CITY OF LOS ALAMITOS
Council Chamber
3191 Katella Ave., Los Alamitos CA 90720
CITY COUNCIL AGENDA
REGULAR MEETING
Monday, March 20, 2023 – 6:00 PM
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.
Agenda-related documents provided to a majority of the City Council after distribution of the City Council agenda packet (GC §54957.5) will be made available for public inspection at the meeting. Such documents will also be available at the City Clerk's office, 3191 Katella Ave., Los Alamitos, CA 90720.
In compliance with the Americans with Disabilities Act, Assistive Listening headphones are available and can be checked out from the City Clerk. If you need special assistance to participate in this meeting, please contact the City Clerk at (562) 431-3538, ext. 220. Notification at least 42 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102.35.104 ADA Title II]. Language translation services are available for this meeting by calling the City Clerk’s Office least 42 hours in advance If you are unable to attend this meeting in person, 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 “COUNCIL PUBLIC COMMENT”. Comments received by 3:00 p.m. they day of the meeting 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. You may also view the meeting live on local cable channel 3.
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.
1. CALL TO ORDER
2. ROLL CALL
Mayor Doby
Mayor Pro Tem Nefulda
Council Member Hasselbrink
Council Member Hibard
Council Member Murphy
3. PLEDGE OF ALLEGIANCE
Council Member Hasselbrink will lead the Pledge of Allegiance.
4. INVOCATION
Council Member Hibard will give the Invocation.
5. PRESENTATIONS
A. Presentation to Sergeant Chris Lee in Recognition of his 17 Years of Service to Law Enforcement
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
9. WARRANTS
A. Warrants (Finance)
The attached Warrant Register contains checks and electronic funds transfers for the period February 1, 2023 to February 28, 2023.
Recommendation:
Ratify the Warrants for the period February 1, 2023 to February 28, 2023 in the amount of $1,200,519.84.
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 Adjourned Regular meeting of January 23, 2023, and February 21, 2023.
B. Adopt Ordinance 2023-01 - Creating R-4 Zoning, Amending the TCMU Zone, and Rezoning Certain Properties (Development Services)
City Council introduced for first reading, read by title only, and waived further reading of Ordinance No. 2023-01 at its February 21, 2023, meeting. Ordinance 2023-01 will approve a R-4 Zoning District in Los Alamitos, amend the Town Center Mix Use (TCMU) Zone, and rezoning certain properties to the R-3 and new R-4 Districts.
These changes would be implemented to comply with the newly adopted Housing Element.
Recommendation:
Adopt 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).”
C. Adopt Ordinance 2023-02 - State Mandated Update to Accessory Dwelling Unit (ADU) Regulations (Development Services)
City Council introduced for first reading, read by title only, and waived further reading of Ordinance No. 2023-02 at its February 21, 2023, meeting. Ordinance 2023-02 will amend and restate Section 17.28.020 of the Los Alamitos Municipal Code concerning the regulation of Accessory Dwelling Units (ZOA 23-01).
Recommendation:
Adopt Ordinance No. 2023-02, entitled, "AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF LOS ALAMITOS, CALIFORNIA, AMENDING AND RESTATING SECTION 17.28.020 OF THE LOS ALAMITOS MUNICIPAL CODE CONCERNING THE REGULATION OF ACCESSORY DWELLING UNITS (ZOA 23-01)."
D. Adopt Ordinance No. 2023-03 - Modify Regulation and Sale of Fireworks (Administration)
This report proposes a change to the requirements for the regulation, use, and sale of safe and sane fireworks on the 4th of July. City Council introduced for first reading, read by title only, and waived further reading of Ordinance No. 2023-03 at its February 21, 2023, meeting.
Recommendation:
Adopt Ordinance No. 2023-03, entitled “AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF LOS ALAMITOS, CALIFORNIA, AMENDING SECTION
5.60.110(B) OF THE LOS ALAMITOS MUNICIPAL CODE RELATING TO THE LOCATION OF TEMPORARY FIREWORKS STANDS".
E. Annual Comprehensive Financial Report (Finance)
For City Council consideration is the receipt of the fiscal year 2021-2022 audit reports.
Recommendation:
Receive and file the annual audit reports for fiscal year 2021-2022, including the
Annual Comprehensive Financial Report (ACFR) and Report on Applying AgreedUpon Procedures Appropriations Limit Worksheets (GANN AUP).
F. Award of Professional Services Agreement (PSA) to Charles Abbott & Associates, Inc. for Building & Safety Services (Development Services) On Thursday, January 19, 2023, staff received and reviewed bids for Request for Proposal (RFP) 2022-04 Building & Safety Services, which is inclusive of building division administration, permit issuance, plan check, inspection, enforcement of building codes, and public counter services. This item seeks to award the bid for RFP 2022-04 to Charles Abbott & Associates, Inc., for a three-year term with two possible 2-year extensions and in accordance with the fee schedule noted herein.
Recommendation:
Award the bid for RFP 2022-04 and authorize the Mayor to execute the Professional Services Agreement with Charles Abbott Associates Inc. (CAA), for Building & Safety services for a three-year term with two possible 2-year extensions in accordance with the fee schedule not to exceed the sum of:
• 80% of permit and plan check fees up to $15,000
• 65% of permit and plan check fees from $15,001 to $30,000 • 55% of permit and plan check fees from $30,001 to $75,000 • 50% of permit and plan check fees greater than $75,000 • $20,000 annual cost for the permitting tracking system, CityTech
G. Award of Professional Services Agreement (PSA) to Willdan Engineering for City Engineering and Traffic Engineering Services (Development Services) On Thursday, January 12, 2023, staff received and reviewed bids for Request for Proposals (RFP) 2022-05 City Engineering and Traffic Engineering Services, which is inclusive but not limited to consultation on City utilities and facilities, consultation on development projects/permits, lead and manage the City’s Capital Improvement Program (CIP), provide permit review and inspection services, and technical expertise regarding traffic signals, street lighting, traffic signs, and the issuance of encroachment and wide-load permits. This item seeks to award RFP 2022-05 to Willdan Engineering for a term of three years with two 2-year contract extensions and in accordance with the fee schedule noted herein.
Recommendation:
1. Award the bid for RFP 2022-05; and,
2. Authorize the Mayor to execute the Professional Services Agreement with Willdan Engineering for City Engineering and Traffic Engineering services for a term of three years with two 2-year contract extensions and in accordance with the fee schedule not to exceed the following hourly rates of:
Job Description Hourly
Rate
City Engineer $160
Geotechnical Manager $185
Landscape Architect $175
Labor Compliance Manager $165
Traffic Engineer $160
Project Manager $158
Public Works Superintendent $150
H. Rejection of Bids for Requests for Proposals (RFP) 2022-03 for the Installation/Upgrade of the City’s Access Control System (Development Services)
On Thursday, February 2, 2023, the City received one (1) bid submittal in response to Requests for Proposals (RFP) 2022-03 Access Control System. RFP 2022-03 solicited services for the installation and/or upgrade of an existing access control system for specified City facilities. The submitted bid surpassed the anticipated budget, which considered new hardware installations and upgrades to the existing system. As a result, staff is recommending the rejection of the submitted bids.
Recommendation:
Rejection of all bids received for Requests for Proposals (RFP) 2022-03 Access Control System.
11. DISCUSSION ITEM
A. Volunteers in Policing (VIP) Program (Police)
This item seeks approval to implement a Volunteers in Policing Program.
Recommendation:
Adopt Resolution No. 2023-10, entitled, "A RESOLUTION OF CITY COUNCIL OF
THE CITY OF LOS ALAMITOS, CALIFORNIA, ADOPTING A VOLUNTEER IN POLICNG (VIP) PROGRAM".
B. Mid-Year General Fund Budget Review and Financial Update for Fiscal Year 2022-23 (Finance)
This report provides the Council with a review of Mid-Year General Fund budget for the Fiscal Year 2022-23 and a projection for the fiscal year ending June 30, 2023.
The mid-year report represents a snapshot in time and reflects recorded information through December 31, 2022, or six months of the fiscal year, and projections for Fiscal Year 2022-23. It will provide the City Council with an update on the financial status of the City’s General Fund at mid-year, and projection of Fiscal Year 2022-23.
Recommendation:
1. Review the Mid-year General Fund budget for the Fiscal Year 2022-23, and projection for the Fiscal Year ending June 30, 2023; and,
2. Provide direction and comments.
C. Community Center Roof Repair (Development Services)
The roof of the Community Center building has incurred significant damage from the recent storms. In order to avoid further damage to public facilities and avoid injury to
the health of the occupants of the buildings, staff is requesting Council to identify the repair of the roofs as an urgent necessity.
Recommendation:
1. Adopt by a 4/5 vote, Resolution No. 2023-12, entitled, “A RESOLUTION OF CITY
COUNCIL OF THE CITY OF LOS ALAMITOS, CALIFORNIA, DECLARING THE COMMUNITY CENTER LEAKING ROOF AS AN URGENT NECESSITY"; and,
2. Authorize the City Manager to execute the contract for the project in a form to be approved by the City Attorney in an amount not to exceed $500,000.
12. CLOSED SESSION
A. Conference with Legal Counsel – Existing Litigation (Gov’t Code Section 54956.9)
Los Alamitos Luxury Apartments, LLC v. City of Los Alamitos (Case No. 30-2023- 01309111-CU-BC-CJC)
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: March 16, 2023
City of Los Alamitos
CITY COUNCIL AGENDA REPORT
MEETING DATE: March 20, 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 February 1, 2023 to February 28, 2023.
RECOMMENDATION
Ratify the Warrants for the period February 1, 2023 to February 28, 2023 in the amount of $1,200,519.84.
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 to the availability of funds for payment thereof.
FISCAL IMPACT
The grand total of $1,200,519.84 represents checks and electronic fund transfers for the period February 1, 2023 to February 28, 2023.
Attachment: 1. Warrants - March 20, 2023
Retirees Medical Reimbursement
Date: February 01, 2023 Number of Transactions: 15 Total Batch: $8,623.68
Payroll 2/17/2023
GROSS REGULAR OVERTIME LEAVE OTHER DEDUCTIONS TAXES NET 923.20 923.20 0.00 0.00 0.00 34.60 13.40 875.20
18,850.80 16,244.70 0.00 769.46 1,836.64 2,639.81 3,105.68 13,105.31 10,943.30 10,503.30 0.00 0.00 440.00 845.83 1404.03 8,693.44 23,481.99 22,077.99 0.00 234.00 1,170.00 2,476.28 4,659.12 16,346.59 82,087.73 46,302.35 14,552.23 8,800.13 12,433.02 12,227.06 11,215.29 58,645.38 16,373.48 12,829.60 2,502.96 0.00 1,040.92 3,748.82 2,179.57 10,445.09 9,847.03 6,576.95 0.00 493.28 2,776.80 615.89 1,266.08 7,965.06 1,684.80 0.00 0.00 0.00 1,684.80 63.18 95.89 1,525.73
5,068.75 3,641.60 745.07 0.00 682.08 777.51 675.25 3,615.99 3,108.79 0.00 0.00 0.00 3,108.79 116.59 85.30 2,906.90
21,261.03 18,973.60 0.00 0.00 2,287.43 2,525.27 3,671.97 15,063.79 3,332.40 3,219.84 0.00 82.56 30.00 510.12 611.66 2,210.62 4,140.24 2,321.60 0.00 0.00 1,818.64 245.84 509.13 3,385.27 8,441.25 6,713.80 0.00 1,302.45 425.00 1,503.24 831.59 6,106.42 4,242.30 2,576.80 0.00 0.00 1,665.50 629.70 294.86 3,317.74 2,135.40 2,110.40 0.00 0.00 25.00 351.74 27.94 1,755.72 2,891.61 2,557.56 0.00 304.05 30.00 194.09 137.95 2,559.57 26,035.28 24,053.54 0.00 156.06 1,825.68 4,313.66 3,421.44 18,300.18 21,421.53 0.00 0.00 0.00 21,421.53 803.32 1,373.21 19,245.00 TOTALS $266,270.91 $181,626.83 $17,800.26 $12,141.99 $54,701.83 $34,622.55 $35,579.36 $196,069.00 10-521 Police Administration
-----------------------------------------------------------DEPARTMENT RECAP-- ------------------------------------------------------- DEPT NO#
10-510 City Council
10-511 City Manager/ City Clerk
10-512 Finance
10-544 Development Services- Facility Maintenance
10-522 Police- Patrol
10-523 Police- Investigation
10-524 Police- Records
10-526 Police- Community Outreach
10-527 Police-Youth Progams
10-528 Police- Traffic
10-531 Development Services- Administration
10-532 Development Services- Planning
10-533 Development Services- Neighborhood Preservation
10-542 Development Services- Street Maintenance
10-543 Development Services- Park Maintenance
10-545 Economic Development
10-551 Recreation Administration
10-556 Recreation- Sports
REGULAR INPUT: 110 MANUAL INPUT: 0 CHECK STUB COUNT: 2 DIRECT DEPOSIT STUB COUNT: 109
Employee Employer
Fed Taxes Employee/ Employer (MediCare $31,109.46 $27,431.89 $3,677.57 State Taxes Employee $8,147.47
ICMA Employee $3,548.72
LosAl Police Reserves Employee $0.00
PD Association Employee $1,267.61
LosAl Employees Assoc Employee $260.00
Nationwide - Full Time Employee $990.00
Nationwide - PT Employee/ Employer $2,941.88 $ 1,470.94 $ 1,470.94 PERS Deferred Comp Employee $1,355.98
PERS Employee/ Employer $46,488.08 $18,190.18 $28,297.90 AFLAC Employee $0.00
PERS Medical Employee/ Employer $0.00
Delta Dental PPO Employer $0.00
Delta Dental HMO Employer $0.00
VSP Vision Employer $0.00
Standard Self Admin Employee/ Employer $0.00
Standard Life Optional Employee
TOTALS $96,109.20 $47,093.01 $33,446.41
ABBV EMPLOYEE EMPLOYER DESC TAXABLE EMPLOYEE EMPLOYER
REG 4267.67 I-125 $ 630.86 FED W/H $ 229,605.19 $ 23,754.32 PTRG 1,773.25 I-129 $ 192.31 ST WH CA $ 229,605.19 $ 8,147.47 PHEO 80.00 AFLPT $ 45.91 MEDI $ 253,624.66 $ 3,677.57 $ 3,677.57 WCEX 80.00 CMP CLOAN $ 0.01
OTS 199.99 DCI DCICM $ 3,117.60
PTOT 12.00 DCM DCICM
STBY 12.00 DCN DCNW $ 990.00
CELL 0.00 DCP DCPRS $1,275.76
PPHC 0.00 DCR DCIR $ 200.00
MEDR 0.00 DD1 DPPO1
SPAS 0.00 DD2 DPPO2
SPSK 0.00 DD3 DPPO3
UNIF 0.00 DD4 DDMO1
UNI2 0.00 DD5 DDMO2
ADML 5.00 DD6 DDMO3
COMP 60.00 DI% DCI% $ 82.67
EAU 30.00 DIS DISAF $ 15.74
EAA 42.00 DLI DCLIC $ 148.45
COMA 20.63 DLP DCLPE $ 80.22
FLHO 51.00 LAR LARAD
SICK 59.00
VAC 31.33 LEA LAEAD $ 260.00
POST2 0.00 LIF LIFE
POST4 0.00 LTD A LTD
POST6 0.00
POST7 0.00 MED MDINS $ 6,654.29 $ 22,750.59
POST8 0.00 PBB PRSBB $ 481.97
POVA 25.00 PC2 PRC2R
BILI 0.00 PN1 PEPME $ 3,430.58
HOT 0.00 PN2 PEPMR $ 3,796.50
PN3 PEPSE $ 5,541.88
PN4 PEPSR $ 5,448.11
POS POAS $ 1,267.61
PR0 PRM8 $ 1,955.46
PR2 PRSMR 7671.23
PR4 PRSSR $ 11,382.06
PR5 PRSB4 $ 1,468.20
PR6 PRSAF $ 2,159.21
PR7 PRMB4 $ 1,098.53
PR8 PRMAF $ 1,320.10
PR9 PRSCC $ 685.80
RTP RT-PT $ 1,470.94 $ 1,470.94
SUR SURVI $ 48.36
VS1 VISI1
VS2 VISI2
VS3 VISI3
$ 34,622.46 $ 52,519.43 $ 35,579.36 $ 3,677.57
DESC HRS AMOUNT CD
Payroll 2/17/2023
BENEFITS & WITHHOLDINGS
DEDUCTION GRAND TOTALS
----------EARNINGS----------- -----------DEDUCTIONS----------- -------------------TAXES-------------------- $181,626.83 125
$35,185.33 129
$2,360.80 AFP
$4,015.20
$16,281.78
$396.00
$1,122.48
$890.00
$3,011.40
$424.68
$6,300.00
$1,681.28
$124.72
$100.00
$100.00
$275.70
$1,710.67
$0.00
$0.00
$349.22
$2,712.41
$1,928.50
$1,827.06
$191.28
$110.00
$450.00
$2,214.32
$676.25
$150.00
$55.00
Totals 6,748.87 $ 266,270.91
Payroll 2/03/2023
GROSS REGULAR OVERTIME LEAVE OTHER DEDUCTIONS TAXES NET 923.20 923.20 0.00 0.00 0.00 36.50 13.40 873.30
19,432.69 14,887.39 0.00 0.00 4,545.30 3,336.60 3,185.49 12,910.60 10,293.44 8,599.00 65.04 0.00 1,629.40 923.52 1179.99 8,189.93 22,979.05 19,610.55 0.00 0.00 3,368.50 4,189.89 4,437.85 14,351.31 90,705.22 46,310.06 21,461.09 10,101.36 12,832.71 15,058.63 14,445.92 61,200.67 15,534.61 12,642.52 1,664.09 187.08 1,040.92 4,820.66 1,620.28 9,093.67 10,015.49 5,855.43 208.13 69.38 3,882.55 675.35 1,316.40 8,023.74 1,684.80 0.00 0.00 0.00 1,684.80 63.18 95.89 1,525.73
4,509.95 3,641.60 186.27 0.00 682.08 777.51 504.31 3,228.13 3,328.50 0.00 0.00 112.49 3,216.01 124.83 75.27 3,128.40 21,629.19 16,021.55 0.00 580.35 5,027.29 2,746.33 3,791.29 15,091.57 3,378.84 2,889.60 46.44 0.00 442.80 530.12 627.30 2,221.42 4,852.70 2,031.40 0.00 0.00 2,821.30 292.56 535.38 4,024.76 7,765.00 6,066.80 0.00 355.70 1,342.50 1,830.32 647.33 5,287.35 4,724.19 2,254.70 289.89 0.00 2,179.60 911.58 338.18 3,474.43 2,135.40 1,899.36 0.00 0.00 236.04 560.09 24.92 1,550.39 2,891.60 2,146.20 0.00 357.70 387.70 194.09 137.94 2,559.57 26,049.60 19,664.60 0.00 1,518.80 4,866.20 4,979.17 3,368.09 17,702.34 18,870.71 0.00 0.00 359.31 18,511.40 707.65 1,018.58 17,144.48 TOTALS $271,704.18 $165,443.96 $23,920.95 $13,642.17 $68,697.10 $42,758.58 $37,363.81 $191,581.79 10-521 Police Administration
-----------------------------------------------------------DEPARTMENT RECAP-- ------------------------------------------------------- DEPT NO#
10-510 City Council
10-511 City Manager/ City Clerk
10-512 Finance
10-544 Development Services- Facility Maintenance
10-522 Police- Patrol
10-523 Police- Investigation
10-524 Police- Records
10-526 Police- Community Outreach
10-527 Police-Youth Progams
10-528 Police- Traffic
10-531 Development Services- Administration
10-532 Development Services- Planning
10-533 Development Services- Neighborhood Preservation
10-542 Development Services- Street Maintenance
10-543 Development Services- Park Maintenance
10-545 Economic Development
10-551 Recreation Administration
10-556 Recreation- Sports
REGULAR INPUT: 115 MANUAL INPUT: 0 CHECK STUB COUNT: 4 DIRECT DEPOSIT STUB COUNT: 112
Employee Employer
Fed Taxes Employee/ Employer (MediCare $32,478.67 $28,764.22 $3,714.45 State Taxes Employee $8,599.59
ICMA Employee $3,898.72
LosAl Police Reserves Employee $0.00
PD Association Employee $1,267.61
LosAl Employees Assoc Employee $560.00
Nationwide - Full Time Employee $990.00
Nationwide - PT Employee/ Employer $2,816.66 $ 1,409.83 $ 1,409.83 PERS Deferred Comp Employee $1,275.76
PERS Employee/ Employer $47,424.71 $18,661.36 $28,763.35 AFLAC Employee $123.30
PERS Medical Employee/ Employer $68,074.23
Delta Dental PPO Employer $0.00
Delta Dental HMO Employer $0.00
VSP Vision Employer $0.00
Standard Self Admin Employee/ Employer $0.00
Standard Life Optional Employee
TOTALS $167,509.25 $48,835.41 $33,887.63
ABBV EMPLOYEE EMPLOYER DESC TAXABLE EMPLOYEE EMPLOYER
WCSM 80.00 I-125 $ 630.86 FED W/H $ 227,572.22 $ 25,049.77 REG 3,871.67 I-129 $ 192.31 ST WH CA $ 227,572.22 $ 8,599.59 PTRG 1,727.75 AFLPT $ 45.91 MEDI $ 256,169.90 $ 3,714.45 $ 3,714.45 HOL 327.00 CMP CLOAN $ 81.12
OT 13.00 DCI DCICM $ 3,117.60
OTS 245.33 DCM DCICM $ 350.00
PTOT 24.50 DCN DCNW $ 990.00
STBY 6.00 DCP DCPRS $1,275.76
MOT 0.00 DCR DCIR $ 200.00
CAR 0.00 DD1 DPPO1 $ 286.55
CELL 0.00 DD2 DPPO2 $ 178.12
PPHC 0.00 DD3 DPPO3 $ 601.11
MEDR 0.00 DD4 DDMO1 $ 16.22
SPAS 0.00 DD5 DDMO2 $ 43.86
SPSK 0.00 DD6 DDMO3 $ 151.41
OCWD 0.00 DI% DCI% $ 82.67
OCWE 0.00 DIS DISAF $ 15.74
UNIF 0.00 DLI DCLIC $ 148.45
UNI2 0.00 DLP DCLPE $ 80.22
RTRO 0.00 LAR LARAD
ADML 2.00
COMP 40.00 LEA LAEAD $ 560.00
EAU 36.00 LIF LIFE $ 186.31
EAA 36.00 LTD A LTD $ 102.37
COMA 21.75
FLHO 23.00 MED MDINS $ 13,710.46 $ 45,501.11
SICK 117.00 PBB PRSBB $ 481.70
VAC 55.82 PC2 PRC2R
POST2 0.00 PN1 PEPME $ 3,374.22
POST4 0.00 PN2 PEPMR $ 3,734.14
POST6 0.00 PN3 PEPSE $ 6,063.86
POST7 0.00 PN4 PEPSR $ 5,961.25
POST8 $0.00 $349.22
POVA $20.00 $1,247.20 POS POAS $ 1,267.61
JURY $10.00 $254.60
BILI $0.00 $150.00 PR0 PRM8 $ 1,955.46
HOT $0.00 $55.00 PR2 PRSMR 7671.23
PR4 PRSSR $ 11,396.73
PR5 PRSB4 $ 1,473.76
PR6 PRSAF $ 2,159.21
PR7 PRMB4 $ 1,098.53
PR8 PRMAF $ 1,320.19
PR9 PRSCC $ 685.80
RTP RT-PT $ 1,409.83 $ 1,409.83
SUR SURVI $ 48.36
VS1 VISI1 $ 79.80
VS2 VISI2 $ 53.41
VS3 VISI3 $ 137.20
$ 42,758.31 $ 77,571.97 $ 37,363.81 $ 3,714.45
Totals 6,656.82 $ 271,704.18
$2,373.94
$191.28
$110.00
$450.00
$2,214.32
$4,244.61
$31.45
$98.32
$2,007.60
$1,981.62
$0.00
$0.00
$1,434.28
$160.00
$100.00
$100.00
$225.00
$399.69
$1,100.00
$880.00
$289.00
$6,300.00
$1,681.28
$124.72
$22,014.60
$808.50
$488.35
$35,270.63 AFP
$14,500.31
$609.50
$4,015.20 125
$165,443.96 129
Payroll 2/03/2023
BENEFITS & WITHHOLDINGS
DEDUCTION GRAND TOTALS
----------EARNINGS----------- -----------DEDUCTIONS----------- -------------------TAXES--------------------
DESC HRS AMOUNT CD
MINUTES OF THE CITY COUNCIL
OF THE CITY OF LOS ALAMITOS
ADJOURNED REGULAR MEETING – January 23, 2023
1. CALL TO ORDER
The City Council met in Adjourned Regular Session at 6:01 p.m., Monday, January 23, 2023, in the Council Chamber located at 3191 Katella Ave., Los Alamitos, CA 90720, Mayor Doby presiding.
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 Claborn, Chief of Police
Craig Covey, Orange County Fire Authority Division 1 Chief Michael Daudt, City Attorney
Craig Koehler, Finance Director
Emeline Noda, Recreation & Community Services Director
Ron Noda, Development Services Director
Tom Oliver, Associate Planner
Windmera Quintanar, MMC, City Clerk
Chelsi Wilson, Administrative Services Manager
3. PLEDGE OF ALLEGIANCE
Mayor Doby led the Pledge of Allegiance.
4. INVOCATION
Mayor Pro Tem Nefulda gave the Invocation.
5. PRESENTATIONS
Mayor Doby and the City Council presented the listed 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
City Council Adjourned Regular Minutes
January 23, 2023
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
Division Chief Covey gave a PowerPoint presentations and answered questions from the City Council.
City Manager Simmons stated that item 12A would be continued to a later date. He advised the Public Hearing would be opened for public comment; however, there would be no staff report this evening.
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 Doby opened Oral Communications.
Christine Arfwedson spoke in opposition to Council’s unwillingness to dialogue with speakers. She stated that she was unaware of the Housing Element until recently and spoke in opposition to the Lampson project and concern for parking and unsafe conditions on Lampson Ave. She stated the project as presented was not livable and urged Council to push the developers to make a livable project.
