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YEAH,

[00:00:06]

GOOD EVENING.

[ CALL TO ORDER: Council Chamber INVOCATION: City Attorney/Legal Counsel Jones PLEDGE OF ALLEGIANCE: Mayor/Director Espinoza ROLL CALL: Mayor/Director Espinoza Mayor Pro Tem/Director Medrano Councilmember/Director Gomez Councilmember/Director Shaw Councilmember/Director Simonian]

I WILL NOW CALL THE ORDER, THE REGULAR MEETING OF THE CITY COUNCIL AND THE REGULAR JOINT MEETING WITH THE SUCCESSOR AGENCY TO THE LA HARBOR REDEVELOPMENT AGENCY OF THE CITY OF LA HARBOR, BELLA HARBOR, CIVIC IMPROVEMENT, AUTHORITY, CITY OF LA HARBOR HOUSING AUTHORITY AND THE LA HARBOR UTILITY AUTHORITY OF MARCH 15, 2021.

LET THE RECORD REFLECT THAT IT IS 6:30 PM.

THE INVOCATION WILL BE GIVEN BY CITY ATTORNEY, UH, LEGAL COUNSEL, RICHARD JONES FOLLOWED BY THE PLEDGE OF ALLEGIANCE, WHICH IS LED BY ME.

IF YOU WOULD PLEASE RISE, ASK YOU TO PLEASE VAL, YOUR HEADS, THEIR HEAVENLY FATHER.

WE COME BEFORE YOU THIS EVENING, AS WE BEGIN TO DISCUSS THE BUSINESS WHERE THE CITY OF ALHAMBRA WE'RE FULL OF GRATITUDE FOR YOUR TENDER MERCIES AND KIND STATEMENTS OF SUPPORT DURING THIS DIFFICULT TIME OF THE PANDEMIC, WE'RE GRATEFUL FOR THE FIVE MEN AND WOMEN OF OUR CITY WHOSE SERVICE OUR COMMUNITY WITH PUBLIC SAFETY AND THE PUBLIC WORKS JARRED AND THROUGHOUT THE WHOLE COMMUNITY, WE'RE VERY GRATEFUL FOR THEIR SERVICE AND COMMITMENT TO OUR CITIZENS.

WE'RE GRATEFUL FOR OUR CITY COUNCIL, THE PEOPLE OF INTEGRITY WITH WHICH THEY ARE.

WE ASK YOU TO BLESS THEM THIS EVENING WITH WISDOM AND INSIGHT THAT THEY WILL DO THAT, WHICH IS BEST FOR ALL THE HOMBRE AND DO SO WITH A LOVING SUPPORT.

YOU SAY THESE THINGS HUMBLING, NEBULAE SON, JESUS CHRIST.

AMEN.

PLEASE TURN AND FACE OUR NATION'S FLAG.

BEGIN IT'S AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS ONE NATION UNDER GOD, INDIVISIBLE WITH LIBERTY AND JUSTICE FOR ALL.

THANK YOU VERY MUCH.

WOULD THE COURT CALL ROLE PLEASE? COUNCIL MEMBER, DIRECTOR SIMONIAN, COUNCIL MEMBER, DIRECTOR SHAW COUNCIL MEMBER, DIRECTOR GOMEZ, MAYOR PRO TEM DIRECTOR MEDRANO, MAYOR DIRECTOR ESPINOSA HERE.

THANK YOU.

THANK YOU.

ARE THERE ANY CLOSED SESSION ANNOUNCEMENTS? NO CUT.

NO CUT.

NO COMMENTS.

THANK YOU.

WE WILL NOW PROCEED TO PUBLIC COMMENT.

GENERAL PUBLIC COMMENTS SHALL BE RECEIVED AT THE BEGINNING OF THE GOVERNING BODY MEETING AND LIMITED TO THREE MINUTES PER INDIVIDUAL WITH A TOTAL TIME LIMIT OF 30 MINUTES FOR ALL PUBLIC COMMENTS, UNLESS OTHERWISE MODIFIED BY THE MAYOR OR CHAIR.

SPEAKING TIMES MAY NOT BE GRANTED AND OR LOAN TO ANOTHER INDIVIDUAL FOR PURPOSES OF EXTENDING AVAILABLE.

SPEAKING TIME, AND COMMENTS MUST BE KEPT BRIEF NON-REPETITIVE AND PROFESSIONAL IN NATURE.

