HomeMy WebLinkAboutAdopt Ordinance No. 4168 amending the Huntington Beach Munic (2) U gINCT 2000 Main Street,
04, Huntington Beach,CA
City of Huntington Beach ORD NOS. 4296,42958 4298, 4299
-7= APPROVED 4-3 (KALMICK, MOSER,
-0411VA,' BOLTON - NO)
ORD NOS. 4297,4300,4301
APPROVED 5-2 (MOSER,BOLTON-NO)
File #: 23-758 MEETING DATE: 10/3/2023
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Al Zelinka, City Manager
VIA: Travis K. Hopkins, Assistant City Manager
PREPARED BY: Travis K. Hopkins, Assistant City Manager
Grace Yoon-Taylor, Principal Management Analyst
Subject:
Adopt Ordinances to amend the Huntington Beach Municipal Code to streamline, consolidate,
and/or dissolve a select number of the City's Boards, Commissions, and Committees and
Council Committees
Ordinance Nos. 4296, 4295, 4298, 4299 approved for introduction September 5, 2023 - Vote: 4-3
(Kalmick, Moser, Bolton - No); Ordinance Nos. 4297, 4300, 4301 approved for introduction
September 5, 2023 - Vote: 5-2 (Moser, Bolton - No)
Statement of Issue:
On May 16, 2023, City Council approved the formation of an Ad Hoc Council Committee to review the
City's existing Boards, Commissions, and Committees (BCCs) and their roles and duties relevant to
City operations. As such, the BCC Review Ad Hoc Council Committee comprised of Mayor Tony
Strickland, Mayor Pro Tem Gracey Van Der Mark, and Councilmember Pat Burns met three times to
deliberate and have since proposed nine recommendations to streamline and restructure a select
number of BCCs.
On August 1, 2023, City Council approved the nine recommendations and directed staff to prepare
the appropriate Resolution(s) and Ordinances (attached) to effectuate them. On September 5, 2023,
City Council approved the introduction of Ordinance Nos. 4296, 4295, 4298, 4299, 4297, 4300, and
4301.
Financial Impact:
There are no fiscal impacts.
Recommended Action:
A) Adopt Ordinance No. 4296, "An Ordinance of the City of Huntington Beach repealing Ordinance
No. 4168 and delete Chapter 2.104 of the Huntington Beach Municipal Code dissolving the Jet Noise
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File #: 23-758 MEETING DATE: 10/3/2023
Commission;" and
B) Adopt Ordinance No. 4295, "An Ordinance of the City of Huntington Beach repealing Ordinance
No. 3332 and delete Chapter 2.112 of the Huntington Beach Municipal Code dissolving the Mobile
Home Advisory Board;" and
C) Adopt Ordinance No. 4298, "An Ordinance of the City of Huntington Beach deleting Chapter
2.102 of the Huntington Beach Municipal Code and dissolving the Environmental and Sustainability
Board;" and
D) Adopt Ordinance No. 4299, "An Ordinance of the City of Huntington Beach Amending the
Huntington Beach Municipal Code by amending Chapter 2.111 thereof related to Citizen
Infrastructure Advisory Board/Public Works Commission"; and approve the official dissolution of the
Smart Cities and Technology Council Committee by minute action; and
E) Adopt Ordinance No. 4297, "An Ordinance of the City of Huntington Beach deleting Chapter
2.108 of the Huntington Beach Municipal Code and dissolving the Huntington Beach Youth Board;"
and
F) Adopt Ordinance No. 4300, "An Ordinance of the City of Huntington Beach amending the
Huntington Beach Municipal Code by amending Chapter 2.106 thereof related to Fourth of July
Executive Board;" and
G) Adopt Ordinance No. 4301, "An Ordinance of the City of Huntington Beach amending the
Huntington Beach Municipal Code by amending Chapter 13.54 thereof related to Specific Events."
Alternative Action(s):
Do not approve one or more recommendations, and direct staff accordingly.
Analysis:
On September 5, 2023, City staff, working with the City Attorney's Office, prepared and presented the
appropriate Resolution(s), Ordinance(s), and other reports necessary to effectuate the Council-
approved recommendations to streamline, consolidate, and/or dissolve a select number of Boards,
Commissions, Committees and Council Committees. The following recommendations A through K
were approved by the City Council on September 5, 2023.