Patty Senecal requested Council delay the Lampson project for at least several months. She spoke regarding the following: opposition to the size of the project; lack of parking; deficient outreach; Planning Commission’s refusal to answer questions; traffic congestion and delays to emergency services; and, stated she did not feel her concerns were being listened to.
Jennifer Grgas spoke regarding the following: requested a longer delay regarding the Lampson project; concern for traffic and public safety; and, concern for developer trucks path of travel.
City Council Adjourned Regular Minutes
January 23, 2023
Dan Brandt spoke regarding the following: requested a longer delay regarding the Lampson project; concern residents we not properly noticed; indicated Los Alamitos was a safe City with a good school district; opposed the high density Lampson project; spoke regarding opposition to upcoming projects in surrounding cities; indicated the Housing Element would effect surrounding cities as well; opposed to Superintendent’s support for new students the project would bring; stated the project should be thought through thoroughly; and, indicated he was not opposed to development, but felt R2 would be a better fit.
Jeff Smith spoke regarding the following: appreciated the delay in voting; spoke in support for denying any rezoning off of Lampson; requested the project be modified to make it more palatable for neighbors; and, stated the number one concern is for safety.
Ricardo Ortiz spoke in opposition to affordable housing indicating it was not conducive to a nice community and brings a different element.
Dr. P spoke regarding the following: concern for increased accidents and/or fatalities on Lampson; concern for the upcoming reasoning in Rossmoor and Seal Beach; concern for delayed emergency response; works hard to afford to live in a City he loves; and, support for the police and fire that provide for a safe community.
Derek Foyer spoke regarding the following: stated R2 zoning made more sense; previously advised the only want to be heard at a Council meeting is to make noise and have signs; stated support for a back and forth discussion between Council and residents; and, stated support for delaying the decision.
Enea Ostrich spoke regarding the following: support for the safety of the neighborhood; stated concern for the inability to exit College Park East when emergency services had blocked the neighborhood; concern for increased crime and availability of emergency services; and, stated the project would present a big safety issue.
Lloyd Hannah spoke regarding support for hosting meetings in a larger venue and a question and answer forum for residents and Council.
Mayor Doby closed Oral Communications.
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 Hibard spoke regarding attendance at the League of California Cities New Mayors and Council Member training.
City Council Adjourned Regular Minutes
January 23, 2023
Council Member Murphy spoke regarding attendance at the League of California Cities New Mayors and Council Member training, Kurt Pringle’s Newly Elected Women Networking event; and Coffee with Supervisor Do.
Council Member Hasselbrink spoke regarding the following: attendance at Senator Janet Nguyen’s Swearing In; recent noise activity at the Joint Forces Training Base and encouraged residents to follow JFTB’s social media for announcements; and, support for having the JFTB in Los Alamitos.
Mayor Doby spoke regarding attendance at the Orange County Mosquito and Vector Control District, Senator Janet Nguyen’s Swearing In; Coffee with Supervisor Do; and, the League of California Cities New Mayors and Council Member training.
8. ITEMS FROM THE CITY MANAGER
None.
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.
Motion/Second: Hasselbrink/Nefulda
Unanimously Carried: The City Council ratified the Warrants for the period in the amount of $1,270,912.45
ROLL CALL
Mayor Doby Aye
Mayor Pro Tem Nefulda Aye
Council Member Hasselbrink Aye
Council Member Hibard Aye
Council Member Murphy 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: Hasselbrink/Murphy
Unanimously Carried: The City Council approved the following Consent Calendar items:
A. Approval of Minutes (Administration)
Approved the City Council minutes for the Special and Regular meeting of December 19, 2022, and the Special meeting of January 17, 2023.
City Council Adjourned Regular Minutes
January 23, 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.
The following findings were made 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 sought to establish the 2023 budget calendar.
The City Council approved the recommended budget calendar for 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.
The City Council:
1. Adopted 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. Authorized 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.
City Council Adjourned Regular Minutes
January 23, 2023
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.
Captain Byerley summarized the staff report.
City Council and Staff discussed the benefits of the program and clarified the original contract amount was for $30,000 with an additional $3,600 for extended data retention.
Motion/Second: Hasselbrink/Nefulda
Unanimously Carried: The City Council:
1. Approved the continuation of the Automated License Plate Reader Program; and,
2. Authorized 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.
City Clerk Quintanar summarized the Staff report.
Mayor Doby and Mayor Pro Tem Nefulda expressed an interest in attending.
Motion/Second: Doby/Murphy
Unanimously Carried: The City Council:
City Council Adjourned Regular Minutes
January 23, 2023
1. Appointed Mayor Tanya Doby to attend and serve as the City’s Voting Delegate for the Southern California Association of Governments (SCAG) General Assembly; and,
2. Appointed Mayor Pro Tem Nefulda 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 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.
City Attorney Daudt reiterated this item was being continued and advised Council since the item was noticed as a Public Hearing, it would be prudent to take public comment.
Mayor Doby opened the Public Hearing for public comment. There was no one present wishing to speak. Mayor Doby closed the Public Hearing for public comment.
Motion/Second: Murphy/Hibard
Unanimously Carried: The City Council continued the Public Hearing to February 21, 2023, at 6:00 p.m.
13. ADJOURNMENT
The City Council adjourned at 8:03 p.m.
Tanya Doby, Mayor
Attest:
Windmera Quintanar, MMC, City Clerk
City Council Regular Minutes
February 21, 2023
MINUTES OF THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS
REGULAR MEETING
Tuesday, February 21, 2023
1. CALL TO ORDER
The City Council met in Regular Session at 6:02 p.m., Tuesday, February 21, 2023, in the Council Chamber located at 3191 Katella Ave., Los Alamitos, CA 90720, Mayor Doby presiding.
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 Claborn, Chief of Police
Craig Covey, Orange County Fire Authority Chief
Michael Daudt, City Attorney
Craig Koehler, Finance Director
Emeline Noda, Recreation and Community Services Director Ron Noda, Development Services Director
Tom Oliver, Associate Planner
Andy Perea, Planning Consultant
Windmera Quintanar, MMC, City Clerk
Chelsi Wilson, Administrative Services Manager
3. PLEDGE OF ALLEGIANCE
Mayor Pro Tem Nefulda led the Pledge of Allegiance.
4. INVOCATION
Council Member Hasselbrink gave the Invocation.
5. PRESENTATION
A. Presentation Regarding the Upcoming 48th Annual Americana Awards (Saturday, March 11, 2023) by Mr. Howard Kummerman, Executive Director, Cypress College Foundation
Mr. Kummerman gave a PowerPoint presentation and introduced Nesi Stewart, Citizen of the Year.
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
City Council Regular Minutes
February 21, 2023
to not more than five minutes per speaker.
Mayor Doby opened Oral Communications.
Carol Churchill, attorney, spoke regarding the following: lack of housing for disabled individuals; special needs housing is not addressed in the General Plan; witnessed individuals in wheelchairs leave at the January Council meeting for inaccessibility; requested the Housing Element make a concentrated effort to provide housing for special needs individuals; low income makes finding housing difficult; and, stated Rossmoor should receive City notices as well since they are in the City’s sphere of influence.
Joe Haste, resident, spoke regarding the following: opposition to high density housing; encouraged Council to push back on Sacramento’s mandates; requested item 10M be pulled from the Consent Calendar; support for local control; and questioned Council’s transparency.
Jean requested a seal level rise study be done and stated concern for flooding.
Mayor Doby closed Oral Communications.
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 Hibard spoke regarding the following: attendance at the Library Advisory Board meeting; working with Michelle Steel’s Office to provide medals to Korean War Vets; attendance at the Orange County Sheriff’s Mass Shooting training.
Council Member Murphy spoke regarding attendance at the Orange County Sheriff’s Mass Shooting training and the Welcome Reception for Don Ortega at the Water District.
Council Member Hasselbrink spoke regarding attendance at the Los Alamitos Community Foundation Board meeting and requested the meeting be adjourned in honor of Victoria McKemy and former Division Chief Ron Roberts.
Mayor Pro Tem Nefulda spoke regarding attendance at the Orange County Sanitation District meeting and stated he looked forward to the return of Parklet Series on Pine St.
Mayor Doby spoke regarding the following: attendance at the Grand Opening for ACEF Enterprises; attendance at the So Cal Mayors Leadership Conference at
City Council Regular Minutes
February 21, 2023
Claremont University; meeting with Local Cub Scouts; attendance at the LAEF Royal Gala; attendance at the City Selection meeting; meeting with Senator Nguyen; attendance at Cal Cities speaker series, District lines and boundaries; and, Orange County Mosquito and Vector Control District in person Board meeting.
8. ITEMS FROM THE CITY MANAGER
None.
9. WARRANTS
A. Warrants (Finance)
The attached Warrant Register contains checks and electronic funds transfers for the period from January 1, 2023 to January 31, 2023.
Motion/Second: Hasselbrink/Hibard
Unanimously Carried: The City Council ratified the Warrants for the period from January 1, 2023 to January 31, 2023 in the amount of $1,817,966.29
ROLL CALL
Mayor Doby Aye
Mayor Pro Tem Nefulda Aye
Council Member Hasselbrink Aye
Council Member Hibard Aye
Council Member Murphy 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.
Council Members Hasselbrink and Murphy pulled items 10I and 10M.
Mayor Doby pulled item 10M.
Motion/Second: Doby/Murphy
Unanimously Carried: The City Council approved the following Consent Calendar Items:
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.
The City Council made the following findings by a majority vote:
1. A state of emergency has been proclaimed by California’s Governor
City Council Regular Minutes
February 21, 2023
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.
B. Annual Update of the Records Management Program (Administration) In October 2015, the City Council adopted the City-wide Records Management Program. Part of this Program included a day dedicated to records management and annual updates to the retention schedule. This item recommends changes to the policy to ensure continued success of the program.
The City Council adopted Resolution 2023-05, entitled, “A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS, CALIFORNIA,
ADOPTING A RECORDS MANAGEMENT PROGRAM AND REPEALING
RESOLUTION NO. 2022-01 IN ITS ENTIRETY”.
C. Administrative Rules and Regulation Updates (Administration) The Administrative Rules and Regulations (ARs) are a cumulation of polices that were adopted by Council, approved by the City Manager, and/or are administered by the Departments. Many of the policies are in need of updating and/or are now obsolete. Staff has identified polices originally approved by Council that are now obsolete and should be formally repealed.
The City Council:
1. Rescinded Administrative Regulation 2.6 - Challenge Coins; and,
2. Authorized the City Manager to implement, and modify as needed, Administrative Regulation 4.10 - Deputy City Manager Designation; and,
3. Repealed Resolution No. 2015-14, entitled, "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS,
CALIFORNIA, ADOPTING THE CITY OF LOS ALAMITOS TRAVEL
AND REIMBURSEMENT POLICY DATED JUNE 1, 2015 AND
REPEALING RESOLUTION NO. 2009-02"; and,
4. Authorized the City Manager to implement, and modify as needed, Administrative Regulation 6.1 - Travel and Reimbursement Policy.
City Council Regular Minutes
February 21, 2023
D. Treasurer's Quarterly Investment Report - December 2022 (Finance) The item for City Council consideration is receipt of the Treasurer’s Quarterly Investment Report.
The City Council received and filed the Treasurer’s Quarterly Investment Report – December 2022.
E. California Teamsters Local 911 Side Letter (Administration) This report seeks approval of the California Teamster Local 911 side letter amending the November 1, 2021 to October 31, 2024 Memorandum of Understanding (MOU) between the City of Los Alamitos (“City”) and the Teamsters Local 911 (“Teamsters”).
The City Council:
1. Adopted Resolution No.2023-06, entitled, “A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF LOS ALAMITOS, CALIFORNIA,
AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF LOS ALAMITOS AND THE TEAMSTERS LOCAL 911
EFFECTIVE NOVEMBER 1, 2021 THROUGH OCTOBER 31, 2024.
2. Authorized the Mayor to execute the side letter agreement amending the California Teamsters Local 911 Memorandum of Understanding (MOU).
F. Police Officers Association (POA) Side Letter (Administration) This report seeks approval of the Police Officers Association (POA) side letter amending the July 1, 2021 to June 30, 2024 Memorandum of Understanding (MOU) between the City of Los Alamitos (“City”) and the Los Alamitos Police Officers Association (“POA”).
The City Council:
1. Adopted Resolution No.2023-07, entitled, “A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF LOS ALAMITOS, CALIFORNIA,
AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF LOS ALAMITOS AND THE POLICE OFFICERS
ASSOCIATION EFFECTIVE JULY 1, 2021 THROUGH JUNE 30, 2024"; and,
2. Authorized the Mayor to execute the side letter agreement amending the Police Officers Association (POA) Memorandum of Understanding (MOU).
City Council Regular Minutes
February 21, 2023
G. Amendment No. 1 with Fireworks and Stage FX America, Inc. for Public Fireworks Display (Recreation)
This report allows for a change to the contract with Fireworks and Stage FX America, Inc. to reflect July 3 as the date for the City's annual fireworks display.
The City Council authorized the Mayor to execute Amendment 1 to the Professional Services Agreement with Fireworks and Stage FX America, Inc. to reflect the new event date of July 3.
A. Amendment No. 2 with North Star Land Care for Landscape Maintenance Services (Development Services)
This item is for continuing services with North Star Land Care to provide citywide landscape maintenance services for one additional year. The current Professional Services Agreement (PSA) expired on January 19, 2023 and can be extended for a one-year term by mutual agreement.
The City Council authorized the Mayor to execute Amendment No. 2 to the Professional Services Agreement (PSA) with North Star Land Care for a one-year contract extension ending on February 21, 2024, for an annual cost of $114,067.92.
J. Lease Agreement with The Institute of Electrical and Electronic Engineers for Warehouse Space (Development Services)
This item seeks authorization for a three (3) year lease agreement between the City of Los Alamitos and The Electrical and Electronic Engineers for warehouse space at 10662 Los Vaqueros Circle for $12,000 per month.
The City Council authorized the Mayor to execute a three (3) year lease agreement with The Institute of Electrical and Electronic Engineers for the use of warehouse space located at 10662 Los Vaqueros Circle in an amount not to exceed $453,960.
K. Resolution No. 2023-08 - Beverage Container Recycling City/County Payment Program Funding (Development Services)
This item requests Council's approval of a resolution concerning the City’s participation in Fiscal Year (FY) 2022-2023 California’s Department of Resources Recycling and Recovery (CalRecycle) Beverage Container Recycling City/County Payment Program. This program intends to aid in achieving and sustaining high recycling rates throughout the state of California.
The City Council:
1. Adopted Resolution No. 2023-08, entitled, “A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF LOS ALAMITOS, CALIFORNIA,
City Council Regular Minutes
February 21, 2023
APPROVING THE CITY’S PARTICIPATION IN CALRECYCLE’S
BEVERAGE CONTAINER RECYCLING CITY/COUNTY PROGRAM
DISTRIBUTION INTENDED TO AID ACHIEVING AND SUSTAINING
HIGH RECYCLING RATES”; and,
2. Authorized the City Manager to execute all Beverage Container Recycling Program documents concerning beverage container recycling program funds distributed.
L. Notice of Completion (NOC) for the Installation of Catch Basin CPS (Connector Pipe Screens) Citywide Project (CIP No. 21/22-05) (Development Services)
This capital improvement project installed Connector Pipe Screen (CPS) trash collecting units within 101 catch basins citywide. These CPS units are screens that are mounted at the outlet pipe of the catch basin to collect trash for disposal before entering the storm drain and eventually discharging into the ocean waters. This full-capture system was installed in existing catch basins as a requirement of the State Water Quality Control Board.
The City Council:
1. Accepted as complete the construction by United Stormwater, Inc. for the Installation of Catch Basin CPS (Connector Pipe Screens) Citywide Project (CIP No. 21/22-05); and,
2. Directed the City Clerk to record the Notice of Completion/Final Report with the County Recorder’s Office; and,
3. Authorized Staff to release the 5% retention to the contractor, in the amount of $4,129.92, thirty-five (35) days after recordation of the Notice of Completion.
End of Consent Calendar
Items Pulled from Consent Calendar
I. Amendment No. 2 with Terra Nova Planning & Research, Inc. for City’s General Plan Housing Element Consultation (Development Services) This item seeks approval of Amendment No. 2 with Terra Nova Planning & Research, Inc., to continue to provide preparation and consultation for the update on the City’s General Plan Housing Element until June 30, 2023 for an amount not to exceed $15,000. The current Professional Services Agreement (PSA) expired on December 31, 2022.
City Council Regular Minutes
February 21, 2023
City Manager Simmons introduced the item. Development Services Noda summarized the Staff report and answered questions from the Council.
City Council and Staff discussed the following:
• Clarified any future developments would require individual Environmental Impact Reports
• Staff was working with the Joint Forces Training Base for information sharing
• Original scope of work included two community workshops and any additional workshops would come with an additional cost • Additional services for the contract include continued communication with the State to ensure a certified Housing Element and filing of proper documentation
Mayor Doby opened the item for public comment.
Carol Churchill spoke regarding the following: support for an expanded Scope of Work to include an additional Community Forum; concern the Housing Element does not include liquification and earthquake fault area remedies; and, referenced the process in Seal Beach regarding liquification.
Ms. Churchill referred to item 10M stating Council should not ignore an agency that specializes in public safety and airplanes. She recommended Council not over turn ALUC’s findings.
City Council and Staff briefly discussed liquification and how any future developments would have individual Environmental Impact Reports (EIR) to address such concerns.
Motion/Second: Hasselbrink/Nefulda
Unanimously Carried: The City Council authorized the Mayor to execute Amendment No. 2 with Terra Nova Planning & Research, Inc., in an amount not to exceed $15,000 and a term expiring June 30, 2023.
M. Resolution No. 2023-04 - Notice of Intent to Overrule the Airport Land Use Commission (ALUC) for Orange County Finding of Housing Element Inconsistency (Development Services)
On January 19, 2022, the Orange County Airport Land Use Commission (“ALUC”) reviewed the City’s General Plan Housing Element Update 2021- 2029 6th Cycle and found the Housing Element Update to be inconsistent with the Airport Environs Land Use Plan for the Joint Forces Training Base Los Alamitos. The City Council will consider initiating the two-step process to overrule the ALUC determination in accordance with State Law.
City Attorney Daudt summarized the Staff report and answered questions from the City Council.
City Council Regular Minutes
February 21, 2023
Mayor Doby opened the Item for Public Comment.
Dan Brandt summarized his understanding of how other cities addressed overruling ALUC’s findings and stated the City would be open to more liability if Council overruled ALUC.
Mayor Doby closed the Item for Public Comment.
City Council and Staff discussed the following:
• This finding would be the first step in a process to open the dialogue with ALUC
• Confirmation the City had followed the legal requirements • Confirmation ALUC’s findings for the Joint Forces Training Base (JFTB) were a public document
Brian Kibbler spoke from the audience and requested Council continue the item for 90 days.
City Council and Staff discussed the following:
• Difference between noise contours and sound attenuation • ALUC’s findings based on 2014 sound contour map state concerns for building on sites six and 10
• JFTB study based on a 2022 sound contour map indicate sites six and 10 could be developed with noise mitigations in accordance with the California Building Code
• Concern the 2022 map was not provided to Council and Council could not verify claimed inconsistencies
• Clarification the 2022 map would be provided as part of the Public Hearing; however, the time and effort to compile and develop a Public Hearing can be labor intensive hence Staff requesting Council direction before proceeding
• Clarification tonight’s item was not to overrule ALUC; it was the first step to alert ALUC there was an intention to overrule and provide Staff direction to move forward with procuring new maps and expert findings • Developers bear the cost for sound mitigation required by the California Building Codes for any new development
• Clarification the City Council has adopted the State of California Building Code 2022, Green Book
• Clarification regarding the costs and experts required to make the findings required to be presented at a Public Hearing
• Clarification tonight’s item does not commit Council to overrule ALUC • Consequences of not overruling ALUC and having an inconsistent General Plan could include relinquishing local control for future projects to ALUC
City Council Regular Minutes
February 21, 2023
Motion/Second: Hasselbrink/Nefulda
Carried 3/2 (Hibard and Murphy voted no): The City Council:
1. Adopted Resolution No. 2023-04 entitled, "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF LOS ALAMITOS, CALIFORNIA,
MAKING DRAFT FINDINGS AND NOTIFYING THE ORANGE
COUNTY AIRPORT LAND USE COMMISSION AND THE STATE
DIVISION OF AERONAUTICS OF THE CITY'S INTENTION TO FIND THAT THE GENERAL PLAN 2021-2029 HOUSING ELEMENT
UPDATE IS CONSISTENT WITH THE PURPOSES OF THE STATE
AERONAUTICS ACT AND OVERRULE THE ORANGE COUNTY
AIRPORT LAND USE COMMISSION'S DETERMINATION THAT THE
HOUSING ELEMENT IS INCONSISTENT WITH THE 2017 JOINT
FORCES TRAINING BASE LOS ALAMITOS AIRPORT ENVIRONS
LAND USE PLAN” and,
2. Authorized the City Manager to submit Resolution No. 2023-04 to the Orange County Airport Land Use Commission and the State Division of Aeronautics and schedule a public hearing pursuant to Public Utilities Code Section 21676.
11. DISCUSSION ITEM
A. Non-Represented Employees Agreement Amendment
(Administration)
This report seeks approval for two changes to the Non-Represented Agreement.
City Manager Simmons introduced the item. City Attorney Daudt summarized the Staff report.
Motion/Second: Hasselbrink/Nefulda
Unanimously Carried: The City Council adopted Resolution No.2023-09, entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS
ALAMITOS, CALIFORNIA, ESTABLISHING SALARIES AND BENEFITS
FOR NON-REPRESENTED EMPLOYEES AND REPEALING
RESOLUTION NUMBERS 2021-25, 2022-07 AND 2022-24 IN THEIR ENTIRETY."
12. ORDINANCE
A. Ordinance No. 2023-03 - Modify Regulation and Sale of Fireworks (Administration)
This report proposes a change to the requirements for the regulation, use, and sale of safe and sane fireworks on the 4th of July.
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February 21, 2023
City Manager Simmons summarized the Staff report.
Motion/Second: Nefulda/Murphy
Unanimously Carried: The City Council:
1. Introduced for first reading, read by title only, waive further reading of Ordinance No. 2023-03, and set for adoption; and,
2. City Attorney Daudt read the title of Ordinance No. 2023-03, entitled “AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOS
ALAMITOS, CALIFORNIA, AMENDING SECTION 5.60.110(B) OF THE
LOS ALAMITOS MUNICIPAL CODE RELATING TO THE LOCATION
OF TEMPORARY FIREWORKS STANDS".
13. 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)
City Council considered 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, 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 R4 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.
City Manager Simmons introduced the item. Development Services Director Noda introduced Tom Oliver, Associate Planner, and Andy Perea, Planning Consultant. Director Noda summarized the Staff report and gave a PowerPoint presentation.
City Council and Staff discussed the following:
• Summarized the outreach process since the final draft was approved at a noticed Public Hearing by the Planning Commission in August 2022, including paid ads in the News Enterprise, social media posts, notice posted at City Hall, and legal notices published in the News Enterprise
• Attendance at the community workshops was not as high as attendance at tonight’s meeting
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February 21, 2023
• Citywide mailers, door hangers, and notice in the activity guide were delivered to every household in Los Alamitos
• Surrounding municipalities were notified; however, due to jurisdictional boundaries notice to residents was not provided by City staff
• Staff provided the following timeline:
o August 2021 – Mass mailings to residents began
o October 2021 – Letters to surrounding agencies inviting participation in the process were sent
o February and March 2022 – City Mailer to all residents o July 2022 – Letters to property owners
• Community engagement began in regard to a specific site, not for the Housing Element itself
• Community became aware of West Ed site when the property sold in the early summer of 2022
• Council acknowledged the residents present interested in this evening’s discussion
• Council requested improvement in community outreach
• Staff indicated the standard of the law regarding notice was exceeded for Los Alamitos residents
• Clarification was provided regarding the difference between the Housing Element process and potential upcoming projects • Housing Element is a State mandate that the City has a legal requirement to comply with
• Having an adopted Housing Element allows the City to approve future applications and plans
• Mitigation efforts for developments occur during the application process
• Staff explained the requirement for “realistic potential” for housing development
• Due to long term leases within the City and requests from property owners, several larger properties were eliminated from the Housing Plan as they could not realistically be developed within the proposed housing cycle
• Intent with the inventory sites was to spread the locations throughout the City and not concentrate housing in one location
• City submitted the Housing Element on time; however, the deadline to adopt a Housing Element was October 15, 2022
• State requested changes to the City’s submitted plan and in working with the Auditor for the City it is assumed the plan will be adopted as drafted
• Mayor Doby expressed displeasure there was nothing the City could do regarding this State mandate and that Council was being forced to adopt RHNA numbers it did not agree with to ensure as much local
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February 21, 2023
control as possible is maintained
• Staff indicated a 90-day continuance would not change the proposed Housing Element. Additional education and outreach could be performed; however, risk mitigation and potential loss of local control for submitted applications in the interim should be considered • Staff provided a brief explanation regarding the risks of not having a certified Housing Element including losing the ability to deny a development due to zoning and standard conflicts
• Staff reiterated the Housing Element pertained to the City as a whole and not to any specific one project
• Council discussed the La Habra project that was denied in 2020, but since they did not have a certified Housing Element, the developer was able to submit the project for approval
• Staff briefly described Development Services long and detailed approval process for specific projects. Large projects can take any where from 16-30 months for final approval.
• Staff highlighted that specific projects were not being decided on now and that once a completed application was received the projects would go through a process including studies, public input, and mitigation efforts; none of which could be offered tonight as Council was not considering any specific project
• Under a Builder’s Remedy there would be no constraints to affordable housing and the City would lose its ability to deny the project
• Explanation of fees and that they can only be charged at a rate to recover the service provided and most be properly noticed before any changes are considered by Council
• Staff believed working relationships with builders in the City was favorable; but, cautioned developer’s goals was to make a profit Mayor Doby opened the Pubic Hearing for public comment.
Ilya Reyngold, Seal Beach resident, stated opposition to the Lampson project stating concern for traffic accidents, speeding, fatalities, and negatived impacts to the school. He did not hear Seal Beach was notified and urged the Council to hear their concerns.
