Los Alamitos City Council
January 23, 2023

NOTICE TO THE PUBLIC – This Agenda contains a brief general description of each item to be considered. Except as provided by law, action or discussion shall not be taken on any item not appearing on the agenda. Supporting documents, including staff reports, are available for review at City Hall in the City Clerk’s Office or on the City’s website at www.cityoflosalamitos.org once the agenda has been publicly posted.

Each matter on the agenda, no matter how described, shall be deemed to include any appropriate motion, whether to adopt a minute motion, resolution, payment of any bill, approval of any matter or action, or any other action. Items listed as “for information” or “for discussion” may also be the subject of an “action” taken by the City Council at the same meeting.

Any written materials relating to an item on this agenda submitted to the City Council after distribution of the agenda packet are available for public inspection online at www.cityoflosalamitos.org.

It is the intention of the City of Los Alamitos to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee, or a participant at this meeting, you will need special assistance beyond what is normally provided, please contact the City Clerk’s Office at (562) 431-3538, extension 220, 48 hours prior to the meeting so that reasonable arrangements may be made.

CITY OF LOS ALAMITOS
Council Chamber
3191 Katella Ave., Los Alamitos CA 90720

CITY COUNCIL AGENDA

ADJOURNED REGULAR MEETING
Monday, January 23, 2023 – 6:00 PM
SAFETY ALERT – NOTICE REGARDING COVID-19
If you wish to attend the City Council meeting in person, the Council Chamber located at 3191 Katella Ave., Los Alamitos, California 90720, will have seating for this meeting and the public shall have the right to observe and offer public comment at this location. The City of Los Alamitos continues to follow the Centers for Disease Control and Prevention (CDC) guidelines and these provisions are subject change with short notice.

While you may attend this meeting in person, given the health risks associated with COVID-19, please be advised that you may submit comments on any agenda item or on any item not on the agenda by email to [email protected] with the subject line “PUBLIC COMMENT”.

Comments received by 3:00 p.m. will be compiled, provided to the City Council, and made available to the public before the start of the meeting. Staff will not read email comments at the meeting but the official record will include all email comments received until the close of the meeting. You may also view the meeting live on local cable channel 3.

Please consider carefully before attending this meeting in person and do not attend this meeting in person if you have had direct contact with someone who has tested positive for Coronavirus (COVID19), or you are experiencing symptoms such as coughing, sneezing, fever, difficulty breathing or other flu-like symptoms.

1. CALL TO ORDER

2. ROLL CALL
Mayor Doby
Mayor Pro Tem Nefulda
Council Member Hasselbrink
Council Member Hibard
Council Member Murphy

City Council Adjourned Regular Meeting
January 23, 2023

3. PLEDGE OF ALLEGIANCE
Mayor Doby will lead the Pledge of Allegiance.

4. INVOCATION
Mayor Pro Tem Nefulda will give the Invocation.

5. PRESENTATIONS
A. Presentation of Certificates to the Los Alamitos Girls Varsity Tennis Team in Recognition of Achieving the 2022 CIF-Southern Section Division 2 Semi- Finalists
B. Presentation of Certificates to the 2022 My City My Los Al Partnership Program Sponsors
C. Presentation of Commendations to Corporal Rodriguez and Police Officer Delgado in Recognition of Earning the Los Alamitos Police Department Lifesaving Award
D. Presentations to Helen Akashi and Marie Kane as Recipients of the Los Alamitos Police Department's Pink Patch Project
E. Presentations to Reserve Officer Dave Dorans in Recognition of his 31 Years of Service to the City of Los Alamitos
F. Presentations to Reserve Officer Harry Whited in Recognition of his 39 Years of Service to the City of Los Alamitos
G. Presentation by Seregant Krogman and School Resource Officer Brucki Regarding E-Bike Safety
H. Presentation by Division Chief Craig Covey, Orange County Fire Authority, Regarding Lithium-ion Battery Hazards

6. ORAL COMMUNICATIONS
At this time, any individual in the audience may come forward to speak on any item within the subject matter jurisdiction of the City Council. Remarks are to be limited to not more than five minutes per speaker.

7. COUNCIL ANNOUNCEMENTS
At this time, Council Members may also report on items not specifically described on the Agenda that are of interest to the community, provided no action or discussion is taken except to provide Staff direction to report back or to place the item on a future Agenda.

8. ITEMS FROM THE CITY MANAGER

City Council Adjourned Regular Meeting
January 23, 2023

9. WARRANTS
A. Warrants (Finance)
The attached Warrant Register contains checks and electronic funds transfers for the period from December 1 to December 31, 2022.

Recommendation: Ratify the Warrants for the period in the amount of $1,270,912.45

ROLL CALL
Mayor Doby
Mayor Pro Tem Nefulda
Council Member Hasselbrink
Council Member Hibard
Council Member Murphy

10. CONSENT CALENDAR
All Consent Calendar items may be acted upon by one motion unless a Council Member requests separate action on a specific item.

A. Approval of Minutes (Administration)
Approve the City Council minutes for the Special and Regular meeting of December 19, 2022, and the Special meeting of January 17, 2023.

B. Findings Required by AB 361 for the Continued Use of Teleconferencing for Meetings (Administration)
For the City Council to continue to have the option to meet via teleconference during the pandemic, AB 361 requires the City Council make specific findings at least every thirty (30) days.

Recommendation: Make the following findings by a majority vote of the City Council:

1. A state of emergency has been proclaimed by California’s Governor due to the COVID-19 pandemic, and continues to be in effect; and,

2. The City Council has reconsidered the circumstances of the state of emergency; and,

3. State and local officials continue to recommend measures to promote social distancing to slow the spread of COVID-19.

C. 2023 Budget Calendar (Finance)
This report seeks to establish the 2023 budget calendar.

Recommendation: Approve the recommended budget calendar for 2023.

City Council Adjourned Regular Meeting
January 23, 2023

D. Tobacco Grant Award (Police)
The Office of the Attorney General established the California Department of Justice Tobacco Grant Program in 2017 to provide annual funds to local enforcement agencies throughout California. To date, the Tobacco Grant Program has distributed approximately
$170 million in grant funding. Grant funding supports local law enforcement efforts to reduce the illegal sale of tobacco products to minors through education and enforcement as appropriate. For the 2022-2023 grant cycle, the Department of Justice has awarded the City of Los Alamitos Police Department $436,361. This funding will be used to support Los Alamitos Police Offices working to address the illegal sale of tobacco products to minors.

Recommendation:

1. Adopt Resolution No. 2023-03 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF Los Alamitos, California, AUTHORIZING THE ACCEPTANCE OF GRANT FUNDS IN THE AMOUNT OF $436,361

FROM THE CALIFORNIA DEPARTMENT OF JUSTICE TOBACCO
GRANT PROGRAM"; and,

2. Authorize the City Manager to enter into the Memorandum of Understanding for the Tobacco Grant Program (DOJ-PROP56-2022-23- 1-020) with the California Department of Justice.

11. DISCUSSION ITEM
A. Continuation of the Automated License Plate Reader Program (Police)
The City of Los Alamitos has seen a significant increase in property crimes including catalytic converters and auto thefts. As a result, the Los Alamitos Police Department began looking at ways to improve its technology-based investigative capabilities utilizing Automated License Plate Readers (ALPR). On August 16, 2021, the Los Alamitos City Council approved a one-year pilot program of twelve ALPR's that were installed at various entry and exit points in the city. The license plate data captured by the ALPR's has proven to be an invaluable investigative tool, helping our Detective Bureau identify suspect vehicles and stolen vehicles, resulting in an increase in arrests and solved crimes.

Recommendation:

1. Approve the continuation of the Automated License Plate Reader Program; and,

City Council Adjourned Regular Meeting
January 23, 2023

2. Authorize the Mayor to enter into the Additional Services Agreement for Extended Data Retention for an additional amount of $3,600.00 per year.

B. Southern California Association of Governments (SCAG) 2023 Regional Conference and General Assembly (Administration) The Southern California Association of Governments (SCAG) Regional Conference and General Assembly will be held at the JW Marriott Desert Springs Resort and Spa in Palm Desert, CA on May 4-5, 2023. Each year, SCAG’s member cities select a Delegate and/or Alternate to represent their City and participate at the conference.

Recommendation:

1. Appoint a representative to attend and serve as the City’s Voting Delegate for the Southern California Association of Governments (SCAG) General Assembly; and,

2. Appoint a Council Member to attend and serve as the City’s Alternate Voting Delegate in the event of the Voting Delegate’s absence.

12. PUBLIC HEARING
A. Comprehensive Update of the City’s Housing Element for the Reporting Period of 2021-2029 (GPA 21-01) and General Plan Amendment (GPA) 22-02 Zoning Ordinance Amendment (ZOA) 22-03 (Development Services)
The City Council will consider the revised draft of the comprehensive update of the City’s Housing Element for the reporting period of 2021-2029 (GPA 21-01). Upon adoption of the Housing Element, the City Council will consider a resolution and an ordinance for 1) the creation of a higherdensity R-4 Zoning District in Los Alamitos; 2) rezoning certain properties to the new R-4 District; and 3) modifying the Town Center Mixed Use (TCMU) Zoning District to allow higher density. These changes would be implemented to comply with the newly adopted Housing Element and would be made through General Plan Amendment (GPA) 22-02 and Zoning Ordinance Amendment (ZOA) 22-03.

Recommendation:

1. Conduct a public hearing; and, if appropriate,

2. Adopt Resolution No. 2023-02, entitled, “A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF LOS ALAMITOS, CALIFORNIA,

ADOPTING A NEGATIVE DECLARATION, AND APPROVING GENERAL
PLAN AMENDMENT 21-01, UPDATING THE LOS ALAMITOS HOUSING ELEMENT (2021-2029):; and,

City Council Adjourned Regular Meeting
January 23, 2023

3. Consider the draft resolution, and, if appropriate,

4. Adopt Resolution No. 2023-01, entitled, “A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF LOS ALAMITOS, CALIFORNIA,
APPROVING GENERAL PLAN AMENDMENT (GPA) 22-02 TO ENSURE
THAT THE ZONING CODE UPDATES IN ORDINANCE 2023-01 WILL

MAINTAIN INTERNAL CONSISTENCY WITH THE ACTIONS, GOALS,

OBJECTIVES, AND POLICIES OF THE GENERAL PLAN, AND WILL NOT CREATE ANY INCONSISTENCIES THEREIN (CITY INITIATED).

5. Consider the draft ordinance; and, if appropriate,

6. Introduce for first reading, read by title only, and waive further reading of Ordinance No. 2023-01; and,

7. City Attorney Daudt read the title of Ordinance No. 2023-01 entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOS
ALAMITOS, CALIFORNIA, AMENDING CHAPTERS 17.04, 17.08, AND

17.12 OF THE LOS ALAMITOS MUNICIPAL CODE, AS WELL AS THE LOS ALAMITOS ZONING MAP, CONCERNING THE R-3, R-4, AND
TCMU ZONING OF THE CITY OF LOS ALAMITOS (ZOA 22-03) (CITY INITIATED).”

13. ADJOURNMENT
I hereby certify under penalty of perjury under the laws of the State of California, that the foregoing Agenda was posted at the Los Alamitos City Hall, 3191 Katella Ave. and online at www.cityoflosalamitos.org not less than 72 hours prior to the meeting.

Windmera Quintanar, MMC, City Clerk
Dated: January 19, 2023

City of Los Alamitos

CITY COUNCIL AGENDA REPORT
MEETING DATE: January 23, 2023 ITEM NUMBER: 9A
To: Mayor Tanya Doby & Members of the City Council
Presented By: Craig Koehler, Director of Finance
Subject: Warrants

SUMMARY
The attached Warrant Register contains checks and electronic funds transfers for the period from December 1 to December 31, 2022.

RECOMMENDATION
Ratify the Warrants for the period in the amount of $1,270,912.45

BACKGROUND
The expenditures noted within this Warrant Register conform to the budget approved by the City Council.

DISCUSSION
The Director of Finance certifies the accuracy of the attached register and the availability of monies for payment thereof.

FISCAL IMPACT
The grand total of $1,270,912.45 represents checks and electronic fund transfers for the period December 1 to December 31, 2022.

Attachment: 1. WARRANTS 01-23-23 FINAL

MINUTES OF THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS

SPECIAL MEETING
Monday, December 19, 2022

1. CALL TO ORDER
The City Council met in Special Session at 5:34 p.m., Monday, December 19, 2022, in the Council Chamber located at 3191 Katella Ave., Los Alamitos, CA 90720, Mayor Hasselbrink presiding.

2. ROLL CALL

Present: Council Members: Chirco, Nefulda,
Mayor Pro Tem Doby, Mayor Hasselbrink

Absent: Council Members: Murphy

Present: Staff: Chet Simmons, City Manager
Michael Claborn, Chief of Police
Michael Daudt, City Attorney
Craig Koehler, Finance Director
Emeline Noda, Recreation and Community Services Director Ron Noda, Development Services Director
Windmera Quintanar, MMC, City Clerk
Chelsi Wilson, Administrative Services Manager

3. ORAL COMMUNICATIONS
At this time, any individual in the audience may come forward to speak about any item described on the agenda prior to the Council's consideration of that item.

Pursuant to the Brown Act Section 54954.3 (b), remarks are limited to items described in the notice for the meeting. Remarks are to be limited to not more than three minutes per speaker.

Mayor Hasselbrink opened Oral Communications. There being no one present wishing to speak, Mayor Hasselbrink closed Oral Communications.

4. SPECIAL ORDER OF THE DAY
A. Interview and Appointments for City Commissions(Administration) This report provided relevant information by which the City Council may interview and appoint members to City Commissions.

The City Council interviewed the following Commission applicants listed in alphabetical order by Commission: Parks, Recreation, and Cultural Arts Commission – Wendy Cope, John C. Duff, Joseph Hastie; Personnel Appeals Commission – Lisa L. Tekolian; and, Traffic Commission – Maggie Marchese.

City Council Special Minutes
December 19, 2022

The City Council considered Commission Incumbent applications in lieu of Interviews. Parks, Recreation, and Cultural Arts Incumbent applicants Alex Duran and Ray Joseph spoke briefly.

City Clerk Quintanar distributed Indications of Support to the City Council and stated there were 2 indications of support for Wendy Cope for the term expiring December 2023, 4 indications of support for Alex Duran for a full term, 2 indications of support for Joseph Hasite for a term expiring December 2023, and 4 indications of support for Ray Joseph for a full term.

Motion/Second: Hasselbrink/Doby
Unanimously Carried: The City Council appointed Wendy Cope for a term expiring December 2023 and Alex Duran and Ray Joseph for a term expiring December 2025 to the Parks, Recreation, and Cultural Arts Commission.

City Clerk Quintanar stated for the Personnel Appeals Commission there was 1 indication of support for Robert Lee and 3 indications of support for Lisa Tekolian.

Motion/Second: Doby/Chirco
Unanimously Carried: The City Council appointed Lisa Tekolian to the Personnel Appeals Commission with a term expiring December 2025.

City Clerk Quintanar stated the Traffic Commission there were 4 indications of support for Randy Hill, Maggie Marchese, Javier Mejia, Bruce Murphy, and Daniel Patz.

Motion/Second: Chirco/Doby
Unanimously Carried: The City Council appointed Randy Hill, Maggie Marchese, Javier Mejia, Bruce Murphy, and Daniel Patz to the Traffic Commission with terms expiring December 2025.

5. ADJOURNMENT
The City Council adjourned the Special meeting at 5:47 p.m.

Tanya Doby, Mayor
Attest:

Windmera Quintanar, MMC, City Clerk

MINUTES OF THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS

REGULAR MEETING
Monday, December 19, 2022

1. CALL TO ORDER
The City Council met in Regular Session at 6:03 p.m., Monday, December 19, 2022, in the Council Chamber located at 3191 Katella Ave., Los Alamitos, CA 90720, Mayor Hasselbrink presiding.

2. ROLL CALL

Present: Council Members: Chirco, Nefulda,
Mayor Pro Tem Doby, Mayor Hasselbrink

Absent: Council Members: Murphy

Present: Staff: Chet Simmons, City Manager
Michael Claborn, Chief of Police
Craig Covey, Orange County Fire Authority Chief
Michael Daudt, City Attorney
Craig Koehler, Finance Director
Emeline Noda, Recreation & Community Services
Director
Ron Noda, Development Services Director
Windmera Quintanar, MMC, City Clerk
Chelsi Wilson, Administrative Services Manager

3. PLEDGE OF ALLEGIANCE
Mayor Hasselbrink led the Pledge of Allegiance.

4. INVOCATION
Mayor Pro Tem Doby gave the Invocation.

5. PRESENTATIONS
Mayor Hasselbrink and the City Council presented and received the listed awards.

A. Presentations to Council Member Mark A. Chirco from Outside Agencies for Five Years of Service as Council Member
B. Presentations to Mayor Shelley Hasselbrink from Outside Agencies for Her Service as Mayor in 2022
C. Presentation of a Donation from Kenney Brandyberry to the Los Alamitos Community Foundation and City Council Towards Creation of a Police K-9 Unit

City Council Regular Minutes
December 19, 2022

6. ORAL COMMUNICATIONS
At this time, any individual in the audience may come forward to speak on any item within the subject matter jurisdiction of the City Council. Remarks are to be limited to not more than five minutes per speaker.

Mayor Hasselbrink asked for and received concurrence from the City Council to limit remarks to three minutes per speaker.

The following individuals spoke in opposition to the proposed Lampson project: Pattie, Michael Delgado, John Lang, Derek Foyer, Christine Arewestin, Susie Taylor, John Alfredson, Larry Nutter, Tommy Omansen, Dan Brandt, Dr. Pulvese, Alex Steins, Enia Ostrich, Josh Hoseberg, Unidentified speaker, Tom Vorsech, and J. Smith.

Trevor Freeman spoke in favor of increased housing.

Note: Spellings are estimations as no speaker cards were submitted.

7. COUNCIL ANNOUNCEMENTS
At this time, Council Members may also report on items not specifically described on the Agenda that are of interest to the community, provided no action or discussion is taken except to provide Staff direction to report back or to place the item on a future Agenda.

Council Member Nefulda spoke regarding attendance at the Orange County Sanitation District Board meeting, West-Comm Board meeting and Winter Wonderland.

Council Member Chirco spoke regarding attendance at the Winter Wonderland and advised he had been traveling for work.

Mayor Pro Tem Doby spoke regarding attendance at the Orange County Mosquito and Vector Control District Board meeting, CenExel CNS Los Alamitos Grand Opening, Winter Wonderland, Sunburst Youth Academy Graduation, Americana Awards Kickoff meeting, Chamber Holiday Breakfast, and the Chamber Holiday Mixer.

Mayor Hasselbrink spoke regarding attendance at Winter Wonderland and the Americana Awards nominee for Los Alamitos, Nesi Stewart.

8. ITEMS FROM THE CITY MANAGER
City Council asked for and received an overview of the Winter Wonderland event from Recreation and Community Services Director Noda.

9. WARRANTS
A. Warrants (Finance)
The attached Warrant Register contained checks and electronic fund transfers for the period November 2, 2022 to November 30, 2022.

Motion/Second: Doby/Chirco
Unanimously Carried: The City Council ratifoed the Warrants for the period from November 2, 2022 to November 30, 2022 in the amount of $1,521,605.16.

City Council Regular Minutes
December 19, 2022

ROLL CALL
Mayor Hasselbrink Aye
Mayor Pro Tem Doby Aye
Council Member Chirco Aye
Council Member Murphy Absent
Council Member Nefulda Aye

10. CONSENT CALENDAR
All Consent Calendar items may be acted upon by one motion unless a Council Member requests separate action on a specific item.

Motion/Second: Chirco/Doby
Unanimously Carried: The City Council approved the following Consent Calendar items:

A. Approval of Minutes
Approve dthe City Council minutes for the Adjourned Regular meeting of November 14, 2022, and the Special meeting of December 12, 2022.

B. Findings Required by AB 361 for the Continued Use of Teleconferencing for Meetings (Administration)
For the City Council to continue to have the option to meet via teleconference during the pandemic, AB 361 requires the City Council make specific findings at least every thirty (30) days.

The City Council made the following findings by a majority vote:

1. A state of emergency has been proclaimed by California’s Governor due to the COVID-19 pandemic, and continues to be in effect; and,

2. The City Council has reconsidered the circumstances of the state of emergency; and,

3. State and local officials continue to recommend measures to promote social distancing to slow the spread of COVID-19.

C. Ordinance No. 2022-07 - Regulation and Sale of Fireworks (Administration) Adoption of Ordinance No. 2022-07 will allow for the use of safe and sane fireworks on the 4th of July, as well as their regulation and sale. City Council introduced Ordinance No. 2022-07 at its Adjourned Regular meeting of November 14, 2022.

The City Council adopted Ordinance No. 2022-07, entitled “AN ORDINANCE OF

THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS, CALIFORNIA, ADDING CHAPTER 5.60 (FIREWORKS) TO TITLE 5 OF THE LOS ALAMITOS MUNICIPAL CODE RELATING TO THE REGULATION AND SALE OF FIREWORKS”.

D. Declaring and Certifying the Results of the November 8, 2022 General Municipal Election (Administration)
This report provided a certified statement of the vote from the County of Orange Registrar of Voters regarding the General Municipal Election and request Council

City Council Regular Minutes
December 19, 2022

recite the facts of the election and declare the results.

The City Council adopted Resolution No. 2022-35, entitled “A RESOLUTION OF

THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS, CALIFORNIA,

RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 8, 2022, DECLARING THE RESULT, AND SUCH OTHER MATTERS AS PROVIDED BY LAW".

E. Resolution No. 2022-34 - Adopting the June 30, 2022 Measure M2 Expenditure Report (Finance)
Each agency that receives Measure M2 funds is required by the Orange County Transportation Authority to adopt an annual Expenditure Report to account for the use of Measure M2 funds.

The City Council adopted Resolution No. 2022-34, entitled "A RESOLUTION OF

THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS, CALIFORNIA, CONCERNING THE MEASURE M2 EXPENDITURE REPORT FOR THE CITY OF LOS ALAMITOS FOR THE FISCAL YEAR ENDING JUNE 30, 2022." F. Amendment No. 2 to the Professional Services Agreement with Liebert Cassidy Whitmore for Personnel Legal Services (Administration) The City of Los Alamitos contracts with Liebert Cassidy Whitmore (LCW) for legal services related to labor and employment. This item proposes an amendment to increase the amount of the contract.

The City Council:

1. Authorize the Mayor to execute Amendment No. 2 to the Professional Services Agreement with Liebert Cassidy Whitmore, extending the payment agreement not to exceed $59,500; and,

2. Appropriate $15,000 from the General Fund to account 10-513-5261 for Amendment 2.

11. DISCUSSION ITEM
A. Adoption of Vehicles Miles Travelled (VMT) Thresholds of Significance (Development Services)
Currently, the City of Los Alamitos utilizes Level of Service (LOS) as the metric to evaluate transportation impacts in California Environmental Quality Act (CEQA) documents such as an Environmental Impact Report (EIR). The State is mandating that municipalities adopt and utilize Vehicles Miles Traveled (VMT).

City Manager Simmons summarized the Staff report.

Motion/Second: Chirco/Nefulda
Unanimously Carried: The City Council adopted Resolution No. 2022-37, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS ADOPTING “VEHICLE MILES TRAVELLED” (VMT) THRESHOLDS OF

SIGNIFICANCE FOR PURPOSES OF ANALYZING TRANSPORTATION
IMPACTS UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT" in

City Council Regular Minutes
December 19, 2022

conformance with the guidelines provided by the Orange County Transportation Authority (OCTA).

B. Resolution No. 2022-38 – Awarding the City Manager a Performance Based Incentive Bonus for Calendar Year 2022 (Administration) The City Council evaluated the City Manager’s performance during closed session on December 19, 2022. Pursuant to the City Manager’s Employment Agreement, the City Manager may be entitled to up to a two percent (2%) annual performance based incentive bonus, which may be awarded at the sole discretion of the City Council.

City Attorney Daudt summarized the Staff report and provided an oral report summarizing the recommendation must be made in open session Pursuant to California Government Code section 54953(c)(3), an oral report City Council briefly discussed the City Manager Simmons positive performance and thanked him for a job well done.

Motion/Second: Hasselbrink/Chirco
Unanimously Carried: The City Council adopted Resolution No. 2022-38, entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS,

CALIFORNIA, AWARDING THE CITY MANAGER A PERFORMANCE BASED INCENTIVE BONUS FOR CALENDAR YEAR 2022”.

12. SPECIAL ORDERS OF THE DAY
A. Comments by Outgoing Council Member Mark A. Chirco
Council Member Chiro spoke regarding his tenure on the City Council B. Presentations to Council Member Chirco from the City for his tenure as Council Member
Mayor Hasselbrink and the City Council presented Council Member Chirco with mementos for her service.

C. Comments by Outgoing Mayor Shelley Hasselbrink
Mayor Hasselbrink spoke regarding her tenure as Mayor for 2022.

D. Presentations to Mayor Hasselbrink from the City for her tenure as Mayor in 2022
Mayor Pro Tem Doby and Council provided Mayor Hasselbrink with a plaque for her service.

E. City Clerk Quintanar to Administer Oath of Office and comments by Newly Elected Officials Shelley Hasselbrink and Emily Hibard
City Clerk Quintanar administered the Oath of Office to Shelley Hasselbrink and Emily Hibard.

13. RECESS
The City Council took a brief recess at 7:58 p.m.

City Council Regular Minutes
December 19, 2022

RECONVENE
The City Council reconvened at 8:14 p.m. Council Member Hibard was present at the dais.

14. DISCUSSION ITEM
A. City Council Reorganization (Administration)
This report provided relevant information for the City Council’s annual reorganization, by the election of Mayor and Mayor Pro Tem. The City’s Charter requires roll call votes be taken for the election of these two Officers.

Mayor Hasselbrink turned the meeting over to City Clerk Quintanar.

City Clerk Quintanar summarized the Staff report and opened the floor for nominations for the Office of Mayor.

Mayor Hasselbrink nominated Mayor Pro Tem Doby for the office of Mayor.

There being no further nominations, City Clerk Quintanar closed the floor for nominations for the Office of Mayor.

City Clerk Quintanar called for a roll call vote to appoint Mayor Pro Tem Doby to the Office of Mayor.

ROLL CALL
Doby Aye
Hasselbrink Aye
Hibard Aye
Murphy Absent
Nefulda Aye
City Clerk Quintanar congratulated Mayor Hasselbrink and opened the floor for nominations for the Office of Mayor Pro Tem.

Mayor Doby nominated Council Member Nefulda.

There being no further nominations, City Clerk Quintanar closed the floor for nominations for the Office of Mayor Pro Tem.

City Clerk Quintanar called for a roll call vote to appoint Council Member Nefulda to the Office of Mayor Pro Tem.

ROLL CALL
Doby Aye
Hasselbrink Aye
Hibard Aye
Murphy Absent
Nefulda Aye
City Clerk Quintanar congratulated Mayor Pro Tem Nefulda and turned the meeting over to Mayor Doby.

City Council Regular Minutes
December 19, 2022

B. City Council Member Appointments/Reappointments as Representatives to other Agencies and City Committees for 2023 (Administration) This report provided relevant information for the City Council’s annual appointments/reappointments of Council Members as representatives to other Agencies.

City Clerk Quintanar summarized the Staff report and stated due to turn over, outside agencies have requested incumbents be reappointed when possible. City Council discussed the appointment list.

Motion/Second: Hasselbrink/Doby
Unanimously Carried: The City Council:

1. Made the following appointments to Representatives to Other Agencies:

City Selection Meeting
Delegate: Doby
Alternate: Nefulda
League of California Cities – State Division
Delegate: Doby
Alternate: Nefulda
Los Alamitos Community Foundation
Delegate: Hasselbrink
Delegate: Murphy
Orange County Fire Authority
Delegate: Hasselbrink
Orange County Library Advisory Board
Delegate: Hibard
Alternate: Murphy
Orange County Sanitation District
Delegate: Nefulda
Alternate: Hibard
West Cities Communications Center JPA Board
Delegate: Nefulda
Alternate: Hasselbrink
Budget Standing Committee
Delegates: Chirco and Hasselbrink

2. Adopt Resolution No. 2022-36, entitled, “A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF LOS ALAMITOS, CALIFORNIA, DESIGNATING

AND APPOINTING ITS REPRESENTATIVE TO THE ORANGE COUNTY FIRE AUTHORITY’S BOARD OF DIRECTORS”; and,

City Council Regular Minutes
December 19, 2022

3. Authorize the City Clerk to complete California Form 806, Agency Report of:

Public Official Appointments and post on the City’s website.