As indicated below, if Ordinance Nos. 4296, 4295, 4298, 4299, 4297, 4300, and 4301 were adopted
tonight, the ordinance would go into effect 30 days thereafter. At that time, the City would also
update and publish the updated Council Liaison List, Maddy Act Appointment List, and other public
information accordingly.
• Recommendation A: City Council approved the official dissolution of the City Council Short-
Term Rentals Ad Hoc Committee, Housing/RHNA Ad Hoc Committee, and Cannabis
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File #: 23-758 MEETING DATE: 10/3/2023
Regulation and Policy Ad Hoc Committee. -Approved via Council Minute Action - Vote: 4-3
(Bolton, Kalmick, Moser- No)
• Recommendation B: City Council approved to rename and broaden the scope of work of the
Urban Design Study Ad Hoc Council Committee to include the hotels and the numbered
streets beyond Main Street and PCH relinquishment and beautification, etc. The Community
Development Department will provide continued staff support. - Approved via Council Minute
Action - Vote: 5-2 (Bolton, Moser- No)
• Recommendation C: Adoption of Resolution No. 2023-40 formally dissolved the Huntington
Beach Human Relations Committee (HBHRC) and retired its current members on September
5, 2023. - Approved via Resolution Adoption - Vote: 4-3 (Bolton, Kalmick, Moser- No)
• Recommendation D: Adoption of Ordinance No. 4296 (Attachment 1) will repeal HBMC
Chapter 2.104 Jet Noise Commission, formally dissolving the Commission and retiring its
current members. The first reading of the Ordinance was approved on September 5, 2023. If
the second reading is adopted tonight, it takes effect 30 days thereafter. Any outstanding
projects led by the Commission shall be diverted to City staff and/or the Intergovernmental
Relations Committee (IRC). - Approved for Introduction of the Ordinance No. 4296 - Vote: 4-3
(Bolton, Kalmick, Moser- No)
• Recommendation E: Adoption of Ordinance No. 4295 (Attachment 2) will repeal HBMC
Chapter 2.112 Mobile Home Advisory Board, formally dissolving the Board and retiring its
current members. The first reading of the Ordinance was approved on September 5, 2023. If
the second reading is adopted tonight, it takes effect 30 days thereafter. - Approved for
Introduction of the Ordinance No. 4295 - Vote: 4-3 (Bolton, Kalmick, Moser- No)
• Recommendation F & G: Adoption of Ordinance Nos. 4298 (Attachment 3) and 4299
(Attachment 4) will repeal HBMC Chapter 2.102 Environmental and Sustainability Board
(ESB) and update Chapter 2.111 Citizen Infrastructure Advisory Board/Public Works
Commission (CIAB/PW), respectively. The first reading of the Ordinance was approved on
September 5, 2023. If the second reading is adopted tonight, it takes effect 30 days thereafter.
- Approved for Introduction of the Ordinance Nos. 4298 and 4299 - Vote: 4-3 (Bolton, Kalmick,
Moser- No)
The Smart Cities and Technology Council Committee (SCTCC) was officially dissolved on
September 5, 2023 - Approved via Council Minute Action Vote: 4-3 (Bolton, Kalmick, Moser-
No)
The core duties and goals of the ESB and the SCTCC will be shifted to the CIAB/Public Works
Commission, as appropriate.
• Recommendation H: Adoption of Ordinance No. 4297 (Attachment 5) will repeal HBMC
Chapter 2.108 Huntington Beach Youth Board. The first reading of the Ordinance was
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File #: 23-758 MEETING DATE: 10/3/2023
approved on September 5, 2023. If the second reading is adopted tonight, it takes effect 30
days thereafter. - Approved for Introduction of the Ordinance No. 4297- Vote: 5-2 (Bolton,
Moser- No)
In lieu of the Youth Board, the Community and Library Services Department plans to establish
an alternative non-Brown Act working group of select members of highly qualified, local high
school students, Youth Civic Leaders Collaborative (YCLC).