Christine Arfrvdsm, Parkewood resident, requested clarification on how a Builder’s Remedy would affect the Lampson project and the City’s ability to limit the number of units. Development Services (DS) Director Noda stated the site in refence is currently zoned for R3, without an adopted Housing Element, local control is lost and a Builder’s Remedy would allow for a development of R4. With an adopted Housing Element, Staff has the ability to limit the units with the approved zoning limits. Christine referred to the 102 acres in Parkwood and stated concern there was a lack of parking, safety of the project, lack of a eastbound left turn, safety of pedestrians, and
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February 21, 2023
speed of traffic. She stated she was not opposed to additional housing, but felt this project was not safe. She stated appreciation for what the City was trying to do.
Helen stated Mr. Les Johnson had stated government subsidizing of $25,000 would be provided for low income housing. She thanked staff for the informative presentation and indicated she had a helpful and informative meeting with DS Director Noda and Associate Planner Oliver. She stated the following concerns for high density affordable housing: residents are unaware of the project; expedited process; concern for infrastructure (i.e. water, sewer) and the cost to maintain it; lack of a noise study; noise level next to the Joint Forces Training Base (JFTB) is rated at 65%; methodology for affordable living plan is flawed as admitted by the government; Environmental Impact Report (EIR) has not been recirculated with answers to her submitted questions and concerns; requested a 90-day continuance and additional educational workshops; and, belief that as the City has submitted it’s plan there is more time to slow the process down.
Barbra Farrell, resident, thanked staff for the informative presentation. She stated the following concerns: desire to see more affordable senior housing in Los Alamitos; currently on a five-year waiting list in Fountain Valley; belief that affordable housing makes communities safer as it allows caregivers and emergency responders to be closer; community has become used to a certain amount of space and State is eliminating that option; she acknowledged Staff’s effort to find the best way to mitigate resident concerns and state requirements; and, stated the planning process in Los Alamitos is much better than San Francisco.
Laura Tanner, Rossmoor resident, spoke regarding the following topics:
lack of awareness of the incoming project in Rossmoor of 605 units; request for Council to participate in a Town Hall meeting if residents could coordinate the logistics; desire to have an open dialogue of questions and answers; support to fight State mandates to do what’s best for the community; and, opposed the small size of the Council Chamber and suggested using Los Alamitos High School auditorium.
Carol Churchill spoke regarding the following: resident concerns regarding Builder’s Remedy (BR) and fines for the City; read from the Housing Accountability Act regarding BR; belief that Los Alamitos has met it’s requirement by submitting it’s Housing Element to the State and therefore has a very minimal risk of BR; stated the Government Code reads fees are only imposed by the City denies an applicants development; belief risk are low should a 90 day continuance be approved; concern certain zones are well above the required RHNA numbers allowing developers to meet and exceed RHNA numbers; and, concern high density alters character of the community.
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February 21, 2023
Brian Kibler spoke regarding the following: appreciation for Council’s hard work; requested a 90-day continuance to allow for education, community buy in, and a better Housing Element; stated no cities have been fined; believed DR was used as a scare tactic; support for additional housing; support for being a part of a fair and transparent process.
Cynthia Sentento spoke regarding the housing needs for veterans. She referred to the abandoned Naval housing on the JFTB and indicated infrastructure was already in place. She supported building veteran and homeless housing on that property to fulfill affordable housing requirements and honor veterans.
Paul Kaylor, Parkewood resident, spoke regarding the following: provided a brief background of his history in Los Alamitos; support for working hard to get far in life; opposed to giving away prime real estate in Los Alamitos when so many people had worked hard to live in the City; support for the small town feel of Los Alamitos; and, concern for the people that will join the community with the amount of people leaving California and the judicial systems release of incarcerated individuals
Michael Gotto, resident, spoke regarding the following: concern for the safety of his four children; concern for safety, traffic congestions, and air quality on Lampson; indicated the community was concerned; and, requested a 90-day continuance to allow for additional discussion and research.
Jeff Smith, Seal Beach resident, spoke regarding the following: requested the council reject the Housing Element and a continuance for the vote; requested a reduction in zoning to R2 for the project; concern for the foundation of continued safety; concern for the size and scope of the project; provided his experience of unsafe traffic on Lampson Ave.; concern for ongoing effects of car accidents on adolescents; and, project location lacks parking and has difficulties with ingress and egress. He reiterated his request for Council to reduce the size of the project or delay the vote on the Housing Element.
Mary Aboseif, College Park East, spoke regarding the following: did not receive notification regarding the Housing Element; four kids that attend the Los Alamitos Unified School District (LAUSD); soccer being a big part of the community and the recent loss of Arbor Park; concern for the influx of students this new project will bring; concern the teachers have not been notified that additional students will be joining LAUSD; concern for the influx of new residents; concern for safety and emergency response; concern Los Alamitos Medical center is not a trauma center; concern for the amount of
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February 21, 2023
accidents on Lampson and the ability to get emergency services; concern for safety of pedestrians; and, requested a 90-day continuance to allow additional education.
Frank Marchese spoke regarding the following: background in real estate construction and understanding of the application process; opposed to new construction because the community likes the City as is; Housing Element took years to study and develop; concern for density, increased cars, and the impact on the community; concern for the impact surrounding city developments will have on the City; support for approving Housing Element as is; opposed 90-day continuance; support for the City not being fined; acknowledged the State mandate; and, thanked Council for everything they do for the City.
Dan Brandt spoke regarding the following: lack of understanding by the community; requested a 90-day continuance; concern for the Lampson project; concern residents were unaware of the project; requested additional workshops be held to educate the community on what is being done and why; indicated five out of 109 cities have adopted a compliant Housing Element; concern for changes happening at the State level; concern community was not involved in the process; acknowledged the cumulative impact of the Housing Element; 90-day continuance would allow for additional community input and possibility of identifying additional sites; concerns regarding the lack of a geological study and liquification impacts; believed the risk of Builders remedies and fines was relatively low; concern for the Lampson plans; and, desire to work together to figure it out.
John Lang, Parkewood Home Owners Association President, stated concern for the methodology used to calculate the sound impacts. He indicated when F16s fly over his home he needs to cover his years.
Candace Dewitt, resident, spoke regarding the following: opposition to a large project on Lampson; former Parks, Recreation, and Cultural Arts Commissioner; support for parks and open space; concern for possible builders remedies; questioned why additional housing was needed in California if so many people were leaving; support for housing at the former housing site at the JFTB; support for mixed use development; concern for State mandates; concern for the possibility of businesses leaving Los Alamitos; voted yes on Measure Y; support for keeping the community safe; and, stated support for additional education meetings.
Patty Campbell, College Park East resident, spoke regarding the following:
1967 and 1970 air strip incidents on the JFTB that affected Lampson homes; spoke regarding the Airport Land Use Commission (ALUC) purpose; and, concern for the transfer of liability the City will face if it overrules ALUC findings.
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February 21, 2023
Donna M spoke regarding the following: opposition to Lampson project; concern regarding accidents and lawsuits against the City of Seal Beach; Lampson Ave. is not properly banked; possible litigation from ALUC; provided her account of historical knowledge from 1980; encouraged the City to carefully review the EIR and CEQA as Lampson and McCloud were already at capacity for traffic; concern the Lampson project will not pass CEQA requirements; concern reports will be altered to meet requirements; cautioned Council to slow down the process; concern for increased density and lack of park space; concern for incoming developments in the surrounding area; and, concern for decreased quality of life.
Enea Ostrich spoke regarding the upcoming development project at the Old Ranch Country club. She stated concern regarding the La Habra development and urged Council to investigate the risks before rushing to approval.
Ford Rogers spoke regarding the following: concern for traffic on Lampson; Lampson Project is isolated from other roads and can not handle additional traffic; encouraged Council to work with other cities to take the fight to Sacramento; stated opposition to State mandates; and, opposed to Lampson Project for all reasons stated by previous speakers.
Jen Penny spoke regarding the following: opposition to the Lampson project; requested a 90-day continuance to allow for community education; concern for the lack of information regarding the Lampson project and desire for additional discussion; support for preserving local government control; concern compliance with State mandates will encourage continued mandates; support for joining with surrounding cities to build a forum for communication; and, concern for continued State mandates.
John Avery, resident, spoke regarding the following: support for tonight’s discussion; support for the City’s effort thus far; concerns regarding the EIR for the Lampson project; concern for infrastructure and emergency response costs for new development; and, concerns for timeline for project approvals and the City’s ability to support increased occupancy density.
Joy spoke regarding the following: provided a brief history on herself; support for the level of education, programs, and sports provided by the LAUSD; concern for pedestrian safety on Lampson and the decreased quality of driving; support for Huntington Beach fighting against its allocated RHNA numbers; concern for the State mandates; concern for gentrification negative impacts on the character of a neighborhood; and, support for fighting State mandates.
Unidentified female spoke regarding the following: requested a 90-day continuance for additional outreach and to allow the two new Council
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February 21, 2023
Members to get caught up; concern for the lack of liquification and geology studies; indicated the community is not opposed to additional housing and are requesting to be a part of the process; stated support for a larger town hall meeting to provide answers and reassurances; and, believed there was little risk to continue the item as the City is already built out and the topic warrants more discussion.
Mark Mihalco, College Park East resident, spoke regarding the following:
requested a 90-day continuance to allow for a larger town hall meeting; support for involving Seal Beach, Cypress, and College Park East in the discussion; support for addressing all the points that were brought up tonight and improved communication; and, support for a bigger forum for communication in the next 90 days.
Mary Ramsden, College Park East Resident, spoke regarding the following:
when she purchased her home in 1988 the area was federal land and is surprised it’s being rezoned for high density housing project; stated support for single family homes; stated concern for changing the neighborhood and decreased property values; believed the Lampson project was ideal for the City as it put all the housing on the outskirts of the City; stated opposition to the Lampson project; and requested a 90-day continuance.
The following individuals submitted speaker cards, but were not present when called upon: N. Mantle, Garden Grove resident; Beth Culver; Kirk Dottr; Tom Almanzan, Parkewood resident, opposed; and, Amine Kallala.
Mayor Doby closed the Public Hearing for public comments.
Mayor Doby spoke regarding the following: her attempts to meet with the City’s representatives in Sacramento; the City’s has joined surrounding cities in an attempt to fight the RHNA allocations; the shift of RHNA allocations from Los Alamitos to Buena Park; leadership above the local level dictates he RHNA numbers and there is no interest to change those despite the City’s best interest to fight them; Huntington Beach can afford to continue litigating; Los Alamitos has exhausted every avenue available and will join with any City that is successful in fighting; opposed unnecessary risks and possibility of builders remedies; recognizes in order to maintain as much local control the City must acknowledge the City’s RHNA allocation by adopting the Housing Element; and, reiterated she has been to Sacramento in the room filled with policy makers, and this was not a policy they were willing to change.
Council Member Hasselbrink spoke in opposition to the unproven accusations from the community regarding her ethics and reputation and the negative effects it is having on her family. She spoke regarding the following: a State approved Housing Element allows the City to hold
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February 21, 2023
developers to a standard; an unapproved Housing Element allows developers to submit applications under builders remedies removing the City’s ability to deny applications; opposed losing additional local control; provided a summary of Orange County’s RHNA allocations and process of submittal; pointed out this was a state-wide problem; stated concerns for non-compliance with State mandates including loss of local control; RHNA allocations are State mandated; local cities have been fighting the RHNA allocations for over two years with no success; adopting the Housing Element allows the City to maintain some local control; policy changes have to come from the Governor; pointed out that low income housing does not increase crime; and, low income housing includes elderly individuals living on a pension, military personnel and young all of whom are good, productive citizens.
Mayor Pro Tem Nefulda spoke regarding the following: full confidence in Staff and the City’s consultants competence; proper noticing was provided over the two year long process; the community is frustrated with a project introduced six months ago and not the two year process that has been taking place; and, he reiterated his support for Staff and thanked them for their efforts.
Council Member Murphy spoke regarding the following: need for improved communication as many residents present were unaware; understood the concerns regarding communication; reviewed the packet and personally feels more time is needed for additional research and to allow staff to provide adequate information to proceed; concern for lack of a full understanding even after doing additional research; and, stated support for additional outreach and communication.
Council Member Hibard spoke regarding the following: need for improved community outreach; many of her neighbors had not been notified; and, thanked the community for participating this evening.
Council Member Hibard asked for and received the following answers to questions posed during public comment:
• The developer would be financially responsible for the installation of utilities at the Lampson Project
• Senior Housing components could be incorporated to future individual projects
• RHNA allocations have been unsuccessfully litigated by surrounding cities
• Huntington Beach has submitted a Housing Element; however, it has announced it will exempt itself from Builders remedies which is likely to be litigated
• Additional housing allocations above the RHNA designations is a
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February 21, 2023
function of the zoning code itself. The amount of units in future development projects will be at the City’s discretion within the zoning limits.
• Traffic on Lampson will be studied should a completed project application be submitted
• Lampson traffic signals are under the jurisdiction of Seal Beach.
Studies regarding the need for additional signals will be borne by the project applicant.
• Potential remedies to reach the community outside of Los Alamitos borders can include additional information on the City’s website where interested parties can subscribe to updates; large scale signs with contact information at new project locations; and, requesting surrounding jurisdictions notify effected areas
• LAUSD was notified of the Housing Element. Staff can notify LAUSD should a project be submitted that they should be aware of. • Confidence that the police response time will not be effected should the Lampson project come to fruition.
• Speed limit on Lampson is regulated by the City of Seal Beach • Liquification reports are based on each individual site. Each project will have its own Environmental Impact Report (EIR) to ensure proposed projects will stay above ground level.
• Methodology for how sound is calculated would be done before the Public Hearing regarding the City’s intent to Overule ALUC findings • Housing Element requires the City to show it has the ability to develop additional housing. Laurel Park was included in the inventory list to meet this requirement. There are no proposed projects for Laurel Park at this time. Should a proposal come in the future, the City maintains the control of the sale of the property. • Legal noticing in additional newspapers can be done for a significant cost increase
• The City is on firm footing to defend against legal challenges to the Housing Element Liability for specific projects is borne by the developer.
• A traffic study on Lampson will offer mitigation solutions for improperly banked streets. Lampson is under the jurisdiction of Seal Beach.
• The City has done a significant amount of work to ensure our representatives are aware of our opposition to RHNA allocations.
City is prepared to over any knowledge and testimony in support of efforts made by surrounding cities.
• Reassurance was provided that the City is hearing the community’s concerns
• Broadcasting capabilities effect the City’s ability to utilize a larger meeting space. Staff is working with LAUSD for the possibility of using their facilities.
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February 21, 2023
Council Member Hibard thanked everyone for their participation and stated it was a productive discission. She reiterated there was room for improvement regarding outreach efforts and welcomed the community to reach out to her with any questions or concerns. She indicated she was looking forward to earning the community’s trust and will endeavor to be as transparent as possible.
Motion/Second: Hibard/Murphy
Motion Failed 2/3 (Doby, Hasselbrink, and Nefulda voted No): Delay the vote for 90 days.
Motion/Second: Hasselbrink/Nefulda
Motion Carried 3/2 (Hibard and Murphy voted No): The City Council:
1. Conducted a public hearing; and, if appropriate,
2. Adopted 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. Considered the draft resolution, and, if appropriate,
4. Adopted 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. Considered the draft ordinance; and, if appropriate,
6. Introduced 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).”
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B. Ordinance 2023-02 - State Mandated Update to Accessory Dwelling Unit (ADU) Regulations
Consideration of an ordinance amending and restating Section 17.28.020 of the Los Alamitos Municipal Code concerning the regulation of Accessory Dwelling Units (ZOA 23-01).
City Attorney Daudt summarized the Staff report.
City Council and Staff discussed how associated fees were only allowed to enable staff to recover its costs and could not allow the City to make a profit.
Mayor Doby opened the Public Hearing for public comment. There being no one present wishing to speak, Mayor Doby closed the Public Hearing for public comment.
Motion/Second: Hasselbrink/Hibard
Unanimously Carried: The City Council:
1. Introduced for first reading, read by title only, and waive further reading of Ordinance No. 2023-02; and,
2. City Attorney Daudt read the title of Ordinance No. 2023-02, entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOS
ALAMITOS, CALIFORNIA, AMENDING AND RESTATING SECTION
17.28.020 OF THE LOS ALAMITOS MUNICIPAL CODE
CONCERNING THE REGULATION OF ACCESSORY DWELLING
UNITS (ZOA 23-01)."
14. CLOSED SESSION
A. Conference with Legal Counsel
Anticipated Litigation Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: (One potential case) City Attorney Daudt read the item aloud.
RECESS
City Council recessed into Closed Session at 10:25 p.m.
RECONVENE
City Council reconvened in Regular Session at 10:51 p.m.
City Attorney Daudt stated there was no reportable action.
15. ADJOURNMENT
The City Council adjourned at 10:52 p.m. in memory of Victoria McKemy and former Division Chief Ron Roberts.
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February 21, 2023
Tanya Doby, Mayor
Attest:
Windmera Quintanar, MMC, City Clerk
City of Los Alamitos
CITY COUNCIL AGENDA REPORT
MEETING DATE: March 20, 2023 ITEM NUMBER: 10B
To: Mayor Tanya Doby & Members of the City Council
Presented By: Ron Noda, Development Services Director
Subject: Adopt Ordinance 2023-01 - Creating R-4 Zoning, Amending the TCMU Zone, and Rezoning Certain Properties
SUMMARY
City Council introduced for first reading, read by title only, and waived further reading of Ordinance No. 2023-01 at its February 21, 2023, meeting. Ordinance 2023-01 will approve a R-4 Zoning District in Los Alamitos, amend the Town Center Mix Use (TCMU) Zone, and rezoning certain properties to the R-3 and new R-4 Districts. These changes would be implemented to comply with the newly adopted Housing Element.
RECOMMENDATION
Adopt 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
Adoption of the Ordinance will allow the creation of an R-4 Zone, amending the TCMU Zone, and the rezoning of referenced properties.
Environmental: The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA) and the City’s environmental review procedures. The City Council finds and determines that this Ordinance is exempt from the California Environmental Quality Act (Public Resources Code section 21000 et seq.). Public Resources Code § 21065 defines "project" as "an activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment." The proposed Ordinance does not have the potential to result in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, as the Ordinance does not call for any change in the existing environmental conditions within the City. The proposed Ordinance merely updates existing City regulations to reflect policies and goals of newly adopted Housing Element. Accordingly, the Ordinance is not a "project" subject to CEQA. (Public Resources Code § 21065; CEQA Guidelines § 15378(a)).
DISCUSSION
To implement the R-4 and amend the TCMU zone, the following amendments to the Zoning Code are included in the Ordinance:
• 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 R4 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 Multi-Family 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.
As well, the Los Alamitos Zoning Map is amended by changing the following properties’ zoning designations as included the ordinance.
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
FISCAL IMPACT
None.
Attachment: 1. Ordinance No. 2023-01 - R-4 -TCMU
ORDINANCE NO. 2023-01
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)
WHEREAS, during its December 14, 2022 meeting, the Planning Commission recommended that the City Council approve this ordinance to fulfill Los Alamitos General Plan Housing Element (2021-2029) Policy Actions 4.4 & 4.5; and, WHEREAS, the Los Alamitos General Plan Housing Element (2021-2029) Policy Actions 4.4 & 4.5, shown below, require the recommended changes to the General Plan and the Zoning Code.
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 Housing Element) 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. 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 Housing Element) 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 Housing Element) on each parcel so designated. Prior to adoption of the R-4 zone, the City will demonstrate that the assigned 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 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 Housing Element) on each parcel so designated. The zoning text shall conform to Government Code section 65583.2(h) and (i), requiring a minimum of 16 units per site, permitted by right. Prior to adoption
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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.
WHEREAS, the State of California Department of Housing and Community Development (HCD) requires that these changes be made before approval of the City of Los Alamitos’s Housing Element (2021-2029); and,
WHEREAS, the City Council opened a duly noticed Public Hearing concerning these proposed General Plan, Zoning Code, and Zoning Map Amendments on January 17, 2023; and,
WHEREAS, the City Council considered all applicable Staff reports and all public testimony and evidence presented at the Public Hearing.
THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS, CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. The foregoing recitals are true and correct, and are incorporated herein by reference.
SECTION 2. Pursuant to Section 17.58.060 of the Los Alamitos Municipal Code, the following findings are made in support of this map and code amendments:
1. This Ordinance ensures and maintains internal consistency with the actions, goals, objectives, and policies of the General Plan, and would not create any inconsistencies with the Zoning Code.
These Zoning Code Amendments do not conflict with any of the actions, goals, objectives, or policies of the General Plan and will not create any inconsistencies with the Zoning Code. The amendments are intended to fulfill Policy Actions 4.4 and 4.5 of the General Plan’s Housing Element (2021-2029). City staff has reviewed the Elements of the General Plan and has determined that these policies provide consistency with them. Further, the City maintains this consistency through the processing of these amendments.
2. This Ordinance will not be detrimental to the public convenience, health, interest, safety, or welfare of the City.
These Zoning Code Amendments will enhance the public convenience, health, interest, safety, and welfare of the City by striving to meet the tatewide housing goal of “decent housing and a suitable living environment for every Californian” (Government Code Section 65580).
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3. This Ordinance has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA) and the City’s environmental review procedures.
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 the 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.
4. Additional Finding for Zoning Map Amendments. The site(s) is/are physically suitable (including access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the requested zone and anticipated land use development(s).
Projects constructed on these sites in the City of Los Alamitos are built in an existing urban environment that has been considered “built-out” for years. Most projects are a reconstruction of another land use and are considered infill. The supplying utility companies have had the expectation that these parcels would be occupied in one form or another.
The City requires larger projects to provide “will serve” letters from utilities to confirm this question during the entitlement process.
5. Additional Finding for Zoning Code Amendments. The proposed amendment is internally consistent with other applicable provisions of this Zoning Code. (Ord. 19-03 § 3, 2019; Ord. 688 § 1, 2006).
These Zoning Code Amendments were prepared for internal consistency within the Zoning Code and have been reviewed by City Staff.
SECTION 3. Section 17.04.020 (Zones Established) of the Los Alamitos Municipal Code is hereby amended to read as follows (new text shown in underline, deletions in strikethrough):
17.04.020 Zones Established
The City shall be divided into zones that implement the General Plan land use designations. The zones into which the City is divided are defined in Table 2-01 (Zones and General Plan Designations).
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Table 2-01: Zones and General Plan Designations
Zone Symbol Zone Name General Plan Land Use Designation Residential
Zones
R-1 Single Family Residential Zone Single-Family Residential R-2 Limited Multi-Family Residential
Zone
Limited Multi-Family Residential
R-3 Multi-Family Residential Zone Multi-Family Residential - 25 R-4 Multi-Family Residential Zone Multi-Family Residential - 36 M-H Mobile Home Park Zone Limited Multi-Family Residential Commercial and Industrial Zones
C-O Commercial/Professional Office
Zone
Professional Office
C-G General Commercial Zone Retail Business
P-L-I Planned Light Industrial Zone Planned Industrial
Mixed Use
Zones
TCMU Town Center Mixed Use Zone Mixed Use
Special Purpose Zones
O-A Open Area Zone Open Area/Easement Overlay
C-F Community Facilities Zone Community & Institutional and Community & Institutional/JFTB
SP Specific Plan Specific Plan
Overlay Zones
MOZ Medical Overlay Zone Medical Overlay
ROZ Retail Overlay Zone Retail Overlay
LWOZ Live/Work Overlay Zone Limited Multiple Family Residential; Mixed Use
SECTION 4. Section 17.08.010 (Purpose of Zones) of the Los Alamitos Municipal Code is hereby amended to read as follows (new text shown in underline):
17.08.010 Purpose of Zones
A. Generally. The purpose of the residential zones is to:
1. Provide for a full range of housing types and densities consistent with the General Plan;
2. Preserve, protect, and enhance the character of Los Alamitos’ residential neighborhoods and the quality of life of City residents;
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3. Ensure adequate light, air, privacy, and open space for each dwelling; and
4. Ensure that the scale and design of new development and alterations to existing structures are compatible with surrounding homes and appropriate to the physical characteristics of the site and the area where the project is proposed.
B. Individual Zones. The purposes of the individual residential zones and the manners in which they are applied are as follows:
1. Single-Family Residential Zone (R-1). The R-1 zone identifies lots designed to accommodate single-family dwellings on individual lots and planned-unit developments consisting exclusively of detached single-family dwellings. The maximum permitted density is six dwelling units per net acre. The R-1 zone implements the General Plan Single-Family Residential land use designation.
2. Limited Multi-Family Residential - 20 Zone (R-2). The R-2 zone applies to lots providing low-density multi-family housing consisting of more than one detached individual dwelling unit on one lot or attached dwelling units consisting of no more than three units in one structure. The maximum permitted density is 6 to 20 dwelling units per net acre. The R-2 zone implements the General Plan Limited Multi-Family Residential l and use designation.
3. Multi-Family Residential - 25 Zone (R-3). The R-3 zone apples to lots intended to provide multi-family housing. Housing types permitted include those permitted in the R-1 and R-2 zones, as well as structures containing four or more dwelling units. The maximum permitted density is 20 to 25 dwelling units per net acre. The R-3 zone implements the General Plan Multi-Family Residential land use designation.
4. Multi-Family Residential - 36 Zone (R-4). The R-4 zone apples to lots intended to provide multi-family housing. Housing types permitted include those permitted in the R-1, R-2 and R-3 zones, as well as structures containing four or more dwelling units. The maximum permitted density is 30 to 36 dwelling units per net acre. The R-4 zone implements the General Plan MultiFamily Residential-36 land use designation.
5. Mobile Home Residential Zone (M-H). The M-H zone is established to accommodate and preserve mobile home park housing developments and subdivisions. The M-H zone implements the General Plan Limited Multi-Family Residential land use designation. (Ord. 19-03 § 3, 2019; Ord. 688 § 1, 2006)
SECTION 5. Section 17.08.020 (Allowed Uses and Permit Requirements for Residential Zones) of the Los Alamitos Municipal Code is hereby amended to read as follows (new text shown in underline):
17.08.020 Allowed Uses and Permit Requirements for Residential Zones A. Use Regulations. This section, and Table 2-02 (Allowed Uses and Permit Requirements for Residential Zones) in particular, identifies the uses of land that may be allowed within each of
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the zones established in Section 17.04.020 (Zones Established) and indicates whether any special permit is required for each allowable use.
B. Permitted Uses, Use Permits, and Uses Not Allowed.
1. Permitted Use (“P”). A permitted use is a use permitted as a matter of right, subject to compliance with applicable provisions of this Zoning Code, including Site Development Permit—Major and Minor (Chapter 17.44) and a building permit or other permit required by the Municipal Code.