Motion/Second: Nefulda/Hibard
Unanimously Carried: The City Council appointed Mayor Doby and Council Member Hasselbrink to the Budget Standing Committee.

15. ADJOURNMENT
The City Council adjourned at 8:22 p.m. to Monday, January 23, 2023, at 6:00 p.m.

Tanya Doby, Mayor
Attest:

Windmera Quintanar, MMC, City Clerk

MINUTES OF THE CITY COUNCIL

OF THE CITY OF LOS ALAMITOS
SPECIAL MEETING – January 17, 2023

1. CALL TO ORDER
The City Council met in Special Session at 8:30 a.m., Tuesday, January 17, 2023, via videoconference, Mayor Doby presiding. As a result of the State of Emergency in California due to the threat of COVID-19 and pursuant to Governor Newsom Executive Order N-25-20 issued on March 12, 2020, all members of the City Council attended via videoconference.

2. ROLL CALL

Present: Council Members: Hasselbrink, Hibard, Murphy,
Mayor Pro Tem Nefulda, Mayor Doby

Absent: Council Members: None

Present: Staff: Chet Simmons, City Manager
Michael Daudt, City Attorney
Craig Koehler, Finance Director
Windmera Quintanar, MMC, City Clerk

3. ORAL COMMUNICATIONS
At this time, any individual in the audience may come forward to speak about any item described on the agenda prior to the Council's consideration of that item.

Pursuant to the Brown Act Section 54954.3 (b), remarks are limited to items described in the notice for the meeting. Remarks are to be limited to not more than three minutes per speaker.

City Clerk Quintanar advised there were no attendees on the call and no written communications had been received.

4. CONSENT CALENDAR
A. Findings Required by AB 361 for the Continued Use of Teleconferencing for Meetings (Administration)
For the City Council to continue to have the option to meet via teleconference during the pandemic, AB 361 requires the City Council make specific findings at least every thirty (30) days.

Motion/Second: Hasselbrink/Doby
Unanimously Carried: The City Council made the following findings by a majority vote:

City Council Special Meeting Minutes
January 17, 2023

1. A state of emergency has been proclaimed by California’s Governor due to the COVID-19 pandemic, and continues to be in effect; and,

2. The City Council has reconsidered the circumstances of the state of emergency; and,

3. State and local officials continue to recommend measures to promote social distancing to slow the spread of COVID-19.

Roll Call
Mayor Doby Aye
Mayor Pro Tem Nefulda Aye
Council Member Hasselbrink Aye
Council Member Hibard Aye
Council Member Murphy Aye

5. ADJOURNMENT
The City Council adjourned at 8:33 a.m.

Tanya Doby, Mayor
Attest:

Windmera Quintanar, MMC, City Clerk

City of Los Alamitos

CITY COUNCIL AGENDA REPORT
MEETING DATE: January 23, 2023 ITEM NUMBER: 10B
To: Mayor Tanya Doby & Members of the City Council
Presented By: Michael Daudt, City Attorney
Subject: Findings Required by AB 361 for the Continued Use of Teleconferencing for Meetings

SUMMARY
For the City Council to continue to have the option to meet via teleconference during the pandemic, AB 361 requires the City Council make specific findings at least every thirty (30) days.

RECOMMENDATION
Make the following findings by a majority vote of the City Council:

1. A state of emergency has been proclaimed by California’s Governor due to the COVID-19 pandemic, and continues to be in effect; and,

2. The City Council has reconsidered the circumstances of the state of emergency; and,

3. State and local officials continue to recommend measures to promote social distancing to slow the spread of COVID-19.

BACKGROUND
Assembly Bill 361 (AB 361) was signed into law by the Governor on September 16, 2021. A portion of AB 361 enacted amendments to California Government Code section 54953 regarding teleconference meetings. Those amendments authorize local agencies, like the City, to continue to conduct meetings by teleconference during a Governor-proclaimed state of emergency provided that certain findings are made by the legislative body, and provided that certain procedural requirements are met regarding public access to the meetings. A “teleconference” occurs for purposes of AB 361 whenever one or more members of the City Council connect to a City Council meeting via electronic means. Thus, even if four members of the City Council meet in person, if the fifth joins the meeting via Zoom, the meeting will be a teleconference meeting that must be conducted in accordance with the requirements of AB 361. For purposes of AB 361 “…’state of emergency’ means a state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act…” Cal. Gov’t Code Sec. 54953(e)(4). Section 8265 of CESA in turn refers to a state of emergency proclaimed by the Governor.

A new requirement in AB 361 requires specific findings be reaffirmed at least every thirty (30) days in order for the City Council to continue to have the option for one (1) or more of its

members to use teleconferencing.

DISCUSSION
The Required Findings
The teleconference provisions in AB 361 may only be utilized as long as a Governorproclaimed state of emergency remains active, or while state or local officials have recommended measures to promote social distancing. When either of those is the case (both are true at this time), then in order to continue to teleconference using the new provisions of AB 361, the City Council must make the following findings by majority vote every 30 days:
(A) The City Council has reconsidered the circumstances of the state of emergency; and, (B) Either of the following circumstances exist:
i. The state of emergency continues to directly impact the ability of the members to meet safely in person; or
ii. State or local officials continue to impose or recommend measures to promote social distancing (Cal Gov’t Code Sec. 54953(e)(3))
To comply with that requirement, the recommended action would have the City Council find each of the following:

1. A state of emergency has been proclaimed by California’s Governor due to the COVID19 pandemic, and continues to be in effect; and,

2. The City Council has reconsidered the circumstances of the state of emergency; and,

3. State and local officials continue to recommend measures to promote social distancing to slow the spread of COVID-19.

The “Every 30 Days Thereafter” Requirement
As noted above, AB 361 findings must be made “no later than 30 days after teleconferencing for the first time pursuant to [AB 361], and every 30 days thereafter…” In order to preserve the option for the City Council or individual members of the City Council to participate in meetings during the pandemic via teleconference in the future, the City Council will have to adopt the required findings at least every 30 days.

Potential Consequence of Not Making the Findings Every 30 Days AB 361 does not expressly state what happens if a legislative body fails to make the required findings “every 30 days.” However, it expressly requires the timely re-approval of the findings “in order to continue to teleconference” in the manner that AB 361 authorizes.

As a result, if the City Council does not adopt the required findings every 30 days, then the City Council could be precluded from continuing to teleconference thereafter, perhaps even if the City Council was willing to adopt the findings at a later date. For this reason, the City Attorney recommends that the City Council adopt the required findings at this time and at least every 30 days thereafter, unless the City Council decides as a permanent matter that it will no longer

permit teleconferencing at all (e.g., regardless of whether the state of emergency worsens).

Procedural Requirements for The Conduct of Teleconference Meetings AB 361 contains several new requirements for the conduct of teleconference meetings with which the City has prepared to comply. Specifically, each meeting must:

1. Allow members of the public to attend and comment at the meeting via call-in option or internet-based service option; and,

2. Protect the statutory and constitutional rights of the parties and the public appearing before the legislative body; and,

3. In the event of disruption which prevents broadcasting the meeting or which prevents members of the public from offering public comments via the call-in or internet-based option, the City Council must take no further action until the disrupted public access is restored; and,

4. The City may not require public comments to be submitted in advance, and must offer the opportunity for the public to offer comments “in real time” during the meeting; and,

5. The public must be allowed “a reasonable amount of time per agenda item to allow members of the public to provide public comment, including time for members of the public to register [to log into the teleconference], or otherwise be recognized for the purpose of providing public comment.

FISCAL IMPACT
None.

Attachment: None

City of Los Alamitos

CITY COUNCIL AGENDA REPORT
MEETING DATE: January 23, 2023 ITEM NUMBER: 10C
To: Mayor Tanya Doby & Members of the City Council
Presented By: Craig Koehler, Director of Finance
Subject: 2023 Budget Calendar

SUMMARY
This report seeks to establish the 2023 budget calendar.

RECOMMENDATION
Approve the recommended budget calendar for 2023.

BACKGROUND
In accordance with the City’s Charter Section 1202 and 1203, the proposed budget shall be prepared and submitted to City Council “at least thirty-five (35) days prior to the beginning of each fiscal year.” After reviewing the budget and making revisions as it may deem advisable, “the City Council shall hold a public hearing on the proposed budget, at which interested persons desiring to be heard shall be given such opportunity.”

DISCUSSION
In order to provide ample time for review, analysis and revision of the fiscal year 2023-24 proposed budget, staff recommends the following meetings with the Budget Standing Committee (BSC) and City Council:

March 6th BSC - Mid-year review for FY 22/23
March 20th Regular City Council Meeting - Mid-year review for FY 2/23 budget April 10th BSC - Review #1 of FY 23/24 draft budget
May 8th BSC - Review #2 of FY 23/24 draft budget
May 15th Regular City Council Meeting - Presentation of draft budget FY 23/24 June 5th BSC - Review #3 of FY 23/24 draft budget (if needed) June 19th Regular City Council Meeting - Budget adoption (Public Hearing)

FISCAL IMPACT
None.

Attachment: None

City of Los Alamitos

CITY COUNCIL AGENDA REPORT
MEETING DATE: January 23, 2023 ITEM NUMBER: 10D
To: Mayor Tanya Doby & Members of the City Council
Presented By: Michael Claborn, Chief
Subject: Tobacco Grant Award

SUMMARY
The Office of the Attorney General established the California Department of Justice Tobacco Grant Program in 2017 to provide annual funds to local enforcement agencies throughout California. To date, the Tobacco Grant Program has distributed approximately $170 million in grant funding. Grant funding supports local law enforcement efforts to reduce the illegal sale of tobacco products to minors through education and enforcement as appropriate. For the 2022-2023 grant cycle, the Department of Justice has awarded the City of Los Alamitos Police Department $436,361. This funding will be used to support Los Alamitos Police Offices working to address the illegal sale of tobacco products to minors.

RECOMMENDATION

1. Adopt Resolution No. 2023-03 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF Los Alamitos, California, AUTHORIZING THE ACCEPTANCE OF GRANT FUNDS IN THE AMOUNT OF $436,361 FROM THE CALIFORNIA DEPARTMENT OF JUSTICE TOBACCO GRANT PROGRAM"; and,

2. Authorize the City Manager to enter into the Memorandum of Understanding for the Tobacco Grant Program (DOJ-PROP56-2022-23-1-020) with the California Department of Justice.

BACKGROUND
Any local public agency within the State of California that has authority to enforce tobaccorelated state laws or local ordinances is eligible to apply. This may include law enforcement agencies, cities, counties, public K-12 districts, and public college districts. Grantees may use grant funds to enforce a local ordinance or state law related to the illegal sale and marketing of tobacco products, including e-cigarettes, to minors and young people.

These enforcement efforts may include, but are not limited to:
• Retailer compliance checks
• Enforcement of flavor ban laws/ordinances
• Consumer protection enforcement
• Illegal online sales and marketing, including use of door-to-door delivery services • Retailer training programs
• Public education outreach
• Tobacco retail license inspections

DISCUSSION
Since inception, the California Department of Justice Tobacco Grant Program has provided sound fiscal support to law enforcement and other entities to address the sale of tobacco products to minors. The Tobacco Grant Program's award process is highly competitive. For the 2022-2023 grant cycle, the California Department of Justice received over $34 million in requested grant funding. With numerous businesses in the City of Los Alamitos that sell tobacco products, the awarded grant funding will provide the fiscal support necessary to maintain a robust program to address underage sales.

FISCAL IMPACT
The grant awarded to the City of Los Alamitos for the Tobacco Grant Program is $436,361.

These funds will be used to support education and enforcement efforts by the Police Department. No other funding should be necessary.

Attachment: 1. Resolution No. 2023-03 - Tobacco Grant

2. Exhibit A - Memorandum of Understanding

RESOLUTION NO. XXXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS

ALAMITOS, CALIFORNIA, AUTHORIZING THE ACCEPTANCE
OF GRANT FUNDS IN THE AMOUNT OF $436,361 FROM THE

CALIFORNIA DEPARTMENT OF JUSTICE TOBACCO GRANT

PROGRAM
WHEREAS, The City of Los Alamitos Police Department is interested in participating in the California Department of Justice Tobacco Grant Program to support local law enforcement efforts to reduce the illegal sale of tobacco products to minors; and, WHEREAS, following the Los Alamitos Police Department’s submittal of a proposal for the grant, the California Department of Justice offered to award $436,361 for the fiscal year 2022-2023 grant cycle; and,
WHEREAS, using the grant funds, the Los Alamitos Police Department will conduct proactive education and enforcement operations to address tobacco product sales to minors; and
WHEREAS, to be eligible for the grant funding the California Department of Justice Tobacco Grant Program requires the City Council to adopt a resolution approving the acceptance of grant funds.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS DOES RESOLVE AS FOLLOWS:

SECTION 1. The City Council hereby approves the acceptance of funds from the California Department of Justice Tobacco Grant Program in the amount of $436,361.

SECTION 2. The City Council hereby approves the expenditure of the California Department of Justice Tobacco Grant funds by the Police Department for the purposes set forth above.

SECTION 3. The City Council hereby authorizes the City Manager to execute the attached Memorandum of Understanding (Exhibit A) with the California Department of Justice regarding the disbursement of grant funds in and execute any and all related documents as may be necessary to receive grant funds and implement the Tobacco Grant Program.

PASSED, APPROVED, AND ADOPTED this 23rd day of January, 2023. _____________________________
Tanya Doby, Mayor

CC RESO 2023-XX

ATTEST:

Windmera Quintanar, MMC, City Clerk
APPROVED AS TO FORM:

Michael S. Daudt, City Attorney
Attachment: Memorandum of Understanding – Tobacco Grant Program

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.

CITY OF LOS ALAMITOS )
I, Windmera Quintanar, MMC, City Clerk, of the City of Los Alamitos, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council held on the 23rd day of January, 2023, by the following vote, to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
_______________________________
Windmera Quintanar, City Clerk, MMC

CALIFORNIA DEPARTMENT OF JUSTICE City of Los Alamitos Police Department Tobacco Grant Program DOJ-PROP56-2022-23-1-020

MEMORANDUM OF UNDERSTANDING

PURPOSE
This Memorandum of Understanding (“MOU”) is entered into by the Department of Justice (“Department”) and the City of Los Alamitos Police Department (“Grantee”), for the purpose of disbursing grant funds to Grantee for reimbursement of expenditures in compliance with the California Code of Regulations and the Fiscal Year 2022- 23 Grantee Handbook.

Commencing January 1, 2023, the California Code of Regulations, Title 11, Division 1, Chapter 5: Department of Justice Tobacco Grant Program (“TGP Regulations”) shall govern the policies and procedures of the Tobacco Grant Program.

The TGP Regulations, Request for Proposals, Grantee Handbook (dated April 2022), and Summary of Award document are hereby incorporated by reference into this MOU. Grantee will expend funds for the purposes identified in the approved Summary of Award document. Reimbursements are to be funded under the California Healthcare, Research and Prevention Tobacco Tax Act of 2016, approved by the voters as Proposition 56.

COST REIMBURSEMENT
The Department agrees to reimburse Grantee in arrears, for Grantee’s actual expenditures in performing the project or scope of work included in the approved Summary of Award document. Reimbursements will be made upon receipt of invoices from Grantee and approval of the invoices by the Department, in accordance with the reimbursement procedures set forth in the TGP Regulations and Grantee Handbook.

BUDGET CONTINGENCY CLAUSE
It is mutually agreed, if the Budget Act of the current fiscal year and/or any subsequent years covered under the MOU does not appropriate sufficient funds, the MOU shall be of no further force and effect. In the event this situation occurs, the Department shall have no liability to reimburse/pay any funds to Grantee, or to furnish any other considerations under this MOU. As well, Grantee shall not be obligated to continue performing the provisions of this MOU, for which the Grantee would have been reimbursed.

If funding for any fiscal year is reduced or deleted in the Budget Act for purposes of this MOU, the Department shall have the option to either cancel this MOU with no liability occurring to the Department, or offer an addendum to the Grantee to reflect the reduced amount.

PROJECT BREACH-TERMINATION
Failure of a Grantee to comply with this MOU or the TGP Regulations shall be treated by the Department as a breach of contract. If an act of noncompliance occurs, the Department may take actions described within the TGP Regulations, including termination. The Department may terminate this MOU and be relieved of any obligation to disburse grant funds to Grantee should Grantee fail to perform the scope of work at the time and in the manner provided in this MOU.

MISCELLANEOUS PROVISIONS
Addendum – No addendum or variation of the terms of this MOU is valid unless made in writing, and signed by the duly authorized representatives of the parties.

Assignment – This MOU is not assignable by Grantee in whole or in part.

Indemnification – Grantee agrees to indemnify and hold harmless the Department, its officers, agents and employees from all claims, liabilities, or losses in connection with the performance of this MOU.

CALIFORNIA DEPARTMENT OF JUSTICE City of Los Alamitos Police Department Tobacco Grant Program DOJ-PROP56-2022-23-1-020

TERMS
Grant Duration: 1/1/2023 – 6/30/2026
Award Amount
Category of Expenditure
Budget
FY 2022-
2023
Budget
FY 2023-
2024
Budget
FY 2024-
2025
Budget
FY 2025-
2026
Personal Services $129,083 $132,312 $135,620 $0
Operating Expenses and Equipment $7,989 $5,289 $5,289 $0 Administrative Costs (Not to Exceed
5%) $6,854 $6,880 $7,045 $0
TOTAL AWARD AMOUNT $436,361
The time limit for reimbursements against this award ends 6/30/2026. Requests for reimbursement received after 7/15/2026 cannot be considered by the Department.

GRANTEE CONTACT INFORMATION
Michael Claborn, Chief of Police
City of Los Alamitos Police Department
3201 Katella Avenue
Los Alamitos, CA 90720
(562) 431-2255 ext. 400
[email protected]

AUTHORIZATION
The Department and Grantee, by their duly authorized officials, have executed this MOU on the respective dates indicated below. This MOU and any future addendums shall be e-mailed to [email protected], care of the Division of Operations, Local Assistance Unit, Tobacco Grant Program, and will become fully executed upon completion of signatures from all parties.
___________________________________ ___________________ NAME: Date
Title:

Agency:
___________________________________ ___________________ NAME: Date
Title:

Agency:
___________________________________ ___________________ NAME: Date
Title:

Agency:

CALIFORNIA DEPARTMENT OF JUSTICE City of Los Alamitos Police Department Tobacco Grant Program DOJ-PROP56-2022-23-1-020

__________________________________ ___________________
SHAYNA RIVERA, Grant Manager Date
Division of Operations
California Department of Justice
___________________________________ ___________________ STACY HEINSEN, Administrative Manager Date
Division of Operations
California Department of Justice
__________________________________ ___________________
CHRIS RYAN, Chief Date
Division of Operations
California Department of Justice

City of Los Alamitos

CITY COUNCIL AGENDA REPORT
MEETING DATE: January 23, 2023 ITEM NUMBER: 11A
To: Mayor Tanya Doby & Members of the City Council
Presented By: Michael Claborn, Chief
Subject: Continuation of the Automated License Plate Reader Program

SUMMARY
The City of Los Alamitos has seen a significant increase in property crimes including catalytic converters and auto thefts. As a result, the Los Alamitos Police Department began looking at ways to improve its technology-based investigative capabilities utilizing Automated License Plate Readers (ALPR). On August 16, 2021, the Los Alamitos City Council approved a oneyear pilot program of twelve ALPR's that were installed at various entry and exit points in the city. The license plate data captured by the ALPR's has proven to be an invaluable investigative tool, helping our Detective Bureau identify suspect vehicles and stolen vehicles, resulting in an increase in arrests and solved crimes.

RECOMMENDATION

1. Approve the continuation of the Automated License Plate Reader Program; and,

2. Authorize the Mayor to enter into the Additional Services Agreement for Extended Data Retention for an additional amount of $3,600.00 per year.

BACKGROUND
The license plate information and vehicle specific data collected, when mined for investigative purposes, has proven invaluable when attempting to identify suspects, witnesses, vehicles associated with AMBER and SILVER Alerts, missing persons, and the efficient monitoring of registered sex offenders. ALPR’s also enhances productivity and improves officer safety.

ALPR’s are incredibly effective considering vehicle information (partial or full license plate, make, model, color, etc.) is captured and processed within seconds. Officers are immediately notified if the vehicle information matches our predetermined criteria such as stolen or other potential applications previously noted. Officers would receive these alerts via their Department issued iPhones or on their in-car computer terminals. West-Comm Dispatch also receives notifications and alerts our officers via radio.

ALPR's are used by police agencies throughout Orange County, as well as throughout the State of California and the United States. ALPR information can be shared and utilized by other agencies so that the Police Department receives an alert when a vehicle associated with an out of area crime enters the City of Los Alamitos. ALPR's have proven to be a forcemultiplier for regional law enforcement.

DISCUSSION
Some distinguishing features of the Flock Safety lease are that they charge a flat rate of $2,500 annually per camera. Each camera is mounted to existing infrastructure or a pole that is provided by Flock Safety. Flock Safety ALPR’s blend well with existing signage and are environmentally friendly.

Flock Safety ALPR’s operate on a 100% cloud-based Criminal Justice Information Services (CJIS compliant) platform, thus removing the need for costly in-house servers. The Flock Safety lease takes the burden of equipment maintenance and upgrades from the City, thus resulting in no additional work for our personnel or unforeseen costs.

Flock ALPR’s are deployed by local law enforcement in Huntington Beach, Fullerton, Stanton, Placentia, and Lake Forest. All of these agencies continue to report great success with Flock, with each noting ease of use for officers, timely and effective suspect vehicle alerts, and prompt and responsive support from Flock. All agencies report they are adding additional ALPR’s to their current programs. We have received the same level of responsive customer service from Flock Safety as well.

ALPR data will be managed in accordance with current law and Department policy. Ultimately, the Support Services Captain will maintain administrative rights to ensure access to data is within policy, and all applicable laws regarding audits and data management are strictly followed. The Additional Service Agreement will include extended data retention for an additional annual cost of $3,600. Bringing the total annual cost for the program to $33,600 per year.

FISCAL IMPACT
The annual cost of the lease is $33,600. Sufficient funds have been allocated for this program in the Special Revenue Fund 51, Police Capital, account 51-525-5420.

Attachment: 1. Extended Data Retention Agreement

2. Exhibit A - Flock Safety Agreement (2021)

1741327.1
FLOCK GROUP INC.

ADDITIONAL SERVICES AGREEMENT

This Additional Services Agreement combined with the existing Government Agency Customer Agreement (“Agency Agreement”) attached hereto as Exhibit “A” and incorporated herein by this reference describe the relationship between Flock Group Inc. (“Flock”) and the government agency identified below (“Agency”) (each, a “Party” and together, the “Parties”).

Except as expressly modified below, this Additional Services Agreement hereby incorporates and includes the terms of the existing Agency Agreement (the “Terms”) which describe and set forth the general legal terms governing the relationship between Flock and Agency. The Terms contain, among other things, warranty disclaimers, liability limitations and use limitations. Capitalized terms used herein and not otherwise defined shall have the meanings ascribed to them in the Agency Agreement.

This Additional Services Agreement will be effective when executed by both Parties (the “Effective Date”).

Agency: City of Los Alamitos

Contact Name: Wayne Byerley
Address:
3191 Katella Ave
Los Alamitos, CA 90720
Phone: 714-336-5533
E-Mail: [email protected]

Expected Payment Method:
\FSExpectedPaymentMethod1\
Billing Contact: \FSBillingContact1\
(if different than above)

Initial Term: 12 months
Renewal Term: 12 months
Billing Term: Annual payment due Net 30 per terms and
conditions
Sales tax will be added to all fees as applicable. If your organization is tax exempt, please check this box:
and email your Sales Tax Exemption Certificate to [email protected].

I. Additional Document Retention Services and Pricing. Pursuant to this Additional Services Agreement, Flock will retain and make available to Agency’s designated administrator and Authorized End Users (to the extent they have access) all automatic license plate detection image records and Footage for three-hundred-sixty-five (365) days. The pricing for such additional document retention services is set below:

II. Amendments to the Agency Agreement.
a. Section 2.1 (Provision of Access) of the Agency Agreement is hereby amended to specify that the Footage will be available for Agency’s designated administrator, listed on the Order Form, and any Authorized End Users who have access via the Web Interface for three-hundred-sixty-five (365) days. b. Section 4.2 (Agency and Non-Agency End User Data) of the Agency Agreement is hereby amended to specify that Flock may only delete Footage older than three-hundred-sixty-five (365) days. Further, Agency shall have a 365- day window to view, save and/or transmit Footage prior to its deletion.

Name Price/Usage Fee QTY Subtotal
Extended data retention $300.00 12.00 $3,600.00
(Includes one-time fees)
Year 1 Total: $3,600.00

Recurring Total: $3,600.00

1741327.1
c. Full Force and Effect. Except for the changes and modifications expressly described in this Additional Services Agreement, all other Terms and conditions of the Agency Agreement shall remain in full force and effect. \ IN WITNESS WHEREOF, the Parties have executed this Additional Services Agreement as of the dates set forth below.

FLOCK GROUP, INC. Agency: City of Los Alamitos
By: __________________________________
Name: __________________________________
Title: ___________________________________
Stle1\Signed2\ \FSDateSigned1\
Date: ___________________________________
By:

Tanya Doby, Mayor
ATTEST:

By:

Windmera Quintanar, MMC, City Clerk
APPROVED AS TO FORM:

By:

Michael S. Daudt, City Attorney

1741327.1
Exhibit “A”
Government Agency Customer Agreement

DocuSign Envelope ID: 115516E5- 4D0D- 4E39- B325- 51 EA5D97948D fH' ock safety
FLOCK GROUP INC.

SERVICES AGREEMENT

ORDER FORM
This Order Form together with the Terms( as defined herein) describe the relationship between Flock Group Inc. (" Flock") and the customer identified below(" Customer")( each of Flock and Customer, a" Party"). This order form(" Order Form") hereby incorporates and includes the" GOVERNMENT AGENCY CUSTOMER AGREEMENT" attached( the" Terms") which describe and set forth the general legal terms governing the relationship( collectively, the" Agreement" ). The Terms contain, among other things, warranty disclaimers, liability limitations and use limitations.

The Agreement will become effective when this Order Form is executed by both Parties( the" Effective Date").

Customer: City of Los Alamitos Contact Name: Wayne Byerley Address:
3191 Katella Ave
Phone: 714- 336- 5533
Los Alamitos, CA. 90720
E- Mail: wbyerley@cityoflosalamitos. org
Expected Payment Method: Billing Contact:
if different than above)
Initial Term: 12 Months Billing Term: Annual payment due Net 30 per terms and Renewal Term: 12 Months conditions
Name Price QTY Subtotal
Includes one- time fees)
Flock Falcon Camera 2, 500. 00 12 30, 000. 00
Implementation Fee ( Public) 250. 00 12 3, 000. 00
Year 1 Total $ 33, 000. 00
1613128. 1

DocuSign Envelope ID: 115516E5- 4D0D- 4E39- B325- 51 EA5D97948D flock safety
Recurring Total: 30000
Special terms:

None
By executing this Order Form, Customer represents and warrants that it has read and agrees all of the terms and conditions contained in the Terms attached. The Parties have executed this Agreement as of the dates set forth below.

City of Los Alamitos
DocuSigned by:
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Mark A7 Byn. 6 .
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A4FE... 8/ 19/ 1021
Mayor
APPROVED AS TO FORM. ATTEST:

Woodruff, Spradlin & Smart, APC
By.

DocuSigned by: DocuSigned by:

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D2Ao22coc40r410... By', ( illiln ,+ tt va ailn.fala.av
8/ 19/ 2021
3BCC2C04CA0402..
19 ZOZ1 Michael S. DaudtWindmera Quintanar, MMC /
City Attorney City Clerk
Flock Safety, Inc.