The YCLC will enable continued youth engagement with City affairs as its volunteer members
can help plan and coordinate the Annual Youth in Government Day, the Junior Citizens
Academy and other various projects requested by the City more effectively and efficiently. The
YCLC can have a similar member selection process as the Youth Board (but not as Council
appointees) and current Board members in good standing may continue their membership
with the newly created YCLC.
• Recommendation l: Adoption of Ordinance No. 4300 (Attachment 6) will rename the
Fourth of July Executive Board to Independence Day Board with more clear and defined roles.
Some proposed language changes in the Municipal Code also are to reflect current practices
and to consistent with HBMC Chapter 2.100 Operating Policies for Boards and Commissions.
The first reading of the Ordinance was approved on September 5, 2023. If the second reading
is adopted tonight, it takes effect 30 days thereafter. - Approved for Introduction of the
Ordinance No. 4300 - Vote: 5-2 (Bolton, Moser- No)
Recommendation J: Adoption of Ordinance No. 4301 (Attachment 7) will update Chapter
13.54 Specific Events. This action will clarify roles of the Specific Events Committee, which is
an internal staff group to discuss the permitting and any logistical requirements for each
proposed event, and establish a separate Council standing committee to review and
recommend overall policy on large-scale specific events in the City, based on City Council's
priorities.
The Community and Library Service Department will serve as a staff liaison(s) to this Council
Committee. As City staff conducts a more in-depth review of the HBMC Chapter 13.54 and
citywide event permitting policy and procedure, City staff plans to bring back any
recommendations and subsequent code updates for the Council's consideration at a later
time.
The first reading of the Ordinance was approved on September 5, 2023. If the second reading
is adopted tonight, it takes effect 30 days thereafter. -Approved for Introduction of the
Ordinance No. 4301 - Vote: 5-2 (Bolton, Moser- No)
• Recommendation K: The Boards, Commissions, and Committees Review Ad Hoc Council
Committee was officially dissolved effectively September 5, 2023 -Approved via Council
Minute Action 4-3 (Bolton, Kalmick, Moser- No).
Environmental Status:
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File #: 23-758 MEETING DATE: 10/3/2023
Pursuant to CEQA Guidelines Section 15378(b)(5), administrative activities of governments that will
not result in direct or indirect physical changes in the environment do not constitute a project.
Strategic Plan Goal:
Community Engagement
Attachment(s):
1. Ordinance No. 4296, "An Ordinance of the City of Huntington Beach repealing Ordinance No.
4168 and deleting Chapter 2.104 of the Huntington Beach Municipal Code dissolving the Jet
Noise Commission"
2. Ordinance No. 4295, "An Ordinance of the City of Huntington Beach repealing Ordinance No.
3332 and deleting Chapter 2.112 of the Huntington Beach Municipal Code dissolving the
Mobile Home Advisory Board"
3. Ordinance No. 4298, "An Ordinance of the City of Huntington Beach deleting Chapter 2.102 of
the Huntington Beach Municipal Code and dissolving the Environmental and Sustainability
Board"
4. Ordinance No. 4299, "An Ordinance of the City of Huntington Beach amending the Huntington
Beach Municipal Code by amending Chapter 2.111 thereof related to Citizen Infrastructure
Advisory Board/Public Works Commission"
5. Ordinance No. 4297, "An Ordinance of the City of Huntington Beach deleting Chapter 2.108 of
the Huntington Beach Municipal Code and dissolving the Huntington Beach Youth Board"
6. Ordinance No. 4300, "An Ordinance of the City of Huntington Beach amending the Huntington
Beach Municipal Code by amending Chapter 2.106 thereof related to Fourth of July Executive
Board"
7. Ordinance No. 4301, "An Ordinance of the City of Huntington Beach amending the Huntington
Beach Municipal Code by amending Chapter 13.54 thereof related to Specific Events"
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ORDINANCE NO. 4296
AN ORDNANCE OF THE CITY OF HUNTINGTON BEACH
REPEALING ORDINANCE NO. 4168 AND DELETE CHAPTER 2.104 OF THE
HUNTINGTON BEACH MUNICIPAL CODE DISSOLVING
THE JET NOISE COMMISSION
WHEREAS, on August 1, 2023,the City Council of the City of Huntington Beach
directed the City Attorney and the City Manager to collaborate to return to City Council with the
necessary actions to repeal Ordinance No. 4168 and delete Chapter 2.104 of the Huntington
Beach Municipal Code,
NOW, THEREFORE,the City Council of the City of Huntington Beach does hereby
ordain as follows:
SECTION 1. Ordinance No. 4168 of the City of Huntington Beach is hereby repealed in
its entirety.