2. Permitted as an Accessory Use (“A”). Accessory uses are uses clearly incidental to a primary permitted or conditionally permitted use are permitted as a matter of right, subject to the requirements of this Zoning Code, including Section 17.38.030 (Accessory Structures/Uses— Residential).
3. Administrative Use Permit (“AUP”). Uses that are allowed subject to the approval of an Administrative Use Permit (Chapter 17.32).
4. Conditional Use Permit (“CUP”). Uses that are allowed subject to the approval of a Conditional Use Permit (Chapter 17.32).
5. Temporary Use Permit (“TUP”). Temporary uses are subject to the approval of a Temporary Use Permit (Chapter 17.46).
6. Uses Not Allowed (“—”). Uses with an “—” indication in Table 2-02 are not allowed in the specified zone.
C. Specific Use Regulations. All uses, regardless of the type of permit that may be required, shall comply with applicable provision of this Zoning Code. In addition, if there is a section number in the last column of the Table 2-02 labeled Specific Use Regulations, the use is also subject to the referenced provisions.
D. Zoning Permit Required. For any use permitted as a matter of right, such use shall require approval of a Zoning Permit in compliance with Chapter 17.50 (Zoning Consistency Review).
E. Multiple Uses on a Single Site. When a proposed project includes multiple land uses and more than one type of land use permit is required, the most restrictive land use permit shall apply to the entire project application.
F. Director Determination. Land uses are defined in Division 7 (Definitions). In cases where a specific land use or activity is not defined, the Director shall assign the land use or activity to a classification substantially similar in character, pursuant to Section 17.02.020 (Rules of Interpretation). Land uses not listed in Table 2-02 or not found to be substantially similar to the land uses, as determined by the Director, are prohibited.
Table 2-02: Allowed Uses and Permit Requirements for Residential Zones
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P: Permitted Use CUP: Conditional Use Permit
A: Permitted as an Accessory Use TUP: Temporary Use Permit AUP: Administrative Use Permit —: Use Not Allowed
Land Use Regulation
Use R-1 R-2 R-3 R-4 M-H Specific Use Regulations
CANNABIS USES
Cannabis Delivery — — — — — See
Section 17.28.090 (Cannabis
Uses)
Commercial
Cannabis Activities
— — — — — See
Section 17.28.090 (Cannabis
Uses)
Cultivation, even by
Qualified Patients
and Caregivers
— — — — — See
Section 17.28.090 (Cannabis
Uses)
RESIDENTIAL
USES
Accessory Dwelling
Unit
P P P P P See Section 17.28.020
Accessory Structures
and Uses
A A A A A See
Section 17.28.030 (Accessory
Structures/Uses—Residential)
Boarding House — — CUP CUP —
Group Home—6
residents or fewer
P
Live/Work Unit — AUP — — Subject to the regulations in
Section 17.28.180 (Live/Work
Units)
Mobile Home Parks — CUP CUP CUP CUP
Multiple-Family
Dwelling
— P P P —
Resident Manager’s
Unit
— AUP AUP AUP —
Single-Family
Dwelling
P P P P P
Senior Housing — P P P P
Supportive Housing P P P P P
Transitional Housing P P P P P
Two-Unit Dwelling
(Duplex)
— P P P —
PUBLIC ASSEMBLY AND
RECREATION USES
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Land Use Regulation
Use R-1 R-2 R-3 R-4 M-H Specific Use Regulations
Public Assembly
Facilities
— — CUP CUP A Only associated with a mobile
home park
Religious Assembly
Facilities
— — CUP CUP —
Recreation Facilities,
Private—Indoor or
Outdoor
A A A A A Only associated with the
primary permitted use and
intended to serve the residents
of the associated development
Schools, K-12—
Private
— CUP CUP CUP —
SERVICE AND
CARE USES
Day Care Centers — CUP CUP CUP — See Section 17.28.130 (Day Care, General)
Family Day Care
Homes—Large
P P P P — See Section 17.28.140 (Day
Care Home—Large Family
(9-14 children))
Family Day Care
Homes—Small
P P P P
Residential Care
Facilities—7 or more
persons
— — CUP CUP —
OTHER USES
Vehicle Charging
Facilities
A A A A A Only as accessory to a
permitted use
Temporary
Uses/Activities
TUP TUP TUP TUP TUP See
Chapter 17.46 (Temporary
Use Permits)
Utility Facilities
Facilities with OnSite StaffCUP CUP CUP CUP CUP Ground-mounted equipment in residential zones shall be
screened by landscaping to
the satisfaction of the Director
Facilities with No
On-Site Staff
AUP AUP AUP AUP AUP
Wireless
Communication
Facilities—Major
— — — — — Except as may be pre-empted
by Federal law
Section 17.28.270(K)
(Wireless Communications
Facilities)
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Land Use Regulation
Use R-1 R-2 R-3 R-4 M-H Specific Use Regulations
Wireless
Communication
Facilities—Minor
— — — — — Except as may be pre-empted
by Federal law
Section 17.28.270(L)
(Wireless Communications
Facilities)
Wireless
Telecommunication
Facilities, Satellite
Dish Antenna
P P P P P Subject to size limitations per
Section 17.28.270 (Wireless
Communications Facilities)
and as otherwise regulated by
this section
SECTION 6. Section 17.08.030 (Development Standards in Residential Zones) of the Los Alamitos Municipal Code is hereby amended to read as follows (new text shown in underline):
17.08.030 Development Standards in Residential Zones
A. The general property development standards for the R-1, R-2, R-3, R-4 and MH zones shall be as set forth in Table 2-03: Development Standards for Residential Zones.
B. In the R-2 zone, where a lot has been subdivided for the purpose of establishing one singlefamily residential unit per lot, the standards for the R-1 zone shall apply, except the minimum lot size shall be 5,000 square feet and the minimum lot width shall be 50 feet.
C. In addition to the standards set forth in Table 2-03, Section 17.08.045 (Design Standards for Multi-Family Housing) shall apply.
Table 2-03: Development Standards in Residential Zones
Requirement by Zone
Development
Feature
R-1 R-2 R-3 R-4 M-H Additional
Requirements
Lot and
Density
Standards
Maximum
Density
6 du/ac;
1 du per
lot
6-20
du/ac
20-25
du/ac
30-36
du/ac
10 du/ac
In MH zone, minimum
lot or space size for
individual mobile home
is 2,000 sq. ft.
Minimum Lot
Size
6,000
sq. ft.
9,000
sq. ft.
7,200
sq. ft.
7,200 sq.
ft.
5 acres
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Requirement by Zone
Development
Feature
R-1 R-2 R-3 R-4 M-H Additional
Requirements
Minimum Lot
Width
Interior Lot 60 ft. 60 ft. 60 ft. 60 ft. —
Corner Lot 60 ft. 70 ft. 70 ft. 70 ft. —
Reversed
Corner Lot
60 ft. 75 ft. — —
See also Title 16
(Subdivisions) regarding
dimensions for cul-de-sac
and other unusual lots
Minimum Lot
Depth
100 ft. 135 ft. 100 ft. 100 ft. —
Maximum Lot
Coverage
50% 60% 50% 60% — Excludes swimming
pools and any open-sided
patio structure
Building
Form and
Location
Minimum
Dwelling Area
Gross floor area
Studio 450 sq.
ft.
450 sq.
ft.
1 bedroom 650 sq.
ft
650 sq.
ft
2+ bedrooms
No
minimu
m for R1 zone
800 sq.
ft.
800 sq.
ft.
800 sq.
ft.
— Excludes garage area
Maximum
Height
Structures
Main 30 ft. 35 ft. 35 ft. 40 ft. 20 ft. See
Section 17.16.040 (Heigh
t Measurement and
Exceptions)
1) Except in the R-4
zone, along an interior
side yard lot line, any
structure taller than 25
feet shall be set back an
additional 5 feet
minimum (relative to
minimum required
setback) for any portion
of the building taller than
25 feet
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Requirement by Zone
Development
Feature
R-1 R-2 R-3 R-4 M-H Additional
Requirements
2) Structures on lots with
a common property line
with an R-1 zoned
property shall not exceed
2 stories and 25 feet in
height within 30 feet of
the R-1 lot line.
Accessory 15 ft. 15 ft. 15 ft. 15 ft. 15 ft. Accessory dwelling units shall conform to the
setback requirements for
the main structure
Minimum
Setbacks
See
Section 17.28.030 and
17.08.070 regarding
setback exceptions
Front Yard 20 ft. 20 ft. 20 ft. 20 ft. —
Turn-Around
End of a Culde-Sac
10 ft. 10 ft. 10 ft. 10 ft.
Side Yard—
Interior
5 ft. 5 ft. 5 ft. 5 ft. —
Side Yard—
Corner Lot
10 ft. 10 ft. 10 ft. 10 ft.
Rear Yard 10 ft. 10 ft. 10 ft. 10 ft. —
Garage
Setback
Applies to garages associated
with individual dwelling units
—
Street (Front) 20 ft. 20 ft. 20 ft. 20 ft. —
Alleyway 10 ft. 10 ft. 10 ft. 10 ft. —
Street (side
yard) (corner
lot)
20 ft. 20 ft. 20 ft. 20 ft. —
Maximum
Rear Yard
Coverage by
Patio or
Accessory
Structure
30% — — — — Applies to all rear yard
area, not just required
rear setback area
Distance
(minimum)
Between
Structures on 1
Lot
— 10 ft. 10 ft. 10 ft. N/A A minimum of 10 feet
between structures shall
be free of any eaves or
other projections
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Requirement by Zone
Development
Feature
R-1 R-2 R-3 R-4 M-H Additional
Requirements
When Main
Structures Face
Across a Court
— 15 ft. 15 ft. 15 ft.
Storage Space
in a Garage or
Carport
(minimum)
N/A 200 cubic ft./unit 200
cubic
ft./unit
N/A Storage space shall be
required for new
developments only
Outdoor
Living Space
Combination
of Private and
Common Area
— 400 sq.
ft. per
unit,
with a
minimu
m of
100 sq.
ft. of
private
space
per unit
200 sq.
ft. per
unit of
common
area,
with a
minimu
m of 60
sq. ft. of
private
space
per unit
200 sq. ft.
per unit
of
common
area, with
a
minimum
of 50 sq.
ft. of
private
space per
unit
200
sq. ft.
per
unit of
private
open
space
adjace
nt to
the
unit,
plus
50 sq.
ft. per
unit of
comm
on
open
space
1) For developments with
5 or more units, at least 1
common open space area
with minimum
dimensions of 20 feet by
20 feet shall be provided
2) For common open
space areas, a minimum
space of at least 20 feet
by 20 feet shall be
required. All common
open space areas other
than swimming pools
shall be kept clear of
mechanical equipment
and other obstructions
that would inhibit use of
the open areas
3) In the MH zone,
common outdoor area
shall be at least 125 sq. ft.
and accessible to all
mobile home park
residents
4) Private open space
must be clear of
mechanical equipment
and other obstructions
that would inhibit use of
area
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SECTION 7. Section 17.08.045 (Design Standards for Multi-Family Housing) of the Los Alamitos Municipal Code is hereby amended to read as follows (new text shown in underline):
17.08.045 Design Standards for Multi-Family Housing
A. Building Design.
1. Except in the R-4 and TCMU districts, for buildings higher than two stories, the third story shall step back a minimum of five feet from the story below to minimize building bulk and create façade articulation.
2. Building facades shall incorporate details such as window trim, window recesses, cornices, changes in material, color, or other design elements in an integrated composition.
3. Roofs shall be designed to drain away from neighboring properties.
4. On multi-story buildings, windows shall be placed to provide privacy for adjacent properties, such as avoiding having windows directly facing each other across lot lines.
5. Carport roofs visible from the public right-of-way or on-site buildings shall incorporate roof slopes and materials to match adjacent buildings.
B. Pedestrian Access.
1. Clearly marked pedestrian walkways shall be provided from parking areas to building entryways and shall be designed to minimize pedestrian/vehicle conflicts.
2. Interior and exterior pedestrian walkways with access within and to the residential or mixed-use projects shall be defined by landscaping and lighting that are consistent with the scale and architecture of the buildings they serve.
C. Other Design Standards.
1. Transformers shall not be located within any required private open space area.
2. Transformers, other on-site utility equipment, and on-site fire department connections shall be screened from view from public rights-of-way by landscaping or ground-mounted structures/fencing of materials and colors that match on-site architecture.
3. Stormwater retention ponds, where provided, shall be designed as a landscape feature D. Design Standards Specific to R-4 Zone.
1. Balconies.
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a) No more than 40% of balconies on a project shall extend beyond the facade of the building; and the maximum projection shall be 25% of the balcony’s full depth. All other balconies shall be recessed into the building facade. b) No balconies shall overhang into the public right-of-way or sidewalk not including the portion of the building setback behind the existing property line. c) Balconies can overhang the area of the building setback, behind the property line.
2. Indoor Common Area.
a) 25 percent of the required Common Area up to a maximum area of 3000 sq ft may be located indoors.
b) A minimum area of 400 square feet with a minimum dimension of 20 feet in each direction is required to qualify as Indoor Common Area. c) Indoor Common Areas shall have a minimum floor to ceiling height of 12 feet. d) At least one wall on an Indoor Common Area shall be a glazed building exterior. e) Indoor Common Areas shall connect directly to an Outdoor Common Areas. f) Indoor Common Areas shall not include spaces used primarily for circulation.
3. Materials.
a) No more than 60% of the building facade shall be clad with Exterior Insulation and Finish Systems (EIFS) or stucco.
SECTION 8. Chapter 17.12 (Town Center Mixed-Use Zone) of the Los Alamitos Municipal Code is hereby amended to read as follows (new text shown in underline, deletions in strikethrough)::
17.12.010 Purpose of Zone
The Town Center Mixed-Use (TCMU) zone is established to provide opportunities for commercial and residential mixed-use development that takes advantage of easy access to transit and proximity to commerce, and that encourages pedestrian activity. A wide range of integrated commercial and residential uses are appropriate. The Town Center Mixed-Use zone requires the inclusion of a ground-floor, street-frontage commercial or live/work components for all projects.
Exclusive residential structures are not allowed permitted as part of horizontal mixed-use developments. This zone implements the General Plan Mixed-Use land use designation and the Town Center Strategic Plan. (Ord. 19-03 § 3, 2019)
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17.12.020 Land Uses and Permit Requirements
A. Use Regulations. This section, and Table 2-06 (Allowed Uses and Permit Requirements for Town Center Mixed-Use Zone) in particular, identifies the uses of land that may be allowed within the TCMU zone and indicates whether any special permit is required for each allowable use.
B. Permitted Uses, Use Permits, and Uses Not Allowed.
1. Permitted Use (“P”). A permitted use is a use permitted as a matter of right, subject to compliance with applicable provisions of this Zoning Code, including Site Development Permit—Major and Minor (Chapter 17.44) and a building permit or other permit required by the Municipal Code.
2. Permitted as an Accessory Use (“A”). Accessory uses that are clearly incidental to a primary permitted or conditionally permitted use are permitted as a matter of right, subject to the requirements of this Zoning Code, including Section 17.28.035 (Accessory Structures—Nonresidential Zones).
3. Administrative Use Permit (“AUP”). Uses that are allowed subject to the approval of an Administrative Use Permit (Chapter 17.32).
4. Conditional Use Permit (“CUP”). Uses that are allowed subject to the approval of a Conditional Use Permit (Chapter 17.32).
5. Temporary Use Permit (“TUP”). Temporary uses are subject to the approval of a Temporary Use Permit (Chapter 17.46).
6. Uses Not Allowed (“—”). Uses with an “—” indication in Table 2-06 are not allowed in the specified zone.
C. Specific Use Regulations. All uses, regardless of the type of permit that may be required, shall comply with applicable provision of this Zoning Code. In addition, if there is a section number in the last column of the Table 2-06 labeled Specific Use Regulations, the use is also subject to the referenced provisions.
D. Zoning Permit Required. For any use permitted as a matter of right, such use shall require approval of a Zoning Permit in compliance with Chapter 17.50 (Zoning Consistency Review).
E. Multiple Uses on a Single Site. When a proposed project includes multiple land uses and more than one type of land use permit is required, the most restrictive land use permit shall apply to the entire project application.
F. Director Determination. Land uses are defined in Division 7 (Definitions). In cases where a specific land use or activity is not defined, the Director shall assign the land use or activity to a classification substantially similar in character. Land uses not listed in Table 2-06 or not found to
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be substantially similar to the land uses, as determined by the Director, are prohibited.
G. Prohibited Uses. The following uses are specifically prohibited in the TCMU zone:
1. All Cannabis Activities, including Cannabis Deliveries, Commercial Cannabis Activities, and Commercial Cultivation, even by Qualified Patients and Caregivers
2. Donation Boxes
3. Freight and/or Truck Terminals
4. Gun and Ammunition Stores
5. Manufacturing—Heavy
6. Recycling, Large Collection
7. Recycling, Processing Facility
8. Salvage Yard
9. Secondhand Stores
10. Swap Meets—Indoor or Outdoor
11. Tobacco and Vape Stores. (Ord. 19-03 § 3, 2019)
17.12.030 Commercial Uses Required along Street Frontages To maintain an active pedestrian environment in the TCMU zone, commercial uses shall be the predominant along street frontages. At least 75 percent of the ground floor frontage along Katella Avenue and Los Alamitos Boulevard shall be occupied by commercial uses and/or live/work units. At least 75 percent of the ground floor frontage along Pine Street shall be occupied by commercial and/or cultural uses.
Table 2-06: Allowed Uses and Permit Requirements for Town Center Mixed-Use Zone P: Permitted Use CUP: Conditional Use Permit
A: Permitted as an Accessory Use —: Use not allowed
AUP: Administrative Use Permit TUP: Temporary Use Permit UF: Permitted Only on Upper Floor(s)
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Land Use TCMU Special Use Regulations
BUSINESS, FINANCIAL, AND PROFESSIONAL
Automated Teller Machines
(ATMs)—Drive Up
—
Business Support Services P
Check Cashing and/or Payday
Loans
—
Financial Institutions and
Related Services (without drivethrough facilities)
P
Offices—Business, and
Professional (but not including
Medical and Dental Office)
P 1) In multi-story structures, offices may occupy
up to 100 percent of the gross floor area in the
second and higher stories, and up to 15 percent
of the ground floor upon verification of the
square footage by the Director. In no case shall
any single office space on the ground floor
exceed 3,000 square feet total
2) In single-story structures located in shopping
centers, up to 15 percent of the gross floor area
of the center is allowed for office uses upon
verification of the square footage by the
Director. In no case shall any single office space
exceed 3,000 square feet total
CANNABIS USES
Cannabis Deliveries — See Section 17.28.090 (Cannabis Uses) Commercial Cannabis Activities — See Section 17.28.090 (Cannabis Uses) Commercial Cultivation, even
by Qualified Patients and
Caregivers
— See Section 17.28.090 (Cannabis Uses)
EATING AND DRINKING ESTABLISHMENTS
Bars, Lounges, Nightclubs, and
Tasting Rooms
CUP
Restaurant—No Alcohol Sales P
Restaurant—Accessory Outside
Seating Areas
AUP See Section 17.28.200 (Outdoor Dining) and
Chapter 17.32 (Administrative Use Permits and
Conditional Use Permits)
Restaurant—Full or Limited
Service with Late Hours (open
between midnight and 6:00
a.m.)
CUP
Restaurant—Full or Limited
Service, Serving Alcohol
CUP See Section 17.28.060 (Alcoholic Beverage
Retail Sales)
Restaurant with Drive-Through
Facilities
—
CC ORD 2023-01
Land Use TCMU Special Use Regulations
EDUCATION
Schools, Private CUP
Trade and Vocational Schools CUP
Traffic School CUP
Tutoring and Education Centers CUP
LODGING
Hotel and Motel CUP
Homeless Shelters—up to 20
beds
—
Homeless Shelters—more than
20 beds
—
MEDICAL-RELATED AND
CARE USES
Ambulance Services —
Clinic and Urgent Care —
Day Care Center CUP 17.28.130 (Day Care, General)
Health Facilities, Therapy and
Rehabilitation
CUP Prohibited on ground floor. No larger than 3,000
sq. ft.
Hospital —
Medical and Dental Office P/CUP 1) CUP required on ground-floor tenant spaces on properties with arterial street frontage
2) In multi-story structures, offices may occupy
up to 100 percent of the gross floor area in the
second and higher stories, and up to 15 percent
of the ground floor upon verification of the
square footage by the Director. In no case shall
any single office space on the ground floor
exceed 3,000 square feet total. These standards
shall apply to all office uses, including
Professional. Such determination/verification
shall occur through the Zoning Permit process
3) In single-story structures located in shopping
centers, up to 15 percent of the gross floor area
of the center is allowed for office uses upon
verification of the square footage by the
Director. In no case shall any single office space
exceed 3,000 square feet total. These standards
shall apply to all office uses, including
Professional. Such determination/verification
shall occur through the Zoning Permit process
Residential Care Facilities —
RECREATION AND
CC ORD 2023-01
Land Use TCMU Special Use Regulations
ENTERTAINMENT
Arcade (Electronic Game
Center)
CUP See Section 17.28.070 (Arcades)
Commercial Recreation—
Indoors
CUP
Commercial Recreation—
Outdoors
—
Entertainment, Indoor CUP Excludes uses that are regulated under Section 17.28.040 (Adult Businesses)
Health/Fitness Facilities, Small AUP
Health/Fitness Facilities, Large CUP
RESIDENTIAL
Live/Work Unit AUP
Multi-Family Dwelling AUP Required to be integrated into a project as either horizontal or vertical mixed use, but not
permitted as a stand-alone use
Senior Residential Housing
Projects
P See Section 17.28.250 (Senior Citizen Housing)
Single-Family Dwelling —
Supportive Housing—Housing
Type
AUP
Transitional Housing—Housing
Type
AUP
RETAIL SALES
Alcohol Beverage Sales
Alcohol Sales, for Off-Site
Consumption
CUP See Section 17.28.060 (Alcoholic Beverage
Retail Sales)
Alcoholic Beverage Sales (for
on-site or off-site
consumption, in conjunction
with an allowed use)
CUP See Section 17.28.060 (Alcoholic Beverage
Retail Sales)
Animal Retail Sales —
Building Materials and Services,
Indoor
—
Building Materials and Services,
Outdoor
—
Convenience Store CUP
Farmers’ Market TUP
Outdoor Temporary and/or
Seasonal Sales
TUP
Recreational Equipment
Rentals—Indoor Only
P
Retail—General P
CC ORD 2023-01
Land Use TCMU Special Use Regulations
Retail—Restricted CUP
Vehicle Sales and Rental P Office only; no storage of cars on property.
Large Vehicle, Construction,
and Heavy Equipment Sales,
Service, and Rental
—
SERVICE USES
Animal Boarding/Kennels,
Grooming
—
Cultural Institutions CUP
Funeral Parlors and Interment
Services
—
Instructional Services P
Maintenance and Repair
Services—Indoor
—
Personal Services, General P
Personal Services, Restricted CUP
Moving Companies, Storage
Allowed
—
Social Service Facilities CUP
Vehicle Repair and Services —
Service/Fueling Station —
Vehicle Washing/Detailing —
Vehicle Service, Major —
Veterinary Services, Large
Animal
—
Veterinary Services, Small
Animal
CUP All operations must be conducted completely
within a masonry structure. No overnight
boarding permitted
TRANSPORTATION, COMMUNICATIONS, AND INFRASTRUCTURE USES Car Sharing—Parking AUP Car sharing parking spaces may not occupy any space required for another use
Freight/Truck Terminals —
Vehicle Charging Stations A
Utility Facilities CUP
Vehicle Storage —
Wireless Telecommunication
Facilities—Minor
AUP See Section 17.28.270 (Wireless
Communications Facilities)
Wireless Telecommunication
Facilities—Major
CUP See Section 17.28.270 (K) (Wireless
Communications Facilities)
Wireless Telecommunication
Facilities, Satellite Dish
Antenna
P See Section 17.28.270 (Wireless
Communications Facilities)
OTHER USES
CC ORD 2023-01
Land Use TCMU Special Use Regulations
Caretaker Quarters —
Drive-Through or Drive-Up
Facilities
—
Public Assembly Facilities CUP
Religious Assembly Facilities CUP
Vending Machine A Allowed indoors only accessory to an allowable use
17.12.040 Development Standards for Town Center Mixed-Use Zone A. General. The general property development standards for the TCMU zone shall be as set forth in Table 2-07: General Development Standards for Town Center Mixed-Use Zone.
B. Calculation of Density and Intensity.
1. Horizontal Mixed Use. For residential and nonresidential uses on the same development site but separate legal lots, the residential density shall be calculated for the lot or lots dedicated solely to residential use. The FAR for the nonresidential use shall be calculated for the lot or lots dedicated solely to the nonresidential use.
2. Vertical Mixed Use. For a development project consisting of residential and nonresidential uses in the same building or group of buildings, the residential density and FAR shall be additive, meaning that the development in total shall not exceed the allowed the residential density shall be as calculated for the residential component and plus the maximum the FAR as calculated for nonresidential component.
Table 2-07: General Development Standards for Town Center Mixed-Use Zone Requirement by Zone
Development Feature TCMU Additional Requirements
Minimum Lot Area (for new
mixed-use development)
10,000 5,000 sq. ft. For new mixed-use
development. Single-purpose
uses can be constructed on
lots smaller than 10,000 5,000
sq. ft.
Structure Form and Location
Standards
Residential Density—Maximum 30 60 units/acre The cumulative residential development in the TCMU
district shall not exceed 588
total units.
FAR Maximum—Nonresidential
Components
2.00 Storefront Width—Minimum 50% of street frontage lot
CC ORD 2023-01
Requirement by Zone
Development Feature TCMU Additional Requirements
width
Minimum Setback
Fronting Los Alamitos
Boulevard and/or Katella
Avenue
12 ft. minimum The setback shall be
developed as passable
walkway, contiguous with the
public sidewalk. Shade trees
(species to be required by the
City) shall be planted in the
first 4 ft. of the setback; the
rear 5 ft. of the setback may
be used for outdoor dining or
other outdoor commercial
uses.
