RL District. In an RL District, the total gross floor area of accessory structures, including garages, more than four feet in height that are not attached to a dwelling shall not exceed 600 square feet or 10% of lot area, whichever is more. E. Patio Covers. A patio cover open on at least two sides and complying with all other provisions of this subsection may be attached to a principal structure or detached provided a five-foot clearance for the post/wall to all-side and rear property lines is maintained. A patio cover must comply with the minimum front yard setback. F. Decks. A deck 30 inches or less in height may be located in a required yard. G. Separation. The distance between buildings on the same lot shall not be less than 10 feet. The minimum separation between a detached solid patio cover post/wall and a building on the same lot is six feet. The minimum separation between a detached open lattice/trellis patio cover on a permanent foundation and a building may be less than six feet. The minimum separation from eave to eave shall be one foot subject to building code requirements. 736 230.12 Home Occupation in R Districts A. Permit Required. A home occupation in an R district shall require a business license heme occupation permit, obtained by filing a completed application fonn with the Director. If the home occupation involves instruction and/or service, e.g., music lessons, beauty shop, swimming lessons or other similar uses as determined by the Director., then an administrative permit is required subject to Neighborhood Notification in compliance with Chapter 241. The Director shall approve the permit upon determining that the proposed home occupation complies with the requirements of this section. B. Contents of Application. An application for a home occupation pe1mit shall contain: 1. The name, street address, and telephone number of the applicant; 2. A complete description of the proposed home occupation, including number and occupation of persons employed or persons retained as independent contractors, amount of floor space occupied, provisions for storage of materials, and number and type of vehicles used. 3. For home occupations involving instruction and/or service , Neighborhood Notification shall be required in compliance with Chapter 241. C. Required Conditions. Home occupations shall comply with the following conditions: 1. A home occupation shall be conducted entirely within one room in a dwelling, with the exception of swimming lessons. No outdoor storage shall be permitted. Garages shall not be used in connection with such business except to park business vehicles. 2. No one other than a resident of the dwelling shall be employed on-site or report to work at the site in the conduct of a home occupation. This prohibition also applies to independent contractors. 3 . There shall be no display of merchandise, projects, operations, signs or name plates of any kind visible from outside the dwelling. The appearance of the dwelling shall not be altered , nor shall the business be conducted in a manner to indicate that the dwelling or its premises is used for a nonresidential purpose, whether by colors, materials, construction, lighting, windows, signs, sounds or any other means whatsoever. 4. A home occupation shall not increase pedestrian or vehicle traffic in the neighborhood . 5. No commercial vehicle or equipment used in conjunction with the home occupation shall be parked overnight on an adjacent street or in any yard visible from the street. 6. No motor vehicle repair for commercial purposes shall be permitted. 737 7. A home occupation shall not include an office or salesroom open to visitors, and there shall be no advertising of the address of the home occupation. 8. Where a home occupation involves swimming instruction in an outdoor swimming pool, each swimming class shall be limited to four students, and no more than two vehicles shall be used to transpmt students to such classes. 9. Any authorized City employee may inspect the premises of a home occupation upon 48 hours notice to ascertain compliance with these conditions and any requirements of this Code. The permit for a home occupation that is not operated in compliance with these provisions, and/or all conditions of an administrative permit, shall be revoked by the Director after 30 days written notice unless the h ome occupation is altered to comply. 10. No renting out of the premises for commercial purposes, e .g. patties, commercial filming activities, or other similai· activities shall be permitted. 230.68 Building Projections Into Yards and Ceurts Projections into required yards and courts shall be permitted as follows: Allowable Projections in Feet3 Street Side Front Yard Side Yard Yard Rear Yard Fireplace or chimney 2.5 2.5 b 2.5 2.5 Cornice, eaves and ornamental features 3 2 .5b 3 3 Mechanical equipment 2 2b 2b 2 Uncovered porches, terraces, platforms, 6 3 4 5 subterranean garages, decks, and patios not more than 3 feet in height serving only the first floor Stairs, canopies, awnings and uncovered 4 2b 4 4b porches more than 3 feet in height Bay windows 2.5 2.5 b 2.5 2 .5 Balconies 3 2b 3 3 Go•1ered f)atios 0 0 ~· ~ Notes : a No individual projection shall exceed 1/3 of the building length, and the total of all projections shall not exceed 2/3 of the building length on which they are located. Eaves are not sub ject to these limitations . b A 30-inch clearance from the prope1ty line shall be maintained. No fJrojection shall eJ,tend more than 1/2 the 1width of the street side yard. 738 230.88 Fencing and Yards No portion of a required yard area provided for a structure on a lot shall be considered as part of the yard area for any other structure on the same or an adjacent lot. In all districts, minimum setback lines shall be measured from the ultimate right-of-way line. Diagrams A, B, C and D are hereby adopted to illustrate the provisions ohhis chapter. Where any discrepancy occurs between the diagrams and the printed text , the text shall prevail. Yards and fencing shall comply with the following criteria in all districts or as specified. A. Permitted Fences and Walls. 1. Fences or walls a maximum of 42 inches in height may be located in any portion of a lo(;, eJccept screen 1.vall s on lots in the RMH A subdistrict shall be set back a minimum of three feet from the front property line . Fences or walls exceeding 42 inches in height may not be located in the required front ya rd , except as permitted elsewhere in this section. 2 . Fences or walls a maximum of SHf ,cightfeet in height may be located in required side and rear yards , except as excluded in this section. Fences or walls exceeding SHf eight feet in height may be located in conformance with the yard requ irements applicable to the main strncture except as provided for herein or in the regulations of the di strict in which they are located . Fences or walls exceeding six feet in height or extensions to existing walls shall require submittal of engineering calculations to the Building and Safety Divsions. a. Fences and walls located adjacent to arterials along the rear and/or street side yard prope1ty lines, and behind the fro nt setback, may be constructed to a maximum total height of eight feet including r etaini ng wall with the following: i. The proposed building materials and design shall be in conformance with the Urban Design Guidelines. ii. EJ(tens ions to eJasting wall(s) shall r equire submittal of engineering calculations to the Building and Safety Deprntment. i-ih ii. The property owner shall b e responsible for the care and maintenance of landscape area(s) and wall(s) and required landscape area(s). iv-; iii . Approval from Public Works Depaitment. b. Exception. A maximum two-foot lattice extension (wood or plastic) that is substantially (minimum 50%) open may be added to the top of the six foot high wall or fence on the interior property line without building permits so long as n otification to the adjacent property owners is provided. 3. Fences or walls in the rear yard setback ai·ea of a through lot shall not exceed 42 inches in height. This subsection shall not apply to lots abutting aiterial highways. 739 4. In the RL Distriet, garden or wing walls or fenees eqtml in height to the first floor double plate, but not eirneeding nine feet, vkieh are perpendieular to and entirely 'Nithin a side yard may be eonstrueted to the interior side property line and to within five feet of the ei,terior side prope1ty line provided they are equipped with a three foot gate or aeeessway. 5. V.'hen residential property abuts open or publie land or property coned or used for offiee, eommereial, or industrial purposes, au eight foot high solid masonry or bloek wall may be eonstrueted on the eommon side or rear property line. 6. Only at the time of initial eonstruetion of the dwellings and in order to allow variations in the street seene in R districts, fenees or walls emeeeding 42 inehes in height may be permitted at a redueed front setbaek of sil, feet subjeet to plan review approval by the Direetor in eonformanee with the following eriteria: a. The redueed setbaek shall be only permitted for five or more eontiguous lots under the same ovmership. b. Sueh walls shall not eneroaeh into the visibility triangular area formed by measuring seven and one half feet along the driveway and l O feet along the front property line at their point of intersection. e. Sueh walls shall eonform to all other applieable provisions of this seetion. +. 4. Retaining walls shall comply with the following: a. Where a retaining wall is located on the property line separating lots or parcels and protects a cut below the natural grade, such retaining wall may be topped by a fence, wall or hedge of the same height that would otherwise be permitted at the location if no retaining wall existed. b. Where a retaining wall is on the property line of a rear yard abutting an aiterial or exterior side yard and contains a fill of two feet or less or protects a cut below the existing grade, such retaining wall may be topped with a six-foot decorative masonry wall. The maximum height of the wall. including retaining wall. shall not exceed eight feet. c. Where a retaining wall is on the property line of a rear yard abutting a local street, the maximum retaining wall height shall be 24 inches as measured from the adjacent curb and may be topped with a maximum 18-inch decorative wall or fence for a total height of 42 inches. d. 1. The maximum height of a retaining wall on the front property line shall be 36 inches as measured from the top of the highest adjacent curb. Subject to the Director's approval, a maximum 42-inch high wall or fence may be erected above the retaining wall with a minimum three-foot setback from the front property line. 740 ii. In the RMH-A subdistrict, the maximum height of a retaining wall on the front property line shall be 18 inches as measured from the top of the highest adjacent curb. Subject to the Director's approval, a second retaining wall up to 18 inches in height may be erected above the 18-inch high retaining wall with a minimum three-foot front setback. A wall or fence up to 42 inches in height may be erected on top of the retaining wall with the minimum three-foot front setback (see exhibit below). i l'RIIII -..i lllCDldvli:.o : I i T;mdV:ilping ! * See mmdmum building height in Chapter 210. Bmldillg+ e. All retaining walls abutting a street shall be waterproofed to the satisfaction of the Director. f. Retaining wall and fence combinations over eight feet in height shall be constructed with a variation in design or materials to show the distinction. Retaining wall and fence combinations over six feet in height shall be designed without decorative block or cap block, except if equal in strength to the main portion of the fence. &. 5. The height of any fence, wall or hedge located in the front yard setback shall be measured from top of the highest adjacent curb. All other fence heights shall b e measured from existing grade. 9. Any fence or 1.vall located on the front property line shall be approved by the Department of Public Works. -1-0. 6. In the industrial districts, nine-foot-high fences may be permitted in the side and rear setbacks up to the front building line subject to plan review approval by the Director. -l-h 7. Deviations from the maximum height requirements for walls as prescribed by this section may be permitted subject to an approval of Conditional Use Permit by the Zoning Administrator. 741 -1-±. 8. Within the coastal zone, no gate, fence or wall shall be permitted that restricts or obstructs public access to the shore. B. Required Walls. 1. When office, conunercial or industrial uses abut property zoned or used for residential, a minimum six-foot-high solid six-inch concrete block or masonry wall shall be required. If a wall meeting these standards already exists on the abutting residential property, protection from vehicle damage shall be provided by a methed appreved by the Direeter. The maximum fence height shall be eight feet at the common property line, subjeet to the same design standards and setbaek requirements as speeified fur sil[ fuot hlgh fences. 2. Industrial screening walls abutting arterial highways shall be architecturally compatible with suITounding properties, constructed of a minimum six-inch-wide decorative masonry block, and designed with landscape pockets at 35-foot intervals along the street side sufficient in size to acconunodate at least one 15-gallon tree. AppreYal by the Direetor shall be reqtiired prior to eonstmetien of sueh walls. C. Visibility. 1. On reverse comer lots and comer lots abutting an alley, no fence, wall or hedge greater than 42 inches in height may be located within the triangular area formed by measuring I 0 feet from the intersection of the rear and street side property lines ( see Diagram C). 2. On comer lots, no fence, wall, landscaping, henning, sign, or other visual obstruction between 42 inches and seven feet in height as measured from the adjacent curb elevation may be located within the triangular area formed by measuring 25 feet from the intersection of the front and street side prope1iy lines or their prolongation. Trees trimmed free of branches and foliage so as to maintain visual clearance below seven feet shall be pe1mitted (see Diagram A). 3. Visibility of a driveway crossing a street or alley property line or of intersecting driveways shall not be blocked between a height of 42 inches and seven feet within a triangular area fmmed by measuring IO feet from intersecting driveways or street/alley and driveway except in situations where the garage is constructed with less than a IO-foot setback from the alley right-of-way. In those situations the measurement of the visibility triangle shall stati at each corner or side of the garage door, measured perpendicular to the rear property line, then measured 10 feet away from the edge of the garage door and parallel to the rear property line (typically the alley right-of-way). The maximum height of any structures or landscaping within this triangular zone shall be 42 inches high (see Diagram D). 742 10' Diagram A Street/ Alley Diagram B 743 ~lOI COODtOl • • ' KO:JG.HtOf HEIGHT MEAStllfMENt Of FENCE OR WAU DiagromC 100 10ft Pl 5ft. to H) ft G.:1rage 5ft Pl Pl Diagram D 744 ORDINANCE NO. 4313 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 231 OFF-STREET PARKING AND LOADING PROVISIONS OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE (ZONING TEXT AMENDMENT NO. 23-002) WHEREAS, pursuant to the California State Planning and Zoning Law, the Huntington Beach Planning Commission and Huntington Beach City Council have held separate, duly noticed public hearings to consider Zoning Text Amendment No. 23-002, which amends Chapter 231 of the Huntington Beach Zoning and Subdivision Ordinance After due consideration of the findings and recommendations of the Planning Commission and all other evidence presented, the City Council finds that the aforesaid amendment is proper and consistent with the General Plan; NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. That Chapter 231 of the Huntington Beach Zoning Code is hereby amended to read as follows: 231.02 Basic Requirements for Off-Street Parking and Loading A. When Required. At the time of initial occupancy of a site, construction of a structure, or major alteration or enlargement of a site or structure, off-street parking facilities and off-street loading facilities shall be provided in accord with this chapter and parking area landscaping shall be provided in accord with Chapter 232. For the purposes of these requirements, "major alteration or enlargement" shall mean a change of use, an expansion of greater than 50% of the existing space in a non-residential building or an addition of bedrooms or units in a residential building. A change in occupancy that does not involve a change in the use classification is not considered a change in use for purposes of this requirement unless the change in occupancy involves an intensification of use or an increase in parking demand. B. Nonconforming Parking or Loading. No existing use of land or structure shall be deemed to be nonconforming solely because of the lack of off-street parking or loading facilities required by this chapter, provided that facilities being used for off-street parking and loading as of the date of adoption of this chapter shall not be reduced in number to less than that required by this chapter. Expansion of a use with nonconforming parking shall be subject to the following requirements: 1. A multifamily residential use with nonconforming parking may be expanded by adding bedrooms or additional units provided that the expansion complies with current standards contained in this chapter; 24-14077331939 745 ORDINANCE NO. 4313 2. A single-family residence with nonconforming parking may be expanded by adding bedrooms provided the dwelling complies with current standards contained in this chapter; and 3. A nonresidential use with nonconforming parking may be expanded less than 50% of the existing square footage or intensified if additional parking is provided for the expansion or intensification. Expansions of 50% or more of the existing square footage require the site to be in total compliance with the current parking standards contained in this chapter. C. Spaces Required for Alteration or Enlargement. The number of parking spaces or loading spaces required for an alteration or enlargement of an existing use or structure, or for a change of occupancy, shall be in addition to the number of spaces existing prior to the alteration, enlargement, or change of occupancy unless the preexisting number is greater than the number prescribed in this chapter. In this case, the number of spaces in excess of the prescribed minimum shall be counted in dete1111ining the required number of parking or loading spaces. D. Spaces Required for Multiple Uses. If more than one use is located on a site, the number of off-street parking spaces and loading spaces to be provided shall be equal to the sum of the requirements prescribed for each use. This requirement applies not only to multiple uses under separate ownership but also to multiple uses in the same ownership. If the gross floor area of individual uses on the same site is less than that for which a loading space would be required by Section 2.3 l .06(A), but the aggregate gross floor area of all uses is greater than the minimum for which loading spaces would be required, the aggregate gross floor area shall be used in determining the required number of loading spaces. E. Location and Owuership. Parking facilities required by this chapter shall be on the same site as the use served, except that an adjacent lot may be used which is in the same person's possession as the structure or use. Such possession may be by deed or long-term lease, approved as to form by the City Attorney, and recorded in the Office of the County Recorder. A copy of the recorded document stipulating the reservation of the property for parking purposes shall be filed with the City prior to issuance of a building permit and/or certificate of occupancy, whichever occurs first. No use shall be continued if the parking is removed from the adjacent lot unless substitute parking is provided. Parking facilities provided by a parking district or parking authority are not subject to these locational requirements. 1. Parking in Yards in R Districts. The parking of motor vehicles, trailers, campers and boats shall be prohibited on all landscaped areas within the front one-half of the lot except as provided below. a. Oversized vehicles (see Chapter 203, Definitions), campers, trailers and boats on trailers may be parked on the paved driveway area or on a paved area between the driveway and the nearest side property line provided that they do not project over any prope1ty line and that the area is kept free of trash, debris and parts. b. Commercial oversized vehicles (see Chapter 203, Definitions) or special purpose machines shall be prohibited in any yard area. 24-14077/331939 2 746 ORDINANCE NO. 4313 2. Parking in Yards in C or I Districts. Required yards may be used for required parking, subject to the landscaping standards of Chapter 232. 3. Access. When a lot abuts an artedal highway and a local street, access to on-site parking shall be from the local street. When a lot abuts an alley, then access to parking shall be provided from the alley unless the Planning Commission approves a different access. When a lot abuts two arterial highways or two local streets, access shall be subject to the approval of the Director of Public Works. 4. Nonresidential Parking in R Districts. Nonresidential parking serving adjacent commercial or industrial uses shall not be located in any R-zoned property. F. Computation of Spaces Required. If, in the application of the requirements of this chapter, a fractional number is obtained, one additional parking space or loading space shall be required. G. Space Efficient Parking. Space is parking in which vehicles are stored and accessed by mechanical stackers or lifts. Parking spaces may be space efficient as described below. 1. Applicability. Space efficient parking may be used in single family residential, commercial, and industrial developments subject to the requirements of this section. Except as otherwise specified in a specific plan, the following standards shall apply. 2. Mechanical Parking Systems a. Single Family Residential -Surplus parking may be stored and accessed by mechanical slackers/lifts. These projects are exempt from Conditional Use Permit and attendant requirements. b. Commercial/Industrial -Up to 20% of the required on-site parking may be provided by mechanical stackers/lifts with an attendant upon approval of a Conditional Use Permit by the Zoning Administrator. 21 %-40% of the required on-site parking may be provided by mechanical stackers/lifts with an attendant upon approval of a Conditional Use Permit by the Planning Commission. The request shall include information about the proposed parking operations and other information determined to be necessary. c. Mechanical stacker/lift parking systems shall not result in queuing into any public right-of-way. The applicant shall prepare a technical study comparing expected traffic-intensity with parking system capacity to determine the amount of short-term parking needed, if any, to mitigate the potential impacts from users seeking sh01i-term parking. At minimum, the study shall address peak parking demand, the number of vehicles entering and exiting the facility, the cycle time of the parking system, how the system is accessed, queuing space, the number of attendants available, and the amount of short-term parking spaces available. 24-14077/331939 3 747 ORDINANCE NO. 4313 d. Mechanical Parking Design. All mechanical parking shall be enclosed. In commercial and industrial developments, they shall be designed to be consistent with Section 231.18.G, Parking Structures and the following standards. 1. Screening. Except for required ingress and egress, mechanical parking systems shall be screened on all sides and shall be fully enclosed. 11. Height. No more than one vehicle may be stacked over another parked vehicle. n1. Design Review. Except for single family residential, mechanical parking systems, including enclosures, shall be subject to Design Review. The enclosure for any mechanical parking system shall be compatible in design with the principal building on the subject parcel. 1v. Noise Attenuation. All equipment shall be sound attenuated to comply with the noise standards in Chapter 8.40 Noise Control of the Huntington Beach Municipal Code. If the power generating equipment cannot be isolated from the mechanical system, full enclosure of the mechanical parking systems and parked vehicles shall be required. e. Signage. Parking spaces shall have signage clarifying operations of the spaces to users. 3. Operations. a. Covenant for Operation. A "Covenant and Agreement Regarding Maintenance of Mechanical Parking System" shall be recorded with the Orange County Clerk Recorder's office to ensure the vehicle parking system is maintained in operable condition at all times. The covenant shall be recorded prior to final building inspection. b. Generator. Mechanical stackers or lifts shall be equipped with an on-site generator with sufficient capacity to store and retrieve cars if or when the electrical power is down. c. Manual Override. Mechanical stacker or lifts shall provide manual oven-ide capability to access or remove cars from the parking lift in the event of a power outage. d. Covenant for Attendant. A "Covenant and Agreement to Provide Parking Attendant" shall be recorded with the Orange County Recorder's office when a parking attendant is required. The covenant shall be recorded prior to final building inspection. H. Other Requirements. 1. Any off-street parking or loading facility which is permitted but not required shall comply with all provisions of this chapter governing location, design, improvement and operation. 24-14077/331939 4 748 ORDINANCE NO. 4313 2. Any motor vehicle incapable of movement by its own power and/or not licensed to operate on California streets shall be stored either in an enclosed building or entirely screened from view. SECTION 2. This ordinance shall become effective immediatel y 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the __ day of _______ , 2024 . Mayor ATTEST: City Clerk REVIEWED AND APPROVED: INITIATED AND APPROVED: City Manager '11'6eto'r of Community Development 24-14077 /331939 5 749 LEGISLATIVE DRAFT HBZC CHAPTER 231 Chapter 231 231.02 Basic Requirements for Off-Street Parking and Loading A. When Required. At the time of initial occupancy of a site, construction of a structure, or major alteration or enlargement of a s ite or structure, off-street parking facilities and off-street loading facilities sha ll be provided in accord with this chapter and parking area landscaping shall be provided in accord with Chapter 232. For the pm-poses of these requirements, "major alteration or enlargement" shall mean a change of use, an expansion of greater than 50% of the existing space in a non-residential building or an addition of bedrooms or units in a residential building. A change in occupancy that does not involve a change in the use classification is not considered a change in u se for purposes of this requirement unless the change in occupancy involves an intensification of use or an increase in parking demand. B. Nonconforming Parking or Loading. No existing use of land or structure shaJl be deemed to be nonconforming solel y because of the lack of off-street parking or loading facilities required by this chapter, provided that facilities being used for off-street parking and loading as of the date of adoption of this chapter shall not be reduced in number to less than that required by this chapter. Expansion of a use with nonconforming parking shall be s ubject to the following requirements: 1. A multifamily residential use with nonconforming parking m ay be expanded by adding bedrooms or additional units provided that the expansion complies with current s tand ards contained in this ch apter; 2. A singl e-family residence with nonconforming parking may be expanded by adding bedrooms provided the dwelling complies with current standards contained in this chapter; and 3. A nomesidential u se with nonconforming parking may be expanded less than 50% of the existing square footage or intensified if additional parking i s provided for the expansion or intensification. Expansions of 50% or more of the existing square footage r equire the site to be in total compliance with the cwTent parking standards contained in this chapter. C. Spaces Required for Alteration or Enlargement. The number of parking spaces or l oading spaces required for an alteration or enlargement of an existing use or structure, or for a change of occupancy, shall be in addition to the number of spaces existing prior to the alteration, e nlargement, or change of occupancy unless the preexisting number is greater than the nwnber prescribed in this chapter. In this case, the number of spaces in excess of the prescribed minimum shall be counted in determining the r equ ired number of parking or l oading spaces . D. Spaces Required for Multiple Uses. If more than one use is located on a site , the number of off-street parking spaces and lo ading spaces to be provided sh a ll be equ a l to the sum 750 of the requirements prescribed for each use. This requirement applies not only to multiple uses under separate ownership but also to multiple uses in the same ownership. If the gross floor area of individual uses on the same site is less than that for which a loading space would be required by Section 23 1.06(A), but the aggregate gross floor area of all uses is greater than the minimum for which loading spaces would be required, the aggregate gross floor area shall be used in determining the required number of loading spaces. E. Location and Ownership. Parking facilities required by this chapter shall be on the same site as the use served, except that an adjacent lot may be used which is in the same person's possession as the structure or use. Such possession may be by deed or long-te1m lease, approved as to fonn by the City Attorney, and recorded in the Office of the County Recorder. A copy of the recorded document stipulating the reservation of the property for parking purposes shall be filed with the City prior to issuance of a building permit and/or certificate of occupancy, whichever occurs first. No use shall be continued if the parking is removed from the adjacent lot unless substitute parking is provided. Parking facilities provided by a parking district or parking authority are not subject to these locational requirements. 1. Parking in Yards in R Districts. The parking of motor vehicles, trailers, campers and boats shall be prohibited on all landscaped areas within the front one-half of the lot except as provided below. a. Oversized vehicles (see Chapter 203, Definitions), campers, trailers and boats on trailers may be parked on the paved driveway area or on a paved area between the driveway and the nearest side property line provided that they do not project over any property line and that the area is kept free of trash, debris and pa1ts. b . Commercial oversized vehicles (see Chapter 203 , Definitions) or special purpose machines shall be prohibited in any yard area. 2. Parking in Yards in C or I Districts. Required yards may be used for required parking, subject to the landscaping standards of Chapter 232. 3. Access. When a lot abuts an arterial highway and a local street, access to on-site parking shall be from the local street. When a lot abuts an alley, then access to parking shall be provided from the alley unless the Planning Commission approves a different access. When a lot abuts two aiterial highways or two local streets, access shall be subject to the approval of the Director of Public Works. 4. Nomesidential Parking in R Districts. Nomesidential pmking serving adjacent commercial or industrial uses shall not be located in any R-zoned property. F. Computation of Spaces Required. If, in the application of the requirements of this chapter, a fractional number is obtained, one additional pai·king space or loading space shall be required. 751 G. Space Efficient Space is parking in which vehicles are stored and accessed by mechanical stackers or lifts. Parking spaces may be space efficient as described below. 1. Applicability. Space efficient parking may be used in single family residential. commercial. and industrial developments subject to the requirements of this section. Except as otherwise specified in a specific plan. the following standards shall apply. 2. Mechanical Parking Systems a. Single Family Residential -Surplus parking may be stored and accessed by mechanical stackers/lifts. These projects are exempt from Conditional Use Permit and attendant requirements. b. Commercial/Industrial Up to 20% of the required on-site parking may be provided by mechanical stackers/lifts with an attendant upon approval of a Conditional Use Permit by the Zoning Administrator. 21 %-40% of the required on-site parking may be provided by mechanical stackers/lifts with an attendant upon approval of a Conditional Use Permit by the Planning Commission. The request shall include infom1ation about the proposed parking operations and other information dete1mined to be necessary. c. Mechanical stacker/lift parking systems shall not result in queuing into any public right-of-way. The applicant shall prepare a technical study comparing expected traffic-intensity with parking system capacity to determine the amount of short-term parking needed. if any. to mitigate the potential impacts from users seeking short-term parking. At minimum. the study shall address peak parking demand. the number of vehicles entering and exiting the facility. the cycle time of the parking system. how the system is accessed, queuing space. the number of attendants available, and the amount of short-term parking spaces available. d. Mechanical Parking Design. All mechanical parking shall be enclosed. In commercial and industrial developments. they shall be designed to be consistent with Section 231.18G. Parking Strnctures and the following standards. i. Screening. Except for required ingress and egress. mechanical parking systems shall be screened on all sides and shall be fully enclosed. ii. Height. No more than one vehicle may be stacked over another parked vehicle. iii. Design Review. Except for single family residential. mechanical parking systems. including enclosures. shall be subject to Design Review. The enclosure for any mechanical parking system shall be compatible in design with the principal building on the subject parcel. 752 3. e. iv. Signage. Parking spaces shall have signage clarifying operations of the spaces to users. Signage. Parking spaces shall have signage clarifying operations of the spaces to users. Operations a. Covenant for Operation. A "Covenant and Agreement Regarding Maintenance of Mechanical Parking System" shall be recorded with the Orange County Clerk Recorder's office to ensure the vehicle parking system is maintained in operable condition at all times. The covenant shall be recorded prior to final building inspection. b. Generator. Mechanical stacker or lifts shall be equipped with an on-site generator with sufficient capacity to store and retrieve cars if or when the electrical power is down. c. Manual Override. Mechanical slackers or lifts shall provide manual ove1Tide capability to access or remove cards from the parking lift in the event of a power outage. d. Covenant for Attendant. A "Covenant and Agreement to Provide Parking Attendant" shall be recorded with the Orange County Recorder's office when a parking attendant is required. The covenant shall be recorded prior to final building inspection. ,,,H"'.-=Other Requirements. 1. Any off-street parking or loading facility which is permitted but not required shall comply with all provisions of this chapter governing location, design, improvement and operation. 2. Any motor vehicle incapable of movement by its own power and/or not licensed to operate on California streets shall be stored either in an enclosed building or entirely screened from view. 753 ORDINANCE NO.4314 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 241 CONDITIONAL USE PERMITS AND VARIANCES - TEMPORARY USE PERMITS -WAIVER OF DEVELOPMENT ST AND ARDS OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE (ZONING TEXT AMENDMENT NO. 23-002) WHEREAS, pursuant to the California State Planning and Zoning Law, the Huntington Beach Planning Commission and Huntington Beach City Council have held separate, duly noticed public hearings to consider Zoning Text Amendment No. 23-002, which amends Chapter 241 of the Huntington Beach Zoning and Subdivision Ordinance After due consideration of the findings and recommendations of the Planning Commission and all other evidence presented, the City Council finds that the aforesaid amendment is proper and consistent with the General Plan; NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. That Chapter 241.22 of the Huntington Beach Zoning Code is hereby amended to read as follows: 241.22 Waiver of Development Standards A. Standards Which Can Be Waived. An Administrative Permit by the Director may waive development standards for setbacks, open space, separation between buildings, height of buildings or fences, site coverage and landscaping without a conditional use permit or a variance, only if he or she finds that such a waiver improves project design and does not exceed 10% deviation. No other standards shall be subject to this waiver provision. B. Time Limit. A waiver shall become null and void six months after date of approval. C. Extensions. A waiver shall not be extended for more than one year unless the applicant demonstrates that no circumstances relevant to the approval of the waiver, including other development in the neighborhood, have changed from the time of approval. D. Limitations. A waiver may not be granted if the waiver would in any way degrade the environment or result in any changes to classification of land use or density. Also, projects not otherwise subject to discretionary review (i.e., conditional use permit, variance, Coastal Development Permit, or subdivision approval) may not apply for waiver. E. Decisions and Appeals. The Director's decision may be appealed in accord with Chapter 248. The Director's decision shall be distributed to the City Council, Planning Commission, and Zoning Administrator within 48 hours of such decision. 24-14077/331946 754 ORDINANCE NO. 4314 SECTION 2. That Chapter 241.24 of the Huntington Beach Zoning Code is hereby amended to read as follows: 241.24 Neighborhood Notification When no entitlement is required and the use requires such notification as stated in the Zoning and Subdivision Ordinance or Downtown Specific Plan, the review and approval process shall include an Administrative Permit and notification to property owners and tenants within a 300- foot radius of the subject property. Notification requirements are as follows: A. Notification. Ten calendar days prior to submittal for a building permit or certificate of occupancy or approval for initial establishment of the use, the applicant shall notice property owners and tenants by first class mail. B. Notice of application shall include the following: 1. Name of applicant. 2. Location of planned development or use, including address (map is optional). 3. Complete description of the proposed development or use such that there is full disclosure in the notice. 4. The Community Development Department phone number and address of City Hall where plans may be reviewed. 5. The date by which any comments must be received in writing by the Community Development Department and City appeal procedures. 6. The Community Development Department shall receive entire list including name and address of those receiving the mailing. C. Notice of Action. The Director's decision shall be made in writing with information regarding the appeal process and sent to the applicant and the City Council on the next business day and posted on the City's website. D. Appeals. The Director's decision may be appealed in accord with Chapter 248. SECTION 3. This ordinance shall become effective immediately 30 days after its adoption. 24-14077 /33 1946 2 755 ORDINANCE NO. 4314 PASS E D AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting the reof held on the __ day of ______ , 2024. Mayor ATTEST: City Clerk REVIEWED AND APPROVED: INITIATED AND APPROVED: City Manager 24-14077 /3 3 1946 3 756 LEGISLATIVE DRAFT HBZC CHAPTER 241 Chapter 241 241.22 Waiver of Development Standards A. Standards Which Can Be Waived. An Administrative Permit by t+he Director may waive development standards for setbacks, open space, separation between buildings, height of buildings or fences, site coverage and landscaping without a conditional use permit or a variance, only if he or she find s that such a waiver improves project design and does not exceed 10% deviation. No other standards shall be subj ect to thi s waiver provision. B . Time Limit. A waiver shall become null and void six months after date of approval. C. Extensions . A waiver shall not be extended for more than one year unless the applicant demonstrates that no circumstances relevant to the approval of the waiver, including other development in the neighborhood, have changed from the time of approval. D. Limitations. A waiver may not be granted if the waiver would in any way degrade the environment or result in any changes to classification of land use or density. Also, projects not otherwise subject to discretionary review (i .e ., conditional use permit, variance, Coastal Development Permit, or subdivision approval) may not apply for waiver. E. Decisions and Appeals. The Director's decision may be appealed in accord with Chapter 248. The Director's decision shall be di stributed to the City Council, Planning Commission, and Zoning Administrator within 48 hours of such decision. 