DocuSigned by:
fc- L,04t ) c-LnaI
Bye- 4
Langley
Secretary
46'
DocuSigned by:

BY lea ra kaSt- ( Jut, P ttLtn.IAL- oi(,t, V'
00120A70004DC...
8/ 18/ 2021 Alex Latraverse
Chief Revenue Officer
1613128. 1

DocuSign Envelope ID: 115516E5- 4DOD- 4E39-B325- 51 EA5D97948D fl'ock safety

EXHIBIT A
Statement of Work
Installation of Flock Camera on existing{ pole or Flock- supplied pole if required 1613128. 1

DocuSign Envelope ID: 115516E5- 4D0D- 4E39- B325- 51EA5D97948D ft'ock safety

GOVERNMENT AGENCY CUSTOMER AGREEMENT
This Government Agency Agreement( this" Agreement") is entered into by and between Flock Group, Inc. with a place of business at 1170 Howell Mill Rd NW Suite 210, Atlanta, GA 30318(" Flock") and the police department or government agency identified in the signature block below(" Agency")( each a" Party," and together, the" Parties").

RECITALS
WHEREAS, Flock offers a software and hardware solution for automatic license plate detection through Flock' s technology platform( the" Flock Service"), and upon detection, the Flock Service creates images and recordings of suspect vehicles(" Footage") and can provide notifications to Agency upon the instructions of NonAgency End User(" Notifications"); WHEREAS, Agency desires to purchase, use and/ or have installed access to the Flock Service in order to create, view, search and archive Footage and receive Notifications, including those from non-Agency users ofthe Flock System( where there is an investigative purpose) such as schools, neighborhood homeowners associations, businesses, and individual users;
WHEREAS, except as otherwise required by law, because Footage is stored for no longer than thirty) 30 days in compliance with Flock' s records retention policy, Agency is responsible for extracting, downloading and archiving Footage from the FlockSystem on its own storage devices; and WHEREAS, Flock desires to provide Agency the Flock Service and any access thereto, subject to the terms and conditions of this Agreement, solely for the purpose of crime awareness and prevention by police departments and archiving for evidence gathering(" Purpose").

AGREEMENT
NOW, THEREFORE, Flock and Agency agree as follows and further agree to incorporate the Recitals into this Agreement.

1. DEFINITIONS
Certain capitalized terms, not otherwise defined herein, have the meanings set forth or cross-referenced in this Section 1.

1. " Authorized End User" shall mean any individual employees, agents, or contractors of Agency accessing or using the Flock Services through the Web Interface, under the rights granted to Agency pursuant to this Agreement.

1. 2" Agency Data" will mean the data, media and content provided by Agency through the Flock Services. For the avoidance of doubt, the Agency Data will include the Footage and geolocation information and environmental data collected by sensors built into the Units.

1. 3 " Documentation" will mean text and/ or graphical documentation, whether in electronic or printed format, that describe the features, functions and operation of the Flock Services which are provided by Flock to Agency in accordance with the terms of this Agreement.

1. 4" Embedded Software" will mean the software and/ or firmware embedded or preinstalled on the Hardware.

1. 5" Flock IF"will mean the Flock Services, the Documentation, the Hardware, the Embedded Software, the Installation Services, and any and all intellectual property therein or otherwise provided to Agency and/ or its Authorized End Users in connection with the foregoing.

1. 6" Footage" means still images and/ or video captured by the Hardware in the course of and provided via the Flock Services.
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1. 7" Hardware" shall mean the Flock cameras and any other physical elements that interact with the Embedded Software and the Web Interface to provide the Flock Services. The term" Hardware" excludes the Embedded Software.

1. 8 " Implementation Fee( s)" means the monetary fees associated with the Installation Services, as defined in Section 1. 9 below.

1. 9" Installation Services" means the services provided by Flock regarding the installation, placements and configuration of the Hardware, pursuant to the Statement ofWork attached hereto.

1. 10" Flock Services or Services" means the provision, via the Web Interface, of Flock' s software application for automatic license plate detection, searching image records, and sharing Footage.

1. 11 " Non- Agency End User" means a Flock' s non- Agency customer that has elected to give Agency access to its data in the Flock system.

1. 12 " Non Agency End User Data" means the Footage, geolocation data, environmental data and/ or notifications of a Non-Agency End User.

1. 13" Unit(s)" shall mean the Hardware together with the Embedded Software.

1. 14" Usage Fee" means the subscription fees to be paid by the Agency for ongoing access to Flock Services and Hardware.

1. 15" Support Services" shall mean On-site Services and Monitoring Services, as defined in Section 2. 9 below.

1. 16" Web Interface" means the website( s) or application( s) through which Agency and its Authorized End Users can access the Flock Services in accordance with the terms of this Agreement.

2. FLOCK SERVICES AND SUPPORT

2. 1 Provision of Access. Subject to the terms of this Agreement, Flock hereby grants to Agency a non- exclusive, non-transferable right to access the features and functions of the Flock Services via the Web Interface during the Service Term( as defined in Section 6. 1) and No-Fee Term, solely for the Authorized End Users. The Footage will be available for Agency' s designated administrator, listed on the Order Form, and any Authorized End Users to access via the Web Interface for thirty( 30) days. Authorized End Users will be required to sign up for an account, and select a password and username(" User ID"). Flock will also provide Agency the Documentation to be used in accessing and using the Flock Services. Agency shall be responsible for all acts and omissions of Authorized End Users, and any act or omission by an Authorized End User which, if undertaken by Agency, would constitute a breach ofthis Agreement, shall be deemed a breach of this Agreement by Agency. Agency shall undertake reasonable efforts to make all Authorized End Users aware ofthe provisions of this Agreement as applicable to such Authorized End User' s use of the Flock Services and shall cause Authorized End Users to comply with such provisions. Flock may use the services of one or more third parties to deliver any part of the Flock Services, including without limitation using a third party to host the Web Interface which the Flock Services makes available to Agency and Authorized End Users. Flock will passthrough any warranties that Flock receives from its then current third-party service provider to the extent that such warranties can be provided to Agency. WARRANTIES PROVIDED BY SUCH THIRD PARTIES, ARE

THE AGENCY' S SOLE AND EXCLUSIVE REMEDY ANDFLOCK' S SOLE AND EXCLUSIVE LIABILITY

WITH REGARD TO SUCH THIRD-PARTY SERVICES,
INCLUDING WITHOUT LIMITATION HOSTING THE WEB INTERFACE. To the extent practicable, Agency agrees to comply with any acceptable use policies and other terms of any third-party service provider that are provided or otherwise made available to Agency from time to time.

2. 2 Embedded Software License. Subject to all terms ofthis Agreement, Flock grants Agency a limited, nonexclusive, non- transferable, non- sublicensable( except to the Authorized End Users), revocable right to use the Embedded Software as installed on the Hardware by Flock; in each case, solely as necessary for Agency to use the Flock Services.
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2. 3 Documentation License. Subject to the terms ofthis Agreement, Flock hereby grants to Agency a nonexclusive, non- transferable right and license to use the Documentation during the Service Term in connection with its use of the Flock Services as contemplated herein, and under Section 2. 4, below.

2. 4 Usage Restrictions. The purpose for usage of the Hardware, Documentation, Services, support, and the Flock IP is solely to facilitate gathering evidence that could be used in a lawful criminal investigation by the appropriate government agency and not for tracking activities that the system is not designed to capture(" Permitted Purpose").

Agency will not, and will not permit any Authorized End Users to,( i) copy or duplicate any ofthe Flock IP; (ii) decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from which any software component of any of the Flock IP is compiled or interpreted, or apply any other process or procedure to derive the source code of any software included in the Flock IP, or attempt to do any of the foregoing, and Agency acknowledges that nothing in this Agreement will be construed to grant Agency any right to obtain or use such source code;( iii) modify, alter, tamper with or repair any of the Flock IP, or create any derivative product from any of the foregoing, or attempt to do any of the foregoing, except with the prior written consent of Flock;( iv) interfere or attempt to interfere in any manner with the functionality or proper working of any of the Flock IP;( v) remove, obscure, or alter any notice of any intellectual property or proprietary right appearing on or contained within any of the Flock Services or Flock IP;( vi) use the Services, support, Hardware, Documentation or the Flock IP for anything other than the Permitted Purpose; or( vii) assign, sublicense, sell, resell, lease, rent or otherwise transfer or convey, or pledge as security or otherwise encumber, Agency' s rights under Sections 2. 1, 2. 2, or 2. 3.

2. 5 Retained Rights; Ownership. As between the Parties, subject to the rights granted in this Agreement, Flock and its licensors retain all right, title and interest in and to the Flock IP and its components, and Agency acknowledges that it neither owns nor acquires any additional rights in and to the foregoing not expressly granted by this Agreement. Agency further acknowledges that Flock retains the right to use the foregoing for any purpose in Flock' s sole discretion. There are no implied rights.

2.6 Suspension. Notwithstanding anything to the contrary in this Agreement, Flock may temporarily suspend Agency' s and any Authorized End User' s access to any portion or all ofthe Flock IP if(i) Flock reasonably determines that( a) there is a threat or attack on any of the Flock IP;( b) Agency' s or any Authorized End User' s use of the Flock Service disrupts or poses a security risk to the Flock Service or any other customer or vendor of Flock; c) Agency or any Authorized End User is/ are using the Flock IP for fraudulent or illegal activities;( d) Flock' s provision of the Flock Services to Agency or any Authorized End User is prohibited by applicable law;( e) any vendor of Flock has suspended or terminated Flock' s access to or use of any third party services or products required to enable Agency to access the Flock IP; or( f)Agency has violated any term ofthis provision, including, but not limited to, utilizing the Flock Services for anything other than the Permitted Purpose( each such suspension, in accordance with this Section 2. 6, a" Service Suspension"). Flock will make commercially reasonable efforts, circumstances permitting, to provide written notice of any Service Suspension to Agency( including notices sent to Flock' s registered email address) and to provide updates regarding resumption of access to the Flock IP following any Service Suspension. Flock will use commercially reasonable efforts to resume providing access to the Flock Service as soon as reasonably possible after the event giving rise to the Service Suspension is cured. Flock will have no liability for any damage, liabilities, losses( including any loss of data or profits) or any other consequences that Agency or any Authorized End User may incur as a result of a Service Suspension. To the extent that the Service Suspension is not caused by Agency' s direct actions or by the actions of parties associated with the Agency, the expiration ofthe Term will be tolled by the duration of any suspension( for any continuous suspension lasting at least one full day).

2. 7 Installation Services.

2. 7. 1 Designated Locations. Prior to performing the physical installation of the Units, Flock shall advise Agency on the location and positioning ofthe Units for optimal license plate image capture, as conditions and location allow. While Flock will provide advice regarding the location and positioning of sch Unit, Agency will have the ultimate decision regarding the location, position and angle ofthe Units( each Unit location so designated by Agency, a" Designated Location"). Flock shall have no liability to Agency resulting from any poor performance, functionality or Footage resulting from or otherwise relating to the Designated Locations or delay in installation due to Agency' s delay in identifying the choices for the Designated Locations, in ordering and/ or having the Designated Location ready for installation including having all electrical work preinstalled and permits ready. Designated Locations that are suggested by Flock and accepted by Agency without alteration will be known as Flock Designated Locations. After a deployment plan with Designated Locations
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and equipment has been agreed upon by both Flock and the Agency, any subsequent changes to the deployment plan Reinstalls") driven by Agency' s request will incur a charge for Flock' s then- current list price for Reinstalls, as listed in the then- current Reinstall Policy ( available at https:// www.flocksafety. com/ reinstall- fee- schedule) and any equipment charges. These changes include but are not limited to camera re- positioning, adjusting of cameramounting, re- angling, removing foliage, camera replacement, changes to heights of poles, regardless of whether the need for Reinstalls related to vandalism, weather, theft, lack of criminal activity in view, and the like.

2. 7. 2 Agency' s Installation Obligations. Agency agrees to allow Flock and its agents reasonable access in and near the Designated Locations at all reasonable times upon reasonable notice for the purpose of performing the installation work, the" Agency Installation Obligations" include, to the extent required by the deployment plan, but are not limited to electrical work to provide a reliable source of 120V AC power that follow Flock guidelines and comply with local regulations if adequate solar exposure is not available. Agency is solely responsible for( i) any permits or associated costs, and managing the permitting process; ( ii) any federal, state or local taxes including property, license, privilege, sales, use, excise, gross receipts or other similar taxes which may now or hereafter become applicable to, measured by or imposed upon or with respect to the installation of the Hardware, its use, or iii) any other services performed in connection with installation ofthe Hardware. Flock will provide options to supply power at each Designated Location. If Agency refuses alternative power supply options, Agency agrees and understands that Agency will not be subject to any reimbursement, tolling, or credit for any suspension period of Flock Services due to low solar. Flock will make all reasonable efforts within their control to minimize suspensionof Flock Services. Any fees payable to Flock exclude the foregoing. Without being obligated or taking any responsibility for the foregoing, Flock may pay and invoice related costs to Agency ifAgency did not address them prior to the execution ofthis Agreement or a third party requires Flock to pay. Agency represents and warrants that it has all necessary right title and authority and hereby authorizes Flock to install the Hardware at the Designated Locations and to make any necessary inspections or tests in connection with such installation.

2. 7. 3 Flock' s Installation Obligations. The Hardware shall be installed in a workmanlike manner in accordance with Flock' s standard installation procedures, and the installation will be completed within a reasonable time from the time that the Designated Locations are selected by Agency. Following the initial installation of the Hardware and any subsequent Reinstalls or maintenance operations, Flock' s obligation to perform installation work shall cease; however, Flock will continue to monitor the performance of the Units for the length of the Term and will receive access to the Footage for a period of three( 3) business days after the initial installation in order to monitor performance and provide any necessary maintenance solely as a measure of quality control. Agency can opt out of Flock' s access to Footage after the initial installation which would waive Flock' s responsibility to ensure such action was successful. Agency understands and agrees that the Flock Services will not function without the Hardware. Labor may be provided by Flock or a third party.

2. 7. 4 Security Interest. The Hardware shall remain the personal property of Flock and will be removed upon the termination or expiration of this Agreement. Agency agrees to perform all acts which may be necessary to assure the retention of title of the Hardware by Flock. Should Agency default in any payment for the Flock Services or any part thereof or offer to sell or auction the Hardware, then Agency authorizes and empowers Flock to remove the Hardware or any part thereof. Such removal, if made by Flock, shall not be deemed a waiver ofFlock' s rights to any damages Flock may sustain as a result of Agency' s default and Flock shall have the right to enforce any other legal remedy or right.

2. 8 Hazardous Conditions. Unless otherwise stated in the Agreement, Flock' s price for its services under this Agreement does not contemplate work in any areas that contain hazardous materials, or other hazardous conditions, including, without limit, asbestos, lead, toxic or flammable substances. In the event any such hazardous materials are discovered in the designated locations in which Flock is to perform services under this Agreement, Flock shall have the right to cease work immediately in the area affected until such materials are removed or rendered harmless.

Any additional expenses incurred by Flock as a result of the discovery or presence of hazardous material or hazardous conditions shall be the responsibility ofAgency and shall be paid promptly upon billing.

2. 9 Support Services. Subject to the payment offees, Flock shall monitor the performance and functionality of Flock Services and may, from time to time, advise Agency on changes to the Flock Services, Installation Services, or the Designated Locations which may improve the performance or functionality ofthe Services or may improve the quality ofthe Footage. The work, its timing, and the fees payable relating to such work shall be agreed by the Parties prior to any alterations to or changes of the Services or the Designated Locations(" Monitoring Services"). Subject to the terms hereof, Flock will provide Agency with reasonable technical and on- site support and maintenance 1613128. 1

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services(" On-Site Services") in- person or by email at [email protected]. Flock will use commercially reasonable efforts to respond to requests for support.

2. 10 Changes to Platform. Flock Safety may, in its sole discretion, make any changes to any system or platform that it deems necessary or useful to( i) maintain or enhance( a) the quality or delivery of Flock Safety' s products or services to its customers,( b) the competitive strength of,or market for, Flock Safety' s products or services,( c) such platform or system' s cost efficiency or performance, or( ii) to comply with applicable law.

3. AGENCY RESTRICTIONS AND RESPONSIBILITIES

3. 1 Agency Obligations. Upon creation of a User ID, Agency agrees to provide Flock with accurate, complete, and updated registration information. Agency may not select as its User ID a name that Agency does not have the right to use, or another person' s name with the intent to impersonate that person. Agency may not transfer its account to anyone else without prior written permission of Flock. Agency will not share its account or password with anyone, and must protect the security of its account and password. Agency is responsible for any activity associated with its account. Agency shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services. Agency will, at its own expense, provide assistance to Flock, including, but not limited to, by means of access to, and use of, Agency facilities, as well as by means of assistance from Agency personnel, to the limited extent any of the foregoing may be reasonably necessary to enable Flock to perform its obligations hereunder, including, without limitation, any obligations with respect to Support Services or any Installation Services.

3. 2 Agency Representations and Warranties. Agency represents, covenants, and warrants that Agency will use the Services only in compliance with this Agreement and all applicable laws and regulations, including but not limited to any laws relating to the recording or sharing of video, photo, or audio content and retention thereof. Although Flock has no obligation to monitor Agency' s use ofthe Services, Flock may do so and may prohibit any use ofthe Services it believes may be( or alleged to be) in violation of the foregoing.

4. CONFIDENTIALITY; AGENCY DATA; NON- AGENCY DATA

4. 1 Confidentiality. Each Party( the" Receiving Party") understands that the other Party( the" Disclosing Party") has disclosed or may disclose business, technical or financial information relating to the Disclosing Party' s business hereinafter referred to as" Proprietary Information" ofthe Disclosing Party). Proprietary Information of Flock is non- public information including but not limited to features, functionality, designs, user interfaces, trade secrets, intellectual property, business plans, marketing plans, works of authorship, hardware, customer lists and requirements, and performance of the Flock Services. Proprietary Information of Agency includes non- public Agency Data, Non- Agency End User Data, and data provided by Agency or a Non- Agency End User to Flock or collected by Flock via the Unit, including the Footage, to enable the provision ofthe Services. The Receiving Party shall not disclose, use, transmit, inform or make available to any entity, person or body any of the Proprietary Information, except as a necessary part of performing its obligations hereunder, and shall take all such actions as are reasonably necessary and appropriate to preserve and protect the Proprietary Information and the parties' respective rights therein, at all times exercising at least a reasonable level of care. Each party agrees to restrict access to the Proprietary Information ofthe other party to those employees or agents who require access in order to perform 1613128. 1 Page 65 of 406
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hereunder. The Receiving Party agrees:( i) to take the same security precautions to protect against disclosure or unauthorized use of such Proprietary Information that the party takes with its own proprietary information, but in no event will a party apply less than reasonable precautions to protect such Proprietary Information, and( ii) not to use except in performance ofthe Services or as otherwise permitted herein) or divulge to any third person any such Proprietary Information. Flock' s use of the Proprietary Information may include processing the Proprietary Information to send Agency Notifications or alerts, such as when a car exits Agency' s neighborhood, or to analyze the data collected to identify motion or other events.

The Disclosing Party agrees that the foregoing shall not apply with respect to any information that the Receiving Party can document( a) is or becomes generally available to the public, or( b) was in its possession or known by Receiving Party prior to receipt from the Disclosing Party, or( c) was rightfully disclosed to Receiving Party without restriction by a third party, or( d) was independently developed without use of any Proprietary Information ofthe Disclosing Party.

Nothing in this Agreement will prevent the Receiving Party from disclosing the Proprietary Information pursuant to any subpoena, summons, judicial order or otherjudicial or governmental process including without limitation responding to requests for records in accordance with the California Public Records Act, provided that the Receiving Party gives the Disclosing Party reasonable prior notice of such disclosure to obtain— at the Disclosing Party' s sole cost and expense— a protective order or otherwise opposethe disclosure. For clarity, Flock may access, use, preserve and/ or disclose the Footage to law enforcement authorities, government officials, and/ or third parties, iflegally required to do so or ifFlock has a good faith belief that such access, use, preservation or disclosure is reasonably necessary to: ( a) comply with a legal process or request;( b) enforce this Agreement, including investigation of any potential violation thereof;( c) detect, prevent or otherwise address security, fraud or technical issues; or( d) protect the rights, property or safety of Flock, its users, a third party, or the public as required or permitted by law, including respond to an emergency situation. Having received notice prior to data being deleted, Flock may store Footage in order to comply with a valid court order but such retained Footage will not be retrievable without a valid court order.

4. 2 Agency and Non- Agency End User Data. As between Flock and Agency, all right, title and interest in the Agency Data and Non-Agency End User Data, belong to and are retained solely by Agency. Agency hereby grants to Flock a limited, non-exclusive, royalty-free, worldwide license to use the Agency Data and Non-Agency End User Data and perform all acts with respect to the Agency Data and Non-Agency End User Data as may be necessary for Flock to provide the Flock Services to Agency, including without limitation the Support Services set forth in Section 2. 9 above, and a non- exclusive, perpetual, irrevocable, worldwide, royalty- free, fully paid license to use, reproduce, modify and distribute the Agency Data and Non- Agency End User Data as a part of the Aggregated Data( as defined in Section 4. 4 below). As between Flock and Agency, Agency is solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of all Agency Data and Non-Agency End User Data. As between Agency and Non- Agency End Users that have prescribed access of Footage to Agency, each of Agency and Non-Agency End Users will share all right, title and interest in the Non-Agency End User Data. This Agreement does not by itself make any Non- Agency End User Data the sole property or the Proprietary Information of Agency. Flock will automatically delete Footage older than thirty( 30) days. Agency has a thirty( 30) day window to view, save and/ or transmit Footage to the relevant government agency prior to its deletion.

4. 3 Feedback. IfAgency provides any suggestions, ideas, enhancement requests, feedback, recommendations or other information relating to the subject matter hereunder, Agency hereby assigns( and will cause its agents and representatives to assign) to Flock all right, title and interest( including intellectual property rights) with respect to or resulting from any of the foregoing.

4.4 Aggregated Data. Notwithstanding anything in this Agreement to the contrary, Flock shall have the right to collect and analyze data that does not refer to or identify Agency or any individuals or de- identifies such data and other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies( including, without limitation, information concerning Agency Data and data derived therefrom). For the sake of clarity, Aggregated Data is compiled anonymous data which has been stripped of any personal identifying information. Agency acknowledges that Flock will be compiling anonymized and/ or aggregated data based on Agency Data and Non- Agency End User Data input into the Services( the" Aggregated Data"). Agency hereby grants Flock a non- exclusive, worldwide, perpetual, royalty- free right and license( during and after the Service Term hereof) to( i) use and distribute such Aggregated Data to improve and enhance the Services and for other marketing, development, diagnostic and corrective purposes, other Flock offerings, and crime prevention efforts, and( ii) disclose the Agency Data and Non- Agency End User Data( both inclusive of any Footage) to enable law enforcement monitoring against law enforcement hotlists as well as provide Footage search 1613128. 1 Page 66 of 406
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access to law enforcement for investigative purposes only. No rights or licenses are granted except as expressly set forth herein.

5. PAYMENT OF FEES

5. 1 Fees. Agency will pay Flock the first Usage Fee, the Implementation Fee and any fee for Hardware( as described on the Order Form, together the" Initial Fees") as set forth on the Order Form on or before the 7th day following the Effective Date of this Agreement. Flock is not obligated to commence the Installation Services unless and until the Initial Fees have been made and shall have no liability resulting from any delay related thereto. Agency shall pay the ongoing Usage Fees set forth on the Order Form with such Usage Fees due and payable thirty( 30) days in advance of each payment period. All payments will be made by either ACH, check, or credit card. The first month of Flock Services corresponding to the first Usage Fee payment will begin upon the first installation of Hardware.

For Agencies who purchase ten( 10) or more Units, in the event that only a portion of the Units are installed at the first installation with additional Units to be installed at a later date, Usage Fees shall be calculated on a pro rata basis corresponding to the then- installed Units. Agencies will be invoiced for the additional Units immediately upon installation ofthe remaining Units.

5. 2 Changes to Fees. Flock reserves the right to change the Fees or applicable charges and to institute new charges and Fees at the end ofthe Initial Term or any Renewal Term, upon sixty( 60) days' notice prior to the end of such Initial Term or Renewal Term( as applicable) to Agency( which may be sent by email). If Agency believes that Flock has billed Agency incorrectly, Agency must contact Flock no later than sixty( 60) days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit.

Inquiries should be directed to Flock' s customer support department. Agency acknowledges and agrees that a failure to contact Flock within this sixty( 60) day period will serve as a waiver of any claim Agency may have had as a result of such billing error.

5. 3 Invoicing, Late Fees; Taxes. Flock may choose to bill through an invoice, in which case, full payment for invoices issued in any given month must be received by Flock thirty( 30) days after the mailing date ofthe invoice.

Unpaid amounts are subject to a finance charge of 1. 5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection, and may result in immediate termination of Service. To the extent allowable by law or Agency regulations pertaining to tax- exempt entities, Agency shall be responsible for all taxes associated with Services other than U.S. taxes based on Flock' s net income.

5. 4 No-Fee Term Access. Subject to Flock' s record retention policy, Flock offers complimentary access to the Flock System for thirty( 30) days(" No Fee Term") to Agency when Non- Agency End Users intentionally prescribe access or judicial orders mandate access to Non- Agency End User Data. Agency agrees to pay the Initial Fees and Usage Fees according to Section 5. 1 and will receive Flock' s complimentary access to the Flock Service and Footage for no additional cost. Should such access cause Flock to incur internal or out- of-pocket costs that are solely the result ofthe access, Flock reserves the right to invoice these costs to Agency under Section 5. 3 and Agency agrees to pay them. The complimentary No- Fee Term access to Flock Services shall survive the expiration or termination of this Agreement for five( 5) years unless Agency provides written notice of the intent to cancel access to Flock Services.

6. TERM AND TERMINATION

6. 1 Term. Subject to earlier termination as provided below, the initial term of this Agreement shall be for the period of time set forth on the Order Form( the" Initial Term"). Following the Initial Term, unless otherwise indicated on the Order Form, this Agreement will automatically renew for successive renewal terms for the greater of one year and the length set forth on the Order Form( each, a" Renewal Term", and together with the Initial Term, the Service Term") unless either party gives the other party notice of non- renewal at least thirty( 30) days prior to the end of the then- current term.

6. 2 Agency Satisfaction Guarantee. At any time during the agreed upon term, an Agency not fully satisfied with the service or solution may self-elect to terminate their contract. Self-elected termination will result in a one- time fee of actual cost of removal and labor, said cost not to exceed$ 500 per camera. Upon self-elected termination, a refund will be provided, prorated for any fees paid for the remaining Term length set forth previously. Self-termination of 1613128. 1 Page 67 of 406
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the contract by the Agency will be effective immediately. Flock will remove all equipment at Flock' s own convenience, within a commercially reasonable period upon termination. Advance written notice will be provided.

6. 3 Termination. In the event of any material breach of this Agreement, the non- breaching party may terminate this Agreement prior to the end ofthe Service Term by giving thirty( 30) days prior written notice to the breaching party; provided, however, that this Agreement will not terminate ifthe breaching party has cured the breach prior to the expiration of such thirty-day period. Either party may terminate this Agreement, without notice,( i) upon the institution by or against the other party of insolvency, receivership or bankruptcy proceedings,( ii) upon the other party' s making an assignment for the benefit of creditors, or( iii) upon the other party' s dissolution or ceasing to do business. Upon termination for Flock' s material breach, Flock will refund to Agency a pro- rata portion of the prepaid Fees for Services not received due to such termination.

6.4 Effect of Termination. Upon any termination ofthe Service Term, Flock will collect all Units, delete all Agency Data, terminate Agency' s right to access or use any Services, and all licenses granted by Flock hereunder will immediately cease. Agency shall ensure that Flock is granted access to collect all Units and shall ensure that Flock personnel does not encounter Hazardous Conditions in the collection of such units. Upon termination of this Agreement, Agency will immediately cease all use of Flock Services.

6. 5 No- Fee Term. The initial No- Fee Term will extend, after entering into this Agreement, for thirty( 30) days from the date a Non- Agency End User grants access to their Footage and/ or Notifications. In expectation of repeated noncontinuous No-Fee Terms, Flock may in its sole discretion leave access open for Agency' s Authorized End Users despite there not being any current Non-Agency End User authorizations. Such access and successive No-Fee Terms are deemed to be part of the No- Fee Term. Flock, in its sole discretion, can determine not to provide additional No- Fee Terms or can impose a price per No- Fee Term upon thirty( 30) days' notice. Agency may terminate any No- Fee Term or access to future No- Fee Terms upon 30 days' notice.

6. 6 Survival. The following Sections will survive termination: 2. 4, 2. 5, 3, 4, 5( with respect to any accrued rights to payment), 5. 4, 6. 5, 7.4, 8. 1, 8. 2, 8. 3, 8.4, 9. 1 and 10. 5.