THE, THE GENERAL PUBLIC PORTION OF THE MEETING ALLOWS THE PUBLIC TO ADDRESS ANY ITEMS OF CITY BUSINESS, NOT APPEARING ON THE SCHEDULED AGENDA PER GOVERNMENT CODE SECTION FIVE 49, FIVE 4.38.

SUCH COMMON SHALL NOT BE RESPONDED TO BY THE GOVERNING BODY DURING THE MEETING.

ARE THERE, IS THERE ANYONE WISHING TO SPEAK DURING THIS PUBLIC SESSION? MME. MAY THERE ARE NO SPEAKERS.

THANK YOU VERY MUCH.

THEN WE WILL PROCEED

[ CONSENT CALENDAR: All matters on Consent Calendar are considered to be routine and will be enacted by one motion unless a Councilmember, City staff member, or member of the audience requests separate action or removal of an item. Removed items will be considered following the Consent Calendar portion of this agenda. Public comment shall be limited to three (3) minutes per individual, with a total time limit of 30 minutes per item that has been removed for separate discussion, unless otherwise modified by the Mayor. Speaking time may not be granted and/or loaned to another individual for purposes of extending available speaking time, and comments must be kept brief, non-repetitive, and professional in nature.]

TO THE CONSENT CALENDAR.

ALL MATTERS OF THE CONSENT CALENDAR ARE CONSIDERED TO BE ROUTINE AND WILL BE ENACTED BY ONE MOTION.

LET'S COUNCIL MEMBERS, CITY STAFF MEMBER, OR A MEMBER OF THE AUDIENCE REQUESTS, SEPARATE ACTION OR REMOVAL OF AN ITEM REMOVED ITEMS WILL BE RE CONSIDERED, UH, FOLLOWING THE CONSENT CALENDAR PORTION OF THIS AGENDA.

PUBLIC COMMENTS SHALL BE LIMITED TO THREE MINUTES PER INDIVIDUAL WITH A TOTAL TIME LIMIT OF THREE MINUTES, 30 MINUTES PER ITEM THAT HAVE BEEN REMOVED FOR SEPARATE DISCUSSION, UNLESS OTHERWISE MODIFIED BY THE MAYOR.

SPEAKING TIME MAY NOT BE GRANTED AND OR LOAN TO ANOTHER INDIVIDUAL FOR PURPOSES OF EXTENDING AVAILABLE.

SPEAKING TIME, AND COMMENTS MUST BE KEPT BRIEF NON-REPETITIVE AND PROFESSIONAL IN NATURE.

THAT CONSENT CALENDAR APPEARS ON PAGES THREE THROUGH FIVE ON THE AUDIENCE AGENDA CITY COUNCIL ITEMS ONE THROUGH EIGHT SUCCESSOR AGENCY ITEM ONE, CIVIC IMPROVEMENT AND AUTHORITY ITEM ONE, HOUSING AUTHORITY ITEM ONE, UTILITY AUTHORITY ITEM ONE AND CITY COUNCIL, AGENCY, AND AUTHORITY ITEMS. ONE.

ARE THERE ANY ITEMS THAT STAFF WOULD WISH REMOVED? NO MATTER MAYER, THANK YOU.

ANY ITEMS THAT THE COUNCIL WOULD WISH REMOVED? ARE THERE ANY ITEMS THAT THE AUDIENCE WOULD WISH REMOVED? THERE'S NINE MATTER MAYOR, MAY I HAVE A MOTION DIRECTOR? I'D LIKE TO MAKE A MOTION TO APPROVE THE CONSENT CALENDAR.

IS THERE A SECOND, SECOND OR THE CLERK CALL ROLL PLEASE.

MEMBER SIMONIAN.

THANK YOU.

COUNCIL MEMBER, DIRECTOR SMITHSONIAN.

YES.

COUNCIL MEMBER DIRECTOR, SHOP COUNCIL MEMBER, DIRECTOR GOMEZ COUNTS.

MAYOR PRO TEM DIRECTOR.

MADRANO

[00:05:01]

MAYOR DIRECTOR ESPINOSA.

YES.

MOTION PASSED FIVE ZERO.

THANK YOU.

WE WILL NOW PROCEED TO PUBLIC HEARINGS.