SECTION 2. By virtue of the repeal of Ordinance No. 4168, Chapter 2.104 of the City
of Huntington Beach Municipal Code is deleted.
SECTION 3. This ordinance shall be effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 3zd day of October , 2023.
t t'q .,0&t.,..3
Mayor
ATTEST: APPROVED AS TO FORM:
6'erifri, 9A6/4414A-d
C. , Clerk ity Attorney
VIE :Digiiiiik • II APP'OVED: INITIATED AND APPROVED:
li
City anager Assistant City anager
23-13325/317369
Ord. No. 4296
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I,ROBIN ESTANISLAU,the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven;that the foregoing ordinance was read to said City Council at
a Regular meeting thereof held on September 5,2023, and was again read to said City
Council at a Regular meeting thereof held on October 3,2023, and was passed and
adopted by the affirmative vote of at least a majority of all the members of said City
Council.
AYES: Van Der Mark, Strickland,McKeon,Burns
NOES: Kalmick,Moser,Bolton
ABSENT: None
ABSTAIN: None
I,Robin Estanislau,CITY CLERK of the City of Huntington
Beach and ex-o$'icio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been published in
the Huntington Beach Wave on October 12,2023. t4414i/ ^ may„y4����
In accordance with the City Charter of said City. L� l
Robin Estanislau, City Clerk City Clerk and ex-officio Clerk
Senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California
LEGISLATIVE DRAFT
HBMC 2.104
Chapter•f 10 ET NOISE
hsion("JNC"). (14454248)
The purpose of the JNC shall be:
City.
v,To-acti as-an advisory-tvdy-teZae City Council-en-naatter-s-p -to jet noisefrom-6Hnnnereial
C. To engage with neighboring cities,r ,
A 1 Eld t' + t. C't. C. i t; tl..e NG sh It ist of se a mbers-a ..-ge
t-zl.�.R
T + ftl NC b sh l be Notwitl,stand other efth;
1\il 1. 1, 11 1, 1.7 ai office .. ployme..t:.. City :le el,
Y mY J J ae ~o e
I4C f tl, J City C it.l ,-.�.teines that., mber b t: ,l etL.e-wise no longer would like to
i+ J .l .l rr „t r f r the a a ed to o f e ee_ofsuc -eti-ed m mbe-
i �
_ rth b h ll b '1 .l+ tiro lu tarily from tl,e NC at y time s a s to be
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+ .l el. s for th a vl. e.l a 1 tL + t1
vaee=
h + 7t,J J the J C:t..Ce ..i1 1,y J^ J t..ef. to
A member absent from three meetings in a fiscal year sh ,
n a b- f tt J City M a f e sh..l t o of to tli e 7 s without t o er t and
d
1, 11 1 r r + t o f tl.e 14C meet..gRobertD' 1 s-v \/f O d t edition) shall ge e
/ t�
including jet noise from commercial aviation traffic:
A. To study, interpret,and report to City Council on commercial aviation activities related to the City.
T .F... o er f,nct;ons as difeeted by the City Cou..ci1 (1 i 68 1 2_4 8)
TL TAT/' h 11 1 t fr ;t. el aar T,mbe the a ,,.i: the at+l.e , eetin
r
)
commissions as set forth in Chapter 2.100 of this Code.(4168 12/18)
City Council/ ACTION AGENDA October 3, 2023
Public Financing Authority
Recommended Action:
A) -Approve and adept the City Ceuasi 'ubl+e Financing Authority regular meeting minutes of
August 1, 2023; and Withdrawn
B) Approve and adopt the City Council/Public Financing Authority regular meeting minutes of
September 5, 2023; and
C) Approve and adopt the City Council/Public Financing Authority regular meeting minutes of
September 19, 2023; and
D) Approve and adopt the City Council/Public Financing Authority special meeting minutes of
September 14, 2023.