7. REMEDY; WARRANTY AND DISCLAIMER

7. 1 Remedy. Upon a malfunction or failure of Hardware or Embedded Software( a" Defect"), Agency must first make commercially reasonable efforts to address the problem by contacting Flock' s technical support as described in Section 2. 9 above. If such efforts do not correct the Defect, Flock shall, or shall instruct one of its contractors to repair or replace the Hardware or Embedded Software suffering from the Defect. Flock reserves the right in their sole discretion to refuse or delay replacement or its choice of remedy for a Defect until after it has inspected and tested the affected Unit provided that such inspection and test shall occur within seventy-two( 72) hours after Agency notifies the Flock of a Defect. In the event of a Defect, Flock will repair or replace the defective Unit at no additional cost. In the event that a Unit is lost, stolen, or damaged, Flock agrees to replace the Unit at a fee according to the then- current Reinstall Policy( https:// www. flocksafety. com/ reinstall- fee- schedule). Agency shall not be required to replace subsequently lost, damaged or stolen Units, however, Agency understands and agrees that functionality, including Footage, will be materially affected due to such subsequently lost, damaged or stolen units and that Flock will have no liability to Agency regarding such affected functionality nor shall the Usage Fee or Implementation Fees owed be impacted.

7. 2 Exclusions. Flock will not provide the remedy described in Section 7. 1 above if any of the following exclusions apply:( a) misuse of the Hardware or Embedded Software in any manner, including operation of the Hardware or Embedded Software in any way that does not strictly comply with any applicable specifications, documentation, or other restrictions on use provided by Flock;( b) damage, alteration, or modification of the Hardware or Embedded Software in any way; or( c) combination of the Hardware or Embedded Software with software, hardware or other technology that was not expressly authorized by Flock.

7. 3 Warranty. Flock shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Installation Services in a professional and workmanlike manner. Upon completion of any installation or repair, Flock shall clean and leave the area in good condition. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Flock or by third-party providers, or because of other causes beyond 1613128. 1 Page 68 of 406
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Flock' s reasonable control, but Flock shall use reasonable efforts to provide advance notice in writing or by e- mail of any scheduled service disruption.

7. 4 Disclaimer. THE REMEDY DESCRIBED IN SECTION 7. 1 ABOVE IS AGENCY' S SOLE REMEDY, AND

FLOCK' S SOLE LIABILITY, WITH RESPECT TO DEFECTIVE HARDWARE AND/ OR EMBEDDED SOFTWARE. THE FLOCK DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. THIS DISCLAIMER OF SECTION 7. 4 ONLY APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE OF CALIFORNIA.

7. 5 Insurance. Flock agrees to maintain insurance that meets the following requirements:.

Without limiting Flock' s indemnification ofAGENCY, and prior to commencement of the Installation Services, Flock shall obtain, provide and maintain at its own expense during the term ofthis AGREEMENT, policies of insurance ofthe type and amounts described below and in a form that is satisfactory to AGENCY.

General liability insurance. Flock shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01. in an amount not less than$ 1, 000, 000 per occurrence, 2, 000, 000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard TSO " insured contract" language will not be accepted.

Automobile liability insurance. Flock shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Flock arising out of or in connection with the Installation Services and Flock Services to be performed under this AGREEMENT, including coverage for any owned, hired, non- owned or rented vehicles, in an amount not less than$ 1, 000, 000 combined single limit for each accident.

Umbrella or excess liability insurance. Flock shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automobile liability, and employer' s liability. Such policy or policies shall include the following terms and conditions:

A drop down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason; Pay on behalf of wording as opposed to reimbursement;
Concurrency of effective dates with primary policies;
Policies shall" follow form" to the underlying primary policies; and Insureds under primary policies shall also be insureds under the umbrella or excess policies.

Workers' compensation insurance. Flock shall maintain Workers' Compensation Insurance Statutory Limits) and Employer's Liability Insurance( with limits of at least$ 1, 000, 000).

Prior to commencement of the Installation Services, Flock shall submit to AGENCY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of AGENCY, its officers, agents, employees and volunteers.

Other provisions or requirements
Proof of insurance. Flock shall provide certificates of insurance to AGENCY as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsements must be approved by AGENCY' s Risk Manager prior to commencement of the Installation Services. Current certification of insurance shall be kept on file with AGENCY at all times during the term of this contract. AGENCY reserves the right to require complete, certified copies of all required insurance policies, at any time.

Duration of coverage. Flock shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Installation Services or Flock Services hereunder by Flock, his agents, representatives, employees or 1613128. 1

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subconsultants.

Primary/ noncontributing. Coverage provided by Flock shall be primary and any insurance or selfinsurance procured or maintained by AGENCY shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non- contributory basis for the benefit of AGENCY before the AGENCY' s own insurance or selfinsurance shall be called upon to protect it as a named insured.

Agency' s rights of enforcement. In the event any policy of insurance required under this AGREEMENT does not comply with these specifications or is canceled and not replaced. AGENCY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by AGENCY will be promptly reimbursed by Flock or AGENCY will withhold amounts sufficient to pay premium from Flock payments. In the alternative, AGENC Y may cancel this AGREEMENT.

Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating of A-( or higher) and Financial Size Category Class VII ( or larger) in accordance with the latest edition of Best' s Key Rating Guide, unless otherwise approved by the AGENCY' s Risk Manager.

Waiver of subrogation. All insurance coverage maintained or procured pursuant to this AGREEMENT shall be endorsed to waive subrogation against AGENCY, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Flock or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Flock hereby waives its own right of recovery against AGENCY, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

Enforcement of contract provisions( non estoppel). Flock acknowledges and agrees that any actual or alleged failure on the part of the AGENCY to inform Flock of non- compliance with any requirement imposes no additional obligations on the AGENCY nor does it waive any rights hereunder.

Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Flock maintains higher limits than the minimums shown above, the AGENCY requires and shall be entitled to coverage for the higher limits maintained by the Flock. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the AGENCY.

Notice of cancellation. Flock agrees to oblige its insurance agent or broker and insurers to provide to AGENCY with a thirty( 30) day notice of cancellation( except for nonpayment for which a ten( 10) day notice is required) or nonrenewal of coverage for each required coverage.

Additional insured status. General liability policies shall provide or be endorsed to provide that AGENCY and its officers, officials, employees, and agents shall be additional insureds under such policies. This provision shall also apply to any excess/ umbrella liability policies.

Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements ifthey include any limiting endorsement of any kind that has not been first submitted to AGENCY and approved of in writing.

Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Flock's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer' s limits of liability. The policy( ies) shall not contain any cross- liability 1613128. 1 Page 70 of 406
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exclusions.

Pass through clause. Flock agrees to ensure that its sub- consultants, sub- contractors, and any other party involved with the project who is brought onto or involved in the project by Flock, provide the same minimum insurance coverage and endorsements required of Flock. Flock agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Flock agrees that upon request, all AGREEMENTS with consultants, subcontractors, and others engaged in the project will be submitted to AGENCY for review.

Agency' s right to revise specifications. The AGENCY reserves the right at any time during the term ofthe contract to change the amounts and types of insurance required by giving the Flock ninety( 90) days advance written notice of such change. If such change results in substantial additional cost to the Flock, the AGENCY and Flock may renegotiate Flock' s compensation.

Self-insured retentions. Any self-insured retentions must be declared to and approved by AGENCY.

AGENCY reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by AGENCY.

Timely notice of claims. Flock shall give AGENCY prompt and timely notice of claims made or suits instituted that arise out of or result from Flock' s performance under this AGREEMENT, and that involve or may involve coverage under any of the required liability policies.

Additional insurance. Flock shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Installation Services and Flock Services.

Before Flock retains or hires a subcontractor to provide any work, labor, or services relative to this AGREEMENT, Flock must:

A. Present the name and identifying information of the subcontractor that will provide any work, labor, or services to AGENCY;
B. Present to the AGENCY the form of subcontract that will be used with the subcontractor for AGENCY's approval, which approval will not be unreasonably withheld. Such subcontract AGREEMENT must include an indemnity agreement that is generally in accord with the indemnity obligations contained in Paragraph 8. 4 of this AGREEMENT and must specifically name the AGENCY as an indemnified party; and
C. Secure from the subcontractor evidence of insurance coverage that meets with this AGREEMENT including naming the AGENCY as an additional insured as required by this AGREEMENT, unless such requirement is waived in writing by the AGENCY Risk Manager

7. 6 Force Majeure. Flock Safety is not responsible nor liable for any delays or failures in performance from any cause beyond its control, including, but not limited to acts of God, changes to law or regulations, embargoes, war, terrorist acts, acts or omissions of third- party technology providers, riots, fires, earthquakes, floods, power blackouts, strikes, weather conditions or acts of hackers, internet service providers or any other third party or acts or omissions of Agency or any Authorized End User.

8. LIMITATION OF LIABILITY AND INDEMNITY

8. 1 Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY, FLOCK AND ITS

SUPPLIERS( INCLUDING BUT NOT LIMITED TO ALL HARDWARE AND TECHNOLOGY SUPPLIERS),

OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE

RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR

TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, OR OTHER THEORY:( A) FOR ERROR OR INTERRUPTION OF USE

OR FOR LOSS OR INACCURACY, INCOMPLETENESS OR CORRUPTION OF DATA OR FOOTAGE OR

COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS;( B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL 1613128. 1

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DAMAGES;( C) FOR ANY MATTER BEYOND FLOCK' S ACTUAL KNOWLEDGE OR REASONABLE

CONTROL INCLUDING REPEAT CRIMINAL ACTIVITY OR INABILITY TO CAPTURE FOOTAGE OR IDENTIFY AND/ OR CORRELATE A LICENSE PLATE WITH THE FBI DATABASE;( D) FOR ANY PUBLIC DISCLOSURE OF PROPRIETARY INFORMATION MADE IN GOOD FAITH;( E) FOR CRIME PREVENTION;

OR( F) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER

CLAIMS, EXCEED THE FEES PAID AND/ OR PAYABLE BY AGENCY TO FLOCK FOR THE SERVICES UNDER THIS AGREEMENT IN THE TWELVE( 12) MONTHS PRIOR TO THE ACT OR OMISSION THAT

GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT FLOCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT OF AN EMERGENCY, AGENCY SHOULD CONTACT 911 AND SHOULD NOT RELY ON THE SERVICES.THIS LIMITATION OF LIABILITY SHALL

NOT APPLY TO TORT CLAIMS FOR BODILY INJURY OR PROPERTY DAMAGE ARISING FROM OR PERTAINING TO THE PROVISION OF SERVICES UNDER THIS AGREEMENT. OF SECTION 8 ONLY

APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE MENTIONED IN SECTION 10. 6, OR IF NO STATE IS MENTIONED IN SECTION 10. 6, BY THE LAW OF THE STATE OF CALIFORNIA.

8. 2 Additional No- Fee Term Requirements. WITH THE EXCPTION OF TORT CLAIMS FOR BODILY INJURY

OR PROPERTY DAMAGE ARISING FROM OR PERTAINING TO THE PROVISION OF SERVICES UNDER

THIS AGREEMENT, IN NO EVENT SHALL FLOCK' S AGGREGATE LIABILITY, IF ANY, ARISING OUT OF OR IN ANY WAY RELATED TO THE COMPLIMENTARY NO-FEE TERM AS DESCRIBED IN SECTION 6.5 EXCEED$ 100, WITHOUT REGARD TO WHETHER SUCH CLAIM IS BASEDIN CONTRACT, TORT INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE Except for Flock' s willful acts.

8. 3 Responsibility. Each Party to this Agreement shall assume the responsibility and liability for the acts and omissions of its own employees, deputies, officers, or agents, in connection with the performance of their official duties under this Agreement. Each Party to this Agreement shall be liable( if at all) only for the torts of its own officers, agents, or employees that occur within the scope of their official duties. Agency will not pursue any claims or actions against Flock' s suppliers.

8. 4 Indemnity. Agency hereby agrees to indemnify and hold harmless Flock against any damages, losses, liabilities, settlements and expenses( including without limitation costs and attorneys' fees) in connection with any claim or action that arises from an alleged violation of Section 3. 2, Agency' s breach ofthis Agreement, Agency' s Installation Obligations, Agency' s sharing of any data in connection with the Flock system, or otherwise from Agency' s use ofthe Services, Hardware and any Software, including any claim that such actions violate any applicable law or third party right. Although Flock has no obligation to monitor Agency' s use of the Services, Flock may do so and may prohibit any use of the Services it believes may be( or alleged to be) in violation of Section 3. 2 or this Agreement. Flock hereby agrees to indemnify and hold harmless Agency against any damages, losses, liabilities, settlements, and expenses( including without limitation costs and attorneys' fees) in connection with any claim or action that arises from Flock' s negligent acts or omissions in performance ofthis Agreement or provision of the Services, Hardwar, or Software, including any claim that such actions violate any applicable law or third party right.

9. RECORD RETENTION

9. 1 Data Preservation. The Agency agrees to store Agency Data and Non-Agency End User Data in compliance with its record retention schedules. Should Flock be legally compelled to produce the Agency Data and Non-Agency End User Data and Agency has retained such data, Flock may retrieve the data fromAgency upon demand.

10. MISCELLANEOUS

10. 1 Severability. If any provision ofthis Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.

10.2 Assignment. This Agreement is not assignable, transferable or sublicensable by Agency except with Flock' s prior written consent. Flock may transfer and assign any ofits rights and obligations, in whole or in part, under this Agreement without consent.

10. 3 Entire Agreement. This Agreement, together with the Order Form( s), the then- current Reinstall Policy( https:// www.flocksafety.com/reinstall-fee- schedule), and Deployment Plan(s), are the complete and exclusive statement of the mutual understanding ofthe parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. None of Agency' s purchase orders, authorizations or similar documents will alter the terms ofthis Agreement, and any such conflicting 1613128. 1

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terms are expressly rejected.

10.4 Relationship. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Agency does not have any authority of any kind to bind Flock in any respect whatsoever.

10. 5 Costs and Attorneys' Fees. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys' fees.

10. 6 Governing Law; Venue. This Agreement shall be governed by the laws of the State of California without regard to its conflict of laws provisions. To the extent that the arbitration language below does not apply, the federal and state courts sitting in the State of California will have proper and exclusive jurisdiction and venue with respect to any disputes arising from or related to the subject matter ofthis Agreement. The parties agree that the United Nations Convention for the International Sale of Goods is excluded in its entirety from this Agreement. Any dispute arising out of,in connection with, or in relation to this agreement or the making of validity thereof or its interpretation or any breach thereof shall be determined and settled by arbitration in Orange County, California by a sole arbitrator pursuant to the rules and regulations then obtaining of the American Arbitration Association and any award rendered therein shall be final and conclusive upon the parties, and a judgment thereon may be entered in the highest court of the forum, state or federal, having jurisdiction. The service of any notice, process, motion or other document in connection with an arbitration award under this agreement or for the enforcement of an arbitration award hereunder may be effectuated by either personal service or by certified or registered mail to the respective addresses provided herein.

10. 7 Publicity. Unless otherwise indicated on the Order Form, Flock has the right to reference and use Agency' s name and trademarks and disclose the nature ofthe Services provided hereunder in each case in business and development and marketing efforts, including without limitation on Flock' s website.

10. 8 Export. Agency may not remove or export from the United States or allow the export or re- export of the Flock IP or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office ofForeign Assets Control, or any other United States or foreign agency or authority. As defined in FAR section 2. 101, the Services, the Hardware, the Embedded Software and Documentation are" commercial items" and according to DFAR section 252. 2277014( a)( 1) and( 5) are deemed to be" commercial computer software" and" commercial computer software documentation." Consistent with DFAR section 227. 7202 and FAR section 12. 212, any use, modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms ofthis Agreement.

10. 9 Headings. The headings are merely for organization and should not be construed as adding meaning to the Agreement or interpreting the associated Sections.

10. 10 Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

10. 11 Authority. Each of the below signers of this Agreement represent that they understand this Agreement and have the authority to sign on behalf of and bind the organizations and individuals they are representing.

10. 12 Notices. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, iftransmitted by facsimile or e- mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. 1613128. 1 Page 73 of 406
City of Los Alamitos

CITY COUNCIL AGENDA REPORT
MEETING DATE: January 23, 2023 ITEM NUMBER: 11B
To: Mayor Tanya Doby & Members of the City Council
Presented By: Windmera Quintanar, City Clerk
Subject: Southern California Association of Governments (SCAG) 2023 Regional Conference and General Assembly

SUMMARY
The Southern California Association of Governments (SCAG) Regional Conference and General Assembly will be held at the JW Marriott Desert Springs Resort and Spa in Palm Desert, CA on May 4-5, 2023. Each year, SCAG’s member cities select a Delegate and/or Alternate to represent their City and participate at the conference.

RECOMMENDATION

1. Appoint a representative to attend and serve as the City’s Voting Delegate for the Southern California Association of Governments (SCAG) General Assembly; and,

2. Appoint a Council Member to attend and serve as the City’s Alternate Voting Delegate in the event of the Voting Delegate’s absence.

BACKGROUND
Southern California Association of Governments (SCAG) is the nation's largest metropolitan planning organization, representing six counties, 191 cities and more than 18 million residents.

SCAG undertakes a variety of planning and policy initiatives to encourage a more sustainable Southern California now and in the future.

At least once every year, SCAG convenes the General Assembly to help set the agency's course for the coming year. The General Assembly is a forum where policy matters can be identified and addressed. A quorum of the General Assembly consists of official representation from one-third of the member cities and one-third of the member counties.

Each member county and each member city has one official representative and one alternate in the General Assembly, except the City of Los Angeles, which has three official representatives and three alternates due to its population size. Member cities and counties must communicate the names of their official representatives and alternates to SCAG within 45 days before the annual meeting of the General Assembly.

DISCUSSION
One aspect of SCAG’s 2023 Regional Conference is the General Assembly where the

membership considers and takes action on the Fiscal Year budget, SCAG Officers, and proposed amendments to the SCAG Bylaws.

In order to facilitate the conduct of business at the General Assembly Meeting, each City Council must designate a Voting Delegate and Alternate. Designation of the Delegate is consistent with SCAG’s Bylaws. Each city Delegate Representative (or Alternate in the absence of the Delegate) will vote on agenda items pertaining to the General Assembly – Business Meeting.

FISCAL IMPACT
Attendance at the conference is provided at no cost for the voting delegate.

Attachment: None

City of Los Alamitos

CITY COUNCIL AGENDA REPORT
MEETING DATE: January 23, 2023 ITEM NUMBER: 12A
To: Mayor Tanya Doby & Members of the City Council
Presented By: Ron Noda, Development Services Director
Subject: Comprehensive Update of the City’s Housing Element for the Reporting Period of 2021-2029 (GPA 21-01) and General Plan Amendment (GPA) 22-02 Zoning Ordinance Amendment (ZOA) 22-03

SUMMARY
The City Council will consider the revised draft of the comprehensive update of the City’s Housing Element for the reporting period of 2021-2029 (GPA 21-01). Upon adoption of the Housing Element, the City Council will consider a resolution and an ordinance for 1) the creation of a higher-density R-4 Zoning District in Los Alamitos; 2) rezoning certain properties to the new R-4 District; and 3) modifying the Town Center Mixed Use (TCMU) Zoning District to allow higher density. These changes would be implemented to comply with the newly adopted Housing Element and would be made through General Plan Amendment (GPA) 22-02 and Zoning Ordinance Amendment (ZOA) 22-03.

RECOMMENDATION

1. Conduct a public hearing; and, if appropriate,

2. Adopt Resolution No. 2023-02, entitled, “A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF LOS ALAMITOS, CALIFORNIA, ADOPTING A NEGATIVE DECLARATION, AND APPROVING GENERAL PLAN AMENDMENT 21-01, UPDATING THE LOS ALAMITOS HOUSING ELEMENT (2021-2029):; and,

3. Consider the draft resolution, and, if appropriate,

4. Adopt Resolution No. 2023-01, entitled, “A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF LOS ALAMITOS, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT (GPA) 22-02 TO ENSURE THAT THE ZONING CODE UPDATES IN ORDINANCE 2023-01 WILL MAINTAIN INTERNAL CONSISTENCY WITH THE

ACTIONS, GOALS, OBJECTIVES, AND POLICIES OF THE GENERAL PLAN, AND WILL NOT CREATE ANY INCONSISTENCIES THEREIN (CITY INITIATED).

5. Consider the draft ordinance; and, if appropriate,

6. Introduce for first reading, read by title only, and waive further reading of Ordinance No. 2023-01; and,

7. City Attorney Daudt read the title of Ordinance No. 2023-01 entitled, “AN ORDINANCE

OF THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS, CALIFORNIA, AMENDING

CHAPTERS 17.04, 17.08, AND 17.12 OF THE LOS ALAMITOS MUNICIPAL CODE, AS WELL AS THE LOS ALAMITOS ZONING MAP, CONCERNING THE R-3, R-4, AND TCMU ZONING OF THE CITY OF LOS ALAMITOS (ZOA 22-03) (CITY INITIATED).”

BACKGROUND
Comprehensive Update of the City’s Housing Element for the Reporting Period of 2021-2029 (GPA 21-01)
Noticing: The public was notified of this meeting by a 1/8th page notice in the Event News Enterprise on January 11, 2023, and through posting of the notice at City Hall on January 11, 2023. The public also had opportunities to comment on this draft of the Housing Element document and its CEQA documents at open houses, stakeholder meetings, and open comment periods conducted by the City over the last several months.

Environmental: The City prepared an initial study to identify the potential effects on the environment from adoption and implementation of the proposed project and to evaluate the significance of those effects. Based on environmental analysis, the proposed project would not have a significant adverse effect on the environment. No mitigation measures are necessary. The City Council adopted the Negative Declaration for this project on August 15, 2022.

State Government Code Section 65300 requires a city to adopt a General Plan to guide long-range development of the community. The General Plan includes seven mandatory elements, including land use, circulation, conservation, open space, safety, noise and housing. The Housing Element must be updated every eight years and is reviewed and certified by the State. State law requires that each Housing Element accommodate and facilitate development of housing to meet a city’s fair share housing needs. The Element must also address housing needs of special needs groups, mitigate potential constraints or barriers to housing, and contain a plan of how the city intends to meet its housing needs.

Tonight, the City Council will consider a resolution of approval of a draft comprehensive update of the City’s Housing Element and California Environmental Quality Act (CEQA) documents for the reporting period of 2021-2029.

The 2021-2029 General Plan Housing Element will set strategies for the City of Los Alamitos’ housing decisions. The City submitted a draft to the State HCD on November 30, 2021. On December 31, 2021, the State of California Housing and Community Development (HCD) Department sent the City its review letter concerning that draft. Their review explained that the City’s draft element addresses and satisfies many statutory requirements; however, revisions were still necessary to comply with State Housing Element Law (Article 10.6 of the Gov. Code). The City made those revisions and submitted another draft to the State HCD on August 15, 2022. On October 21, 2022, State HCD responded with further changes that they require for the Housing Element to be approved by their office. The Planning Commission recommends another draft, incorporating these changes, for the Council to decide if they would like to approve. Those revisions are complete and were available for public review on the City’s website from November 17 through November 23, 2022. The Planning Commission met on December 14, 2022 and unanimously recommended the City's draft Housing Element for approval to Council.

General Plan Amendment (GPA) 22-02 Zoning Ordinance Amendment (ZOA) 22-03 Noticing: On January 11, 2023, a Notice of Public Hearing was posted at City Hall. It was also published in the News Enterprise on the same date as a 1/8th of page notice.

Environmental: Prior to this consideration, as a part of the General Plan’s Housing Element update, the City prepared an Initial Study to identify the potential effects on the environment from adoption and implementation of these proposed changes and to evaluate the significance of those effects. Based on environmental analysis, the proposed project would not have a significant adverse effect on the environment. No mitigation measures are necessary. The City Council adopted the Negative Declaration for this project during its August 15, 2022 meeting.

State law requires each jurisdiction in California to demonstrate through a Housing Element the availability of adequate residential sites through appropriate zoning and development standards and the availability of public services and facilities. These available sites must provide the necessary variety of housing types at a variety of income levels.

The City of Los Alamitos draft Housing Element, demonstrates through policies, that the estimated capacity of adequate sites will be able to accommodate the projected housing need for the current Planning Period (2021-2029). The Policy Program details the specific policy actions the City will undertake to address present and future housing needs and meet the requirements of State law. The Policy Program serves as a guide for policy makers in the decision-making process for housing and housing-related activities during the planning period.

Tonight, Council will consider fulfillment of two of the Policy Actions that are required by the State to be accomplished before adoption of the Housing Element can be certified. Here are those actions as described in the draft Housing Element.

Policy Action 4.4: Create R-4 Zoning and Rezoning to Allow Higher Density The City shall require that at least the minimum number of assigned affordable housing units be built consistent with Table B-2 (of the Los Alamitos Housing Element 2021-2029) on each parcel so designated. To provide more housing units affordable to lower income levels, the City shall create and adopt an R-4 zone which allows 30 to 36 units per acre as a base, not including density bonus provisions, and apply that designation to those sites so identified in Table B-2 (of the Los Alamitos Housing Element 2021-2029). The zoning text shall conform to Government Code section 65583.2(h) (i), requiring a minimum of 20 units per acre and 16 units per site, permitted by right.

The City will rezone the Lampson property (Site 6 in Table B-2. Appendix B, of the Los Alamitos Housing Element 2021-2029) to R-3, Project applications for the Lampson site will include both the market rate and affordable housing units, or a Development Agreement will be prepared to assure that both projects are constructed.

The City shall require that the assigned affordable housing units be built consistent with Table B-2 and Figure B-1 (of the Los Alamitos Housing Element 2021-2029) on each

parcel so designated. Prior to adoption of the R-4 zone, the City will demonstrate that the assumed units are physically possible on each inventory site under the new development standards.

Policy Action 4.5: Modify TCMU Zoning to Allow Higher Density To increase affordable housing development in the high resource area of the Town Center, the City shall modify the TCMU zone to allow up to 60 units per acre as a base, not including density bonus provisions; and require that the assigned affordable housing units be built consistent with Table B-2 and Figure B-1 (of the Los Alamitos Housing Element 2021-2029) on each parcel so designated.

The zoning text shall conform to Government Code section 65583.2 (h) and (l), requiring a minimum of 16 units per site, permitted by right. Prior to adoption of the TCMU zoning amendment, the City will demonstrate that the assigned units are physically possible on each Inventory site under the new development standards.

DISCUSSION
Comprehensive Update of the City’s Housing Element for the Reporting Period of 2021-2029 (GPA 21-01)
State Government Code Section 65300 requires a city to adopt a General Plan to guide long-range development of the community. Housing is one of the seven elements of the General Plan and must be updated every eight years and ultimately is reviewed and approved by the State. State law requires each Housing Element to accommodate and facilitate the development of housing to meet a city's regional housing needs assessment (RHNA). California HCD is responsible for the final determination of the total regional allocation but reached out to regional organizations to develop a methodology specific to their region. The Southern California Association of Governments (SCAG) is the regional agency for southern California counties, including Orange, Los Angeles, Imperial, Riverside, San Bernadino, and Ventura. SCAG developed a uniform methodology for the distribution of the RHNA allocation among member cities and counties covering the planning period from Page 8 of 341 October 2021 through October 2029 (6th Cycle). Los Alamitos was given the allocated number of 767 units.

Priorities, goals, and objectives are established in the Housing Element, through citizen input, and then used in planning for future housing in the City. Citizen participation is an important aspect of this process as it establishes the needs of the community at the grassroots level. The City provides this information to the State Housing & Community Development (HCD) through the Housing Element document and reports the progress to HCD annually. The community was notified of various meetings and of review periods by mail, social media, website, email blast, and an advertisement in the Event News Enterprise to assure participation in the process of the City's Housing Element. Tonight’s public hearing is another opportunity for those in the community to comment on the latest draft Housing Element.

Housing Element
The latest changes to the draft Housing Element, in response to the latest State HCD

comment letter, are shown through “redline” in the draft document attached to this report.

Here is how the Housing Element is organized:
• Section 1 explains the purpose, process and contents of the Housing Element. • Section 2 describes the demographic, economic, and housing characteristics of Los Alamitos, as well as the existing and projected housing needs, and outlines the Regional Housing Needs Allocation (RHNA).

Fair Share Housing Needs Allocation
• Section 3 analyzes the potential and current governmental and non-governmental constraints to the maintenance, preservation, conservation and development of housing, and analyzes the potential housing resources of the City. • Section 4 describes specific policies and programs the City will carry out over the Planning Period to address the City’s housing goals.