PUBLIC COMMENTS SHALL BE LIMITED TO FIVE MINUTES PER INDIVIDUAL WITH A TOTAL TIME LIMIT OF 60 MINUTES FOR ALL PUBLIC COMMENTS FOR EACH INDIVIDUAL PUBLIC HEARING ITEM ON THE AGENDA, UNLESS OTHERWISE MODIFIED BY THE MAYOR OR CHAIR COMMENTS MUST BE KEPT BRIEF NON-REPETITIVE AND PROFESSIONAL IN NATURE.

ITEM ONE

[1. DULY NOTICED PUBLIC HEARING TO CONSIDER ZONE CHANGE 20-03 AMENDING TITLE 18 ("ZONING") OF THE LA HABRA MUNICIPAL CODE (LHMC) BY ADDING CHAPTER 18.82 (“INCLUSIONARY HOUSING UNITS”) That the City Council: APPROVE FIRST READING OF ORDINANCE NO. ______ ENTITLED: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA HABRA APPROVING ZONE CHANGE 20-03 AMENDING TITLE 18 ("ZONING") OF THE LA HABRA MUNICIPAL CODE (LHMC) BY ADDING CHAPTER 18.82 ("INCLUSIONARY HOUSING UNITS") AS PER EXHIBIT “A”. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA): The proposed amendments are exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA guidelines. On January 21, 2014, the City Council certified Environmental Impact Report 13-01 associated with the La Habra General Plan 2035, the 2014-2021 Housing Element Update, and the La Habra Climate Action Plan (CAP). The proposed action fulfills one of the stated goals of the La Habra General Plan 2035. The goals and policies discussed within this report were analyzed as part of the approved EIR and therefore no additional CEQA review is required. Any future improvement of potential development sites, subject to this proposal, will be required to be reviewed pursuant to the CEQA requirements at such time as development is considered.]

IS A DULY NOTICED PUBLIC HEARINGS TO CONSIDER ZONE CHANGE.

20 DASH OH THREE AMENDING TITLE 18 ZONING OF THE LA HARBOR MUNICIPAL CODE L M L H M C BY ADDING CHAPTER 18.8282 INCLUSIONARY HOUSING UNITS.

IF WE COULD HAVE A STAFF REPORT, PLEASE.

YES.

MADAM MAYOR MEMBERS OF THE COUNCIL, ANDREW HO DIRECTOR OF COMMUNITY DEVELOPMENT HERE TO PRESENT THE STAFF REPORT THIS EVENING, A SENIOR PLANNER, CHRIS SCHAFFER ALSO IN ATTENDANCE TO PROVIDE COUNSEL TO THE, UH, CITY COUNCIL IS SCOTT QUARTER FROM THE CITY ATTORNEY'S OFFICE.

CHRIS, TAKE IT AWAY.

THANK YOU, ANDREW.

NEXT SLIDE PLEASE.

SO GOOD EVENING.

HONORABLE MAYOR AND COUNCIL MEMBERS.

THE CITY IS REQUESTING CONSIDERATION OF AN ORDINANCE ENTITLED INCLUSIONARY HOUSING UNITS.

NEXT SLIDE PLEASE.

SO ON JANUARY 21ST, 2014, THE CITY COUNCIL ADOPTED THE LAHABRA GENERAL PLAN 2035, WHICH INCLUDED THE 2014 THROUGH 2021 HOUSING ELEMENT.

THE GENERAL PLAN CONTAINS 93 GOALS AND POLICIES TO DIRECT FUTURE DEVELOPMENT IN THE CITY GOAL, B 11 OF THE GENERAL PLAN POLICY, 87 OF THE HOUSING ELEMENT AND PROGRAM 85 OF THE HOUSING ELEMENT.

EACH SPECIFICALLY CALL OUT THE REQUIREMENT THAT AN INCLUSIONARY HOUSING ORDINANCE SHALL BE CONSIDERED FOR ADOPTION BY THE CITY IN 1980 STATE LEGISLATION WAS PLAID, EXCUSE ME, AS PASSED.

THAT REQUIRES THAT THE VARIOUS ASSOCIATION OF GOVERNMENTS FORECAST THE HOUSING NEEDS OF THEIR ASSOCIATED CITIES.

THIS FORECAST IS KNOWN AS THE REGIONAL HOUSING NEEDS ASSESSMENT OR RENA LAHABRA IS A SHARE OF THE UNITS IS PROJECTED AT 803 UNITS BELOW IS A BREAKDOWN ON THE UNITS THAT LAHABRA IS REQUIRED TO PROVIDE WITHIN CYCLE SIX.