Fronting Pine Street 6 ft. minimum
Front or Adjacent to a Street 0 ft. minimum; 10 ft.
maximum
Side—Interior
Abutting Nonresidential or
Mixed-Use Zone
0 ft. minimum
Abutting Residential Zone 10 ft. minimum
Side—Street Side 10 ft. minimum
Rear
Abutting Nonresidential Zone 0 ft. minimum
Abutting Residential Zone 15 ft. minimum
Height—Maximum 60 ft.
Open Space for Residential Uses 150 200 sq. ft. per unit combined common and
private
C. Parking Restricted within Front and/or Street Side Setbacks. Parking shall only be allowed within required front and/or street side setbacks where the responsible review authority finds that no feasible alternative exists to design a project and further, where such parking can be well integrated into overall project design and can adequately screened.
D. Minimum Ground Floor Height. The minimum ground-floor height for structures with commercial uses on the ground floor shall be not less than 12 feet, six inches. (Ord. 19-03 § 3, 2019)
17.12.050 Design Standards
A. Generally. All new development shall be designed to achieve the following objectives:
CC ORD 2023-01
1. Site and building design shall provide for internal compatibility among the different uses in terms of noise, hours of operation, vehicle and pedestrian circulation, access, use of open space, and similar operating characteristics.
2. Potential noise, odors, glare, pedestrian traffic, and other potentially significant impacts on residents shall be minimized to allow a compatible mix of residential and nonresidential uses on the same site.
3. The design of any live/work or mixed-use project shall take into consideration potential impacts, including, but not limited to, noise, odors, and hours of operation, on adjacent properties. The design shall include specific design features to minimize potential impacts.
4. The design of the mixed-use project shall ensure that the residential units are of a residential character and that privacy between residential units and between other uses on the site is maximized.
5. The design of the structures and site planning shall encourage integration of the street pedestrian environment with the nonresidential uses through the use of plazas, paseos, courtyards, and walkways, as well as pedestrian scale amenities and street furniture.
6. Site planning and building design shall be compatible with and enhance the adjacent and surrounding built environment in terms of scale, building design, color, exterior materials, roof styles, lighting, landscaping, and signage.
7. Any mixed-use development in which two-thirds or more of the gross floor area is developed with residential uses, in addition to complying with the design standards set forth in this section, shall comply with the provisions of Section 17.08.045 (Design Standards for Multi-Family Housing).
B. Building Orientation, Entrances, and Articulation.
1. Orientation. The main building of a development shall be oriented to face a public street. Building frontages shall be generally parallel to streets. For all residential, retail, and office uses, at least one primary entrance to a ground-floor use shall face the adjacent street right-of-way. Ground-related entrances include entrances to ground-floor uses.
2. Ground Floor Transparency. At least 65 percent of the exterior walls on the ground floor facing the street shall include windows, doors, or other openings.
3. Nonresidential Entrances. Entries shall include clearly defined features of front façades and be of a scale that is in proportion to the size of the building and number of units being accessed. Larger buildings shall have a more prominent building entrance while maintaining a pedestrian scale.
4. Transitional Space at Residential Entries. New residential buildings shall provide
CC ORD 2023-01
transitional spaces in the form of stoops, overhangs, and porches between public areas fronting the primary street(s) and entrances. This type of element or equivalent shall be required for each unit or group of units, but no less than one of this type of element shall be provided.
5. Building Articulation. No street frontage wall may run in a continuous plane for more than 25 feet without building openings or offsets, or as approved by the Review Authority if the project is constrained by unusual parcel size, shape, use, or other features that the responsible Review Authority accepts as rendering this requirement infeasible. Offsets shall vary in depth and/or direction of at least 18 inches, or a repeated pattern of offsets, recesses, or projections of similar depth.
6. Structured Parking. Structured parking facing public streets shall be fronted or wrapped with actively occupied spaces such as storefronts, live/work units, residential community amenities, and lobbies. Access to parking shall be designed so that it is not prominent and ties into the adjacent architectural style. (Ord. 19-03 § 3, 2019) C. Stoops are a unique opportunity to engage residential entries with the public realm, creating activation, opportunities for engagement, and safety. Additionally, stoops create a design aesthetic that supports a residential character on appropriate urban streets. All stoops shall conform to the following design standards:
1. Stoops shall be required for ground level residential units on all streets, regardless of typology.
2. Stoops shall be designed to address the street to provide the most direct access path and allow for the greatest amount of landscaping.
3.. Stoop or storefront access shall be required for all ground level live-work units, where the street frontage of the building exceeds 100 feet, unless otherwise explicitly approved by the design review authority, provided an alternative accessible path is included.
4. Stoops shall be elevated a maximum of 36 inches above grade or sidewalk.
5. Stoop porches, not including stairs, shall be a minimum of 20 square feet.
6. Stoops shall correspond directly to the building entry and be at least 4 feet wide.
7. Stoops and/or adjacent entry porches shall not be enclosed with solid walls or railings, or vegetation that creates a visual obstruction between the stoop/porch and the public sidewalk in order to maintain a sense of openness.
8. Stoops may have an over-hanging roof or awning no wider than the stoop.
9. Planter or porch walls parallel to the sidewalk and taller than 18 inches shall have an irrigated 18 inch planting bed at its base.
CC ORD 2023-01
D. Courtyards and Plazas are outdoor rooms designed for public use and are defined by surrounding buildings and/or streets. Primary functions are to encourage a diversity of opportunities for social interaction and activities, to provide relief and relaxation, to expand and reinforce the public realm, and to contribute to the livability and general amenity of the Town Center and adjacent parts of the city. Proposed uses and design should be determined as part of the overall project design process and shall comply with the established design standards:
1. Dimensions
a. Shall have a minimum area of 1,200 square feet and minimum dimensions of 30 feet by 40 feet.
2. Accessibility
a. Courtyards and plazas shall be open to a public street and sidewalk, on one or two-sides with an unobstructed opening dimension of 30 feet on any open side. An alley shall not be considered a public street
b. Security fences, walls, and entry gates shall not obstruct access from the sidewalk. c. Raised planters shall not be located along the perimeter and used to privatize publicly accessible open space.
d. Shall be open and accessible to the public at a minimum from 7am to 10pm. e. Signage shall identify the open space as a public amenity and the hours of accessibility. f. Vehicular access, loading and parking uses shall be prohibited.
3. Materials.
a. Courtyards and plazas shall be of high-quality materials. Careful detailing shall include consideration of materials, their durability and appearance. No more than 25% of the area may be paved in standard concrete.
4. Landscaping
a. At least 25% of the courtyard surface shall be landscaped with live vegetation. Shade trees and gardens are strongly encouraged. All landscaped areas shall contain a combination of low, medium, and tall plant materials as appropriate. b. A minimum of one 36-inch box shade tree shall be provided per 600 square feet of publicly accessible open space in a planting area of at least 6 ft x 6 ft x 3 ft deep. At the time of planting, trees shall be at least 12-feet tall with a 2-inch caliper (trunk), 6-inch above the topmost root.
c. The property owner or agent shall maintain open space and landscaping within the publicly accessible open space.
CC ORD 2023-01
5. Amenities
a. Seating at the ratio of one seat per 200 square feet of courtyard/plaza area shall be provided, in addition to any permitted outdoor dining, in dispersed locations throughout the space. Seating shall be either movable chairs, or fixed seats or benches, where such seats shall be 18 lineal inches each. Movable seating is strongly encouraged.
b. Storefront and unit entries fronting on the open space shall be designed and lighted to address safety and avoid unsafe conditions such as limited visibility, poor illumination, or dark corners.
c. A majority of the open space should have access to sunlight for the duration of daylight hours. A mix of direct sunlight and shade is encouraged. Freestanding shading devices (single installation on the ground, such as trellis, patio covers, etc) shall be permitted within the open space, provided no more than 50% of the open space is covered.
d. Permanent building projections, including cantilevered overhangs or balconies, may not project over the open space.
e. Open space shall be inviting and well-illuminated at night with pedestrian-scaled lighting to address public safety. Fixtures may include low-level lights and overhead lights attached to building walls.
f. A special feature (public art, water feature, specimen tree, or other such focal point) shall be provided for each publicly accessible open space plaza or courtyard. g. Bike racks, scooter parking areas, waste receptacles, and other street furnishings shall be provided.
h. All publicly accessible open space shall follow the safety standards and considerations as defined by Crime Prevention Through Environmental Design (CPTED).
i. Lighting shall be pedestrian-scaled and may include low-level bollard lights or overhead wall mounted fixture for a well illuminated area.
E. Paseos are narrow pedestrian passages that serve as mid-block crossings or access to interior courtyards. Their intimate scale and safety from vehicular traffic/noise makes them potentially vibrant destinations. Paseos are common to warm climates, where their sense of enclosure and
CC ORD 2023-01
relative shade also makes them an attractive alternative to street retail. Paseos should comply with the following design standards:
1. Dimensions
a. Paseos shall not be more than 30 feet nor less than 20 feet wide. The directly adjacent building walls framing the paseo may not be greater than three times in elevation height than the width of the paseo. The building above this height must be setback a minimum of 20 feet.
2. Accessibility
a. Paseos shall be physically and visually accessible from the public sidewalk, and must connect a public street with a different public street, alley or interior courtyard. b. Paseos must be at the same elevation as the public sidewalk. No security fences, walls or entry gates shall block passage during established hours. c. Signage shall identify the paseo as a public amenity. d. Vehicular access, loading and parking uses shall be prohibited within the paseo during hours of public accessibility.
3. Materials
a. Paseos shall feature high quality, durable materials applied in a carefully detailed manner.
b. Decorative paving compatible with the style of the adjacent structures shall be applied with no more than 25% of the paseo being paved in standard concrete. c. Street-level facade standards shall be applied to facades fronting onto the open space.
4. Landscaping
a. A minimum of 10% of the paseo area shall be landscaped with live landscaping. All landscaped areas shall contain a combination of low, medium, and tall plant materials as appropriate.
b. A minimum of one 24-inch box shade tree shall be installed per 750 square feet of paseo area.
c. Planters shall have a minimum soils area of 24 inches by 24 inches by 24 inches (24” x 24” x 24”), except where a tree is required, at which point the area and depth shall be increased to a minimum of 42 inches by 42 inches by 36 inches (42” x 42” x 36”).
CC ORD 2023-01
e. The property owner or agent shall maintain open space and landscaping within the publicly accessible open space.
5. Amenities
a. Seating at the ratio of one seat per 200 square feet of paseo area shall be provided, in addition to any permitted outdoor dining, in dispersed locations throughout the space.
Seating shall be either movable chairs, or fixed seats or benches, where such seats shall be construed to be 18 lineal inches each. Movable seating is strongly encouraged.
b. Storefronts, unit entries or stoops shall front onto the paseo when possible and shall be designed and lighted to address safety.
c. A majority of the paseo should have access to sunlight for the duration of daylight hours. A mix of direct sunlight and shade should be provided. d. Overhead structures, including canopies, awnings, cantilevered overhangs, or balconies, cannot cover greater than 25% of the paseo area. The remaining 75% must be open to the sky, although freestanding shade structures (trellises, patio covers, etc) shall be allowed, but a minimum of 50% of the paseo must remain uncovered. e. Bike racks, scooter parking areas, waste receptacles, and other street furnishings shall be provided in the paseo.
f. Lighting shall be pedestrian-scaled and may include low-level bollard lights or overhead wall mounted fixtures for a well illuminated area.
17.12.060 Live/Work Standards
All live/work units shall comply with the regulations established in Division 4, Section 17.28.180 (Live/Work Units) of this title. (Ord. 19-03 § 3, 2019)
17.12.070 Open Space Requirements for Residential Uses
A. Type. Open space shall be in the form of private or common open space such as balconies, courtyards, at-grade patios (rear and side of the units), rooftop gardens, or terraces. Open standards for the R-3 zone shall apply.
B. Minimum Dimension. Balconies that are 30 inches or less in width or depth shall not be counted as open space.
C. Encroachment. Balconies that project over a public right-of-way shall be subject to
CC ORD 2023-01
approval by the City Engineer. (Ord. 19-03 § 3, 2019)
17.12.080 Mixed-Use Lot Consolidation Incentive Program To encourage the assemblage of smaller lots into larger lots that can be developed more efficiently into a mixed-use project, the following incentives may be provided to a qualifying development at the Director’s discretion:
A. Reduction of planning permit application fees.
B. Priority in permit processing. (Ord. 19-03 § 3, 2019)
17.12.090 Other Applicable Regulations
New land uses and structures, and alterations to existing land uses and structures, shall be designed, constructed, and/or established in compliance with the requirements in Division 3— Site Planning and General Development Standards and Division 4—Regulations for Specific Land Uses and Activities. (Ord. 19-03 § 3, 2019)
SECTION 6. The Los Alamitos Zoning Map is hereby amended as follows:
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
(Multiple
Family
Residential)
241-241-35 Laurel Park Community &
Institutional
C-F R-4
(Multiple
Family
Residential
– 36)
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
SECTION 9. Pipeline Projects. Permit applications for properties located within the TCMU zone and the proposed R-4 zone which have been submitted to plan check prior to the adoption of this Ordinance shall be reviewed under the zoning rules and regulations which were in effect on the day prior to adoption of this Ordinance. The foregoing notwithstanding, any applicant may make a request in writing to the Director
CC ORD 2023-01
of Development Services that his or her application be reviewed under the zoning rules and regulations as amended by this Ordinance.
SECTION 10. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 11. The City Clerk shall certify as to the adoption of this Ordinance and shall cause a summary thereof to be published within fifteen (15) days of the adoption and shall post a Certified copy of this Ordinance, including the vote for and against the same, in the Office of the City Clerk, in accordance with Government Code Section 36933.
PASSED, APPROVED, AND ADOPTED this 20th day of March, 2023. ____ __________
Tanya Doby, Mayor
ATTEST:
______________________________
Windmera Quintanar, MMC, City Clerk
APPROVED AS TO FORM:
___________________________________
Michael S. Daudt, City Attorney
CC ORD 2023-01
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 Ordinance was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 21st day of February, 2023, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 20th day of March, 2023, by the following roll-call vote, to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
_______________________________
Windmera Quintanar, MMC, City Clerk
City of Los Alamitos
CITY COUNCIL AGENDA REPORT
MEETING DATE: March 20, 2023 ITEM NUMBER: 10C
To: Mayor Tanya Doby & Members of the City Council
Presented By: Michael Daudt, City Attorney
Subject: Adopt Ordinance 2023-02 - State Mandated Update to Accessory Dwelling Unit (ADU) Regulations
SUMMARY
City Council introduced for first reading, read by title only, and waived further reading of Ordinance No. 2023-02 at its February 21, 2023, meeting. Ordinance 2023-02 will amend and restate Section
17.28.020 of the Los Alamitos Municipal Code concerning the regulation of Accessory Dwelling Units (ZOA 23-01).
RECOMMENDATION
Adopt Ordinance No. 2023-02, entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS, CALIFORNIA, AMENDING AND RESTATING SECTION 17.28.020
OF THE LOS ALAMITOS MUNICIPAL CODE CONCERNING THE REGULATION OF ACCESSORY DWELLING UNITS (ZOA 23-01)."
BACKGROUND
During the 2021-2022 legislative session, the California Legislature approved two bills modifying State ADU Law. Senate Bill 897 and Assembly Bill 2221 (collectively, the “2022 revisions to State ADU Law”) further streamline the process for approval of ADUs and JADUs and clarify certain provisions to ease development restrictions. These laws became effective on January 1, 2023, and all cities must utilize the new regulations, regardless of consistency with any local regulations. At its regular meeting of February 21, 2023, the City Council introduced for first reading Ordinance Number 2023-02 to fulfill the requirements of these bills.
DISCUSSION
Section 17.28.020 of the Los Alamitos Municipal Code includes provisions regulating the development of ADUs and JADUs in the City. Section 17.28.020 was last updated in 2020.
Since that time, the California Department of Housing and Community Development has issued updated guidance regarding the implementation of the State ADU Law (California Government Code § 65852.2). Further, during its 2021-2022 Regular Session, the State Legislature approved two bills modifying the State ADU Law, Senate Bill 897 and Assembly Bill 221. Both bills took effect on January 1, 2023.
Key changes to the State ADU Law made by Senate Bill 897 and Assembly Bill 2221 are outlined below:
1. Height Limitations. The City must now allow ADUs taller than 16 feet in the following circumstances:
a. If a detached ADU is on a lot that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, the ADU may be up to 18 feet in height, and up to two feet taller (for a maximum of 20 feet) if necessary to align the roof pitch on the ADU to the roof pitch of the primary dwelling. b. If a detached ADU is on a lot with an existing or proposed multistory multifamily dwelling, the ADU may be up to 18 feet in height.
c. An attached ADU may be as tall as 25 feet, or the height limitation of the zoning district applicable to the primary dwelling, whichever is lower. However, the City may still limit the ADU to two stories.
2. Front Yard Setbacks. In general, the City may still impose front yard setback requirements on ADUs; however, Senate Bill 897 and Assembly Bill 2221 clarify that the front yard setback requirements must yield to the extent necessary to allow the construction of an ADU of at least 800 square feet with four-foot side and rear yard setbacks.
3. Objective Standards. The City may impose objective standards on ADUs. Senate Bill 897 and Assembly Bill 2221 define “objective standards” to mean, “…standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal.”
4. JADU Bathroom Access. A JADU may either have its own bathroom or share a bathroom with the single-family residence in which it is located. Senate Bill 897 and Assembly Bill 2221 specify that if a JADU is permitted without its own bathroom, it must have an interior entrance to the primary residence’s main living area.
The proposed Ordinance incorporates amendments to Section 17.28.020 of the Los Alamitos Municipal Code required to comply with the State ADU Law, as modified by Senate Bill 897 and Assembly Bill 2221. The Planning Commission met on January 25, 2023 and approved Resolution No. 2023-02 recommending City Council approval of the proposed Ordinance. If approved, a copy of the Ordinance must be sent to the California Department of Housing and Community Development (“HCD”) within 60 days. Following its review, the HCD may submit written findings to the City as to whether the Ordinance, in its assessment, complies with California Government Code Section 65852.2.
FISCAL IMPACT
None.
Attachment: 1. Ordinance 2023-02 - Regulation of Accessory Dwelling Units
1747150.3
ORDINANCE NO. 2023-02
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LOS ALAMITOS, CALIFORNIA, AMENDING AND
RESTATING SECTION 17.28.020 OF THE LOS
ALAMITOS MUNICIPAL CODE CONCERNING THE
REGULATION OF ACCESSORY DWELLING UNITS (ZOA
23-01)
WHEREAS, an accessory dwelling unit or “ADU” is 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. An accessory dwelling unit includes permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as a single-family dwelling or multifamily dwelling; and,
WHEREAS, a “junior accessory dwelling unit” or “JADU” is a small residential dwelling unit contained entirely within a single-family residence. A Junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing single-family residence; and,
WHEREAS, in 2016, the State Legislature adopted two bills pertaining to accessory dwelling units, Assembly Bill 2299 and Senate Bill 1069, which modified Government Code Section 65852.2; the State Legislature further modified Government Code Section 65852.2 with the adoption of Assembly Bill 494 and Senate Bill 229 in 2017, and again in 2020 with the adoption of Senate Bill 13, Assembly Bill 68, Assembly Bill 881 and Assembly Bill 3182 (Collectively, the “State ADU Law”); and, WHEREAS, on June 15, 2020, the City Council of the City of Los Alamitos adopted Ordinance No. 2020-04 amending and restating Sections 17.08.020 and 17.28.020 of the Los Alamitos Municipal Code to update and clarify the City’s regulations related to ADUs in accordance with the State ADU Law; and,
WHEREAS, in July 2022, the California Department of Housing and Community Development (HCD) issued an updated Accessory Dwelling Unit Handbook, providing guidance on implementation of the State ADU Law; and,
WHEREAS, during its 2021-2022 Regular Session, the State Legislature approved two bills modifying the State ADU Law, Senate Bill 897 and Assembly Bill 221 (Collectively, the “2022 Revisions to the State ADU Law”); and,
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WHEREAS, the 2022 Revisions to the State ADU Law necessitate the amendment and restatement of Section 17.28.020 (Accessory Dwelling Units and Junior Accessory Dwelling Units) of Title 17 (Zoning Regulations) of the Los Alamitos Municipal Code; and, WHEREAS, the Planning Commission opened a duly noticed Public Hearing concerning this proposed code amendment on January 25, 2023, and recommended City Council approval of this Ordinance; and,
WHEREAS, the City Council opened a duly noticed Public Hearing concerning the proposed code amendment on February 21, 2023; and,
WHEREAS, the City Council considered all applicable Staff reports and all public testimony and evidence presented at the Public Hearing.
THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS, CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. The foregoing recitals are true and correct, and are incorporated herein by reference.
SECTION 2. Pursuant to Section 17.58.060 of the Los Alamitos Municipal Code, the following findings are made in support of this code amendment:
a) This Ordinance ensures and maintains internal consistency with the actions, goals, objectives, and policies of the General Plan, and would not create any inconsistencies with the Zoning Code.
ZOA 23-01 is consistent with the goals, policies, programs and land uses of applicable elements of the General Plan because the proposed Ordinance clarifies and updates the regulations for Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) in accordance with the requirements of Government Code Section 65852.2, which the Legislature adopted with the intent to streamline local regulations for the construction of new Accessory Dwelling Units. The State has long held that Accessory Dwelling Units are an important source of affordable housing in California.
The City’s adopted General Plan Housing Element contains policies which support development of Accessory Dwelling Units, and the City’s Regional Housing Needs Allocation (RHNA) is supported by the addition of Accessory Dwelling Units to the City’s housing stock.
b) This Ordinance will not be detrimental to the public convenience, health, interest, safety, or welfare of the City.
ZOA 23-01 will promote public convenience, health, interest, safety and general welfare and serve the goals and purposes of Title 17 by clarifying and streamlining the regulations applicable to development of new
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Accessory Dwelling Units. The proposed Accessory Dwelling Unit regulations require compliance with all applicable building and safety codes to ensure all life safety requirements are met.
c) This Ordinance has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA) and the City’s environmental review procedures.
The City Council of the City of Los Alamitos determines that this Ordinance is exempt from CEQA per Public Resources Code Section 21080.17 and CEQA Guidelines Section 152(h), which state the adoption of an ordinance regarding second dwelling units (accessory dwelling units) to implement the provisions of Government Code Section 65852.2 are exempt from CEQA; this Ordinance is further exempt from CEQA pursuant to CEQA Guidelines Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) because it has no potential for resulting in a physical change to the environment, directly or indirectly.
SECTION 3. Section 17.28.020 of Article 4 (Regulations for Specific Land Uses and Activities) of Title 17 (Zoning) of the Los Alamitos Municipal Code is hereby amended and restated in its entirety to read as follows:
17.28.020 Accessory Dwelling Units and Junior Accessory Dwelling Units A. Purpose. The purpose of this Section is to provide for and regulate the creation of accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in a manner consistent with California Government Code sections 65852.2 and 65852.22.
B. Definitions. The following terms used in this Section shall have the meanings indicated below:
“Accessory dwelling unit”, “accessory structure”, “efficiency unit”, “living area”, “nonconforming zoning condition”, “passageway”, “proposed dwelling”, “public transit”, and “tandem parking” all have the same meaning as that stated in Government Code section 65852.2 as that section may be amended time to time. The terms “accessory dwelling unit” and “ADU” shall have the same meaning.
“Attached ADU” means an ADU, other than a converted ADU, that is physically attached to a primary dwelling.
“Converted ADU” means an ADU that is constructed within all or a portion of the permitted existing interior space of an accessory structure or within a portion of the permitted existing interior space of a dwelling structure, including bedrooms, attached garages, storage areas, or similar uses. A converted ADU also includes an ADU that
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is constructed in the same location and to the same dimensions as a permitted existing structure or portion of a permitted existing structure. “Detached ADU” means an ADU, other than a converted ADU, that is physically separated from, but located on the same lot as, a primary dwelling. “Director” means the Development Services Director or their designee. “Junior accessory dwelling unit” has the same meaning as that stated in Government Code section 65852.22(h)(1) as that section may be amended time to time. The terms “junior accessory dwelling unit” and “JADU” shall have the same meaning.
C. Conforming ADUs. An ADU that conforms to this Section shall:
1. Be deemed an accessory use or an accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located;
2. Be deemed a residential use that is consistent with the existing General Plan and zoning designation for the lot upon which it is located; and
3. Not be considered in the application of any local ordinance, policy, or program to limit residential growth.
D. Locations Permitted.
1. Permitted ADU Locations. ADUs conforming to the provisions of this Section may be located on any lot in the City zoned to allow single-family or multifamily residential uses and that includes a proposed or existing legally developed singlefamily or multifamily dwelling.
2. Permitted JADU Locations. JADUs conforming to the provisions of this Section may be located within a proposed or existing legally developed single-family dwelling on any lot in the City that is zoned to allow single-family residential uses.
3. Notwithstanding the foregoing, no ADU may be constructed in an area in which the development of new residential units or residential additions, the addition of bathrooms, or new or additional connections to the water or sewer system would otherwise be prohibited due to inadequate water or sewer capacity, as determined by reference to objective and generally applicable rules, regulations, or maps adopted and/or maintained by the water service or sewer provider, as applicable.
E. ADU Requirements.
1. Legal Lot/Residence. An ADU shall only be allowed on a lot that contains a proposed or legally developed existing single-family or multifamily residence.
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2. An ADU shall be either:
(a) Attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or an accessory structure; or
(b) Detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling.
3. Number of Units Per Lot.
(a) For lots with a proposed or existing single-family dwelling, no more than one attached, converted or detached ADU and one JADU shall be permitted on the lot. In cases where both a detached ADU and JADU are developed or proposed on a lot, the total floor area of the detached ADU must be 800 square feet or less.
(b) For lots with an existing multifamily dwelling:
i. At least one attached ADU, and up to 25 percent of the number of the existing units may be constructed within portions of the existing multifamily dwelling structure that are not used as livable space (e.g., storage rooms, boiler rooms, passageways, attics, basements, or garages) provided all applicable building code standards are met.
ii. Not more than two detached ADUs shall be permitted on the lot.