241.24 Neighborhood Notification When no entitlement is required and the use requires such notification as stated in the Zoning and Subdivision Ordinance or Downtown Specific Plan, the review and approval process shall include an Administrative Permit and notification to property owners and tenants within a 300- foot radiu s of the subject prope1ty. Notification requirements are as follows: A. Notification. Ten working calendar days prior to submittal for a building permit or certificate of occupancy or approval for initial establishment of the u se, the applicant shall notice property owners and tenants by first class mail. B . Notice of application shall include the following: 1. Name of applicant. 2. Location of planned development or use, including address (map is optional). 757 3. Complete description of the proposed development or use such that there is full disclosure in the notice. 4. The Community Development Department phone number and address of City Hall where plans may be reviewed. 5. The date by which any comments must be received in writing by the Community Development Department and City appeal procedures. 6. The Community Development Depaiiment shall receive entire list including name and address of those receiving the mailing. C. Notice of Action. The Director's decision shall be made in writing with information regarding the appeal process and sent to the applicant and the City Council on the next business day and posted on the City's website. D. Appeals. The Director's decision may be appealed in accord with Chapter 248. 758 RESOLUTION NO. 2024-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING AN AMENDMENT TO THE BEACH AND EDINGER CORRIDORS SPECIFIC PLAN (SP 14) (ZONING TEXT AMENDMENT NO. 23-002) WHEREAS, Zoning Text Amendment No. 21-007 is a request to amend Specific Plan No. 14 -Beach and Edinger Corridors Specific Plan (BECSP) to amend Section 2.5, Street Regulations, to provide flexibility for certain street improvements to property and businesses owners; and The proposed amendment to the BECSP is consistent with the adopted Land Use Element of the General Plan, and other applicable policies, and is compatible with surrounding development; and The amended BECSP will continue to enhance the potential for superior urban design in comparison with the development standards under the base district provisions that would apply if the Plan had not been adopted and amended; and The proposed amendments to the BECSP are justified by the compensating benefits of improved urban design; and Pursuant to the California State Planning and Zoning Law, the Huntington Beach Planning Commission and City Council have held separate, duly noticed public hearings to consider Zoning Text Amendment No. 23-002; and After due consideration of the findings and recommendations of the Planning Commission and all other evidence presented, the City Council has determined that the aforesaid amendment is proper and consistent with the General Plan. NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby find, determine and resolve as follows: SECTION I: The foregoing recitals are all true and correct. SECTION 2: Zoning Text Amendment No. 23-002, amending the BECSP as set forth in and attached hereto as Exhibit "A" and incorporated by this reference as though fully set forth herein, is hereby adopted and approved. SECTION 3: This resolution shall become effective immediately after its adoption. 759 RESOLUTION NO. 2024-22 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the ___ day of _____ , 2024. Mayor REVIEWED AND APPROVED: City Manager APPROVED AS TO FORM: ~~ r ATED A~D APPROVED Development ATTACHMENTS Exhibit A: ?TA No. 23 -002 Specific Plan No. 14 -Beach a nd Edinger Corridors Specific Plan 2 760 BECSP -SECTION 2.5 STREET REGULATIONS 761 2.5 Street Regulations (Page 45) Section 2.5.1.2 -Regulation Section 2.5.1.2.a.iii -General iii) In instances where existing street areas already contain Public Frontage of Thoroughfare features that are sufficiently similar to those required in the Plan and depending on the condition of !hose features, all or part of the required Street lmpro·1ements may be waived by the Public 1/Vorks Director. In instances where installation of required public frontage improvements as part of on-site construction are found to be impractical, the required improvements may be replaced within the private frontage, as approved the Director of Public Works and Community Development. Section 2.5.1.2.b.ii -Thoroughfare Improvements ii) Responsibility for and timing of the installation of Thoroughfare Improvements shall be determined by the Public VVorl<s Director done in conjunction with construction of the project. Section 2.5.1.2.c.ii -Public Frontage Improvements ii) In instances •,11here installation of required public frontage improvements as part of on site construction are found to be impractical for example in instances where the private frontage is particularly narrow or fragmented, the property Owner/Developer may request to the City that an in lieu fee be paid for the required public frontage improvements when they can be combined with those on adjacent properties or as part of a city sponsored street improvement program. If the city agrees, a cost estimate shall be submitted to the City by the developer for reviei.11 and acceptance. -I-ii ll) In instances where installation of required public frontage improvements require Classic Boulevard improvements and the proposed project has less than a full block of street frontage, the public frontage improvements may be phased in at a later date, subject to the approval of the Directors of Planning and Building and Public Works, provided that the buildings are sited to accommodate the public frontage improvements, i.e. setback. In the interim condition, the public frontage area shall be fully landscaped with minimal driveway openings. Section 2.5.1.4.ii.3 -Palm Tree Boulevard Specifications: Center Median (3) Clusters of three single-species, tall palm trees -Royslonea regia as approved by Caltrans-arranged roughly every thirty to thirty-five (30-35) feet. Trees to be uplit at night. 762 Section 2.5.1 .4.ii.a.1 -Palm Tree Boulevard Specifications: Typical Configuration (1) A minimum six (6) foot wide sidewalk separated from the back of curb by a four (4) foot continuous planter strip. Public frontage less than 1 O feet wide shall be completely paved. Section 2.5.1.5.a.i.1 -Parkway Specification: Typical Configuration (1) A minimum six (6) foot wide sidewalk separated from the back of curb by a seven and a half (7 ½) inch continuous planter strip with twelve (12) inch wide stamped concrete safety strip along the back of curb. Public frontage less than 15 feet wide shall include a minimum six (61 foot wide sidewalk separated by a landscape strip with remaining width. Landscape strip shall not be less than four (41 feet wide. Public frontages less than 10 feet wide shall be completely paved. 763 2,5 STREET REGULATIONS Tim scmo" ,;omains Rcgub\ion< and Guidc1i11e, for 111<0 impro,·cmcm, prod,;ion. ,:011figuration_ and dc<ign of mcc1s. !111pkrncntallDn of impro, cmcni,, m11urcd along '"'"""!-' ,,, • .,,, is also addressed in Book II! Pnbhc lmpro,·cmcms S1ree1 Rc1:u1J1io1,s a,c sot follh to c11<11re tllai st1Ccls a,,d blocks 1hroug'1ou1 the Plan Area arc upgraded o•bm!t 11,U,thc quali1y and care ,1eccs.a,y 10 enhance the connccti,-,1,· ofsnects. 10 c,catc s:,k a,d aurnctiYc s1rcc!.lcap< cm•,ron1i,ent,;_ and to e11cour4gc walkmg Huoughom the plan aica as ii mtensffles ThcS1r,•e1 isdch11cda, the arc:, bet11cenback-of-sidcwalk lines !l mcludcs the mo,-,.,~ lanes. p:,,k,ng lanes and mcti1,1'1S as well ,,s 1ltc s,Je,,slk and ""Y s1dc\\alk la!5dscaJ)C ""'"' (sec Fog 2.S Conid~r Defouuon ofTct11'<) S1r«·I< """ be pnol,d:,. or pri, ate!\ owned ""d tP."im;,iucd All new sliccts wnhin the Pl,u, Aro,1. b,nh public aud pm;otc. skol! be desig,,cd aad configuI\Cd accordin3 10 the foliowin& ,cgubtior.s fig.2.S Corridor Definitions ofTerms 2.5.l Improvements to Existing Streets S1r,etscapc impro,·cmcnts io existing sl!ct:ls a,e requir,d to i•mmote tile tJJ>e of chaugc en\'ision<d by !he communi1y by pm, idmg "t1rnc1i, e and co1npa11blc c~ovironme!!!s for 11tc desired tJ'(>CS of new <1c,·clop,nc,11. ns well as ro, higl,!_,. ,ahu:d e,isting dc,clopmem. Tl1<0 design of specific ,1r,c!Scapc impm,·emC!llS " mlegralcd wnh tile co11fig11rntion of Cenlcrs ai,d Segments c,i.,blisl,cd m Fig. 2. ! . Corrido, Cen1crs and Segments Map Tlus,ootdiu;t\ion rcs.,\1,; in,hc organi,nimnol streelscap< 11nprovcmcn1s 11110 1hree l"'""'I)' scgmcm impnwcmelll t)·pcs. '"Clamc Bouk,·atd" impro,cmc!lls along Edinger A\'cnuc. "Palm Tn,c Boulev;ml imp,u,,•mcnts along Beach Bo"!cl ard nollh of Main Street and "P;ukway"' i,npro,emcms along l3each Foulcvard ,omh of Main S\rcc! Fmthcr demi! on the e~!em and 1mpkmen1ation ol s11cc1s,aµ,: unpro,·emc<lt, """ be found ,n Book Ill. Tl1e Thoroughfare" 1hc area between a s\1ttt's cmb, 11 i,,cludcs tl,e mo,·ing !ouc,. parting lanes. and cemrnl 1"cd1aus ii) Public Fro,~age is the m~a hclllccn tl,e 1lmmughfa1c cum face and the b.10~-0H1de\\alk line, i"ch,drng tl,c stdc";,lk a,td an;· side"a!k \andscaµ,: ,area, a, shown in F,g 2 5 Comdor DefiniuonofTcm,s. a) General i) lmpm, cmen1> to e.,istinJ/ slreet< are ,cquircd for each Corndo, Center a11d Sc~mcn1 "' specified ;., scclion 2 I -Dc\'clopmenl Sta11J"rds along all street fmntagcs ii) ii,) !n hmances where exi,ung strccl nrea, alread;-cO!llain l'ublic Frontage ofThornu~hfarc features that are ,nrnck>1llY similar to those re(1u11ed in 1he Pim, ,md Qtpc1tding on the condition of !hose features, all or pall of the rc<1u11td Street lmpro\'cuu:ms may be waiYed by lhc Publk Works Dirccm,. I i, toce ,., • proposed new de,·clopmen! w11h tile 11ma\la1io11 of l ,e required tr<:ot !mprovcmenls, the propeny owner shall «1nlbursc the Ci1i· for the com of th.11 portion of the ins1alla!ion along the length of the pm•mc propcny Fundi11~ mccharn,ms ,.,ch os a rc,mbnrscmcm agreement, Commnml) Facilities Districl. or oll><:r mccham,m 1n;1)· Ii<, co1,sidercd 1·) In insta1\<"C$ \\here 11cw strcc!s must be co,istnicted -1hal is, in i,manccs where !heoc nrc no cxisung 11ublic front;,~e or thorougl,forc condmons - 111<0 p11bhc frontage and thornugltfare 11 ,I! be i11<ta\lcd a, par\ of the req111rcd now succl sl;u\dards spccrficd ,n Section 2 S.2. Street Ty(>Cs (New Street Design). The dc1 e!op-cr w,ll be re,pousiblc for 11><: dcs,gn and co,mn,cuon of lhc puh!ic fmntago ,md the tllotoughra,c alo"g ll1esc slreets v1) All de1·clopmcut Jpplica1ions shall dearly identify fire access mules sub;ccl 10 Fi,c Depanmcnl Ro\"icw. N,>I<'. hewfoper,· mus/ n,r,,,.,,nce /lm1l'1,gl<m /Je<>ch Fir, {)ep~rlll!en! C'1)' Sp,•cijirnlwll a -IQ/ /.\/mmwm S!midarrls_{<w Fu--., ,lppamlr,s Ac('('.<.</ am/ CilySp~,·ifia,ll<>J> r.-1/5 (1-i,~ /.,me;· S,g,,.,g,, ,md .\!ark'1•~-' 011 l'm•(!/e, llcsu!cl!/1<1/, (•,mmremal ,md /,,Ju.<lri"/ l'r<>p,,-,,.•.d {<,r Fire ,kccss 1/vad r<q11im11mls. b) Tlwrouglifare bnproi•ements iJ Tl,oroughfare lmprovcmc1~, along c,isiiog <Utt!s from 111<0 focc of cmb lo the thoroughfare ccme,linc sk,11 be 1,aid for by tl,c clc,dopo, as i) Tho iusla!lat,on of nc11· Pub he F10n1age lrnpro\'cmem, (from the back- ii) In rn,1aucc; 11!,ere mstalla1ionof,eqmrcd puhlic fmmage nnpro,crncnts as p;,tt of 011-site comtructioi, arc fo11nd10 be in,pmc!kal -fore,ample ill instances wl,c,e IIIC private fro•uage is pallicularl}' ,,arrow or frngmcn1cd. tl10 propcn)· 011 ner/Dc,·clopc, may rcq,ies1 lo th" City !hat an in-lieu fee Cc p:i,d for tl,e requjrcd pul>!ic homage imprmemcm, when IIIC)· can be comb111<d 1rnh 1ho.<c on udJaeem p,opctt,cs 01 as pall of a c,1_1·--sp-onsored street 11npro,·cmc111 progran,. lf tile my ag,ecs ~ co,1 cstunale shall be ,ubmincd lo lhe Ci1y b)' U.c dc,elope, for re,·icw and acccpl.11\<"c "-~!•Ure' ClamC Dou\:;\'ard impro,emcnls and the pro1K1,od pro;oel ha., less tha11a full block ofmtt! from.age, tl,e p,ib!ic frontage impro"cmrnt.s may be pl"1>ed in al a lalcrdatc, subJccl to lhc appro,·al oftl10 Directors of Plaimlllg and B11ildmg and Pub he Wnrks. prov,<led tha! 1l•c buildmgs arc siled 10 accommodale the pl\blic fro!l!agc impro\'cme>1!S. i.e. setback [n the m1cri111 co1\di1iou, 111<0 public (ro>Ua~e arc., sliall be fully lm•dscapcd will, mirum.'11 driveway opening> d) Locatfog Jlack• of--Side,1'Ulk i) All E~i.1Ung Succl lmpro\'cmem diagranis aro ins•;illed behind 1he locallon of!hc focc ofcuIDex,stmg ;,J 1he time ofprop<:rl)' develop men! Therefore. tl,e loca1iou of tho back uf tlu: 110wli-u1>1~llcd si<lc11·a\k {!ltc bad of tl•c >id<walk is furthest from !he cuth) is detrnnine<l b)' adding up lite Clt1"·SCCtion dilllCIISiOIIS of !he .-.,~uircd Pnbhc l'routagc lmprovemen1s in-hoard oftl,c c,imng face-of-cum 45 764 Classi!,._Boul,:iV8rd_ SiiCcifiClitjoW Class,c f:loulc\·ard rn1provcmc,us. thomughfare ,,.d public fromagc u,m! include the fol1011ing spccif,ca\ious (sec dingra,m1· 1) Thonm1'hCarrCm1Hmntim1· Three (J) through lanes ineachdin:c1ion. a fand.,mpcd center median with kfl mm 1>0dc1s al sdec1 mtcrsec1i011< (l) Curbed l;rndscsped mcdisn mth ,i, (6) inch curl>, ~nd twelve (ll) inch swmpcd conc,ctc safety stepping ,rrcas on both sides \2) !come double arm boulc,•,rrd-scak slrcc1 lightmg loc,11cd along ccmcTline of lhc median al approxtmate\y nintl)' (~U) fret on..:cn1or Li~l!! source should be loc,1lcd twcnty-fn·c IO thirty (25-JO) feel above finished grade ao.d ccmc,cd bc1ween 51r<:Cl 1rees. Fmish color fresh green (.1) Modcr.,tcly l.trge ,;nglc species tr<:C -facarnnda mimosifolm -located along ,J,e ccn1crli1,e of 1hc mcdi,u, approx;maicl.~ thirl)' (JU) li:cl on..:cmcr and aligned ,,cross (l,e mccl \\ilh 01hcr 1rces as much as possible. T,cc C'11'opy to be 1r.1inod into a round-shaped fonn \\ilh an open l,ab1L S1,ccial sub-smface co,.slmction is rcquir<:d (O allow for proper Ucc gro\\1lo and health H) ~kdrnn 10 be planted w11h nah.-cl water cfftcrcu~ low groundco\'cr of green foliage. which ,eqtlir<:< mimmal nngauon an<l a low level of n,mn1cna.,cc ;;iJ Acrr« I ·rn,· fn"firuration ( I) Protec led ,,ccess lanes wi1h a ro\\ of;u,gkd parl.ing oriented at fort)'-five (H) degrees 10 1hc ,nrb a,o '"l'"mlcd from !l,c thmogl, J;uics by embed la,,dscaped scpamtors (2) Modci;,tdJ' large smgk species tree -Jacaranda 1nimosifolia -localed in flush 1ree grales in dte angled parkmg zoiic at appro,imotcl)' thir!J' (JOJ feel an=n1cr a,.d ;rlig1;cd across lite street will, otl,er lr<:CS as mnch ,os 1m;sibk. Tree canop_1· to be lr.1iucd ,mo a """\!l"sl•~pcd fonn w,1h an opcu hab11 Spc,i;ol sub">m-facc c,>n<truct;on i> required w ;,llow for pr~pcr ucc gm111h ;ll.d hcallh { I) /1 niuc (9) foot curbed l.111dscapc ;cpo,a101 (si~ (6) inch curl>, and l\\cl1·c 1 ll) inch ,1am1>e<i co1i,;n;tc safely slq>ping areas on both sides) located bet"'"" tho through!arc and ;occcs> lanes (2) Iconic double am, bmdcsard">calc :t!!d pcdcsm:u,"""alc street lighting loc"tcd •111hrn 11.., curl,cd lal!dscapcd scp,uators \lllh a spacmg of ap?ro.,miatd_1• niuct)' (~l)) fed on..:cnicr. Light soun:c sl!O\lld he located memy-Ji\e to 1lnn1· (25-J(I\ feel "bo,c fimsl,cd grndc forboulc,·aid-scak slr<:c\ l,gh1ing and t\\'dn to fo,n1ctn( 12-!,l) feet abo,c fu11<hod grade for 1,cdesm:rn-;c"k strccl ltghhng. Fmisl, colur. flesh green (l) Moderately large single specie< uce -Jacaranda mimosifolia -localed along tlic cenlorlme of !he curbed l.wd«'.:apod sep;,ra\0<1; wilh a spac,n~ of approxmrnlclJ' 1hi°'y 00) feel on-cc mer ai,d align,cd across the m~e! ""h 01hcr nee< as much :rs 11o«ib!e. Tree ,a110py to be 1r,1ii,cd ,mo a rom\!l-shaoped fonn llilh '"' apon h:,h1!. Spodal sub-,u,fac~ constmc1ion is required 10 a\lo" for propor1,cc gro\\'lh aud health (,l) Separn1or 10 b.c planlcd with ,m!wcl "ater cfficienl. !ow t,1oundconr oi green foliage. wloich iequin:~ noinimal irrig;)li<>n aitd a low k,-d of maintc,.ance vl Pl'd£11riw 7.ooe (I) A mi,oimmn twcl,·c {l?.) fool wide sidewalk (2) Iconic single arm. pcdcstrnm-scak ,ucct hghlm~ loc:,ted on 1hc sidewalk ,n b,Kk-of-curl, ;,nd spaced approx11m1ely m sixt_v (f,U) feel 0±1..:emera,~I c-,ntered bc1wcen tree, in the access lane. Finish color: fresh green {3) Prd«l fence style kucl,cs with farrah \\ood or FSC ccnificd l,>e wood slais and s1ccl frame, and ,1ccl trash n:ccpiadcs \\ith an acsth<lic tl~,! e1·okcs ll,c beach and sm-f ct\llure McW!11orlc fmasl, color frosh gr~cn Hg.2.5.1.· 3) Classic Boulevard Public Frontage 765 P;,lm Tree Boulc,·a,d irnpro1·emcms. 1homughfarc must include tl,c folkming spocifica1ions f.1ec diagrom) 1) Thnrn!!ghf;m• Om1in1rn1im,· 1 l) Fout (,I) 1hm1111h lanes in each d1rcc1ion and o !ai,dscapa,d center mediau wilh lefl n,rn p1.Kkc1S at select imcrsc,1ions ii) C.11!rrMcdiu1r (11 CuffieJ la!ldm•pcd rnedrnu 1111h ,i~ (<;J rnch cum, and t11clvc ( 12) inch ,w,,pc<! concMc safety stcppmg '""•" 011bo1h sides ().\ komc <lonbk ;uin ba"lo,•ard-m1lc slrccl llghtrng \oc.11cd along ccnterhnc of 1li,; median at approxmrnlcly nrnety lo on,;, hund,ed and IWCl\1)' (~0-! 20) fee! 01i-cemc1 (orc,·c,y lhrc,., O) clusters of 1);llm ,,~es). Snee, ligll!ing I<> be the fiT>1 1·01\ic,,I dcmem a1 1hc c11ds of tli,, mcdrnn ""d !ighl somcc .sl,ould be located 111c:,ty-f,ve lo llml)' (25-:lO) kcl "bo,c fim,hcd gm,k. 5 C r I l C (1) nu,1ers of tl,rec smgk•spcdcs. tall palm tree< -Ro1·s101,ea rcgia - arranged roughly every thiny to 1h111r-fi,·c (.10-JSJ feel Trees 10 be uµlit b) Neiglib1Jrlwvrl Ce11ter Streeifrmtt Whc,c Neighbo,hood Cente, Slrcclftont impro.-emems an, rcqui,cd, public frontage mm! ii,dudc 1hc follo\\ing ,pa,cificalio,o (sec di;,g,am)· i) P1:dntri1rn 7@e (l) A nunimmn ciglitccn (18) foot 1\ldc sidewalk shall provide ample room for pedestrians to walk, and 10 c11C0Uragc activities mcludmg ouldoar dimug. locatio11S for kiosks. food c,uis. and flo\\·c, sialls (2J konic double ann bo11k1nrd'5ca!c and pcdcstrim1-scalc meet ligh1ing :,1 appm~mmlcl) dgh1)' {81J) feet on-<:cmcr Light so,uce sl,ould be loca1cd lwenl_1·•f1vc to thllt)' OS->O) feel abo,•c fuushcd grade forbo11lc\'atd-scalc street !igh1ing,md twckc 10 founcen ( 12-H) fe<":t abo,c fimsli,,d gr.,dc ro, pcacslnan-sc:1le meet lighting. Finis!, color· fresh gn,c" (J) L,gln s1at1da,d, sd,"<:1jan 10 be spe<":1fled by Plannrng and Bu,ldmg Pirccior mul P11blic Works DirectorfDcsignce (~) Furnishing< ~~~~~mM~~J ol greeu foli;,~c. ,,-hid, •~'l"""' minimal ,rngm,on aud " low tc,·d of mainl.;rn,,,cc a) Typkuf Co11figuratio11: blm Tree Boub;ird 11npro\'emcnls. public fron1agc nmst iiteludc the followmg (!) A ,nininmm <IX (6) fool wide sidewalk sopamte1! fto!II 1hc back ufc,ub by a four(~) fool cominuOU< pllmer slrip lo,aled within the p)aul,·r s!,ii> at appro,imatcly ,,;net;-(91!) feel on-<:c!l!c,. L1gh1 somce should be locmcd twent)'•hc to thiny {15-J!I) fee! ,,bo\'c fmisl,od grodc for bou!e,·ard-sca\c street ligl,tmg and mcll-c 10 founecn (12-!~J feet above fi11i>hcd grade for p<dostnan-sca!e meet !igh1ing Finish colo,· frc,l, green ,J) Planter s!np 10 be planied 111th ,wil-c/ w.,tcr efficient !011 grnundcovcr of green foliag,;,_ ,dud, requires mminml ,mga1rnn and a low level o( mam1cna,.cc (~l Pkl:ct fence style benches wilh fa,rah wood o, FSC ccnified lpe wood slats aold Sled frame. and steel tr.,.sh rcccp1acks wilh an ;oc,1l,C!k 1ha1 o,okcs 1hc bead, a!ld surf culture. 1''1e1ah10,~ fimsh col,,, fresh ~•ccn fig.2.5. i. 4)a) Typical Public Frontage Fig.2.5.1. -4.)b) Neighborhood Center Streetfronl Public Frontage 766 48 5) iParkwaySpecifii;ntfoJlS Parkwa)' impro,·c1ncnrn lhomughforc musl ;.,elude the followmg s1w:d!ica1"lns (scediagmn,) rbnn111ehPur {''!ntie,1rn(Mw ( I) Th,'Cc (1) lhrnugh lmi,,s in c;od• dircrnon u11i1 <1Ccas,onal par.II Id parking ,lung lhc side\\alk eurt,. aud a landscaped ce!ll<r mcdi"" "i,h left iurn packets al sclc'<CI l"\ots.·ctions Crnlrr Medi l!l" (l) Curbed la1!dm1pcd <1i,,dian ,rnh si, {6) ii,ch curbs ,uul l\\elvc (12) inch <lamped concr<'!C saft1; stepping area, 011 bo1h ,ides {]) An Mrangcm<:nl of al1cm:11ing. infom,a!l)' shaped d11.11c,, of \'cge!aho!I (T;·pe ,\ awl Ti·1>c 13 -dcscnbcd bdoll') planlcd on within the mcdo;on rn11ghl)' O\"CI}' flfly la ,,~!)· (SO-GO) feet Oll"CClllcr Stralcg,cal\}' ,ckcled clu.,1crs of wgeiation to be nplit al n1glu. Low. nalfrc/watcr cfficienl g",uudco,·e, of gr,;c,, fol,agc to be mlwniltc"! with the vcgcia!ion dusters (;,) Type A cluster: a single nmlu-trunk palm ucc -Phocrnx 1ccl1>.ata - b1oad-kaf tall !t,l!he/ waler effu:iem grasses ,1nd ni,,dmm-hc,ghl nalivc/walct cfflciem grn11ndco•c1 with flaw<'" (b) Typ< B duster: a duster o( .singlc-tnmk. nu:di,un-he1ghl palm uec.s • Wod\'elia btfnrcma {!n:cs sclec1ed from ntJrscncs tlmt seeded t!,c trees 111 Cailifomin)-s1u,lil acccm p,grny palms -Ph<>eni, rocbclc11u -a,td low uatile/ 1rn!e, crlidcnt grasses and/or grmrndc<>,·cr, prcfcr~bly wilh llawcrn 1J'picul Config11rution: P;,rkway 1mprme11,cm,, pllblic frontage nm51 mdudc the follo\\illg sv<df,cation (]J A lnimmum "' (6) foot \\'!de sidewalk scpam\cd from the back of cu1b by a ,c,c11 and a half (7 '/,) inch connm1om pl,rntcr <lnp llith t"ch·c (I).) i•!Ch wide slamp<d co1.::n,1e safety slrip aloug the back nf c,ub Vc11c1i,n lamcm, !lmt spc~ks lot he rom,mcc andicsm·c m,nosphercofthc bc,1G11 iHa nwdcrn ""Y) located "'!11111 the plammg ,1np with a spacing o( '°"ghl.r eight,· to !llnCl) (S0-9(1) feet on-ccmer. The ligh\ source sho1!1dbe located al fourteen (!4) fee! r,om 1he flmshcd grade \\ill! fillers 10 ctcatc ~olmed effcc15 thrnugh a \\rap·around foliage masi; Vm,~h co!or: ~un- mc1al (l) Wi(l'l!! planter smp. arn.,,gcmen!s of 1wo tall palm trees, \\!lh 1lu,;k ;ind \'Cf!' <lraighl mmks • RO)'S!Onea ,egia -th!'1) (311) fee! apart \\l!l,., Slrecl light ccme<cd U\ htl\\OCI\, are mlenui11crn ll'llh an mfonnal compoS1UDn of mcd;11111-h.:,gh1 palm trees -W11dJ·c1rn b1furcma ;11,d s,uall accent p,gm;· p;iln, tree,. Phocni~ n,ot.,l:;ni1 {•I) Planter stnp, to be buill as functional stonnwalcr n,;11,agcmem fae,li1k. whc11cve, possibk. laudsca1,ed with a mi~ of 11.ltil'el \\otcr efficjcnl. low groundco\'er of green folia~e. whicl, .-eqmrr:s minimal 1nigat1011 and a low le,·cl ofn,1intenancc (5) Wlw:n parallel 1,ukmg along tire cmb occ11rs. prn\'idc for bre,1ks across the plaming mipwitl>s(cppin1: stones, in o,dcr!O allow for passengers to reach d,c sidc\\alk ((,) P,cl;ct fence s!)'lc be,,chcs 1\'ltll poly5\lc slal< and steel fr~u,o, and s!ecl u-a,l, rocepmclcs with an ae,1li,,lic !lwl crnkes the bc"ch and surf culture Mclah,otk and polysite fwishtolo,: 11 llile Fig.2.5.1. S)a) Typical Configuration Public F1ontage 767 b) Neigliborluwd Cell/er Streef/ro11twitli Acces)· Lane c) Neigl,borlwod Ce11ter Streef/ro11t witli Palm Ne1ghbo,hood Center 11uh Acee» Lane imprnvcmenls m1'sl mdudc the followmg Nc,ghborllood C<me, Sm,c1from wnh Po!n, improYcme11ts nm,t 111<:lu<k the sp,cc,ncallon (sc'C d1,1gram) follo11 ing ,pcc>lic;,!ton (sec diagram) i) Acer•, L-,nr Confirm,Hon· (l) Protcc1cd aecess lane w!lh o ro11 of angled pa,ki11g, in bclwecn the s,dcwalk mod 1hc cxhtiug cum face." scparalcd from the through lm,c h;- • embed laiuhcaped scparn!Or (2) l'n!n> tn,cs located in flush 1n:c wells centered in the parking lane apprn~,m,.le!J' fort1· Hll) foct 011-"Centero,e,·ef! h,o to th,~e (2-l) parl<ing slalls. T"'c specie< lo be q,ecified b) Pl,uming :rnd Bnilding Dircc101 :,nd Publk Works Dm'<:tor/Desig1ice Hl 1nm: ! linr Srm1rw1C· (l) A"'"" /9) foot curbed landsc:,pc separator with"' {6) inch cmbs and twd,·e (!2) inch stamped cooic1~1e safot)' sicpping ;>n,a, on both sides loomed beh,·ecn the throughfa,e and ,iccess lane (1) Unique donble ann pcdcsuian"cale s1ree1 hgh\ing ("'minisccm of colored Venetrn11 lanterns d,at ,peaks 10 the romance and fes1iw atmosphere oftl•e beach "' a modem \\ay) located w,1hin 1hc separalor \Htl• :, nu,x11umll spacmg or einhl,· (&ll) l"cet on-cemer Tlic light source should be located a1 fonrtcc!I (U) fret (mm 1he fm,shcd gr.ode \\Ith fol1cr:s 10 cre,11c colored dkcls th,,mgh a \\rai,.arnnud foliage ma,k. Fmi,hcolor gun-mcrnl (J) Pain, lte<s planted al a ma,imum spacing of fort)' (-10) feel 011-cc11ter Tr.:~ ,µ,des to be specified by Planning and Bu1ld1ng Director ond Pubhc \Votks Di!cc1or1Dc;igueo (-1) Scpa,-;otor to be pl.1mcd \\'Uh m11hel \\ate, eftkient low grou,.dco\'or or green foliage. wluch ,cq,ures miliimal irngauon and a low le,·el of m:umcu:mcc iii 1 P1·dv1!dw Zunr (ll A mrniirn,m twcl,e (12) foo1 "idc sidewalk (2) Unique smglc arm 1>c<kmian·scalc sr=I HglUrng ("'mimscenl ofcolmtcd Vc11<uau laulcm, that sp,:a~s 10 111< rumaoicc aud fosm e mmnspl,erc of the b~:tch in a modem \\,1)') :II a rna.,im•1m spacing of eight\' lo uiuety (8(1-90) feel mHcutcr along the side11:ilk bac~ of cu,b and placed \x,t11ecu 1,cc, '" 1he access lane TI,c li£hl sonn:c shonld be localed at Joun"cn (l.j) feel from the fm1Sl1<d gr;dc 11ith filler:s to c"'alc colored "ffect< through a "rap-a,ound foliage mask. Fm,s!, color: gun-metal <J) Plckcl fence s1ylc hcud,cs 11ith p,olyslle sl:11, a,ld s!ecl frame. and stcd m,h ,-,ccptadcs with an aesthetic !lia! c,·okc< die !x,ach a,~l surf c111iurc 1'k1al\\otk and polrs,;e fini.sl, color white l'!'de1trian Znnr [l) A minimum eighteen {lk) fool \\ide sidewalk shall prn,·idc ;,mplc mom for µ,demian, lo 11alk, aud to cncournge ac1i,·illcs u,dudh1g ontdoor diuing. locations for kiosks. food cans. a,ld llower ,1011, (2) Unique double am, pedcsmm1·Scak sin:c1 lighting {remm,scen1 of colo"'d Vcnc1ian lamems th.11 speaks to the roma11ce a,ld festive atmosphere of the beach in a ,nodcm war) localed alo!ig lhc b;1ck of curl> will, a maximum sp:ocm~ of eighty (6H) feel on-"Cc!llcr. The lit ht somce should be located "l fourteen (H) fret fiom the finished grade with fillers to c,catc colored dfccl.1 (J,,ongh :i 11rap-oround folIBgc m;,>k Finish colo, gun•mernl [}) 1:,11 palm 1rees localed in Jlus1, tree 1tdls along the hack of c1ub wnh on a\'erJgc spacing offotl)' (40) fe<I on cenier Tree sp,:dcs 10 be specified by Pl,oming ond Bmldmg D,rcc1GT a11d Public \Vorl<s D1r<clorlDcsigncc H) P1eko1 fc,,:e >(;•le benches wilh polys,le sfal.s a,ld >!eel frame. ai,d steel trash receptacles \\'ith an ao,1hc11c 11"11 c,,ukcs the bead, a,111 surf c"II""' Metalwo,I: and poly<ilc finish color: while Fig.2.5.1. • S)b)Neighborhood Center Street front with Access Lane Public Frontage fig.2.5. l. -5)e) Neighborhood Center Streetfront with Palm Public frontage 768 .6r Sia'ndilid'AViliiiiii'd• ,7}/-NcigbDDr)J,Oo·,r-strecis. S!,rndard A,•enuc 11i,pro,·c1ncl\lS mu<I u,cli,dc th< followii\g $pcdficalion (sec Ncighbo,hood Strecl hnprn,·cmc111S mus! mdude !he folloning spedflcotion (see di.1gmm) di"grnms) r1·dr\ldw Zmw (I) A minimum cigh1cc11 (!8) foal w;dc sidc\\';rll. sl,all pro, idc ample room for 11c<lesmans 10 \lalk, and rn ei,couragc acm·,11cs inclndin~ 0111door dmmg. locatious for kio,ks. food cam. aml tlo11c, st,,lls (2) Dc,omt,w double ann bo,,lc,,,rd-sc;•k and podcmian-scalc s!<ecl llgl,unr al maxmmn, SJ>,icrng of eigltt.1· (alJ) feel on-<:enlcr. Light source should he loc,ucd eighteen to twcmi·-hc (18-25) feel ~bow finisl,ed g111dc for boule,·a,d--scak meet ligh1i11g a,\d !wcl\'c to founce10 (12- !~! feel abo,-c hnished grnd, lor pedosuian-scale meet 1;~hliug Lighl srn11daods sclcellon to be spc<1fied h)" Planning o1uJ Bt11lding Director and P10hh, Works 011cctor/Dcsigncc (3) Palm Hccs to be planted in llush tree 11clls m back of c"'b \\'i11> " ma,urnunspaocing offotl)' (~tl) feel on-ccnlcr. T,c~ spc.:u:s to he spccilicd b)' !'Janning and Buildiug Dmac1or aml fob lie Worts Diroctor/DCS1gnec l~) T,cc, shonld be maim.1i1,cd in a way tl11t pro,,des w,ob,tnictcd ,·iclt's !O shonroom ni,\dons and hmldmg s,g1,.gc rrllnhiw Znnr (l) A minimum six (f>) feet wide s1dc11alk 11,11, a minimum si.< (f>) feel 11,de con1muous plammg Slrip or h1eh"c {12) feet wide s,dcllal~ wilho1,1 co,11in"ou, planting strip (2) Slrec1s \lith he (5) lanes or more <l,a\! pro,•,dc p,,destrian-sc;,kl boulc1•ard-1cak dccomu,-c strec1 lighting al a ma,iinum ,p;1dng or ninel) (~O) kcton..:cmo,. Pedcsmm1-,calc Ilg),( «n1KC sl,oold be located !Wcl\'c 10 fooneen (12-!4) feel abo,·c fini,!tcd grade aud boole\'ard-,calc hghl sources should be lrnc;ilcd dgh1<,co !o 1wemy-fi\-e (1&-2:'i) feel ab,wc fin,ol,cd gr.ode (3) St<eets \\'Uh four( 4) l,mcs or ks, slmll pro\'idc pedcsman-,c;,k dccomln·c s1rec1 l,ghling al a niaxi,mun spacing of mnclJ' (90) feel on-ccnlcr Light sonn:c shonld be located 1wd,·c to fou!locn {12-U) feet abuvc finished gr.ode Pl Lighl siamfanls ,electron lo be specified b}' Pla,miug ai,d Brnldiug Dirccior/Dcsignec (5) Each block ,hall hal'c a single species o( modcm1cly large shade t<ec ll'ilh a m:mmmn spacing of tlony {.10) feel on-<ec11ter Palm tree, can he used as accc!lls. Spccral sub-surface construction is required lo allow for proper t<ec growth and health Tree spccl-s to be ;p«ificd h.1· Planning and Bmlding Dirccto,IPcsigncc ((,) Where"" on lt<CC\ 1mrking is p<escm 1recs ,mm be locmcd in co11unuous p!aming stnps located along 1he bacl of c,ub (to buffer pedesmans fmm the adjaccm road"·a}") (7) Where parallel 1~11king" p,c,em, !<ecs ""'l' be located in planting 11dls (111th l\ush moumcd tree gmtcs ,1' ~" option). or in cominuo11, plarniug slrips locmcd ,,loug 1hc back ofcmb (8) Where angled pa,kin~ lS i•rcs<:UI. T<ecs shall be located m planlu,~ ndls {with llush 1110,rnt,d l<ee gr.lies as on option) al lhc b,,ck of c,uh (9) Nam·c/ 1.-a1cr cfficlc!ll. low groundcovers ai,d shrubs. w],icl, reqmre mmimal ,mgmiona!ld a low Jc,el ofmain1e,ia11<e. mus! be located "i1hi11 planlmg o1rip,; ll) ~ (l) The plammg strip slmll i11dudc a one (l) foot \lide. pa,•cd ""lo passenger !a11dmg l<>Ca!cd alot!g tile bact ofcmb I ~rn,ru• I ,., Fig.1.5.1. -6) Stond;nd Avenue i'""'"" Fig.2.5. l -7) Neighborhood Street, 769 ORDINANCE NO. 4322 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING NEW CHAPTER 3.60 ENTITLED "JOINT EXERCISE OF POWER AGREEMENTS" WHEREAS, the City of Huntington Beach is a Charter City and municipal corporation duly created and existing under a charter pursuant to which the City has the right and power to make and enforce all laws and regulations in respect to municipal affairs. The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. The Huntington Beach Municipal Code is hereby amended to add new Chapter 3.60 Entitled "Joint Exercise of Power Agreements" to read as follows: "Chapter 3 .60 JOINT EXERCISE OF POWER AGREEMENTS 3.60.010 Approval. The City Council shall not approve a Joint Exercise of Powers Agreement, pursuant to Chapter 5, of Division 7 of Title 1 of the Government Code, where such Agreement is for the purpose of financing a middle income multi-family rental housing development within the City of Huntington Beach, which then qualified the property to be exempt from property taxes , unless authorized by the affirmative votes of at least a majority of the total membership of the City Council and by the affirmative vote of at least a majority of the electors voting on such proposition at a general or special election at which such opposition is submitted. SE CTION 2. This ordinance shall become effective 30 days afier its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the ___ day of __________ , 2024. Mayor ATTEST: City Clerk 770 ORDINANCE NO. 4322 REVIEWED AND APPROVED: INITIATED AND APPROVED: City Manager Direqrf,C~~evelopment 2 24-14077 /333647 PLANNING COMMISSION STAFF REPORT TO: Planning Commission FROM: Jennifer Villasenor, Director of Community Development BY: Joanna Cortez, Principal Planner SUBJECT: ..title ZONING TEXT AMENDMENT NO. 23-002 (ZONING UPDATE) REQUEST: Amend eight chapters of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) to update definitions and processes, provide clarification by codifying existing policies and code interpretations, and introduce a process for space efficient parking such as mechanical parking lifts. The chapters to be amended are Chapter 203 (Definitions), Chapter 210 (Residential Districts), Chapter 211 (C Commercial Districts), Chapter 212 (I Industrial Districts), Chapter 218 (M Mixed-Use Transit Center District), Chapter 230 (Site Standards), Chapter 231 (Off-Street Parking and Loading Provisions), and Chapter 241 (Conditional Use Permits and Variances – Temporary Use Permits-Waiver of Development Standards). Additionally, amend Section 2.5: Street Regulations of the Beach and Edinger Corridors Specific Plan (BECSP) to update the process and provide clarification for street improvements within the specific plan. LOCATION: Citywide ..body APPLICANT: City of Huntington Beach PROPERTY OWNER: Not applicable RECOMMENDATION: ..recommendation That the Planning Commission take the following actions: A) Find the project exempt from additional environmental review pursuant to City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act because the request is a minor amendment to the zoning ordinance that does not change the development standards intensity or density and in accordance with the 771 BECSP Program Environmental Impact Report No. 08 -008 certified by the Planning Commission on December 8, 2009 and CEQA Guidelines Section 15162 and 15163, no subsequent EIR or supplement to the EIR need be prepared for this ZTA and no further environmental review or documentation is required; and B) Recommend approval of Zoning Text Amendment (ZTA) No. 23-002 to the City Council with findings (Attachment No. 1). ..end ALTERNATIVE ACTION(S): A) Recommend denial of Zoning Text Amendment No. 23-002 with findings for denial; or B) Continue Zoning Text Amendment No. 23-002 and direct staff accordingly. PROJECT PROPOSAL: Background: ZTA No. 23-002 represents a request to amend and update certain sections of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) as well as the Beach and Edinger Corridors Specific Plan (BECSP). The last HBZSO update occurred in 2019 while the BECSP was last updated with a minor amendment in 2023. It is considered a “best management practice” for cities to complete periodic updates such as this. The purpose of this update is an ongoing effort to address common clarifications and issues that arise through the day-to-day operations and interactions of staff, residents, and business owners. In some cases, it can be a simple as clarifying a definition; in other cases, proposed amendments address emerging technologies such as tandem car lifts which are not contemplated under the current zoning code. In the case of the BECSP update, the proposed amendment will provide certainty for street improvement requirements to property and businesses owners on Beach Boulevard. The proposed zoning text amendment will amend the following chapters:  Chapter 203 (Definitions)  Chapter 210 (Residential Districts)  Chapter 211 (C Commercial Districts)  Chapter 212 (I Industrial Districts)  Chapter 218 (M Mixed-Use Transit Center District)  Chapter 230 (Site Standards)  Chapter 231 (Off-Street Parking and Loading Provisions)  Chapter 241 (Conditional Use Permits and Variances – Temporary Use Permits-Waiver of Development Standards)  BECSP – Section 2.5: Street Regulations For ease of reference, a summary matrix providing a comparison between the current code sections and the proposed changes is included (Attachment No. 2). Legislative drafts of each complete chapter are provided (Attachment No s. 3-11). In the legislative drafts, bold and underlined indicates new text; strikeout indicates removal of text. 772 Study Session: This request was introduced to the Planning Commission for study session on February 13, 2024. The following questions were raised during the meeting: Antenna Update Commissioner Pellman asked if 5G wireless technology regulations had been considered with the updated definition of “antenna”. Staff explained that the proposed zoning text amendment would be updating the general definition of antenna, which includes all types of antennas, not just telecommunication antennas. Staff further stated no changes were proposed for regulations related to wireless communication facilities as found in Section 230.96 of the HBZSO. Artificial Turf Commissioner Pellman inquired about artificial turf as permitted landscaping. Staff stated that required landscaping may include artificial turf as proposed in the updated definition for “Landscaping”. However, since the study session, artificial turf has been removed from the landscaping definition and no change is proposed . Specific Plan Updates Vice-Chair Kennedy asked if there was a reason BECSP had been chosen to be updated and whether other specific plans would be updated in the future. Staff explained that BECSP was being updated to address a conflict in the plan related to required street improvements and Caltrans ownership of Beach Boulevard. Staff further explained that no amendments were planned for other specific plans. Current Projects in BECSP Vice-Chair Kennedy requested a list of current BECSP projects. Staff stated that the information was not available at the moment, but staff would present the information at the following Planning Commission meeting. The projects are listed in the following analysis section. ISSUES AND ANALYSIS: General Plan Conformance: The proposed zoning text amendment is consistent with the goals and policies of the City’s General Plan including: Land Use Element: Goal LU-1 – New commercial, industrial, and residential development is coordinated to ensure that the land use pattern is consist with the o verall goals and needs of the community. Policy LU-1(D) – Ensure that new development projects are of compatible proportion, scale, and character to complement adjoining uses. 773 Policy LU-4 (D): Ensure that single-family residences are of compatible proportion scale and character to surrounding neighborhoods. Goal LU-11 – Commercial land uses provide goods and services to meet regional and local needs. Goal LU-13 – The city provides opportunities for new businesses and employees to ensure a high quality of life and thriving industry. Housing Element: Policy 1.4 – Encourage resident involvement in identifying and addressing maintenance of housing in their neighborhoods. Policy 4.3 – Explore continued improvements to the entitlement process to streamline and coordinate the processing of permits, design review and environmental clearance. The proposed ZTA will allow the City to process new development requests with greater clarity and in a timely manner. The proposed amendments will refine the process for common maintenance improvements for residential properties such as perimeter fencing and accessory structures while ensuring that improvements are done in a manner that is compatible in proportion, scale, and character with surrounding uses. The prop osed standards for fences/walls will allow residential applicants different design options for permit approval that will provide greater privacy, compatibility with existing neighborhood fences/walls, and with reduced permitting timelines. Providing addit ional guidance for accessory structures, such as patio covers, will empower property owners to confidently design these structures in a manner that will comply with code and reduce plan check revisions. The introduction of space efficient parking standards in the form of mechanical stackers/lifts will provide additional parking design options for commercial and industrial uses. These standards could provide opportunities for new businesses to move into constrained sites and still provide required on-site parking. The proposed standards will allow this use to be designed in a manner consistent with existing parking standards. Development standards have been added to protect sensitive uses such as height limitation, full enclosure of mechanical equipment, and additional noise attenuation measures. These new changes will provide greater customer service as this amendment will provide a clear, review process for common improvements or inquiries from residents and business owners that will ultimately benefit the City. Circulation Element: Goal CIRC-7 - Designated scenic corridors protect and enhance visual quality and scenic views. 