THAT SETS THE AMOUNT OF UNITS AND THE AFFORDABILITY LEVELS OF THOSE UNITS.

AND ONE UPDATE HERE FOR THE COUNCIL, UH, RECENTLY, UH, THE REGIONAL HOUSING NEEDS ASSESSMENT NUMBER FOR LAHABRA WAS INCREASED TO EIGHT OH FOUR AND THAT X-RAY UNIT WAS, UH, ATTRIBUTED TO THE ABOVE MODERATE, UH, INCOME CATEGORY.

SO WE WENT FROM THREE 65 TO THREE 66.

THANK YOU SO MANY CITIES, UH, FALL SHORT IN MEETING THEIR RENA NUMBERS, PARTICULARLY IN THE LOW AND VERY LOW CATEGORIES WHILE NOT MEETING THE RENA NUMBERS HAS NO ASSOCIATED PENALTIES AT THIS TIME, JURISDICTIONS THAT FAIL TO MAKE ADEQUATE STEPS TO TRY TO MEET RENA NUMBERS MAY FACE PENALTIES.

THERE ARE VARIOUS PENALTIES, IMMUNE SUPPORT, SORRY, THIS MASKS IN THE WAY, AND MUNICIPALITY COULD FACE AS SHOWN ABOVE THE NEXT SLIDE.

PLEASE.

THE CITY HAS UTILIZED VARIOUS TOOLS TO REQUIRE DEVELOPERS TO PROVIDE AFFORDABLE HOUSING OVER THE PAST 20 YEARS.

GENERALLY, THIS HAS BEEN IMPLEMENTED THROUGH DISCRETIONARY PERMITS, SUCH AS SPECIFIC PLANS AND DEVELOPMENT AGREEMENTS.

HOWEVER, EACH PROJECT WAS INDIVIDUALLY NEGOTIATED AND THE CONDITIONS OF APPROVAL VARIED FROM PROJECT TO PROJECT.

THREE, EXAMPLES ARE SHOWN, UH, I'M SORRY, CAN YOU GO BACK ONCE? THERE YOU GO.

THANK YOU.

THE FIRST FEW PROJECTS PROVIDED IN LIEU OF FEES.

WHEREAS THE THIRD PROJECT VALENCIA DID NOT.

HOWEVER, THE THIRD PROJECT PROVIDE A SIZABLE PARKS FEE NEXT, PLEASE STAFF CONDUCTED A SURVEY DETERMINED, WHICH CITIES ADOPTED INCLUSIONARY HOUSING ORDINANCES IN ORANGE COUNTY, EIGHT OUT OF 34 CITIES HAVE ADOPTED ORDINANCES.

THE MAJORITY OF THESE ORDINANCES REQUIRE THAT A MINIMUM OF 15% OF NEW UNITS BE AFFORDABLE FOR MULTI FAMILY PROJECTS.

THE SPECIFIC OF EACH ORDINANCE DIFFER FROM CITIES, CITY TO CITY.

HOWEVER, ALL HAVE A METHOD FOR CALCULATING IN LIEU OF FEES.

WHEN THE DEVELOPER CHOOSES NOT TO PROVIDE AFFORDABLE UNITS, AS PART OF THE PROJECT STAFF DEVELOPED THE PROPOSED ORDINANCE BASED ON ASPECTS OF THESE VARIOUS ORDINANCES.

IN ADDITION, THE BUILDING INDUSTRY ASSOCIATION HAD DISCUSSIONS WITH STAFF REGARDING THIS PROPOSED ORDINANCE AND STATED THEIR OPPOSITION TO IT AS THEY BELIEVE IT IS AN UNFAIR BURDEN ON DEVELOPERS, AS WELL AS BEING A DETERRENT TO BUILDING HOMES.

IT PROPOSED INCLUSIONARY HOUSING ORDINANCE INCLUDES THE FOLLOWING FEATURES.

IT WILL APPLY TO PROJECTS OF 10 UNITS OR MORE, AND THAT'S EITHER FOR SALE OR RENTAL.

[00:10:01]

IT REQUIRES IT 15% OF THOSE UNITS, UH, BE MADE AFFORDABLE IF THEY'RE FOR SALE UNITS.