If this draft is approved Council, the City of Los Alamitos is in-line to meet the State's required housing units shown above by 2029. The density of the recommended Town Center Mixed Use and the R-4 zone will help to permit the development of housing units which will assist the City in meeting its required fair share of the State’s housing needs.

General Plan Amendment (GPA) 22-02 Zoning Ordinance Amendment (ZOA) 22-03 Zoning Code Changes
To implement the R-4 and amend the TCMU zone, the following amendments to the Zoning Code are proposed:
• Table 2-01 within Section 17.04.020 of the Los Alamitos Municipal Code is amended to include the proposed R-4 zone.
• Section 17.08 of the Los Alamitos Municipal Code, which itemizes Development Standards and Land Uses for residential districts is amended to incorporate the R-4 zone.
• In Section 17.08.010 “Purpose of Zones”, a description of the R-4 zone is added. • In Section 17.08.020 “Allowed Uses and Permit Requirements for Residential Zones,” the R-4 zone is added to Table 2-02 itemizing permitted land uses. The land

use regulations proposed for the R-4 zone are identical to the existing R-3 zone. • In Section 17.08.030 “Development Standards in Residential Zones,” the R-4 zone is added to Table 2-03 itemizing specific development standards. Minor changes from the R-3 standards are proposed to acknowledge the greater density requirements of the R-4 standards. Generally, standards for the proposed R-4 zone are the same as the existing R-3 zone, with the following exceptions:
• Consistent with the Housing Element, the density range of the R-4 zone is 30-36 du/ac (dwelling units / acre).
• Maximum lot coverage in the R-4 zone is proposed at 60% in contrast to 50% in the R-3 zone.
• Maximum height in the R-4 zone is proposed at 40 feet in contrast to 35 feet in the R-3 zone.
• The minimum size of private outdoor living space per unit in the R-4 zone is proposed at 50 square feet in contrast to 60 square feet in the R-3 zone. • A new subsection is added with Section 17.08.040 “Design Standards for MultiFamily Housing” to provide standards specific to the R-4 zone for Balconies, Indoor Common Areas and Materials. Notably, the subsection will allow for a certain proportion of the required common space to be provided in indoor areas, subject to design standards.
• To implement both the Housing Element and the Town Center Strategic Plan (adopted April 2022), Section 17.12 (the TCMU zone) is amended as proposed in the Town Center Strategic Plan.

Zoning Map Amendments
The Los Alamitos Zoning Map is amended by changing the following properties’ zoning designations as follow:

Assessor’s Parcel
Number
Site Address Existing General
Plan Designation
Existing Zoning Proposed
Zoning
130-012-35 4655 Lampson
Ave.

Community &
Institutional
C-F (Community
Facilities)
R-3
241-241-35 Laurel Park Community &
Institutional
C-F R-4
242-212-11
242-212-08
242-242-10
3191 Katella
Avenue/ City Hall
Retail Business C-G (General
Commercial)
R-4
241-251-14 4142 Cerritos
Avenue
Community &
Institutional
C-F R-4
222-181-01
222-181-02
5030-5084 Katella
Avenue
Retail Business C-G R-4
242-222-06 3370 Cerritos
Avenue
Multiple Family R-3 R-4
General Plan Amendments

To implement the R-4 zone, the following amendments to the General Plan Land Use Element and Map are proposed:
• Table 2, which itemizes Land Use Designations within the General Plan is amended to include a “Multiple Family Residential – 36” designation which corresponds with the R-4 zone.
• The General Plan Land Use Map is amended by changing the following properties’ land use designations as follows:

Assessor’s Parcel
Number
Site Address Existing General
Plan Designation
Existing Zoning Proposed
General Plan
Designation
130-012-35 4655 Lampson
Ave.

Community &
Institutional
C-F (Community
Facilities)
Multiple
Family
Residential -
25 241-241-35 Laurel Park Community &
Institutional
C-F Multiple
Family
Residential –
36 242-212-11
242-212-08
242-242-10
3191 Katella
Avenue/ City Hall
Retail Business C-G (General
Commercial)
Multiple
Family
Residential –
36 241-251-14 4142 Cerritos
Avenue
Community &
Institutional
C-F Multiple
Family
Residential –
36 222-181-01
222-181-02
5030-5084 Katella
Avenue
Retail Business C-G Multiple
Family
Residential –
36 242-222-06 3370 Cerritos
Avenue
Multiple Family R-3 Multiple
Family
Residential –
36 FISCAL IMPACT
None.

Attachment: 1. Resolution No. 2023-01 - Housing Element

2. Exhibit A - Housing Element

3. Planning Commission Resolution No. 2022-13

4. Resolution No. 2023-01 - R-4 -TCMU

5. Ordinance No. 2023-01 - R-4 -TCMU

RESOLUTION NO. 2023-02

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LOS ALAMITOS, CALIFORNIA, ADOPTING A NEGATIVE

DECLARATION, AND APPROVING GENERAL PLAN
AMENDMENT 21-01, UPDATING THE LOS ALAMITOS
HOUSING ELEMENT (2021-2029)
WHEREAS, the State Housing Element Law, Article 10.6 of the California Government Code (Sections 65580 et seq.) requires each local jurisdiction to update its General Plan Housing Element every eight (8) years to reflect new statutory requirements and accommodate its share of the Regional Housing Needs Assessment Allocation (RHNA); and,
WHEREAS, the City of Los Alamitos prepared General Plan Amendment 21-01, an update to the Housing Element for the 2021-2029 period in accordance with the guidelines and requirements of State Housing Element Law; and, WHEREAS, the City conducted extensive community outreach efforts through social media ads and posts, newspaper advertisements, and mailings to stakeholders; and,
WHEREAS, the Planning Commission conducted three (3) community workshops on August 25, 2021, October 27, 2021 and March 23, 2022 to solicit public input, and review the 2021-2029 Housing Element and the City’s strategy for preserving the community’s character while expanding housing opportunities for all household types and income groups; and,
WHEREAS, the City submitted the Draft Housing Element to the California Department of Housing and Community Development (HCD) for review on November 30, 2021. HCD provided formal written comments on December 31, 2021; and, WHEREAS, the Draft Housing Element has been revised to address public input and HCD’s comments; and,
WHEREAS, concurrent with the update to the Housing Element, the City prepared a Negative Declaration for the project noted above. The Negative Declaration is based on the finding that, by implementing the General Plan EIR Policies and Implementation Programs, the Project’s potential significant adverse impacts are at a less than significant level. The reasons to support such a finding are documented by an Initial Study prepared by the City of Los Alamitos. A copy of the Negative Declaration is attached hereto as Exhibit B; a full copy of documents constituting the entire file on the Negative Declaration is available for review at the City of Los Alamitos Community Development Department, 3191 Katella Avenue, Los Alamitos, California; and,
WHEREAS, on July 27, 2022, due to required State of California Housing and Community Development changes to the Housing Element Draft, the Planning Commission conducted a

CC RESO 2023-02

duly noticed public hearing and recommended to the City Council the adoption of the Negative Declaration and approval of the Housing Element Update; and, WHEREAS, the City Council conducted a duly noticed public hearing, as prescribed by law, for said Housing Element Update on August 15, 2022, at which time the City Council also considered the Initial Study/Negative Declaration, and all those present were given the opportunity to present testimony regarding this matter; and, WHEREAS, on December 14, 2022, due to further required State of California Housing and Community Development changes to the Housing Element Draft, the Planning Commission conducted a duly noticed public hearing and recommended to the City Council the adoption of the Housing Element Update; and, WHEREAS, the City Council conducted a duly noticed public hearing, as prescribed by law, for said Housing Element Update on January 24, 2023, and all those present were given the opportunity to present testimony regarding this matter; and, WHEREAS, based on rapidly expanding demand for residential land in the region and the underutilized nature of the sites identified in the sites inventory, the existing uses on the sites identified in the site inventory to accommodate the lower income RHNA are likely to be discontinued during the planning period, and therefore do not constitute an impediment to additional residential development during the period covered by the housing element; and,
WHEREAS, all legal prerequisites have occurred prior to the adoption of this Resolution.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS DOES RESOLVE AS FOLLOWS:

SECTION 1. The City Council of the City of Los Alamitos, California, finds that the above recitals are true and correct and are incorporated by reference herein.

SECTION 2. The City Council approves General Plan Amendment 21-01, updating the Housing Element, attached hereto as Exhibit A, for the 6th Cycle Housing Element (2021- 2029).

SECTION 3. The City Council authorizes staff to submit the 6th Cycle Housing Element Update to HCD for certification.

SECTION 4. The Development Services Director is authorized to make minor modifications as may be required by HCD for Housing Element certification.

SECTION 5. The City Council hereby adopts a Negative Declaration pursuant to the California Environmental Quality Act (CEQA) (Public Resources Code Sections 21000 et seq.) for the Housing Element, which is attached hereto as Exhibit B.

CC RESO 2023-02

SECTION 4. The City Clerk shall certify as to the adoption of this Resolution.

PASSED, APPROVED, AND ADOPTED this 23rd day of January, 2023.

Tanya Doby, Mayor
ATTEST:

Windmera Quintanar, MMC, City Clerk
APPROVED AS TO FORM:

Michael S. Daudt, City Attorney

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss CITY OF LOS ALAMITOS )
I, Windmera Quintanar, MMC, City Clerk, of the City of Los Alamitos, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council held on the 24th day of January 2023, by the following vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Windmera Quintanar, MMC, City Clerk

CITY OF LOS ALAMITOS
2021-2029 Housing Element

TABLE OF CONTENTS
Chapter 1: Introduction .................................................................................................. 1-1 A. Purpose and Content.........................................................................................................1-1 B. Housing Element Update...................................................................................................1-1 C. State Law and Local Planning ............................................................................................1-2

1. Consistency with State Law........................................................................................1-2

2. General Plan Consistency............................................................................................1-2

3. Relationship to Other Plans and Programs.................................................................1-2 D. Housing Element Organization..........................................................................................1-3 E. Community Participation.................................................................................................1-3 Chapter 2: Housing Needs Analysis ............................................................................... 2-1 A. Introduction........................................................................................................................2-1 B. Community Profile ..............................................................................................................2-1

1. Population Trends and Characteristics .......................................................................2-1

2. Employment Trends ..................................................................................................2-5

3. Household Characteristics .......................................................................................2-9

4. Housing Stock and Market Conditions......................................................................2-12 C. Housing Needs .................................................................................................................2-23

1. Households Overpaying for Housing........................................................................2-24

2. Overcrowding .........................................................................................................2-26

3. 2021-2029 Growth Needs .......................................................................................2-27

4. Special Needs Groups...............................................................................................2-28 City of Los Alamitos i
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Chapter 3: Housing Resources and Constraints.............................................................. 3-1 A. Governmental Constraints ..............................................................................................3-1

1. Land Use Controls........................................................................................................3-1

2. Density Bonus Ordinance .........................................................................................3-12

3. Senior Citizen Housing ..............................................................................................3-13

4. Emergency Shelters, Transitional Housing and Single-Room Occupancy Units ........3-14

5. Accessory Dwelling Units ..........................................................................................3-16

6. Housing for Persons with Disabilities........................................................................3-18

7. Building Codes and Enforcement ...............................................................................3-20

8. Development Fees...................................................................................................3-21

9. Local Processing and Permit Procedures...................................................................3-24

10. Environmental and Infrastructure Constraints .........................................................3-26

11. On and Off-Site Improvements.................................................................................3-29 B. Non-Governmental Constraints ......................................................................................3-31

1. Vacant and Underutilized Land ................................................................................3-31

2. Land Prices..............................................................................................................3-31

3. Construction Costs..................................................................................................3-31

4. Financing ................................................................................................................3-32

5. Energy Conservation ..............................................................................................3-33 Chapter 4: Housing Policy Program ................................................................................. 4-1 A. Introduction......................................................................................................................4-1 B. City of Los Alamitos Policy Program..................................................................................4-1 C. Quantified Objectives....................................................................................................4-16 ii City of Los Alamitos
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APPENDICES
Appendix A. Community Outreach...........................................................................................AA-1 A. Community Outreach Activities .................................................................................. AA-1 B. Community Workshop ................................................................................................. AA-1 C. Community Workshop Comments............................................................................... AA-3 D. Other Community Outreach Activities ......................................................................... AA-3 Appendix B. Residential Land Resources ...........................................................................AB-1 A. Adequate Sites Analysis ............................................................................................... AB-1

1. Capacity to Meet Regional “Fair Share” Goals...................................................... AB-2 B. Preservation of Assisted Units at Risk of Conversion................................................. AB-24 Appendix C. Review of Past Performance..........................................................................AC-1 Appendix D. Assessment of Fair Housing ......................................................................... AD-1 A. Outreach ...................................................................................................................... AD-1 B. Assessment of Fair Housing ......................................................................................... AD-2

1. Integration and Segregation Patterns................................................................... AD-5

2. Access to Opportunity ........................................................................................ AD-15

3. Disproportionate Housing Need and Displacement Risk.................................... AD-18

4. Enforcement and Outreach Capacity................................................................... AD-27 C. Site Inventory ............................................................................................................. AD-29

1. Integration and Segregation: Race and Income..................................................... AD-29

2. Access to Opportunity ............................................................................................ AD-30

3. Disproportionate Housing Needs …………………………………………….……….AD-32 D. Contributing Factors................................................................................................... AD-32 Appendix E. Glossary of Housing Terms ............................................................................ AE-1 City of Los Alamitos iii
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Introduction
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1 CHAPTER 1

INTRODUCTION
A. Purpose and Content
The Housing Element of the General Plan contains the official policies for the construction, rehabilitation and preservation/conservation of housing in the City of Los Alamitos. The Housing Element is built upon identification and analysis of existing and projected housing needs, resources, opportunities and past performance. The Housing Element contains detailed analysis of the City’s economic, demographic and housing characteristics.

The Housing Element addresses housing opportunities for current and future Los Alamitos residents through 2029 and provides the policy guidance for local decision making related to housing in the City. The Housing Element is the only element of the General Plan that requires review and certification by the State of California.

This Housing Element update covers the Planning Period from October 2021 through October 2029. The Housing Element also evaluates the City’s progress in implementing the 2014–2021 housing policy program.

B. Housing Element Updates
The Statewide housing goal is “decent housing and a suitable living environment for every Californian” (Government Code Section 65580). The Legislature recognizes the important role that local governments play in pursuit of this goal and mandates that all cities and counties prepare a Housing Element as part of their comprehensive General Plans.

The Housing Element is intended to be reviewed annually and updated and modified as necessary to remain relevant and useful and to reflect the community’s dynamic housing needs. This Housing Element update covers the planning period from October 2021 through October 2029, consistent with the State-mandated update required for all jurisdictions within the Southern California Association of Governments (SCAG) region.

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1 C. State Law and Local Planning

1. Consistency with State Law
The Housing Element is one of the eight required General Plan elements, mandated by State law. State law requires that each jurisdiction’s Housing Element consist of “an identification and analysis of existing and projected housing needs and a statement of goals, policies, quantified objectives, financial resources, and scheduled programs for the preservation, improvement, and development of housing.” The Housing Element must also analyze and plan for housing for all economic segments of the community.

Government Code Section 65583 outlines specific requirements regarding the scope and content of the Housing Element.

2. General Plan Consistency
The Government Code requires internal consistency among the Elements of a General Plan. Section 65300.5 of the Government Code states that the General Plan’s various Elements shall provide an integrated and internally consistent and compatible statement of policies. City staff has reviewed the other Elements of the General Plan and has determined that this Housing Element provides consistency with them. The City will maintain this consistency as future General Plan Amendments are processed by evaluating proposed amendments for consistency with all Elements of the General Plan.

3. Relationship to Other Plans and Programs
The Housing Element identifies goals, objectives, policies and programs for the Planning Period that directly addresses the City’s housing needs. These goals and policies will be implemented through a number of City plans and programs including the City’s Municipal Code.

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1 D. Housing Element Organization
The Housing Element is organized into four parts:
§ Section 1: Introduction. Explains the purpose, process and contents of the Housing Element;
§ Section 2: Housing Needs. Describes the demographic, economic and housing characteristics of Los Alamitos, as well as the existing and projected housing needs;
§ Section 3: Resources and Constraints Analysis. Analyzes the potential and actual governmental and non-governmental constraints to the maintenance, preservation/conservation, and development of housing. Also analyzes the potential housing resources of the City; and,
§ Section 4: Housing Policy Program. Describes specific policies and programs the City will carry out over the Planning Period to address the City’s housing goals.

Supporting background material is included in the following four appendices:
§ Appendix A: Community Outreach
§ Appendix B: Residential Land Resources
§ Appendix C: Review of Housing Element Past Performance § Appendix D: Assessment of Fair Housing
§ Appendix E: Glossary of Housing Terms
E. Community Participation
The Housing Element was developed through combined efforts of City staff, the City’s Planning Commission, City Council, and community members. Community input was sought and received through a public workshop and hearings. The City held a community workshop on August 25, 2021, at which participants generally asked questions about the City’s responsibilities and future housing needs, and also discussed the upcoming Town Center Strategic Plan, which will incorporate inclusionary housing requirements for the parcels located within its boundary. The workshop was advertised in the newspaper, noticed on the City’s website, and included in a mailing to property owners and an email blast to interested developers in the region. Following the workshop, the Housing Element update was posted on the City’s website for public review and input in a 17-day comment period. This effort was announced through a City-wide mailing and e-newsletter to all residents, posting of notices on the City’s website and in the newspaper, and announcements on social media. Following the

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1 public review period, the Planning Commission held a hearing (October 27, 2021) on the Housing Element, to solicit additional input. Three community members attended, and expressed concerns about the addition of more housing units in the City. The Planning Commission tabled the Housing Element pending HCD review, and the Element was submitted to HCD on November 2, 2021.

Comments received through the outreach activities have been considered in the development of the Housing Policy Program. A summary of the comments is provided in Appendix A of this Housing Element, along with a list of community stakeholders.

The City will continue to conduct outreach regarding housing issues through the planning period, including AFFH outreach, as described in Policy Action 3.6 and 5.3.

Please also see Appendix A.

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2 CHAPTER 2

HOUSING NEEDS ANALYSIS
A. Introduction
One of the key mandated components of the Housing Element is evaluating both existing and future housing needs for all segments of the community.

This chapter analyzes housing demographic and economic characteristics that influence the supply of and demand for housing. These analyses provide baseline information and establish a foundation for developing policies and programs to address identified housing needs. The analyses identify housing needs according to income, tenure, and special needs groups.

Primary data sources include the 2000 and 2010 US Census, the American Community Survey (2019), the California Department of Finance (DOF), the California Employment Development Department (EDD) and the Southern California Association of Governments (SCAG). These sources provide the most reliable information for evaluating existing conditions and a basis for consistent comparison with historical data.

These sources also provide forecasts of future conditions and needs.

B. Community Profile

1. Population Trends and Characteristics
Population and employment trends generally influence the demand for housing and the types of housing needed. This section describes the changes to population size and age and racial/ethnic composition of the City.
a. Historical, Existing and Forecast Growth
Los Alamitos is one of 34 cities within Orange County. Table 2-1 lists the counties in southern California and their respective populations. DOF estimates the overall County population was 3,153,764 in 2021, the third most populous county in the state. Los Angeles and San Diego Counties had the first and second largest populations in the

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2 state, respectively. According to the 2010 US Census, Orange County also had the third largest county population at the time with 3,010,232 residents. Overall, the County has experienced slower population growth over the last two decades. The population increased by 18 percent from 1990 to 2000, less than 6 percent from 2000 to 2010, and less than 5 percent from 2010 to 2021. From 2020 to 2021, the County population decreased by 26,727 residents.

Table 2-1
Regional Population Trends
2000-2021
County 2000 2010 2021
Imperial County 142,361 174,528 186,034
Los Angeles County 9,519,338 9,818,605 10,044,458
Orange County 2,846,289 3,010,232 3,153,764
Riverside County 1,545,387 2,189,641 2,454,453
San Bernardino County 1,709,434 2,035,210 2,175,909
San Diego County 2,813,833 3,095,813 3,315,404
Ventura County 753,197 823,318 835,223
Sources: US Census Table P1, 2000 and 2010, California Department of Finance E-5, 2021.

As shown in Table 2-2, DOF estimated Los Alamitos’ population at 11,538 in 2021. The City experienced a decrease in population between 2000 and 2010 (87 people, or 1 percent), and a 1 percent increase in population from 2010 to 2021. Therefore, in the last 21 years, there has been no change in population in the City. The City represents approximately 0.4 percent of the overall county population.

Table 2-2
Population Growth
2000–2021
Jurisdiction 2000 2010 2021
2010-2021 Growth
Number % change
City of Los
Alamitos
11,536 11,449 11,538 89 1%
Orange County 2,846,289 3,010,232 3,153,764 143,532 5%
Source: US Census Table P1, 2000 and 2010, California Department of Finance E-5, 2021.

The Southern California Association of Governments (SCAG) prepares population forecasts for jurisdictions within its coverage area as part of future growth policies and programs. SCAG’s 2020-2045 Regional Transportation Plan/Sustainable Communities

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2 Strategy (RTP/SCS) forecasts the Los Alamitos’s population to reach 12,300 in 2045, although the City’s population has been stagnant for over 20 years. SCAG’s projection represents a 6.6% increase between 2021 and 2045, or an addition of 762 residents. b. Age Composition
From 2010 to 2019, Los Alamitos experienced growth in the Retirement (55-64 years) and Senior Citizen (65 years and over) populations, while the populations of other age groups somewhat declined. This suggests a slowly aging trend and potential growing need for senior housing and programs. The Prime Working age group remains the largest in the City with 40.8 percent of the population in 2021. Table 2-3 summarizes the age distribution of the City’s population.

Table 2-3
Age Distribution
2010–2019
Age Group
2010 2019
Number % of
Population
Number % of
Population
Preschool (Under 5 years) 527 4.6% 457 4.0%
School (5–9 years) 668 5.8% 765 6.6%
(10-14 years) 904 7.9% 938 8.1%
(15-19 years) 1,007 8.8% 593 5.1%
Young Adult (20–24 years) 712 6.2% 577 5.0%
Prime Working (25–34 years) 1,356 11.8% 1,608 13.9%
(35–44 years) 1,582 13.8% 1,633 14.2%
(45–54 years) 1,866 16.3% 1,467 12.7%
Retirement (55–59 years) 682 6.0% 845 7.3%
(60–64 years) 551 4.8% 775 6.7%
Senior Citizen (65-74 years) 694 6.1% 1,047 9.1%
(75–84 years) 625 5.5% 476 4.1%
(85+ years) 275 2.4% 353 3.1%
Total 11,449.00 100.0% 11,534 100.0%
Notes:
1 Discrepancy due to categorical change in Young Adult definition, 2010 Census break down classifies school age as 5–19 years and Young Adult as 20–24 years.

Sources: US Census Table P12, 2010, American Community Survey 5-Year Estimates Subject Table DP05, 2019.

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2 c. Race and Ethnic Composition
As illustrated in Table 2-4, the majority of Los Alamitos residents are White, representing 62.5 percent of the population in 2019. Asian residents comprise the second largest racial/ethnic group with 14.6 percent of the population, and residents of ‘Some Other Race’
1 comprise the third largest group with 8.3 percent. Between 2010 and 2019 the White, American Indian and Alaska Native, and Native Hawaiian or other Pacific Islander populations declined. All other racial/ethnic groups increased in population, including residents of Hispanic or Latino origin, which increased from 21.1% to 27.0% of the total population between 2010 and 2019.

Table 2-4
Racial and Ethnic Composition
2010–2019
Racial/Ethnic Group
2010 2019 2010-2019
Change in % of
Population
Number % of
Population
Number % of
Population
White 8,131 71.0% 7,214 62.5% -12%
Black or African
American
324 2.8% 713 6.2% 118%
American Indian &
Alaska Native
51 0.4% 5 0.0% -90%
Asian 1,471 12.8% 1,681 14.6% 13%
Native Hawaiian or
other Pacific Islander
50 0.4% 22 0.2% -56%
Some Other Race 726 6.3% 954 8.3% 30%
Two or more races 696 6.1% 945 8.2% 35%
Total 11,449 100.0% 11,534 100.0% 0.7%*
Hispanic or Latino (of
any race)
2,418 21.1% 3,110 27.0% 28%
Sources: US Census Tables P3 & P4, 2010, American Community Survey 5-Year Estimates Subject Table DP05, 2019. *Change of total population.
1 The Census Bureau uses the category “Some Other Race”, which accounts for single races other than the five race categories per U.S. Office of Management and Budget (OMB) Standards for Race and Ethnicity (1997):

American Indian or Alaska Native
Asian
Black or African American
Native Hawaiian or Other Pacific Islander
White.

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2 2. Employment Trends
Housing needs are also influenced by employment trends. Proximity to job opportunities is an important factor in housing choices. Significant employment opportunities within and close to a city can lead to demand for housing. The quality and/or pay of available employment influence the demand for various housing types and price levels.

Table 2-5 lists the top employers in Los Alamitos in 2021. The types of industries with large employment needs in the City are closely related to the housing needs of the local labor pool. The City’s principal employers include hospitals, aerospace manufacturers, business services and restaurant/wholesale trade. Typical jobs in these industries include production workers, medical professionals, clerks and managers.

Table 2-5
Top Employers
2021
Company Industry Number of
Employees
Los Alamitos Medical Center, Inc. Healthcare 1,100
Arrowhead Products Aerospace 780
Trend Offset Printing Services Service/Printing 700
Epson America, Inc. Media 693
Discovery Practice Management, Inc. Service 205
Bar Bakers LLC Wholesale Trade 200
Resare Marketing, Inc. Service 191
Alamitos West Health & Rehabilitation Healthcare 145
Katella Delicatessen-RestaurantBakery, Inc.Restaurant 145 Alliance Space Systems, LLC Aerospace 144
Bearing Inspection, Inc. Business Service 97
Ganahl Lumber Co. Business Service 95
Source: City of Los Alamitos and HDL Companies, 2021.

As shown in Table 2-6, the largest group of Los Alamitos residents were employed in the educational services, health care and social assistance industry (23.9 percent) in 2019.

Retail trade (13.6 percent) made up the second largest employment group followed by arts, entertainment, recreation, accommodation (hospitality) and food services (11.6

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2 percent). In Orange County, the top-ranking industry is the same as Los Alamitos (19.5 percent), followed by professional, scientific, management, administrative and waste management services (14.5 percent) and manufacturing (12.2 percent).

Table 2-6
Employment by Industry1
2019
Industry Los Alamitos Orange County
Number % Number %
Agriculture, forestry, fishing and hunting,
mining
8 0.1% 9,488 0.6%
Construction 356 6.4% 93,305 5.9%
Manufacturing 513 9.3% 194,930 12.2%
Wholesale trade 233 4.2% 55,639 3.5%
Retail trade 753 13.6% 165,866 10.4%
Transportation and warehousing, utilities 259 4.7% 58,510 3.7% Information 69 1.2% 31,488 2.0%
Finance, insurance, real estate, and rental
and leasing
315 5.7% 136,401 8.6%
Professional, scientific, management,
administrative, and waste management
services
627 11.3% 230,546 14.5%
Educational services, health care and social
assistance
1321 23.9% 309,730 19.5%
Arts, entertainment, recreation,
accommodation and food services
644 11.6% 174,296 10.9%
Other services (except public administration) 320 5.8% 86,435 5.4% Public administration 114 2.1% 45,517 2.9%
Total 5,532 100% 1,592,151 100%
Note:
1Employment reported by Los Alamitos/Orange County residents. Does not reflect the number of jobs within the respective jurisdictions.

Source: American Community Survey 5-Year Estimates Subject Table S2405, 2019.

Annual wages vary by industry in Orange County, but steadily increased from 2012 to 2017.2 As shown in Figure 2-1 below, the highest-paying sectors are Utilities, Finance and Insurance, Information, and Management of Companies and Enterprises, with incomes averaging above $100,000. The lowest-paying sectors include Accommodation and Food Services, Agriculture, Forestry, Fishing & Hunting, Retail Trade, and Other Services (excluding Public Administration), with incomes averaging around $20,000 to under $40,000.
2 2018-2019 Orange County Workforce Indicators Report, Orange County Business Council.