4. Unit Size and Height.
(a) Maximum Size.
i. Attached ADUs. The total floor area of an attached ADU shall not exceed (i) 850 square feet for a studio or one-bedroom unit and 1,000 square feet for a unit with two or more bedrooms, or (ii) fifty (50) percent of the floor area of the primary dwelling, whichever is less. However, in no case shall this limitation be imposed to require an ADU with a total floor area of less than 800 square feet.
ii. Detached ADUs. The total floor area of a detached ADU shall not exceed 850 square feet for a studio or one-bedroom unit and 1,000 square feet for a unit with two or more bedrooms.
iii. Converted ADUs. The maximum size limitations set forth in this Subsection do not apply to converted ADUs that do not increase the existing floor area of a structure. In addition, a converted ADU created within an existing accessory structure may include an expansion of not more than 150 square
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feet beyond the same physical dimensions as the existing accessory structure to extent necessary to accommodate ingress and egress. (b) Minimum Size. The total floor area of an attached or detached ADU shall be at least 150 square feet.
(c) Height
i. Except as provided below, the height of a detached ADU on a lot with an existing or proposed single-family or multifamily dwelling unit shall not exceed 16 feet.
ii. The height of a detached ADU located on a lot with an existing or proposed single-family or multifamily dwelling unit that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, shall not exceed 18 feet. However, an additional two feet of height, for a maximum of 20 feet, is allowed when necessary to align the roof pitch on the ADU to the roof pitch of the primary dwelling.
iii. The height of a detached ADU on a lot with an existing or proposed multifamily, multistory dwelling shall not exceed 18 feet. iv. The height of an attached ADU shall not exceed the height limitation of the zoning district applicable to the primary dwelling or 25 feet, whichever is lower. In no event shall any such ADU exceed two stories.
5. Applicability of Development Standards. Except as otherwise provided in this Section, all ADUs must conform to the development standards set forth in this Title 17 for the zoning district in which they are located. Notwithstanding the foregoing, when the application of a development standard related to floor area ratio, lot coverage, open-space, front setbacks, or minimum lot size would prohibit the construction of an attached or detached ADU of at least 800 square feet with fourfoot side and rear yard setbacks, such standard(s) shall be waived to the extent necessary to allow construction of such an ADU.
6. Setbacks and Spacing.
(a) Front Yard Setbacks. New attached and detached ADUs are subject to the same minimum front yard setback requirements applicable to other structures on the lot on which the ADU is located.
(b) Side and Rear Yard Setbacks. Minimum setbacks of no less than four (4) feet from the side and rear lot lines are required for new attached and detached ADUs.
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(c) Converted ADUs. No setbacks are required for converted ADUs, provided the side and rear yard setbacks of the existing converted structure are sufficient for fire and safety, as determined by the City’s building official. (d) Spacing. A minimum distance of ten feet is required between a detached ADU and the primary dwelling, and all other structures, including garages, on the property.
7. Off-street Parking.
(a) One off-street parking space must be provided for an attached or detached ADU. The required parking space may be permitted in setback areas, or through tandem parking on a driveway, unless specific findings are made by the Director that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety concerns.
(b) When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, those offstreet parking spaces are not required to be replaced. (c) Off-street parking is not required in the following instances:
i. The ADU is located within one-half mile walking distance of public transit, including transit stations and bus stations;
ii. The ADU is located within an architecturally and historically significant historic district;
iii. The ADU is part of the proposed or existing primary residence or accessory structure (i.e., a converted ADU);
iv. When on-street parking permits are required but not offered to the occupant of the ADU; and/or
v. When there is a car share vehicle station located within one block of the ADU.
8. Exterior Access. An attached or converted ADU must have independent exterior access from the proposed or existing primary dwelling.
9. Passageway. No passageway shall be required in conjunction with the construction of an ADU.
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F. JADU Requirements.
1. Footprint. A JADU may only be constructed within the walls of a proposed or existing single-family residence, including an attached garage.
2. Size. A JADU shall not exceed 500 square feet in size.
3. Separate Entrance. A JADU located within a proposed or existing single-family residence must include a separate entrance from the main entrance of the residence.
4. Kitchen Requirements. 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.
5. Bathroom Facilities. A JADU may include separate sanitation facilities or may share sanitation facilities with the proposed or existing single-family residence in which it is located. If a JADU does not include separate sanitation facilities, the JADU must include an interior entrance to the primary dwelling’s main living area.
6. Parking. No additional off-street parking is required for a JADU beyond that required at the time the existing primary dwelling was constructed. However, when an existing attached garage is converted to a JADU, any required off-street parking spaces for the primary dwelling that are eliminated as a result of the conversion shall be replaced. These replacement parking spaces may be located in any configuration on the same lot, including, but not limited to, as covered spaces, uncovered spaces, or tandem spaces.
7. Fire Protection. For purposes of any fire or life protection ordinance or regulation, a JADU shall not be considered a separate new dwelling unit.
8. Utility Service. For purposes of providing service for water, sewer, or power, including a connection fee, a JADU shall not be considered a separate or new dwelling unit.
9. Deed Restriction. Prior to the issuance of a building permit for a JADU, the owner shall record a deed restriction against the title of the property in the County Recorder's office with a copy filed with the Director. The deed restriction shall run with the land and shall bind all future owners, heirs, successors, or assigns. The form of the deed restriction shall be provided by the City and shall provide that:
(a) The property shall include no more than one JADU.
(b) The JADU may not be sold, mortgaged, transferred separately from the primary residence; this deed restriction may be enforced against future purchasers.
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(c) The owner of the property shall occupy either the primary residence or the JADU as his or her domicile. In the event owner occupancy of the property ceases, the JADU shall not be used as a separate dwelling unit, and shall not be separately rented or leased for any purpose.
(d) The JADU may be rented, but may not be rented on a short-term basis of less than 30 consecutive days.
(e) A restriction on the size and attributes of the junior accessory dwelling unit that conforms with this Section.
The deed restriction may not be modified or terminated without the prior written consent of the Director.
G. Other Requirements.
1. No Separate Conveyance. Except as otherwise provided in Government Code section 65852.26 or by other applicable law, an ADU or JADU may be rented separate from the primary residence, but may not be sold or otherwise conveyed separate from the primary residence, and a lot shall not be subdivided in any manner which would authorize such separate sale or ownership.
2. No Short-Term Rental Permitted. An ADU or JADU that is rented shall be rented for a term that is longer than thirty (30) days. Short-term rental (i.e., 30 days or less) of an ADU or a JADU is prohibited.
3. Owner Occupancy Requirements.
(a) ADUs. Owner occupancy of either the primary dwelling or ADU is not required. (b) JADUs. The property owner of the lot upon which a JADU is located must occupy either the JADU or the primary residence as his or her domicile.
H. Permit Application and Review Procedures.
1. Building Permit Required. A building permit is required prior to construction of an ADU or JADU. Except as otherwise provided in this Section or by State law, all building, fire, and related code requirements applicable to habitable dwellings apply to ADUs and JADUs. However, fire sprinklers shall not be required if they are not required for the primary dwelling.
2. Application. Prior to the issuance of a building permit for an ADU or JADU, the applicant shall submit an application on a form prepared by the City, along with all information and materials proscribed by such form. No application shall be accepted unless it is completed as prescribed and is accompanied by payment for all applicable fees.
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3. Review. The Director shall consider and approve or deny a complete application for an ADU or JADU ministerially without discretionary review or public hearing within the time prescribed by law. Review is limited to whether the proposed ADU or JADU complies with the requirements of this Section. If an applicant requests a delay, the time period for the City to review of an application shall be tolled for the period of the requested delay. If the application to create an ADU or a JADU unit is submitted with an application to create a new single-family dwelling on the lot, the Director may delay acting on the application for the ADU or the JADU until the City acts on the application to create the new single-family dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing.
4. Zoning Conformity. The City shall not require, as a condition of approval of a permit application for the creation of an ADU or JADU, the correction of nonconforming zoning conditions.
5. Demolition Permits. A demolition permit for a detached garage that is to be replaced with an ADU shall be reviewed with the application for the ADU and issued at the same time.
6. Conformity with State Law. The City shall not apply any requirement or development standard provided for in this Section to an ADU or a JADU to the extent prohibited by any provision of State law, including, but not limited to, subdivision (e)(1) of Government Code section 65852.2.
I. Utilities
1. ADUs. Unless otherwise mandated by applicable law or the utility provider or determined by the City’s Public Works Director to be necessary, an ADU may be served by the same water, sewer, and other utility connections serving the primary dwelling on the property, and the installation of a new or separate utility connection directly between an ADU and a utility is not required. However, separate utility connections and meters for ADUs may be installed at the property owner’s option, when permitted by the utility provider, and subject to the payment of all applicable fees.
2. JADUs. A JADU shall be served by the same water, sewer, and other utility connections serving the primary single-family dwelling in which it is located, and no separate utility meters shall be permitted for a JADU.
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J. Fees.
1. No impact fee is required for an ADU measuring less than 750 square feet. Any impact fees charged for an ADU of 750 square feet of more shall be charged proportionately in relation to the square footage of the primary dwelling.
2. Construction of an ADU is subject to any applicable fee adopted under the California Government Code, Title 7, Division 1, Chapter 5 (commencing with § 66000) and Chapter 7 (commencing with § 66012).
3. For purposes of this Subsection, “impact fee” does not include any planning application fee, plan check fee, or building permit fee.
SECTION 4. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 5. The City Clerk shall certify as to the adoption of this Ordinance and shall cause a summary thereof to be published within fifteen (15) days of the adoption and shall post a Certified copy of this Ordinance, including the vote for and against the same, in the Office of the City Clerk, in accordance with Government Code Section 36933.
PASSED, APPROVED, AND ADOPTED this 20th day of March, 2023. ____ __________
Tanya Doby, Mayor
ATTEST:
______________________________
Windmera Quintanar, MMC, City Clerk
APPROVED AS TO FORM:
___________________________________
Michael S. Daudt, City Attorney
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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 Ordinance was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 21st day of February, 2023, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 20th day of March, 2023, by the following roll-call vote, to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
_______________________________
Windmera Quintanar, MMC, City Clerk
City of Los Alamitos
CITY COUNCIL AGENDA REPORT
MEETING DATE: March 20, 2023 ITEM NUMBER: 10D
To: Mayor Tanya Doby & Members of the City Council
Presented By: Chet Simmons, City Manager
Subject: Adopt Ordinance No. 2023-03 - Modify Regulation and Sale of Fireworks
SUMMARY
This report proposes a change to the requirements for the regulation, use, and sale of safe and sane fireworks on the 4th of July. City Council introduced for first reading, read by title only, and waived further reading of Ordinance No. 2023-03 at its February 21, 2023, meeting.
RECOMMENDATION
Adopt Ordinance No. 2023-03, entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS, CALIFORNIA, AMENDING SECTION 5.60.110(B) OF THE LOS
ALAMITOS MUNICIPAL CODE RELATING TO THE LOCATION OF TEMPORARY FIREWORKS STANDS".
BACKGROUND
In December 2022, the City Council adopted Ordinance No. 2022-07 allowing for the regulation and sale of fireworks within the City. The ordinance specified that two permits were to be awarded to the the Los Alamtios Community Foundation (LACF).
July 4, 2023 will be the first year safe and sane fireworks are permitted in the City. Upon review of the regulations and discussion with pyrotechnic companies, the LACF has requested the City consider modifications to the ordinance.
DISCUSSION
Section 5.60.110 (B) states that "no temporary fireworks stand shall be permitted within 1,000 feet of any City park or facility." Given the size of the City, securing a location that complies with this requirement has proven problematic.
Per the request of the LACF, staff is suggesting revising Section 5.60.110 (B) to state: No temporary fireworks stand location shall be permitted without prior written approval by the Development Services Director.
This allows the City flexibility to work with the local non-profits to secure a location while ensuring public safety is maintained.
FISCAL IMPACT
None.
Attachment: 1. Ordinance No. 2023-03 - Location of Temporary Fireworks Stands
2. Ordinance No. 2022-07 - Regulation and Sale of Fireworks
ORDINANCE NO. 2023-03
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LOS ALAMITOS, CALIFORNIA, AMENDING
SECTION 5.60.110(B) OF THE LOS ALAMITOS
MUNICIPAL CODE RELATING TO THE LOCATION OF
TEMPORARY FIREWORKS STANDS
WHEREAS, the City Council adopted Ordinance No. 2022-07 on December 19, 2023 adding Chapter 5.60 (Fireworks) to Title 5 of the Los Alamitos Municipal Code to establish regulations governing the sale, use, and discharge of safe and sane fireworks within City limits; and,
WHEREAS, the City Council desires to ensure a successful program that allows for as much participation by the City’s local non-profits as possible.
THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS, CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. Section 5.60.110 of Chapter 5.60 (Fireworks) of the Los Alamitos Municipal Code is here by amended to read as follows (additions shown in underline, deletions shown in strikethrough):
5.60.110 Location of Temporary Fireworks Stands
A. No temporary fireworks stand shall be erected or maintained in such a manner so as to cause an undue hazard to itself or adjoining property or to the persons working within the stand.
B. No temporary fireworks stand shall be permitted at any location within 1,000 feet of any City park or facility. without prior written approval by the Development Services Director.
SECTION 2. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 3. The City Clerk shall certify as to the adoption of this Ordinance and shall cause a summary thereof to be published within fifteen (15) days of the adoption and shall post a Certified copy of this Ordinance, including the vote for and against the same, in the
CC ORD 2023-03
Office of the City Clerk, in accordance with Government Code Section 36933.
PASSED, APPROVED, AND ADOPTED this 20th day of March, 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 Ordinance was duly introduced and placed upon its first reading at an adjourned regular meeting of the City Council on the 21st day of February, 2023, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 20tj day of March, 2023, by the following roll-call vote, to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
_______________________________
Windmera Quintanar, MMC, City Clerk
1733418. 1
ORDINANCE NO. 2022-07
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
WHEREAS, pursuant to Health and Safety Code section 12541, the City Council is authorized to regulate the sale, use, and discharge of fireworks within City limits; and WHEREAS, State law divides fireworks into two (2) categories: “dangerous” and safe and sane” fireworks ( California Health and Safety Code sections 12500 et. seq.); and
WHEREAS, only “safe and sane” fireworks are sold in California for private use because they are considered less dangerous to individuals and pose less of a risk of causing fire and damage to property since such fireworks do not fly, explode, shoot projectiles, travel, or leave the ground, and such fireworks usually exclude very large fireworks of other dangerous devices like rockets and aerial shells; and WHEREAS, the City Council desires to establish regulations governing the sale, use, and discharge of safe and sane fireworks within City limits.
THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS, CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. Chapter 5.60 (Fireworks) is hereby added to Title 5 (Business Licenses and Regulations) of the Los Alamitos Municipal Code to read as follows:
CHAPTER 5.60 FIREWORKS
5.60.010 Temporary Fireworks Stand Permits
5.60.020 Limitation on Total Number of Permits
5.60.030 Eligible Organizations
5.60.040 Application
5.60.050 Permit Issuance
5.60.060 Safe and Sane Fireworks
5.60.070 Time Limit on Sales of Fireworks
5.60.080 Temporary Fireworks Stand Regulations
5.60.090 Complying with Application
5.60.100 Indemnity and Liability Insurance
5.60.110 Location of Temporary Fireworks Stands
5.60.120 Exits and Locking Devices
5.60.130 Fire Extinguisher
DocuSign Envelope ID: 55C6AD88- 67B3-41F2-A9BC- 1DA54A1F85B0
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1733418. 1
5.60.140 Overnight Habitation Prohibited
5.60.150 Sale, Possession and Discharge of Fireworks
5.60.160 Appeal Provisions
5.60.170 Seizure and Disposal of Fireworks
5.60.180 Administrative Penalty
5.60.190 Suspension and Revocation
5.60.010 Temporary Fireworks Stand Permits
A. Permits for temporary fireworks stands for the display and retail sales of fireworks shall be issued by the Development Services Department or his/her designee only in accordance with the provisions of this chapter.
B. The Development Services Department or his/her designee shall have the discretionary authority to grant or deny a permit, subject to reasonable conditions as may be prescribed.
C. In addition to the permit issued by the City, each qualified permittee shall obtain the permit required by the Orange County Fire Authority. Each permittee shall work with the Orange County Fire Authority to ensure safe operation of the temporary fireworks stand and to prepare and deliver educational material to customers pertaining to fire safety in the use of fireworks at any location. In addition, each permittee agrees to present such educational materials in a programmed manner to its members on an annual basis, and to the public in conjunction with sales from fireworks stands.
5.60.020 Limitation on Total Number of Permits
There shall be a maximum of two permits issued for temporary fireworks stands each year.
5.60.030 Eligible Organizations
A. All annual permits for temporary fireworks stands shall be awarded to the Los Alamitos Community Foundation (Foundation). As a condition of issuance of any permit, the Foundation is required to allow other locally based tax-exempt organizations, as described in this Section 5.60.030, to provide personnel to assist with the sale of fireworks and share in a portion of revenue generated from the fireworks stands. The management and revenue share for the temporary fireworks stands will be overseen by the Foundation.
B. The City Council finds that locally based tax-exempt organizations consistently contribute to the public health and safety of City residents by: donating time and funding to a variety of community events; assisting individuals with medical, educational, and moral support; conducting unique volunteered events contributing to the City’s historical and cultural heritage. These organizations further contribute to the City’s mission of providing cost effective public services to the community. They are also uniquely qualified to assist in educating City residents in fire safety procedures as further DocuSign Envelope ID: 55C6AD88- 67B3-41F2-A9BC- 1DA54A1F85B0
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provided herein. Accordingly, based upon these contributions, the City Council finds and determines that it is appropriate to designate such organizations located within City limits as the only organizations eligible to sell fireworks under the conditions set forth in this chapter.
C. Only federally certified non-profit tax-exempt organizations located within the City limits and primarily benefiting the Los Alamitos community are eligible to sell fireworks pursuant to this chapter.
5.60.040 Application
A. An application for a temporary fireworks stand permit shall be made in writing on forms prescribed by the Development Services Department and filed therewith not later than March 31st of the year for which the permit is requested. If March 31st falls on a weekend, official City holiday, or a day in which City Hall is closed, the application will be due on the next business day when the City is open for business.
B. Such application and permit shall only be issued to a regular member of the stated organization, and he or she shall be held responsible for compliance with all rules and regulations.
C. Permits are not transferable or assignable, shall only be valid for the dates specified in the permit, and shall be subject to all conditions set forth in the permit.
D. A completed permit application package shall include, but not be limited to:
1. Name, residence or physical business address, contact number, email address, proper identification, and signature of an authorized representative of the permit applicant;
2. Copy of the applicant’s IRS 501(c)(3) Charitable Organization Determination Letter;
3. The location of the proposed temporary fireworks stand, along with a notarized affidavit from the property owner authorizing locating the stand on such property;
4. Fireworks distributor’s (the “company”) name, address, telephone number, and point of contact;
5. A copy of the sales tax permit from the California Department of Tax and Fee Administration with the address of the fireworks stand;
6. A copy of a valid State Fire Marshal Retail Fireworks License;
7. A completed City business tax application with the organization’s Federal Tax Identification Number ( FEIN). The FEIN must match the FEIN in the IRS 501(c)(3) DocuSign Envelope ID: 55C6AD88- 67B3-41F2-A9BC- 1DA54A1F85B0
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Charitable Organization Determination Letter;
8. A legible, color copy of a Plot Plan showing the stand location and distances from buildings, structures, or other facilities that may impact the access, circulation or safety of the stand, workers and patrons;
9. Additional information as reasonably required by the City to process the application or the Orange County Fire Authority to evaluate the proposed operation of a temporary fireworks stand by the applicant;
10. A completed liability release and indemnity form pursuant to Section
50.060.100 executed by the individual(s) authorized to bind the organization applying for the permit; and
E. Incomplete or inaccurate applications will be denied.
05.60.050 Permit Issuance
The Development Services Department, or his/ her designee, shall approve or deny each application for a City permit based upon:
A. An assessment of the applicant’s proposed operations for compliance with the various provisions of this chapter;
B. If the applicant is a past permit holder, and if the applicant’s:
1. Prior compliance with the various provisions of this chapter and any conditions imposed in the prior permit; and if,
2. The applicant’s prior safety history in the operation of a temporary fireworks stand; and
C. An assessment of the proposed operation of the stand relative to the protection of the public health, safety, and welfare. Conditions may be imposed on permit issuance in order to ensure compliance with the provisions of this chapter and as determined to be appropriate to protect the public health, safety, and welfare from the potential impacts of the operation of the stand.
5.60.060 Safe and Sane Fireworks
Except as expressly permitted and pursuant to the requirements of this chapter, it shall be unlawful to possess, sell, use, display or discharge, within the City, those fireworks not bearing the seal of the State Fire Marshal and that are defined and classified as “safe and sane fireworks” as prescribed in Section 12529 of the California Health and Safety Code and relevant sections of Title 19, Code of Regulations.
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5.60.070 Time Limit on Sales of Fireworks
Retail sales of safe and sane fireworks are authorized in the City for temporary fireworks stand permit holders only on the dates and during the times in this section.
Retail sales shall be limited to that time, between the hours of 10:00 a.m. and 10:00 p.m. during the days of July 1st, July 2nd, and July 3rd, and between the hours of 10:00 a.m. and 9:00 p.m. on July 4th of that same year. All sales of fireworks shall cease at 9:00 p.m. on July 4th, until the next calendar year.
5.60.080 Temporary Fireworks Stand Regulations
All temporary fireworks stands, or the display and sale of safe and sane fireworks, shall be located, maintained, and operated subject to the provisions of this chapter.
A copy of the approved application and point of contact information including name, phone number, and email address shall be visibly posted in the stand at all times.
5.60.090 Complying with Application
Any person or organization operating any permitted temporary fireworks stand shall abide by and comply with all matters set forth in the application for such permit, all regulations relating thereto and established by ordinance, all restrictions and conditions imposed by the Development Services Department or his/her designee in granting the permit, and the regulations and conditions under the Orange County Fire Authority permit.
Failure to comply with such regulations, conditions, or ordinances is subject to penalty as provided for by law and this code, including, but not limited to, the revocation of any current permit and the denial of a future permit to the violator.
5.60.100 Indemnity and Liability Insurance
A. Indemnification. As a condition to issuance of a permit under this chapter, each permittee shall execute a liability release and indemnity form approved by the City Attorney providing that such permittee will release, indemnify, hold harmless, and defend the City of Los Alamitos, its officers, officials, agents, employees, and volunteers from and against any and all actions, claims, demands, damages, disability, losses, expenses, including reasonable attorney’s fees and other defense costs or liabilities of any nature, that may be asserted by any person or entity from any cause whatsoever arising from the activities of permittee, its subcontractors, employees, volunteers, and/or agents in connection with operation of the stand.
B. As a condition to issuance of a permit under this chapter, prior to the erection of any stand, each permittee shall procure and maintain in full force and effect during the term of the permit a policy of commercial general liability insurance acceptable to the City, which provides coverage against claims for injuries to persons or damages to property which may arise from or in connection with the operations in and about the stand and DocuSign Envelope ID: 55C6AD88- 67B3-41F2-A9BC- 1DA54A1F85B0
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premises. Such policy shall provide coverage on a per occurrence basis and be in such amount determined by the City Manager or designee to be necessary under the circumstances, which amount shall not be less than $1,000,000.00 per occurrence, and shall be endorsed to name the City, its officers, officials, agents, employees and volunteers as additional insureds and that the permittee’s insurance is primary and non - contributory as respects the City. No permit issued hereunder shall be effective until proof of the required insurance is submitted to the City. The City Manager or designee is authorized to promulgate rules or requirements regarding acceptable insurance carriers, provisions, endorsements, and/or forms acceptable to the City.
5.60.110 Location of Temporary Fireworks Stands
A. No temporary fireworks stand shall be erected or maintained in such a manner so as to cause an undue hazard to itself or adjoining property or to the persons working within the stand.
B. No temporary fireworks stand shall be permitted within 1,000 feet of any City park or facility.
5.60.120 Exits and Locking Devices
Each temporary fireworks stand erected shall have not less than two exits. Such exits shall be so placed as to provide immediate egress from either end of the stand. Exit doors shall only be locked in such a manner as to be readily openable from the interior without special knowledge, effort or tools, including keys.
5.60.130 Fire Extinguisher
There shall be maintained in each temporary fireworks stand within which fireworks are sold or offered for sale an approved Class 2A fire extinguisher. Whenever a temporary fireworks stand is being provided with electrical power from a gasoline-powered generator, an additional 10BC, dry chemical, fire extinguisher shall be installed. Fire extinguishers shall be placed and maintained in locations that are readily accessible for use, and each person who intends to assist in the operation of a temporary fireworks stand will receive instruction on their location and use.
5.60.140 Overnight Habitation Prohibited
There shall be no overnight sleeping by owners, personnel, or anyone within the temporary fireworks stand. Nighttime watch service may be permitted, provided persons shall be no closer than 50 feet from the stand.
5.60.150 Sale, Possession and Discharge of Fireworks
A. Safe and sane fireworks as defined in Section 5.60.060 of this chapter may be discharged within the City only on July 4th of each year between the hours of 10:00 a.m.
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and 10:00 p.m.
B. Unless expressly authorized in this code or under state or federal law, no person shall sell, offer for sale, purchase, possess, store, use or discharge fireworks of any kind in the City.
C. No person engaged in the business of the sale or disposition of fireworks shall sell, furnish, give, or cause to be sold, furnished or given away, any fireworks as defined in Section 5.60.060, to any person under the age of 18 years.
D. No person under the age of 18 years shall purchase any fireworks, as defined in Section 5.60.060.
E. No person under the age of 18 years shall use or discharge any fireworks within the City except when under the direct supervision and in the presence of an adult.
F. No person shall use or discharge any fireworks on any commercial, industrial, or publicly owned parcel within the City.
G. Except to the extent that safe and sane fireworks are authorized pursuant to this chapter, no person shall sell, offer for sale, purchase, possess, store, use, or discharge any fireworks in the City.
H. Except to the extent that safe and sane fireworks are authorized pursuant to this chapter, no person shall cause or allow the sale, purchase, possession, storage, use, or discharge of any fireworks on property that such person owns or controls.
I. No person shall allow the use or discharge of any safe and sane fireworks within 10 feet of any residence, dwelling, or other structure.
J. As used in this chapter, the term “ fireworks” shall include all fireworks as defined in Sections 12505 and 12511 of the California Health and Safety Code.
K. Following the discharge of any fireworks, after they have sufficiently cooled, shall be placed in the black garbage containers. The period to wait for fireworks to cool should be no sooner than the next morning; unless water is used for cooling.