UM, THAT CUTOFF IS 110% OF AREA MEDIAN INCOME, WHICH THE FAMILY OF FOUR IS ABOUT 98,000.

IF THE RENTAL PROJECT 9% OF THE UNITS SHALL BE FROM MODERATE INCOME FAMILIES AND 3% OF THOSE UNITS SHALL BE FOR LOW OR VERY LOW INCOME FAMILIES, UNITS CAN EITHER BE PROVIDED ONSITE OR OFFSITE UNITS SHALL MAINTAIN AFFORDABLE AFFORDABILITY BASED ON STATE LAW, WHICH IS CURRENTLY 55 YEARS FOR, UM, FOR SALE UNITS.

AND IF IT'S A RENTAL UNIT IT'S AT 45 YEARS, DEVELOPERS CAN CHOOSE TO PAY EITHER THE IN LIEU OF FEE OR PROVIDE THE ACTUAL UNITS.

THE IN LIEU OF FEE, IF IT'S PAID WOULD BE BANKED BY THE CITY TO BE USED FOR FUTURE AFFORDABLE HOUSING PROJECTS.

SO IN SUMMARY, THE PROPOSED INCLUSIONARY HOUSING ORDINANCE PROVIDE THE CITY WITH A TOOL TO REQUIRE THE DEVELOPMENT OF AFFORDABLE UNITS.

IT DOES THIS BY REQUIRING THE DEVELOPMENT OF LOW INCOME AND VERY LOW INCOME UNITS, WHICH ARE ALSO REQUIRED BY THE RENA.

IT ALSO SETS THE RATE FOR IN LIEU OF FEES, WHICH PREVIOUSLY HAD NOT BEEN ESTABLISHED WHILE THERE'S NO REQUIREMENT FOR THIS ORDINANCE TO BE APPROVED.

IT PROVIDES THE CITY OF THE BEST OPTION FOR OBTAINING UNITS REQUIRED BY THE ARENA.

THIS CONCLUDES MY PRESENTATION.

THANK YOU.

THANK YOU VERY MUCH.

ARE THERE ANY QUESTIONS FROM THE COUNCIL PLEASE? UM, LET ME, OKAY.

UM, OUT OF THOSE EIGHT OUT OF 34 CITIES THAT HAVE ADOPTED THIS, WHAT HAS BEEN THE IMPACT OR WHAT KIND OF A, WHAT ARE YOU HEARING BACK FROM THOSE CITIES? UH, IT LOOKS LIKE THEIR RENA NUMBERS HAVE NOT BEEN HIT ANYWAY, BUT WHAT KIND OF IMPACT HAS IT IMPROVED ANY SINCE ADOPTING THE ORDINANCE? SO, SIR, UH, WE HAD A LONG DISCUSSION WITH THE CITY OF SANTA ANA AND, UM, AS WE, I THINK YOU MIGHT REMEMBER FROM OUR LAST DISCUSSION, THE CITY OF SANTA ANA HAD ESTABLISHED A $15 PER SQUARE FOOT IN LIEU OF FEE, WHICH WAS DEEMED TO BE A LITTLE BIT ON THE HIGH SIDE.

AND SOME PROJECTS WERE STOPPED IN THEIR TRACKS, THE CITY COUNCIL OF SANTA ANA CHOSE TO LOWER THAT FEE TO $5 A SQUARE FOOT FOR THE TOTAL PROJECT AND PROJECTS WERE RESTARTED.

UM, HAVE YOU TALKED TO THE CITY OF SANTA ANA STAFF? UM, THIS IS A TEMPORARY THING.

THEY MIGHT INCREASE IT TO $15 AGAIN, BUT AT THIS TIME IT IS $5 PER SQUARE FOOT FOR THE TOTAL PROJECT COSTS.

UH, OTHER CITIES HAVE NOT RELAYED THAT TYPE OF INFORMATION TO US.

THEY'VE BEEN MOVING ALONG AS, AS NORMAL.

SO THE OTHER CITIES, WHEN YOU SAY AS NORMAL, MEANING THERE HAVE NOT BEEN ANY AFFORDABLE UNITS ADDED, IT'S JUST BEEN STATUS QUO.

I MEAN, WHAT, WHAT, WHAT ARE YOU HEAR? THE PROJECTS ARE STILL MOVING.

SO THERE, THE FEES ARE ON ARE A LITTLE BIT LOWER THAN WHAT SANTA ANA WAS ORIGINALLY CHARGING.