774 Goal CIRC-7(D) - Provide landscaped medians and sidewalk treatments in accordance with City standards within major and primary arterial streets designated as landscape corridors, and continue to require the construction of landscaped medians and sidewalk treatments in new developments. The proposed ZTA will continue the streetscape vision for Beach Blvd. of the specific plan while clarifying the process for property and business owners. In revising the BECSP’s street regulations, it will provide additional parkway and sidewalk standards for rights -of- way that are irregular in width in a manner that is compatible with existing properties along Beach Blvd. The additional amendments will clarify the process for alternative street improvements as well as the acceptable landscaping for the specific plan. This amendment will remove uncertainty in the city permitting process that puts property owners and business along Beach Blvd. in a position where they cannot obtain final permit approval and the City cannot intervene because the street is owned by a different agenc y. In turn, this will allow the city to expedite street improvements, provided certainty of final approval for BECSP property owners, and may encourage more improvements of properties along one of the city’s major highways. Zoning Compliance: Zoning Text Amendment The following analysis provides a review of the proposed amendments in five sections consisting of minor language cleanup and clarification to maintain consistency within the HBZSO, codification of existing policies or code interpretations, introduction of development standards for tandem car lifts/stackers, revised development standards for both fences/walls within the HBZSO, and public street improvements within the BECSP. A. Language Cleanup and Clarification The following items are amended for minor cleanup and/or clarification purposes. Section 203.06 Definitions Definitions in the HBZSO have been amended or deleted due to various reasons. Certain definitions have been deleted because a definition exists in other applicable codes such as the Huntington Beach Municipal Code or California Building Code. In other cases, definitions have been deleted to align with changes that have already occurred within the HBZSO or are proposed with this ZTA. Finally, most definitions have been updated primarily for clarification and currency purposes. The complete list of deleted and amended definitions can be found in Attachment No. 2. Section 210.04 Land Use Controls, Section 211.04 Land Use Controls, Section 212.04 Land Use Controls, and Section 218.04 Land Use Controls 775 A text addition was included to the sections listed above to define the “Neighborhood Notification” process referenced within the provisions of the Land Use Control Table of each zoning district. Currently, a neighborhood notification is required for certain land uses but the code does not state clearly that the review process is an Administrative Permit by the Director. The inclusion of this text provides clarity. Section 210.06.P RL, RM, RMH, RH, and RMP Districts—Property Development Standards and Section 230.68 Building Projections into Yards and Courts References to “Courts" have been removed from this section. Courts are development standards for open space for multi-family development. Currently, the code is written in a manner that requires these standards for this type of development; however, this design provision does not align with other development standards within Section 210.06. and appears to regulate a specific architectural style, creating confusion. This provision has been unutilized for years as the City has adopted Urban Design Guidelines which work in conjunction with the code’s development standards; therefore, removing the courts provision eliminates an unused section of the HBZSO as well as confusion for property owners and project applicants. Section 230.12 Home Occupation Permits The additional text will clarify the Home Occupation Permit and business license process for residents. Language has also been added to clarify which uses may qualify for a permit. Finally, language has been added to prohibit the renting of homes for commercial purposes to ensure continuous compatibility with existing residential neighborhoods. Section 230.68 Building Projections into Yards and Courts References to courts have been removed to align with the proposed changes of this ZTA. Additionally, references to covered patio projections have been deleted to eliminate conflict with other sections of the HBZSO, specifically Section 230.08. Section 241.22 Waiver of Development Standards Language was added to clarify the type of permit required for a waiver of development standards. Currently, the code does not specify the type of permit. This addition specifies the current Administrative Permit process for readers and aligns it with other sections of the HBZSO. Section 241.24 Neighborhood Notification A minor text amendment will amend the notification period for Administrative Permits. The current notification period is 10 working days. By modifying the notification period to 10 calendar days, it will align with other sections of the HBZSO. B. Codify Existing Policy and Code Interpretation 776 Section 210.06.D; Section 230.08.E; Section 230.08.G Patio Cover Separation Currently, the HBZSO requires a separation of 10 feet between buildings. It does not distinguish separation between buildings or buildings and accessory structures such as patio covers. Furthermore, it does not specify the point of measurement for such accessory structures. The inclusion of this policy will allow property owners to have a building separation of less than 10 feet for patio covers and clarify the point of measurement. Section 230.68 Eaves in Required Yards The code is currently unclear as to the types of allowable projections into required yards, such as eaves. Projections into required yards are limited in length; however, the code does not account for other projections, such as balconies or bay windows, that may have built-in eaves. Clarifying that eaves area not limited in length will clarify allowable projections for property owners. By codifying these polices and interpretations in the HBZSO, information is readily accessible by applicants. This will further the City’s goal of assisting applicants in project planning and improving customer service. C. Tandem Car Stackers/Lifts The HBZSO does not currently provide standards for alternative parking designs. In this section, the following provisions are proposed in Section 231.02.G for space efficient parking in the form of mechanical car stackers/lifts. Applicability:  Single Family Residential Uses o Only surplus parking may be stored and accessed by mechanical stackers/lifts. Minimum off-site parking must be provided without the need of mechanical parking. o Mechanical parking for a single-family residential use will not be subject to any discretionary permits, such as a Conditional Use Permit (CUP).  Commercial and Industrial Uses o Up to 20% of required on-site may be provided by mechanical stackers and/lifts with an attendant.  Subject to approval of a CUP to the Zoning Administrator (ZA). o 21%-40% of required on-site may be provided by mechanical stackers and/lifts with an attendant.  Subject to approval of a CUP to the Planning Commission (PC). Mechanical Parking Design Standards:  Except for required ingress and egress, all mechanical parking systems shall be enclosed. 777  No more than one vehicle shall be stacked over another parked vehicle.  All equipment shall be sound attenuated to comply with the noise standards in Chapter 8.40, Noise Control, of the Huntington Beach Municipal Code.  Except for single-family residential, all mechanical parking systems are subject to review by the Design Review Board (DRB). Operations for Mechanical Parking Systems:  Mechanical stacker/lift parking systems shall not result in queuing into any public right-of-way.  Covenants will be required for the operation and maintenance of the mecha nical parking system and for a required attendant.  All parking systems will be required to provide an on -site generator and a manual override feature to retrieve vehicles in the event of a power outage. This section is a response to public inquiries over the years. For residential purposes, many property owners have extra vehicles, such as classic cars, that they would like to store onsite. The City of Huntington Beach has a large population of the classic car collectors and is home to many classic car shows. To comply with minimum residential parking requirements, many property owners store their vehicles off -site. The proposed provisions would provide additional parking options for single -family residential property owners and not impact neighborhood parking or aesthetics. Commercial and industrial property owners have in the past inquired about providing additional parking in the form of mechanical stackers/lifts. By creating a process for this design, it would provide additional parking options for business and property owners in a manner that is consistent with the HBZSO. Requiring fully enclosed mechanical parking system with DRB review will align with existing development standards for parking structures. The proposed percentages allowed for tandem mechanical parking and associated hearing bodies will also align with existing tandem/valet parking standards in the Downtown Specific Plan, which operate with parking attendants, similar to the proposed parking standard. In addition to these standards, technical studies will be required to compare expected traffic-intensity with the parking system capacity to determine the amount of short-term parking and attendants needed to ensure minimal traffic/parking impacts. D. Revised Development Standards – Section 230.88 Fencing and Yards This ZTA includes revised development standards to Section 230.88, specifically to Section 230.88.A Permitted Fences and Walls. Additional text from this section has been deleted or revised to align with the proposed amendments listed below and other sections of the HBSZO. All changes can also be found in Attachment Nos. 2 and 8. Current Requirements:  Fences or walls a maximum of 42 inches in height within any portion of a lot o Fences or walls in RMH-a zoned properties must be setback three feet from the front property line 778  Fences or walls a maximum of six feet in height may be located in required side and rear yards o Exception – a maximum two-foot lattice (wood or plastic) extension that is substantially open may added to the top of a six-foot-high fence or wall without a permit  Deviations from the maximum height requirements may be permitted subject to a CUP by the ZA Proposed Requirements:  Fences or walls a maximum of 42 inches in height within any portion of a lot o Fences or walls in RMH-a zoned properties must be setback three feet from the front property line  Fences or walls a maximum of six eight feet in height may be located in required side and rear yards o Exception – a maximum two-foot lattice (wood or plastic) extension that is substantially (minimum 50%) open may added to the top of a six-foot-high fence or wall without a permit  Deviations from the maximum height requirements may be permitted subject to a CUP by the ZA Revising these standards will provide consistency for wall height and setbacks amongst most zoning districts, eliminating confusion for property owners. These changes will primarily apply to residential uses, particu larly benefiting single-family residents. Currently, a building permit is not required for walls 42 inches or less; however, current standards create a scenario where some property owners may inadvertently construct a wall at the incorrect location if no plan or permit is required. This revision would help property owners avoid a costly scenario where a completed wall has to be demolished and relocated, or an entitlement is required to rectify the situation. Likewise, this section allows lattice extensions for perimeter fences and walls for additional privacy. While the code allows for lattice, it is unclear how open or solid the wall extension may be. To avoid extensions that do not meet the intent of the code and to not compromise the structural integrity of an existing fence or wall, additional language has been added to explain that lattice means 50% open. Similarly, the desire for more privacy and uniform aesthetic is a common request concerning side and rear perimeter walls. A recommendation to raise the maximum height for side and rear perimeter walls from six feet to eight feet is proposed with this ZTA. Staff does not foresee any issues related to this change and any issues could be adequately handled at staff level through the plan check process. Fences and walls that are higher than six feet will still require a building permit and engineering. A CUP by the ZA for wall/fence deviations currently has a processing time of approximately two -three months and a fee of $2,757. Removing the d iscretionary permit process of non- controversial applications would be beneficial for property owners. E. Revised Development Standards – BECSP Section 2.5 Street Improvements 779 Revised development standards are proposed for improvements along the public frontage (or right-of-way) within the BECSP. The analysis below focuses on the key changes proposed. All changes can be found in Attachment Nos. 2 and 11. Public street improvements are code requirements that are part of the development process for larger property improvements citywide. The existing condition of a site will determine what type of public improvements may be required. These improvements may include new sidewalks, curbs, gutter, landscape planters, and street dedications. Most properties along Beach Blvd. are located within the BECSP. The BECSP has very specific design requirements and guidelines for tree species, sidewalks, landscape planters, and street furniture along the public right of way. These requirements include minimum widths for sidewalks and landscape planters. Required sidewalk widths are minimum six feet wide and required landscape planter widths range from four to nine feet along Beach Blvd. Many Beach Blvd. properties have existing public right of way that is narrower than what is required by the specific plan to accommodate the required public frontage improvements. This prompts the need for the property owner to offer t o dedicate a portion of their property to accommodate the required curb, gutter, sidewalk, and landscape planter. While most streets and sidewalks are within the control of the City, certain streets, such as Beach Boulevard, are owned by the state agency, Caltrans. While the property owner may offer to dedicate to Caltrans to comply with BECSP, it is up to that agency whether to accept the dedication. If they do not, the property owner cannot comply with City requirements and cannot finalize their buildi ng permit. Since the approval of BECSP in 2010, the following projects were approved with required street improvements:  CVS – 16961 Beach Blvd.  Hoag Medical – 19582 Beach Blvd.  Elan Apartments - 18504 Beach Blvd.  Beach and Ocean Apartments - 19891 Beach Blvd.  G&M Oil service Station – 16990 Beach Blvd.  Subaru Dealership - 18801 Beach Blvd. While several projects have been approved, in 2020 Caltrans amended their review process for public street improvements, including those that included offers for dedic ation. The current review process, QMAP (Project Delivery Quality Management Assessment Process), is about 18-24 months long and there is no guarantee Caltrans will accept offers for dedications. As such, as new developments are approved and under construction on Beach Blvd., there is a likelihood that they will not be able to comply with the City’s street improvement requirements. The Subaru dealership is one example of a business affected by this issue. The dealership was approved in 2018 and was fina lized in 2023. During the 5-year construction process, the car dealer owner went through a protracted process of getting his final certificate of occupancy. This level of uncertainty in the process puts property owners and business along Beach Blvd. in a position where they cannot obtain final permit approval and the City cannot intervene because the street is 780 owned by a different agency. The proposed revision to Section 2.5 of BECSP is a proactive step to provide alternative standards to property owners that cannot accommodate the required street improvements prescribed in BECSP. For the properties that have existing narrower public right of way, reduced sidewalk and landscape planter widths may be proposed as defined in the attached legislative draft. Current BECSP Public Frontage Standard Proposed BECSP Public Frontage Standard less than 10 feet wide (No Plant Strip Required) There are currently two approved BECSP projects that will be affected by this dedication issue including:  Jamboree Housing – 18431 Beach Blvd.  G&M Oil Convenience Store – 19442 Beach Blvd. 781 ◄BACK OF $10EWA11C I J J◄r.asOFCURB i--,.0' -t .O' I SIDl ,w,n WAUt STklP !◄BACK OF SIDEWALK . • I ' • I . . ! • bzll i-r __ ! ◄FACE OF CURB However, it should be noted that this issue will continue to come up for most future development projects on Beach Blvd. Other revisions have been proposed to eliminate waivers or pay of in -lieu fees. The payment of fees in-lieu of providing the required street improvements was codified in the BECSP, but the City opted not to establish this program to ensure that public improvements were installed at the time of development. Additionally, instead of waivers, new provisions have been added to provide alternative improvements for properties that cannot comply with minimum street improvements. The main goal of the BECSP amendment is to provide certainty for property owners and ensure that the City’s requirements can be achieved upon approval of a development project. By removing potential for conflicts with Caltrans requirements, the City can assist property owners and maintain local control of Beach Blvd. public right of way improvements and minimize the lengthy and uncertain Caltrans process. Environmental Status: ZTA No. 23-002 is categorically exempt pursuant to City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act because the request is a minor amendment to the zoning ordinance that does not change the development standards intensity or density. Additionally, the text amendment to the BECSP is within the scope of the BECSP Program Environmental Impact Report No. 08- 008 certified by the Planning Commission on December 8, 2009. In accordance with CEQA Guidelines Section 15162 and 15163, no subsequent EIR or supplement to the EIR need be prepared for this ZTA and no further environmental review or documentation is required. Coastal Status: The proposed amendment will be forwarded to the California Coastal Commission as a minor Local Coastal Program Amendment for certification. Other Departments Concerns and Requirements: The proposed amendments to the City’s existing ordinance and specific plan were prepared with input from the City Attorney’s Office, the Building Division, and Department of Public Works. Public Notification: Legal notice was published in the Huntington Beach Wave on Thursday, March 14, 2024, and notices were sent to individuals/organizations requesting notification (Planning Division’s Notification Matrix). As of March 19, 2024, one communication regarding this request has been received, regarding the potential inclusion of artificial turf to the definition of permitted landscaping. SUMMARY: 782 Staff recommends that the Planning Commission recommend approval of Zoning Text Amendment No. 23-002 with findings and forward to the City Council based on the following:  Cleans up the HBZSO and BECSP to improve clarity, address deficiencies, and maintain currency.  Codifies existing policies and code interpretations and allows select entitlement requests to be permitted by right.  Results in better customer service by providing clear requirements as well as prompt and cost-effective review process.  Consistent with General Plan goals and policies. ATTACHMENTS: 1. Suggested Findings of Approval – ZTA 23-002 2. HBZSO & BECSP Update Matrix of Changes 3. HBZSO Chapter 203 (Definitions) Legislative Draft 4. HBZSO Chapter 210 (Residential Districts) Legislative Draft 5. HBZSO Chapter 211 (C Commercial Districts) Legislative Draft 6. HBZSO Chapter 212 (I Industrial Districts) Legislative Draft 7. HBZSO Chapter 218 (M Mixed-Use Transit Center District) Legislative Draft 8. HBZSO Chapter 230 (Site Standard) Legislative Draft 9. HBZSO Chapter 231 (Off-Street Parking and Loading Provisions) Legislative Draft 10. HBZSO Chapter 241 (Conditional Use Permits and Variances – Temporary Use Permits – Waiver of Development Standards) Legislative Draft 11. BECSP Section 2.5 (Street Regulations) Legislative Draft 783 ZONING TEXT AMENDMENT 23-002 SUMMARY TYPE OF USE CURRENT PROPOSED DEFINITIONS: Chapter 203 203.06 Adjacent -- Text Addition 203.06 Animal, Exotic Defined Text Deletion: Defined in the Municipal Code 203.06 Antenna Old Definition Text Addition: Revised Definition 203.06 Antenna, Communication Defined Text Deletion: Consolidated into the “Antenna” definition 203.06 Antenna, Satellite Dish Defined Text Deletion: Consolidated into the “Antenna” definition 203.06 Antenna, Whip Defined Text Deletion: Consolidated into the “Antenna” definition 203.06 Area, Net Lot Defined Text Addition: Expanded Definition 203.06 Attached Structures Defined Text Addition: Expanded Definition 203.06 Balcony Defined Text Addition: Expanded Definition 203.06 Bay Window Defined Text Addition: Expanded Definition 203.06 Collection Containers Defined Text Addition: Expanded Definition 203.06 Completely Rebuilt Defined Text Addition: Expanded Definition 203.06 Conforming Building Defined Text change: Changed from “building” to “structure” 203.06 Convenience Market Defined Text Addition: Expanded Definition 203.06 Court Defined Text Deletion: to match the deleted “Courts” section 203.06 Deck Defined Text Addition: Expanded Definition 203.06 Floor Area, Gross Defined Text Deletion 203.06 Frontage Defined Text Deletion 203.06 Kitchenette or Kitchen Defined Text Change: Changed outdated term; Expanded Definition 203.06 Landscaping Defined Text Addition: Expanded Definition to include other incidental features 203.06 Mezzanine Defined Text Addition: Expanded Definition 203.06 Patio Defined Text Addition: Added “Cover”; Deleted incorrect text 203.06 Qualifying Senior Resident Defined Text Deletion: this term is no longer part of the code 203.06 Specific Event Defined Text Change: corrected incorrect code reference 203.06 Structure, Accessory Defined Text Addition: Expanded Definition 784 203.06 Structure, Minor Accessory Defined Text Addition: Expanded Definition 203.06 Usable Satellite Signals Defined Text Deletion 203.06 Wetbar Defined Text Addition: Expanded Definition 203.06 Window, Required Defined Text Deletion RESIDENTIAL DISTRICTS: Chapter 210 210.04 Land Use Controls ----- Text Addition: Neighborhood Notification Definition 210.06 Table - RL, RM, RMH, RH, and RMP Districts—Property Development Standards Courts Permitted Text Deletion: to match the deleted “Courts” section 210.06.D - RL, RM, RMH, RH, and RMP Districts—Property Development Standards Building Separation Standard Text Addition: Codify Policy on Patio Cover Separation 210.06.P - RL, RM, RMH, RH, and RMP Districts—Property Development Standards Courts standards Text Deletion of this development standard COMMERCIAL DISTRICTS: Chapter 211 211.04 Land Use Controls ----- Text Addition: Neighborhood Notification Definition INDUSTRIAL DISTRICTS: Chapter 212 212.04 Land Use Controls ----- Text Addition: Neighborhood Notification Definition MIXED-USE TRANSIT CENTER DISTRICT: 218 218.04 Land Use Controls ----- Text Addition: Neighborhood Notification Definition SITE STANDARDS: Chapter 230 230.08 Accessory Structures Standards for Patio Covers and Building Separation Text Addition: Codify Policy for Patio Covers and Building Separation 230.12 Home Occupation in R Districts Standards for Home Occupation in Residential zones Text Addition/Deletion: Clarify Application Process and Permitted Uses 230.68 Allowable Projections into Yards and Courts Standards for Building Projections Text Deletion: Consistency with updated definitions Text Addition: Consistent with Code Interpretation 230.88 Fencing and Yards Fence and Wall Standards 230.88.A • Text Deletion: Setback for RMHA properties • Text Modification: Max. Wall Height Raised from 6’ to 8’ without ZA approval (Input from City Council) 785 • Text Addition: Standards for walls exceeding 6’ in height • Text Deletion: Repeated text • Text Deletion: Notification Requirement • Text Deletion: Remove text for consistency with proposed amendments and/or due to outdated design methods. • Text Addition: Clarify standards for retaining walls. • Text Deletion: Outdated Processes 230.88.B • Text Addition: Clarified Minimum Height Standard • Text Deletion: Remove text to match new amendments OFF-STREET PARKING AND LOADING PROVISIONS: Chapter 231 231.02.G Space Efficient Parking ---- Text Addition: Space Efficient Parking Standards CONDITIONAL USE PERMITS AND VARIANCES – TEMPORARY USE PERMITS – WAIVER OF DEVELOPMENT STANDARDS: Chapter 241 241.22 Waiver of Development Standards ---- Text Addition: Clarifies the required permit for these requests 241.24 Neighborhood Notification 10 “Working” Days 10 “Calendar” Days; consistent with other notification requirements within the code BECSP – SECTION 2.5 STREET REGULATIONS: Section 2.5.1.2.a.iii - General Waiver for street improvements along public frontage Text Deletion: Waiver for street improvements Text Addition: Provides alternative for irregular frontages Section 2.5.1.2.b.ii – Thoroughfare Improvements Establishes timing for street improvements Text Addition: Clarifies timing Section 2.5.1.2.c.ii – Public Frontage Improvements In-lieu fees for street improvements Text Deletion: Remove in- lieu fee process Section 2.5.1.4.ii.3 – Palm Tree Boulevard Specifications: Center Median Specific tree species Text Deletion: tree species 786 Text Addition: Caltrans approval for tree species Section 2.5.1.4.ii.a.1 – Palm Tree Boulevard Specifications: Typical Configuration Development standards for improvements along the public frontage Text Addition: Exceptions for irregular sidewalk widths along the public frontage Section 2.5.1.5.a.i.1 – Parkway Specification: Typical Configuration Development standards for improvements along the public frontage Text Addition: Exceptions for irregular sidewalk widths along the public frontage P: Permitted N/P: Not Permitted CUP: Conditional Use Permit ZA: CUP to Zoning Administrator PC: CUP to Planning Commission Director: Submitted for staff review AP/NN: Administrative Permit with Neighborhood Notification 787 ZONING TEXT AMENDMENT NO. 23-002 & MUNICIPAL CODE AMENDMENT ZONING UPDATE - CITYWIDE May 7, 2024 788 REQUEST • Zoning Text Amendment (ZTA) No. 23-002: • Amend eight chapters of the HBZSO • Amend Section 2.5 of the BECSP – Street Regulations • Address common clarifications and issues that arise through the day-to-day operations • Address emerging technologies • Continuous effort to improve customer service • Ensure requirements are clear to all readers and responsive to the needs of residents and business owners 789 CHAPTER 230 SITE STANDARDS •Section 230.08.E & 230.08.G Accessory Structures - Patio Covers and Separation • Codified regulations specifically related to patio covers • Consistent with other sections of the HBZSO •Section 230.12 Home Occupation Permits • Clarifies the permit process for residents • Expands on uses that may qualify for a permit • Prohibits renting of home for commercial purposes •Section 230.68 Building Projections into Yards • Codifies code interpretation for eaves • Consistent with other sections of the HBZSO • Removes inconsistent language for side yard setbacks 790 CHAPTER 230 SITE STANDARDS •Section 230.88 Fencing and Yards • Removes setback provision for walls/fences in the RMH-A zone (25 ft. wide lots) •Increased height of fences and walls up to a maximum of eight feet without a CUP • Requires building permit and engineering • Clarifies what is considered open lattice wall extension • Removes property owner notification for lattice extensions 791 CHAPTER 231 OFF STREET PARKING AND LOADING PROVISIONS •Section 231.02.G Basic Requirements for Off-Street Parking and Loading • New section to include provisions for Space Efficient Parking • Mechanical Stackers/Lifts • Residential Uses • Only for single-family residences • Surplus parking only • Commercial/Industrial • Up to 20% of required parking – CUP to ZA • 21%-40% of required parking – CUP to PC • Requires attendant 792 CHAPTER 231 OFF STREET PARKING AND LOADING PROVISIONS •Section 231.02.G Basic Requirements for Off-Street Parking and Loading cont. • Mechanical Parking Design • Fully screened and enclosed • No more than one vehicle may be stacked over another vehicle • Subject to review by the Design Review Board • Operations • May not queue into the public right- of-way • Covenant for operation and attendant •Back up generator with manual 793 794 -2.1.3 TownCenter -Core - 2.1.4TownCenter - Neighborhood - 2.1.S Neighborhood Center J-LJ 2.1.6 TownCenter Boulevard Segment D 2.1.7 Neighborhood Boulevard Segmen t l D 2.1.9 Residential Parkway Segment D 2.1.1 o Res idential Transition Zon e • * Corner Entry Required (see sect ion 2.4.3) Specific Plan Area Boundary Specific Public Open Space (see section 2.6.2) =&l'"'r:· ---• - --r-··-·-j~C-Ll'---ll r -F ~ r II I l <!,'J -.:'ii 0 1,000 BECSP - SECTION 2.5: STREET IMPROVEMENTS • Street Improvements required in major approved developments • New sidewalk, curbs, landscaping, dedications • Beach Blvd. owned by Caltrans • Many existing sidewalk widths do not comply with BECSP • Need for the property owner to offer to dedicate a portion of their property to Caltrans • Added language to expand requirements to allow for alternative design for narrower rights-of-way 795 4’-9’4’-9’ • Currently: BECSP requires 6 ft. wide sidewalks and a range of 4 ft. -9 ft. wide plant strip • Existing ROW ranges between 7 ft. – 15 ft. wide PRIVATE FRONTAGE PRIVATE FRONTAGE PUBLIC FRONTAGE PUBLIC FRONTAGE THOROUGHFARE 796 i i ,_ 6.0', ,_ ~ -lANDSCAND SIDI PIANT TIAWLIAHI/ TIAWL TIAWL 1M TUINWff/ TIAVB. 1M TIAVB. lANDSCAND RTMClt WN.Y.. SIIIP PMAUB. IANE IANE IANE MIDWt lANE IANE IANi Sl'IIAa PAmNG LESS THAN 10’LESS THAN 10’ • Proposed: No landscape requirement for ROW less than 10 ft. wide THOROUGHFAREPRIVATE FRONTAGE PRIVATE FRONTAGE PUBLIC FRONTAGE PUBLIC FRONTAGE 797 lANDSCAPB> SITMClt ..L TIAYll LANE TIAVIL LANE ..L TIAYll LANE 1\MNWfl/ MEDWI TIAYll LANE i TIAWI. LANE i TIAYll LANE lANDSCAPID snMClt BECSP - SECTION 2.5: STREET IMPROVEMENTS • Eliminated street improvement waiver language • Added process for alternative improvements • Added language to clarify timing of certain street improvements • Eliminated in-lieu fee language • Improvements occur during development • Expanded allowable tree species in right-of-way 798 MUNICIPAL CODE AMENDMENT • July 2021: City approved Middle Income Housing Program • Created 649 middle-income housing units at Elan and Breakwater. • Acquired through Joint Powers Authority with tax exempt bonds • Requires City to forgo property tax revenue for up to 30 years • September 2023: City Council considered a potential charter amendment to require a vote of the people if the City were to approve another middle-income housing program that requires the City to forgo property tax revenue • Final direction was to bring forward as an ordinance for Council consideration rather than a Charter amendment • Proposed ordinance requires • Affirmative vote of a majority of the City Council • Affirmative vote of the electors voting on a proposition in a general or special election 799 RECOMMENDATION • The Planning Commission and Staff recommend approval of Zoning Text Amendment No. 23-002 based on the following: • Consistent with General Plan goals and policies. • Cleans up the HBZSO and BECSP to improve clarity, address deficiencies, and maintain currency; • Codifies existing policies and code interpretations and allows select entitlement requests to be permitted by right; and • Results in better customer service by providing clear requirements as well as prompt and cost-effective review process. • The City Council is also requested to consider approval of Ordinance No. 4322 to add Chapter 3.60 to the HBMC related to Joint Exercise of Power of Agreements for Middle Income Housing developments. 800 Questions? 801 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:24-316 MEETING DATE:5/7/2024 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Eric G. Parra, Interim City Manager VIA:Jennifer Villasenor, Director of Community Development PREPARED BY:Jimmy Hoang, Code Enforcement Manager Subject: Conduct Administrative Public Hearing for the 2024 Annual Weed Abatement Program and authorize the Director of Public Works to proceed with abatement Statement of Issue: On April 2, 2024, the City Council adopted Resolution No. 2024-10 declaring weeds and rubbish on certain vacant, undeveloped property to be a nuisance. Pursuant to the resolution, a public hearing must be held before staff can abate these nuisance conditions on private properties at the owner’s expense. Financial Impact: Funds in the amount of $12,000 are budgeted in Weed Abatement, Account No. 10060301.69505, for the abatement of public and private properties. Costs for City-performed abatement of private properties are reimbursed to General Fund Account No. 10000100.47415 via a one-time special assessment added to the Orange County property tax roll of each parcel cleared. Recommended Action: A) Open a public hearing for any objections to the proposed removal of weeds and rubbish; and, B) Authorize the Director of Public Works to proceed with the abatement of the nuisance. Alternative Action(s): Postpone the hearing, and direct staff to modify the annual weed abatement schedule. Analysis: On April 2, 2024, the City Council adopted Resolution No. 2024-10 declaring that certain weeds, refuse, and rubbish on public ways and private properties are a public nuisance and should be abated as provided in California Government Code section 39501. The City cannot commence removal of weeds, refuse, and rubbish from private property at the owner’s expense until a public City of Huntington Beach Printed on 5/1/2024Page 1 of 2 powered by Legistar™802 File #:24-316 MEETING DATE:5/7/2024 removal of weeds, refuse, and rubbish from private property at the owner’s expense until a public hearing has been held to consider any objections to this process. Resolution No. 2024-10 adopted a public hearing date for this purpose on May 7, 2024. The Resolution requires that the private parcels be posted with a notice and that the posting be completed at least 10 days prior to this hearing. Posting was completed by April 25, 2024; the Affidavit of Posting is attached. Additionally, staff mailed a letter via regular U.S. mail service to the owner of record of each parcel to inform them of this public hearing and of the requirement to clear their property. If a private property owner is unable or unwilling to clear their property by their own means, staff will complete the task. If the City clears the property, the private property owner is billed for the City’s cost as a one-time special assessment on their property tax bill. The County of Orange then remits the funds back to the City as part of their regular property tax collection process. Environmental Status: The removal of weeds, refuse, and rubbish from undeveloped private properties is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301(h), which exempts the maintenance of existing landscaping and native growth. Strategic Plan Goal: Non Applicable - Administrative Item For details, visit www.huntingtonbeachca.gov/strategicplan <http://www.huntingtonbeachca.gov/strategicplan>. Attachment(s): 1. Resolution No. 2024-10 2. Affidavit of Posting Notice to Destroy Weeds 3. Notice to Destroy Weeds and Remove Rubbish and Refuse 4. PowerPoint Presentation City of Huntington Beach Printed on 5/1/2024Page 2 of 2 powered by Legistar™803 804 RESOLUTION NO. 2024-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH FINDING AND DECLARING THAT CERTAIN WEEDS GROWING IN THE CITY AND RUBBISH AND REFUSE DEPOSITED ON PUBLIC WAYS AND PRIVATE PROPERTY ARE A PUBLIC NUISANCE; AND FIXING THE TIME FOR HEARING PROTESTS AND OBJECTIONS TO THE ABATEMENT THEREOF WHEREAS, it has come to the attention of the City Council of the City of Huntington Beach that certain weeds more particularly described below are growing upon certain streets, sidewalks, parkways and private property in the City of Huntington Beach, and that rubbish and refuse are found upon parkways, sidewalks and private property in the City, and that the same are a public nuisance; and The City Council of the City of Huntington Beach determines that said weeds and rubbish and refuse should be removed and abated as a public nuisance in accordance with the provisions of Division 3, Chapter 13, A1iicle 2 of the California Government Code, commencing with Section 39560. NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: 1. Pursuant to the provisions of Division 3, Chapter 13, A1iicle 2 of the California Government Code commencing with Section 39560 and Huntington Beach Municipal Code, Chapter 8 .16, the City Council of the City of Huntington Beach hereby determines and declares that weeds that bear seeds of a downy or winged nature, and weeds that attain such a large growth as to become, when dry, a fire menace, and dry grass, stubble, brush, litter or other flammable material which endangers the public safety by creating a fire hazard, and weeds that are otherwise noxious or dangerous, are growing upon certain streets, sidewalks, parkways and private property in the City, and that rµbbish and refuse are found upon parkways, sidewalks and private property in the City, and the same are hereby declared to be a public nuisance. The names of such streets as they are commonly known, and the prope1iy fronting such streets, sidewalks or parkways, or where such nuisance exists are hereinafter paiiicularly described according to the official assessment maps of the County of Orange, as set forth in Exhibit A, attached hereto and incorporated by this reference. 2. The Director of Public Works of the City of Huntington Beach for the purpose of this Resolution, and pursuant to Section 39560, et seq., of the California Government Code, is hereby designated as the person to perform the duties imposed by law, and is hereby instructed and directed to prepare and post notices, to destroy weeds, or to remove said rubbish and refuse as required by law. Such notices shall be in accordance with the requirements contained in Government Code Sections 39564 through 39567, and shall be conspicuously posted on or in front of the prope1iy where the nuisance exists or, if the property has no frontage, upon any street, highway or road most likely to give actual notice to the owner. The notices shall be 24-14221/332407 1 805 RESOLUTION NO. 2024-10 posted as follows: One notice to each piece or parcel of property in separate ownership of not over fifty (50) feet frontage; not more than two (2) notices to any such parcel of property in separate ownership with a frontage of one hundred (100) feet or less; and if the frontage of any place or parcel of prope1iy in separate ownership is greater than one hundred (100) feet, such notices shall be posted at not more than one hundred (100) feet apart. Such notice shall be posted at least ten ( 10) days prior to the time of hearing of objections. 3. The City Council does hereby set May 7, 2024 at 6:00 p.m., as the time, or as soon thereafter as the matter may be heard, in the Council Chambers in the Civic Center, Huntington Beach, California as the place for hearing objections and protests to the proposed removal of such weeds, rubbish and refuse. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 2nd day of ~ , 2024 . •. -~ ·-·-Mayor INITIATED AND APPROVED: City Manager ~" Direc or of Community Development 24-14221 /332407 2 806 2024 Vacant Parcels Private Ownership 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 APN 023-093-28 023-114-14 023-124-04 023-124-28 023-124-29 023-124-30 023-124-31 023-127-27 023-134-12 023-136-16 023-137-02 023-141-17 023-147-24 023-147-25 023-156-14 023-167-04 023-167-16 024-011-25 024-038-23 024-038-24 024-107-09 024-113-19 024-116-11 024-117-12 024-123-07 024-123-08 024-123-09 024-124-18 024-134-15 024-141-27 024-142-22 024-144-10 024-151-29 024-162-04 024-181-24 025-200-73 107-691-20 110-017-26 110-017-27 110-021-23 110-151-10 110-151-11 110-152-07 110-152-09 110-152-23 110-153-05 110-162-19 110-163-17 110-164-06 110-164-08 LOCATION CORNER 14TH & MAIN S/E CORNER 20TH & ACACIA S/SIDE 20TH BTW PECAN & ORANGE S/SIDE 20TH@ PECAN S/SIDE 20TH @ PECAN I S/SIDE 20TH @ PECAN S/SIDE 20TH @ PECAN S/SIDE 21ST BTW OLIVE & ORANGE N/SIDE 19TH BTW OLIVE & WALNUT E/SIDE PCH S OF 22ND STREET S/SIDE 21 ST BTW PCH & WALNUT S/E CORNER 19TH & ACACIA N/W CORNER ACACIA & 16TH N/W CORNER ACACIA & 16TH N/SIDE 17TH BTW OLIVE & ORANGE CORNER OF 17TH AND PCH CORNER OF 16TH AND PCH 14th @ ACACIA E/SIDE OF PCH N OF 11 TH STREET E/SIDE OF PCH N OF 11 TH STREET N/W CORNER 8TH & PECAN N/SIDE OF 8TH STREET N OF OLIVE N/SIDE OF 9TH STREETS OF OLIVE AVE N/SIDE OF 8TH ST S OF OLIVE AVENUE N/SIDE OF 8TH ST; BTW PCH & WALNUT CORNER PCH & 9TH E/SIDE PCH S OF 19TH STREET PCH BTW 7TH & 8TH TRIANGLE E/S LAKE BTW ALLEY & ORANGE S/SIDE 7TH STREETS OF ORANGE N/SIDE 5TH BTW OLIVE & ORANGE 3RD ST, BTW OLIVE AND ORANGE PCH SO. CORNER OF 7TH 1 ST ST S OF OLIVE W/SIDE HUNTINGTON S OF INDIANAPOLIS S/SIDE UTICA W OF BEACH SE CORNER BEACH & TERRY S/SIDE TALBERT W OF EDWARDS S/SIDE TALBERT W OF EDWARDS WARNER @ SANDRALEE ENCYCLOPEDIA -N/OF ELLIS ENCYCLOPEDIA -N/OF ELLIS ENCYCLOPEDIA -N/OF ELLIS ENCYCLOPEDIA -N/OF ELLIS ENCYCLOPEDIA -N/OF ELLIS ENCYCLOPEDIA -N/OF ELLIS ENCYCLOPEDIA -N/OF ELLIS ENCYCLOPEDIA -N/OF ELLIS ENCYCLOPEDIA -N/OF ELLIS ENCYCLOPEDIA -N/OF ELLIS Page 1 of 3 Reso. No. 2024-10 Exhibit A SIZE SQ. FT. 59 X 105 6,664 117.5 X 50 5,875 50 X 117.5 5,875 25X117.5 2,938 25X117.5 2,938 25X117.5 2,938 25X117.5 2,938 25X117.5 2,938 25X 95 2,375 Unknown 3,900 117.5X37.5 4,406 117.5 X 50 5,875 117.5X25 2,938 117.5X25 2,938 117.5X25 2,938 163 X 50 8,150 163 X 25 4,075 25X117.5 2,938 Unknown 2,875 Unknown 12,200 50X117.5 5,875 ODD 6,380 ODD 2,875 ODD 5,800 62.5 X 117.5 7,343 150.7 X 74.5 11,788 ODD 8,000 25 X 110 2750 ODD 5,640 Unknown 2,900 25X 107.5 2,688 117.5x75 8,812 100 X 108 10,800 25X117.5 2,937 Unknown 3,400 Unknown 9,000 150X150 22,500 ODD 82,753 ODD 2,350 ODD 6,500 112 X 25 2,800 112 X 25 2,800 112 X 25 2,800 112 X 25 2,800 112 X 25 2,800 112 X 25 2,800 112 X 25 2,800 112 X 25 2,800 112 X 25 2,800 112 X 25 2,800 807 2024 Vacant Parcels Private Ownership 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 APN 110-164-11 110-164-12 110-164-15 110-164-18 110-165-05 110-182-03 110-182-11 110-184-04 110-184-10 110-186-04 110-186-07 110-186-09 110-186-14 110-186-16 110-211-01 110-211-04 110-211-05 111-022-07 111-074-02 111-120-11 111-120-12 111-130-07 111-130-08 111-130-09 111-130-10 111-130-14 111-130-39 142-172-01 145-092-27 146-211-24 146-311-17 153-051-11 153-201-27 153-421-01 157-411-02 159-102-14 159-151-16 159-282-14 159-393-24 159-393-59 159-393-60 159-393-67 159-393-68 159-393-69 159-471-15 159-541-51 163-302-34 163-361-09 163-361-10 165-261-44 LOCATION ENCYCLOPEDIA -N/OF ELLIS ENCYCLOPEDIA -N/OF ELLIS ENCYCLOPEDIA -N/OF ELLIS ENCYCLOPEDIA -N/OF ELLIS ENCYCLOPEDIA -N/OF ELLIS ENCYCLOPEDIA -N/OF ELLIS ENCYCLOPEDIA -N/OF ELLIS ENCYCLOPEDIA -N/OF ELLIS ENCYCLOPEDIA -N/OF ELLIS ENCYCLOPEDIA -N/OF ELLIS ENCYCLOPEDIA -N/OF ELLIS ENCYCLOPEDIA -N/OF ELLIS ENCYCLOPEDIA -N/OF ELLIS ENCYCLOPEDIA -N/OF ELLIS W/SIDE GOLDENWEST S/OF ELLIS W/SIDE GOLDENWEST S/OF ELLIS W/SIDE GOLDENWEST S/OF ELLIS S/SIDE OF WARNER, E/OF GOTHARD NE CORNER GARFIELD & GOTHARD N/E CORNER GARFIELD & GOLDENWEST N/E CORNER GARFIELD & GOLDENWEST S/SIDE GARFIELD E OF GOLDENWEST S/SIDE GARFIELD E OF GOLDENWEST S/E CORNER GARFIELD & GOLDENWEST S/E CORNER GARFIELD & GOLDENWEST S/SIDE GARFIELD E OF GOLDENWEST S/E CORNER GARFIELD & GOLDENWEST S/SIDE HEIL @ BEACH ROYALIST W OF PLYMOUTH E/SIDE GRAHAM PLACE S OF HEIL NW CORNER WARNER AND LARK E/S BEACH N/OF YORKTOWN S/SIDE GARFIELD W/O BROOKHURST S/SIDE GARFIELD W OF MAGNOLIA N/SIDE OF GARFIELD W OF NEWLAND E/SIDE OF FLORIDA S OF MAIN GARFIELD E/OF DELAWARE N/SIDE CLAY BTW HOLLY AND HUNTINGTON ENCYCLOPEDIA -S/SIDE ELLIS ENCYCLOPEDIA -S/SIDE ELLIS ENCYCLOPEDIA -S/SIDE ELLIS ENCYCLOPEDIA -S/SIDE ELLIS ENCYCLOPEDIA -S/SIDE ELLIS ENCYCLOPEDIA -S/SIDE ELLIS W/SIDE HUNTINGTON N OF MAIN E/SIDE GOTHARD N OF GARFIELD LYNN@ LOS PATOS E/SIDE BOLSA CHICAS OF LOS PATOS E/SIDE BOLSA CHICAS OF LOS PATOS E/SIDE SAMPSON S OF SLATER Page 2 of 3 Reso. No. 2024-10 Exhibit A SIZE SQ. FT. 112 X 25 2,800 112 X 25 2,800 112 X 50 5,600 112 X 25 2,800 112 X 25 2,800 112 X 25 2,800 112 X 25 2,800 112 X 25 2,800 112 X 25 2,800 112 X 50 5,600 112 X 25 2,800 112 X 25 2,800 112 X 25 2,800 112 X 25 2,800 25X 87 2,175 25X 87 2,175 175 X 87 15,225 97.5 X 80 7,800 ODD 362,870 20 X 100 2,000 115 X 50 5,750 ODD 5,850 ODD 5,850 100 X 117 11,700 50 X 117 5,850 Unknown 23,750 51X117 5,851 ODD 7,600 36 X 100 3,700 Unknown 13,000 120 X 177 21,240 100 X 442 44,200 75 X 400 30,000 Unknown 5,800 ODD 106,100 Unknown 16,200 77 X 150 11,550 ---------49,800 112 X 25 2,800 112 X 25 2,800 112 X 25 2,800 50 X 112 5,600 50 X 112 5,600 ODD 96,416 Unknown 11,000 Unknown 53,300 109X95.5 10,409 ODD 11,500 ODD 212,719 Unknown 10,200 808 2024 Vacant Parcels Private Ownership 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 1 "17 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 APN 165-281-04 165-311-16 167-311-02 167-321-10 167-325-19 167-325-20 167-325-21 167-341-01 178-071-21 178-161-35 178-201-28 178-201-29 178-201-30 178-201-31 178-201-32 178-201-33 178-201-37 178-201-41 178-201-47 178-201-48 178-201-50 178-201-51 178-201-73 178-201-74 178-201-75 178-411-17 178-411-19 178-432-03 178-523-09 178-532-45 178-532-77 178-532-78 178-543-19 178-55'1-13 178-651-36 195-053-18 LOCATION S/SIDE CYPRESS W OF ASH W/SIDE OF BEACH S OF SPEER E/SIDE BEACH BTW HOLLAND & BLAYLOCK W/SIDE "B" St. N/OF BLAYLOCK E/SIDE BEACH BTW HOLLAND & BLAYLOCK E/SIDE BEACH BTW HOLLAND & BLAYLOCK E/SIDE BEACH BTW HOLLAND & BLAYLOCK S/SIDE OF WARNER W OF NEWLAND S/SIDE EDINGER W/OF BOLSA CHICA N/S HEIL E/OF LE GRANDE GREEN BTW PIERCE & NEELY GREEN BTW PIERCE & NEELY GREEN BTW PIERCE & NEELY GREEN BTW PIERCE & NEELY GREEN BTW PIERCE & NEELY GRE:EN BTW PIERCE & NEELY W/SIDE GREEN N OF PEARCH W/SIDE GREEN N OF PEARCH W/SIDE GREEN N OF PEARCH W/SIDE GREEN N OF PEARCH W/SIDE GREEN N OF PEARCH W/SIDE GREEN N OF PEARCH W/SIDE GREEN N OF PEARCH W/SIDE GREEN N OF PEARCH W/SIDE GREEN N OF PEARCH END OF MALDEN CIRCLE END OF MALDEN CIRCLE CHANNEL S/OF ADMIRAL TY PCH/18TH ST -SUNSET BEACH END OF PARK AVE@ PCH -SUNSET BEACH END OF PARK AVE@ PCH -SUNSET BEACH S/SIDE PCH W OF WARNER -SUNSET BEACH PCH/6TH ST -SUNSET BEACH S/SIDE PCH W OF WARNER -SUNSET BEACH S/SIDE PCH W OF WARNER -SUNSET BEACH N/SIDE BOLSA E OF SPRINGDALE Page 3 of 3 Reso. No. 2024-10 Exhibit A SIZE SQ. FT. Unknown 7,700 ODD 22,500 264 X 174 45,936 45 X 116 5,220 95 X 100 9,500 100 X 103 10,300 30 X 198 5,940 Unknown 2,000 145 X 147 21,344 131 X 120 15,720 25X49 1,225 25X49 1,225 50X49 2,450 25X49 1,225 25X49 1,225 51 X 49 2,499 ODD 1,225 ODD 1,280 ODD 1,225 ODD 1,225 ODD 1,225 ODD 1,225 ODD 1,280 ODD 2,450 ODD 2,450 ODD 9,000 ODD 9,000 125 X 61 7,625 80X 71 5,647 ODD 3,471 ODD 4,738 Unknown Unknown 30 X 90 2,700 30 x74 2,250 Unknown Unknown Unknown 22,300 809 Res. No. 2024-10 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ROBIN ESTANISLAU, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a Regular meeting thereof held on April 2, 2024 by the following vote: A YES: Moser, Bolton, Burns, Van Der Mark, Strickland, McKean, Kalmick NOES: None ABSENT: None RECUSE: None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California 810 AFFIDAVIT OF POSTING NOTICE TO DESTROY WEEDS State of California County of Orange ) ) Chau Vu, being duly sworn, deposes, and says: That she is now and was during all the time mentioned the duly appointed and qualified Street Superintendent of the City of Huntington Beach, in said County and State. That on the 2nd day of April 2024 the City Council of said City passed its Resolution of Intention No. 2024-10 declaring that noxious and dangerous weeds were growing upon or in front of property as described in said Resolution No. 2024-10. That after adoption of said Resolution she caused to be posted conspicuously, along all the streets and property within the district described in said Resolution, notices of passage of said Resolution and headed, "Notice to Destroy Weeds and Remove Rubbish and Refuse," one of which notices, similar to the notices posted as aforesaid, is annexed hereto and made a part hereof. That all notices were posted: (a) One notice to each separately owned parcel of property of not over fifty (50) feet frontage. (b) Not more than two notices to any such parcel of one hundred (100) feet of frontage or less. ( c) Notices of not more than one hundred (100) feet apart if the frontage of such a parcel is greater than one hundred (100) feet. That she completed all the posting of said notices on the 25th day of April 2024, and thereafter she made this affidavit and filed it with the City Clerk of the City of Huntington Beach, California. Subscribed and sworn to before me on this cm~=L (Superintendent of Streets) Director of Public Works -~---------------' provided tom _______ ,2024, by n the basis of satisfactory evidence to be the person(s) who appeared before me. 811 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE§ 1189 :@@@@OE EE §;§l§iflggggg:g~§91l EE 56 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Place Notary Seal and/or Stamp Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signat"ce ~ ~ Sigrwtu~c OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached D J\t,if e t ~ , , .\ Title or Type of Document:~+ \ ~v\+ d eas:1,"fj No\\ceo Oes\f~ weeds Document Date: _____________________ Number of Pages: ____ _ Signer(s) Other Than Named Above: ________________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ____________ _ □ Corporate Officer -Title(s): ______ _ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator □ Other: □ Other: Signer is Representing: _________ _ Signer is Representing: _________ _ @fl BE gg:gg g:g g~ E § § !l § !l §:§ C ~ g !l !l !l § ~ ©2019 National Notary Association 812 ITICETI IEIDIY EEII IIE I 1111111 I IEFIIE , NOTICE IS HEREBY GIVEN THAT ON THE 2ND DAY OF APRIL 2024, THE CITY COUNCIL, CITY OF HUNTINGTON BEACH, PASSED RESOLUTION NO. 2024-10. DECLARING THAT NOXIOUS OR DANGEROUS WEEDS WERE GROWING UPON OR IN FRONT OF THE PROPERTY ON THIS STREET, AND THAT RUBBISH AND REFUSE WERE UPON OR IN FRONT OF PROPERTY ON THIS STREET IN THE CITY OF HUNTINGTON BEACH AND MORE PARTICULARLY DESCRIBED IN THE RESOLUTION, AND THAT THEY CONSTITUTE A PUBLIC NUISANCE WHICH MUST BE ABATED BY THE REMOVAL OF WEEDS, RUBBISH AND REFUSE. OTHERWISE, THEY WILL BE REMOVED AND THE NUISANCE ABATED BY THE CITY AND COST OF REMOVAL ASSESSED UPON THE LAND FROM OR IN FRONT OF WHICH THE WEEDS, RUBBISH AND REFUSE ARE REMOVED AND WILL CONSTITUTE A LIEN UPON SUCH LAND UNTIL PAID. REFERENCE IS HEREBY MADE TO THE RESOLUTION FOR FURTHER PARTICULARS. A COPY OF SAID RESOLUTION IS ON FILE IN THE OFFICE OF THE CITY CLERK. ALL PROPERTY OWNERS HAVING ANY OBJECTIONS TO THE PROPOSED REMOVAL OF THE WEEDS, RUBBISH, REFUSE, AND DIRT ARE HEREBY NOTIFIED TO ATTEND A MEETING OF THE CITY COUNCIL, CITY OF HUNTINGTON BEACH, TO BE HELD ON THE 7TH DAY OF MAY AT THE HOUR OF 6:00 P.M. OR AS SOON THEREAFTER AS POSSIBLE, WHEN THEIR OBJECTIONS WILL BE HEARD AND GIVEN DUE CONSIDERATION. DATED THIS ____ DAY OF APRIL 2024 CHAU VU DIRECTOR OF PUBLIC WORKS (SUPERINTENDENT OF STREETS) CITY OF HUNTINGTON BEACH IF YOU HAVE QUESTIONS REGARDING THIS NOTICE PLEASE CONTACT (714) 375-5155 Annual Weed Abatement Public Hearing Community Development May 7, 2024 813 BACKGROUND •April 2, 2024 City Council adopted Resolution No. 2024-10 •Weeds, rubbish, and refuse upon certain private properties in the City were declared a nuisance •Affected properties were identified through document research and field inspections 814 PROGRAM TIMELINE •April 3 – 24, 2024: Affected private properties were posted with the Notice to Destroy Weeds and Remove Rubbish and Refuse •Letters were mailed to off-site private property owners advising on Public Hearing and annual weed abatement efforts 815 PROGRAM TIMELINE •May 7, 2024: Public Hearing for objections at City Council meeting •May 20, 2024: Deadline for private property owners to clear properties by own means •May 24 – June 7, 2024: Abatement of all properties not cleared by owner 816 PROGRAM TIMELINE •July 16, 2024: Cost per parcel to be posted on Council Bulletin Board •August 10, 2024: City Council will be requested to certify clearing costs for inclusion on County 2024-2025 Tax Roll as a one-time special assessment per parcel •Only parcels cleared by the City are charged a fee 817 RECOMMENDATION •Recommend the City Council: •Open the Public Hearing and; •Authorize the Director of Public Works to proceed with abatement 818 Questions? 819 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:24-313 MEETING DATE:5/7/2024 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Eric G. Parra, Interim City Manager VIA:Jennifer Villasenor, Director of Community Development PREPARED BY:Kriss Casanova, Economic Development Manager Subject: Receive Public Comment Pursuant to CA Government Code - GOV § 54954.6 Regarding the Modification of the Management District Plan for the Huntington Beach Tourism Business Improvement District Statement of Issue: On April 16, 2024, the City Council adopted Resolution No. 2024-13 declaring its intention to modify the Huntington Beach Tourism Business Improvement District (HBTBID) Management District Plan (MDP) to increase the HBTBID assessment rate from four percent (4%) to six percent (6%) of gross short-term lodging revenue. Additionally, Resolution No. 2024-13 scheduled a public meeting on May 7, 2024, to receive comments on the proposed modification, and a public hearing on June 4, 2024, to consider approval of the modification. Financial Impact: The proposed increase in the HBTBID assessment rate from 4% to 6% is estimated to generate an additional $3 million in revenue annually recorded in account 70900709.40500 that will be passed through to Visit Huntington Beach on behalf of the HBTBID, for a total of approximately $10M in annual pass-through revenue. Recommended Action: Receive and file public comment related to the proposed modification of the Management District Plan for the Huntington Beach Tourism Business Improvement District per adopted Resolution No. 2024-13. Alternative Action(s): Do not continue proceedings to modify the HBTBID. City of Huntington Beach Printed on 5/1/2024Page 1 of 6 powered by Legistar™820 File #:24-313 MEETING DATE:5/7/2024 Analysis: Background Promoting Huntington Beach as a desirable tourism destination and increasing awareness of available lodging options is a component of the City’s continued economic vitality. In 2014, the original Hotel/Motel Business Improvement District was disbanded, and the HBTBID was formed pursuant to the California Property and Business Improvement District Law of 1994, which authorized special benefit assessment districts to raise funds within a specific geographic area. This approach has been used in other tourist destination communities throughout California to increase demand for room night sales at assessed lodging businesses. The HBTBID is a benefit assessment district to help fund sales, marketing, public relations, group sales, and tourism enhancement programs for Huntington Beach lodging businesses paying the assessment. Funding is derived from assessments (paid by guests at checkout) from all lodging businesses, existing and in the future, available for public occupancy located within the City boundaries, which include Sunset Beach. Those funds are used to provide services that are desired by and benefit the lodging businesses within the HBTBID. The district is comprised of 21 hotels/motels and approximately 200 short-term rentals (STRs). Visit Huntington Beach (VHB), a non-profit 501(c)6 organization, was formed in 1989 as the official destination marketing organization for Huntington Beach and serves as the HBTBID Owners’ Association. VHB consists of approximately 17 staff members and 22 board members working to promote tourism to Huntington Beach and increase overnight stays in the City’s hotels/motels and short-term rentals. Refer to Attachment 1 for more information on VHB and Frequently Asked Questions (FAQs). VHB is tasked with managing funds and implementing programs in accordance with the district’s Management District Plan (MDP). The MDP includes the district’s boundaries, a service plan and budget, and a proposed means of governance. The City collects the assessment funds from the lodging businesses, monthly for hotels/motels and quarterly for Short-Term Rentals, and then distributes the funds to VHB. VHB is responsible for implementing the activities and services identified in the MDP and for submitting an annual report of activities to the City Council for approval. The HBTBID term runs through June 30, 2028, and the current assessment rate is four percent (4%) of gross room rental revenue for short-term stays. This assessment is charged to consumers separately from and in addition to the City’s ten percent (10%) Transient Occupancy Tax (TOT), making the total guest checkout rate 14% of the daily overnight fee. In 2019, the HBTBID was renewed, and the City Council simultaneously approved an assessment rate increase from three percent (3%) to four percent (4%) to mitigate the loss of TOT funding that the City had previously been providing to the HBTBID. At the same time, the prior Memorandum of Understanding (MOU) between the City and VHB was replaced with a Management Agreement that sets forth the duties and responsibilities of the City and VHB in administering and managing the funds. This prior MOU required the City to convey ten percent (10%) of the City’s TOT revenue to VHB. However, this TOT revenue sharing was eliminated in the 2019 Management Agreement, which required that 100% of TOT revenues would be retained by the City and that funding to VHB would remain unchanged with the one percent (1%) City of Huntington Beach Printed on 5/1/2024Page 2 of 6 powered by Legistar™821 File #:24-313 MEETING DATE:5/7/2024 assessment rate increase. VHB is currently seeking to modify the MDP to increase the assessment rate from four percent (4%) of gross short-term lodging revenue to six percent (6%). In June 2023, VHB’s Board of Directors approved the assessment increase to ensure that tourism promotion funding is adequate to market Surf City USA and remain competitive with other popular destinations that have dedicated more resources and are adding lodging properties/attractions annually. The California Property and Business Improvement District Law of 1994 requires the HBTBID’s Owners’ Association (VHB) to provide written request to the City to initiate modification of the MDP. In response to written request by VHB dated August 29, 2023, the City Council adopted Resolution No. 2024-13 (Attachment No. 2) declaring the City’s intention to modify the MDP of the HBTBID. MDP Modification VHB is seeking to increase its budget to ensure that Huntington Beach’s visible presence remains competitive with other tourism destinations, leading tourists to choose Huntington Beach. If approved, the increase is anticipated to generate an additional ~$3 million per year (for a total of ~$10 million per year) and would become effective July 1, 2024, or as soon as possible thereafter, and continue for the remaining duration of the HBTBID’s term (through June 2028). No changes to the boundaries are proposed; however, some additional minor modifications have also been incorporated into the modified MDP (Attachment 3). The existing and proposed budget are shown below. The modified budget includes 65% of funds allocated towards Sales & Marketing and 10% dedicated for Tourism Enhancement Programs. Proportional budget allocations are to remain the same for the remainder of the HBTBID term. At the end of the term, the HBTBID may be renewed by the City Council for up to ten (10) additional years if lodging business owners support continuing the programs. An updated MDP would be drafted and VHB would make a similar written request to the City to initiate proceedings, including a public hearing. Budget Category Existing Proposed Sales & Marketing 72%65% Tourism Enhancement Programs 10% Administration 19%19% Contingency/Reserve 8%5% City Admin Fee 1%1% Total Budget (Approximately)$7M $10M City of Huntington Beach Printed on 5/1/2024Page 3 of 6 powered by Legistar™822 File #:24-313 MEETING DATE:5/7/2024 VHB has submitted a VHB & Visitor Industry Introduction (Attachment 4) describing its programs, services, and key performance indicators related to its ability to market and sell the Surf City USA® brand experience leading to increased room rentals. To maintain Huntington Beach’s competitive position, additional funding would be used for activities above and beyond those that are currently provided with the existing funding level as follows: ·Sales & Marketing - Destination sales and marketing programs, which will target key visitor markets, including markets that generate substantial overnight visitation to Huntington Beach and related visitor spending throughout the year, especially during non-peak seasons and mid-week. ·Tourism Enhancement Programs - Add new and/or repurposed projects to Huntington Beach’s current brand offerings to increase year-round overnight visitation by improving the overall brand experience, the number of reasons for visitors to stay longer, and offer more reasons for visitors to return more often to Huntington Beach. If approved, the total guest charge will increase from 14% to 16% with 10% going to City TOT (which remains unchanged) and 6% to the HBTBID. As an indirect result of VHB’s expanded marketing efforts, it is anticipated that as occupancy rates and overall visitation numbers increase, so too will the City’s TOT revenue which is currently budgeted at $16,580,000 or 5.8% of the City’s total General Fund revenue for FY 2023/24. Greater occupancy rates will also generate an indirect increase in sales tax revenues from tourist spending. VHB petitioned its members for their support of the modification and thus far has received support from the major lodging business that represent over 85% in favor of the increased HBTBID assessment. HBTBID Modification Process The City Council adopted Resolution of Intention No. 2024-13 on April 16, 2024, which states the proposed modification to the MDP and schedules a duly noticed public hearing for June 4, 2024. As required by state law, a public meeting must also be held prior to the public hearing to allow lodging businesses the opportunity to provide public comment on the proposed modification. Any owner of a lodging business that is subject to the assessment may protest the HBTBID modification. Every written protest shall be filed with the City Clerk at or before the public hearing. If written protests are received from lodging business owners representing fifty percent (50%) or more of the estimated annual assessments levied, the HBTBID shall not be modified and no further proceedings to increase the assessment shall be taken for a period of one year. If public comments prompt adjustments, the City Council may elect to make changes to the MDP but cannot increase the assessment rate any further. If protests totaling 50% or more are not received, then City Council, City of Huntington Beach Printed on 5/1/2024Page 4 of 6 powered by Legistar™823 File #:24-313 MEETING DATE:5/7/2024 following the public hearing, may decide to modify the HBTBID by adopting a Resolution of Modification. The schedule below outlines the process to modify the HBTBID. April 16, 2024 Resolution of Intention (ADOPTED) Upon the written request by the HBTBID Owners’ Association (VHB), the City Council may adopt a Resolution of Intention which states the proposed modification to the HBTBID. VHB provided a written request for the proposed modification to the City dated August 29, 2023, and the City Council adopted the Resolution of Intention on April 16, 2024. April/ May 2024 Notice (MAILING NOTICE COMPLETED) The City must mail written notice to each lodging business owner affected by the proposed modification at least 45 days prior to the public hearing. Mailing the notice begins a mandatory 45-day period in which owners may protest the modification. The City must also mail a complete copy of the Resolution of Intention at least ten (10) days before the public hearing and must publish the Resolution of Intention in a newspaper of general circulation at least seven (7) days before the public hearing. The City Clerk’s office mailed the written notice to each affected lodging business owner, including permitted STR operators, on April 19, 2024. May 7, 2024 Public Meeting Public meeting to allow public comment on the modification of the HBTBID. No City Council action required. June 4, 2024 Public Hearing & Resolution of Modification City Council shall hold a public hearing, not more than 90 days after the adoption of the Resolution of Intention, on the proposed HBTBID MDP modifications. If City Council, following the public hearing, decides to modify the HBTBID, the City Council shall adopt a Resolution of Modification. The increase in the assessment rate would become effective July 1, 2024, or as soon thereafter as feasible. Amendment to the Management Agreement The Management Agreement between the City and VHB describes the specific responsibilities of each party. If the City Council adopts the Resolution of Modification, staff will also recommend an amendment to the Management Agreement to define specific Tourism Enhancement Programs that both the City and VHB would agree to fund during the remainder of the HBTBID term. Funding by VHB would equal ten percent (10%) of the assessment budget. The City would agree to match VHB’s commitment and provide similar improvements to improve the visitor and resident experience. Some examples of Tourism Enhancement Programs that would help increase overnight stays include wayfinding signs, infrastructure upgrades, public restroom enhancements, walkability improvements, connectivity and accessibility improvements, and lighting. Environmental Status: City of Huntington Beach Printed on 5/1/2024Page 5 of 6 powered by Legistar™824 File #:24-313 MEETING DATE:5/7/2024 This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Strategic Plan Goal: Goal 1 - Economic Development, Strategy A - Develop an updated economic development strategy to ensure business retention, local investments and job growth. For details, visit www.huntingtonbeachca.gov/strategicplan <http://www.huntingtonbeachca.gov/strategicplan>. Attachment(s): 1. VHB FAQs 2. Resolution No. 2024-13 3. Modified Management District Plan (clean) 4. VHB & Visitor Industry Introduction 5. PowerPoint Presentation City of Huntington Beach Printed on 5/1/2024Page 6 of 6 powered by Legistar™825 Frequently Asked Questions about Visit Huntington Beach Who is Visit Huntington Beach (VHB)? VHB, formed in 1989, is the official des8na8on marke8ng organiza8on (commonly referred to as a DMO) for Hun8ngton Beach, California. It is a private, non-profit 501(c)(6) organiza8on. VHB is an economic development organiza8on that reinvests visitor-generated assessments from Hun8ngton Beach lodging proper8es to create more local jobs, increase visitor spending at local businesses and increase overnight visitor stays in our local hotels. All these results lead to an increase in tax revenues for local government. Visit Hun8ngton Beach consists of a team of dedicated staff members and board members working toward a more successful Hun8ngton Beach. A non-membership organiza8on, its partners consist of the City of Hun@ngton Beach , all Hun8ngton Beach lodging proper8es and visitor-serving businesses, and visitor-serving organiza8ons in Hun8ngton Beach. For ques8ons regarding partnership, please view our Partner Benefits sec8on or contact a staff member. Visit Hun8ngton Beach works collabora8vely with many organiza8ons within the community, but is not involved in their opera8ons or decision-making processes. For more informa8on on those organiza8ons and their work, please visit their organiza8on websites below: City of Hun@ngton Beach • Government services; parking permits; City Council mee8ngs; policies; public safety & law enforcement. Downtown Hun@ngton Beach Business Improvement District • Represents over 250 downtown businesses that provide visitors with dining, shopping, and retail experiences • Surf City Nights (the only cer8fied farmers’ market in HB) • Surf City Ar8san Fair Hun@ngton Beach Chamber of Commerce • With a membership of more than 600 Hun8ngton Beach businesses, the Chamber works to build a stronger Hun8ngton Beach business community. What is VHB’s Mission? VHB supports and advocates for the economic vitality and quality of life for our Huntington Beach community through inspirational destination marketing and brand management. What is VHB’s legal organizational designation? VHB is a private, non-profit 501(c)(6) organization. It is not a department of the City of Huntington Beach. 826 Why does VHB use the trademark Surf City USA®? In 2004, Visit Huntington Beach registered the trademark Surf City USA® with the USPTO, and was officially was approved in 2007. Inspired by the nickname that was popularized by the 1963 song "Surf City" by Jan and Dean, Surf City USA® embodies the Huntington Beach brand as the quintessential Southern California beach-town, with more than a century of surf culture and history, 10 miles of wide-open beaches, consistent waves throughout the year, and the iconic Huntington Beach Pier. For those interested in licensing the Surf City USA® trademark, please contact VHB at (714) 969- 3492 or info@surfcityusa.com. Why is a strong local tourism economy important? A strong local tourism economy generates tax revenue for the City. These come in the form of hotel occupancy taxes (TOT), sales taxes on goods and services purchased by tourists, and taxes on attractions and events. Visitor spending also increases the effective tax base of a community. With these tax revenues, it goes into the City’s general fund, allowing local governments to provide a higher quality of services without increasing taxes for its residents. This can be reinvested into essential public services and amenities that benefit residents, such as parks, beaches, road maintenance, and emergency services. Revenue from tourism taxes also drives local economic growth, creating jobs and increasing residents' income. This stimulates spending within the community, fostering further revenue generation and potentially alleviating the need for higher taxes. If Huntington Beach loses its tourism market share to other SoCal destinations, it would weaken the local tourism economy, which would in turn reduce revenue for the city’s general fund that supports various essential city services, e.g. public safety, roads and infrastructure. It is therefore essential to modify the self-assessed TBID to a higher percentage, as it will sustain a strong local tourism economy and its efforts to drive economic vitality in Huntington Beach. What is Transient Occupancy Tax (TOT) and how is it used? Huntington Beach’s overnight lodging guests pay a 10% TOT per room per night. The City of Huntington Beach retains 100% of all TOT revenues as of February 1, 2019. (Previously, VHB had received 10% of TOT visitor tax revenues for destination marketing). These revenues support the City's general fund and help to pay for City services including police, fire, marine safety, beach maintenance, parks, and libraries. Note: City governments around the country retain an average of 50% of TOT revenues, with the remainder invested in destination marketing with the city's DMO. The City of HB retains 100%. 827 How much TOT revenue is generated each year? In FY 2022-2023, total TOT revenue collections were approximately $16 million. Since 1996, over $200 million in TOT revenues have been collected by the City. What is the benefit of tourism to Huntington Beach residents? Combined state and local tax revenues, excluding Transient Occupancy Tax revenue, generated by visitors helped to offset the average Huntington Beach resident's tax burden by $565 per household in 2017. Tourism also supports local businesses and attracts signature events to the destination, allowing residents to enjoy a wider range of restaurants, retail, and activities close to home. Do local residents pay taxes that fund Visit Huntington Beach? No. How much TOT revenue is dedicated to VHB? 0%. As of February 1, 2019, VHB does not receive any TOT funds. How is VHB funded? VHB’s funding does not come from taxes paid by local residents. Funding is derived through a Tourism Business Improvement District (TBID) self-assessment paid by Huntington Beach lodging properties who collect the assessment from overnight hotel guests choosing to stay in one of Huntington Beach’s 21 hotels (2,300 total available rooms). What is the Tourism Business Improvement District (TBID)? The TBID was originally formed in 2002 by Huntington Beach hotel properties and approved by City Council. All lodging properties within the TBID's boundaries (the city limits of Huntington Beach) agreed to place a self-assessment on overnight stays to help fund VHB's efforts to market and sell the destination to visitors. Currently, the TBID consists of 21 local hoteliers and 218* licensed vacation rentals. The TBID assessment is paid by visitors who stay in Huntington Beach lodging properties. TBID assessment revenues provide a more dependable, long-term, sustainable revenue source to market Surf City USA® globally without any tax burden on local residents. Huntington Beach’s overnight hotel guests pay a 4% assessment fee for each occupied room/vacation rental per night during their stay. (*total count fluctuates) How much TBID assessment revenue is dedicated to VHB? The current TBID management district plan went into effect on February 1, 2019 with a 4% self- assessment rate for all Huntington Beach lodging properties that would be used to fund VHB's program of work. Guests staying at these properties pay this rate upon checkout. In 2019, this plan was expected to result in annual TBID revenues of $5.2 million. It also allowed the City of Huntington Beach to receive over $1 million in revenues for the general fund that were previously allocated to Visit Huntington Beach through Transient Occupancy Taxes (TOT). 828 How much is VHB’s annual revenue? In FY 2022-2023, VHB's annual revenue was approximately $7 million dollars, all paid by Huntington Beach’s overnight hotel visitors. What does VHB do with TBID assessment dollars? TBID assessments fund vital, important VHB program of work areas, which greatly benefit our community and overall visitor experience: All metrics below is a reflection of the 2022-2023 fiscal year (July 1st - June 30th). • Overall brand marketing for Huntington Beach, Surf City USA. • Traditional advertising in key visitor markets with over 1 billion advertising impressions. • Digital and social media programs, including ownership and management of surfcityusa.com (relaunched website with new design in July 2022), with over 1.3 million annual website sessions, 2.1 million pages viewed, 109,550 Instagram followers; 84,342 Facebook fans; 15,950 Twitter followers, and 3,007 LinkedIn followers; 2,052 Pinterest followers; and 914 followers to the recently created TikTok account. • Public relations, which generated 1,900 Barcelona Principles score. o The Barcelona Principles refers to the Barcelona Declaration of Research Principles, a set of seven voluntary guidelines established by the public relations (PR) industry to measure the efficiency of PR campaigns. They were the first overreaching framework for effective public relations and communications measurement. • Destination sales (conventions, meetings, groups), which last year was responsible for sourcing over 900 leads, of which over 50,000 hotel room nights were booked into local hotels. • High demand publications such as HB’s official Visitors Guide, Visitor Map and Historical Walking Tour brochures. • International and domestic travel trade programs targeting leisure travelers via trade shows generating 15 in-destination familiarization tour visitors, and sales outreach to 733 tour operators and travel agents in 3 target countries. • HB Film Commission that works closely with the City’s Economic Development office to help generate 111 film permits. • Surf City USA's Nighttime Ambassador Program that serves visitors and businesses on weekends and during special events year-round. • Visitor Information Kiosk at the Pier, which is open seven days a week, served over 53,000 walk-up visitors. • Welcome Center at the Huntington Beach International Surfing Museum, which is open six day a week. • Free monthly partner information meetings designed to provide HB’s businesses with actionable steps to increase visitor generated expenditures for local businesses. What do vacation rentals get out of paying into the TBID self-assessment? Under the direc8on of Visit Hun8ngton Beach’s Board of Directors, one of VHB’s main 829 responsibili8es is to ensure the largest well of visitors flow into Hun8ngton Beach to stay, shop, and play. Regardless of lodging choices, des8na8on marke8ng is the number one deciding factor on travel decisions and it is crucial to keep the des8na8on top of mind when travelers decide where to spend their travel budget. Visit Hun8ngton Beach plans and deploys year-round sales & marke8ng programs to boost visitor numbers, room bookings and tourism spending for all lodging proper8es. By promo8ng Hun8ngton Beach as a fun, desirable tourism des8na8on, we en8ce more visitors to come and stay in the des8na8on, whether at a hotel, short-term rental or with friends and family. A TBID modifica8on increase would allow for bespoke vaca8on rental campaigns, influencer campaigns, website promo8on, and “Live Like a Local” materials designed specifically to benefit STVR owners and their guests. Why is the Visit Huntington Beach Board of Directors asking City Council to affirm its TBID assessment increase from 4% to 6%? Visit Hun8ngton Beach’s tourism marke8ng budget is falling behind other compe88ve southern California des8na8ons’ budgets. This significantly limits Visit Hun8ngton Beach’s (VHB) ability to market and sell the Surf City USA® brand experience around the world. Inves8ng in our des8na8on marke8ng efforts through an increased assessment will directly translate into enhanced promo8on and visibility for Hun8ngton Beach, ul8mately aurac8ng more visitors and driving economic growth. Over the last several years, costs have risen in areas such as adver8sing, crea8ve designs, strategic partnerships for group business, and labor, making it difficult for VHB’s budget to keep pace with the increased cost of doing business. Many OC and SoCal des8na8ons also have new travel and hotel experiences that are poised to draw visitors to them and away from Hun8ngton Beach, making it increasingly impera8ve to maintain our compe88ve posi8on. Without an increase to VHB’s sales and marke8ng budget, Hun8ngton Beach will have a less visible presence compared to other tourism des8na8ons, leading to tourists choosing to visit other des8na8ons instead of Hun8ngton Beach. As a result, Hun8ngton Beach hotel occupancy and room rates will drop, impac8ng the hotel industry, which will also lead to dras8cally diminished TOT, sales tax and parking revenues to the City. Why should City Council affirm a TBID assessment increase instead of a TOT increase? Studies have demonstrated that the economic impact of the TBID assessment is greater than solely increasing the TOT. By raising the assessment, we not only diversify our revenue streams but also bolster the City's budget by further increasing TOT and sales tax revenue. In 2019, Tourism Economics researched the impact of TIDs on destination performance, revealing that destinations with TIDs consistently outperform others. On average, TIDs yield a significant boost of 2.1% in hotel room demand and 4.5% in hotel room revenue compared to those without TIDs. This translates to a notable increase of 150,000 room nights and $51 million in hotel revenue for the average destination in 2019. 830 Specifically in Colorado, the Denver Tourism Improvement District (DTID) was established in 2016 to bolster revenue for tourism-related services and enhance overnight visitation, funding vital capital improvement projects. Tourism Economics analyzed the DTID's impact in 2019 and found that Visit Denver's $36 million budget generated an impressive $73 million in local tax revenue, effectively doubling the initial investment. This demonstrates that the benefits of TIDs extend beyond merely boosting hotel sales- they serve as a pivotal catalyst for driving overall economic growth. What approach does the VHB Board of Directors recommend to the City for any future initiatives to increase TOT that would have hotel industry support? The VHB Board of Directors understands that the tourism industry is part of the local economy tapestry and remains open to future City initiatives to increase its overall general fund budget. How do you track and determine the success of VHB's programs? The Visit Hun8ngton Beach Board of Directors’ strategy includes comprehensive, full-funnel sales & marke8ng ini8a8ves designed to drive a steady flow of leisure and group business throughout the year. Throughout the en8re run of various programs, Visit Hun8ngton Beach uses several data sources as well as over 50 Key Performance Indicators (KPIs) to monitor and determine the Return on Investment (ROI) performance of its Paid, Owned, Earned, and Shared channels. Why does VHB support large signature events? Research data shows that large events typically bring an increase in visitation and visitor spending to a destination during the events. By hosting special events, the tourism industry benefits from increased visitors, but also generates substantial revenue for the City as visitors spend more on accommodations, parking, dining, shopping, and entertainment during an event. This influx of spending not only supports local businesses but also fuels economic growth in the community. In addition, VHB strategically partners with world-class special events that align with the destination's brand and image (for example, the US Open of Surfing) to help drive business year-round, especially during non-peak periods. Additionally, special events provide an opportunity for Huntington Beach to showcase our unique attractions, culture, and hospitality to a wider audience, spotlighting Huntington Beach to new audiences around the world that will attract future or repeat visitors. Is VHB an accredited destination marketing organization (DMO)? VHB has been fully accredited by Destinations International (DI), the world's leading trade association for DMOs, since 2012. VHB renewed its accreditation in 2022 and received the highest possible recognition for a destination organization – "Accreditation with Distinction," indicating that the organization exceeded the minimum requirements for accreditation with over 100 mandatory and voluntary standards that span a variety of performance areas. With over 200 destination organizations who have obtained DMAP recognition, fewer than 10% earn “Accreditation with Distinction”. 