3. MISCELLANEOUS ATTACHMENT
a. APPROVE LETTER OF SUPPORT FOR
LOCAL GROUNDWATER SUPPLY
IMPROVEMENT PROJECT
February 21, 2023
Jacklynn Gould, Regional Director
U.S. Bureau of Reclamation
Lower Colorado Basin
P.O. Box 61470
Boulder City, NV 89006-1470
RE: Local groundwater Supply Improvement Project (“Local SiP”) -- Support for WaterSMART: Water Recycling and Desalination Planning Grant Application by Mesa Water District to study regional brackish groundwater desalination
Dear Ms. Gould,
This letter is to express the City of Huntington Beach’s support for the WaterSMART grant application by Mesa Water District (Mesa Water®) , seeking assistance for its feasibility study -- named the Local groundwater Supply Improvement Project (“Local SiP”) -- to explore the benefits of desalinating brackish groundwater to improve local and regional water supply reliability within the Orange County Groundwater Basin, which provides water for over 2.5 million people in North and Central Orange County, including the citizens of Huntington Beach.
Developed through a collaborative process involving the City of Huntington Beach, City of Newport Beach, Orange County Water District (which manages the Orange County Groundwater Basin), and Mesa Water, the Local SiP would study a multi-agency undertaking to secure -- for our current population, including disadvantaged residents and underserved communities, and future generations -- a new source of water supply that is: abundant, affordable, environmentally- sensitive, high-quality, local, reliable, sustainable, and resilient to climate change, drought, and other potential disruptions to water supplies.
The Local SiP will evaluate treatment alternatives for a 5 to 8 million gallons per day (MGD) regional brackish groundwater desalter, proposed locations for production wells, needed conveyance, and cost estimates. The Local SiP will also review potential groundwater and environmental impacts. The Local SiP will provide Mesa Water and its partnering agencies with the framework for selecting a proposed project alternative to move into design and construction.
Due to adaption strategies required to manage the impacts of climate change , and the uncertainties of imported water supplies from Northern California and the Colorado River , local and regional water supply reliability for the Orange County Groundwater Basin is more important now than ever . Already a leader in potable water reuse and water use efficiency, the Orang e County Groundwater Basin seeks to further diversify and improve local water supplies for added flexibility and regional reliability. This, in turn, will benefit the City of Huntington Beach.
We respectfully request favorable review for Mesa Water’s appl ication, as the Local SiP could alleviate current and future drought impacts to the Orange County Groundwater Basin.
Sincerely,
Tony Strickland
Mayor, City of Huntington Beach
3. MISCELLANEOUS ATTACHMENT
b. HARBOR COMMISSION - PROPERTY
CRIMES WHITE PAPER
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NOT FOR RELEASE PRIOR TO HABOUR COMMISSION APPROVAL
1 CITY OF HUNTINGTON BEACH
P.O. BOX 190 2000 Main Street California 92648
TO: HUNTINGTON BEACH CITY COUNCIL
VIA: HUNTINGTON BEACH CITY MANAGER
INTERGOVERNMENTAL RELATIONS COMMITTEE
FROM: HUNTINGTON BEACH HARBOUR COMMISSION
DATE: DECEMBER 1, 2022
SUBJ: U.S. STATE DEPARTMENT AND DEPARTMENT OF HOMELAND
SECURITY SUPPORT TO REDUCE THE OCCURRENCE OF
RESIDENTIAL BURGLARIES AND OTHER CRIMINAL ACTIVITIES
PERPETRATED BY FOREIGN NATIONAL MEMBERS OF
TRANSNATIONAL ORGANIZED CRIME GROUPS (TOCG)
Issue Statement:
The recent increase in residential burglaries perpetrated by Transnational Organized Crime Group (TOCG)1 members has garnered national attention and raised safety concerns among Huntington Beach residents. TOCG members arrive in the United States under tourist visas issued by the U.S. State Department or via the Visa Waiver Program (VWP) administered by the Department of Homeland Security (DHS) for those coming from countries that participate in the program (e.g., Chile). A practical solution to reduce crime, improve safety and increase peace of mind among U.S. residents is to deny entry and/or revoke visas for known, convicted TOCG members.