SO THOSE PROJECTS HAVE BEEN MOVING FORWARD.

UM, IN PARTICULAR IS HUNTINGTON BEACH.

THEY, THEY, THEY WERE SUED BY THE STATE AND, UM, WAS, WAS THERE AN INCREASE IN HOUSE AND, UH, THE, UH, HOUSING GETTING CLOSE TO THE ARENA NUMBERS IN SANTA ANA WHEN, WHEN THEY LOWERED THEIR, THEIR IN LIEU FEES.

I DON'T HAVE THE INFORMATION AT THIS TIME, SIR, I CAN FIND OUT.

OKAY.

UM, SO I GUESS WHAT I'M LOOKING FOR IS I, I, YOU KNOW, THERE'S ONLY EIGHT OUT OF 34 CITIES THAT ARE DOING THIS, GIVE ME A CARE, GIVE ME A, A CAVEAT THAT, THAT A SUCCESS STORY.

I WANT TO HEAR SOMETHING THAT'S LIKE, WOW, THIS IS REALLY GONNA HELP OUR COMMUNITY.

I'M SO MUCH TEETER TOTTERING BACK AND FORTH.

I KNOW WE HAVE TO HIT THAT 804 NUMBER, BUT, UH, GIVE ME, GIVE ME SOMETHING THAT SHOWS ME.

THIS IS GOING TO BE THE MECHANISM THAT'S GOING TO HELP IT FROM, FROM OUR STAFF EXPERIENCE.

WHEN WE TALK TO DEVELOPERS, UH, NO DEVELOPER REALLY WANTS TO BUILD LOW OR VERY LOW INCOME UNITS.

THEY ARE WILLING TO MAYBE BUILD MODERATE INCOME UNITS.

THIS WILL PROVIDE US THE TOOL TO DO THAT.

WE, WE HAVE TALKED TO AFFORDABLE DEVELOPERS AND THEY NEED SIZEABLE GAP FUNDING FROM US TO DO LOW AND VERY LOW UNITS THAT THAT'S THE INCENTIVE WE ON OUR OWN ARE NOT ABLE TO PROVIDE LOW AND VERY LOW UNITS.

UM, DO YOU THINK IF WE WERE TO TAKE THE ROUTE LIKE SANTA ANA AND LOWER THE FEES AND LIEU FEES, WOULD THAT BE A MECHANISM TO HELP THEM OUT FINANCIALLY? THAT MIGHT BE AN OPTION.

YES, SIR.

OKAY.

MADAM MAYOR, IF I MAY.

YES.

SO WHAT THE COUNCIL IS CONSIDERING TONIGHT IS ESTABLISHING CITYWIDE HOUSING POLICY BY ADOPTING THE INCLUSIONARY HOUSING ORDINANCE, YOU ARE TELLING COMMUNITY AND THE DEVELOPMENT COMMUNITY, UH, SUPPORTING, UH, PROVIDING MORE AFFORDABLE HOUSING, UH, FOR THE COMMUNITY AND ESTABLISHING A TOOL

[00:15:01]

TO MEET YOUR ARENA.

NUMBERS DOES A CITY NEED TO HAVE AN INCLUSIONARY HOUSING ORDINANCE TO MEET THE RENA NUMBERS? IT DOES NOT.

UH, USUALLY, UH, WHEN CITIES DON'T HAVE THE ORDINANCE, UH, STAFF AND THE DEVELOPMENT COMMUNITY WORK TOGETHER TO TRY TO ACHIEVE THOSE NUMBERS, UH, HISTORICALLY IT'S BEEN DIFFICULT TO, TO MEET ALL OF THE NUMBERS THAT SCAG HAS, UH, CATEGORIZED AND ALLOTTED FOR EACH COMMUNITIES, UH, WHICH IS WHY YOU SEE SOME OF THE DRAMA GOING ON WITH THE STATE AND HUNTINGTON BEACH.

UM, SOME OF THE RECENT APPEALS OF CITY NUMBERS, UH, AT THE SCAG REGIONAL LEVEL.

AND SO THE INCLUSIONARY HOUSING ORDINANCE IS A TOOL THAT YOU COULD USE TO REINFORCE, UH, THE POLICY OF PROVIDING MORE AFFORDABLE HOUSING UNITS.