831 How did VHB get accredited? To become accredited, a DMO must demonstrate compliance with more than 100 performance standards in the areas of governance, strategic planning, stakeholder engagement/advocacy, finance, human resources, management and operations, technology, research and marketing intelligence, brand management, marketing, communications, sales and services, membership/partnership, visitor services, and destination development. Accreditation standards are set by an independent panel of industry veterans representing a diverse selection of destination organizations. Standards are regularly revisited and revised to reflect the evolution of best practices in the industry and accredited organizations are required to re-apply every five years. Completing the renewal process typically takes 9-12 months. What are VHB’s Core Values? VHB embodies a community-focused spirit of service that is proactive and strategic. How many full-time employees does VHB currently employ? VHB currently has 17 full-time employees. Is VHB’s current staffing level high or low when compared to other DMOs and industry standards? The average number of full-time employees for DMOs in VHB’s annual budget category ($5 – $9.9 million) is 24 FTEs (Destination Organization Performance Reporting, DI). VHB's 17.6 FTE's is 27% less than DMOs in the same budget category. Have any of VHB staff achieved higher professional certification? There are less than 400 Certified Destination Marketing Executives (CDME) in the world. Two of VHB’s 17 full-time team members are CDMEs, with one additional team member who is in progress. DI’s highly respected 2-3 year educational CDME program offered through Purdue University is the accounting world’s equivalent of earning a C.P.A., but for DMO professionals. How many total annual visitors experience Huntington Beach? The definition of a “visitor” to any destination can vary. The sometimes-quoted annual number of between 11-15 million HB visitors is loosely based on the number of estimated cars parking at HB’s beach parking lots. This number includes local residents. For example, a local HB resident who has a beach pass and parks at the beach 20 times a year to catch some morning waves is included in this informal tally as 20 visitors. VHB commissions a more robust visitor research study every several years, designed to provide a deeper and more scientifically significant analysis of HB visitors. In these studies, HB visitors are defined as “anyone who lives outside of Orange County and who has visited Huntington Beach for the day or stayed there overnight.” Non-Orange County resident visitors to Huntington Beach: • 2022: 2.26M 832 • 2021: 2.11M • 2020: 1.69M • 2019: 2.78M • 2018: 2.61M • 2017: 3.5M • 2016: 3.34M • 2015: 3.22M • 2014: 3.18M Source: Lauren Schlau Consulting, Inc.; CIC Research, Inc.; Tourism Economics. May 2023. Which visitors are being targeted by VHB’s integrated sales and marketing plan? Non-Orange County residents who desire overnight hotel accommodations in Huntington Beach (including Sunset Beach and all other non-resort hotel property locations) are the primary target audience of VHB’s very detailed and measurable sales and marketing efforts. VHB secondarily promotes in destination shopping, dining, tour and attraction experiences to help extend length of stay, repeat visitation and day visitation. Who are these visitors? Here are some highlights from the most recent comprehensive visitor profile study: • Median age is 39 years • Household income is $105,000 • Average number of nights stayed in Orange County is 3.77 • Average size of visitor group is 3 people • About three out of four visitors (75%) are day visitors • Nearly 25% have overnight accommodations in HB, with 17.5% reporting overnight hotel stays, 2.4% other paid lodging, and 5% reporting private home accommodations and a very small percentage staying in campgrounds • 69% of visitors drove to HB, 9% used ride share (Uber/Lyft), while about 21% traveled by air • On average, HB visitors spent $395 per group (or $133 per capita), per trip in Orange County Where are these visitors from? 93% are domestic US visitors with top geo markets of: • Southern California • San Francisco and the Bay area • Phoenix/ Scottdale in Arizona • Dallas/ Houston/ Austin in Texas • Seattle/Portland/ Vancouver in the Pacific Northwest • Utah • Las Vegas in Nevada 833 • Denver in Colorado • Chicago in Illinois 7% are international visitors with top geo markets of: • Canada • UK • Mexico • China/ Japan/ South Korea • Middle East • Australia What is the economic impact on the local Huntington Beach economy by non-Orange County resident visitor spending? The last economic impact study of non-Orange County residents visiting HB was completed in 2022, assessing the economic impact of 2022 visitors: • Visitor spending: $506.3 million in direct spending, averaging $1.38 million a day. • Estimated 4,146 jobs supported by visitor spending, or 1-in-25 jobs in the City. • Over $17.3 million in total projected tax revenue from visitor spending contributed to the City of Huntington Beach's general fund. Source: Lauren Schlau Consulting, Inc.; CIC Research, Inc. May 2023. How can I view a copy of VHB’s FY22-23 2 Annual Highlights? For more information, see VHB’s FY22-23 Annual Highlights. 834 835 RESOLUTION NO. 2024-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING ITS INTENTION TO MODIFY THE MANAGEMENT DISTRICT PLAN OF THE HUNTINGTON BEACH TOURISM BUSINESS IMPROVEMENT DISTRICT (HBTBID) WHEREAS, the City Council of the City of Huntington Beach initially created the Huntington Beach Tourism Business Improvement District (HBTBID) in 2014 by Resolution No. 2014-72; and WHEREAS, the City Council renewed the HBTBID in 2018 by Resolution No. 2018- 84, and adopted the current Management District Plan (MDP) of the HBTBID; and WHEREAS, the Property and Business Improvement District Law of 1994, Streets and Highways Code §36600 et seq., allows cities to modify the MDP at the request of the OVJners' Association; and WHEREAS, the HBTBID Owners' Association, Visit Huntington Beach, has requested modification of the MDP. NOW, THEREFORE, by the City Council of the City of Huntington Beach does hereby resolve as follows: 1. The recitals set f 01ih herein are true and correct. 2. The City Council declares its intention to modify the HBTBID MDP. 3. The proposed modification of the HBTBID MDP will modify the HBTBID assessment rate. The current HBTBID assessment rate is four percent (4%) of gross short-term room rental revenue. The modified assessment rate is six percent (6%) of gross short-term room rental revenue, effective July 1, 2024, or as soon as possible thereafter, and shall continue for the duration of the HBTBID's term. 4. The time and place for a public meeting for comments on the modified HBTBID are set for May 7, 2024, at 6:00 PM, or as soon as possible thereafter as the matter may be heard, at 2000 Main Street, Huntington Beach, CA 92648. 5. The time and place for a public hearing on modification of the HBTBID MDP is set for June 4, 2024, at 6:00 PM, or as soon as possible thereafter as the matter may be heard, at 2000 Main Street, Huntington Beach, CA 92648. The City Clerk is directed to provide written notice to lodging businesses assessed within the modified HBTBID of the date and time of the meeting and hearing, and to provide that notice as required by Streets and Highways Code §36623, no later than April 20, 2024. 6. The complete proposed, modified MDP is on file with the City Clerk and may be revievved upon request. 836 RESOLUTION NO. 2024-13 7. At the public meeting and hearing, the testimony of all interested persons for or against the modification of the HBTBID may be received. If at the conclusion of the public hearing, there are ofrecord written protests by the owners of the lodging businesses within the modified HBTBID that will pay more than fifty percent (50%) of the estimated total assessment of the entire HBTBID, no further proceedings to modify the HBTBID shall occur for a period of one (1) year. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 16 th day of April, 20~ Mayor· APPROVED AS TO FORM: City Manager ATTEST: INITIATED AND APPROVED: City Clerk' Development 2 23-13464/3194 75 837 Res. No. 2024-13 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ROBIN ESTANISLAU, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a Regular meeting thereof held on April 16, 2024 by the following vote: AYES: Moser, Bolton, Burns, Van Der Mark, Strickland, McKeon, Kalmick NOES: None ABSENT: None RECUSE: None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California 2019-2028 HUNTINGTON BEACH TOURISM BUSINESS IMPROVEMENT DISTRICT MANAGEMENT DISTRICT PLAN Prepared pursuant to the Property and Business Improvement District Law of 1994, Streets and Highways Code section 36600 et seq. March 27, 2024 838 VISIT HUNTINGTON BEACH SURF CITY USA Contents I.OVERVIEW ........................................................................................................................................ 2 II.BACKGROUND ................................................................................................................................ 4 III.IMPETUS TO RENEW THE HBTBID ........................................................................................ 5 IV.ACCOMPLISHMENTS ..................................................................................................................... 7 V.BOUNDARY ..................................................................................................................................... 15 VI.BUDGET AND SERVICES ........................................................................................................... 16 A.Annual Service Plan ........................................................................................................................... 16 B.Annual Budget .................................................................................................................................... 19 C.California Constitutional Compliance ............................................................................................. 19 D.Assessment .......................................................................................................................................... 21 E.Penalties and Interest ......................................................................................................................... 21 F.Time and Manner for Collecting Assessments .............................................................................. 22 VII.GOVERNANCE ............................................................................................................................... 22 A.Owners’ Association .......................................................................................................................... 22 B.Brown Act and California Public Records Act Compliance ........................................................ 23 C.Annual Report .................................................................................................................................... 23 APPENDIX 1 – LAW .................................................................................................................................... 24 APPENDIX 2 – ASSESSED BUSINESSES ............................................................................................. 35 Prepared by Civitas (800)999-7781 www.civitasadvisors.com 839 ••• • • CIVITAS PARTNERSHIPS • PROGRESS • PROSPERITY HBTBID Management District Plan 2 March 27, 2024 I.OVERVIEW Developed by Visit Huntington Beach (VHB) and Huntington Beach lodging businesses, the renewed Huntington Beach Tourism Business Improvement District (HBTBID) is an assessment district that will continue to provide specific benefits to payors, by funding marketing and sales promotion efforts for assessed lodging businesses. The HBTBID was formed in 2014 for a five (5) year term; assessed lodging businesses subsequently renewed it for an additional nine (9) years and five (5) months. Location: The renewed HBTBID includes all lodging businesses located within the boundaries of the City of Huntington Beach, as shown on the map in Section V. Services: The HBTBID is designed to provide specific benefits directly to payors by increasing room night sales. Tourism Enhancement Programs, Marketing & Public Relations and Group Sales will increase overnight tourism and market payors as tourist, meeting and event destinations, thereby increasing room night sales. Budget: The total HBTBID annual assessment budget for each full year of operation was approximately $5,000,000. The initial “year” of operation was a partial year consisting of five (5) months, for which the assessment budget was approximately $2,083,333. Beginning July 1, 2024, or as soon as possible thereafter, due to the modified assessment rate, the total HBTBID assessment budget for each full year of operation is anticipated to be approximately $10,000,000. Cost: The initial annual assessment rate was four percent (4%) of gross short-term room rental revenue. This Management District Plan (Plan) has been modified to increase the assessment rate to six percent (6%) of gross short-term room rental revenue. The modified assessment rate is effective beginning on July 1, 2024, or as soon as possible thereafter, and shall continue for the duration of the HBTBID’s term. Based on the benefit received, assessments will not be collected on: stays of more than thirty (30) consecutive days; stays by any federal or State of California officer or employee when on official business; and stays by any officer or employee for a foreign government who is exempt by reason of express provision of federal law or international treaty. Collection: The City will be responsible for collecting the assessment on a monthly or quarterly basis (including any delinquencies, penalties and interest) from each lodging business located in the boundaries of the HBTBID. The City shall take all reasonable efforts to collect the assessments from each lodging business. Duration: The renewed HBTBID has a nine (9) year and five (5) month life, beginning February 1, 2019 through June 30, 2028. Once per year, beginning on the anniversary of HBTBID renewal, there is a thirty (30) day period in which owners paying fifty percent (50%) or more of the assessment may protest and initiate a City Council hearing on HBTBID termination. The proposed time for implementation and completion of this Plan is February 1, 2019 through June 30, 2028. The modified assessment rate is set to take effect July 1, 2024, or as soon as possible thereafter, and shall continue for the duration of the HBTBID’s term. After the nine (9) year and five (5) month term, the HBTBID may be renewed for up to ten (10) years if lodging business owners support continuing the programs. 840 • VISIT '!is' HUNTINGTON BEACH SURF C ITY USA HBTBID Management District Plan 3 March 27, 2024 Management: Visit Huntington Beach will continue to serve as the HBTBID’s Owners’ Association. The Owners’ Association is charged with managing funds and implementing programs in accordance with this Plan, and must provide annual reports to the City Council. 841 • VISIT '!is' HUNTINGTON BEACH SURF C ITY USA HBTBID Management District Plan 4 March 27, 2024 II.BACKGROUND TBIDs are an evolution of the traditional Business Improvement District. The first TBID was formed in West Hollywood, California in 1989. Since then, over one hundred California destinations have followed suit. In recent years, other states have begun adopting the California model – Massachusetts, Montana, South Dakota, Washington, Colorado, Texas and Louisiana have adopted TBID laws. Several other states are in the process of adopting their own legislation. The cities of Wichita, Kansas and Newark, New Jersey used an existing business improvement district law to form a TBID. And, some cities, like Portland, Oregon and Memphis, Tennessee have utilized their home rule powers to create TBIDs without a state law. California’s TBIDs collectively raise over $300 million annually for local destination marketing. With competitors raising their budgets, and increasing rivalry for visitor dollars, it is important that Huntington Beach lodging businesses continue to invest in stable, lodging-specific marketing programs. TBIDs utilize the efficiencies of private sector operation in the market-based promotion of tourism districts. TBIDs allow lodging business owners to organize their efforts to increase room night sales. Lodging business owners within the TBID pay an assessment and those funds are used to provide services that increase room night sales. In California, TBIDs are formed pursuant to the Property and Business Improvement District Law of 1994. This law allows for the creation of a benefit assessment district to raise funds within a specific geographic area. The key difference between TBIDs and other benefit assessment districts is that funds raised are returned to the private non-profit corporation governing the district. There are many benefits to TBIDs: •Funds must be spent on services and improvements that provide a specific benefit only to those who pay; •Funds cannot be diverted to general government use; •TBIDs are customized to fit the needs of payors in each destination; •TBIDs allow for a wide range of services; •TBIDs are designed, created and governed by those who will pay the assessment; and •TBIDs provide a stable, long-term funding source for tourism promotion. 1 2 4 6 9 12 19 25 29 32 38 46 61 70 88 99 104110113 0 20 40 60 80 100 120 Number of Districts Operating in California 842 • VISIT ~, HUNTINGTON BEACH SURF CITY USA' HBTBID Management District Plan 5 March 27, 2024 III. IMPETUS TO RENEW THE HBTBID The existing HBTBID was established in 2014 with an assessment rate of three percent (3%) on overnight lodging revenues in Huntington Beach. While the HBTBID has been successful, there was still opportunity for growth in overnight visitation and room night sales revenue, especially during non-peak periods. At the time of HBTBID renewal in 2019, the City of Huntington Beach provided VHB with funding from Transient Occupancy Tax revenues, equal to one percent (1%) of overnight lodging revenues in Huntington Beach, pursuant to an MOU between the City and VHB. The City and VHB have terminated the MOU and entered into a new long -term agreement with the City that includes the City retaining 100% of all TOT revenues. In the renewal of the HBTIBD, the assessment rate was increased initially to four percent (4%) of gross short-term room rental revenue to ensure that tourism promotion funding was not decreased during the term of the renewed HBTBID. To continue to ensure that tourism promotion funding is adequate to remain competitive with other popular destinations, this Plan has been modified to increase the assessment rate to six percent (6%) of gross short-term room rental revenue. The modified assessment rate is effective beginning on July 1, 2024, or as soon as possible thereafter, and shall continue through the duration of the HBTBID’s term. There are several reasons to modify this Plan. The most compelling reasons are: 1. The Need to Maintain/Increase Competitiveness, Occupancy and Overall Visitation As the number of overnight accommodations grow in Orange County, as well as in competitive California cities and counties, it is crucial that Huntington Beach maintains and increases its competitiveness, occupancy levels and visitation from targeted markets. These goals can be accomplished by increasing the HBTBID assessment rate from four percent (4%) to six percent (6%), which will generate approximately $10,000,000 per each full year in dedicated HBTBID funding for improvements and activities to increase room rentals for assessed lodging businesses located within the modified HBTBID. Additional HBTBID funds will continue to be used to implement new Tourism Enhancement Programs above and beyond those that are currently provided with the existing funding level: 1. Increase funding for destination sales and marketing programs, which will target key visitor markets, including markets that generate substantial overnight visitation to Huntington Beach and related visitor spending throughout the year, especially during non-peak seasons; and 2. Increase funding for the innovative HBTBID Visitor Services Enhancements program that adds new and/or repurposed projects to Huntington Beach’s current brand offerings, which will increase year around overnight visitation by improving the overall HBTBID brand experience, the number of reasons for visitors to stay longer, and offer more reasons for visitors to return more often to Huntington Beach. 2. An Opportunity for Increasing City Revenues As an indirect result of the modified HBTBID, it is expected that as occupancy rates and overall visitation numbers increase, so too will the City’s Transient Occupancy Tax revenue. Greater occupancy rates will also generate an indirect increase in sales tax revenues from tourist spending. 3. Stable Funding for Destination Marketing 843 • VISIT '!is' HUNTINGTON BEACH SURF C ITY USA HBTBID Management District Plan 6 March 27, 2024 The current HBTBID was formed pursuant to the Property and Business Improvement District Law of 1994. The law allows a district to be renewed for up to ten (10) years without the need for City Council’s annual approval to continue levying the assessment. Stakeholders elected to renew the HBTBID for a nine (9) year five (5) month term. The renewed term provides stable funding for destination marketing, visitor services enhancements, and management through June 30, 2028 and aligns the HBTBID’s fiscal year to the City’s fiscal year. This will provide stable funding for destination marketing, visitor services enhancements, and management. Many of Huntington Beach’s competitors are at or exceeding the level of funding available for destination marketing in Huntington Beach. The table below lists the funding raised by tourism improvement districts for VHB’s current comparative set. Location Amount Raised Assessment Rate TOT Rate Total Guest Charge Anaheim $17,500,000 2% room revenue 15% 17% Mammoth Lakes $10,800,000 1% room revenue 13% 14% Newport Beach $10,500,000 3% room revenue 10% 13% Palm Springs $17,000,000 1% room revenue 14% 15% San Diego $41,000,000 2% room revenue 10% 12% San Luis Obispo $10,400,000 1% room revenue 10% 11% Santa Barbara $10,700,000 2% room revenue 12% 14% *As of August 2023 844 • VISIT ~, HUNTINGTON BEACH SURF CITY USA' HBTBID Management District Plan 7 March 27, 2024 IV.ACCOMPLISHMENTS (2019 – 2023) Assessed Lodging Business Revenue Assessed lodging business revenue has increased 27% since the HBTBID assessment was increased from 3% to 4% in 2019. Increases in assessed lodging business revenue by fiscal year are listed below: Fiscal Year % Increase Note FY 18-19 17% FY 19-20 (23%) (Covid hit in last quarter of fiscal year) FY 20-21 (6%) FY 21-22 41% FY 22-23 6% Marketing & Public Relations 2019/2020 •To adapt to the pandemic shutdowns, VHB revised its marketing mix from a more international/national blend of effort towards a more hyper local (Los Angeles/Orange County) and regional CA drive market focus. •In partnership with the City of Huntington Beach, launched OneHB Clean & Safe and Masks Up Surf City campaigns as part of its COVID-19 Recovery Plan. •Produced 360 virtual reality content and an Open for Business map as part of VHB’s COVID- 19 Recovery Plan. •Participated in Virtual Trade Show: 10 pre-scheduled appointments from larger agencies and groups (AAA Northeast, HelmsBriscoe) to smaller agencies (Preferred ChoiceTravel, TravelStore Pasadena) in partnership with the Hyatt Regency Huntington Beach Resort & Spa •Date a Destination: Week-long event held by Gate 7 with the major Australian travel companies in Australia (Helloworld, Flight Centre), destination reps, and virtual one-on-one meetings. •Promoted Huntington Beach during the 2019 Great Pacific Airshow as a VIP Chalet sponsor. 2020/2021 •Continued OneHB Clean & Safe and Masks Up Surf City pandemic safety campaigns. •Developed a Clean & Safe video series for each of the HB Collection properties that showcased their flexible meeting & events meeting spaces with 40% of its total square footage being outdoors and reiterated their commitment to ensuring a safe environment for their guests. •Incorporated Project Brief template to use for ideation and outlining all proposed large VHB projects. •Launched inaugural 12 Blocks of Cheer Campaign bringing together the four downtown resorts, Pacific City, and Downtown Main Street for a holiday campaign promoting local shops, businesses, and events. 40 participating businesses; 62 events/photo ops; 35 deals; 3,000+ map views. •Participated in Visit California’s Calling All Californians Co-op Marketing Program designed to jump start the California economy and drive responsible in-state travel. From August – November, VHB rolled out advertising on travel-focused digital platforms. Campaign 845 • VISIT ~, HUNTINGTON BEACH SURF CITY USA' HBTBID Management District Plan 8 March 27, 2024 generated more than 9.6M impressions, 2,600 room nights with a gross booking value of $555.9K. •Launched social media advertising campaign on Facebook and Pinterest targeting in-state travelers, complementing the Calling All Californians digital campaign. Garnered 3.2M impressions, over 82.7K video play-throughs, and over 15K clicks. •Media/PR efforts focused on garnering media coverage from hyper local outlets and influencers. •Authored 17 blogs with listicle themes (ex: Three Reasons to Travel to Huntington Beach During the Week). •Website Enhancements: Content Optimization and Navigation Architecture; SEO/SEM; Transitioned website to becoming ADA compliant. •Revamped paid social media program to align with the heavy audience shift to social media during the pandemic, leveraging the 24/7 cycle of the platforms to promote all relevant VHB marketing programs. Communities and engagement increased on Facebook and Instagram by 25% YoY. •Launched Datafy geo-location reporting dashboard tool which gains visitor and visitation insights from unique mobile device IDs that are observed while in destination. •Revised Visitor Guide with a 2020 pandemic lens and Rediscover Your Glow and Travel Responsibly themes. •Secured in-market agency representation in Canada, United Kingdom/Ireland, and Mexico. 790 total travel agents across all markets trained on selling Huntington Beach as a destination. 103 one-on-one trade show appointments with key international travel agents and tour operators. •Launched CA STAR Visit CA Training Tool used to train groups of travel agents and tour operators via an online course. •Brand USA Agent Training in Mexico City (200+ attendees). •Familiarization Tours with Air Canada, Discover North America (UK), British Airways (UK), and Virgin Holidays (UK). •Updated FILM HB Landing pages. FILM HB Data: 14 Film inquiries and 11 permitted shoots. 2021/2022 •In February 2021, launched inaugural Show Your HB Love campaign to highlight various businesses throughout Huntington Beach. •Launched #BeHere Marketing Campaign encouraging visitation and overnight stays in an open, outdoor, safer environment. The campaign’s initial launch was during the summer and the second BeHere 2.0 flight leveraged Huntington Beach’s elongated summer weather and events that extend well into the Fall, Winter and Spring seasons providing an opportunity for a second wave of summer leisure marketing- Summer 2.0 – which overlays with the destination’s needs period. Campaign garnered 15.2M impressions 32K clicks, reached 2.7M households and 122 cities. The booking component of the campaign generated 2.2M impressions, and 9,200 room nights with a gross booking value of $2.4M. •Participated in Visit California’s What If Co-op Marketing Program: Launched in Spring 2021, the multi-layered campaign helped to stimulate California’s tourism economy and inspire domestic travel. •The 2021 WSL US Open of Surfing presented by Shisedo Marketing Campaign spotlighted Huntington Beach to over 15 countries around the globe. The campaign garnered $241.1K in media value, 110M social media impressions, 3.4M video plays, 1.3M live video views, 80K page views to landing page, and 1,000 pieces of media coverage media. 846 • VISIT ~, HUNTINGTON BEACH SURF CITY USA' HBTBID Management District Plan 9 March 27, 2024 • Promoted Huntington Beach during the 2021 Pacific Airshow as a Chalet partner, hosting meeting planners and select VIP clients to promote HB as a meetings and events destination. • Social Media program resulted in Facebook and Instagram communities increasing by 15% YoY, and social media engagement levels surpassing VHB 15% benchmark increase by as much as 135%. • Launched Crowdriff- visual content marketing software for travel and hospitality brands to help source, manage, and publish user-generated content and short-form video from Huntington Beach locals and visitors. • Launched a TikTok page in October 2021. • Launched a Group Sales e-newsletter targeting meeting & event planners. Built a database of over 2,900 recipients with an open rate of 19.1%. • Launched a UGC (user generated content) program encouraging locals and visitors to share their content with us for use on our social platforms and other materials. Generated 869 pieces of content. • Launched digital advertising program that sells banner ad space on heavily trafficked pages of the VHB website, as well as paid opportunities on other VHB digital platforms (social media, e-newsletter, et al). • Launched robust, content-calendar-based blog program to build more relevant, SEO- & SEM-friendly content on the VHB website. 60 blogs authored. • Launched a quarterly photoshoot program developed to fill in imagery needs for all of VHB’s marketing initiatives. Quarterly Sessions: Outdoor Activities around the Pier, Action Sports, Laidback Luxury, and Select Service Hotel Properties. • Partnered with four Orange County DMOs to form the Orange County Coastal Tourism Alliance in response to the Orange County Coastal oil spill. Developed a website to serve as a central communication hub for elected officials, the City, media, tourism industry and the public to share the most current information and accurate, factual updates about the spill impacts and recovery. • In January 2022, launched quarterly Visitor Intercept Surveys. The data collected over calendar year 2022 will be included as insight in the 2022 Resident Sentiment Report and the 2022 Economic Impact Report. • Hosted 13 journalists and 15 influencers, including “Travel Mom” influencer Emily Kaufman. Garnered national and local coverage including Forbes Magazine, Conde Nast Traveler, JustLuxe, CNN, Fox 11 News, Brides, and Orange County Register. • Produced Surf City USA® Uncovered- a 20-episode series featuring unknown or “hidden” gems within Huntington Beach. The series targeted visitors and locals encouraging them to explore. • Revised Visitor Guide with the 2022 themes of Be Here and Clean & Safe and inspiring messaging sensitive to travel in a (transitioning) pandemic era. • FILM HB Data: 45 Film inquiries and 63 permitted shoots. 2022/2023 • Launched #BeHere 3.0 Marketing Campaign encouraging visitation and overnight stays in an open, outdoor, safer environment. This iteration of the campaign targeted Huntington Beach lifestyle pillars of outdoors, wellness, family, active sports, dining, and shopping. Campaign garnered 22.7M impressions 46.7K clicks, outpacing performance by 47%. The booking component of the campaign generated 3,360 room nights. • In response to Board direction to amplify channels to help boost referral business to hotels for the remainder of the fiscal year, VHB extended its #BeHere Soft Season Campaign, a highly targeted media buy investment developed to generate leisure bookings, increase web traffic to SurfCityUSA.com, and increase awareness of the destination, hotel, and resort properties. 847 • VISIT ~, HUNTINGTON BEACH SURF CITY USA' HBTBID Management District Plan 10 March 27, 2024 The extended campaign generated an additional 8.24M total impressions and 11,950 clicks to VHB's campaign landing page. The campaign surpassed performance projections by 53% and is tied to 2,917 unique hotel overnight visitors who saw VHB paid media ads up to 90 days before their stay. • Launched redesigned website. Website traffic increased 7% YoY with 1.3M sessions and 2.1M Pageviews annually. Won four awards: Hermes Creative Award - Gold; DotComm- Gold Winner; Internet Advertising Competition - Best of Industry Winner; 29thAnnual Communicator Awards - Award of Excellence. • Updated all of VHB's SEM- and SEO-related platforms that track search engine and website performance to be compliant with Google Analytics Version 4 (GA4) platform update before the switch went live on July 1, 2023. • Produced quarterly destination performance reports for the HB Collection hotel properties, customized with destination-level and hotel-level data per property. • Promoted the inaugural A Great Day in the Stoke, a surfing competition which is open to all, but also happens to be the largest gathering of black surfers. The campaign secured 48 pieces of online media stories, 4 broadcast interviews, and 3 print articles with a collective reach of 29.3M. • The 2022 ISA World Surfing Games Marketing Campaign promoted Huntington Beach to over 2.1M LiveStream viewership from over 50 countries. The campaign, which received exposure in the Opening Ceremony, the competition broadcast, and Closing Ceremony and Parade, garnered 2M social media impressions, 132K daily interactions on lSA event page, and media coverage reaching 22K contacts. • The 2022 WSL Vans US Open of Surfing Marketing Campaign spotlighted Huntington Beach to over 743M homes in 6 regions around the globe. The campaign garnered a collective 1.3K social media posts, 38M social media impressions, 2M VOD views, 2.9M email impressions, 2.8M live video views, 195K page views to landing page, and 1,000 pieces of media coverage media. VHB also hosted LA28 organizing committee members allowing them to see first- hand HB’s capabilities as a top-tier sporting event location. • Promoted Huntington Beach during the 2022 Pacific Airshow as a Chalet partner, hosting top meeting and event planners to showcase the destination as a unique place to meet. Along with Destination Analysts, produced 2022 Pacific Airshow Economic Impact Report that showed it generated a $70M total direct economic impact for Huntington Beach. • Secured the 2023 ISA World Para Surfing Championships to occur in November 2023 (FY 23- 24). • Updated VHB Brand Style Guide. • Produced Huntington Beach Tourism Summit hearing from experts in the tourism, action sports, and entertainment industries, as well as economic forecasts for Huntington Beach and updates on regional infrastructure enhancements. • Designed new VHB trade show booth which debuted at IMEX 2022, a major trade show. • Produced the 2022 Resident Sentiment Report and the 2022 Economic Impact Report. • Created a Major Events in HB Presentation deck highlighting all the benefits of hosting world- class sporting (and other) events in Huntington Beach. • Achieved goal of having 1,000 TikTok followers by fiscal year’s end, unlocking additional backend features. • Launched KeyData Reporting Dashboard which tracks Short Term Vacation Rentals performance in the destination. • Launched Symphony Dashboard which pulls in all sources of economic, demographic, marketing, digital performance numbers into a central location for streamlined and customizable reporting. 848 • VISIT '!is' HUNTINGTON BEACH SURF C ITY USA HBTBID Management District Plan 11 March 27, 2024 •Hosted 16 journalists and 7 influencers. Garnered national and local coverage including Forbes Magazine, Viator, Inside Hook, Daily Pilot, Travel Awaits, USA Today, and Orange County Register. •Hosted the California Cup Golf Invitational 2023. The 4-day long event brought together 75 international travel trade buyers and California suppliers for HB experiences, business development, and industry networking. Each year, CA Cup Invitational gives back to a local charity through funds raised from international and CA auction prizes. •VHB was the only U.S. destination invited to participate in Air Canada, the Air Canada Foundation, and CAN (Canucks Autism Network) community’s inaugural Autism Aviation Day, VHB welcomed over 50 individuals including children on the autism spectrum. The event provided an opportunity for youth on the autism spectrum (and their families) to rehearse the entire pre-flight process; the goal is to increase autism accessibility and encourage future travel. •Conducted 733 total travel agents across all markets trained on selling Huntington Beach as a destination; 137 one-on-one trade show appointments with key international travel agents and tour operators; and 15 international familiarization tours. •Along with Destination Analysts, produced 2022 Pacific Airshow Economic Impact Report. •FILM HB Data: 126 Film inquiries and 111 permitted shoots. Sales FY 2019 to present: •Conference/Meeting leads processed by VHB: 2,900 •Definite contracted/booked room nights by VHB: 176,055 •Economic Impact of Groups to Huntington Beach: $121 million Highlighted Group Sales Programs •Success of HB Collection Beachwides – Annual Future Proof Wealth Festival, inaugural year 2022, taking place every September with over 3,000 room nights to the destination per year within the four HB Collection Resorts and a beachfront event activation. •Participation in Intermediary Preferred programs including HelmsBriscoe, ConferenceDirect, Prestige, and HPN Global which contributed to a substantial increase in lead development YOY. •Partnership with Orange County Sport Commission has generated new business opportunities for both our Select Service and Full-Service Hotel/Resort partners. Visitor & Partner Services Visitor Interactions (July 1, 2019 – June 30, 2023) •Visitor Info Kiosk: 51,644 •VHB Office: 13,173 •Events: 10,017 •Mobile Bicycle Program: 391 Event Information Booths •55 events attended •New branded equipment purchased in 2022 (10x10 pop-up canopy, cafe umbrella, flags, and tablecloths) 849 • VISIT ~, HUNTINGTON BEACH SURF CITY USA' HBTBID Management District Plan 12 March 27, 2024 Local Pop-up Information Booths •Launched Summer of 2021 •Pacific City o Operated weekends only from 5/29/21-8/29/21 o 282 interactions •Bella Terra o Operated weekends only from 7/10/21-9/5/21 o 215 interactions Publication Distribution •Design and produce 18 different publications, including the official Huntington Beach Visitor Guide, Visitor Maps, Downtown HB and Sunset Beach Tear Off Maps, Downtown maps in foreign languages, Nightlife Guides, Activity Guides, Historical Walking Tours, and more. •7,500+ visitor guides handed out in person •100,000+ visitor guides distributed to local businesses •150,000+ visitor guides & rack brochures distributed to locations across the Western United States Partner Services •Partner Education Series - Launched in 2021; to date the series has held 23 events (15 virtual, 8 in-person) with 466 attendees. •Partner Outreach Program - Launched 2021; Partner Services staff have connected with HB businesses 946 times. Visitor Services staff have referred visitors to HB businesses 6,921 times. •CEO/Partner Newsletters - Over 50 e-newsletters have been sent since March 2020, with 1,166 newsletter contacts, a 41% average open rate (20% industry standard), and a 2.82% average click rate (2.25% industry standard). Visitor Experiences •Meet in HB Pass - Launched in 2022 for Group Meetings, this program provided deals at 13 local businesses for meeting attendees •VHB Guided Walking Tours - Launched in 2022, the Historical Downtown HB Walking Tour and the Surf History Walking Tour are led by VHB staff twice a month. Special tours are led by Chris Epting a few times a year. To date, 222 tickets have been sold for the VHB led walking tours and the Chris Epting tours have sold out. •Digital Surf City USA Barrel Trail - Launched in Spring 2022 as a free digital pass with a phone app, this trail provided deals at 15 breweries and distilleries across HB and garnered 566 sign-ups. •Surf City USA Barrel Trail Passport - Launched in March 2023 as a physical booklet, the new passport is sold online and in-store for $5. To date, 254 passports have been sold and 2 people have completed the full trail and redeemed the grand prize, a gift card to an HB brewery/distillery of their choice. •Surf City USA Scavenger Hunt - Launched 2023, the Scavenger Hunt is a printed map targeted to families with young children. Participants redeem their completed Scavenger Hunt for a free coloring book at the Visitor Information Kiosk. In the first two months of the program, 68 participants picked up their free coloring book. 850 • VISIT ~, HUNTINGTON BEACH SURF CITY USA' HBTBID Management District Plan 13 March 27, 2024 •Surf City USA Snapshots - Launched in May 2023, this digital trail leads visitors and residents to the best Instagrammable photo spots in HB. •Pedego Pilot Program – Pilot program launched summer of 2022, this mobile visitor information bicycle provided visitor info along the beach path and had 391 interactions over 3 months. •Major Visitor Information Kiosk Capital Improvements over the last several years. Other Visitor Enhancement Programs •Team Surf City USA Volunteer Program •Launched June 2023 •8 volunteers enrolled in the program •Wayfinding Program •Completed 90% of installation and continue to conduct ongoing maintenance for installed HB branded Wayfinding Program signage throughout Huntington Beach. The $1 million-plus comprehensive wayfinding system was created in partnership with the City of Huntington Beach after receiving community input. •The program remains ongoing with installation of remaining signs, including gateway signs, to take place over the coming years. •Installed and maintain digital information kiosk at the HB Pier as part of the Wayfinding Program. •Summer Beach Restrooms - Provide annual financial support for temporary summer beach restrooms and additional cleaning at the HB Pier. In 2023, VHB covered the entire cost for the program due to City budget cuts. •Downtown Transportation - Provided financial and marketing support for the launch of the Circuit electric car program in Downtown HB. Retail Program •In 2020, VHB launched a Surf City USA® retail program to help visitors promote the brand when they return home. Currently, the store produces 26 items for sale in-store, online, and at pop-up booths, with gross sales of $33k since inception. Sales increased 88% in the last year. Pandemic recovery initiatives •Open For Business Page and Map launched in March 2020 to help residents and visitors find needed resources. •OneHB Clean & Safe Pledge Digital Trail launched in October 2020 and garnered 787 pledges from HB businesses. Advocacy & Community Support •Provide resources and knowledge to support public policy initiatives that advance brand awareness and reputation of Huntington Beach •Provide annual funding support for the Downtown Nighttime Ambassador Program, which is now operated by the Downtown Business Improvement District. •VHB supports local events with community sponsorships for programs including the Waymakers Pier Snowflakes, 4th of July Parade, Blessing of the Waves, HB Surfing Walk of Fame, Cherry Blossom Festival, Great Day in the Stoke, Surf City Splash, Bolsa Chica Wetlands Conservancy, and Amigos de Bolsa Chica. 851 • VISIT ~, HUNTINGTON BEACH SURF CITY USA' HBTBID Management District Plan 14 March 27, 2024 •VHB staff volunteer on local committees and Boards of Directors, including the HB Chamber of Commerce, Downtown Business Improvement District, HB Surfing Walk of Fame, and the Alzheimer’s Association Walk to End Alzheimer's. •VHB staff speak annually at local schools and non-profit organizations providing information about why tourism is a viable job industry and a strong economic support for the community. •Provide annual funding support for HB International Surfing Museum •VHB staff volunteer for local events and projects, such as the City of Huntington Beach’s Community Service Day, the Waymaker’s Youth Shelter Annual Gala, the Wetlands & Wildlife Care Center’s Baby Shower, and Project Self Sufficiency’s Thanksgiving and Holiday gift giving program. Administration Awards •Named one of OC Business Journal’s Best Places to Work in Orange County in 2023. •Earned FiredUp! Culture’s 2022 Culture Achievement Award, which was awarded to nine organizations nationally across multiple industries who scored the highest on its Team Culture Index Survey. •Earned a “With Distinction” status with VHB’s 2021 DMAP (Destination Management Accreditation Program) accreditation renewal through Destinations International. The “With Distinction” status has only been awarded to less than 15 organizations globally. Operations •Created new 2023-2026 Strategic Plan, to follow the 2020-2023 Strategic Plan. •In 2019, relocated VHB office to ground level on 5th Street near PCH to provide better access for visitors. Created Welcome Center and Surf City USA® retail store in new office lobby. •Continue to perform annual unqualified audits. 