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2 Figure 2-1
Table 2-7
City Employment by Occupation
2019
Occupation Number of
Employees
% of
Total
Management, business, science, and arts
occupations
2,646 47.8%
Service occupations 874 15.8%
Sales and office occupations 1,277 23.1%
Natural resources, construction, and
maintenance occupations
311 5.6%
Production, transportation, and material
moving occupations
424 7.7%
Source: American Community Survey 5-Year Estimates Subject Table DP03, 2019.

As shown in Table 2-7, nearly half (47.8%) of the City’s civilian employed labor force is in “management, business, science, and arts” occupations, followed by “sales and office” occupations (23.1%) and “service” occupations (15.8%).

According to the EDD, the City’s labor force decreased from 6,500 in 2010 to 5,300 in 2021. Unemployment fluctuated in the last decade, with a high of 8.9% in 2020 (due to the pandemic) followed by 8.0% in 2012, to a low of 2.9% in 2019. As shown in table 2-8,

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2 the unemployment rate in Los Alamitos in April of 2021 was 6.3 percent. Overall, except for the change most likely associated with COVID-19, the employment rate has been improving in the City.

According to City tax records on the top 100 business license accounts, total employee count (based inside the City) increased from 7,737 to 10,161 in 2018, and then decreased slightly to 10,061, likely due to the pandemic. This corroborates the generally decreasing unemployment rate according to EDD data.

Table 2-8
Labor Force Trends
2010–2021
Year Labor Force Employment Unemployment Unemployment
Rate
2010 6,500 6,200 300 5.3%
2011 6,600 6,300 300 4.9%
2012 5,700 5,300 500 8.0%
2013 5,700 5,300 400 6.7%
2014 5,700 5,400 300 5.5%
2015 5,700 5,500 300 4.5%
2016 5,600 5,300 300 4.7%
2017 5,700 5,500 200 3.8%
2018 5,800 5,700 200 3.1%
2019 5,600 5,400 200 2.9%
2020 5,400 4,900 500 8.9%
Apr/2021 5,300 5,000 300 6.3%
Source: California EDD, 2021.

Los Alamitos is a small city in Orange County, a major employment hub which is slowly approaching full employment.3 The County’s strong labor market provides ample job opportunities for both county residents and residents of nearby counties such as Riverside and San Bernardino, which have 69,019 and 36,489 net commuters into Orange County, respectively. Orange County has a net worker inflow from neighboring counties including Los Angeles, despite a high worker outflow to Los Angeles (312,035 residents) from Orange County. These data suggest the City residents have relatively easy access to in-county job opportunities, while also being able to access jobs in neighboring counties including Los Angeles. This is evidenced by a commute time under one hour for 87.1% of workers 16 years and over who did not work from home.4 In 3 2018-2019 Orange County Workforce Indicators Report, Orange County Business Council. 4 American Community Survey 5-Year Estimates Subject Table S0801, 2019.

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2 addition, Los Alamitos’ physical location on the northern edge of the County makes it particularly susceptible to cross-commuting (outflow of City residents to other counties, and inflow of workers from other counties).

3. Household Characteristics
The US Census Bureau defines a household as all persons living in a single housing unit, whether or not they are related. One person living alone is considered a household, as is a group of unrelated persons living in a single housing unit. A family is defined as related persons living within a single housing unit.
a. Household Formation and Composition
Table 2-9 summarizes the change in the number of households in the City, County and State since 2000. In 2019, the American Community Survey reported 4,092 households in Los Alamitos, an approximately a 2.8 percent decrease from 2010. During the same period, total households in Orange County increased by about 4.5 percent and households in California increased by 3.7 percent.

Table 2-9
Total Households
2000–2019
Area 2000 2010 2019 Percent
Increase
2000-2010
Percent
Increase
2010-2019
Los Alamitos 4,180 4,212 4,092 0.8% -2.8%
Orange County 935,287 992,781 1,037,492 6% 4.5%
California 11,502,870 12,577,498 13,044,266 9% 3.7%
Sources: US Census, 2000 and 2010, American Community Survey 5-Year Estimates Subject Table DP02, 2019.

The average number of persons per household in Los Alamitos was 2.66 in 2010 and

2.63 in 2021. As shown in Table 2-10, the average persons per household in the City was less than the overall county average (above 2.9) in both 2010 and 2021.

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2 As shown in Table 2-11, households of 2 persons made up the largest segment of owner-occupied households, and households of 3 persons made up the largest segment of renter-occupied households. Two-person households comprised the second largest segment of renter-occupied households. One-person households comprised the second largest segment of owner-occupied households. Large households (5 or more persons) comprised 9 percent of the total households. The majority of units are rentals, about 58 percent.

Table 2-11
Household Size Distribution by Tenure
2019
Household
Size
Total Households Renter-Occupied
Households
Owner-Occupied
Households
Number % of Total
Households
Number % of Total
Households2
Number % of Total
Households2
1 Person 1,000 24% 544 23% 456 26%
2 Persons 1,136 28% 549 23% 587 34%
3 Persons 893 22% 585 25% 308 18%
4 Persons 691 17% 456 19% 235 14%
5 Persons 294 7% 184 8% 110 6%
6 Persons 44 1% 30 1% 14 1%
7 or More
Persons
34 1% 5 0% 29 2%
Total 4,0921 100.0% 2,353 58% 1,739 42%
Notes:
1 Represents Total Households
2 Percentages may not equal to 100% due to rounding.

Source: American Community Survey 5-Year Estimates Subject Table B25009, 2019.

Table 2-10
Average Persons per Household
2010–2021
Area 2010 2021
Los Alamitos 2.66 2.63
Orange County 2.99 2.94
Sources: US Census, 2010, California Department of Finance E-5, 2021.

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Administrative Draft 2021–2029
2 b. Household Income
As shown in Table 2-12, the median household income for Los Alamitos in 2019 was $88,729. This is $1,505 less than the county median. Within the City, the median income of owner-occupied households was $106,034, which is $34,567 more than that of renter-occupied households. Because of the higher percentage of renter households in the City, median income is lower overall when compared to the County.

Table 2-12
Median Household Income
2019
Area Median Income
Los Alamitos $88,7291
Owner-Occupied Households $106,034
Renter-Occupied Households $71,467
Orange County $90,234
Notes:
1 Represents occupied housing units.

Source: American Community Survey 5-Year Estimates Subject Table S2503, 2019.

HCD sets income limits for the purpose of determining program eligibility. Table 2-13 shows the current (2021) income limits applicable in Los Alamitos. The median household income for a family of four in 2021 is $106,700.

Table 2-13
Orange County Housing Program Income Limits
2021
Income Category Household Size
1-person 2-person 3-person 4-person
Extremely Low $28,250 $32,300 $36,350 $40,350
Very Low Income $47,100 $53,800 $60,550 $67,250
Low Income $75,300 $86,050 $96,800 $107,550
Moderate Income $89,650 $102,450 $115,250 $128,050
Median Income $74,700 $85,350 $96,050 $106,700
Source: HCD 2021 State Income Limits.

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2 Based on the American Community Survey data for 2019, Table 2-14 shows the income of Los Alamitos’ owner-occupied and renter-occupied households. A greater number of renter-occupied households have income levels in the extremely low and very low range than owner-occupied households.

Table 2-14
Household Income by Tenure
2019
Income Owner-Occupied
Households
Renter-Occupied
Households
Total Occupied
Households
Number % Number %1 Number %1
Less than $5,000 41 2.4% 74 3.1% 115 2.8%
$5,000-$9,999 0 0% 49 2.1% 49 1.2%
$10,000-$14,999 53 3% 58 2.5% 111 2.7%
$15,000-$19,999 38 2.2% 42 1.8% 80 2%
$20,000-$24,999 57 3.3% 106 4.5% 163 4%
$25,000-$34,999 119 6.8% 167 7.1% 286 7%
$35,000-$49,999 104 6% 319 13.6% 423 10.3%
$50,000-$74,999 201 11.6% 392 16.7% 593 14.5%
$75,000-$99,999 213 12.2% 278 11.8% 491 12%
$100,000-$149,000 315 18.1% 466 19.8% 781 19.1%
$150,000 or more 598 34.4% 402 17.1% 1,000 24.4%
Total 1,739 100.0% 2,353 100.0% 4,092 100.0%
Notes:
1 Percentages may not equal to 100% due to rounding.

Source: American Community Survey 5-Year Estimates Subject Table S2503, 2019.

4. Housing Stock and Market Conditions
This section describes the existing housing stock and current market conditions in Los Alamitos. Analysis of past and current housing trends provides a basis to project future housing needs.
a. Housing Stock Profile
Based on 2000, 2010, and 2021 US Census and California DOF estimates, less than onehalf percent of Orange County’s housing units are located in Los Alamitos. In 2000, the City had 4,329 housing units. By 2010, the number of units increased slightly to 4,355 and by 2021 to 4,437. Given the more rapid growth in other Orange County communities, Los Alamitos’ near build out conditions have contributed to its slow housing growth.

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Administrative Draft 2021–2029
2 Table 2-15
Number of Housing Units
2000–2021
Year Los Alamitos Orange County Los Alamitos as Percent of Total Orange County
Units
2000 4,329 969,484 0.45%
2010 4,355 1,048,907 0.42%
2021 4,437 1,118,971 0.40%
Sources: US Census, 2000 and 2010, and California Department of Finance E-5, 2021. i. Unit Size
As shown in Table 2-16, the American Community Survey reported two- or threebedroom units are the most common residential unit type in Los Alamitos, comprising

71.9 percent of all residential stock. Units with four or more bedrooms are also relatively common comprising 21.7 percent of all residential units. Studio and onebedroom units comprise only 6.4 percent of the total units.

Table 2-16
Unit Size
2019
Subject Estimate Percent
Total Housing Units 4,092 100%
No Bedroom 61 1.5%
1 Bedroom 201 4.9%
2 or 3 Bedrooms 2,942 71.9%
4+ Bedrooms 888 21.7%
Source: American Community Survey 5-Year Estimates Subject Table S2504, 2019.

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2 ii. Unit Type
As shown in Table 2-17, single family detached and multifamily units are evenly distributed housing types in Los Alamitos. As of 2019, 45.1 percent of the housing units are single-family detached and 41.1 percent are multifamily. Smaller multifamily developments (2-4 units) and mobile homes are increasing in percentage of total housing units, while single-family detached units and multifamily developments with 5 or more units declined in both number and percentage.

Table 2-17
Housing Inventory by Unit Type
2010–2019
Unit Type 2010 2019
Number % Number %1
Single family, detached 2,034 47.7% 1,907 45.1%
Single family, attached 364 8.5% 424 10%
Multifamily, 2-4 units 745 17.5% 872 20.6%
Multifamily, 5+ units 1,029 24.1% 868 20.5%
Mobile homes 96 2.2% 153 3.6%
Other (Boats, RV, etc.) 0 0% 0 0%
Total 4,268 100% 4,224 100.0%
Notes:
1 Percentages may not equal to 100% due to rounding.

Source: American Community Survey 5-Year Estimates Subject Table S2504, 2010 and 2019.

Table 2-18 illustrates the distribution of occupied unit types by tenure. The majority (78 percent) of owner-occupied units are single-family detached. The majority of renteroccupied units are within multifamily developments. Approximately 35 percent of renter-occupied units are in multifamily structures with 2 to 4 units and 32 percent are in structures with 5 or more units.

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2 Table 2-18
Tenure By Units In Structure
2019
Unit Type Owner-Occupied
Units
Renter-Occupied
Units
Total Occupied
Units
Number %1 Number %1 Number %1
Single family, detached 1,355 78% 480 20% 1,835 45%
Single family, attached 163 9% 261 11% 424 10%
Multifamily (2-4 units) 33 2% 813 35% 846 21%
Multifamily (5+ units) 76 4% 758 32% 834 20%
Mobile homes 112 6% 318 2% 153 4%
Other (Boats, RV, etc.) 0 0% 41 0% 0 0%
Total 1,739 100% 2,353 100% 4,092 100%
Notes:
1 Percentages may not equal to 100% due to rounding.

Source: American Community Survey 5-Year Estimates Subject Tables S2504, 2019. iii. Residential Building Permit Activity
Table 2-19
Residential Building Permits
2014-2020
Year Single Family Multifamily
(2-4 units)
Multifamily
(5+ units)
No. of
Units
Average
Value/Unit1
No. of
Units
Average
Value/Unit1
No. of
Units
Average
Value/Unit1
2014 1 - - - - -
2015 4 - - - - -
2016 2 - - - - -
2017 2 300,000 - - 5 150,000
2018 2 450,000 4 117,750 - -
2019 1 - 6 170,000 15 174,780
2020 3 - - - 22 209,216
Total 15 375,000 10 149,100 42 186,643
Notes:
1 Calculated using provided data.

Source: City of Los Alamitos.

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2 Table 2-19, above, describes residential building permit activity during the 2014-2021 planning period. Permits were issued for a total of 67 units. The majority of single-family units constructed were mobile homes. Multi-family developments with 5 or more units gained the most growth from 2017 to 2020, with an average value increasing from $150,000 to $209,216 per unit.

In addition to the permits listed above, 10 permits were issued for Accessory Dwelling Units (ADUs) between 2014 and 2020. Three of the 10 permits were completed in 2020 and 2021, and the others remain open as of July 2021. ADUs are a new building type in the City, which may provide additional housing opportunities in the 2022-2029 planning period, particularly for affordable housing (see Chapter 4, Housing Policy Program). b. Tenure
Approximately 42 percent of Los Alamitos’ housing units were owner-occupied in 2019.

As shown in Table 2-20, the percentage of owner-occupied housing units in Los Alamitos was comparatively less than California, and the reverse of Orange County as a whole.

Table 2-20
Occupied Units by Tenure
2019
Area Owner-Occupied Units Renter-Occupied Units Total Occupied Units Number % Number % Number %
Los Alamitos 1,739 42% 2,353 58% 4,092 100%
Orange County 595,272 57% 442,220 43% 1,037,492 100%
California 7,154,580 55% 5,889,686 45% 13,044,266 100%
Source: American Community Survey 5-Year Estimates Subject Table DP04, 2019.

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Administrative Draft 2021–2029
2 c. Vacancy Rates
Vacancy rates are an indicator of housing supply and demand. Low vacancy rates influence greater upward price pressures. Higher vacancy rates indicate downward price pressure. A four to five percent vacancy rate is considered “healthy” and indicates a well-functioning market. Based on DOF data, the vacancy rate in Los Alamitos remained constant, just below 3.3% between 2010 and 2021. Table 2-21 summarizes the occupancy status during these two years. According to American Community Survey estimates, the homeowner and rental vacancy rates are very close, at 1.6% and 1.4%, respectively. These data collectively imply high demand for both home ownership and rental in the City of Los Alamitos.

Table 2-21
Occupancy Status
2010-2021
Occupancy Status 2010 Percent 2021 Percent
Occupied Housing Units 4,212 96.72% 4,291 96.71%
Vacant Housing Units 143 3.28% 146 3.29%
Total Housing Units 4,355 100% 4,437 100%
Source: DOF, 2010 and 2021.
d. Age of Housing Stock
Age of a housing unit is often an indicator of housing condition. In general, housing units that are 30 years or older may exhibit need for repairs based on the useful life of materials. Housing over 50 years old is considered aged and is more likely to exhibit a need for major repairs.

Table 2-22 shows the housing units by year of construction and tenure. According to the 2019 American Community Survey, approximately 56 percent of all occupied housing units in Los Alamitos are over 50 years old. Another 32 percent are between 30 and 50 years old.

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2 Table 2-22
Year of Construction by Tenure (Occupied Units)
2019
Year Built Owner-Occupied
Units
Renter-Occupied Units Total Occupied
Units
Number % Number %1 Number %1
2014-Later 28 2% 10 0% 38 1%
2010-2013 0 0% 46 2% 46 1%
2000-2009 95 5% 97 4% 192 5%
1990-1999 62 4% 185 8% 247 6%
1980-1989 126 7% 200 8% 326 8%
1970-1979 263 15% 708 30% 971 24%
1960-1969 799 46% 706 30% 1,505 37%
1950-1959 281 16% 320 14% 601 15%
1940-1949 85 5% 25 1% 110 3%
1939 or earlier 0 0% 56 2% 56 1%
Total 1,739 100% 2,353 100% 4,092 100%
Notes:
1 Percentages may not equal to 100% due to rounding.

Source: American Community Survey 5-Year Estimates Subject Table DP04, 2019. e. Housing Conditions
Housing is considered substandard when found to be below the minimum standard of living defined in the California Health and Safety Code. Households living in substandard conditions are considered in need of housing assistance, even if they are not seeking alternative housing arrangements, due to health and safety threat.

In addition to structural deficiencies and standards, lack of infrastructure and utilities often serves as an indicator of substandard conditions. In 2019, the American Community Survey estimated 6 units lacking plumbing facilities and 36 units lacking complete kitchen facilities, as shown in Table 2-23. It should be noted that there may be some overlap in the number of substandard housing units, as some units may lack both complete plumbing and kitchen facilities. Table 2-23 shows that the majority of City housing stock does not lack plumbing or complete kitchen facilities, though more rental units lack complete kitchen facilities than owner-occupied units. The City has not conducted a housing conditions survey within the last five years, nor is new property owner inspection required.

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City of Los Alamitos 2-19
Administrative Draft 2021–2029
2 On average, the City sees approximately six residential units that require action from Code Enforcement on housing conditions annually. In the last five years (2017 to 2021), the City's Code Enforcement Division has issued 21 citations to single family homes, 10 citations to multi-family units, and one citation to mobile home parks related to substandard building/property conditions such as plumbing, roof damage, electrical, building, windows, HVAC, or property maintenance issues. Most of these property owners made the required repairs without financial assistance. There are around 12 citations pending investigation, inspection, or repair as of January 2022. On average, it is expected that 6 units may need rehabilitation each year, with a cumulative total of 18 units in need at any time. However, based on the recent Code Enforcement records, the City’s housing stock is generally in good condition; although some need repair and maintenance, it is unlikely to have units that need to be replaced. As a result of this analysis, the City has included 6 units per year in its quantified objectives for rehabilitation during the planning period.

Table 2-23
Units Lacking Plumbing or Complete Kitchen Facilities
2019
Tenure Lacking complete
kitchen facilities
Lacking plumbing
facilities
Number % Number % Total Units in City
Owner-Occupied Units 6 0.3% 6 0.3% 1,739
Renter-Occupied Units 30 1.7% 0 0% 2,353
Total Occupied Units 36 0.9% 6 0.1% 4,092
Source: American Community Survey 5-Year Estimates Detailed Tables B25053 and B25049, 2019. f. Housing Costs and Rents
This section evaluates housing cost and affordability trends in Los Alamitos. i. Affordability Gap Analysis
The costs of renting or owning a home can be compared to a household’s ability to pay for housing. Housing affordability is defined as paying no more than 30 percent of the household income on housing expenses. Table 2-24 summarizes the affordable monthly rent payment and estimated affordable purchase price by income categories, based on the 2021 HCD income limits for Orange County.

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2 Table 2-24
Affordable Rent and Purchase Price by Income Category
2021
Income Category % of AMI1 Income Limit Affordable
Monthly Rent
Payment2
Estimated
Affordable
Purchase Price3
Extremely-low
Income
≤ 30% AMI $40,350 ≤ $1,009 $211,294
Very-low Income 31%-50% AMI $67,250 $1,681 $352,157
Low Income 51%-80% AMI $107,550 $2,689 $563,189
Moderate Income 81%-120% AMI $128,050 $3,201 $670,538
Notes:
1Based on family of four. AMI = Area Median Income. 2 30 % Gross Rent or PITI. 3 Assumes 4.0% interest rate, 30-year mortgage. Mortgage payments equal to 30% of monthly income.

Source: HCD 2021 State Income Limits.
ii. Existing and New Home Price Trends
As shown in Table 2-25, 7.3 percent of the owner-occupied units were valued below $100,000. Approximately 1.7 percent were valued between $100,000 and $199,999.

Approximately 1.5 percent were valued between $200,000 and $299,999 and 89.6 percent were valued at $300,000 or more.

Table 2-25
Value of Owner-Occupied Housing Units
2019
Value Number of Units Percent of Total OwnerOccupied Units1 $49,999 or less 97 5.6%
$50,000 to $99,999 29 1.7%
$100,000 to $149,999 11 0.6%
$150,000 to $199,999 19 1.1%
$200,000 to $299,999 26 1.5%
$300,000 to $499,999 179 10.3%
$500,000 to $999,999 1,135 65.3%
$1,000,000 or more 243 14.0%
Total 1,739 100%
Notes:
1 Percentage may not equal to 100% due to rounding.

Source: American Community Survey 5-Year Estimates Subject Table DP04, 2019.

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Housing Needs Analysis
City of Los Alamitos 2-21
Administrative Draft 2021–2029
2 As shown in Table 2-26, the median value for owner-occupied homes in Los Alamitos was $761,200 in 2019. This represents a 24.1 percent increase from the median value of $613,600 in 2013. The median value of owner-occupied homes in the City continues to be higher than that of neighboring cities and the overall county, though it had the lowest growth rate between 2013 and 2019.

Table 2-26
Median Housing Value Trends
2013–2019
Jurisdiction Median Value, owner-occupied units Percent Change 2013 2019
Los Alamitos $613,600 $761,200 24.05%
Seal Beach $291,800 $371,600 27.35%
Long Beach $417,600 $556,100 33.17%
Cypress $496,600 $632,900 27.45%
Hawaiian Gardens $243,800 $363,500 49.10%
Orange County $519,600 $679,300 30.74%
Source: American Community Survey 5-Year Estimates Detailed Table B25077, 2013 and 2019. iii. Ownership Affordability
The median sale price for new and resale housing units in the City has been rising with fluctuations from as low as below $700,000 in 2017 to over $1.2 million in 2021.5 The 2018 Los Alamitos median home sales price was $925,000, which represents a 141% increase from 2000, slightly less than the 151% increase in the SCAG region.6 As shown in Table 2-19, since 2019 only four single-family homes were constructed, and available data shows one was priced at $1,995,000.7 These recent data show that home prices exceed the affordability range for all income categories at or below Moderate income. A four-person household earning an annual income equal to the 2021 HCD AMI of $106,700 for Orange County would be able to afford a $558,738 home, assuming a 30- year fixed-rate loan at 4 percent. The median sales price in Los Alamitos exceeds what a family earning the median could afford. Extremely-low, very-low, low and moderate households may have difficulty finding housing they can afford to purchase. 5 Redfin.com, Los Alamitos Housing Market, accessed June 3, 2021. 6 SCAG Local Profiles, Core Logic/Data Quick, May 2019. SCAG median home sales price calculated as household-weighted average of county medians.
7 Orange County Real Estate, Inc. Based on information from California Regional Multiple Listing Service, Inc. as of 2021-06-03 at 1:48 pm.

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Administrative Draft 2021–2029
2 iv. Rental Prices
There are a limited number of units listed for rent in Los Alamitos. Most renter-occupied units are privately owned single-family homes and few are in larger apartment complexes. Therefore, available market data for monthly rents is limited. Table 2-27 summarizes the median gross monthly rent for Los Alamitos based on the American Community Survey. In order to update this information to current (2022) conditions, representative rental rates for non-subsidized apartments were collected and are provided in Table 2-27, below. As shown, rents for available rental units on the market as of January 2022 are much higher than average rent reported in 2019 ACS, which can indicate increasing prices and scarcity of rental units in Los Alamitos, especially for larger units. Market rent for 3-bedroom units in 2022 is almost double that reported in the 2019 ACS, and there were few studios or 4+-bedroom units available on the market.

Table 2-27
Median Gross Rent by Unit Size
2019
Unit Size Average Monthly Rent
(2019 ACS)
Current Market Monthly Rent
(2022 rent.com)
Studio Not provided Not available
1 bedroom $1,289 $1,850 - $2,520
2 bedrooms $1,728 $1,950 - $3,375
3 bedrooms $2,292 $3,800 - $4,110
4 bedrooms $2,938 $2,750 - $4,500
Source: American Community Survey 5-Year Estimates Detailed Table B25031, 2019; rent.com and apartments.com, accessed January 25, 2020.

As shown in Table 2-28, at least 52 percent of renter-occupied households in Los Alamitos spend 30 percent or more of their household income on rent. The high rate of overpayment by renters coincides with the increasing market rent identified above, indicating a need for more affordable rental units in Los Alamitos.

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City of Los Alamitos 2-23
Administrative Draft 2021–2029
2 Table 2-28
Gross Rent as a Percentage of Household Income
2019
Percent of Household
Income Spent on Gross Rent
Number of Households Percent of RenterOccupied Households Less than 10.0 percent 95 4%

10.0 to 14.9 percent 261 11%

15.0 to 19.9 percent 260 11%

20.0 to 24.9 percent 309 13%

25.0 to 29.9 percent 164 7%

30.0 to 34.9 percent 224 10%

35.0 to 39.9 percent 135 6%

40.0 to 49.9 percent 242 10%

50.0 percent or more 605 26%
Not computed 58 2%
Total 2,353 100%
Source: American Community Survey 5-Year Estimates Detailed Table B25070, 2019. v. Rental Affordability
Based on the average rents for housing in Los Alamitos and the surrounding areas, a very-low income family may not be able to afford a 2-bedroom unit. A low-income family would be able to afford up to a 3-bedroom unit. Four-bedroom units are only affordable to those in the moderate and above-moderate income categories. Lowerincome large households may have difficulty finding adequate-size housing that is affordable.

C. Housing Needs
This section provides an overview of existing and future housing needs in Los Alamitos.

It focuses on five categories:
§ Housing need resulting from households overpaying for housing; § Housing need resulting from overcrowding;
§ Housing need for extremely low-income households;
§ Housing need based on SCAG’s Regional Housing Needs Assessment; and, § Housing needs of special needs groups such as seniors, large households, persons with disabilities (including developmental disabilities), female-headed households, homeless persons and farmworkers.

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2 1. Households Overpaying for Housing
Households experiencing overpayment are households paying more than 30 percent of their gross income on housing-related expenses, including rent or mortgage payments and utilities. High housing costs can cause households to spend a disproportionate percentage of their income on housing and can result in payment problems, deferred maintenance and/or overcrowding.

Overpayment is often more prevalent in renter-occupied than in owner occupied households. The Comprehensive Housing Affordability Strategy (CHAS) database, provided by HUD based on American Community Survey data, describes the number of households, by income, with housing cost burdens. The latest CHAS data for the 2013- 2017 period for Los Alamitos are shown in Table 2-29. Of all owner-occupied households, 26% are overpaying for housing, and 9% are severely overpaying. The percentages are higher when analyzing lower-income households as a group. Of all lower-income owner-occupied households, 48% are overpaying, and 27% are severely overpaying.

Of all renter households, 48% are overpaying, and 23% are severely overpaying. Of all lower-income renter households, 81% are overpaying, and 42% are severely overpaying.

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2 Table 2-29
Overpayment by Income Level, 2013-2017
Income Category1 Owner
Households
Percent
Owner
Renter
Households
Percent
Renter
Household Income £ 30% HAMFI 205 370
Households overpaying 140 68% 300 81%
Households severely overpaying 90 44% 300 81%
Household Income > 30% HAMFI and £ 50% HAMFI 195 390
Households overpaying 90 46% 365 94%
Households severely overpaying 55 28% 210 54%
Household Income > 50% HAMFI and £ 80% HAMFI 205 525
Households overpaying 60 29% 375 71%
Households severely overpaying 20 10% 25 5%
Subtotal: All lower-income households 605 1285
Subtotal: All lower-income HH overpaying 290 48% 1040 81% Subtotal: All lower-income HH severely overpaying 165 27% 535 42% Household Income > 80% HAMFI and £ 100% HAMFI 190 190
Households overpaying 100 53% 19 10%
Households severely overpaying 0 0% 4 2%
Household Income > 100% HAMFI 995 835
Households overpaying 80 8% 60 7%
Households severely overpaying 0 0% 0 0%
Total Households 1,795 2,315
Total Households Overpaying 470 26% 1,119 48%
Total Households Severely Overpaying 165 9% 539 23%
Note: 1HAMFI = HUD Area Median Family Income
“Overpaying” is defined as spending >30% of gross household income on housing costs. “Severely overpaying” is defined as spending >50% of gross household income on housing costs.

Source: U.S. Dept. of Housing and Urban Development, CHAS data for Los Alamitos, based on 2013-2017 ACS.

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2 2. Overcrowding
An overcrowded unit is defined by the California Department of Housing and Community Development (HCD) as a housing unit occupied by more than one person per room (excluding bathrooms, kitchen, hallway and closet space). Overcrowding can affect public facilities and services, reduce the quality of the physical environment and create conditions that contribute to deterioration of the housing stock.