SO THE, FOR THE NEXT PLANNING CYCLE LAHABRA IS OBLIGATED TO PLAN FOR AND ACCOMMODATE 804, UH, TYPES OF AFFORDABLE UNITS.

SOME OF IT IS LOW, VERY LOW AND MODERATE INCOME MARKET RATE TYPE OF HOUSING.

UM, WITHOUT THE INCLUSIONARY HOUSING ORDINANCE, YOU ARE EVENTS, SETTING A POLICY TO LEAVE IT UP TO DEVELOPERS AND, UH, THE STAFF TO LOOK FOR OPPORTUNITIES TO CAPTURE THESE NUMBERS AND THESE INCREMENTS, UH, THE INCLUSIONARY HOUSING ORDINANCE PROVIDES SOME REASSURANCES THAT FOR ANY TYPE OF DEVELOPMENT ABOVE 10 UNITS, YOU'RE GUARANTEED, AT LEAST 15% OF THOSE UNITS ARE GOING TO BE ATTRIBUTED TOWARDS, UH, MEETING YOUR RENA NUMBERS.

THANK YOU, COUNCIL MEMBER, MICHELLE.

THANK YOU.

I THINK WE NEED TO CLARIFY SOMETHING HERE WITH REGARDS TO RINA YOU DON'T W TO COMPLY WITH IT MEANS YOU HAVE ZONED FOR AND PLAN FOR THOSE UNITS.

NOT THAT THEY HAVE PHYSICALLY BEEN BUILT IN YOUR CITY, CORRECT? THAT'S CORRECT.

OKAY.

SO TO COMPLY WITH THREE, AND THAT MEANS WE'VE JUST ZONED FOR AND PLANNED FOR THOSE UNITS, HAVING AN INCLUSIONARY ZONING POLICY ORDINANCE IN PLACE IS NOT GOING TO HELP US ACCOMPLISH THAT AT ALL.

THIS IS SIMPLY NOW, IF YOU'RE, I MEAN, WE CAN DEBATE IN A MOMENT, THE, UM, ETHICACY OF ACTUALLY HAVING THIS POLICY IN PLACE AND PHYSICALLY GETTING THEM BUILT IN, IN REALITY, BUT TO COMPLY WITH TRINA THAT WE WORK ON HUNTINGTON BEACH JAMMED WASN'T THAT THEY HAD A LAW, THEY DID, THEY DID NOT HAVE AN INCLUSIONARY ZONING POLICY ORDINANCE, IS THAT THEY WERE DOWN ZONING PROPERTY, CORRECT? THAT'S CORRECT.

SO THEY TOOK LAND THAT WAS ZONED FOR HOUSING AND TOOK AWAY THAT ZONING.

AND THAT'S WHY THE STATE SUED HUNTINGTON BEACH, BUT THAT, THAT IS NOT WHAT THIS IS.

SO I THINK WE NEED TO CLARIFY THAT IN MY MIND.

I DON'T SEE HOW THIS HELPS US GET TO RINA, UH, COMPLY, COMPLY WITH RINA AT ALL.

ARE THERE ANY MORE QUESTIONS FROM THE COUNCIL? YES.

UH, SO TAKING INTO ACCOUNT, WHAT, UH, WHAT COUNCIL MEMBER SHAW WAS, UH, WAS SAYING, UH, JUST THE SAME, WOULD WE EXPECT ANY LEGAL TROUBLES DOWN THE LINE? IF WE DID NOT MEET THESE RENA NUMBERS, ALL, ALL THE RENA NUMBERS WERE WERE REQUIRED, WHETHER IT BE LOW OR MODERATE ABOVE, UH, ABOVE MARKET.

SO, UM, I'M SCOTT PORTER WITH THE CITY ATTORNEY'S OFFICE.

THE ANSWER TO THAT IS YES.

THAT IF THE CITY DOES NOT ACHIEVE ITS RENA NUMBERS, UM, FULLY, UH, WE CAN'T HEAR YOU GOOD ENOUGH.

I'M TRYING TO NEW TO THE, ALL THIS AIR.

IF THE CITY DOES NOT ACHIEVE ITS NUMBERS IN THE RENA CYCLE, THEN IN THE NEXT CYCLE, THERE CAN BE A NUMBER OF LONG-TERM IMPACTS.

UH, YOU MAY HAVE A SHORTENED CYCLE.

SO INSTEAD OF IT BEING AN EIGHT YEAR CYCLE, YOU WOULD HAVE TO REDO