852 • VISIT ~, HUNTINGTON BEACH SURF C ITY USA HBTBID Management District Plan 15 March 27, 2024 V.BOUNDARY The HBTBID will include all lodging businesses, existing and in the future, available for public occupancy within the boundaries of the City of Huntington Beach. Lodging business means: any structure, or any portion of any structure which is occupied or intended or designed for occupancy by transients for dwelling, lodging or sleeping purposes, and includes any hotel, inn, tourist home or house, motel, studio hotel, bachelor hotel, lodging house, rooming house, at a fixed location, or other similar structure or portion thereof. The boundary is shown in the map below. A complete listing of lodging businesses within the renewed HBTBID can be found in Appendix 2. 853 • VISIT ~, HUNTINGTON BEACH SURF CITY USA' HBTBID Management District Plan 16 March 27, 2024 VI. BUDGET AND SERVICES A. Annual Service Plan Assessment funds will be spent to provide specific benefits conferred or privileges granted directly to the payors that are not provided to those not charged, and which do not exceed the reasonable cost to the City of conferring the benefits or granting the privileges. The privileges and services provided with the HBTBID funds are marketing, sales and tourism enhancement programs available only to assessed lodging businesses. A service plan budget has been developed to deliver services that benefit the assessed lodging businesses. A detailed annual budget will be developed and approved by VHB. The total initial full year budget was anticipated to be $5,000,000. Fiscal year 2019 covered the five (5) month period from February to June 2019, resulting in a lower anticipated budget for the first five (5) months of HBTBID operation. The table below illustrates the initial annual budget allocations reflecting the modified assessment rate. Beginning July 1, 2024, or as soon as possible thereafter, due to the modified assessment rate, the total initial full year assessment budget is anticipated to be approximately $10,000,000. Although actual revenues will fluctuate due to market conditions, the proportional allocations of the budget shall remain the same. However, the City and the VHB Board shall have the authority to re- allocate up to fifteen percent (15%) of the budget allocation within the budgeted categories per year and submitted through the annual report. For example, if there is increased market competition, $150,000 from the Tourism Enhancement Programs budget may be reallocated to the Sales & Marketing budget, staying within the authorized 15% reallocation limit. In the event of unforeseeable emergencies or unavoidable catastrophes that interrupt the expected course of business, by agreement of both the VHB Board and the City Manager (or his/her designee), the City and VHB shall have the authority to adjust budget categories by more than fifteen percent (15%) of the budget allocation within the budgeted categories. For example, in the event of a pandemic resulting in an unprecedented decline in tourism, $3,000,000 from the Sales & Marketing budget may be reallocated to the Tourism Enhancement Programs budget to address unforeseen circumstances, exceeding 15% as allowed under the exceptional circumstances. At least annually, VHB will meet with the City Manager or designated staff to review accomplishments and funding priorities for the following year. A description of the proposed improvements and activities for the initial year of operation is below. The 854 2024 VHB PROPOSED MODIFIED BUDGET: Annual Assessment Budget $10,000,000 VHB's FY23-24 budget is approximately $7 million. With a 2% i ncrease in TBID ass essments, VHB forecasts it s b udget to be approximately $10M. Th is amount is reflected below. All proposed programs funded by TBID assessments must be approved by the VHB Board d uring the annual budget process and m ust adhere to state laws governing these assessment expenditures. Contingency/Reserve $500,000 (5%) Administration $1,900,000 (19%) Tourism Enhancem ent Programs $1,000,000 (10%) Includes Dest ina tion Product Devel opment (DPD) and Visitor Services Enhancements (VSE) Programs from 2019·2024 MOP 0 VISIT HUNTINGTON BEACH SURF CITY USA' Sales & M arketin1 $6,500,000 (65%) HBTBID Management District Plan 17 March 27, 2024 same activities are proposed for subsequent years. In the event of a legal challenge against the HBTBID, any and all assessment funds may be used for the costs of defending the HBTBID. Each budget category includes all costs related to providing that service, in accordance with Generally Accepted Accounting Procedures (GAAP). For example, the Sales & Marketing budget includes the cost of staff time dedicated to overseeing and implementing the sales and marketing programs. Staff time dedicated purely to administrative tasks is allocated to the administration portion of the budget. The costs of an individual staff member may be allocated to multiple budget categories, as appropriate in accordance with GAAP. The staffing levels necessary to provide the services below will be determined by the VHB on an as-needed basis. Sales & Marketing The sales and marketing program will promote assessed lodging businesses as tourist, meeting, and event destinations. The sales and marketing program will have a central theme of promoting the Huntington Beach destination brand as a desirable place for overnight visits. The program will have the goal of increasing overnight visitation and room night sales at assessed lodging businesses, and may include the following activities which are designed to drive overnight visitation and room sales to assessed lodging businesses: • Increased advertising and promotional programs in print, online, social media, and television targeted at potential visitors to drive overnight visitation and room sales; • Website enhancements and updates; • Strategic advertising and marketing agency support; • Contract with third party marketing and sales partners; • Public relations, sales blitzes, missions, and calls; • Familiarization tours targeting key decision makers; • Preparation and production of collateral promotional materials such as visitor guides, brochures, flyers, and maps; • Video development for destination experiences and visuals; • Attendance at professional industry conferences and affiliation events; • Lead generation activities designed to attract tourists, leisure visitors, and group events to Huntington Beach; • Partnerships with targeted special events that attract overnight visitors; and • Cooperation with local agencies and film commission programs that attract overnight visitors. Tourism Enhancement Programs The Tourism Enhancement Program (TEP) will enhance the brand image and visitor experience while in destination, providing a benefit for guests of assessed lodging businesses by encouraging an increased length of stay and appealing to target niche markets based on demographic and current travel data. An incidental benefit also improves the resident experience throughout the year. The TEP will provide funding for programs and initiatives in destination in accordance with VHB’s current strategic plan. VHB will work with the City Manager and designated city staff to identify and prioritize any key public-private programs and initiatives, as detailed in the Management Agreement with the City and VHB, to be funded and implemented following approval of the VHB budget by the VHB Board of Directors and approval of the City budget by City Council. The focus for the TEP will be on the entire destination brand footprint to ensure a consistent brand experience throughout Huntington Beach. TEP may include the following programs which are designed to drive increased overnight visitation and room sales to assessed lodging businesses: 855 • VISIT '!is' HUNTINGTON BEACH SURF C ITY USA HBTBID Management District Plan 18 March 27, 2024 •Support of a long-term ambassador program with trained staff that supplement the current level of police presence to improve the overall destination experience and encourage overnight visitation; •Welcome center, event-based visitor information booths, and visitor information kiosk improvements including current technology-driven visitor information enhancements; •Support of Signature Events that provide a proven positive economic impact and extend Surf City USA’s brand reach, including programs and events that lead up to the LA28 Olympic games; •Support of other community events and programs that uphold the authenticity of the Surf City USA experience and create a greater sense of community for residents; •Team Surf City USA Volunteer Program to help community members become experienced event volunteers; •Brand-centric visitor services training program for both public and private sector staff; •Support of a trolley or transportation program connecting hotels to downtown Huntington Beach, The Pier, or other attractions; and •Development of activities and/or products designed to keep visitors in the destination for an increased duration of time, including Historical Walking Tours, Scavenger Hunt, Barrel Trail, Surf City USA Snapshots, and other activities. Additional future TEP programs may include destination product development programs to provide support for public-private capital improvement projects in partnership with the City of Huntington Beach. If such a project is proposed, VHB will work collaboratively with the City Manager and Public Works. Such projects, which are all aimed to attract overnight visitors, may include: •Additional wayfinding signage system enhancements including gateways and parking signage; •Pedestrian improvements linking the beachfront hotels, Pacific City, Main Street, and 5th Street; •Art and cultural improvements, such as a public art trail; •Gateway enhancements including on Pacific Coast Highway, to attract overnight visitors; •Bicycle and surfboard storage improvements; •Enhancements to wetlands experiences which attract overnight visitors, such as the Bolsa Chica Ecological Reserve and the Huntington Beach Wetlands (between Newland Street and the Santa Ana River) that expose visitors to the value of the vital ecosystems; •Partnership with the City on mutually agreed upon projects that promote overnight visitor stays to Huntington Beach. Examples may include: Improvements to pier plaza, existing parks and sports facilities, Huntington Beach International Surfing Museum, the Surfing Walk of Fame, and creation of a new live music venue, and/or entertainment complex; •Destination product development research, master planning, and design of approved destination product development projects and; •Infrastructure improvements that enhance Huntington Beach’s competitive position to attract desirable special events year-round (e.g., improvements to beach restrooms, parking structures/lots, lighting, and summer beach restroom porter cleaning). Administration The administration and operations portion of the budget shall be utilized for administrative staffing costs, office costs, advocacy, and other general administrative costs such as insurance, legal, and accounting fees. 856 • VISIT '!is' HUNTINGTON BEACH SURF C ITY USA HBTBID Management District Plan 19 March 27, 2024 Contingency/Reserve The budget includes a contingency line item to account for uncollected assessments, if any. If there are contingency funds collected, they may be held in a reserve fund or utilized for other program, administration, or renewal costs at the discretion of the VHB Board. Policies relating to contributions to the reserve fund, the target amount of the reserve fund, and expenditure of monies from the reserve fund shall be set by the VHB Board. City Administration Fee The City of Huntington Beach shall retain a fee equal to one percent (1%) of the amount of assessment collected to cover its costs of collection and administration. B.Annual Budget The total nine (9) year and five (5) month improvement and service plan budget was projected at approximately $5,000,000 annually, or $47,083,333 cumulatively through 2028. Beginning on July 1, 2024, or as soon as possible thereafter, due to the modified assessment rate, the total HBTBID assessment budget for each subsequent full year of operation is projected to be approximately $10,000,000, or approximately $71,901,015 cumulatively through 2028. This amount may fluctuate as sales and revenue increase or decrease at assessed lodging businesses, but is not expected to change significantly over the term. C.California Constitutional Compliance The HBTBID assessment is not a property-based assessment subject to the requirements of Proposition 218. Courts have found Proposition 218 limited the term ‘assessments’ to levies on real property.1 Rather, the HBTBID assessment is a business-based assessment, and is subject to Proposition 26. Pursuant to Proposition 26 all levies are a tax unless they fit one of seven exceptions. Two of these exceptions apply to the HBTBID, a “specific benefit” and a “specific government service.” Both require that the costs of benefits or services do not exceed the reasonable costs to the City of conferring the benefits or providing the services. 1.Specific Benefit Proposition 26 requires that assessment funds be expended on, “a specific benefit conferred or privilege granted directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of conferring the benefit or granting the privilege.”2 The activities and improvements in this Plan are designed to provide targeted benefits directly to assessed lodging businesses, and are intended only to provide benefits and services directly to those businesses paying the assessment. These services are tailored not to serve the general public, businesses in general, or parcels of land, but rather to serve the specific lodging businesses within the HBTBID. The activities described in this Plan are specifically targeted to increase room night sales for assessed lodging businesses within the boundaries of the HBTBID, and are narrowly tailored. HBTBID funds will be used exclusively to provide the specific benefit of increased room night sales directly to the assessees. Assessment funds shall not be used to feature non-assessed lodging businesses in HBTBID programs, or to directly generate sales for non-assessed businesses. The activities paid for from assessment revenues are business services constituting and providing specific benefits to the assessed businesses. 1 Jarvis v. the City of San Diego 72 Cal App. 4th 230 2 Cal. Const. art XIII C § 1(e)(1) 857 • VISIT ~, HUNTINGTON BEACH SURF CITY USA' HBTBID Management District Plan 20 March 27, 2024 The assessment imposed by this HBTBID is for a specific benefit conferred directly to the payors that is not provided to those not charged. The specific benefit conferred directly to the payors is an increase in room night sales. The specific benefit of an increase in room night sales for assessed lodging businesses will be provided only to lodging business es paying the HBTBID assessment, with tourism enhancement programs promoting lodging businesses paying the HBTBID assessment. The tourism enhancement programs will be designed to increase room night sales at each assessed lodging businesses. Because they are necessary to provide the tourism enhancement programs that specifically benefit the assessed lodging businesses, the administration and contingency/reserve programs also provide the specific benefit of increased room night sales to the assessed lodging businesses. Although the HBTBID, in providing specific benefits to payors, may produce incidental benefits to non-paying businesses, the incidental benefit does not preclude the services from being considered a specific benefit. The legislature has found that, “A specific benefit is not excluded from classification as a ‘specific benefit’ merely because an indirect benefit to a nonpayor occurs incidentally and without cost to the payor as a consequence of providing the specific benefit to the payor.”3 2. Specific Government Service The assessment may also be utilized to provide, “a specific government service or product provided directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of providing the service or product.”4 The legislature has recognized that marketing and promotions services like those to be provided by the HBTBID are government services within the meaning of Proposition 265. Further, the legislature has determined that “a specific government service is not excluded from classification as a ‘specific government service’ merely because an indirect benefit to a nonpayor occurs incidentally and without cost to the payor as a consequence of providing the specific government service to the payor.”6 3. Reasonable Cost HBTBID services will be implemented carefully to ensure they do not exceed the reasonable cost of such services. The full amount assessed will be used to provide the services described herein. Funds will be managed by the VHB, and reports submitted on an annual basis to the City. Only assessed lodging businesses will be featured in marketing materials, receive sales leads generated from HBTBID-funded activities, be featured in lodging-specific advertising campaigns, and benefit from other HBTBID-funded programs. Non-assessed lodging businesses will not receive these, nor any other, HBTBID-funded services and benefits. The HBTBID-funded programs are all targeted directly at and feature only assessed businesses. It is, however, possible that there will be a spill over benefit to non-assessed businesses. If non-assessed lodging businesses receive incremental room nights, that portion of the promotion or program generating those room nights shall be paid with non-HBTBID funds. HBTBID funds shall only be spent to benefit the assessed businesses, and shall not be spent on that portion of any program which directly generates incidental room nights for non-assessed businesses. 3 Government Code § 53758(a) 4 Cal. Const. art XIII C § 1(e)(2) 5 Government Code § 53758(b) 6 Government Code § 53758(b) 858 • VISIT ~, HUNTINGTON BEACH SURF CITY USA' HBTBID Management District Plan 21 March 27, 2024 D.Assessment The initial annual assessment rate was four percent (4%) of gross short-term room rental revenue. This Plan has been modified to increase the assessment rate to six percent (6%) of gross short-term room rental revenue. The modified assessment rate is effective beginning on July 1, 2024, or as soon as possible thereafter, and shall remain in effect until the end of the HBTBID’s term. Based on the benefit received, assessments will not be collected on: stays of more than thirty (30) consecutive days; stays by any federal or State of California officer or employee when on official business; and stays by any officer or employee for a foreign government who is exempt by reason of express provision of federal law or international treaty. The term “gross room rental revenue” as used herein means: the consideration charged, whether or not received, for the occupancy of space in a lodging business valued in money, whether to be received in money, goods, labor or otherwise, including all receipts, cash, credits and property and services of any kind or nature, without any deduction therefrom whatsoever. Gross room rental revenue shall not include any federal, state or local taxes collected, including but not limited to transient occupancy taxes. The assessment is levied upon and a direct obligation of the assessed lodging business. However, the assessed lodging business may, at its discretion, pass the assessment on to transients. The amount of assessment, if passed on to each transient, shall be disclosed in advance and separately stated from the amount of rent charged and any other applicable taxes, and each transient shall receive a receipt for payment from the business. If the HBTBID assessment is identified separately it shall be disclosed as the “HBTBID Assessment.” As an alternative, the disclosure may include the amount of the HBTBID assessment and the amount of the assessment imposed pursuant to the California Tourism Marketing Act, Government Code §13995 et seq. and shall be disclosed as the “Tourism Assessment.” The assessment is imposed solely upon, and is the sole obligation of the assessed lodging business even if it is passed on to transients. The assessment shall not be considered revenue for any purpose, including calculation of transient occupancy taxes. Bonds shall not be issued. E.Penalties and Interest The HBTBID shall reimburse the City of Huntington Beach for any costs associated with collecting unpaid assessments. If sums in excess of the delinquent HBTBID assessment are sought to be recovered in the same collection action by the City, the HBTBID shall bear its pro rata share of such collection costs. Assessed businesses which are delinquent in paying the assessment shall be responsible for paying: 1.Original Delinquency: Any lodging business that fails to remit any assessment imposed within the time required shall pay a penalty of ten percent (10%) of the amount of the assessment in addition to the amount of the assessment. 2.Continued Delinquency: Any lodging business that fails to meet any delinquent remittance on or before a period of thirty (30) days following the date on which the remittance first became delinquent shall pay a second penalty of ten percent (10%) of the amount of the assessment in addition to the amount of the assessment and the ten percent (10%) penalty first imposed. 3.Fraud: If the City determines that the non-payment of any remittance due is due to fraud, a penalty of twenty-five percent (25%) of the amount of the assessment shall be added thereto in addition to the penalties stated in subparagraphs 1 and 2 of this subsection E. 4.Interest: In addition to the penalties imposed, any lodging business that fails to remit any assessment imposed shall pay interest at the rate of one-half of one percent (0.5%) per month, 859 • VISIT '!is' HUNTINGTON BEACH SURF C ITY USA HBTBID Management District Plan 22 March 27, 2024 or fraction thereof, on the amount of the assessment, exclusive of penalties, form the date on which the remittance first became delinquent until paid. 5. Penalties Merged with Assessment: Every penalty imposed and such interest as accrues shall become a part of the assessment herein required to be paid. 6. City not Responsible for Uncollected Amounts: The City shall not be responsible for uncollected amounts. F. Time and Manner for Collecting Assessments The HBTBID assessment will be implemented beginning February 1, 2019 and will continue for nine (9) years and five (5) months through June 30, 2028. The City will be responsible for collecting the assessment on a monthly or quarterly basis (including any delinquencies, penalties and interest) from each lodging business. The City shall take all reasonable efforts to collect the assessments from each lodging business. The City shall forward the assessments collected to VHB. VII. GOVERNANCE A. Owners’ Association The City Council, through adoption of this Management District Plan, has the right, pursuant to Streets and Highways Code §36651, to identify the body that shall implement the proposed program, which shall be the Owners’ Association of the HBTBID as defined in Streets and Highways Code 860 • VISIT '!is' HUNTINGTON BEACH SURF C ITY USA HBTBID Management District Plan 23 March 27, 2024 §36612. The City Council has determined that Visit Huntington Beach will continue to serve as the Owners’ Association for the HBTBID, upon execution of a renewed contract between the City and VHB. B. Brown Act and California Public Records Act Compliance An Owners’ Association is a private entity and may not be considered a public entity for any purpose, nor may its board members or staff be considered to be public officials for any purpose. The Owners’ Association is, however, subject to government regulations relating to transparency, namely the Ralph M. Brown Act and the California Public Records Act. These regulations are designed to promote public accountability. The Owners’ Association acts as a legislative body under the Ralph M. Brown Act (Government Code §54950 et seq.). Thus, meetings of the VHB board and certain committees must be held in compliance with the public notice and other requirements of the Brown Act. The Owners’ Association is also subject to the record keeping and disclosure requirements of the California Public Records Act. Accordingly, the Owners’ Association shall publicly report any action taken and the vote or abstention on that action of each member present for the action. C. Annual Report The VHB shall present an annual report at the end of each year of operation to the City Council pursuant to Streets and Highways Code §36650 (see Appendix 1). The annual report shall include: • Any proposed changes in the boundaries of the improvement district or in any benefit zones or classification of businesses within the district. • The improvements and activities to be provided for that fiscal year. • An estimate of the cost of providing the improvements and the activities for that fiscal year. • The method and basis of levying the assessment in sufficient detail to allow each business owner to estimate the amount of the assessment to be levied against his or her business for that fiscal year. • The estimated amount of any surplus or deficit revenues to be carried over from a previous fiscal year. • The estimated amount of any contributions to be made from sources other than assessments levied pursuant to this part. 861 • VISIT '!is' HUNTINGTON BEACH SURF C ITY USA HBTBID Management District Plan 24 March 27, 2024 APPENDIX 1 – LAW *** THIS DOCUMENT IS CURRENT THROUGH THE 2018 SUPPLEMENT *** (ALL 2017 LEGISLATION) STREETS AND HIGHWAYS CODE DIVISION 18. PARKING PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 CHAPTER 1. General Provisions ARTICLE 1. Declarations 36600. Citation of part This part shall be known and may be cited as the “Property and Business Improvement District Law of 1994.” 36601. Legislative findings and declarations; Legislative guidance The Legislature finds and declares all of the following: (a) Businesses located and operating within business districts in some of this state’s communities are economically disadvantaged, are underutilized, and are unable to attract customers due to inadequate facilities, services, and activities in the business districts. (b) It is in the public interest to promote the economic revitalization and physical maintenance of business districts in order to create jobs, attract new businesses, and prevent the erosion of the business districts. (c) It is of particular local benefit to allow business districts to fund business related improvements, maintenance, and activities through the levy of assessments upon the businesses or real property that receive benefits from those improvements. (d) Assessments levied for the purpose of conferring special benefit upon the real property or a specific benefit upon the businesses in a business district are not taxes for the general benefit of a city, even if property, businesses, or persons not assessed receive incidental or collateral effects that benefit them. (e) Property and business improvement districts formed throughout this state have conferred special benefits upon properties and businesses within their districts and have made those properties and businesses more useful by providing the following benefits: (1) Crime reduction. A study by the Rand Corporation has confirmed a 12-percent reduction in the incidence of robbery and an 8-percent reduction in the total incidence of violent crimes within the 30 districts studied. (2) Job creation. (3) Business attraction. (4) Business retention. (5) Economic growth. (6) New investments. (f) With the dissolution of redevelopment agencies throughout the state, property and business improvement districts have become even more important tools with which communities can combat blight, promote economic opportunities, and create a clean and safe environment. (g) Since the enactment of this act, the people of California have adopted Proposition 218, which added Article XIII D to the Constitution in order to place certain requirements and restrictions on the formation of, and activities, expenditures, and assessments by property-based districts. Article XIII D of the Constitution provides that property-based districts may only levy assessments for special benefits. (h) The act amending this section is intended to provide the Legislature’s guidance with regard to this act, its interaction with the provisions of Article XIII D of the Constitution, and the determination of special benefits in property-based districts. (1) The lack of legislative guidance has resulted in uncertainty and inconsistent application of this act, which discourages the use of assessments to fund needed improvements, maintenance, and activities in property-based districts, contributing to blight and other underutilization of property. (2) Activities undertaken for the purpose of conferring special benefits upon property to be assessed inherently produce incidental or collateral effects that benefit property or persons not assessed. Therefore, for special benefits to exist as a separate and distinct category from general benefits, the 862 • VISIT ~, HUNTINGTON BEACH SURF CITY USA' HBTBID Management District Plan 25 March 27, 2024 incidental or collateral effects of those special benefits are inherently part of those special benefits. The mere fact that special benefits produce incidental or collateral effects that benefit property or persons not assessed does not convert any portion of those special benefits or their incidental or collateral effects into general benefits. (3) It is of the utmost importance that property-based districts created under this act have clarity regarding restrictions on assessments they may levy and the proper determination of special benefits. Legislative clarity with regard to this act will provide districts with clear instructions and courts with legislative intent regarding restrictions on property-based assessments, and the manner in which special benefits should be determined. 36602. Purpose of part The purpose of this part is to supplement previously enacted provisions of law that authorize cities to levy assessments within property and business improvement districts, to ensure that those assessments conform to all constitutional requirements and are determined and assessed in accordance with the guidance set forth in this act. This part does not affect or limit any other provisions of law authorizing or providing for the furnishing of improvements or activities or the raising of revenue for these purposes. 36603. Preemption of authority or charter city to adopt ordinances levying assessments Nothing in this part is intended to preempt the authority of a charter city to adopt ordinances providing for a different method of levying assessments for similar or additional purposes from those set forth in this part. A property and business improvement district created pursuant to this part is expressly exempt from the provisions of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 (Division 4 (commencing with Section 2800)). 36603.5. Part prevails over conflicting provisions Any provision of this part that conflicts with any other provision of law shall prevail over the other provision of law, as to districts created under this part. 36604. Severability This part is intended to be construed liberally and, if any provision is held invalid, the remaining provisions shall remain in full force and effect. Assessments levied under this part are not special taxes. ARTICLE 2. Definitions 36606. “Activities” “Activities” means, but is not limited to, all of the following that benefit businesses or real property in the district: (a) Promotion of public events. (b) Furnishing of music in any public place. (c) Promotion of tourism within the district. (d) Marketing and economic development, including retail retention and recruitment. (e) Providing security, sanitation, graffiti removal, street and sidewalk cleaning, and other municipal services supplemental to those normally provided by the municipality. (f) Other services provided for the purpose of conferring special benefit upon assessed real property or specific benefits upon assessed businesses located in the district. 36606.5. “Assessment” “Assessment” means a levy for the purpose of acquiring, constructing, installing, or maintaining improvements and providing activities that will provide certain benefits to properties or businesses located within a property and business improvement district. 36607. “Business” 863 • VISIT ~, HUNTINGTON BEACH SURF CITY USA' HBTBID Management District Plan 26 March 27, 2024 “Business” means all types of businesses and includes financial institutions and professions. 36608. “City” “City” means a city, county, city and county, or an agency or entity created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code, the public member agencies of which includes only cities, counties, or a city and county, or the State of California. 36609. “City council” “City council” means the city council of a city or the board of supervisors of a county, or the agency, commission, or board created pursuant to a joint powers agreement and which is a city within the meaning of this part. 36609.4. “Clerk” “Clerk” means the clerk of the legislative body. 36609.5. “General benefit” “General benefit” means, for purposes of a property-based district, any benefit that is not a “special benefit” as defined in Section 36615.5. 36610. “Improvement” “Improvement” means the acquisition, construction, installation, or maintenance of any tangible property with an estimated useful life of five years or more including, but not limited to, the following: (a)Parking facilities. (b)Benches, booths, kiosks, display cases, pedestrian shelters and signs. (c)Trash receptacles and public restrooms. (d)Lighting and heating facilities. (e)Decorations. (f)Parks. (g)Fountains. (h)Planting areas. (i)Closing, opening, widening, or narrowing of existing streets. (j)Facilities or equipment, or both, to enhance security of persons and property within the district. (k)Ramps, sidewalks, plazas, and pedestrian malls. (l)Rehabilitation or removal of existing structures. 36611. “Management district plan”; “Plan” “Management district plan” or “plan” means a proposal as defined in Section 36622. 36612. “Owners’ association” “Owners’ association” means a private nonprofit entity that is under contract with a city to administer or implement improvements, maintenance, and activities specified in the management district plan. An owners’ association may be an existing nonprofit entity or a newly formed nonprofit entity. An owners’ association is a private entity and may not be considered a public entity for any purpose, nor may its board members or staff be considered to be public officials for any purpose. Notwithstanding this section, an owners’ association shall comply with the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code), at all times when matters within the subject matter of the district are heard, discussed, or deliberated, and with the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Titl e 1 of the Government Code), for all records relating to activities of the district. 36614. “Property” “Property” means real property situated within a district. 864 • VISIT ~, HUNTINGTON BEACH SURF CITY USA' HBTBID Management District Plan 27 March 27, 2024 36614.5. “Property and business improvement district”; “District” “Property and business improvement district,” or “district,” means a property and business improvement district established pursuant to this part. 36614.6. “Property-based assessment” “Property-based assessment” means any assessment made pursuant to this part upon real property. 36614.7. “Property-based district” “Property-based district” means any district in which a city levies a property -based assessment. 36615. “Property owner”; “Business owner”; “Owner” “Property owner” means any person shown as the owner of land on the last equalized assessment roll or otherwise known to be the owner of land by the city council. “Business owner” means any person recognized by the city as the owner of the business. “Owner” means either a business owner or a property owner. The city council has no obligation to obtain other information as to the ownership of land or businesses, and its determination of ownership shall be final and conclusive for the purposes of this part. Wherever this part requires the signature of the property owner, the signature of the authorized agent of the property owner shall be sufficient. Wherever this part requires the signature of the business owner, the signature of the authorized agent of the business owner shall be sufficient. 36615.5. “Special benefit” “Special benefit” means, for purposes of a property-based district, a particular and distinct benefit over and above general benefits conferred on real property located in a district or to the public at large. Special benefit includes incidental or collateral effects that arise from the improvements, maintenance, or activities of property -based districts even if those incidental or collateral effects benefit property or persons not assessed. Special benefit excludes general enhancement of property value. 36616. “Tenant” “Tenant” means an occupant pursuant to a lease of commercial space or a dwelling unit, other than an owner. ARTICLE 3. Prior Law 36617. Alternate method of financing certain improvements and activities; Effect on other provisions This part provides an alternative method of financing certain improvements and activities. The provisions of this part shall not affect or limit any other provisions of law authorizing or providing for the furnishing of improvements or activities or the raising of revenue for these purposes. Every improvement area established pursuant to the Parking and Business Improvement Area Law of 1989 (Part 6 (commencing with Section 36500) of this division) is valid and effective and is unaffected by this part. CHAPTER 2. Establishment 36620. Establishment of property and business improvement district A property and business improvement district may be established as provided in this chapter. 36620.5. Requirement of consent of city council A county may not form a district within the territorial jurisdiction of a city without the consent of the city council of that city. A city may not form a district within the unincorporated territory of a county without the consent of the board 865 • VISIT ~, HUNTINGTON BEACH SURF CITY USA' HBTBID Management District Plan 28 March 27, 2024 of supervisors of that county. A city may not form a district within the territorial jurisdiction of another city without the consent of the city council of the other city. 36621. Initiation of proceedings; Petition of property or business owners in proposed district (a) Upon the submission of a written petition, signed by the property or business owners in the proposed district who will pay more than 50 percent of the assessments proposed to be levied, the city council may initiate proceedings to form a district by the adoption of a resolution expressing its intention to form a district. The amount of assessment attributable to property or a business owned by the same property or business owner that is in excess of 40 percent of the amount of all assessments proposed t o be levied, shall not be included in determining whether the petition is signed by property or business owners who will pay more than 50 percent of the total amount of assessments proposed to be levied. (b) The petition of property or business owners required under subdivision (a) shall include a summary of the management district plan. That summary shall include all of the following: (1) A map showing the boundaries of the district. (2) Information specifying where the complete management district plan can be obtained. (3) Information specifying that the complete management district plan shall be furnished upon request. (c) The resolution of intention described in subdivision (a) shall contain all of the following: (1) A brief description of the proposed improvements, maintenance, and activities, the amount of the proposed assessment, a statement as to whether the assessment will be levied on property or businesses within the district, a statement as to whether bonds will be issued, and a description of the exterior boundaries of the proposed district, which may be made by reference to any plan or map that is on file with the clerk. The descriptions and statements do not need to be detailed and shall be sufficient if they enable an owner to generally identify the nature and extent of the improvements, maintenance, and activities, and the location and extent of the proposed district. (2) A time and place for a public hearing on the establishment of the property and business improvement district and the levy of assessments, which shall be consistent with the requirements of Section 36623. 