Items B, C and D Approved 7-0
6. 23-825 September Update of Activities for Citizen Boards, Commissions,
Committees (BCCs) and Regional Agencies
Recommended Action:
Receive and File.
Approved 7-0
CITY MANAGER
7. 23-758 Adopted Ordinances to amend the Huntington Beach Municipal Code to
streamline, consolidate, and/or dissolve a select number of the City's
Boards, Commissions, and Committees and Council Committees
Ordinance Nos. 4296, 4295, 4298, 4299 approved for introduction
September 5, 2023 -Vote: 4-3 (Kalmick, Moser, Bolton - No);
Ordinance Nos. 4297, 4300, 4301 approved for introduction September 5,
2023 -Vote: 5-2 (Moser, Bolton - No)
Recommended Action:
A) Adopt Ordinance No. 4296, "An Ordinance of the City of Huntington Beach repealing
Ordinance No. 4168 and delete Chapter 2.104 of the Huntington Beach Municipal Code
dissolving the Jet Noise Commission;" and
B) Adopt Ordinance No. 4295, "An Ordinance of the City of Huntington Beach repealing
Ordinance No. 3332 and delete Chapter 2.112 of the Huntington Beach Municipal Code
dissolving the Mobile Home Advisory Board;" and
C) Adopt Ordinance No. 4298, "An Ordinance of the City of Huntington Beach deleting
Chapter 2.102 of the Huntington Beach Municipal Code and dissolving the Environmental and
Sustainability Board;" and
Page 4 of 7
City Council/ ACTION AGENDA October 3, 2023
Public Financing Authority
D) Adopt Ordinance No. 4299, "An Ordinance of the City of Huntington Beach Amending the
Huntington Beach Municipal Code by amending Chapter 2.111 thereof related to Citizen
Infrastructure Advisory Board/Public Works Commission"; and approve the official dissolution
of the Smart Cities and Technology Council Committee by minute action; and
E) Adopt Ordinance No. 4297, "An Ordinance of the City of Huntington Beach deleting
Chapter 2.108 of the Huntington Beach Municipal Code and dissolving the Huntington Beach
Youth Board;" and
F) Adopt Ordinance No. 4300, "An Ordinance of the City of Huntington Beach amending the
Huntington Beach Municipal Code by amending Chapter 2.106 thereof related to Fourth of
July Executive Board;" and
G) Adopt Ordinance No. 4301, "An Ordinance of the City of Huntington Beach amending the
Huntington Beach Municipal Code by amending Chapter 13.54 thereof related to Specific
Events."
Ordinance Nos. 4296, 4295, 4298, 4299 Approved 4-3 (Kalmick, Moser, Bolton - No);
Ordinance Nos. 4297, 4300, 4301 Approved 5-2 (Moser, Bolton— No)
COMMUNITY DEVELOPMENT
8. 23-581 Denied adoption of Resolution No. 2023-39 authorizing the acceptance of
$325,000 in grant funds from the California Department of Cannabis Control
(DCC) to assist in the development of a cannabis retail access program
Recommended Action:
A) Adopt Resolution No. 2023-39, "A Resolution of the City Council of the City of Huntington
Beach Authorizing the Acceptance of Funds from the Department of Cannabis Control (DCC)
from the Cannabis Local Jurisdiction Retail Access Grant" and appropriate the $325,000 grant
award; and
Failed 3-4 (Van Der Mark, Strickland, McKeon, Burns-No)
B) Ascign authority to the Community Development Director as the official to execute and sign
for the award and to approve amendments and extensions as needed; and
C) Formally dissolve the City Council Cannabis Ad-Hoc Committee.
Approved 4-3 (Kalmick, Moser, Bolton-No)
PUBLIC WORKS
9. 23-749 Approved Fifth Amendment to the West Orange County Water Board Joint
Powers Agreement allowing member agencies to designate up to two
alternate members to the Board of Directors
Recommended Action:
Approve and authorize the Mayor and City Clerk to execute the Fifth Amendment to the
WOCWB Joint Powers Agreement.