L. Nothing in this chapter shall preclude the City of Los Alamitos from presenting a “ public display of fireworks,” as that term is defined in California Health and Safety Code Section 12524 or any successor provision thereto.
5.60.160 Appeal Provisions
An applicant may appeal any permit condition, denial, revocation or suspension to the City Manager within 10 days from the date of the action, by filing a notice of appeal in writing to the City Clerk. The City Manager or his/her designee will review the appeal de DocuSign Envelope ID: 55C6AD88- 67B3-41F2-A9BC- 1DA54A1F85B0
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novo, and may grant or deny the permit, reinstate the permit, and impose reasonable conditions as the City Manager or designee may determine to be appropriate. Prior to making a decision the City Manager or designee may request additional information from the applicant or City staff. The decision of the City Manager will be final.
5.60.170 Seizure and Disposal of Fireworks
The City Manager, or his/ her designee, or any appropriate law enforcement authority shall have the authority to seize, take, remove, cause to be removed, and dispose of all fireworks sold, offered for sale, purchased, possessed, used, or held in violation of this chapter or otherwise constituting a fire nuisance. Any seizure, removal, or disposal of fireworks pursuant to this section shall occur in compliance with all applicable statutory, constitutional, and decisional law. In addition to any applicable penalties, fines, or available remedies, the owner and possessor of the fireworks shall be liable to the City for the actual costs of seizure, removal, and disposal of such fireworks.
5.60.180 Administrative Penalty
Any person, firm or corporation violating the provisions of this chapter may be issued an administrative citation by an enforcement officer in accordance with the provisions of this code. The administrative fine for a violation of this chapter shall be assessed in the amount provided as follows:
Number of offences in 1-year period Amount of Administrative Penalty First $ 1,000.00
Second $ 2,000.00
Third $ 3,000.00
5.60.190 Suspension and Revocation
A. The City Manager or his/her designee, or any appropriate law enforcement authority, may immediately suspend a permit and close a temporary fireworks stand, upon determining that the operation of the stand creates an imminent or substantial danger to the public health, safety or welfare.
B. The City Manager or his/her designee may revoke any temporary fireworks stand permit when it is determined that the permittee has: (1) failed to comply with any provisions of this chapter; (2) violated any condition of its temporary fireworks stand permit; (3) operated or is operating a temporary fireworks stand in a manner which causes or threatens to cause a danger to the public health, safety or welfare.
C. Any determination to immediately suspend or revoke a permit and close a stand shall be deemed final upon issuance, and subject to immediate judicial review.
SECTION 2. If any section, subsection, subdivision, sentence, clause, phrase, or portion DocuSign Envelope ID: 55C6AD88- 67B3-41F2-A9BC- 1DA54A1F85B0
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of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 3. The City Clerk shall certify as to the adoption of this Ordinance and shall cause a summary thereof to be published within fifteen (15) days of the adoption and shall post a Certified copy of this Ordinance, including the vote for and against the same, in the Office of the City Clerk, in accordance with Government Code Section 36933.
PASSED, APPROVED, AND ADOPTED this 19th day of December, 2022.
Shelley Hasselbrink, Mayor
ATTEST:
Windmera Quintanar, MMC, City Clerk
APPROVED AS TO FORM:
Michael S. Daudt, City Attorney
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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 Ordinance was duly introduced and placed upon its first reading at an adjourned regular meeting of the City Council on the 14th day of November, 2022 and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 19th day of December, 2022, by the following roll-call vote, to wit:
AYES: COUNCIL MEMBERS: Chirco, Doby, Hasselbrink, Nefulda NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Murphy
ABSTAIN: COUNCIL MEMBERS: None
Windmera Quintanar, MMC, City Clerk
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City of Los Alamitos
CITY COUNCIL AGENDA REPORT
MEETING DATE: March 20, 2023 ITEM NUMBER: 10E
To: Mayor Tanya Doby & Members of the City Council
Presented By: Craig Koehler, Director of Finance
Subject: Annual Comprehensive Financial Report
SUMMARY
For City Council consideration is the receipt of the fiscal year 2021-2022 audit reports.
RECOMMENDATION
Receive and file the annual audit reports for fiscal year 2021-2022, including the Annual Comprehensive Financial Report (ACFR) and Report on Applying Agreed-Upon Procedures Appropriations Limit Worksheets (GANN AUP).
BACKGROUND
Each year an independent audit of the City is conducted in conformity with generally accepted auditing standards (GAAS). Those standards require that an independent Certified Public Accountant plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. The auditor also expresses an opinion on the fairness of the presentation of the financial position and the results of operations of the government's basic financial statements in conformity with generally accepted accounting principles (GAAP).
DISCUSSION
The Government Finance Officers Association (GFOA) awarded a Certificate of Achievement for Excellence in Financial Reporting to the City for its comprehensive annual financial report (CAFR) for the fiscal years ended June 30, 2021, 2020, and 2019 . The Certificate of Achievement is the highest form of recognition in the area of governmental accounting and financial reporting.
The award is valid for a period of one year only. Staff believes the current fiscal year 2021- 2022 ACFR continues to meet the award program’s requirements and will be submitted again to the GFOA. If the City receives the award for fiscal year 202021-2022, this would mark eight consecutive years since 2015.
In October 2021, the GFOA issued Statement No. 98, Annual Comprehensive Annual Report, officially changing the name and acronym from CAFR to ACFR (Annual Comprehensive Financial Report). The name has been changed to reflect currently approved terminology.
The ACFR reflects a Net Position for FY2021-22 (difference between revenues and expenditures) was $4.2
million. This exceeds the budgeted surplus of $963K, with $2.2 million higher in revenues received for sales tax and $960K overall lower department expenditures. The City’s General Fund balance on June 30, 2022, was $16.8 million. This includes assigned set asides of $4.2 million, $3.6 million for PERS and $500K for OPEB funding.
The award criteria and components of the ACFR include an introductory section (unaudited), a financial section (government - wide, fund, and proprietary fund financial statements), required supplementary information (unaudited), information on the nonmajor government and internal service funds, and a statistical section (unaudited).
In addition to the ACFR, the City will also need to issue a Single Audit Compliance Report for FY2021-22. The Single Audit is required when expenditures of federal funds exceed $750,000 for the fiscal year. The expenditures that qualify were related to ARPA funds and were issued in response to the Los Al Bucks program participation, and qualifying CDBG capital project expenditures.
Also included with the ACFR is the auditor’s GANN Report on Applying Agreed-Upon Procedures Appropriations Limit Worksheets (GANN AUP).
FISCAL IMPACT
None.
Attachment: 1. Los Alamitos Annual Comprehensive Financial Report (2022)
2. Independent Accountants’ Report on Applying Agreed-Upon Procedures Appropriations Limit Worksheets
Annual Comprehensive Financial Report (ACFR)
FISCAL YEAR ENDED June 30, 2022
City of Los Alamitos
Los Alamitos, California
Annual Comprehensive Financial Report
For the Fiscal Year Ended June 30, 2022
Prepared by the
Finance Department of Los Alamitos
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City of Los Alamitos
Annual Comprehensive Financial Report
For the Year Ended June 30, 2022
Table of Contents
Page
INTRODUCTORY SECTION (UNAUDITED)
Letter of Transmittal .................................................................................................................................................. i Organizational Chart ................................................................................................................................................. v Principal Officials of the City of Los Alamitos ....................................................................................................... vi Certificate of Achievement for Excellence in Financial Reporting – Government Finance Officers Association ....................................................................................................... vii
FINANCIAL SECTION
Independent Auditors’ Report on Financial Statements ............................................................................................ 1 Management’s Discussion and Analysis ....................................................................................................................... 5 Basic Financial Statements:
Government – Wide Financial Statements:
Statement of Net Position .................................................................................................................................. 15 Statement of Activities ...................................................................................................................................... 17 Fund Financial Statements:
Governmental Fund Financial Statements:
Balance Sheet .............................................................................................................................................. 21 Reconciliation of the Governmental Funds Balance Sheet
to the Government–Wide Statement of Net Position ........................................................................... 22 Statement of Revenues, Expenditures,
and Changes in Fund Balances ............................................................................................................. 23 Reconciliation of the Governmental Funds Statement of Revenues, Expenditures, and Changes in Fund Balances to the Government–Wide Statement of Activities ......................................................................................................................... 24 Proprietary Fund Financial Statements:
Statement of Net Position ........................................................................................................................... 27 Statement of Revenues, Expenses, and Changes in Net Position ............................................................... 28 Statement of Cash Flows ............................................................................................................................ 29 Notes to the Basic Financial Statements............................................................................................................... 31
City of Los Alamitos
Annual Comprehensive Financial Report
For the Year Ended June 30, 2022
Table of Contents
Page
FINANCIAL SECTION (Continued)
Required Supplementary Information (Unaudited):
Budgetary Comparison Schedule – General Fund .......................................................................................................... 64 Notes to the Budgetary Comparison Schedule ............................................................................................................... 65 Schedule of the City's Proportionate Share of the Net Pension Liability and Related Ratios - Miscellaneous .............. 66 Schedule of the City's Proportionate Share of the Net Pension Liability and Related Ratios - Safety ........................... 67 Schedule of City’s Contributions - Pension .................................................................................................................... 68 Schedule of Changes in Net OPEB Liability and Related Ratios ................................................................................... 69 Supplementary Information:
Nonmajor Governmental Funds:
Combining Balance Sheet ................................................................................................................................. 71 Combining Statement of Revenues, Expenditures, and Changes in Fund Balances ......................................... 75 Schedule of Revenues, Expenditures, and Changes in Fund Balances – Budget and Actual Nonmajor Special Revenue Funds:
Community Development Block Grant ................................................................................................ 79 Measure M ............................................................................................................................................ 80 Los Alamitos Television....................................................................................................................... 81 Office of Traffic Safety ........................................................................................................................ 82 Asset Seizure ........................................................................................................................................ 83 Public Safety Augmentation ................................................................................................................. 84 State Law Enforcement Service ........................................................................................................... 85 Air Quality ............................................................................................................................................ 86 State Gas Tax ........................................................................................................................................ 87 Nonmajor Capital Project Funds:
Park Development ................................................................................................................................ 88 Building Improvement ......................................................................................................................... 89 Residential Streets/Alleys ..................................................................................................................... 90 Traffic Improvement Fund ................................................................................................................... 91 Nonmajor Debt Service Fund:
Debt Service ......................................................................................................................................... 92 Internal Service Funds:
Combining Statement of Net Position ............................................................................................................... 93 Combining Statement of Revenues, Expenses, and Changes in Net Position ................................................... 95 Combining Statement of Cash Flows ................................................................................................................ 97
City of Los Alamitos
Annual Comprehensive Financial Report
For the Year Ended June 30, 2022
Table of Contents
Page
STATISTICAL SECTION (Unaudited)
Net Position by Component Last Ten Fiscal Years ..................................................................................................... 101 Changes in Net Position Last Ten Fiscal Years ........................................................................................................... 102 Fund Balances of Governmental Funds Last Ten Fiscal Years .................................................................................... 104 Changes in Fund Balances of Governmental Funds Last Ten Fiscal Years ................................................................. 106 2021/22 Use Category Summary-Basic Property Value Table Last Ten Fiscal Years ................................................ 108 Assessed Value and Estimated Actual Value of Taxable Property Last Ten Fiscal Years .......................................... 110 Direct and Overlapping Property Tax Rates Last Ten Fiscal Years ............................................................................. 111 Principal Property Taxpayers Current Year and Ten Years Ago ................................................................................. 113 Property Tax Levies and Collections Last Ten Fiscal Years ........................................................................................ 114 Ratio of Outstanding Debt by Type Last Ten Fiscal Years .......................................................................................... 115 Direct and Overlapping Governmental Activity Debt .................................................................................................. 116 Legal Debt Margin Information ................................................................................................................................... 117 Demographic and Economic Statistics ......................................................................................................................... 118 Full-Time Equivalent City Government Employees by Function/Program Last Ten Fiscal Years ............................. 119 Operating Indicators by Function/Program Last Ten Fiscal Years .............................................................................. 120 Capital Asset Statistics by Function/Program Last Ten Fiscal Years .......................................................................... 122 Top 10 Businesses for Fiscal Yest 2021-22 ................................................................................................................. 123 Principal Employers ..................................................................................................................................................... 124
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CITY OF LOS ALAMITOS
vi
DIRECTORY OF OFFICIALS (as of June 30, 2022)
CITY COUNCIL
Shelley Hasselbrink, Mayor
Tonya Doby, Mayor Pro Tem
Ron Bates, Council Member
Mark A. Chirco, Council Member
Jordan Nefulda, Council Member
APPOINTED OFFICIALS
Chet Simmons, City Manager
Michael S. Daudt, City Attorney
Windmera Quintanar, City Clerk
EXECUTIVE MANAGEMENT
Chris Kelly, City Engineer
Chelsi Wilson, Administrative Services Manager
Craig Koehler, Finance Director
Emeline Noda, Recreation and Community Services Director Ron Noda, Development Services Director
Michael Clayborn, Chief of Police
vii
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1 To the Honorable Mayor and Members of the City Council of the City of Los Alamitos
Los Alamitos, California
Independent Auditors’ Report
Opinions
We have audited the accompanying financial statements of the governmental activities, each major fund, and the aggregate remaining fund information of the City of Los Alamitos, California, as of and for the year ended June 30, 2022, and the related notes to the financial statements, which collectively comprise the City of Los Alamitos, California’s basic financial statements as listed in the table of contents.
In our opinion, the financial statements referred to above present fairly, in all material respects, the respective financial position of the governmental activities, each major fund, and the aggregate remaining fund information of the City of Los Alamitos, California, as of June 30, 2022, and the respective changes in financial position for the year then ended in accordance with accounting principles generally accepted in the United States of America.
Basis for Opinions
We conducted our audit in accordance with auditing standards generally accepted in the United States of America Our responsibilities under those standards are further described in the Auditor’s Responsibilities for the Audit of the Financial Statements section of our report. We are required to be independent of the City of Los Alamitos, California, and to meet our other ethical responsibilities, in accordance with the relevant ethical requirements relating to our audit.
We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinions.
Emphasis of Matter
As described in Note 1 to the basic financial statements, the City adopted the provisions of Governmental Accounting Standards Board Statement No. 87, Leases. Our opinion is not modified with respect to this matter.
Responsibilities of Management for the Financial Statements Management is responsible for the preparation and fair presentation of the financial statements in accordance with accounting principles generally accepted in the United States of America, and for the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error.
In preparing the financial statements, management is required to evaluate whether there are conditions or events, considered in the aggregate, that raise substantial doubt about the City of Los Alamitos, California’s ability to continue as a going concern for twelve months beyond the financial statement date, including any currently known information that may raise substantial doubt shortly thereafter.
Auditor’s Responsibilities for the Audit of the Financial Statements Our objectives are to obtain reasonable assurance about whether the financial statements as a whole are free from material misstatement, whether due to fraud or error, and to issue an auditor’s report that includes our opinions.
Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with generally accepted auditing standards will always detect a material misstatement when it exists. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control. Misstatements are considered material if there is a substantial likelihood that, individually or in the aggregate, they would influence the judgment made by a reasonable user based on the financial statements. 438 Old Newport Blvd – Newport Beach, CA 92663
Phone (949) 346-2900 –www.gruberlopezinc.com
To the Honorable Mayor and Members of the City Council
of the City of Los Alamitos
Los Alamitos, California
2 In performing an audit in accordance with generally accepted auditing standards, we:
Exercise professional judgment and maintain professional skepticism throughout the audit. Identify and assess the risks of material misstatement of the financial statements, whether due to fraud or error, and design and perform audit procedures responsive to those risks. Such procedures include examining, on a test basis, evidence regarding the amounts and disclosures in the financial statements. Obtain an understanding of internal control relevant to the audit in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the City of Los Alamitos, California’s internal control. Accordingly, no such opinion is expressed. Evaluate the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluate the overall presentation of the financial statements. Conclude whether, in our judgment, there are conditions or events, considered in the aggregate, that raise substantial doubt about the City of Los Alamitos, California’s ability to continue as a going concern for a reasonable period of time.
We are required to communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit, significant audit findings, and certain internal control-related matters that we identified during the audit.
Required Supplementary Information
Accounting principles generally accepted in the United States of America require that the management’s discussion and analysis, the schedule of proportionate share of the net pension liability and related ratios, schedule of plan contributions – defined benefit pension plan, schedule of changes in the net OPEB liability and related ratios, schedule of plan contributions – OPEB plan, and budgetary comparison information be presented to supplement the basic financial statements. Such information is the responsibility of management and, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board, who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. We have applied certain limited procedures to the required supplementary information in accordance with auditing standards generally accepted in the United States of America, which consisted of inquiries of management about the methods of preparing the information and comparing the information for consistency with management’s responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We do not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance.
Supplementary Information
Our audit was conducted for the purpose of forming opinions on the financial statements that collectively comprise the City of Los Alamitos, California’s basic financial statements. The combining and individual nonmajor fund financial statements , budgetary schedules, and financial data schedules are presented for purposes of additional analysis and are not a required part of the basic financial statements. Such information is the responsibility of management and was derived from and relates directly to the underlying accounting and other records used to prepare the basic financial statements. The information has been subjected to the auditing procedures applied in the audit of the basic financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the basic financial statements or to the basic financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America. In our opinion, the combining and individual nonmajor fund financial statements, budgetary schedules, and financial data schedules are fairly stated, in all material respects, in relation to the basic financial statements as a whole.
To the Honorable Mayor and Members of the City Council
of the City of Los Alamitos
Los Alamitos, California
3 Other Information
Management is responsible for the other information included in the annual report. The other information comprises the introductory and statistical sections but does not include the basic financial statements and our auditor’s report thereon. Our opinions on the basic financial statements do not cover the other information, and we do not express an opinion or any form of assurance thereon.
In connection with our audit of the basic financial statements, our responsibility is to read the other information and consider whether a material inconsistency exists between the other information and the basic financial statements, or the other information otherwise appears to be materially misstated. If, based on the work performed, we conclude that an uncorrected material misstatement of the other information exists, we are required to describe it in our report.
Other Reporting Required by Government Auditing Standards In accordance with Government Auditing Standards, we have also issued our report dated February 6, 2023, on our consideration of the City of Los Alamitos, California’s internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters. The purpose of that report is solely to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the City of Los Alamitos, California’s internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the City of Los Alamitos, California’s internal control over financial reporting and compliance.
Newport Beach, California
February 6, 2023
Gruber and Lopez, Inc.
Gruber and Lopez, Inc.
4 This page intentionally left blank.
5 MANAGEMENT'S DISCUSSION AND ANALYSIS
The management of the City of Los Alamitos ("City") offers readers of the City's financial statements this narrative overview and analysis of the City's financial activities for the fiscal year ended June 30, 2022. We encourage readers to consider the information presented here in conjunction with additional information that is provided in our letter of transmittal.
The presentation of the City's financial data in this analysis and statements will differ from the City's budget, in that the analysis and statements are required to follow Governmental Accounting Standards Board Statement Number 34 and other Statements to allocate costs associated with capital related items, long-term debt transactions, accrued interest, compensated absences internal service fund activity, and depreciation to the various functions of the City; whereas the City's budget is an operational financial plan for the upcoming fiscal year.
OVERVIEW OF THE FINANCIAL STATEMENTS
This discussion and analysis provides an introduction to the City's basic financial statements. The City's basic financial statements are comprised of three components:
1) government-wide financial statements, 2) fund financial statements, and 3) notes to the financial statements.
Government-wide financial statements. The government-wide financial statements are designed to provide readers with a broad overview of the City's finances, in a manner similar to a private-sector business.
The statement of net position presents information on all of the City's assets and deferred outflows, and liabilities and deferred inflows, with the difference between being reported as net position. Over time, increases or decreases in net position may serve as a useful indicator of whether the financial position of the City is improving or deteriorating.
The statement of activities presents information showing how the City's net position changed during the most recent fiscal year. All changes in net position is reported as soon as the underlying event giving rise to the change occurs, regardless of the timing of related cash flows. Thus, revenues and expenses are reported in this statement for some items that will only result in cash flows in future fiscal periods (e.g., uncollected taxes and earned but unused vacation leave).
The government-wide financial statements distinguish functions of the City that are principally supported by taxes and intergovernmental revenues (government activities) from other functions that are intended to recover all or a significant portion of their costs through user fees and charges (business-type activities). The governmental activities of the City include general government, public safety, community development, recreation and community services, and public works. The City has no business-type activities.
The Governmental Activities are presented on the accrual basis of accounting, a basis of accounting that differs from the modified accrual basis of accounting used in presenting governmental fund financial statements. Note 1 of the Notes to the Basic Financial Statements fully describe these bases of accounting.
Fund financial statements. A fund is a grouping of related accounts that is used to maintain control over resources that have been segregated for specific activities or objectives. The City, like other local governments, uses fund accounting to ensure and
6 demonstrate compliance with finance-related legal requirements. All of the funds of the City can be divided into two categories: governmental funds and proprietary funds.
Governmental funds. Governmental funds are used to account for essentially the same functions reported as governmental activities in the government-wide financial statements.
However, unlike the government-wide financial statements, governmental fund financial statements focus on near-term and outflows of spendable resources, as well as on balances of spendable resources available at the end of the fiscal year. Such information may be useful in evaluating a government's near-term financing requirements.
Because the focus of governmental funds is narrower than that of the government-wide financial statements, it is useful to compare the information presented for governmental funds with similar information presented for governmental activities in the government-wide financial statements. By doing so, readers may better understand the long-term impact of the government's near-term financing decisions. Both the governmental fund balance sheet and the governmental fund statement of revenues, expenditures, and changes in fund balances provide a reconciliation to facilitate this comparison between governmental funds and governmental activities.
The City maintains sixteen individual governmental funds. Information is presented separately in the governmental fund balance sheet and in the governmental fund statement of revenues, expenditures, and changes in fund balances for the General Fund and the Traffic Improvement Fund, which are considered to be major funds. Data from the other fourteen governmental funds are combined into a single, aggregated presentation.
Individual fund data for each of these non-major governmental funds are provided in the form of combining statements elsewhere in this report.
The City adopts an annual appropriated budget for its General Fund. A budgetary comparison statement has been provided for the General Fund to demonstrate compliance with this budget.
Proprietary funds. Proprietary funds are used to account for activities where the City needs to show the full costs of providing the services, including depreciation. The City maintains five internal service funds.
The City uses internal service funds to account for its self-insured insurance programs, fleet of vehicles, equipment, technology upgrades and replacements and other capital related activities. Because these services benefit governmental functions, they have been included within governmental activities in the government-wide financial statements. Internal service funds are presented as proprietary funds because internal service funds follow the accrual basis of accounting.
Notes to the financial statements. The notes provide additional information that is essential to a full understanding of the data provided in the government-wide and fund financial statements.
Combining statements. The combining statements referred to earlier in connection with non-major governmental funds are presented immediately following the notes.
7 Government-wide Financial Analysis
Tables 1 and 2 focus on the net position and changes in net position of the City's governmental activities.
The City’s assets and deferred outflows exceeded liabilities and deferred inflows by $13,701,004 as of June 30, 2022, an increase of $5,532,920 from June 30, 2021.
The largest portion of the City's net position reflects its investment in capital assets (i.e., land, buildings, machinery, equipment and infrastructure), net of any related debt that is still outstanding used to acquire those assets. The City uses these capital assets to provide services to citizens; consequently, these assets are not available for future spending.
Unrestricted net position had a deficit balance of $4.759 million as of June 30, 2022, which relates to the City's net pension liability and OPEB liability. The City has set-aside $3.62 million for its unfunded pension liability and $500,000 for its OPEB liability. However, since these funds are not held in an irrevocable trust the net pension liability has not been reduced to account for these funds that have been set-aside.
TABLE 1
Net Position
Governmental Activities - June 30,
2021 2022
Current and other assets 19,033,063 $ 23,872,535 $
Capital assets 18,966,258 19,871,393
Total assets 37,999,321 43,743,928
Deferred outflows of resources 6,862,828 11,377,136
Current liabilities 1,651,802 3,002,887
Noncurrent liabilities:
Long-term debt 3,799,410 3,767,244
Net OPEB liability 6,694,357 6,356,967
Net pension liability 22,139,759 14,540,568
Total liabilities 34,285,328 24,664,779
Deferred inflows of resources 2,408,655 13,752,394
Net position:
Net investment in capital assets 15,623,413 16,607,237
Restricted 2,152,916 1,852,612
Unrestricted (9,608,245) (4,758,845)
Total net position 8,168,084 $ 13,701,004 $
8 A condensed summary of activities for the period ended June 30, 2022 and the prior fiscal year is illustrated in Table 2 below.
TABLE 2
Changes in Net Position
Governmental Activities - June 30,
2021 2022
Revenues
Program revenues:
Charges for services 2,272,437 $ 1,036,292 $
Operating contributions and grants 1,872,432 676,663
Capital contributions and grants 241,536 308,236
General revenues:
Taxes:
Property taxes 4,454,779 4,731,563
Utility users tax 1,834,203 2,122,966
Sales taxes 4,854,583 9,670,952
Franchise taxes 725,261 10,170,638
Business licenses 885,569 728,490
Other taxes 548,278 639,883
Investment income 77,885 (665,298)
Other 752,389 83,209
Total revenues 18,519,352 29,503,594
Expenses
General government 3,493,213 2,547,885
Public safety 7,134,874 6,382,127
Community development 956,687 1,343,945
Recreation and community services 1,471,231 2,043,092
Public works 2,907,145 3,225,592
Interest on long-term debt 330,585 138,286
Total expenditures 16,293,735 15,680,927
Change in net position 2,225,535 6,548,846
Net position, beginning, as restated 5,942,549 7,152,158 Net position, ending 8,168,084 $ 13,701,004 $
9 Governmental Activities. Governmental activities increased the City's net position by $5,532,920 compared to a net increase of $2,225,535 in the prior year. Key elements of this year's activity in relation to the prior year are as follows:
Revenues
While variances between years exist for the various revenue categories, the total net increase was $10,984,242, which is largely attributable to the $4,816,369 increase in sales tax. This was attributable to the passage of Measure Y 1.5%, Local Sales Tax.
Expenses:
Although variances between years exist for the various expense functions, the total net decrease was $612,808. Decreased expenditures were recognized in Public Safety, and interest and fiscal charges. Table 3 below presents the cost of each of the City's six largest programs-general government, public safety, community development, recreation and community services, public works, and interest and fiscal charges as well as their respective program revenues.