36622. Contents of management district plan The management district plan shall include, but is not limited to, all of the following: (a) If the assessment will be levied on property, a map of the district in sufficient detail to locate each parcel of property and, if businesses are to be assessed, each business within the district. If the assessment will be levied on businesses, a map that identifies the district boundaries in sufficient detail to allow a business owner to reasonably determine whether a business is located within the district boundaries. If the assessment will be levied on property and businesses, a map of the district in sufficient detail to locate each parcel of property and to allow a business owner to reasonably determine whether a business is located within the district boundaries. (b) The name of the proposed district. (c) A description of the boundaries of the district, including the boundaries of benefit zones, proposed for establishment or extension in a manner sufficient to identify the affected property and businesses included, which may be made by reference to any plan or map that is on file with the clerk. The bound aries of a proposed property assessment district shall not overlap with the boundaries of another existing property assessment district created pursuant to this part. This part does not prohibit the boundaries of a district created pursuant to this part to overlap with other assessment districts established pursuant to other provisions of law, including, but not limited to, the Parking and Business Improvement Area Law of 1989 (Part 6 (commencing with Section 36500)). This part does not prohibit the boundar ies of a business assessment district created pursuant to this part to overlap with another business assessment district created pursuant to this part. This part does not prohibit the boundaries of a business assessment district created pursuant to this pa rt to overlap with a property assessment district created pursuant to this part. (d) The improvements, maintenance, and activities proposed for each year of operation of the district and the maximum cost thereof. If the improvements, maintenance, and activities proposed for each year of operation are the same, a description of the first year’s proposed improvements, maintenance, and activities and a statement that the same improvements, maintenance, and activities are proposed for subsequent years shall satisfy the requirements of this subdivision. 866 • VISIT ~, HUNTINGTON BEACH SURF CITY USA' HBTBID Management District Plan 29 March 27, 2024 (e) The total annual amount proposed to be expended for improvements, maintenance, or activities, and debt service in each year of operation of the district. If the assessment is levied on businesses, this amount may be estimated based upon the assessment rate. If the total annual amount proposed to be expended in each year of operation of the district is not significantly different, the amount proposed to be expended in the initial year and a statement that a similar amount applies to subsequent years shall satisfy the requirements of this subdivision. (f) The proposed source or sources of financing, including the proposed method and basis of levying the assessment in sufficient detail to allow each property or business owner to calculate the amount of the assessment to be levied against his or her property or business. The plan also shall state whether bonds will be issued to finance improvements. (g) The time and manner of collecting the assessments. (h) The specific number of years in which assessments will be levied. In a new district, the maximum number of years shall be five. Upon renewal, a district shall have a term not to exceed 10 years. Notwithstanding these limitations, a district created pursuant to this part to finance capital improvements with bonds may levy assessments until the maximum maturity of the bonds. The management district plan may set forth specific increases in assessments for each year of operation of the district. (i) The proposed time for implementation and completion of the management district plan. (j) Any proposed rules and regulations to be applicable to the district. (k) (1) A list of the properties or businesses to be assessed, including the assessor’s parcel numbers for properties to be assessed, and a statement of the method or methods by which the expenses of a district will be imposed upon benefited real property or businesses, in proportion to the benefit received by the property or business, to defray the cost thereof. (2) In a property-based district, the proportionate special benefit derived by each identified parcel shall be determined exclusively in relationship to the entirety of the capital cost of a public improvement, the maintenance and operation expenses of a public improvement, or the cost of the activities. An assessment shall not be imposed on any parcel that exceeds the reasonable cost of the proportional special benefit conferred on that parcel. Only special benefits are assessable, and a property-based district shall separate the general benefits, if any, from the special benefits conferred on a parcel. Parcels within a property-based district that are owned or used by any city, public agency, the State of California, or the United States shall not be exemp t from assessment unless the governmental entity can demonstrate by clear and convincing evidence that those publicly owned parcels in fact receive no special benefit. The value of any incidental, secondary, or collateral effects that arise from the improvements, maintenance, or activities of a property-based district and that benefit property or persons not assessed shall not be deducted from the entirety of the cost of any special benefit or affect the proportionate special benefit derived by each identif ied parcel. (l) In a property-based district, the total amount of all special benefits to be conferred upon the properties located within the property-based district. (m) In a property-based district, the total amount of general benefits, if any. (n) In a property-based district, a detailed engineer’s report prepared by a registered professional engineer certified by the State of California supporting all assessments contemplated by the management district plan. (o) Any other item or matter required to be incorporated therein by the city council. 36623. Procedure to levy assessment (a) If a city council proposes to levy a new or increased property assessment, the notice and protest and hearing procedure shall comply with Section 53753 of the Government Code. (b) If a city council proposes to levy a new or increased business assessment, the notice and protest and hearing procedure shall comply with Section 54954.6 of the Government Code, except that notice shall be mailed to the owners of the businesses proposed to be assessed. A protest may be made orally or in writing by any interested person. Every written protest shall be filed with the clerk at or before the time fixed for the public hearing. The city council may waive any irregularity in the form or conten t of any written protest. A written protest may be withdrawn in writing at any time before the conclusion of the public hearing. Each written protest shall contain a description of the business in which the person subscribing the protest is interested sufficient to identify the business and, if a person subscribing is not shown on the official records of the city as the owner of the business, the protest shall contain or be accompanied by written evidence that the person subscribing is the owner of the business or the authorized representative. A written protest that does not comply with this section shall not be counted in determining a majority protest. If written protests are received from the owners or authorized representatives of businesses in the prop osed district that will pay 867 • VISIT ~, HUNTINGTON BEACH SURF CITY USA' HBTBID Management District Plan 30 March 27, 2024 50 percent or more of the assessments proposed to be levied and protests are not withdrawn so as to reduce the protests to less than 50 percent, no further proceedings to levy the proposed assessment against such businesses, as contained in the resolution of intention, shall be taken for a period of one year from the date of the finding of a majority protest by the city council. (c)If a city council proposes to conduct a single proceeding to levy both a new or increased property assessment and a new or increased business assessment, the notice and protest and hearing procedure for the property assessment shall comply with subdivision (a), and the notice and protest and hearing procedure for the business assessment shall comply with subdivision (b). If a majority protest is received from either the property or business owners, that respective portion of the assessment shall not be levied. The remaining portion of the assessment may be levied unless the improvement or other special benefit was proposed to be funded by assessing both property and business owners. 36624. Changes to proposed assessments At the conclusion of the public hearing to establish the district, the city council may adopt, revise, change, reduce, or modify the proposed assessment or the type or types of improvements, maintenance, and activities to be funded with the revenues from the assessments. Proposed assessments may only be revised by reducing any or all of them. At the public hearing, the city council may only make changes in, to, or from the boundaries of the proposed property and business improvement district that will exclude territory that will not benefit from the proposed improvements, maintenance, and activities. Any modifications, revisions, reductions, or changes to the proposed assessment district shall be reflected in the notice and map recorded pursuant to Section 3 6627. 36625. Resolution of formation (a)If the city council, following the public hearing, decides to establish a proposed property and business improvement district, the city council shall adopt a resolution of formation that shall include, but is not limited to, all of the following: (1)A brief description of the proposed improvements, maintenance, and activities, the amount of the proposed assessment, a statement as to whether the assessment will be levied on property, businesses, or both within the district, a statement on whether bonds will be issued, and a description of the exterior boundaries of the proposed district, which may be made by reference to any plan or map that is on file with the clerk. The descriptions and statements need not be detailed and shall be sufficient if they enable an owner to generally identify the nature and extent of the improvements, maintenance, and activities and the location and extent of the proposed district. (2)The number, date of adoption, and title of the resolution of intention. (3)The time and place where the public hearing was held concerning the establishment of the district. (4)A determination regarding any protests received. The city shall not establish the district or levy assessments if a majority protest was received. (5)A statement that the properties, businesses, or properties and businesses in the district established by the resolution shall be subject to any amendments to this part. (6)A statement that the improvements, maintenance, and activities to be conferred on businesses and properties in the district will be funded by the levy of the assessments. The revenue from the levy of assessments within a district shall not be used to provide improvements, maintenance, or activities outside the district or for any purpose other than the purposes specified in the resolution of intention, as modified by the city council at the hearing concerning establishment of the district. Notwithstanding the foregoing, improvements and activities that must be provided outside the district boundaries to create a special or specific benefit to the assessed parcels or businesses may be provided, but shall be limited to marketing or signage pointing to the district. (7)A finding that the property or businesses within the area of the property and business improvement district will be benefited by the improvements, maintenance, and activities funded by the proposed assessments, and, for a property-based district, that property within the district will receive a special benefit. (8)In a property-based district, the total amount of all special benefits to be conferred on the properties within the property-based district. (b)The adoption of the resolution of formation and, if required, recordation of the notice and map pursuant to Section 36627 shall constitute the levy of an assessment in each of the fiscal years referred to in the management district plan. 868 • VISIT ~, HUNTINGTON BEACH SURF CITY USA' HBTBID Management District Plan 31 March 27, 2024 36626. Resolution establishing district If the city council, following the public hearing, desires to establish the proposed property and business improvement district, and the city council has not made changes pursuant to Section 36624, or has made changes that do not substantially change the proposed assessment, the city council shall adopt a resolution establishing the district. The resolution shall contain all of the information specified in Section 36625. 36627. Notice and assessment diagram Following adoption of the resolution establishing district assessments on properties pursuant to Section 36625 or Section 36626, the clerk shall record a notice and an assessment diagram pursuant to Section 3114. No other provision of Division 4.5 (commencing with Section 3100) applies to an assessment district created pursuant to this part. 36628. Establishment of separate benefit zones within district; Categories of businesses The city council may establish one or more separate benefit zones within the district based upon the degree of benefit derived from the improvements or activities to be provided within the benefit zone and may impose a different assessment within each benefit zone. If the assessment is to be levied on businesses, the city council may also define categories of businesses based upon the degree of benefit that each will derive from the improvements or activities to be provided within the district and may impose a different assessment or rate of assessment on each category of business, or on each category of business within each zone. 36628.5. Assessments on businesses or property owners The city council may levy assessments on businesses or on property owners, or a combination of the two, pursuant to this part. The city council shall structure the assessments in whatever manner it determines corresponds with the distribution of benefits from the proposed improvements, maintenance, and activities, provided that any property - based assessment conforms with the requirements set forth in paragraph (2) of subdivision (k) of Section 36622. 36629. Provisions and procedures applicable to benefit zones and business categories All provisions of this part applicable to the establishment, modification, or disestablishment of a property and business improvement district apply to the establishment, modification, or disestablishment of benefit zones or categories of business. The city council shall, to establish, modify, or disestablish a benefit zone or category of business, follow the procedure to establish, modify, or disestablish a property and business improvement district. 36630. Expiration of district; Creation of new district If a property and business improvement district expires due to the time limit set pursuant to subdivision (h) of Section 36622, a new management district plan may be created and the district may be renewed pursuant to this part. CHAPTER 3. Assessments 36631. Time and manner of collection of assessments; Delinquent payments The collection of the assessments levied pursuant to this part shall be made at the time and in the manner set forth by the city council in the resolution levying the assessment. Assessments levied on real property may be collected at the same time and in the same manner as for the ad valorem property tax, and may provide for the same lien priority and penalties for delinquent payment. All delinquent payments for assessments levied pursuant to this part may be charged interest and penalties. 36632. Assessments to be based on estimated benefit; Classification of real property and businesses; Exclusion of residential and agricultural property (a) The assessments levied on real property pursuant to this part shall be levied on the basis of the estimated benefit to the real property within the property and business improvement district. The city council may 869 • VISIT ~, HUNTINGTON BEACH SURF CITY USA' HBTBID Management District Plan 32 March 27, 2024 classify properties for purposes of determining the benefit to property of the improvements and activities provided pursuant to this part. (b)Assessments levied on businesses pursuant to this part shall be levied on the basis of the estimated benefit to the businesses within the property and business improvement district. The city council may classify businesses for purposes of determining the benefit to the businesses of the improvements and activities provided pursuant to this part. (c)Properties zoned solely for residential use, or that are zoned for agricultural use, are conclusively presumed not to benefit from the improvements and service funded through these assessments, and shall not be subject to any assessment pursuant to this part. 36633. Time for contesting validity of assessment The validity of an assessment levied under this part shall not be contested in any action or proceeding unless the action or proceeding is commenced within 30 days after the resolution levying the assessment is adopted pursuant to Section 36626. Any appeal from a final judgment in an action or proceeding shall be perfected within 30 days after the entry of judgment. 36634. Service contracts authorized to establish levels of city services The city council may execute baseline service contracts that would establish levels of city services that would continue after a property and business improvement district has been formed. 36635. Request to modify management district plan The owners’ association may, at any time, request that the city council modify the management district plan. Any modification of the management district plan shall be made pursuant to this chapter. 36636. Modification of plan by resolution after public hearing; Adoption of resolution of intention (a)Upon the written request of the owners’ association, the city council may modify the management district plan after conducting one public hearing on the proposed modifications. The city council may modify the improvements and activities to be funded wi th the revenue derived from the levy of the assessments by adopting a resolution determining to make the modifications after holding a public hearing on the proposed modifications. If the modification includes the levy of a new or increased assessment, the city council shall comply with Section 36623. Notice of all other public hearings pursuant to this section shall comply with both of the following: (1)The resolution of intention shall be published in a newspaper of general circulation in the city once at least seven days before the public hearing. (2)A complete copy of the resolution of intention shall be mailed by first class mail, at least 10 days before the public hearing, to each business owner or property owner affected by the proposed modification. (b)The city council shall adopt a resolution of intention which states the proposed modification prior to the public hearing required by this section. The public hearing shall be held not more than 90 days after the adoption of the resolution of intention. 36637. Reflection of modification in notices recorded and maps Any subsequent modification of the resolution shall be reflected in subsequent notices and maps recorded pursuant to Division 4.5 (commencing with Section 3100), in a manner consistent with the provisions of Section 36627. CHAPTER 3.5. Financing 36640. Bonds authorized; Procedure; Restriction on reduction or termination of assessments (a)The city council may, by resolution, determine and declare that bonds shall be issued to finance the estimated cost of some or all of the proposed improvements described in the resolution of formation adopted pursuant to Section 36625, if the resolution of formation adopted pursuant to that section provides for the issuance of bonds, under the Improvement Bond Act of 1915 (Division 10 (commencing with Section 8500)) 870 • VISIT ~, HUNTINGTON BEACH SURF CITY USA' HBTBID Management District Plan 33 March 27, 2024 or in conjunction with Marks-Roos Local Bond Pooling Act of 1985 (Article 4 (commencing with Section 6584) of Chapter 5 of Division 7 of Title 1 of the Government Code). Either act, as the case may be, shall govern the proceedings relating to the issuance of bonds, although proceedings under the Bond Act of 1915 may be modified by the city council as necessary to accommodate assessments levied upon business pursuant to this part. (b) The resolution adopted pursuant to subdivision (a) shall generally describe the proposed improvements specified in the resolution of formation adopted pursuant to Section 36625, set forth the estimated cost of those improvements, specify the number of annual installments and the fiscal years during which they are to be collected. The amount of debt service to retire the bonds shall not exceed the amount of revenue estimated to be raised from assessments over 30 years. (c) Notwithstanding any other provision of this part, assessments levied to pay the principal and interest on any bond issued pursuant to this section shall not be reduced or terminated if doing so would interfere with the timely retirement of the debt. CHAPTER 4. Governance 36650. Report by owners’ association; Approval or modification by city council (a) The owners’ association shall cause to be prepared a report for each fiscal year, except the first year, for which assessments are to be levied and collected to pay the costs of the improvements, maintenance, and activities described in the report. The owners’ association’s first report shall be due after the first year of operation of the district. The report may propose changes, including, but not limited to, the boundaries of the property and business improvement district or any benefit zones within the district, the basis and method of levying the assessments, and any changes in the classification of property, including any categories of business, if a classification is used. (b) The report shall be filed with the clerk and shall refer to the property and business improvement district by name, specify the fiscal year to which the report applies, and, with respect to that fiscal year, shall contain all of the following information: (1) Any proposed changes in the boundaries of the property and business improvement district or in any benefit zones or classification of property or businesses within the district. (2) The improvements, maintenance, and activities to be provided for that fiscal year. (3) An estimate of the cost of providing the improvements, maintenance, and activities for that fiscal year. (4) The method and basis of levying the assessment in sufficient detail to allow each real property or business owner, as appropriate, to estimate the amount of the assessment to be levied against his or her property or business for that fiscal year. (5) The estimated amount of any surplus or deficit revenues to be carried over from a previous fiscal year. (6) The estimated amount of any contributions to be made from sources other than assessments levied pursuant to this part. (c) The city council may approve the report as filed by the owners’ association or may modify any particular contained in the report and approve it as modified. Any modification shall be made pursuant to Sections 36635 and 36636. The city council shall not approve a change in the basis and method of levying assessments that would impair an authorized or executed contract to be paid from the revenues derived from the levy of assessments, including any commitment to pay principal and interest on any bonds issued on behalf of the district. 36651. Designation of owners’ association to provide improvements, maintenance, and activities The management district plan may, but is not required to, state that an owners’ association will provide the improvements, maintenance, and activities described in the management district plan. If the management district plan designates an owners’ association, the city shall contract with the designated nonprofit corporation to provide services. CHAPTER 5. Renewal 36660. Renewal of district; Transfer or refund of remaining revenues; District term limit 871 • VISIT ~, HUNTINGTON BEACH SURF CITY USA' HBTBID Management District Plan 34 March 27, 2024 (a) Any district previously established whose term has expired, or will expire, may be renewed by following the procedures for establishment as provided in this chapter. (b) Upon renewal, any remaining revenues derived from the levy of assessments, or any revenues derived from the sale of assets acquired with the revenues, shall be transferred to the renewed district. If the renewed district includes additional parcels or businesses not included in the prior district, the remaining revenues shall be spent to benefit only the parcels or businesses in the prior district. If the renewed district does not include parcels or businesses included in the prior district, the remaining revenues attributable to these parcels shall be refunded to the owners of these parcels or businesses. (c) Upon renewal, a district shall have a term not to exceed 10 years, or, if the district is authorized to issue bonds, until the maximum maturity of those bonds. There is no requirement that the boundaries, assessments, improvements, or activities of a renewed district be the same as the original or prior district. CHAPTER 6. Disestablishment 36670. Circumstances permitting disestablishment of district; Procedure (a) Any district established or extended pursuant to the provisions of this part, where there is no indebtedness, outstanding and unpaid, incurred to accomplish any of the purposes of the district, may be disestablished by resolution by the city council in either of the following circumstances: (1) If the city council finds there has been misappropriation of funds, malfeasance, or a violation of law in connection with the management of the district, it shall notice a hearing on disestablishment. (2) During the operation of the district, there shall be a 30-day period each year in which assessees may request disestablishment of the district. The first such period shall begin one year after the date of establishment of the district and shall continu e for 30 days. The next such 30-day period shall begin two years after the date of the establishment of the district. Each successive year of operation of the district shall have such a 30-day period. Upon the written petition of the owners or authorized representatives of real property or the owners or authorized representatives of businesses in the district who pay 50 percent or more of the assessments levied, the city council shall pass a resolution of intention to disestablish the district. The city council shall notice a hearing on disestablishment. (b) The city council shall adopt a resolution of intention to disestablish the district prior to the public hearing required by this section. The resolution shall state the reason for the disestablishment, shall state the time and place of the public hearing, and shall contain a proposal to dispose of any assets acquired with the revenues of the assessments levied within the property and business improvement district. The notice of the hearing on disestablishment required by this section shall be given by mail to the property owner of each parcel or to the owner of each business subject to assessment in the district, as appropriate. The city shall conduct the public hearing not less than 30 days after mailing the notice to the property or business owners. The public hearing shall be held not more than 60 days after the adoption of the resolution of intention. 36671. Refund of remaining revenues upon disestablishment or expiration without renewal of district; Calculation of refund; Use of outstanding revenue collected after disestablishment of district (a) Upon the disestablishment or expiration without renewal of a district, any remaining revenues, after all outstanding debts are paid, derived from the levy of assessments, or derived from the sale of assets acquired with the revenues, or from bond reserve or construction funds, shall be refunded to the owners of the property or businesses then located and operating within the district in which assessments were levied by applying the same method and basis that was used to calculate the assessments levied in the fiscal year in which the district is disestablished or expires. All outstanding assessment revenue collected after disestablishment shall be spent on improvements and activities specified in the management district plan. (b) If the disestablishment occurs before an assessment is levied for the fiscal year, the method and basis that was used to calculate the assessments levied in the immediate prior fiscal year shall be used to calculate the amount of any refund. 872 • VISIT ~, HUNTINGTON BEACH SURF CITY USA' HBTBID Management District Plan 35 March 27, 2024 APPENDIX 2 – ASSESSED BUSINESSES* Business Name / Identification Number Address, City, State, ZIP Hyatt Regency Huntington Beach Resort & Spa 21500 Pacific Coast Hwy, Huntington Beach, CA 92648 The Waterfront Beach Resort, a Hilton Hotel 21100 Pacific Coast Hwy, Huntington Beach, CA 92648 Pasea Hotel & Spa 21080 Pacific Coast Hwy, Huntington Beach, CA 92648 Kimpton Shorebreak Resort 500 Pacific Coast Hwy, Huntington Beach, CA 92648 The Hotel Huntington Beach 7667 Center Ave, Huntington Beach, CA 92647 SpringHill Suites by Marriott 7872 Edinger Ave, Huntington Beach, CA 92647 Comfort Inn & Suites Huntington Beach 16301 Beach Blvd, Huntington Beach, CA 92647 Extended Stay America 5050 Skylab Rd, Huntington Beach, CA 92647 Huntington Suites 7971 Yorktown Ave, Huntington Beach, CA 92648 Best Western Surf City 19360 Beach Blvd, Huntington Beach, CA 92648 Huntington Beach Inn 800 Pacific Coast Hwy, Huntington Beach, CA 92648 Travelodge Ocean Front 17205 Pacific Coast Hwy, Sunset Beach, CA 90742 Beach Inn Motel 18112 Beach Blvd, Huntington Beach, CA 92648 Starlight Inn 18382 Beach Blvd, Huntington Beach, CA 92648 777 Motor Inn 16240 Pacific Coast Hwy, Huntington Beach, CA 92649 Oceanview Motel 16196 Pacific Coast Hwy, Huntington Beach, CA 92649 Best Western Harbour Inn & Suites 16912 Pacific Coast Hwy, Sunset Beach, CA 90742 Ocean Surf Inn & Suites 16555 Pacific Coast Hwy, Sunset Beach, CA 90742 Surf City Inn 16220 Pacific Coast Hwy, Huntington Beach, CA 92649 Huntington Surf Inn 720 Pacific Coast Hwy, Huntington Beach, CA 92648 Hotel Europa 7561 Center Ave, Huntington Beach, CA 92647 STR-2021-0158 7771 Ellis Avenue Huntington Beach CA 92648 STR-2021-0174 529 Lake Street, Huntington Beach CA 92648 STR-2021-0060 9151 Adams Avenue Huntington Beach CA 92646 STR-2021-0165 4542 Prelude Drive Huntington Beach CA 92649 STR-2022-0016 5922 Donlyn Drive Huntington Beach CA 92649 STR-2022-0033 207 11th Street, Huntington Beach CA 92648 STR-2022-0028 8462 Modale Drive Huntington Beach CA 92646 STR-2021-0155 112 8th Street, Huntington Beach CA 92648 STR-2022-0036 16811 14th Street # 1 Sunset Beach CA 90742 STR-2022-0053 16511 23rd Street # 1 Sunset Beach CA 90742 STR-2021-0164 714 Oceanhill Drive Huntington Beach CA 92648 STR-2022-0035 912 Main Street, Huntington Beach CA 92648 STR-2022-0032 17162 Elm Lane, Huntington Beach CA 92647 STR-2022-0039 16752 16th Street # 1 Sunset Beach CA 90742 STR-2021-0136 16571 S Pacific Avenue Sunset Beach CA 90742 STR-2021-0166 2300 Delaware Street # 1 Huntington Beach CA 92648 STR-2021-0152 231 1st Street # 7 Huntington Beach CA 92648 STr-2022-0051 16651 S Pacific Avenue # 1 Sunset Beach CA 90742 873 • VISIT ~, HUNTINGTON BEACH SURF CITY USA' HBTBID Management District Plan 36 March 27, 2024 Business Name / Identification Number Address, City, State, ZIP STR-2021-0091 16761 Bayview Drive Sunset Beach CA 90742 STR-2022-0056 17116 4th Street # 2 Sunset Beach CA 90742 STR-2022-0077 17029 S Pacific Avenue Sunset Beach CA 90742 STR-2022-0083 8101 Ellis Avenue Huntington Beach CA 92646 STR-2023-0049 20632 Goshawk Lane Huntington Beach CA 92646 STR-2022-0049 16917 Park Avenue # 2 Sunset Beach CA 90742 STR-2022-0073 8312 Snowbird Drive Huntington Beach CA 92646 STR-2022-0021 16385 S Pacific Avenue Sunset Beach CA 90742 STR-2022-0012 20731 Spindrift Lane Huntington Beach CA 92646 STR-2022-0086 18091 Newland Street Huntington Beach CA 92646 STR-2022-0087 212 6th Street, Huntington Beach CA 92648 STR-2022-0031 216 16th Street, Huntington Beach CA 92648 STR-2022-0075 726 14th Street, Huntington Beach CA 92648 STR-2022-0085 1106 Huntington Street Huntington Beach CA 92648 STR-2022-0095 115 Huntington Street Huntington Beach CA 92648 STR-2021-0169 17201 Sims Lane Huntington Beach CA 92649 STR-2021-0146 16772 Pacific Coast Highway Sunset Beach CA 90742 STR-2021-0133 610 Main Street, Huntington Beach CA 92648 STR-2022-0099 225 2nd Street, Huntington Beach CA 92648 STR-2022-0003 403 10th Street, Huntington Beach CA 92648 STR-2022-0105 9192 Paddock Circle Huntington Beach CA 92646 STR-2022-0100 19961 Estuary Lane Huntington Beach CA 92646 STR-2022-0107 301 16th Street, Huntington Beach CA 92648 STR-2022-0013 221 6th Street, Huntington Beach CA 92648 STR-2022-0081 609 Lake Street, Huntington Beach CA 92648 STR-2022-0106 16591 Lucia Lane Huntington Beach CA 92647 STR-2022-0109 16841 S Pacific Avenue Sunset Beach CA 90742 STR-2021-0040 4671 Los Patos Avenue Huntington Beach CA 92649 STR-2022-0102 17891 Caledonia Circle Huntington Beach CA 92647 STR-2023-0062 16421 S Pacific Avenue Sunset Beach CA 90742 STR-2023-0091 8331 Varas Circle Huntington Beach CA 92646 STR-2022-0117 6871 Oxford Drive Huntington Beach CA 92647 STR-2022-0122 520 9th Street, Huntington Beach CA 92648 STR-2022-0082 604 18th Street, Huntington Beach CA 92648 STR-2022-0126 1003 California Street # B Huntington Beach CA 92648 STR-2023-0092 16742 Bayview Drive Sunset Beach CA 90742 STR-2023-0106 16361 S Pacific Avenue Sunset Beach CA 90742 STR-2022-0004 306 14th Street, Huntington Beach CA 92648 STR-2023-0110 16778 Pacific Coast Highway # A Sunset Beach CA 90742 STR-2023-0109 8231 Munster Drive Huntington Beach CA 92646 STR-2023-0098 5231 Meadowlark Drive Huntington Beach CA 92649 STR-2022-0124 6822 Sylvia Drive Huntington Beach CA 92647 STR-2023-0118 16756 Pacific Coast Highway Sunset Beach CA 90742 874 • VISIT ~, HUNTINGTON BEACH SURF CITY USA' HBTBID Management District Plan 37 March 27, 2024 Business Name / Identification Number Address, City, State, ZIP STR-2021-0008 7561 Danube Drive Huntington Beach CA 92647 STR-2023-0116 16855 S Pacific Avenue # 1 Sunset Beach CA 90742 STR-2023-0043 8261 Munster Drive Huntington Beach CA 92646 STR-2022-0116 15311 Yorkshire Lane Huntington Beach CA 92647 STR-2023-0095 512 14th Street, Huntington Beach CA 92648 STR-2023-0102 603 21st Street, Huntington Beach CA 92648 STR-2022-0110 6062 Kelsey Circle Huntington Beach CA 92647 STR-2022-0127 214 Goldenwest Street Huntington Beach CA 92648 STR-2022-0071 17312 Lee Circle Huntington Beach CA 92647 STR-2021-0171 305 California Street # B Huntington Beach CA 92648 STR-2022-0118 15971 Wicklow Lane Huntington Beach CA 92647 STR-2022-0084 5381 Kenilworth Drive Huntington Beach CA 92649 STR-2023-0124 16575 S Pacific Avenue # 1 Sunset Beach CA 90742 STR-2022-0134 19132 Stingray Lane Huntington Beach CA 92646 STR-2022-0097 841 Frankfort Avenue Huntington Beach CA 92648 STR-2022-0144 17151 Granada Lane Huntington Beach CA 92647 STR-2021-0175 7651 Clay Avenue Huntington Beach CA 92648 STR-2023-0117 6045 Summerdale Drive Huntington Beach CA 92647 STR-2022-0108 210 7th Street, Huntington Beach CA 92648 STR-2023-0089 17020 Edgewater Lane Huntington Beach CA 92649 STR-2022-0094 16778 Bayview Drive # A Sunset Beach CA 90742 STR-2023-0134 9302 Candlewood Drive Huntington Beach CA 92646 STR-2022-0139 7562 Washington Drive Huntington Beach CA 92647 STR-2023-0142 411 14th Street # C Huntington Beach CA 92648 STR-2022-0140 17220 Courtney Lane Huntington Beach CA 92649 STR-2023-0127 16541 S Pacific Avenue Sunset Beach CA 90742 STR-2023-0147 218 19th Street # B Huntington Beach CA 92648 STR-2023-0151 307 7th Street # C Huntington Beach CA 92648 STR-2023-0150 221 Chicago Avenue Huntington Beach CA 92648 STR-2022-0119 4642 Minuet Drive Huntington Beach CA 92649 STR-2023-0133 20681 Chaucer Lane Huntington Beach CA 92646 STR-2022-0005 409 ½ 6th Street, Huntington Beach CA 92648 STR-2023-0160 1508 Olive Avenue # A Huntington Beach CA 92648 STR-2022-0067 221 2nd Street, Huntington Beach CA 92648 STR-2022-0152 5131 Dovewood Drive Huntington Beach CA 92649 STR-2023-0112 16391 S Pacific Avenue # 1 Sunset Beach CA 90742 STR-2021-0151 427 Lake Street, Huntington Beach CA 92648 STR-2022-0111 5601 Rogers Drive Huntington Beach CA 92649 STR-2022-0088 426 Goldenwest Street Huntington Beach CA 92648 STR-2022-0154 119 6th Street, Huntington Beach CA 92648 STR-2021-0112 14895 Sunnycrest Lane Huntington Beach CA 92647 STR-2022-0158 17312 Norcon Circle Huntington Beach CA 92649 STR-2023-0187 323 19th Street # 1 Huntington Beach CA 92648 875 • VISIT ~, HUNTINGTON BEACH SURF CITY USA' HBTBID Management District Plan 38 March 27, 2024 Business Name / Identification Number Address, City, State, ZIP STR-2023-0164 407 Alabama Street Huntington Beach CA 92648 STR-2023-0189 235 1st Street, Huntington Beach CA 92648 STR-2022-0163 1910 Alsuna Lane Huntington Beach CA 92648 STR-2023-0193 16962 9th St 1, Sunset Beach CA 90742 STR-2023-0211 17012 N Pacific Ave Sunset Beach CA 90742 STR-2023-0198 17016 7th St, Sunset Beach CA 90742 STR-2022-0165 8142 Sterling Drive Huntington Beach CA 92646 STR-2022-0164 19142 Stingray Lane Huntington Beach CA 92646 STR-2023-0196 1316 Alabama Street Huntington Beach CA 92648 STR-2022-0054 216 10th Street, Huntington Beach CA 92648 STR-2022-0159 222 Chicago Avenue # B Huntington Beach CA 92648 STr-2022-0150 9692 Durham Drive Huntington Beach CA 92646 STR-2022-0066 406 7th Street, Huntington Beach CA 92648 STR-2022-0175 632 Indianapolis Avenue Huntington Beach CA 92648 STR-2022-0168 16772 Broadway # 4 Huntington Beach CA 92649 STR-2022-0146 19821 Bushard Street Huntington Beach CA 92646 STR-2022-0169 1411 Delaware Street # 1 Huntington Beach CA 92648 STR-2022-0161 1915 Delaware Street Huntington Beach CA 92648 STR-2023-0008 228 Chicago Avenue # 1 Huntington Beach CA 92648 STR-2022-0170 16561 Tiber Lane Huntington Beach CA 92647 STR-2023-0011 3854 Humboldt Drive Huntington Beach CA 92649 STR-2022-0176 2015 California Street Huntington Beach CA 92648 STR-2022-0157 8841 Jarrett Circle Huntington Beach CA 92647 STR-2022-0166 14582 Aspen Circle Huntington Beach CA 92647 STR-2023-0010 1107 Lake Street Huntington Beach CA 92648 STR-2022-0113 16681 Landau Lane Huntington Beach CA 92647 STR-2022-0173 6421 Sligo Circle Huntington Beach CA 92647 STR-2023-0023 215 Huntington Street # A Huntington Beach CA 92648 STR-2023-0018 636 Indianapolis Avenue Huntington Beach CA 92648 STR-2022-0172 18276 Lisa Lane, Huntington Beach CA 92646 STR-2022-0155 5782 Spa Drive, Huntington Beach CA 92647 STR-2023-0014 7651 Rhone Lane Huntington Beach CA 92647 STR-2023-0046 113 6th Street, Huntington Beach CA 92648 STR-2023-0016 210 6th Street, Huntington Beach CA 92648 STR-2021-0123 447 Lake Street, Huntington Beach CA 92648 STR-2023-0026 946 11th Street, Huntington Beach CA 92648 STR-2021-0172 6421 Jasmine Drive Huntington Beach CA 92648 STR-2023-0060 215 Portland Avenue Huntington Beach CA 92648 STR-2023-0054 610 11th Street, Huntington Beach CA 92648 STR-2023-0058 222 18th Street # A Huntington Beach CA 92648 STR-2021-0103 16525 S Pacific Avenue Sunset Beach CA 90742 STR-2023-0039 743 13th Street, Huntington Beach CA 92648 STR-2023-0040 6661 Wrenfield Drive Huntington Beach CA 92647 876 • VISIT ~, HUNTINGTON BEACH SURF CITY USA' HBTBID Management District Plan 39 March 27, 2024 Business Name / Identification Number Address, City, State, ZIP STR-2023-0021 117 6th Street, Huntington Beach CA 92648 STR-2023-0047 8252 Michael Drive Huntington Beach CA 92647 STR-2023-0029 218 18th Street # B Huntington Beach CA 92648 STR-2023-0057 7882 Aldrich Drive # 102 Huntington Beach CA 92647 STR-2023-0041 21891 Seacrest Lane Huntington Beach CA 92646 STR-2023-0033 20441 Regal Circle Huntington Beach CA 92646 STR-2023-0036 213 17th Street # A Huntington Beach CA 92648 STR-2023-0078 14892 Quill Circle Huntington Beach CA 92647 STR-2023-0103 8371 Friesland Drive Huntington Beach CA 92647 STR-2023-0076 6921 Tucana Drive Huntington Beach CA 92647 STR-2023-0051 510 Alabama Street Huntington Beach CA 92648 STR-2023-0056 2102 Pacific Coast Highway Huntington Beach CA 92648 STR-2023-0034 8131 Terry Drive Huntington Beach CA 92647 STR-2022-0174 8192 Falmouth Drive Huntington Beach CA 92646 STR-2023-0075 16141 Malaga Lane # A Huntington Beach CA 92647 STR-2023-0108 404 11th Street, Huntington Beach CA 92648 STR-2023-0125 16605 S Pacific Avenue Sunset Beach CA 90742 STR-2023-0111 10051 Cutty Sark Drive Huntington Beach CA 92646 STR-2023-0055 16892 Baruna Lane Huntington Beach CA 92649 STR-2023-0144 16782 Heritage Lane Huntington Beach CA 92647 STR-2023-0061 601 7th Street, Huntington Beach CA 92648 STR-2022-0041 1020 Pacific Coast Highway # B Huntington Beach CA 92648 STR-2023-0020 414 8th Street, Huntington Beach CA 92648 STR-2023-0184 20282 Colonial Circle Huntington Beach CA 92646 STR-2023-0181 20662 Goshawk Lane Huntington Beach CA 92646 STR-2023-0196 1316 Alabama Street 1 Huntington Beach CA 92648 STR-2023-0188 19621 Occidental Lane Huntington Beach CA 92646 STR-2023-0094 9632 Peppertree Drive Huntington Beach CA 92646 STR-2023-0210 111 7th Street, Huntington Beach CA 92648 STR-2023-0218 201 Huntington Street 201 Huntington Beach CA 92648 STR-2023-0182 17052 Greentree Lane Huntington Beach CA 92649 STR-2023-0204 17622 Prescott Lane Huntington Beach CA 92647 STR-2023-0217 15432 Shasta Lane Huntington Beach CA 92647 STR-2023-0170 17082 5th Street 2 Sunset Beach CA 90742 STR-2023-0213 10401 Monitor Drive Huntington Beach CA 92646 STR-2023-0222 17165 S Pacific Avenue Sunset Beach CA 90742 STR-2023-0180 16612 Graham Place Huntington Beach CA 92649 STR-2024-0004 6701 Walton Drive Huntington Beach CA 92647 STR-2024-0008 21252 Banff Lane Huntington Beach CA 92646 STR-2023-0165 610 17th Street, Huntington Beach CA 92648 STR-2023-0202 17026 7th Street, Sunset Beach CA 90742 STR-2023-0136 16721 Phelps Lane Huntington Beach CA 92649 STR-2024-0003 119 9th Street, Huntington Beach CA 92648 877 • VISIT ~, HUNTINGTON BEACH SURF CITY USA' HBTBID Management District Plan 40 March 27, 2024 Business Name / Identification Number Address, City, State, ZIP STR-2023-0178 510 9th Street, Huntington Beach CA 92648 STR-2024-0014 17155 S Pacific Avenue Sunset Beach CA 90742 STR-2023-0149 16791 Bayview Drive Sunset Beach CA 90742 STR-2023-0066 9971 Kings Canyon Drive Huntington Beach CA 92646 STR-2023-0186 124 Main Street 303 Huntington Beach CA 92648 STR-2024-0015 8021 Mermaid Circle Huntington Beach CA 92646 STR-2024-0025 115 7th Street, Huntington Beach CA 92648 STR-2024-0032 516 Huntington Street Huntington Beach CA 92648 *As of March 2024 ** The list was developed with the most reliable information provided; however, the list may contain discrepancies. This list shall include any future to-be opened lodging businesses. Any lodging business that may have been missed in this list, but is still within the boundaries of the HBTBID, shall also be subject to assessment. 