Executive Summary:
Bottom Line Up Front (BLUF): The Huntington Beach Harbour Commission recommends that the Huntington Beach City Council (HBCC) engage with the office of Representative Katie Porter to pursue U.S. State Department and Department of Homeland Security solutions to reduce the occurrence of criminal activity conducted by TOCG members.
1 South American Theft Groups (SATG), also known as South American Crime Groups (SACG), represent a subset, albeit the largest subset in Southern California, of Transnational Organized Crime Groups (TOCG).
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2 The Immigration and Nationality Act (INA), specifically 8 U.S.C §1182, establishes criteria for denying or revoking visas. Enclosure 1 provides the exact text of 8 U.S.C. §1182(a)(2) that defines “aliens who are … ineligible to receive visas and ineligible to be admitted to the United States” based on criminal and related grounds. The pertinent paragraph (8 U.S.C §1182(a)(2)(B)) that applies reads as follows:
(B) Multiple criminal convictions
Any alien convicted of 2 or more offenses (other than
purely political offenses), regardless of whether the
conviction was in a single trial or whether the offenses arose from a single scheme of misconduct and regardless of whether the offenses involved moral turpitude, for which the aggregate sentences to confinement were 5 years or
more is inadmissible.
The minimum of 5 years aggregate sentences to confinement requirement may be problematic for implementing the visa denial/revocation strategy to reduce TOCG related criminal activity. However, a legislation proposal to relax that arbitrary requirement should garner bipartisan support. Alternatively, legislation to include burglary and other crimes related to personal safety as a criterion of ineligibility for entry or to remain in the United States can be equally effective and supported. There may be other remedies that do not require legislation. State Department and DHS officials would be best suited to answer that question.
The DHS administers the VWP which enables eligible citizens or nationals of designated countries to travel to the United States for tourism or business for stays of 90 days or less without first obtaining a visa. The Electronic System for Travel Authorization (ESTA) assists the DHS in determining eligibility to travel to the United States under the VWP.
The criteria to deny entry into the United States under the VWP is less restrictive than that delineated in the INA. Specifically, the DHS has the authority to disapprove an application for travel that simply “poses any law enforcement or security risk.” A reconciliation between DHS and State Department standards for denial of entry into the United States may yield a viable, non-legislative solution to the TOCG problem.
Background:
Recent TOCG residential burglary activity in Southern California and in Huntington Harbour in particular has garnered both local and national media attention. More importantly, the safety, security and welfare of U.S. residents is in jeopardy as a result of the increase in TOCG activity. Fortunately, this should be a relatively easy problem to solve – simply do not allow TOCG members to travel to the U.S. and revoke the visas of TOCG members convicted of burglary and other related crimes.
One recent HBPD success story (i.e., the October 5th arrest of two TOCG members from Columbia), highlights the need for tighter controls and support from the U.S. State DRAFT * DRAFT * DRAFT
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3 Department to help prevent TOCG members from traveling to and remaining in the United States. In this case, the two TOCG members from Columbia pled guilty to a misdemeanor and were released. Both were allowed to remain in the United States and presumably have returned to their criminal activity – probably outside HBPD jurisdiction though.
Huntington Beach burglary statistics provided by the HBPD Crime Analysts tell a compelling story. The good news is that burglaries in Huntington Beach have steadily declined city-wide since peaking in 2013.
Note: 2022 burglary statistic (138) is projected based on an extrapolation from October year to date data (115)
Unfortunately, the city-wide burglary rate appears to have bottomed out in 2020 and is starting to increase. This could be due to the increase in TOCG activity first identified by HBPD in 2019. The burglary data specific to Huntington Harbour, one of the main TOCG target communities, support that hypothesis. With the exception of 2020 and 2021, when COVID travel restrictions were in place, burglaries in Huntington Harbour have increased since 2010.
432
399 419
448
380
354
285
239
193
167
92 110
138
0 50
100
150
200
250
300
350
400
450
500
2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 Huntington Beach City Wide Burglaries
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4 Note: 2022 burglary statistic (24) is projected based on an extrapolation from October year to date data (20).
As a percentage of city-wide burglaries, Huntington Harbour share of burglaries increased over ninefold since 2010, from 1.9% in 2010 to 17.4% in 2022. Again, this could be attributed to the advent of TOCG activity with the spike up in 2019 coinciding with when HBPD first recognized the unique TOCG modus operandi (MO).