Table 3 below represents the cost of each of the City’s six largest programs – general government, public safety, community development, recreation and community services, public works, and interest and fiscal charges, as well as their respective program revenues.
TABLE 3
Expenses and Program Revenues
See the Statement of Activities for further detail on program revenues and general revenues.
10 FINANCIAL ANALYSIS OF THE CITY'S MAJOR FUNDS
The City uses fund accounting to ensure and demonstrate compliance with finance-related legal requirements.
Governmental funds. The focus of the City's governmental funds is to provide information on near-term inflows, outflows, and balances of spendable resources. Such information is useful in assessing the City's financing requirements. In particular, unassigned fund balance may serve as a useful measure of a government's net resources available for spending at the end of the fiscal year.
As of the end of the current fiscal year, the City's governmental funds reported combined ending fund balance of $19,255,631, an increase of 3,388,299 (21%) from the prior fiscal year's balance. Of this amount, $243,462 or 1% of fund balance is constrained by the City's intent to utilize fund balance for specific purposes, which is reported within the fund balance classification assigned. Additionally, $2,353,211 or 12% of fund balance is restricted, which represents the portion of fund balance that is subject to externally enforceable limitations by law, enabling legislation or limitations imposed by creditors or grantors.
The fund balance of the City's General Fund increased by $4,442,701 during the fiscal year compared to a $3,334,055 increase in the prior year. The increase in the current year is primarily attributable to the increase in sales tax revenue.
The Traffic Improvement Capital Project Fund increased by $217,981 during the fiscal year compared to a $216,373 increase in the prior year. This is primarily due to increased revenue from building permit fees.
Other governmental funds realized an increase in fund balance of $390,774 While variances between years exist for the various nonmajor governmental funds, the net increase was primarily attributable to an increase in funding for Measure M and State Gas Tax, in other restricted amounts.
General Fund Budgetary Highlights
Actual revenues were $2,255,980 more than the final budgeted amount, which is primarily due to increased property and sales tax and intergovernmental charges. The expenditures for the General Fund at fiscal year-end were $960,528 less than the final budgeted expenditures, which is primarily due to a decrease in public safety resulting from vacant positions.
No budget amendments were made during the fiscal year.
CAPITAL ASSETS AND DEBT ADMINISTRATION
Capital Assets. At the end of Fiscal Year 2021-22, the City had $19.9 million invested in capital assets, including land, buildings, infrastructure, and equipment. This amount represents a net increase of $905,135, which is primarily due to increases in vehicles, infrastructure, and construction in progress.
11 More detail on the City’s capital assets can be found in Note 5 to the financial statements of this report.
Long-term liabilities. At the end of fiscal year 2021-22, the City had $4.1 million in longterm liabilities which includes outstanding bond indebtedness of $3.35 million along with a capital lease, claims payable and compensated absences. The net increase of $80,006 over the prior year is primarily due to a net increase in compensated absences.
More detail on the City’s long-term debt can be found in Notes, 6, 7 and 12 to the financial statements of this report.
TABLE 4
City of Los Alamitos Capital Assets Net of Depreciation Governmental Activities
2021 2022
Land 5,917,715 $ 5,917,715 $
Buildings and Improvements 758,692 716,299
Equipment 254,610 321,731
Vehicles 117,529 287,014
Infrastructure 11,292,992 11,510,215
Construction in progress 624,720 1,118,419
Totals 18,966,258 $ 19,871,393 $
TABLE 5
City of Los Alamitos Long-Term Liabilities
Governmental Activities
2021 2022
2015 Certificates of participation 3,342,845 $ 3,350,121 $ Capital lease - police vehicles 68,008 62,238
Claims payable 150,663 222,973
Compensated absences 481,842 488,032
Total liabilities 4,043,358 $ 4,123,364 $
12 ECONOMIC FACTORS AND NEXT YEAR'S BUDGET
The economy will face challenges in the coming year. Inflation will be a major factor, reflecting imbalances with supply and demand related to the pandemic. The U.S. Treasury will be countering the growth with planned rate hikes. Other factors include supply chain shortages, and global unrest, that will result in hardships and unknown implications on the U.S. economy. According to HdL, the City Sales Tax Consultant, a slowdown is predicted in the later part of 2022 and into to 2023. As such, the budget was prepared using a conservative approach.
On June 13, 2022, the 2021-22 City Budget was adopted. The annual operating budget is balanced, with operating revenues of $21,348,825 and operating expenditures of $20,367,325, resulting in an estimated surplus of $981,500.
Following the adoption of the FY2020-21 budget, the City Council and the residents of Los Alamitos took action. After the City Council unanimously voted to place a revenue measure on the ballot, residents voted to enact a 1.5% sales tax that would be dedicated to ensuring essential services and Los Alamitos residents’ quality of life. This new revenue source will allow for the city to continue to provide the needed services to the community, while addressing infrastructure deficiencies.
CONTACTING THE CITY'S FINANCIAL MANAGEMENT
This financial report is designed to provide the City of Los Alamitos citizens, taxpayers, customers, investors, and creditors with a general overview of the City's finances and to illustrate the City's accountability for the money it receives. If you have questions about this report or need additional financial information, contact the City's Finance Department at the City of Los Alamitos, 3191 Katella Avenue, Los Alamitos, California, 90720, (562) 431- 3538.
13 BASIC FINANCIAL STATEMENTS
14 GOVERNMENT-WIDE
FINANCIAL STATEMENTS
Governmental
Activities
ASSETS
Current assets:
Cash and investments (Note 3) 21,302,076 $
Receivables
Accounts 728,406
Due from employees 1,531
Due from other governments 1,837,614
Prepaid costs 2,659
Cash and investments - restricted (Note 3) 249
Total current assets 23,872,535
Noncurrent assets:
Capital assets: (Note 5)
Non-depreciable 7,099,135
Depreciable, net 12,772,258
Total capital assets 19,871,393
Total noncurrent assets 19,871,393
Total assets 43,743,928
DEFERRED OUTFLOWS OF RESOURCES
Deferred charge on refunding 85,965
Pension deferrals (Note 9) 8,980,782
OPEB deferrals (Note 10) 2,310,389
Total deferred outflows of resources 11,377,136
CITY OF LOS ALAMITOS
Statement of Net Position
June 30, 2022
See accompanying notes to the basic financial statements. 15
Governmental
Activities
LIABILITIES
Current liabilities:
Accounts payable 910,958
Accrued liabilities 335,009
Accrued interest 32,109
Unearned revenue 1,305,392
Deposits payable 63,299
Compensated absences, due within one year (Note 6) 181,844 Bonds payable, due within one year (Note 7) 89,434
Capital leases, due within one year (Note 7) 12,967
Claims payable, due within one year (Note 12) 71,875
Total current liabilities 3,002,887
Noncurrent liabilities:
Compensated absences (Note 6) 306,188
Bonds payable (Note 7) 3,260,687
Capital leases (Note 7) 49,271
Claims payable (Note 12) 151,098
Other post-employment benefits liability (Note 10) 6,356,967 Net pension liability (Note 9) 14,540,568
Total noncurrent liabilities 24,664,779
Total liabilities 27,667,666
DEFERRED INFLOWS OF RESOURCES
Pension deferrals (Note 9) 12,212,746
OPEB deferrals (Note 10) 1,539,648
Total deferred inflows of resources 13,752,394
NET POSITION
Net investment in capital assets 16,607,237
Restricted for:
Cable television 73,947
Transportation 598,590
Public safety 323,343
Air quality 123,361
Parks 733,371
Total restricted 1,852,612
Unrestricted (Deficit) (4,758,845)
Total net position $ 13,701,004
CITY OF LOS ALAMITOS
Statement of Net Position (Continued)
June 30, 2022
See accompanying notes to the basic financial statements. 16
Operating Capital Total
Charges for Grants and Grants and Program
Expenses Services Contributions Contributions Revenue
Governmental activities:
General government 2,547,884 $ 1,034,978 $ 1,314 $ -$ 1,036,292 $ Public safety 6,382,127 410,622 430,502 - 841,124
Community development 1,343,945 2,512 4,667 - 7,179
Recreation and community
services 2,043,092 892,015 - - 892,015
Public works 3,225,592 240,180 156 308,236 548,572
Interest and fiscal charges 138,286 - - - -
Total governmental activities 15,680,926 $ 2,340,283 $ 676,663 $ 308,236 $ 3,325,182 $
CITY OF LOS ALAMITOS
Statement of Activities
For the Year Ended June 30, 2022
Functions/Programs
Program Revenues
See accompanying notes to the basic financial statements. 17
Net (expense)
Revenue and
Changes in
Net Position
Governmental activities:
General government $ (1,511,592)
Public safety (5,541,003)
Community development (1,336,766)
Recreation and community
services (1,151,077)
Public works (2,677,020)
Interest and fiscal charges (138,286)
Total governmental activities (12,355,744)
General revenues:
Taxes:
Property taxes, levied for general purpose 4,731,563
Utility users tax 2,122,966
Transient occupancy tax 522,187
Sales taxes 9,670,952
Franchise fees 1,070,638
Business license taxes 728,490
Other taxes 639,883
Total taxes 19,486,679
Investment earnings (665,298)
Other 83,209
Total general revenues 18,904,590
Change in net position 6,548,846
Net position - beginning of year (as restated Note 15) 7,152,158 Net position - end of year 13,701,004 $
Functions/Programs
CITY OF LOS ALAMITOS
Statement of Activities (Continued)
For the Year Ended June 30, 2022
See accompanying notes to the basic financial statements. 18
19 FUND FINANCIAL STATEMENTS
Governmental Fund Financial Statements
Proprietary Fund Financial Statements
20 GOVERNMENTAL FUND
FINANCIAL STATEMENTS
The Governmental Funds of the City are outlined below:
General Fund - The General Fund accounts for all revenues and expenditures used to finance the traditional services associated with a municipal government which are not accounted for in the other funds. In Hermosa Beach, these services include general government, safety, community development, culture and recreation and public works.
Nonmajor Governmental Funds - Nonmajor Governmental Funds is the aggregate of all the nonmajor governmental funds.
Nonmajor Total
Governmental Governmental
General Funds Funds
Cash and investments (Note 3) $ 16,387,360 $ 2,805,469 $ 19,192,829 Receivables:
Accounts 710,628 5,676 716,304
Due from employees 1,531 - 1,531
Due from other governments 1,769,808 67,806 1,837,614
Prepaid costs 2,659 - 2,659
Cash and investments - restricted (Note 3) 249 - 249
Total assets $ 18,871,986 2,879,200 $ 21,751,186 $
Liabilities:
Accounts payable 543,286 $ 247,255 $ 790,541 $
Accrued liabilities 335,009 - 335,009
Unearned revenues 1,168,613 136,779 1,305,392
Deposits payable 50,743 12,556 63,299
Total liabilities 2,097,651 396,590 2,494,241
Deferred Inflows of Resources:
Unavailable revenue 1,314 - 1,314
Total deferred inflows of resources - 1,314 1,314
Fund Balances: (Note 14)
Nonspendable 4,190 - 4,190
Restricted - 2,353,211 2,353,211
Committed 2,620 119 2,739
Assigned 4,195,979 243,462 4,439,441
Unassigned (Deficit) 12,570,232 (114,182) 12,456,050
Total fund balances 16,773,021 2,482,610 19,255,631
Total liabilities, deferred inflows of
resources and fund balances $ 18,871,986 2,879,200 $ 21,751,186 $
CITY OF LOS ALAMITOS
ASSETS
,
OF RESOURCES, AND FUND
BALANCES
Governmental Funds
June 30, 2022
Balance Sheet
See accompanying notes to the basic financial statements. 21
Total Fund Balances - Total Governmental Funds $ 19,255,631 Nondepreciable 7,099,134
Depreciable, net of Internal Service Fund of $719,045 12,053,214 Total capital assets 19,152,348
Total Internal Service Funds 2,433,487
Bonds payable (3,245,000)
Interest payable, net of Internal Service Fund of $1,279 (30,830) Unamortized bond premium (105,121)
85,965
(3,783,018) (488,032)
1,314
Pension related deferred outflows of resources 8,980,782 Pension related deferred inflows of resources (12,212,746) (14,540,568)
OPEB related deferred outflows of resources 2,310,389
OPEB related deferred inflows of resources (1,539,648)
(6,356,967)
Net position of governmental activities $ 13,701,004
CITY OF LOS ALAMITOS
Reconciliation of the Governmental Funds Balance Sheet
to the Government-Wide Statement of Net Position
June 30, 2022
Amounts reported for governmental activities in the Statement of Net Position were reported differently because:
Deferred amounts relates to pension not available for current expenditures and are not reported in the governmental fund financial statements:
Net pension liability is not due and payable in the current period and therefore is not reported in the governmental funds.
Deferred amounts relates to other postemployment benefits not available for current expenditures and are not reported in the governmental fund financial statements:
Net OPEB liability is not due and payable in the current period and therefore is not reported in the governmental funds.
Capital assets used in governmental activities were not current financial resources.
Therefore, they were not reported in the Governmental Funds Balance Sheet.
Internal Service Funds are used by management to charge garage costs; technology replacement costs; police capital expenditures; facilities, street, parks, and pool capital expenditures; and self-insurance costs to individual funds. The assets and liabilities of the Internal Service Funds were included in the governmental activities in the Governmentwide Statement of Net Position.
Long-term liabilities are not due and payable in the current period and accordingly are not reported as fund liabilities. All liabilities, both current and long-term, are reported in the Statement of Net Position:
Compensated absences
Deferred charge on refunding
Certain revenues were not available to pay for current-period expenditures and, therefore, were deferred in funds.
See accompanying notes to the basic financial statements. 22
Nonmajor Total
Governmental Governmental
General Funds Funds
REVENUES:
Taxes 18,828,358 $ 658,321 $ 19,486,679 $
Licenses and permits 1,034,975 - 1,034,975
Intergovernmental 263,721 435,775 699,496
Charges for services 904,437 156 904,593
Investment earnings (loss) (684,765) 19,466 (665,299)
Fines and forfeitures 382,498 18,214 400,712
Program revenues - 284,090 284,090
Miscellaneous 40,826 448 41,274
Total revenues 20,770,050 1,416,470 22,186,520
EXPENDITURES:
Current:
General government 2,972,137 20,580 2,992,717
Public safety 6,617,305 - 6,617,305
Community development 1,292,094 - 1,292,094
Recreation and community services 1,911,542 - 1,911,542 Public works 2,801,366 150,246 2,951,612
Capital outlay 73,762 882,769 956,531
Debt service:
Principal - 80,000 80,000
Interest and fiscal charges 130,494 - 130,494
Total expenditures 15,668,206 1,264,089 16,932,295
REVENUES OVER (UNDER)
EXPENDITURES 5,101,844 152,381 5,254,225
OTHER FINANCING
SOURCES (USES):
Transfers in (Note 4) 375,000 453,500 828,500
Transfers out (Note 4) (1,303,500) (375,000) (1,678,500) Total other financing sources (uses) 78,500 (928,500) (850,000) NET CHANGE IN FUND BALANCE 4,173,344 230,881 4,404,225
Fund balances, beginning of year, as restated (Note 15) 12,599,677 2,251,729 14,851,406 Fund balances, end of year $ 2,482,610 16,773,021 $ 19,255,631 $ Statement of Revenues, Expenditures, and Changes in Fund Balances
CITY OF LOS ALAMITOS
Governmental Funds
For the Year Ended June 30, 2022
See accompanying notes to the basic financial statements. 23
Net Change in Fund Balances - Total Governmental Funds $ 4,404,225 Governmental activities in the Statement of Activities were reported differently because:
Total capital outlay expenditures reported in governmental funds 957,075$ Plus: repair and maintenance expenditures capitalized 99,840 Total capital outlay 1,056,915
Total depreciation reported in Government-wide Statement of Activities (457,336) Less: depreciation reported in the Internal Service Fund 105,446 Total (351,890)
1,312
1,394,778
(281,801)
(6,190)
80,000
551
250,946
Change in net position of governmental activities $ 6,548,846 The issuance of long-term debt provides current financial resources to governmental funds. However, the repayment reduces long-term liabilities in the governmental activities Statement of Net Position.
Amortization of deferred charge on refunding does not use current financial resources and therefore not reported as expenditures in the governmental funds.
Internal Service Funds are used by management to charge garage costs; technology replacement costs; police capital expenditures; facilities, street, parks, and pool capital expenditures; and self-insurance costs to individual funds. The net revenue of the Internal Service Funds is reported in governmental activities.
CITY OF LOS ALAMITOS
Reconciliation of the Governmental Funds Statement of Revenues, Expenditures, and Changes in Fund Balance to the Governmental-wide Statement of Activities For the Year Ended June 30, 2022
Governmental Funds report capital outlay as expenditures. However, in the Government-wide Statement of Activities, the costs of those assets is allocated over their estimated useful lives as depreciation expense. The amount of capital assets recorded in the current period is listed below.
Depreciation expense of capital assets is reported in the Government-wide Statement of Activities, but they do not require the use of current financial resources. Therefore, depreciation expense is not reported as expenditures in the governmental funds expect for the Internal Service fund amount listed below.
Earned but unavailable revenues reported in the governmental funds balance sheet as deferred inflows of resources should be recognized in the Government-wide Statement of Activities as revenue regardless of availability.
Certain pension expenses reported in the Statement of Activities do not require the use of current financial resources and, therefore, are not reported as expenditures in governmental funds.
Certain other postemployment benefit expenses reported in the Statement of Activities do not require the use of current financial resources and, therefore, are not reported as expenditures in governmental funds.
Compensated absences were reported in the Government-wide Statement of Activities, but they did not require the use of current financial resources. Therefore, compensated absences were not reported as expenditures in the governmental funds.
See accompanying notes to the basic financial statements. 24
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PROPRIETARY FUND
FINANCIAL STATEMENTS
26 Internal Service Funds - To account for the costs associated with the City's insurance, for funding equipment replacement, and fleet maintenance.
Governmental
Activities
Internal
Service Funds
ASSETS
Current assets:
Cash and investments (Note 3) 2,109,247 $
Account receivables 12,102
Total current assets 2,121,349
Noncurrent assets:
Capital assets - net of accumulated depreciation (Note 5) 719,045 Total noncurrent assets 719,045
Total assets 2,840,394
LIABILITIES
Current liabilities:
Accounts payable 120,417
Accrued interest 1,279
Accrued claims and judgements 71,875
Capital leases (Note 7) 12,967
Total current liabilities 206,538
Long-term liabilities:
Accrued claims and judgements 151,098
Capital leases (Note 7) 49,271
Total long-term liabilities 200,369
Total liabilities 406,907
NET POSITION
Net investment in capital assets 706,078
Unrestricted 1,727,409
Total net position $ 2,433,487
CITY OF LOS ALAMITOS
Statement of Net Position
Proprietary Funds
June 30, 2022
See accompanying notes to the basic financial statements. 27
Governmental
Activities
Internal
Service Funds
OPERATING REVENUES:
Charges for services
Garage $ 316,840
Police capital 40,000
Technology replacement 190,000
Miscellaneous 41,940
Total operating revenues 588,780
OPERATING EXPENSES:
Supplies and materials 340,220
Outside services 170,517
Claims expense 563,308
Depreciation 105,446
Total operating expenses 1,179,491
OPERATING INCOME (590,711)
NON-OPERATING REVENUES (EXPENSES):
Interest expense (8,343)
Total non-operating revenues (expenses) (8,343)
INCOME BEFORE TRANSFERS (599,054)
Transfers in (Note 4) 850,000
Total transfers 850,000
Change in net position 250,946
Net position, beginning of year 2,182,541
Net position, end of year 2,433,487 $
CITY OF LOS ALAMITOS
Statement of Revenues, Expenses, and Changes in Net Position Proprietary Funds
For the year ended June 30, 2022
See accompanying notes to the basic financial statements. 28
Governmental
Activities
Internal
Service Funds
CASH FLOWS FROM OPERATING ACTIVITIES:
Receipts from interfund charges for garage services 316,840 $ Receipts from interfund charges for police capital services 40,000 Receipts from interfund charges for technology replacement services 190,000 Payments to suppliers and service providers (935,505)
Cash received from (payments to) others 41,940
Net cash provided (used by) operating activities (346,725) CASH FLOWS FROM NON-CAPITAL FINANCING ACTIVITIES:
Transfers in 850,000
Net cash provided (used by) non-capital financing activities 850,000 CASH FLOWS FROM CAPITAL AND RELATED FINANCING ACTIVITIES:
Acquisition and construction of capital assets (305,559) Principal paid on capital debt (5,570)
Interest paid on capital debt (8,572)
Net cash provided (used by) capital and related financing activities (319,701) Net increase (decrease) in cash and cash equivalents 183,574 Cash and equivalents, beginning of year 1,925,673
Cash and equivalents, end of year 2,109,247 $
RECONCILIATION OF OPERATING INCOME (LOSS) TO
NET CASH (USED BY) OPERATING ACTIVITIES:
Operating income (loss) (590,711) $
Adjustments to reconcile operating income (loss)
to net cash provided (used) by operating activities:
Depreciation 105,446
Changes in operating assets and liabilities:
(Increase) decrease in accounts receivable (4,146)
Increase (decrease) in accounts payable 70,376
Increase (decrease) in claims and judgements 72,310
Total adjustments 243,986
Net cash provided (used) by operating activities $ (346,725)
CITY OF LOS ALAMITOS
Statement of Cash Flows
Proprietary Funds
For the year ended June 30, 2022
See accompanying notes to the basic financial statements. 29
NOTES TO THE BASIC
FINANCIAL STATEMENTS
30
City of Los Alamitos
31 Notes to the Basic Financial Statements
For the Year Ended June 30, 2022
Note 1 – Summary of Significant Accounting Policies
The basic financial statements of the City of Los Alamitos, California, (the “City”) have been prepared in conformity with accounting principles generally accepted in the United States (“U.S. GAAP”) as applied to governmental agencies.
The Governmental Accounting Standards Board (“GASB”) is the accepted standard setting body for establishing governmental accounting and financial reporting principles. The following is a summary of the City’s significant policies:
A. Financial Reporting Entity
The City was incorporated on March 1, 1960. The Charter of the City of Los Alamitos was adopted by a vote of the people in September 1966, and the City enjoys all rights and privileges pertaining to such “Charter Law” cities.
The financial statements include the financial activities of the City, the primary government, and its blended component unit, the Los Alamitos Public Financing Corporation (the Corporation). The component unit, discussed below, is included in the City’s reporting entity because of the significance of its operational and financial relationship with the City. This entity is legally separate from the City. However, the City’s elected officials have continuing accountability for fiscal matters of this entity.
An organization is fiscally dependent on the primary government if it is unable to adopt its budget, levy taxes or set rates or charges, or issue bonded debt without approval by the primary government. In a blended presentation, a component unit’s balances and transactions are reported in a manner similar to the balances and transactions of the City. Component units are presented on a blended basis when the component unit’s governing body is substantially the same as the City’s or the component unit provides services almost entirely to the City.
Management determined that the following entities should be reported as blended component units based on the criteria above. Each blended component unit has a June 30 year-end, has a governing board that is substantially the same as the City’s, there is a financial benefit or burden relationship between the City and the blended component unit, and the City is financially accountable for each of the blended component units.
The Los Alamitos Public Facilities Corporation – The Corporation was formed February 6, 2006, pursuant to the Non-Profit Corporation Law of the State of California for the purpose of assisting the City in financing the acquisition, construction and improvement for public benefit within the City limits. The Corporation is governed by a five-member board that is the City Council of the City of Los Alamitos. Separate financial statements are not prepared.
B. Basis of Accounting and Measurement Focus
The City’s basic financial statements consist of government-wide statements, including the Statement of Net Position and the Statement of Activities, and fund financial statements, which provide a more detailed level of financial information.
Government-Wide Financial Statements
The Statement of Net Position and the Statement of Activities display information about the City as a whole. These statements include the financial activities of the City and the Corporation. Certain eliminations have been made as prescribed by GASB Statement No. 34 in regard to interfund activities, payables, and receivables.
City of Los Alamitos
32 Notes to the Basic Financial Statements (Continued)
For the Year Ended June 30, 2022
Note 1 – Summary of Significant Accounting Policies (Continued) B. Basis of Accounting and Measurement Focus (Continued) The Statement of Net Position presents the financial position of the governmental activities of the City and its component unit, and the Statement of Activities reports expenses of each specific governmental function, offset by program revenues attributable to each functional program. A function is an assembly of similar activities and may include portions of a fund or summarize more than one fund to capture the expenses and program revenues associated with a distinct functional activity.
Program revenues that are attributable to functional programs are separated into three categories:
Charges for services
Operating grants and contributions
Capital grants and contributions
Charges for services report fees and other charges to users of the City’s services, operating grants and contributions finance annual operating activities and can include restricted investment income, and capital grants and contributions fund the acquisition, construction or rehabilitation of capital assets. These revenues are subject to externally imposed restriction to these program uses. Other revenues sources not included with program revenues are reported as general revenues of the City. These can include taxes or unrestricted investment income.
Fund Financial Statements
The accounts of the City are organized on the basis of funds, each of which is considered a separate accounting entity. The operations of each fund are accounted for with a separate set of self-balancing accounts that comprise its assets, deferred outflows, liabilities, deferred inflows, fund equity, revenues, and expenditures or expenses as appropriate. The City uses two categories of funds: governmental and proprietary.
The City segregates transactions related to certain City functions or activities in separate funds in order to aid financial management and to demonstrate legal compliance. Fund financial statements are designed to present financial information of the City at a more detailed level. Individual governmental fund identified as being Major, as prescribed by governmental accounting standards or by Management of the City, are reported in separate columns on the financial statements.
Governmental Funds
Governmental funds are those through which most governmental functions typically are financed. Governmental fund reporting focuses on the sources, uses and balance of the current financial resources. Expendable assets are assigned to the various governmental funds according to the purpose for which they may or must be used. Fund liabilities are assigned to the fund from which they will be liquidated. The City reports the difference between its governmental fund assets and its liabilities and deferred inflows of resources as fund balance.
Governmental fund financial statements include a Balance Sheet and a Statement of Revenues, Expenditures, and Changes in Fund Balances for all major governmental funds and other governmental funds aggregated.
Accompanying reconciliations are presented to explain the differences in fund balance as presented in these statements to the net position presented in the government-wide financial statements.