878 • VISIT ~, HUNTINGTON BEACH SURF CITY USA' INTRODUCTION TO VISIT HUNTINGTON BEACH (APRIL 2024) APRIL 2024 879 VHB is an effective destination leader representing the combined visitor industry and community partnership in the brand development, marketing and sales of the Surf City USA® experience. Visit Huntington Beach supports and advocates for the economic vitality and quality of life for our Huntington Beach community through inspirational destination marketing and brand management. Visit Huntington Beach (VHB) is the official Destination Management Organization (DMO) for Huntington Beach, California. A non-profit 501(c)(6) organization, VHB promotes tourism to Huntington Beach to increase overnight stays in Huntington Beach hotels. A welcoming, beach-infused community that inspires the stoke of optimism in every visitor and resident. APRIL 2024 880 ABOUT VISIT HUNTINGTON BEACH VISIT HUNTINGTON BEACH SURF CITY USA® VISIT HUNTINGTON BEACH Over 10 years ago, VHB voluntarily agreed to be subject to the California Brown Act, which allows the public to attend and participate in meetings. All regular Board of Directors and committee meeting agendas are noticed at least 72 hours prior to the meeting and all meetings are open to the public, with a public comment period available at the start of each meeting. All agendas and minutes are posted on SurfCityUSA.com. Monthly financial statements are presented at each VHB Board of Directors meeting. VHB also undergoes an annual financial audit using the same audit firm as the City of Huntington Beach. The final audit report and audited annual financial statements are presented at a Spring Board of Directors meeting and sent to City staff. •VHB is governed by a Board of Directors, which provides strategic direction for the organization and supervises VHB’s President & CEO. •VHB’s Board meets at least quarterly throughout the year. The Executive Committee meets monthly. All meetings are open to the public. •City Council appoints two liaisons each year who attend Board meetings and receive regular updates on VHB programs. Visit Huntington Beach is fully Accredited with Distinction by Destinations International (DI), indicating that the organization exceeded the minimum requirements for accreditation with over 100 mandatory and voluntary standards that span a variety of performance areas. With over 200 destination organizations around the world who have obtained DMAP recognition, fewer than 10% earn “Accreditation with Distinction”. Our organization embodies a community-focused spirit of service that is proactive and strategic. As part of this effort, we are pleased to provide information dedicated to transparency and accountability in our DMO operations and program of work. APRIL 2024 jjl VISIT HUNTINGTON BEACH: u ILi N ¥ N N VISIT HUNTINGTON BEACH The Huntington Beach Conference and Visitors Bureau (HBCVB) became incorporated as a 501(c)(6) private, not- for-profit mutual benefit corporation in the State of California. 1989 20232002 City Council approved the creation of a Hotel/Motel Business Improvement District (BID) and a self- assessment of 1% on hotel and motel overnight room stays. City Council approved a 5-year agreement to give the HBCVB 10% of the city’s Transient Occupancy Tax (TOT) collections in lieu of a fixed annual grant. For the first time, the HBCVB’s funding consisted of both Hotel/Motel BID assessments and TOT collections. 2006 2010 City Council approved a Hotel/Motel BID assessment increase of 1%, increasing the self-assessment to 2%. City Council approved the creation of a new Tourism Business Improvement District (TBID) with a self-assessment of 3% on hotel and motel overnight room stays. 2014 2018/2019 In 2019, the TBID was renewed,and the City Council simultaneously approved an assessment rate increase from three percent (3%) to four percent (4%) to mitigate the loss of TOT funding that the City had previously been providing. In April 2021, the City of Huntington Beach began collecting TOT and TBID assessments from Short Term Vacation Rentals (STVRs). 2021 VHB is preparing for a TBID modification, increasing the TBID assessment from 4% to 6% to remain competitive. jju VISIT HUNTINGTON BEACH FUNDING HISTORY *Total count subject to change VHB’s funding does not come from taxes paid by residents, such as local property taxes paid by home and business owners. Funding is derived through a Tourism Business Improvement District (TBID) self-assessment paid by Huntington Beach hotels who collect an assessment from overnight guests choosing to stay in one of Huntington Beach’s 21 hotels (2,368 total available rooms) or 218* short term vacation rentals (STVRs). Tourism Business Improvement District (TBID): Huntington Beach’s overnight hotel guests pay an additional 4% assessment for each occupied hotel room per night during their stay. The TBID assessment is not a tax, but a self-assessment, which the 21 local hoteliers and 218* STVRs place upon themselves for occupied rooms and is paid by overnight visitors. TBID assessment revenues provide a more dependable, long-term, sustainable revenue source to market Surf City USA® globally without any tax impact to local residents. Transient Occupancy Tax (TOT): Visit Huntington Beach receives no TOT funding. Huntington Beach hotels have contributed more than $200 million dollars in TOT for the City since 1996. APRIL 2024 883 ENTLY FUNDED? e Business Improvement District (BID)= 100% e Transient Occupancy Tax (TOT) = 0% e Other= <1% VISIT HUNTINGTON BEACH 4 884 . ', , . VISIT HUNTINGTON BEACH community that inspires the stoke of optimism in every visitor and resident. Drive Global Brand Awareness Enhance the Destination Experience Champion the Value of Tourism Prioritize Organizational Effectiveness and Culture representing the combined visitor industry and community partnership in the brand development, marketing and sales of the Surf City USA experience. Visit Huntington Beach supports and advocates for the economic vitality and quality of life for our Huntington Beach community through inspirational destination mar1ceting and brand management. VHB embodies a community-focused spirit of service that is proactive and strategic. Increase HB accommodation sales as measured by RevPAR by 3% YOY • Increase overall digital engagement by 20% • Increase media reach and Barcelona Principles score by 15% YOY with a focus on positive engagement • Increase group booked room nights by 6% YOY • Increase the length of stay 6.7% to 4 .025 nights by 2026 • Increase visitor spend throughout HB by 12% by 2026 • Achieve a 90% or greater customer sentiment score by 2026 • Establish a baseline Net Promoter Score and increase YOY through 2026 • Develop and establish customer sentiment survey in Year 1 • Improve YOY customer sentiment • Successful TB ID modification in Year 1 • Maintain 90% and above on internal culture survey in Year 2 • Ensure financial accountability as measured by a successful audit, achievement of zero-sum budget, and grow reserve year over year L experience is : • Inspirational Authentic Huntington Beach rises above its competitive set destinations, offering unique value to visitors seeking : Beach and Beyond Experience • Friendly Fun • Beachfront Hotels Downtown Experience • Accessibility • Issue RFP for creative agency of record • Leverage the World Cup and LA28 to expand global destination brand awareness • Secure year-round signature sporting and city-wide events • Efficiently leverage brand partnerships to increase Huntington Beach's global brand awareness • Enhance partnership with the City, Downtown BID and other entities to enhance the Beach & Beyond experience • Develop outreach and education to enhance customer service for all visitors, including international and accessible communities • Facilitate the creation of new bookable product • Improve connectivity throughout Huntington Beach • Utilize VHB Board to act as tourism ambassadors • Cultivate our advocacy relationship with the City • Articulate the quality-of-life enhancements tourism brings to Huntington Beach residents • Develop and implement partner and resident sentiment outreach and evaluation program • TBID modification approved • Develop stakeholder engagement plan (Board, City, DBID, Ambassadors and Chamber) • Improve and maintain overall processes based on culture survey results • Develop and deploy customer satisfaction survey A v1s1r HUNTINGTON BEACH SURF CITY USA GROUP SALES VISITOR & PARTNER SERVICES RESEARCH DIGITAL / WEBSITE SOCIAL MEDIA PUBLIC RELATIONS ADVERTISING TRAVEL TRADE FILM COMMISSION E-NEWSLETTERS SURF CITY USA BLOG TOURISM ENHANCEMENTSMARKETING MEETINGS / EVENTS CONVENTIONS BOOKINGS & RFP RESPONSES FOR HB COLLECTION ‘ONE STOP SHOP’ FOR MEETING PLANNERS SPORTS COMMISSION PARTNER EDUCATION SERIES EVENT INFO BOOTHS VISITOR INFO KIOSK PARTNER PORTAL CRM MAINTENANCE PARTNER LISTINGS PUBLICATION DISTRIBUTION EVENT CALENDAR AMBASSADOR PROGRAM WAYFINDING SIGNAGE WALKING TOURS COMMUNITY EVENT SPONSORSHIPS SUMMER BEACH RESTROOMS BIG BOARD ADVOCACY TASK FORCE COMMUNITY OUTREACH DOWNTOWN BID, HB CHAMBER, CITY OF HB ENGAGEMENT PARTICIPATION ON INDUSTRY/LOCAL BOARDS & COMMITTEES ADVOCACY 885 VISIT HUNTINGTON BEACH SURF CITY USA® APRIL 2024 VHB’s comprehensive sales & marketing initiatives are designed to drive a steady flow of leisure and group business throughout the year with a focus on the hotels’ “soft season” non-peak period (typically November – February). Throughout the entire run of it various programs, Visit Huntington Beach uses several data sources as well as a blend of over 50 Key Performance Indicators (KPIs) to monitor and determine the Return on Investment (ROI) performance of its Paid, Owned, Earned, and Shared channels. 886 ~ ~ REPUTATION Credibility DESTINATION PERFORMANCE KPls Trust Thought Leadership MARCOM Influencer Marketing Experiential Marketing Event Marketing PAID MEDIA Display Advertising Social Media Ads Boosted Content Fan Acquisition Lead Generation Sponsored Content Paid Publishing LEAD GENERATION Email Marketing Affiliate Marketing Inbound Marketing Contests/Quizzes/Pol ls Authority OWNED MEDIA Website E-Newsletters Visitor Guide ---Content Marketing Videos/Webinars Digital Display Customer Stories Employee Stories Visual Content Audio/Podcasts SEO/SEM Experience, Expertise, Authoritativeness and Trustworthiness Domain Authority ------------------- EARNED MEDIA Media Relations lnfluencer/Blogger Relations Social Monitoring Familiarization Tours Trade Show/Sales Missions Word-Of-Mouth Accolades ........................ ................ COMMUNITY .. ...... .... .. .... ...... ...... .... SHARED MEDIA ',, Occupancy Average Daily Rate RevPAR TBID (TOT) Collections Visitation Visitor Spend Jobs Research 1 I I I I I I I Visitor Center & Kiosk Community Building Engagement -Detractors -Loyalists -Advocates Brand Ambassadors Team Surf City USA ® User-Generated Content Advocacy ! l PARTNERSHIPS !.._ Community Service Co-Branding VISIT HUNTINGTON BEACH DAILY •Social Media Engagement •Website Performance •Sentiment Monitoring •Visitor Engagement WEEKLY •STR Report (Hotel Performance) •Travel Trade Updates •VHB Leisure Newsletter MONTHLY •Hotel TBID Collections •PR Media Coverage •SEO/SEM Performance •Social Media Performance •STR Report (Hotel Performance) •STVR Report (Short Term Vacation Rental Performance) •Travel Agent Training •VHB CEO Newsletter •VHB Financials •Group Sales Newsletter •VHB Partner Newsletter MONTHLY (cont.) •VHB Media Buy Campaign •Website Performance •Visitor Profile (Geolocation Data) QUARTERLY •Custom Industry Insight Report per Hotel •Expedia OC Coop Campaign •Group Sales •Hotel Directors of Sales & Marketing Meeting •STVR TBID Collections •Visit CA Coop Campaign •STVR TBID Collections •VHB Staff Check-Ins •Web & Digital Check-In MID-YEAR •All Hands Agency Meeting ANNUAL •VHB Annual Report (City submission) •VHB Annual Economic Impact Report o Visitor Intercept Survey (every 3 years) VHB monitors and/or reports on these KPIs in the following cycles. * VHB voluntarily agreed to be subject to the California Brown Act, which allows the public to attend and make public comments. All agendas and minutes are posted on SurfCityUSA.com OTHER •Campaign Wrap-Up Reports •Special Research Projects MONTHLY •VHB Executive Committee Meeting* QUARTERLY •VHB Board Meeting* MID-YEAR •VHB Mid-Year Recap Board Report * ANNUAL •HB Chamber State of the City Update •VHB Annual Recap Board Report* •VHB Fiscal Year Budget Board Presentation* •Annual Financial Audit Presentation* •HB Tourism Summit (every other year) MEETINGS WHERE VHB REPORTS ON RETURN ON INVESTMENT (ROI) TTN KEY PERFORMANCE INDICATOR (KPI) REPORTING CYCLES APRIL 2024 888 THANK YOU VISIT HUNTINGTON BEACH Receive Public Comment Pursuant to CA Government Code - GOV § 54954.6 Regarding the Modification of the Management District Plan for the HB Tourism Business Improvement District Public Meeting May 7, 2024 889 .-...::::-__ _ - --------------.-= ------ ~ Background •HB Tourism Business Improvement District (HBTBID) formed in 2014 pursuant to the CA Property and Business Improvement District Law of 1994 •HBTBID purpose is to market HB to increase overnight room sales •Funding derived from assessments collected from lodging businesses (paid by guests) operating within City boundaries •HBTBID was renewed in 2019 and runs through June 30, 2028 •Management District Plan (MDP) identifies funds and outlines programs 890 VISIT HUNTINGTON BEACH SURF CITY USA ® HBTBID •Comprised of approx. 21 hotels/motels and 200 Short Term Rentals (STRs) •Current assessment rate is 4% of gross short-term lodging revenue (separate from 10% Transient Occupancy Tax (TOT) collected by City) •Boundary includes all lodging businesses, existing and in the future, within the City •Total assessments approximately $7 million for FY 23-24 891 Seal Beach Garden Grove Westminster Fountain Valley Visit Huntington Beach (VHB) •Visit Huntington Beach (VHB), a non-profit 501(c)6 organization, serves as the HBTBID Owners’ Association •Consists of 17 staff and 22 board members •Responsible for implementing the MDP programs and submitting an annual report to City Council •Management Agreement between City and VHB outlines responsibilities of both parties related to HBTBID funding and programs •City collects assessments and then distributes funds to VHB 892 ' HUNTINGTON BEACH SURF CITY USA TOURISM BUSINESS IMPROVEMENT DISTRICT MANAGEMENT DISTRICT PLAN HBTBID Modification Request •2019 - City began retaining 100% of TOT revenues; Assessment rate increased 3% to 4% to mitigate TOT loss •HBTBID assessment is the only dedicated funding source to market Surf City USA •Competitive cities have dedicated more resources and are adding lodging properties/attractions making funding deficit gap greater each year •VHB is seeking to modify the MDP to increase assessment rate from 4% to 6% to remain competitive and ensure that tourism promotion funding is adequate VHB Comparative Set Location Amount Raised Assessment Rate TOT Rate Total Guest Charge Anaheim $17,500,000 2% room revenue 15%17% Mammoth Lakes $10,800,000 1% room revenue 13%14% Newport Beach $13,000,000 5% room revenue 10%15% Palm Springs $17,000,000 1% room revenue 14%15% San Diego $41,000,000 2% room revenue 10%12% San Luis Obispo $10,400,000 1% room revenue 10%11% Santa Barbara $10,700,000 2% room revenue 12%14% Huntington Beach $7,000,000 4% room revenue 10%14%893 OC Product Additions/Enhancements NEWPORT BEACH •Vea Newport Beach •Pendry hotel •RH Gallery & Rooftop Café ANAHEIM •JW Marriott Anaheim Resort •The Westin Anaheim Resort SOUTH COUNTY •Waldorf Astoria •Ritz Carlton •Dana Point Harbor OC VIBE •Hotel (500 Rooms) DISNEYLAND •Disneyland Hotel •Vacation Club Tower •Pixar Pier Hotel •Downtown Disney 894 Proposed Modified Budget Budget Category Existing Proposed Sales & Marketing 72%65% Tourism Enhancement Programs 10% Administration 19%19% Contingency/Reserve 8%5% City Admin Fee 1%1% Total Budget (Approximately) $7M $10M Sales & Marketing (65%) •SurfCityUSA.com website, media buys and seasonal marketing campaigns, public relations, social media, consumer advertising, the official Visitor Guide, maps, historical walking tours and the Surf City USA Barrel Trail, and destination meeting sales. Tourism Enhancement Programs (10%) •Elevate the visitor experience (improved wayfinding signage, temporary summer beach restrooms, a nighttime ambassador program, infrastructure improvements, improved accessibility, and more). 895 Proposed Modified Budget 896 2024 VHB PROPOSED MODIFIED BUDGET: Annual Assessment Budget $10,000,000 VHB's FY23-24 budget is approximately $7 million. With a 2% increase in TBID assessments, VHB forecasts its budget to be approximately $10M. This amount is reflected below. All proposed programs funded by TBID assessments must be approved by the VHB Board during the annual budget process and must adhere to state laws governing these assessment expenditures. Contingency/Reserve -~-- $500,000 (5%) Administration $1,900,000 (19%) Tourism Enhancement Programs $1,000,000 (10%) • Includes Destination Product Development (DPD} and Visitor Services Enhancements (VSE} Programs from 2019-2024 M DP ---~ Sales & Marketing $6,500,000 (65%) HBTBID Modification Schedule Resolution Of Intention April 16 (Adopted) •In response to VHB’s written request,City Council adopted Resolution No.2024- 13 which states the proposed modification and initiates MDP modification proceedings. Notice April/ May •Notice and Resolution mailed on April 19, 2024 (completed) •Newspaper publishing at least 7 days before public meeting Public Meeting May 7 •Public meeting to allow public comment •No Council action required Public Hearing & Resolution of Modification June 4 •Public hearing,not more than 90 days after the adoption of the ROI,on the proposed MDP modifications •City Council,following the public hearing,may decide to modify the HBTBID and adopt a Resolution of Modification 897 VHB TEPs Wayfinding Walkability & Connectivity Temporary Beach Restrooms Nighttime Ambassador Program Accessibility Bike Valet Beach Event Infrastructure Improved Surf Museum for LA28 City TEPs Downtown Parking Structure Upgrades Downtown Specific Plan Improvements Mobility Enhancements PCH & 6th Pedestrian Path All-Inclusive Playground Upgrades Bluff Top Park Lighting Enhanced Downtown Maintenance Restroom Upgrades •Management Agreement between City and VHB outlines responsibilities of both parties related to HBTBID funding and programs •If the MDP is modified, then the Management Agreement would be amended to define specific Tourism Enhancement Programs that both the City and VHB would fund during the remainder of HBTBID term. Management Agreement Amendment 898 Recommendation Receive and file public comment related to the proposed modification of the Management District Plan for the HB Tourism Business Improvement District per adopted Resolution No. 2024-13. 899 Questions? 900 April 25, 2024 To City of Huntington Beach STR Department: My name is Julie Nguyen STR-2023-0108, residing at 404 11th St. I protest against the HBTGBID new proprosal to increase from 4% to 6% of gross short-term roon rental. Thank you for taking my protest into consideration. Sincerely, Julie Nguyen 901 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:24-337 MEETING DATE:5/7/2024 Item Submitted by Council Member Kalmick - Sign Code Update (HBZSO Section 233) - Request Action A) Direct the City Manager to present a Zoning Text Amendment to strike Row 2 of Huntington Beach Zoning and Subdivision Ordinances Section 233.08 (O) - Temporary Signs, entitled “Non- Commercial signs in the public right-of-way”, by the July 16, 2024 City Council Meeting to ensure enough time to have the amended ordinance go into effect before the November 2024 election, as originally envisioned two years prior; and B) Direct the City Attorney’s Office to return to the City Council within 60 days with a legal memo on the Sign Code as was proffered in February of 2024. City of Huntington Beach Printed on 5/1/2024Page 1 of 1 powered by Legistar™902 City Council Meeting – Council Member Items Report To: City Council From: City Council Member Dan Kalmick Date: May 7, 2024 Subject: SIGN CODE UPDATE (HBZSO SECTION 233) – REQUEST ACTION 2000 Main Street, Huntington Beach, CA 92648 | www.huntingtonbeachca.gov On November 15, 2022, the City Council unanimously voted on the following:  “Direct the City Manager and City AƩorney's office to review our Sign Code (HBZSO SecƟon 233) for compliance with” two U.S. Supreme Court rulings, Reed v. Town  of Gilbert (decided in 2015, a month  aŌer the last Sign Code Update), and City of AusƟn v. Reagan NaƟonal AdverƟsing (decided in early 2022)  “and any other rulings not listed here and bring back any necessary Zoning Text Amendments to the Planning Commission and City Council in Q1 2023. AddiƟonally, direct staff to bring back by the end of 2023 an analysis of our noncommercial sign policy and make any recommendaƟons for modificaƟon”  (see AƩachments A and B).  ElecƟon season tends to produce the most complaints from our residents about non-commercial signs  placed in public rights-of-way. The Ɵming of the above-described items was intended to (1) have a  completed legal analysis of our current sign code in light of the Supreme Court rulings, (2) have staff ’s   analysis of other ciƟes’ sign codes and how they addressed signage within their public rights-of-way, and  (3) bring back all analyses to City Council for discussion, with sufficient Ɵme to implement any Council- approved changes before the March 2024 primary elecƟon.   Unfortunately, the tasks were not completed. I received an email from the City AƩorney on February 22,  2024, a year aŌer the task was supposed to be completed, staƟng that a legal memo was being  prepared. I have yet to receive that legal memo but have been informed that our sign code is “compliant   and consistent.”  AddiƟonally, on February 22, 2024, I received a memo dated January 30, 2024 (see AƩachment C) from  the Community Development Department regarding staff ’s  survey of other ciƟes and how their sign  codes address non-commercial signs in the public right-of-way. In the ten ciƟes that were surveyed,  HunƟngton Beach is an anomaly with regard to allowing non-commercial signs in the public right of way.   As previously directed by Council, I request that this staff analysis be discussed tonight, along with all  aƩachments referenced herein, for Council consideraƟon and public inspecƟon via this Council Member  Item.  The Sign Code was originally created to control visual blight in the community.  However, in the last two  elecƟon cycles, candidates have been puƫng up signs in publicly owned rights-of-way for elecƟons that  they are not standing in, exacerbaƟng the visual blight that residents complain about. Irvine, however,  regulates “to the event,” (e.g., elecƟon) “to which the sign relates”, and is one of only two other ciƟes in  903 .• CITY OF _ HUNTINGTON BEACH 2000 Main Street, Huntington Beach, CA 92648 | www.huntingtonbeachca.gov staff ’s  survey that allows signs in the public right-of-way (see AƩachment D). We  should not sacrifice our  public land and public rights-of-way to this visual blight.   Moreover, during elecƟon season, our Code Enforcement staff expends a non-trivial amount of effort,  cost, and energy dealing with non-commercial signs in the public right-of-way.  These are resources  beƩer spent in other areas such as addressing unpermiƩed building, issues related to homelessness, and  illegal short term vacaƟon rentals.  As such, I believe that we should prohibit non-commercial signs in our public rights-of-way going  forward.  This would eliminate the “rush” for wall space to post signs, resident complaints, and the waste  of code enforcement’s Ɵme chasing down calls about people puƫng their signs out too early.  I  recommend that we eliminate Row 2 of HBZSO SecƟon 233.08 (O) enƟtled “Non-Commercial signs in the  public rights-of-way (see excerpt of Row 2 below).”  ProhibiƟng non-commercial signs in the public right-of-way would also conform to our General Plan:   LU‐7 (B) - Use street trees, signage, landscaping, street furniture, public art, and other   aestheƟc elements to enhance the appearance and idenƟty of subareas, neighborhoods, corridors,  nodes, and public spaces  LU‐7 (C) – Minimize visual cluƩer along commercial corridors.  RECOMMENDED ACTION  a)Direct the City Manager to present a Zoning Text  Amendment to strike Row  2 of HunƟngton Beach Zoning and Subdivision Ordinances SecƟon 233.08 (O) – Temporary  Signs, enƟtled “Non-Commercial signs in the public right-of-way”, by the July 16, 2024 City Council MeeƟng to ensure enough Ɵme to have the amended ordinance go into effect before the November 2024 elecƟon, as originally envisioned two years prior. b)Direct the City AƩorney’s Office to return to the City Council within 60 days with a legal memo on the Sign Code as was proffered in February of 2024. Attachment A - Minutes Attachment B - H-Item Attachment C - Memo Attachment D - Irvine Sign Code 904 MAX. SITE CRITERIA TYPE NUMBER Non-commerc ial signs F/S or W all N/A in public r ights -of-way MAX. SIGN MAX. SIGN AREA N/A HEIGHT N/A OTHER STANDARDS 1. Cannot cr ea te traffic o r safety haza r ds. 2. No n-comme rc ial signs in pu blic r ights-of- way may be posted no sooner than 50 days befor e an Elect ion Day and must be taken down no late r t han 10 days fo llowing the Elect ion Day. Non-commerc ial signs i n p ub- lic r ights-of-way may be r emoved by anyo ne begin ning the Fr iday af te r Elec t ion Day. 905 City Council/PFA Regular Minutes November 15 , 2022 Page 17 of 18 Mayor Pro Tern Posey noted that he and Councilmember Peterson first brought up the topic of procurement processes back in 2015 and he is delighted to see this detailed presentation, especially Page 29, reporting on contracts . He reiterated that big ticket items need to be addressed to ensure transparency and public awareness, monthly or even quarterly, as a Consent Calendar item to receive and file . A motion was made by Posey, second Peterson to approve recommended bid thresholds , approval levels , and reporting to City Manager and City Council , and ; direct staff to incorporate recommended changes and prepare ordinances as part of Phase 2 of the Procurement Project for City Council approval. The motion carried by the following vote : AYES : NOES : Peterson , Bolton, Posey, Delgleize, Moser, and Kalmick None ABSENT: Carr C COUNCILMEMBER ITEMS 25. 22-934 Approved Item submitted by Councilmember Kalmick -Sign Code Update (HBZSO Section 233) Councilmember Kalmick introduced this item as an effort to ensure that the Huntington Beach Sign Code is enforceable and current. The second portion of this item is to determine why non-commercial signs are allowed in public right of way and ask staff to review best practices from other cities . A motion was made by Kalmi ck, second Posey to direct the City Manager and City Attorney's office to review our Sign Code (HBZSO Section 233) for compliance with these two Supreme Court rulings and any other rulings not listed here and bring back any necessary Zoning Text Amendments to the Planning Commission and City Coun cil in Q1 202 3. Additionally, direct staff to bring back by the end of the 2023 an analys is of our noncommercial sign policy and make any recomme nd ations for modification . The motion carried by the following vote : AYES : NOES : ABSENT: Peterson , Bolton, Posey, Delgleize, Moser, and Kalmick None Carr COUNCILMEMBER COMMENTS (Not Agendized) Councilmember Moser shared more details regarding Huntington Beach Veteran of the Year acknowledgement for Huntington Beach Veteran Wayne (Russ) Dohmann . She also shared more details regarding the first Community Cafe meeting, and encouraged residents to get involved and participate in future meetings. She closed her c omments by thanking Boy Scout Troop 1931 for inspiring her. I ADJOURNMENT -10:17 PM to a special meeting of the Huntington Beach City Council/Public Financing Authority scheduled for 4 :00 PM, Tuesday, November 29 , 202 2 in the Civic Center Council Chambers, 2000 Main Street, Huntington Beach , California . CITY OF HUNTINGTON BEACH CITY COUNCIL MEETING – COUNCIL MEMBER ITEMS REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: DAN KALMICK, CITY COUNCIL MEMBER DATE: NOVEMBER 15, 2022 SUBJECT: SIGN CODE UPDATE (HBZSO SECTION 233) The last comprehensive update to our City’s Sign Code was made on April 6th, 2015, approximately two months before the Supreme Court decision in Reed v. Gilbert, Arizona determined that content-based restrictions or restrictions that were applied differently depending on the message are prohibited. Since our Sign Code differentiates between commercial and non-commercial speech, which requires the City to ‘read’ the signs to differentiate between the two, I believe that we may need to review our sign code for compliance with this Supreme Court Case. More recently on April 21st, 2022, the Supreme Court ruled in the case of Austin, Texas v. Reagan National Advertising. This case involved off-premise and on-premise signs and ruled that they are inherently content neutral, rather than location based. To better regulate signage in the City, I believe the City Attorney’s Office should review and make recommendations regarding our Sign Code and this case as well. Making sure our Sign Code is enforceable as well as limiting any legal exposure is paramount. Finally, I believe it is prudent to review how the City treats noncommercial signage. Huntington Beach is one of the few cities in Orange County that allow noncommercial signs in the public right of way and our “if you can’t beat ‘em, join ‘em” decision to allow this should be reviewed. Visual blight is not something the City should support in its rights of way. Additionally, the way we enforce signage in a time, place, and manner on private property, namely walls and fences should be reviewed, heavily leaning towards protecting first amendment rights while balancing aesthetics and safety. RECOMMENDED ACTION Direct the City Manager and City Attorney’s office to review our Sign Code (HBZSO Section 233) for compliance with these two Supreme Court rulings and any other rulings not listed here and bring back any necessary Zoning Text Amendments to the Planning Commission and City Council in Q1 2023. Additionally, direct staff to bring back by the end of the 2023 an analysis of our noncommercial sign policy and make any recommendations for modification. 906 907 CITY OF HUNTINGTON BEACH Inter Office Communication Community Development Department TO: Eric Parra, Interim City Manager FROM: Jennifer Villasenor, Community Development Director&/ DATE: January 30 , 2024 (revised 4/30/24) SUBJECT: SIGN CODE SURVEY On November 15, 2022 the City Council (via H-item) directed the City Manager and City Attorney to review our Sign Code for compliance with recent Supreme Court rulings and provide an analysis of the City's noncommercial sign requirements contained in the Huntington Beach Zoning and Subdivision Ordinance (HBZSO). The City Attorney 's Office is in the process of completing a review of the Supreme Court rulings and will provide its findings in a separate memo. In addition, planning staff surveyed 10 cities in Orange County regarding noncommercial, real estate , and garage sale signs and a summary of the survey results is below. Survey Question Huntington Yes No Beach Noncommercial signs allowed in Yes, but not in 2 8 public rioht-of-wav? medians/dividers (Irvine , CM) Noncommercial signs display No sooner than 50 7 2 timeframe? days prior to (no provision election but no regarding being on provision regarding upcoming ballot) being on the upcoming ballot Noncommercial signs allowed in Yes 10 0 commercial or industrial? Real estate signs allowed in public Yes, but not in 0 10 right-of-way? medians/dividers ; cannot obstruct riqht-of-wav Garage sale signs allowed in public No 0 10 rioht-of-wav? (Survey included Newport Beach , Irvine , Orange, Anaheim, Seal Beach , Westminster, Costa Mesa , Santa Ana, Laguna Beach, and Garden Grove.) Based on the survey and review of other cities' codes, Huntington Beach noncommercial sign policies generally align with current practices of other surrounding Orange County cities. Regarding noncommercial signs in the public right-of-way, all surveyed cities either prohibit noncommercial signs within the public right-of-way or allow them with additional safety provisions. In addition to Huntington Beach, two other large cities allow 011224 RR Sign s .docx 908 noncommercial signs within the right-of-way. These cities follow best practices to ensure noncommercial signs do not pose traffic or safety hazards . Since Huntington Beach already has these provisions in place, staff does not recommend revisions to the sign code based on current best practices . However, the question of whether to allow noncommercial signs in public rights-of-way as a matter of community policy is entirely up to the City Council. Finally , although the City of Huntington Beach was the only city in the survey that permits real estate open house signs in the public right-of-way , the provisions of the HBZSO do not allow such signs to obstruct the sidewalk or right-of-way and are not permitted in medians , dividers , on street signs , or traffic control devices . Given that this code has been in place for many years, staff does not recommend amendments to the real estate sign provisions unless further directed by the City Council and outreach is done with the real estate community. JV:RR :kdc xc: Trav is Hopkins , A ssistant City Manager Catherine Jun , Deputy C ity Manager 011224 RR Signs.docx SIGN TYPE #107 TEMPORARY NON-COMMERCIAL SIGNS Sign location:In public right-of-way; or on private property with owner's consent. Not on City traffic signs, signals, or devices including directional signs, advisory signs, and regulation signs. Not attached to any object located in the public right-of-way. Outside of sight distance triangles and not obstructing regulatory signs, traffic signal controllers, or driver's view. Maximum of one substantially similar sign per intersection. Maximum sign size:3 square feet, if located within 150 feet of an intersection. 12 square feet, if not located within 150 feet of an intersection. Maximum sign height:3 feet above grade if located in public right-of-way within 150 feet of an intersection. 6 feet above grade, but not located within 150 feet of an intersection. 20 feet above grade for wall sign, if not located in public right-of-way. Sign illumination:None. Sign installation and removal: Signs related to a specific event (e.g., election) may be installed no earlier than 60 days prior to the event to which the sign relates and must be removed no later than 10 days after the event to which the sign relates. If a sign is not removed within the 10-day period, then the City may recover costs of sign removal from the person/organization to which the sign relates. In addition, if a sign is installed earlier than 60 days prior to the event to which the sign relates, then the City may recover costs of sign removal from the person/organization to which the sign relates. Permit required?No. (Ord. No. 16-06, § 3(Exh. A), 8-9-16, effective 1-1-17) § 7-3-3 CITY OF IRVINE ZONING CODE ZO7:66Supp. No. 1 909 if located within 150 feet of an intersection. 12SFmax. if not located within 150 feet of an intersection . City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:24-350 MEETING DATE:5/7/2024 Item Submitted by Council Members Bolton, Kalmick, and Moser - HB Public Library: Vote of the People to Privatize/Outsource (Charter Amendment) and Postpone/Terminate RFP Process Until After Vote Direct the City Manager, City Attorney and City Clerk to prepare resolutions, ordinances, and any other materials necessary to place two items for consideration on the November 5, 2024 General Election ballot and agendize for a vote at our June 4, 2024 City Council Meeting: 1) A Charter Amendment to require a majority vote of the City Council and a majority vote of the electors of Huntington Beach to approve any proposal that would change the wholesale management of the library, and/or any proposal to operate the library with a private contractor that would employ library staff to achieve cost savings; and, 2) An advisory vote of the electors of Huntington Beach on whether to hire a third-party contractor to operate the HBPL; a replacement of the current management structure, as proposed by the City Council at its March 19, 2024 meeting. Additionally, direct the City Manager to cease any further work on the Request for Proposals (RFP) as it relates to the action taken at the March 19, 2024 meeting. City of Huntington Beach Printed on 5/1/2024Page 1 of 1 powered by Legistar™910 City Council Meeting – Council Member Items Report To: City Council From: Rhonda Bolton, City Council Member Dan Kalmick, City Council Member Natalie Moser, City Council Member Date: May 7, 2024 Subject: HB PUBLIC LIBRARY: VOTE OF THE PEOPLE TO PRIVATIZE/OUTSOURCE (CHARTER AMENDMENT) AND POSTPONE/TERMINATE RFP PROCESS UNTIL AFTER VOTE 2000 Main Street, Huntington Beach, CA 92648 | www.huntingtonbeachca.gov ISSUE STATEMENT As City Councilmembers, we are elected to be stewards of the City, the People’s Treasury and its assets. We serve four, maybe eight years, but the City continues on without us. We receive the baton, do our best and then pass the baton to the next group of resident-leaders. We should take great care when contemplating actions that would leave an indelible mark on the City’s history. Over the last dozen months, we’ve documented more than a thousand pieces of correspondence from residents, and have had dozens, if not hundreds, of other conversations with concerned parents and library patrons about the future of our public library. We have very little actual information about what privatization or outsourcing library management would look like since Huntington Beach is unique in its current operation of its library system. We’re not leaving a county library system to stand up our own system like almost all libraries that have explored outsourcing. We don’t have a programmatically broken library with low circulation and low foot traffic. And with the discussion of outsourcing, which would mean loss or reduction of their pension and likely decreased wages, our award-winning library team members are already seeking jobs elsewhere or have resigned. Just the process of contemplating a change is directly and negatively affecting our library. Because privatization/outsourcing represents a monumental change to a City institution that has existed for more than a century before the current City Council majority came on the scene, and this is a wholesale change to how the most heavily utilized, public-facing portion of the City Government is managed, we propose asks the Voters this November what they want. We propose two items for consideration in November: 1) A Charter amendment that would require a majority vote of the people if this or any future council seeks to make a wholesale change to the library's management structure – in the spirit of Measure C for our parks and beaches; and, 911 .• CITY OF _ HUNTINGTON BEACH 2000 Main Street, Huntington Beach, CA 92648 | www.huntingtonbeachca.gov 2) An advisory vote as to whether the current electorate of the City of Huntington Beach wants a change to the library's current management structure under the framework proposed by this Council at its March 19, 2024 meeting. Because the election is less than six months away, we also request that the City Council table the requested and still uncirculated Request for Proposals (RFP) until after the people have spoken in November. RECOMMENDED ACTION Direct the City Manager, City Attorney and City Clerk to prepare resolutions, ordinances, and any other materials necessary to place two items for consideration on the November 5, 2024 General Election ballot and agendize for a vote at our June 4, 2024 City Council Meeting: 1) A Charter amendment to require a majority vote of the City Council and a majority vote of the electors of Huntington Beach to approve any proposal that would change the wholesale management of the library, and/or any proposal to operate the library with a private contractor that would employ library staff to achieve cost savings; and, 2) An advisory vote of the electors of Huntington Beach on whether to hire a third-party contractor to operate the HBPL; a replacement of the current management structure, as proposed by the City Council at its March 19, 2024 meeting. Additionally direct the City Manager to cease any further work on the Request for Proposals (RFP) as it relates to the action taken at the March 19, 2024 meeting. 912