8 9
7 17
12 17
14 15
13 21
3 8
24 0
5 10
15 20
25 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 Huntington Harbour (HH) Burglaries
1.9% 2.3% 1.7%
3.8% 3.2%
4.8% 4.9%
6.3% 6.7%
12.6%
3.3%
7.3%
17.4%
0.0%
2.0%
4.0%
6.0%
8.0%
10.0%
12.0%
14.0%
16.0%
18.0%
20.0%
2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 Percentage of Huntington Beach Burglaries in
Huntington Harbour
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5 Note: Projections for 2022 based on an extrapolation from October year to date data.
Recommendation:
Realizing the politically charged and divisive nature of immigration reform and the time required to draft and enact proposed legislation, the Harbour Commission proposes a two-step process to protect U.S. residents from TOCG criminal activities. First, there may be solutions readily available to the State Department and DHS to achieve the same result within current statutes and authorities. If so, an initial outreach to the State Department and DHS from Rep Porter and other House members whose constituents are similarly impacted by TOCG activity may help identify viable solutions that do not require Congressional level action. Specifically, the Harbour Commission recommends that the City draft a proposed letter for Rep Porter to send to the State Department and DHS inquiring what actions each department can take under current statutes to limit the entry of TOCG members into the United States. Additionally, the letter should address what actions could be taken to revoke visas and remove TOCG members convicted of crimes conducted while in the United States on tourist visas or otherwise. Finally, the letter should also solicit the departments’ input for additional authorities needed to protect U.S. residents from criminal activity conducted by foreign nationals and offer Congressional support to enact required legislation. The second step, assuming the first proves ineffective, entails drafting appropriate legislation that will garner bipartisan support to protect U.S. residents from Transnational Organized Crime Groups.
Enclosures:
Enclosure 1: Immigration and Nationality Act
8 U.S.C. §1182
8 9 7 17 12 17 14 15 13 21 3
8 20
432 399 419
448
380 354
285 239
193 167
92 110 115
0 50
100
150
200
250
300
350
400
450
500
2010
1.9%
HH
2011
2.3%
HH
2012
1.7%
HH
2013
3.8%
HH
2014
3.2%
HH
2015
4.8%
HH
2016
4.9%
HH
2017
6.3%
HH
2018
6.7%
HH
2019
12.6%
HH
2020
3.3%
HH
2021
7.3%
HH
2022
17.4%
HH
Burgaries in Huntington Beach
Huntington Harbour (HH) HH Projected City Wide City Wide Projected Immigration and Nationality Act
8 U.S.C. §1182. Inadmissible Aliens
Enclosure (1)
8 U.S.C.
United States Code, 2011 Edition
Title 8 - ALIENS AND NATIONALITY
CHAPTER 12 - IMMIGRATION AND NATIONALITY
SUBCHAPTER II - IMMIGRATION
Part II - Admission Qualifications for Aliens; Travel Control of Citizens and Aliens Sec. 1182 - Inadmissible aliens
From the U.S. Government Publishing Office, www.gpo.gov
§1182. Inadmissible aliens
(a) Classes of aliens ineligible for visas or admission Except as otherwise provided in this chapter, aliens who are inadmissible under the following paragraphs are ineligible to receive visas and ineligible to be admitted to the United States:
(2) Criminal and related grounds
(A) Conviction of certain crimes
(i) In general
Except as provided in clause (ii), any alien convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of—
(I) a crime involving moral turpitude (other than a purely political offense) or an attempt or conspiracy to commit such a crime, or (II) a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 802 of title 21),
is inadmissible.
(ii) Exception
Clause (i)(I) shall not apply to an alien who committed only one crime if—
(I) the crime was committed when the alien was under 18 years of age, and the crime was committed (and the alien released from any confinement to a prison or correctional institution imposed for the Immigration and Nationality Act
8 U.S.C. §1182. Inadmissible Aliens
Enclosure (1)
crime) more than 5 years before the date of application for a visa or other documentation and the date of application for admission to the United States, or
(II) the maximum penalty possible for the crime of which the alien was convicted (or which the alien admits having committed or of which the acts that the alien admits having committed constituted the essential elements) did not exceed imprisonment for one year and, if the alien was convicted of such crime, the alien was not sentenced to a term of imprisonment in excess of 6 months (regardless of the extent to which the sentence was ultimately executed).