Table 2-30 summarizes estimates of overcrowding in Los Alamitos as estimated by the American Community Survey in 2019. Only four percent of total units were overcrowded. Of all 167 overcrowded units, 80.2% were renter-occupied units and

19.8% were owner-occupied units.

Severely overcrowded units have more than 1.5 persons per room and are a subset of overcrowded units. They account for 0.4% of all occupied housing units in the City, including 11 owner-occupied units and 7 renter-occupied units.

Table 2-30
Overcrowding, 2019
Persons per Room Owner-Occupied
Units
Renter-Occupied
Units
Total Percent1
of Total

1.00 or less 1,706 2,219 3,925 95.9%

1.01 to 1.50 22 127 149 3.6%

1.51 to 2.00 11 7 18 0.4%

2.01 or more 0 0 0 0%
Total Overcrowded 33 134 167 4.0%
% Overcrowded by Tenure 1.9% 5.7% - -
Total Severely Overcrowded 11 7 18 0.4%
% Severely Overcrowded by Tenure 0.6% 0.3% - -
Note: 1 Percentage may not equal to 100% due to rounding.

Source: American Community Survey 5-Year Estimates Detailed Table B25014, 2019.

As shown, the number of overcrowded units in Los Alamitos is relatively low. Future affordable housing developments should consider including a limited number of units with 3 or more bedrooms to help accommodate larger households. Other affordable housing options that can alleviate overcrowding are ADUs and JADUs, which are permitted by the Zoning Code in all residential zones. The City has issued ten permits for ADUs in the last planning period (see Table 2-19, Residential Building Permits), and a program to track their progress is included to determine whether they will become an

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2 effective means of accommodating lower income household need. No ADU sites are included in the City’s Land Inventory for purposes of meeting the RHNA allocation for the 2021-2029 planning period.

3. 2021–2029 Growth Needs
SCAG is responsible for allocating housing needs to each jurisdiction in its region, including Los Alamitos. A local jurisdiction’s “fair share” of regional housing need (also known as the Regional Housing Needs Allocation (RHNA)) is the number of additional housing units needed to accommodate the expected growth in the number of households and to replace expected demolitions and conversion of housing units to non-residential uses. The “fair share” allocation is also designed to achieve a future vacancy rate that allows for healthy function of the housing market.

The allocation is divided into four income categories: very-low, low, moderate and above-moderate income. Cities must also plan for the growth needs in the extremelylow income category, which is assumed to be a subset equal to 50 percent of the verylow income allocation. The RHNA allocation is not a requirement for jurisdictions to construct these units; it is only a requirement to create policies and programs to encourage the construction of units and to identify adequate sites to accommodate the jurisdiction’s “fair share.”
Table 2-31 summarizes the City of Los Alamitos’ RHNA for the 2021–2029 Planning Period.

Table 2-31
Regional Housing Needs Allocation
2021–2029
Extremely
Low Income
Very-low
Income1
Low
Income
Moderate
Income
AboveModerate
Income
Total
Allocation
Housing
Units 97 97 119 145 311 769
Notes:
1 Although not provided in the RHNA state law requires cities to plan for units to accommodate extremely low income, which can be estimated at 50% of very-low income, or 97 units.

Source: Based on SCAG's 6th cycle Final RHNA Allocation, adopted March 2021.

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2 4. Special Needs Groups
Certain segments of the population may have more difficulty finding decent, affordable housing due to their special needs. This section identifies the needs of specific groups, as required by State law, including: seniors, large households, female-headed households, persons with disabilities including developmental disabilities, homeless persons, and farmworkers.
a. Seniors
Seniors are considered a special needs group because they are likely to have fixed incomes and may require specially-designed housing. The primary housing concerns of the elderly include:
§ Income—the elderly population is generally on a fixed income; § Household composition—the elderly, especially elderly women, often live alone; § Transportation—the elderly population is more likely to depend on public transportation and may need special accommodation due to physical disabilities/limitations; and,
§ Health care—the elderly often need access to health care.

As shown in Table 2-32, senior households (with householders age 65 and older) comprised 28 percent of the total households in Los Alamitos in 2019. The 1,165 senior households correspond to a senior population of 1,876 in 2019. Home ownership data shown in the table below indicates that approximately 33% of seniors are renters, and 67% are homeowners.

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2 Table 2-32
Householders by Tenure and Age
2019
Owner-Occupied
Households
Renter-Occupied
Households
Total Households
Householder Age # % OwnerOccupied
Households
# % RenterOccupied
Households
# % Total
Households
15–24 years 9 1% 46 2% 55 1%
25–34 years 31 2% 398 17% 429 10%
35–64 years 922 53% 1,521 65% 2,443 60%
Non-Senior Households 962 55% 1,965 84% 2,927 72%
65–74 years 369 21% 333 14% 702 17%
75—84 years 259 15% 36 2% 295 7%
85 plus years 149 9% 19 1% 168 4%
Senior Households 777 45% 388 16% 1,165 28%
Total 1,739 100% 2,353 100% 4,092 100%
Source: American Community Survey 5-Year Estimates Detailed Table B25007, 2019.

As indicated in Table 2-33, in 2019, the American Community Survey estimated the median household income for households with a householder age 65+ years in Los Alamitos was $60,250 and $63,728 in Orange County.

Table 2-33
Senior Householder Median Income
2019
Householder Age City of Los Alamitos
2019 Median Income
Orange County
2019 Median Income
65 plus years $60,250 $63,728
Source: American Community Survey 5-Year Estimates Detailed Table B19049, 2019.

Table 2-34 shows the distribution of senior householders by household income in 2019.

Of the senior households, 21 percent had an income of less than $25,000. An additional 39 percent earned between $25,000 and $74,999.

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2 Table 2-34
Household Income for Householders Age 65+ years
2019
Household Income Householders Age 65+
years
Percent of Householders Age
65+ years
< $25,000 240 21%
$25,000-$34,999 126 11%
$35,000-$49,999 112 10%
$50,000-$74,999 212 18%
$75,000-$99,999 109 9%
$100,000-$149,999 164 14%
$150,000-$199,999 106 9%
≥$200,000 96 8%
Total 1,165 100%
Source: American Community Survey 5-Year Estimates Detailed Table B19037, 2019.

According to the 2019 American Community Survey data,8 at least 199 out of 388 senior householders that rent experience overpayment (gross rent over 30 percent of household income); at least 227 out of 777 senior householders that are homeowners experience overpayment (monthly owner costs over 30 percent of household income).

The slowly increasing number of seniors in the population is creating a demand for more affordable housing.

Currently, there is one affordable housing community in Los Alamitos for seniors aged 62 and over. Klein Manor, located east of Laurel Park, offers 71 apartment units including studios and one-bedroom units, as well as a few accessible units for the sensory/mobility impaired. Klein Manor is operated by the Retirement Housing Foundation and charges approximately 30% of the resident income for rent.

Senior housing needs can include low-income apartments, retirement communities, independent living centers, assisted living centers, nursing homes, and hospice care centers. The City runs several programs for senior citizens. Additional housing resources include privately-run senior communities in and around the City. 8 American Community Survey 5-Year Estimates Detailed Tables B25072 & B25093, 2019.

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2 Table 2-35
Senior Resources in Los Alamitos
Organization Services Provided
Katella Senior Living Community Independent living, assisted living, memory care, respite care
Senior Grocery Program Food distribution
Los Alamitos Senior Club Social activities and events with weekly meeting at Community Center
Dine In & Dough House Twice a week lunch experience hosted by the Los Alamitos Recreation & Community Services Department
b. Large Households
Large households are defined as having five or more persons living in the same household. Large households are a special needs group because they require housing with higher bedroom counts. As shown in Table 2-36, 372 of the City’s total households had five or more persons in 2019. This represents a 12% increase from year 2011 (332 households). Of the 372 large households, 219 (58.9%) are renters and 153 (41.1%) are owners. ACS also identified a total of 888 housing units with 4 or more bedrooms (see Table 2-16), which may indicate generally sufficient large housing units to accommodate large households.

Table 2-36
Large Households by Tenure
2019
Number of Persons in Unit Owner-Occupied
Households
Renter-Occupied
Households
Total Households
Five 110 184 294
Six 14 30 44
Seven or more 29 5 34
Total 153 219 372
Note:

Total Households Citywide= 4,092
Source: American Community Survey 5-Year Estimates Subject Table B25009, 2019.

Note that renters occupy 6.0% of overcrowded units (see Table 2-30), which is a relatively low percentage. Only 81 of 888 units with four or more bedrooms are occupied by renters,9 coinciding with the overcrowding data. 9 American Community Survey 5-Year Estimates Detailed Tables B25042, 2019.

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2 Larger units are typically priced higher and may be affordable only to moderate and above moderate income households. There may be a challenge for lower income large households to find affordable and adequate housing. The City implements programs to encourage development of affordable housing units and provide information on, and referral to, state and federal assistance programs.
c. Female-Headed Households
Female-headed households are considered a special needs group due to their historically low rates of homeownership, lower income, and high poverty rates. Table 2- 37 summarizes the female-headed households by tenure, with and without children.

Approximately 33 percent of Los Alamitos’ households are female-headed, and 18 percent of total households are female-headed family households. Approximately 20 percent of renter-occupied households are female-headed families compared to 14 percent of owner-occupied households that are female-headed families.

Table 2-37
Female-Headed Family Households by Tenure
2019
Owner-Occupied
Households
Renter-Occupied
Households
Total Households
Householder
Age
Number % of OwnerOccupied
Households1
Number % of RenterOccupied
Households2
Number % of Total
Households3
Female
householder, no
spouse present,
with children
under 18 years
19 1% 308 13% 327 8%
Female
householder, no
spouse present,
without own
children
220 13% 169 7% 389 10%
Total 239 14% 477 20% 716 18%
Notes:
1 Total Owner-Occupied Households= 1,739 2 Total Renter-Occupied Households= 2,353 3 Total Households= 4,092 Source: American Community Survey 5-Year Estimates Subject Table B25115, 2019.

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2 As shown in Table 2-38, in 2019 the majority of female-headed households (82 percent) were above the poverty level. Approximately 31 percent of female-headed households with children were below the poverty level.

Table 2-38
Poverty in Female-Headed Family Households
2019
Household Type Below Poverty Level Above Poverty Level
Number % of Household
Type1
Number % of Household
Type1
Female householder, no spouse
present, with own children under
18 years
123 31% 275 69%
Female householder, no spouse
present, without own children
7 2% 311 98%
Total 130 18% 586 82%
Notes: 1 ACS figures subject to margin of error; total female-headed households, no spouse present, with own children under 18 years= 398; total female-headed households, no spouse present, without own children= 318 Source: American Community Survey 5-Year Estimates Subject Table B17012, 2019. d. Persons with Disabilities
The disabled population includes several special needs groups such as, but not limited to, the physically handicapped, developmentally disabled, and severely mentally ill.

Typically housing for the needs of these populations include independent living units and supportive housing communities. Affordability and accessibility are the two major housing needs for persons with disabilities.

Accessibility needs, both within the home and to/from the housing unit, often require specially designed housing units. The City’s reasonable accommodation ordinance (Municipal Code Chapter 17.42) provides a process for disabled individuals or those acting on their behalf to make requests for reasonable accommodation in the form of relief from various land use regulations such land use, zoning, or building laws and policies.

Table 2-39 shows the number of disabilities by type for Los Alamitos residents. The 2019 ACS identified 1,039 persons in the City with disabilities, of which 486 (46.8%) were persons over the age of 65. Individuals may be affected by one or more types of disability. The most prevalent disabilities in the City are ambulatory difficulty (24.6%) and cognitive difficulty (19.0%).

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2 Table 2-39
Number of Disabilities by Disability Type and Age
2019
Ages under 18 Ages 18-64 Ages 65 and over
Disability Type # of
disabilities
% of total
disabilities
# of
disabilities
% of total
disabilities
# of
disabilities
% of total
disabilities
Hearing Difficulty 0 0% 45 2.3% 246 12.4%
Vision Difficulty 20 1.0% 142 7.2% 84 4.2%
Cognitive Difficulty 76 3.8% 175 8.8% 126 6.4%
Ambulatory Difficulty 28 1.4% 145 7.3% 315 15.9%
Self-Care Difficulty 38 1.9% 108 5.4% 132 6.7%
Independent Living
Difficulty * * 90 4.5% 214 10.8%
Total 162 8% 705 35.5% 1,117 56.3%
Total Disabilities 1,984 Total Civilian Non-Institutionalized Population with a Disability
1,039
* data not provided
Source: American Community Survey 5-Year Estimates Subject Table S1810, 2019.

In 2019, the 486 senior residents with one or more disabilities represented nearly 26% of the total senior population (1,876). The most prevalent disabilities among seniors are ambulatory difficulty (15.9%) and hearing difficulty (12.4%). As discussed above, Klein Manor, a subsidized housing project, includes several accessible units for the sensory/mobility impaired. Assisted living resources also include Katella Senior Living Community as well as other providers around the City.

Developmental Disabilities
Per Senate Bill No. 812, the Housing Element must discuss the housing needs of persons with developmental disabilities. As defined by federal law, “developmental disability” means a severe, chronic disability of an individual that:
• Is attributable to a mental or physical impairment or combination of mental and physical impairments;
• Is manifested before the individual attains age 22;
• Is likely to continue indefinitely;
• Results in substantial functional limitations in three or more of the following areas of major life activity: a) self-care; b) receptive and expressive language; c) learning; d) mobility; e) self-direction; f) capacity for independent living; or g) economic self- sufficiency;

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2 • Reflects the individual’s need for a combination and sequence of special, interdisciplinary, or generic services, individualized supports, or other forms of assistance that are of lifelong or extended duration and are individually planned and coordinated.

The Census does not record developmental disabilities. According to the American Association on Intellectual and Developmental Disabilities, 2013 data shows that approximately 1.6 percent of the population can be defined as developmentally disabled.10,11 This equates to 185 persons in the City of Los Alamitos with developmental disabilities, based on the 2019 ACS population of 11,534 persons. Based on SCAG data, as of June 2019, there are 170 children (under 18 years old) and 89 adults (18 years and over) with developmental disabilities in the City.12 The State department of Developmental Services provides community-based services to developmentally disabled persons through contracted regional centers. The Regional Center Orange County (RCOC) is responsible with the care of persons with developmental disabilities in Orange County. RCOC currently serves 176 individuals with developmental disabilities in Los Alamitos. Table 2-40 provides a breakdown by age of those helped through RCOC programs.

Table 2-40
Developmentally Disabled Residents by Age
2021
0–14 15–22 23–54 55–64 65+ Total
81 46 44 2 3 176
Source: RCOC, 2021.

Many developmentally disabled persons can live and work independently within a conventional housing environment. More severely disabled individuals require a group living environment where supervision is provided. The most severely affected individuals may require an institutional environment where medical attention and physical therapy are provided. Because developmental disabilities exist before adulthood, the first issue in supportive housing for the developmentally disabled is the transition from the person’s living situation as a child to an appropriate level of independence as an adult.
10 Braddock et al (2015), The State of the States in Intellectual and Developmental Disabilities: Emerging from the Great Recession.
11 American Community Survey 5-Year Estimates Table DP05, 2013. 12 CA DDS consumer count by CA ZIP, age group for the end of June 2019.

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2 Resources
The most obvious housing need for persons with disabilities is housing that is adapted to their needs. Most single-family homes are inaccessible to people with mobility and sensory limitations. Housing may not be adaptable to widened doorways and hallways, access ramps, larger bathrooms, lowered countertops, and other features necessary for accessibility. Location of housing is also an important factor for many persons with disabilities, as they often rely upon public transportation to travel to necessary services and shops. “Barrier free design” housing, accessibility modifications, proximity to services and transit, and group living opportunities are important in serving this group.

A variety of housing options and support services are provided by local and regional service agencies in Orange County, including:
• The Aging and Disability Resource Connection (ADRC) initiative is a collaborative effort of the U.S. Administration on Aging and the Centers for Medicare and Medicaid Services, in support of state efforts to develop “one-stop shop” centers in local communities that help older adults and individuals with disabilities make informed decisions about their service and support options and serve as the single point of entry to the long-term care system. ADRC of Orange County helps people who are aging or have a disability, their families and caregivers, in understanding their options and successfully connecting with the services and supports they need.
• County of Orange Social Services Agency In-Home Supportive Services (IHSS) provides supportive services to persons who are aged, blind, or disabled, and who are limited in their ability to care for themselves and cannot live at home safely without assistance. Recipients of Security Supplemental Income (SSI/SSP) are eligible for IHSS, and people with higher income might still be eligible but subject to payment.
• Dayle McIntosh Center (DMC) is a non-profit organization that facilitates both individual and community independent living options for people with disabilities through support services, skills training, transition assistance, services for the deaf, and community services.
• Glennwood Housing Foundation, Inc is a non-profit corporation providing nonprofit housing and supported living services to adults with developmental and/ or intellectual disabilities. Glennwood House of Laguna Beach offers individual apartment style living on a 33,000 square foot site that includes ADA compliant state-of-the-art living, dining, kitchen, two recreational/multi-media lounges, and communal social spaces. The program aims to assist participants in developing daily living skills that enable them to live independently and live, work, and play in the local community.

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2 • The Arc Los Angeles and Orange Counties is committed to providing for people with intellectual and developmental disabilities the ability to form and work towards goals through training and education, based on their individual abilities.

The Arc is the world’s largest community based organization of and for people with intellectual and developmental disabilities. The Los Angeles & Orange Counties chapter serves over 200 children and adults with intellectual and other developmental disabilities from 26 cities in the area.
• Help for Brain Injured Children (H.B.I.C.) is a non-profit organization that focuses on the physical and environmental condition of the neurologically impaired child and young adults. H.B.I.C. assists in the medical rehabilitation and educational processes with the most appropriate programs available, including an adult day program, a certified non-public school (Cleta Harder Developmental School), and behavioral intervention.
• The Lighthouse Group is a non-profit organization serving adults with special needs by providing community and support through monthly clubs, camp experiences and other events. Lighthouse Orange County serves 50-70 participants on a weekly basis.
• ACCESS is a shared-ride service provided by Orange County Transportation Authority for people who are unable to use the regular, fixed-route bus service because of functional limitations caused by a disability. ACCESS service is provided within ¾ mile of, and during the same hours as, the Orange County Bus service. Subscription service and same-day taxi service are also available at the cost of the OC ACCESS base fare.
e. Homeless Population and Transitional Housing
Due to the transient nature of homelessness, enumeration of this population is difficult.

The homeless population tends to move from place to place based on available services such as food and temporary living quarters. People experiencing homelessness may live in emergency shelters, transitional housing programs, or motel or hotel vouchers paid by third-party agencies such as nonprofits, religious organizations and local government agencies. Unsheltered homeless people use as primary nighttime location a public or private place not designated for, or ordinarily used as, a regular sleeping accommodation for people such as the streets, abandoned buildings, vehicles or parks.

The most recent data on the homeless population in Orange County is provided through the 2019 Point-in-Time (PIT) Count Survey and Report. The data provide a snapshot of homelessness on a particular date and time. The 2019 PIT Count for Orange County determined there was one unsheltered homeless individual and 21 sheltered

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2 individuals/families in Los Alamitos.13 The unsheltered individual was not identified as a transitional aged youth (age 18-24), veteran, or senior (age 62 and over). While PIT counts for earlier years are not available at the city level, Orange County saw an increase of 2,068 persons or 43% in PIT count from 2017 to 2019. Less than 0.2% of the City of Los Alamitos population experienced homelessness in 2019, including both sheltered and unsheltered. The City is in a better situation than the overall county.

In Los Alamitos, there are two emergency/transitional shelters serving specialized populations. The Precious Life Shelter serves homeless pregnant women with a total of 27 beds and a three-step program: emergency program, transitional program, and single parent efficiency program. Casa Youth Shelter provides shelter and supportive services for homeless or at-risk youth ages 12 to 17. The facility has 12 beds and serves an average of more than 200 youth per year. Many of Casa Youth Shelter’s clients are referred from other cities. In addition to these shelters, We Care provides rental and utility assistance for Los Alamitos families and individuals with emergency need.

At the time of the 2019 PIT Count for Orange County, 738 emergency shelter and transitional housing beds remained vacant. Of these, 242 unused beds were in the North Planning Area (including Los Alamitos), and 183 were at the Armory Cold Weather Shelter Program (Fullerton and Santa Ana locations). Therefore, the City should have sufficient capacity and resources to accommodate people experiencing homelessness within its jurisdiction, and no additional facilities would be required.

The City permits homeless shelters with up to 20 beds and conditionally allows those with more than 20 beds in the Planned Light Industrial (P-L-I) zone. The P-L-I zone is appropriate for such facilities because these lands are located near commercial and school sites and in areas where other governmental services are available. The City allows transitional and supportive housing in all residential districts subject to only those restrictions that apply to other residential uses of the same type in the same zone.

AB 101 requires that Low-Barrier Navigation Centers (LBNC) be a by-right use in areas zoned for mixed-use and nonresidential zoning districts permitting multifamily uses.

LBNC provide temporary room and board with limited barriers to entry while case managers work to connect homeless individuals and families to income, public benefits, health services, permanent housing, or other shelter. Policy Action 4.6 has been provided to require that the Zoning Ordinance be amended to meet this requirement. 13 Everyone Counts 2019 Point In Time Final Report, County of Orange, California, July 30, 2019.

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2 f. Farmworkers
The 2019 American Community Survey estimated only 8 (less than 0.07 percent) of Los Alamitos’ residents were employed in agriculture, forestry, fishing and hunting, and mining. These 8 workers are in production, transportation, and material moving occupations. Active agricultural production is limited in Orange County. It is assumed that very few, if any, of the residents are employed in active agricultural production or harvesting. The 2018 ACS estimated no resident employed in the agriculture and related industries. Therefore, there is no identified need for farmworker housing in Los Alamitos. Nevertheless, as with other special needs, these farmworker households, if any, can benefit from City incentives for developers to increase/maintain affordable units that are available to all segments of the population. g. Extremely-Low Income Households
Although extremely-low income households are not specifically identified by the State as a special needs group, their specific housing needs warrant further analysis.

Extremely-low income (ELI) households are defined as households with incomes less than 30 percent of the area median income (AMI). ELI households are a subset of the very low-income household category. The provisions of Government Code Section 65583 (a)(1) require quantification and analysis of existing and projected housing needs of extremely-low income households. The AMI for a 4-person household in Orange County is $106,700. ELI household incomes are defined by HCD and HUD as those earning less than $40,350.14 In 2019, at least 12.7 percent of Los Alamitos households were within the extremely-low income category (refer to Tables 2-13 and 2-14; household income less than $25,000).

Existing Needs
Table 2-41 provides a summary of housing problems experienced by extremely-low income households in the City of Los Alamitos. According to data from the 2013 to 2017 CHAS provided by HUD, 575 households (14% of total households) in Los Alamitos are considered extremely low-income. The majority (64%) of ELI households are renters. Up to 77 percent of extremely-low income households experience at least one type of housing problem, including incomplete kitchen and plumbing facilities, overcrowding 14 Per HUD, the Extremely Low Income (ELI) income limit is the greater of either: 1) 60% of Very Low Income limit $67,250), which equals $40,350, or 2) poverty guideline established by Dept. of Health and Human Services (HHS), which equals $26,200.

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2 and severe overcrowding, and overpayment. Renter ELI households are more likely to experience overpayment or severe overpayment (81% for either) than owner ELI households (68% and 44%, respectively).

Table 2-41
Housing Problems for Extremely Low-Income Households
2013–2017
Renters Owners Total
Households
Extremely-low Income
Households 370 205 575
% with any Housing Problem1 81% 68% 77%
% Cost Burden2 > 30% 81% 68% 77%
% Cost Burden2 > 50% 81% 44% 68%
Notes:
1“Housing Problem” defined as any occupied housing units lacking a complete kitchen, lacking complete plumbing, having 1.01 or more persons per room (overcrowded), or costing more than 30 percent of the occupant household’s income (overpayment). 2Percentage of household income spent on housing cost.

Source: U.S. Department of Housing and Urban Development, CHAS, based on the 2013-2017 ACS.

Projected Needs
To calculate projected ELI housing needs, the City assumed 50% of its very low income Regional Housing Needs Allocation (RHNA) consists of ELI households. From its very low income need of 194 units (see Table II-31), the City has projected a need of 97 units for ELI households.

The needs of extremely low-income households may include housing units designed for transient/homeless populations, multifamily rental housing, factory-built housing, mobile homes, housing for agricultural employees, supportive housing, single room occupancy units, and workforce housing. Extremely low income households are eligible to receive rental assistance through the Orange County Housing Authority’s Housing Choice Voucher (Section 8) program. There are no affordable housing units designated for ELI households within the City. Small ELI households may also find affordable housing in typically affordable options such as Single Room Occupancy (SRO) hotels, and accessory dwelling units (ADUs). ADUs are permitted in all residential zones. While SRO was removed from the allowed uses during a Zoning Code update in 2019, the City plans to add SRO as a permitted use in the P-L-I zone in 2022 as described in Policy Action 4.8.

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3 CHAPTER 3

HOUSING RESOURCES AND

CONSTRAINTS
A. Governmental Constraints
State law requires that housing elements identify and analyze potential and actual governmental constraints to the maintenance, improvement, or development of housing for all income levels, including housing for people with disabilities. The analysis should identify the specific standards and processes of these constraints and evaluate their impact on the supply and affordability of housing. The analysis should determine whether local, regulatory standards pose an actual constraint and must also demonstrate local efforts to remove constraints that hinder a jurisdiction from meeting its housing needs. Governmental constraints may include policies, standards, requirements or actions imposed by government on land and housing use and development. Although State and federal agencies may also impose governmental constraints upon housing, these agencies are beyond the control of local government and are therefore not included in this analysis.

1. Land Use Controls
a. Los Alamitos 2035 General Plan
Every city in California is required by State law to have a General Plan, which establishes policy guidelines for development in the city. The General Plan is the foundation for all land use controls. The Land Use Element identifies the location, distribution and density of land uses throughout the city. Los Alamitos utilizes a number of planning tools, including zoning regulations and the subdivision ordinance, to implement the General Plan.

The Los Alamitos 2035 General Plan provides for three residential and one mixed use land use designations in the City. Table 3-1 summarizes these designations and their associated density ranges and acreages. Densities for residential designations are expressed in dwelling units per acre (du/ac).

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3 Table 3-1
Los Alamitos 2035 General Plan
Residential Land Use Designations
Designation Description Acreage Density
Range
Single Family
Residential Single family detached homes on individual lots 258 1-6 du/ac Limited
Multiple
Family
Residential
Single family detached and attached residences,
including small lot subdivisions, townhouses,
courtyard homes, duplexes and triplexes. Live/work
uses are also permitted, subject to the uses
permitted by the Professional Office designation.
18 6-20 du/ac,
Max office
space 500
square feet
per unit
Multiple
Family
Residential
Single family detached and attached residences,
including all development permitted in other
residential categories as well as stacked flats and
other building types with 4 or more units. Other uses
such as convalescent hospitals, churches, and mobile
home parks are also permitted subject to special
procedures such as a Conditional Use Permit.
145 20-30 du/ac
Mixed Use
Vertical or horizontal mix of commercial, office,
public/quasi-public, and/or residential uses on the
same parcel. Stand-alone (not mixed-use)
commercial, office, and public/quasi-public uses are
also permitted. For parcels that front Los Alamitos
Boulevard or Katella Avenue, the ground floor is
required to consist of those uses permitted
or conditionally permitted in the General
Commercial Zoning District.
19 30 du/ac
Source: Los Alamitos 2035 General Plan.

When the General Plan was prepared in 2013, there were approximately 4,421 dwelling units in the City. The build-out analysis identified a maximum potential of 251 net additional units that could be built. In total, 4,672 dwelling units are anticipated within the City limits at build-out. DOF reports 4,437 dwelling units within the City as of January 2021, leaving a potential for 235 units to be added to the City’s housing stock.

Since the adoption of the General Plan, the City has undertaken the preparation of a Town Center Strategic Plan, which is intended to provide for higher density (up to 60 units per acre) residential in a mixed use atmosphere. The intent of the Town Center is to create a full integrated commercial and residential environment which provides an activated and vibrant downtown. As provided in Appendix B, Land Resources, the City has assumed that some of its lower income RHNA will be accommodated in the Town Center. In addition, two larger properties which have housed businesses in the City are

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3 currently being marketed for sale by their owners, and the businesses are planned for closure. The City has seen a significant interest in the redevelopment of these sites, and anticipates that a portion of its RHNA will be accommodated on these lands (also see Appendix B and Section 4, which provides Policy Actions for the creation of new zoning designations and the rezoning of properties included in the City’s sites inventory). The expansion of high-density residential lands over those included in the City’s current General Plan will provide additional opportunities for housing at all income levels, expand the City’s options for meeting its RHNA allocation, and eliminate any potential constraint associated with General Plan designations and land availability.