Approved 7-0
Page 5 of 7
City of Huntington Beach
File #: 18-520 MEETING DATE: 11/19/2018
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: Antonia Graham, Assistant to the City Manager
Subject:
Adopt Ordinance No. 4168 amending the Huntington Beach Municipal Code (HBMC) by adding
Chapter 2.104 entitled `Jet Noise Commission' (JNC)
Approved for introduction 11/5/2018 - Vote: 6-0-1 (Semeta-Out of Room)
Statement of Issue:
On January 8, 2018, the City Council authorized the creation of the Air Traffic Noise Working Group.
The Group along with Council Members, Patrick Brenden and Barbara Delgleize, were able to create
a collaborative working relationship with the airlines and the Airport to begin the dialogue to craft
changes to the approach procedures used when flying into the Long Beach Airport. To that end, on
September 17, 2018, the Council authorized the City Manager, working with the City Attorney, to
amend the Municipal Code to create a Jet Noise Commission. This Council Action introduces an
Ordinance that adds Chapter 2.104 to the Municipal Code and formally creates the Jet Noise
Commission.
Financial Impact:
Not Applicable.
Recommended Action:
Adopt Ordinance No. 4168, "An Ordinance of the City of Huntington Beach Amending the Huntington
Beach Municipal Code by Adding Chapter 2.104 Entitled `Jet Noise Commission'."
Alternative Action(s):
Do not approve for introduction and direct staff accordingly.
Analysis:
The Air Traffic Noise Working Group (ATNWG) was formed by City Council on January 8, 2018.
Subsequently, the ATNWG held regular monthly meetings, convened meetings with the Long Beach
Airport, and held a successful Town Hall Meeting with over 200 attendees.
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File #: 18-520 MEETING DATE: 11/19/2018
The key objectives of the working group were as follows:
1) Define and prioritize remedies/identify where authority/control resides.
2) Acquire technical information and flight data that supports the case.
3) Establish a working dialogue with the Federal Aviation Administration, the airlines, Long Beach
Airport, and other parties who can help to effect change.
4) If necessary, activate a letter writing/email campaign to enlist community involvement.
5) If necessary, assess the feasibility of legal action.
6) Conduct a community meeting within 90 days.
7) Provide the community with ongoing updates via the City's website.
Through its meetings, the ATNWG concluded that there is a significant increase in commercial jet
noise over Huntington Beach and it is negatively impacting the quality of life of residents, especially
those most directly under the new and concentrated air traffic routes.
The substantial noise increase is a direct result of a Federal Aviation Administration (FAA)
modernization program referred to as "Next Gen." This situation is not unique to the City, and is
actually a nationwide problem, with municipalities across the nation taking action against the FAA. To
date, the FAA has been reluctant to address noise issues anywhere in the county. As a result, the
City will need a long-term commitment to continue the fight to reduce jet noise affecting Huntington
Beach residents.
On September 17, 2018, City Council unanimously voted to direct the City Manager, working with the
City Attorney, to return to the City Council with an amendment to the Municipal Code formally
creating a Jet Noise Commission. The Jet Noise Commission will be tasked with continually
monitoring issues related to jet noise from commercial aviation traffic flying over the City and will act
as an advisory body to the City Council on matters pertaining to jet noise from commercial aviation
traffic over the City of Huntington Beach. The Commission would be similar to other City
Commissions and would consist of two City Council liaisons, a Staff liaison, and have seven at-large
members who will be limited to two consecutive four-year terms.
Environmental Status:
Not Applicable
Strategic Plan Goal:
Improve quality of life
Attachment(s):
1. Ordinance No. 4168 "An Ordinance of the City of Huntington Beach Amending the Huntington
Beach Municipal Code by Adding New Chapter 2.104 Entitled Jet Noise Commission"
City of Huntington Beach Page 2 of 2 Printed on 11/15/2018
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File #: 18-487 MEETING DATE: 11/5/2018
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: Antonia Graham, Assistant to the City Manager
Subject:
Approve for introduction Ordinance No. 4168 amending the Huntington Beach Municipal Code
(HBMC) by adding Chapter 2.104 entitled `Jet Noise Commission' (JNC)
Statement of Issue:
On January 8, 2018, the City Council authorized the creation of the Air Traffic Noise Working Group.