(B) Multiple criminal convictions
Any alien convicted of 2 or more offenses (other than purely political offenses), regardless of whether the conviction was in a single trial or whether the offenses arose from a single scheme of misconduct and regardless of whether the offenses involved moral turpitude, for which the aggregate sentences to confinement were 5 years or more is inadmissible. (C) Controlled substance traffickers
Any alien who the consular officer or the Attorney General knows or has reason to believe—
(i) is or has been an illicit trafficker in any controlled substance or in any listed chemical (as defined in section 802 of title 21), or is or has been a knowing aider, abettor, assister, conspirator, or colluder with others in the illicit trafficking in any such controlled or listed substance or chemical, or endeavored to do so; or
(ii) is the spouse, son, or daughter of an alien inadmissible under clause (i), has, within the previous 5 years, obtained any financial or other benefit from the illicit activity of that alien, and knew or reasonably should have known that the financial or other benefit was the product of such illicit activity,
is inadmissible.
(D) Prostitution and commercialized vice
Any alien who—
(i) is coming to the United States solely, principally, or incidentally to engage in prostitution, or has engaged in prostitution within 10 years of the date of application for a visa, admission, or adjustment of status, Immigration and Nationality Act
8 U.S.C. §1182. Inadmissible Aliens
Enclosure (1)
(ii) directly or indirectly procures or attempts to procure, or (within 10 years of the date of application for a visa, admission, or adjustment of status) procured or attempted to procure or to import, prostitutes or persons for the purpose of prostitution, or receives or (within such 10- year period) received, in whole or in part, the proceeds of prostitution, or (iii) is coming to the United States to engage in any other unlawful commercialized vice, whether or not related to prostitution,
is inadmissible.
(E) Certain aliens involved in serious criminal activity who have asserted immunity from prosecution
Any alien—
(i) who has committed in the United States at any time a serious criminal offense (as defined in section 1101(h) of this title), (ii) for whom immunity from criminal jurisdiction was exercised with respect to that offense,
(iii) who as a consequence of the offense and exercise of immunity has departed from the United States, and
(iv) who has not subsequently submitted fully to the jurisdiction of the court in the United States having jurisdiction with respect to that offense,
is inadmissible.
(F) Waiver authorized
For provision authorizing waiver of certain subparagraphs of this paragraph, see subsection (h) of this section.
(G) Foreign government officials who have committed particularly severe violations of religious freedom
Any alien who, while serving as a foreign government official, was responsible for or directly carried out, at any time, particularly severe violations of religious freedom, as defined in section 6402 of title 22, is inadmissible.
(H) Significant traffickers in persons
(i) In general
Any alien who commits or conspires to commit human trafficking offenses in the United States or outside the United States, or who the consular officer, the Secretary of Homeland Security, the Secretary of Immigration and Nationality Act
8 U.S.C. §1182. Inadmissible Aliens
Enclosure (1)
State, or the Attorney General knows or has reason to believe is or has been a knowing aider, abettor, assister, conspirator, or colluder with such a trafficker in severe forms of trafficking in persons, as defined in the section 7102 of title 22, is inadmissible.
(ii) Beneficiaries of trafficking
Except as provided in clause (iii), any alien who the consular officer or the Attorney General knows or has reason to believe is the spouse, son, or daughter of an alien inadmissible under clause (i), has, within the previous 5 years, obtained any financial or other benefit from the illicit activity of that alien, and knew or reasonably should have known that the financial or other benefit was the product of such illicit activity, is inadmissible.
(iii) Exception for certain sons and daughters
Clause (ii) shall not apply to a son or daughter who was a child at the time he or she received the benefit described in such clause. (I) Money laundering
Any alien—
(i) who a consular officer or the Attorney General knows, or has reason to believe, has engaged, is engaging, or seeks to enter the United States to engage, in an offense which is described in section 1956 or 1957 of title 18 (relating to laundering of monetary instruments); or (ii) who a consular officer or the Attorney General knows is, or has been, a knowing aider, abettor, assister, conspirator, or colluder with others in an offense which is described in such section;
is inadmissible.