All Multi-family properties which are adding square footage are required to comply with the City's requirement for Site Development Permit.

Growth Management Element
The Growth Management Element of the City’s General Plan contains policies for the planning and provision of traffic improvements that are necessary for the City’s orderly growth and development. The policies and programs presented in the Element are for the establishment of specific traffic Level of Service (LOS) standards, a development mitigation program, participation in inter-jurisdictional planning forums, development of a seven-year capital improvement program, and adoption of a Transportation Demand Management Ordinance.

Under the Element’s Policy 1.2, all new development within the City are required to establish a development phasing plan commensurate with required improvements.

Within three years of the issuance of the first building permit or within five years of the first grading permit for a development project, whichever occurs first, the project is required to construct and complete the necessary improvements to transportation facilities to which the project contributes measurable traffic to attain the level of service standards established in this Element. The Element is specifically tied to transportation and not land use, and therefore the City has not found the Growth Management Element to constrain the provision of housing or unduly impact the cost of housing. b. Zoning Code
The City’s Zoning Code establishes more specific development standards, allowable uses and limitations. Zoning regulations control development by establishing requirements related to density, height, lot size, yard setbacks and parking spaces. These site development standards work to ensure a quality living environment for all Los Alamitos

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3 residents. The City complies with new transparency requirements by posting its Zoning Code and development standards for all parcels on its website.

There are four residential zoning districts:
§ R-1: Single-Family Residential
§ R-2: Limited Multiple-Family Residential
§ R-3: Multiple-Family Residential
§ M-H: Mobilehome Park
The City permits senior housing projects for low- and very low-income households in the C-F (Community Facilities) zone with a Conditional Use Permit. Homeless shelters are permitted in the P-L-I (Planned Light Industrial) zone (with a CUP for more than 20 beds). The City also has one mixed-use zoning district (TCMU or Town Center Mixed Use), which permits residential uses with provisions (e.g., multi-family dwelling must be integrated into a project as either horizontal or vertical mixed use). The City currently applies a Live/Work Overlay Zone (LW) over the R-2 zone in the downtown area, which is intended to allow live/work development and uses on certain lots, while still maintaining the primary zoning.

Manufactured or mobile homes are permitted in all residential zones on a permanent foundation if the Planning Commission determines the proposed parcel is compatible for the use. A mobile home on a permanent foundation is included under the definition of “single-family dwelling” and is subject only to the same development standards as a conventional single-family dwelling in the same zone.

Table 3-2 summarizes the residential zoning districts and permitted residential uses.

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3 Table 3-2
Permitted Uses
Land Use R-1 R-2 R-3 M-H C-O C-G P-L-I TCMU
Accessory Dwelling Unit P P P P
Boarding House -- -- CUP --
Group Home—6 residents or fewer P
Homeless Shelters—up to 20 beds -- -- P --
Homeless Shelters—more than 20
beds -- -- CUP --
Live/Work Unit -- AUP -- AUP
Mobile Home Parks -- CUP CUP CUP
Multiple-Family Dwelling -- P P -- AUP
Resident Manager’s Unit -- AUP AUP --
Single-Family Dwelling P P P P --
Senior Housing -- P P P P
Supportive Housing P P P P AUP
Transitional Housing P P P P AUP
Two-Unit Dwelling (Duplex) -- P P --
Residential Care Facilities -- -- CUP1 -- CUP CUP -- -- Note:
17 or more persons only
P = Permitted Use
AUP = Administrative Use Permit
CUP = Conditional Use Permit Required
-- = Use Not Allowed
Source: Los Alamitos Municipal Code, 2021.

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3 The Conditional Use Permit (CUP) process, which requires Planning Commission action, is no different for a market rate or affordable residential development. A residential development plan, or the addition of square footage to an existing multiple-family residential structure, is already subject to another review process called the “site development permit.” This permit is applied for and considered by the Planning Commission concurrently with the requirement for a Conditional Use Permit. The Commission would approve, approve with conditions, or disapprove the Conditional Use Permit application and site development permit applications, imposing conditions necessary to ensure compatibility with surrounding uses, to preserve the public convenience, health, interest, safety, or welfare, and necessary to make the findings required by the Los Alamitos Municipal Code at the same time. These findings represent a potential constraint to the provision of housing, so Policy Action 4.8 includes a requirement to modify the required findings.

The Administrative Use Permit (AUP) is similar to the CUP in purpose and procedures, other than the AUP requires action by the Development Services Director rather than the Planning Commission. Unlike the CUP process, no public notice or public hearing shall be required for an AUP. The AUP process is no different for a market rate or affordable residential development.

Table 3-3 summarizes the residential zoning requirements in the City.

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3 Table 3-3
Summary of Residential Zoning Requirements
Zoning
District
Parcel
Area (Sq
Ft)
Minimum
Dwelling
Area (Sq Ft)
Maximum
Density
Maximum
Height
Limit (Main
Structures)
(Ft)
Maximum
Height Limit
(Accessory
Structures3)
(Ft)
Maximum
Site/Parcel
Coverage
Minimum
Front
Yard (Ft)
Minimum
Front Yard
(cul-de-sac)
(Ft)
Minimum
Side Yard (Ft)
Minimum
Side Yard
(corner
lot) (Ft)
Minimum Rear
Yard (Ft)
R-1 6,000 No
requirement
6 du/ac; 1
unit per
lot
30 15 50% 20 10 5 10 10
R-2* 9,000 800 20 du/ac 35 15 60% 204 10 56 10 10
R-3 7,200
Studio - 450;
1-Bedroom -
650;
2+Bedroom -
800
25 du/ac 35 (or 3
stories) 2 15 50% 205 10 56 10 10
M-H 5 acres -- 10 du/ac1 20 15 -- -- -- -- -- --
C-O No requirement 40 feet (or
3 stories) -- 1.50 FAR 15 --
Not required
unless
abutting a
residential
zoning
district, then
10 feet
10 10 ft unless
rear lot abuts a
C-G or P-L-I
zone
C-G 6,000 -- -- 40 feet (or
3 stories) -- 1.00 FAR None required --
Not required
unless
abutting a
residential
zoning
district, then
15 feet
None
required
Not required
unless abutting
a residential
zoning district,
then 15 feet
P-L-I 6,000 -- -- 40 feet (or
3 stories) -- 1.50 FAR 15 --
Not required
unless
abutting a
15 10 ft unless
abutting a
residential

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3 Table 3-3
Summary of Residential Zoning Requirements
Zoning
District
Parcel
Area (Sq
Ft)
Minimum
Dwelling
Area (Sq Ft)
Maximum
Density
Maximum
Height
Limit (Main
Structures)
(Ft)
Maximum
Height Limit
(Accessory
Structures3)
(Ft)
Maximum
Site/Parcel
Coverage
Minimum
Front
Yard (Ft)
Minimum
Front Yard
(cul-de-sac)
(Ft)
Minimum
Side Yard (Ft)
Minimum
Side Yard
(corner
lot) (Ft)
Minimum Rear
Yard (Ft)
residential
zoning
district, then
40 feet
zoning district,
then 40 feet
C-F Based on CUP or Site Development Permit Approval Process TCMU 10,000 -- 30 du/ac 60 60

2.00 FAR for
nonresidential
components
0-10 ft 0-10 ft
Not required
unless abutting
a residential
zoning district,
then 10 feet
10 Not required
unless abutting
a residential
zoning district,
then 15 feet
Notes: 1minimum lot or space size for individual mobile home is 2,000 sq. ft 2Structures:
n For any portion in excess of 25 feet shall be set back an additional 5 feet. n Shall not exceed 2 stories and 25 feet in height on lots with a common property line with an R-1 zoned property 3Accessory dwelling units shall conform to the setback requirements for the main structure 4When a lot in an R-2 or R-3 zone is approved for single-family residential use by a subdivision or lot split, with a minimum area of less than 9,000 sq. ft., the parcel may have a minimum front setback area of 15 feet.
5Front setbacks may vary provided an average building setback of 20 feet is maintained along an entire block face, with no setback less than 15 feet. 6Where a dwelling or dwellings have entry from an interior side yard; the entry must open onto an outdoor court. The minimum length of the outer court wall which parallels the side lot line shall be 15 feet and shall have a minimum height of four feet and a maximum height of six feet. The dwelling entry shall be set back a minimum of 15 feet from such side lot line.
*All live/work uses in the (LW) overlay zone shall comply with the development standards applicable to the primary zone and the supplemental standards established in Section 17.28.180 (Live/Work Standards).
-- = Not listed
Source: Los Alamitos Municipal Code, Title 17

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3 The minimum setback, maximum site coverage and maximum height requirements are specifically designed to work with the parcel area requirements to not reduce the ability for a project to achieve the maximum permitted density. The majority of constructed multifamily projects in the City yield densities of 20 du/ac and higher; in the neighboring cities, a number of projects yield densities above 30 du/ac. The City’s residential zoning requirements provide flexibility, especially for multi-family development, by allowing for average front yard setbacks instead of strict minimum setbacks. There is also flexibility for increased height through a Conditional Use Permit.

The City’s requirements are similar to other surrounding communities and do not constrain the provision of housing, nor do they unduly impact the cost of housing.

As mentioned above, the City is preparing a Town Center Strategic Plan, which is intended to provide for higher density (up to 60 units per acre) residential in a mixed use atmosphere. As provided in Appendix B, Land Resources, the City has assumed that some of its lower income RHNA will be accommodated in the Town Center. Therefore, Policy Action 4.5 has been proposed to require the zoning modification to allow up to 60 units per acre in the Town Center Mixed Use (TCMU) zone. The Town Center Strategic Plan also proposes Zoning Code amendments for the TCMU zone, including allowing exclusive residential structures with conditions (i.e., on lots smaller than 10,000 sq. ft. and not fronting Pine Street) and slightly increasing setback requirements for frontage along Katella Avenue, Los Alamitos Boulevard and Pine Street. In the Realistic Capacity section of Appendix B, Land Resources, a conservative analysis was conducted for a hypothetical development site in the TCMU zone and demonstrated that the proposed development standards would allow up to 117.6 units per acre. The analysis found that the proposed development standards for the TCMU zone would not constitute a constraint for achieving RHNA units assigned to Sites 1 through 4 at a density of 60 units per acre. Policy Action 4.5 would also require Sites 1 through 4 in the inventory (Figure B-1, Appendix B) to develop as designated in Table B-2 (Appendix B).

In addition, two larger properties (Site 5, zoned P-L-I and Site 6, zoned C-F; see Appendix B) which have housed businesses in the City are planned for redevelopment. Site 6 has been sold to a developer and is being considered for housing development as a whole.

With the business planned for closure on Site 5 and a significant interest in its redevelopment, the City anticipates that a portion of its RHNA will be accommodated on these lands (see Appendix B and Chapter 4). Policy Action 4.4 is included to require the creation of a new zoning designation, R-4, and the rezoning of Sites 5 and 6 to R-4. The R-4 zone would allow 30 to 36 units per acre by right, not including density bonus provisions. The height limits would be increased to allow higher rise buildings, although setback requirements are expected to remain uniform across all residential zones. Policy Action 4.4 requires the City to demonstrate that the assigned units are physically

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3 possible Sites 5 and 6 under the new development standards prior to adoption of the R4 zone and require that the assigned affordable housing units be built consistent with Table B-2 and Figure B-1 on each parcel so designated. Therefore, land use controls regarding the proposed R-4 zone will not constitute a constraint for housing development to meet the RHNA.

The proposed zoning changes would increase residential densities allowed over those in the City’s current Zoning Ordinance. The City will not approve requests to develop housing at densities below those anticipated in the Sites Inventory. Allowing higher densities will provide additional opportunities for housing at all income levels, expand the City’s options for meeting its RHNA allocation, and eliminate any potential constraint associated with zoning designations and land availability. c. Parking Requirements
Table 3-4 summarizes the residential parking requirements in Los Alamitos. Parking requirements do not constrain the development of housing directly. However, parking requirements may reduce the amount of available lot areas for residential development.

The City has found that these parking requirements are necessary to adequately provide for the number of vehicles typically owned by each housing type. In addition, the City has established reduced standards for very low, low and moderate housing projects, to reduce the costs associated with the provision of parking for affordable housing projects. The City has not found these parking requirements to constrain the provision of housing or unduly impact the cost of housing. Nonetheless, Policy Action 4.11 requires the City to monitor the impact of parking requirements on multifamily development as they are proposed, and implement appropriate strategies such as parking reduction on a case-by-case basis.

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3 Table 3-4
Residential Parking Requirements
Type or Residential Development Required Parking Spaces (Off Street) Accessory Dwelling Unit One space1
Single-Family Dwelling
Two covered spaces for each dwelling unit for units with up to four bedrooms. Three covered spaces for units with five or more bedrooms.

R-2 Limited Multiple-Family Two spaces for each dwelling unit Multi-Family Dwellings2
• One and a half parking spaces for each studio unit
• Two spaces for each one-bedroom unit
• Two and ¾ spaces for each two-bedroom unit
• Three and a half spaces for each three-bedroom unit
• Four spaces for each four-bedroom unit, an additional ½ space for each room in excess of the first four
bedrooms
Multi-Family - Affordable Housing
Developments (moderate income and
below)2
• One Parking space for each studio
• One parking space for each affordable one-bedroom
dwelling unit
• Two parking spaces for each affordable dwelling unit
over one bedroom, regardless of the number of
bedrooms
Homeless Shelter Two spaces for the facility plus one space for each six occupants at maximum allowed occupancy
Senior Residential Housing Projects One and 1/10 spaces for each unit Mobilehome Parks
Two covered tandem parking spaces for each dwelling unit and one-half open parking space for guests for each
dwelling unit
Mixed Uses As required for each separate use in the mixed-use development
Live/Work Unit Two covered spaces per unit, plus one customer space, which can be in a driveway
Residential Care Facilities
¼ space to one and half spaces per unit or room, to be
determined by the Planning Commission based on the age
of residents, type of transportation facilities provided, and on-site amenities to be provided.3
Notes:
1 With exceptions as specified in Section 17.28.020(E)9. 2 In addition:
• Project with 4 or fewer units: A minimum of 1 unassigned, designated guest space • Project with 5 or more units: A minimum of 0.33 unassigned designated guest spaces per unit • Plus, where a common recreation room is provided, 2 spaces The total number of parking spaces required is determined by the aggregate number of units within the project as a whole. 3 The applicant shall submit a study prepared by a City-approved independent consultant that provides justification for the parking proposed.

Source: Los Alamitos Municipal Code, Chapter 17.22.

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3 2. Density Bonus Ordinance
Section 17.28.050 of the City’s Municipal Code states that residential density bonuses, incentives, or concessions for the production of affordable housing shall be granted in compliance with Government Code Section 65915, as amended from time to time. State law requires a city or county to grant one density bonus and incentives or concessions, waivers or reductions of development standards, and parking ratios if requested, for developers who agree to construct housing that contains affordable housing as specified in Government Code Section 65915 (b)(1). The city shall grant the incentive or concession upon request, unless the city makes a written finding that the incentive or concession does not result in identifiable and actual cost reductions, would have a specific, adverse impact, or would be contrary to state or federal law.

The City’s density bonus ordinance requires residential development to set aside at least one of the following, in consistence with Government Code Section 65915 (b)(1):
• Ten percent of the total units for lower income households; • Five percent of the total units for very low income households; • A senior citizen housing development or a mobile home park that limits residency based on age requirements for housing for older persons; • Ten percent of the total dwelling units in a common interest development for persons and families of moderate income, provided that all units in the development are offered to the public for purchase;
• Ten percent of the total units of a housing development for transitional foster youth, disabled veterans, or homeless persons, subject to a recorded affordability restriction of 55 years and shall be provided at the same affordability level as very low income units;
• Twenty percent of the total units for lower income students in a student housing development that meet certain requirements; or
• One hundred percent of all units in the development, including total units and density bonus units, but exclusive of a manager’s unit or units, are for lower income households, except that up to 20 percent of all units may be for moderate-income households.

Development concessions or incentives may include:
• a reduction in site development standards;
• a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission;

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3 • approval of mixed-use zoning in conjunction with the housing project; or • other regulatory incentives or concessions proposed by the developer or city or county which result in identifiable and actual cost reductions.

A project that receives a density bonus and concession or incentive must retain affordability of the units for at least 55 years. As provided in Policy Action 4.7, the City will annually review its Density Bonus provisions to assure compliance with State law.

The City currently does not have streamlining procedures pursuant to SB 35 for affordable housing development. Policy Action 4.12 requires the City to establish applications and approval procedures consistent with SB 35 requirements to facilitate affordable housing development.

3. Senior Citizen Housing
The Zoning Code allows Senior Citizen housing in the R-2 (Limited Multiple-Family Residential), R-3 (Multiple-family Residential), M-H (Mobile home Park), TCMU (Town Center Mixed Use), and C-F (Community Facilities) zones with a Conditional Use Permit.

Development standards for senior citizen housing and residential care facilities are found in Section 17.28.250 of the Municipal Code, and are as follows:
• Off-street parking shall be provided for each project in compliance with the standards in Chapter 17.22 (See Table 3.4).
• At a minimum, proposed developments shall comply with the applicable zone regulations relative to structure setbacks, lot coverage, landscaping, and other development standards.
• New projects proposed on property abutting lots that are zoned or developed commercially or industrially shall include specific measures approved by the Planning Commission to mitigate potential impacts from adjacent uses (e.g. the construction of decorative block walls, the use of sound attenuation materials, the inclusion of a landscaped buffer, etc.).
• Sound attenuation measures shall be provided for new senior housing projects that comply with State requirements for residential occupancy. • For senior housing developments in a residential zone, the density standards of that zone shall apply. For senior housing developments and residential care facilities in all other zones, where such uses are permitted, no density limit shall apply.
• Minimum and maximum dwelling unit size shall be governed by the Uniform Building Code and Department of Housing and Urban Development regulations.

The Planning Commission may increase these standards upon review of the proposed occupancy and on-site amenities.

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3 4. Emergency Shelters, Transitional Housing and Single Room Occupancy Units
a. Homeless Shelters and Transitional Housing
To accommodate its share of the region’s homeless, there are a number of organizations in and around the City that offer shelter and services to homeless persons.

State housing law requires that cities identify sites that are adequately zoned for homeless shelters and transitional housing. Table 3-5 provides a summary of emergency shelters and transitional housing located in the City of Los Alamitos.

Table 3-5
Homeless Facilities in Los Alamitos
Facility Name Type of Facility Target Population Number of Shelter Beds
Precious Life Shelter Emergency/Transitional
/Supportive
Pregnant homeless
women and their
infants
27 Casa Youth Shelter Emergency Youth 12
Source: Official websites of Precious Life Shelter and Casa Youth Shelter, accessed June 2021.

There is also a nonprofit organization sponsored by local churches, community groups, corporations and concerned citizens, WE CARE of Los Alamitos, a family support center serving families, veterans, and senior citizens in the areas of Northwest Orange County.

WE CARE pools the resources of the community to meet the emergency needs of families and individuals such as rental assistance, utility assistance, therapy services, food, personal care items, and more. The City also financially assists shelters in the region, as described in Appendix C and Appendix D.

The City of Los Alamitos defines emergency shelters and transitional housing in its Municipal Code, and established the allowable locations and standards for these uses with the adoption of Ordinance 13-04 in July of 2013. To comply with the provisions of SB 2, the City amended the Zoning Ordinance to allow for transitional and supportive housing as a residential use, subject only to those requirements of other residential uses in the same zone.

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3 i. Adequate Sites for Emergency Shelters
Pursuant to SB 2, jurisdictions with an unmet need for emergency shelters are required to identify a zone(s) where emergency shelters will be allowed as a permitted use without a Conditional Use Permit or other discretionary permit. The identified zone(s) must have sufficient capacity to accommodate the shelter need, and at a minimum provide capacity for at least one year-round shelter.

Section 17.10.020 of the City’s Municipal Code permits homeless shelters of up to 20 beds by right in the P-L-I zone. It also allows for shelters for more than 20 beds in the PL-I zone through a Conditional Use Permit. While each facility is limited to the 20 beds, the Planned Light Industrial zone (P-L-I) could accommodate several facilities within its 154 acres. More specifically, the limitation of each facility to 20 beds - does not limit the Planned Light Industrial Zone (P-L-I) area to only 20 beds.

Other requirements include:
• A waiting and intake area of 10 square feet per bed with a minimum of 100 square feet;
• A written management plan and resident manager;
• An emergency shelter may not be located closer than 300 feet from another emergency shelter; and
• Residents are limited to a six-month maximum stay.

Recent state law also restricts parking requirements for emergency shelters to that necessary for employees only. The Zoning Ordinance currently does not comply with this requirement, and Policy Action 4.6 requires that this requirement be corrected.

Per City Ordinances 19-03 and 13-04, emergency shelters for homeless persons that are subject to a multi-jurisdictional agreement, subject to California Government Code Section 65583(d), shall be considered an allowed use even if inconsistent with Municipal Code Section 17.28.160, provided the agreement includes standards and operational criteria acceptable to the participating jurisdictions. ii. Transitional and Supportive Housing
Facilities of this nature offer an interim home for homeless individuals and families as they transition into permanent housing. Transitional and supportive housing is permitted as a residential use in Los Alamitos and are also allowed through a AUP in the TCMU zone. These uses are only subject to those restricts that apply to other residential dwelling of the same type in the same zone.

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3 iii. Low-Barrier Navigation Centers
AB 101 requires that Low-Barrier Navigation Centers (LBNC) be a by-right use in areas zoned for mixed-use and nonresidential zoning districts permitting multifamily uses.

LBNC provide temporary room and board with limited barriers to entry while case managers work to connect homeless individuals and families to income, public benefits, health services, permanent housing, or other shelter. "Low Barrier" means best practices to reduce barriers to entry, and may include, but are not limited to, the following:
(1) The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth.
(2) Pets.
(3) The storage of possessions.
(4) Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.

Policy Action 4.6 has been provided to require that the Zoning Ordinance be amended to include Low-Barrier Navigation Center as defined by state law. b. Single Room Occupancy Units
Single Room Occupancy (SRO) units are small, one-room units occupied by a single individual, and may either have a shared or private kitchen and bathroom facilities.

SROs are rented on a monthly basis typically without rental deposits, and can provide an entry point into the housing market for extremely low income individuals, formerly homeless and disabled persons.

To comply with the provisions of AB 2634, the City adopted Ordinance 13-04 in 2013 to allow the development of SRO housing. Policy Action 4.8 has been added to conditionally allow SRO in the P-L-I zone. Facilities with SRO units are subject to the requirements of Municipal Code Section 17.28.260, which address development and facility operation.

5. Accessory Dwelling Units
Accessory dwelling units provide additional housing opportunities for people of all ages and economic levels, while maintaining compatibility with the surrounding single-family residential neighborhood. The City of Los Alamitos permits accessory dwelling units in the R-1, R-2, R-3 and M-H zones.

Housing Element
Housing Resources and Constraints
City of Los Alamitos 3-17
Administrative Draft 2014–2021
3 Per Municipal Code Chapter 17.28.020, “Accessory dwelling unit” or “ADU” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. Requirements for an ADU include:
• Maximum size of ADU shall not exceed 850 square feet for a studio or onebedroom unit and 1,000 square feet for a unit with two bedrooms, and the total floor area of an attached ADU shall not exceed 50 percent of the floor area of the existing primary dwelling;
• An attached ADU must have independent exterior access from the proposed or existing primary dwelling;
• One off-street parking space must be provided for an ADU unless certain conditions are met in Municipal Code Chapter 17.28.020 E.9.; and • The height of an ADU shall not exceed 16 feet unless the ADU is within the existing space of a single-family dwelling, an accessory structure, or multifamily dwelling structure.
“Junior accessory dwelling unit” or “JADU” means a unit that is no more than 500 square feet in size and contained entirely within a single-family residence. A JADU may include separate sanitation facilities, or may share sanitation facilities with the single-family residence. Requirements for a JADU include:
• A JADU shall not be less than 220 square feet and shall not exceed 500 square feet in size;
• A JADU located within a proposed or existing single-family residence must include a separate entrance from the main entrance of the residence; • A JADU must include an efficiency kitchen, including a cooking facility with appliances, and a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU;
• No additional off-street parking is required for a JADU beyond that required at the time the existing primary dwelling was constructed.

The City’s standards are consistent with current State law. However, as standards have been changing for ADUs and JADUs, Policy Action 4.7 requires that the City annually review its ADU and JADU requirements for compliance with State law.

Housing Element
Housing Resources and Constraints
3-18 City of Los Alamitos
Administrative Draft 2014–2021
3 6. Housing for Persons with Disabilities
According to the US Census Bureau, persons with disabilities, including those with developmental disabilities, are individuals with a long-lasting physical, mental or emotional condition. These conditions can make it difficult for a person to do daily activities such as walking, climbing stairs, dressing, bathing, learning or remembering.

These conditions can also prevent a person from going outside the home alone or to work at a job.
a. Reasonable Accommodation Procedures
As a matter of State law (SB 520), jurisdictions are now required to analyze potential and actual constraints upon the development, maintenance and improvement of housing for persons with disabilities, and demonstrate local efforts to remove governmental constraints and provide reasonable accommodations for housing designed for persons with disabilities. With the 2013 adoption of the Reasonable Accommodation Ordinance No. 13-05 the City of Los Alamitos established a process for requesting reasonable accommodation. Ordinance No. 19-03 updated the process to conform to federal and state fair housing laws in 2019. Reasonable accommodation procedures are explained in Los Alamitos Municipal Code Section 17.42. An application for a reasonable accommodation from a zoning regulation, policy or practice is made on a form provided by the Development Services Department, accompanied by a fee. The Development Services Director shall issue a written determination to approve, conditionally approve, or deny a request for reasonable accommodation. The written decision shall be based on the following findings, all of which are required for approval:

1. The requested accommodation is requested by or on behalf of one or more individuals with a disability protected under State or Federal law.

2. The requested accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling.

3. The requested accommodation will not impose an undue financial or administrative burden on the City, as “undue financial or administrative burden” is defined in Fair Housing Laws and interpretive case law.

4. The requested accommodation will not result in a fundamental alteration in the nature of the City’s Zoning Code, as “fundamental alteration” is defined in Fair Housing Laws and interpretive case law.

Housing Element
Housing Resources and Constraints
City of Los Alamitos 3-19
Administrative Draft 2014–2021
3 5. The requested accommodation will not fundamentally alter the character of the community, as “fundamental alteration” is defined in Fair Housing Laws and interpretive case law, including creating a substantial increase in traffic or insufficient parking.

6. The requested accommodation will not, under the specific facts of the case, result in a direct threat to the health, safety, or general welfare of other individuals or substantial physical damage to the property of others.

The findings above are in compliance with federal and state fair housing laws. No public hearing is required for any reasonable accommodation request unless a decision of the Director is appealed or called for review. The City’s reasonable accommodation procedure does not pose a constraint to housing for persons with disabilities.

All improvements constructed under a reasonable accommodation authorized by Code, which deviate from the City’s development standards at the time that the improvement is constructed, are required to be removed upon the vacation of the unit by the person to whom the reasonable accommodation was granted, unless the Director makes a finding per Municipal Code Section 17.42.050.
b. Zoning and Other Land Use Regulations
Examples of the ways in which the City facilitates housing for persons with disabilities through its regulatory and permitting procedures are:
• The City of Los Alamitos currently permits residential care facilities, regardless of the number of residents, in the C-O (Commercial- Professional Office) and C-G (General Commercial) zones with a Conditional Use Permit. • The City of Los Alamitos currently permits residential care facilities for seven or more persons in the R-3 (Multiple-Family Residential) zone with a Conditional Use Permit.
• The City defines family as “a group of persons, whether related or unrelated, who live together in a nontransient and interactive manner, including the joint use of common areas of the premises which they occupy and sharing household activities and responsibilities such as meals, chores, and expenses.” Live-in domestic help would qualify under the family definition for sharing household activities and responsibilities. The City has determined that the current definition does not pose a constraint on housing for persons with disabilities. • For residential care facilities, the City requires a quarter to one and half parking spaces for each unit or room.