The Group along with Council Members, Patrick Brenden and Barbara Delgleize, were able to create
a collaborative working relationship with the airlines and the Airport to begin the dialogue to craft
changes to the approach procedures used when flying into the Long Beach Airport. To that end, on
September 17, 2018, the Council authorized the City Manager, working with the City Attorney, to
amend the Municipal Code to create a Jet Noise Commission. This Council Action introduces an
Ordinance that adds Chapter 2.104 to the Municipal Code and formally creates the Jet Noise
Commission.
Financial Impact:
Not Applicable.
Recommended Action:
Approve for Introduction Ordinance No. 4168, "An Ordinance of the City of Huntington Beach
Amending the Huntington Beach Municipal Code by Adding Chapter 2.104 Entitled `Jet Noise
Commission."'
Alternative Action(s):
Do not approve for introduction and direct staff accordingly.
Analysis:
The Air Traffic Noise Working Group (ATNWG) was formed by City Council on January 8, 2018.
Subsequently, the ATNWG held regular monthly meetings, convened meetings with the Long Beach
Airport, and held a successful Town Hall Meeting with over 200 attendees.
The key objectives of the working group were as follows:
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File #: 18-487 MEETING DATE: 11/5/2018
1) Define and prioritize remedies/identify where authority/control resides.
2) Acquire technical information and flight data that supports the case.
3) Establish a working dialogue with the Federal Aviation Administration, the airlines, Long Beach
Airport, and other parties who can help to effect change.
4) If necessary, activate a letter writing/email campaign to enlist community involvement.
5) If necessary, assess the feasibility of legal action.
6) Conduct a community meeting within 90 days.
7) Provide the community with ongoing updates via the City's website.
Through its meetings, the ATNWG concluded that there is a significant increase in commercial jet
noise over Huntington Beach and it is negatively impacting the quality of life of residents, especially
those most directly under the new and concentrated air traffic routes.
The substantial noise increase is a direct result of a Federal Aviation Administration (FAA)
modernization program referred to as "Next Gen." This situation is not unique to the City, and is
actually a nationwide problem, with municipalities across the nation taking action against the FAA. To
date, the FAA has been reluctant to address noise issues anywhere in the county. As a result, the
City will need a long-term commitment to continue the fight to reduce jet noise affecting Huntington
Beach residents.
On September 17, 2018, City Council unanimously voted to direct the City Manager, working with the
City Attorney, to return to the City Council with an amendment to the Municipal Code formally
creating a Jet Noise Commission. The Jet Noise Commission will be tasked with continually
monitoring issues related to jet noise from commercial aviation traffic flying over the City and will act
as an advisory body to the City Council on matters pertaining to jet noise from commercial aviation
traffic over the City of Huntington Beach. The Commission would be similar to other City
Commissions and would consist of two City Council liaisons, a Staff liaison, and have seven at-large
members who will be limited to two consecutive four-year terms.
Environmental Status:
Not Applicable
Strategic Plan Goal:
Improve quality of life
Attachment(s):
1. Ordinance No. 4168 "An Ordinance of the City of Huntington Beach Amending the Huntington
Beach Municipal Code by Adding New Chapter 2.104 Entitled Jet Noise Commission"
City of Huntington Beach Page 2 of 2 Printed on 10/31/2018
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ORDINANCE NO. 4168
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING NEW
CHAPTER 2.104 ENTITLED "JET NOISE COMMISSION"
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. The Huntington Beach Municipal Code is hereby amended by adding new
Chapter 2.104 entitled"Jet Noise Commission"to read as follows:
2.104.010 Established
There is hereby established.the Jet Noise Commission("JNC").
2.104.020 Purpose
The purpose of the JNC shall be:
A. To continually monitor issues related to jet noise from commercial
aviation traffic flying over the City.
B. To act as an advisory body to the City Council on matters pertaining to jet
noise from commercial aviation traffic over the City of Huntington Beach.
C. To engage with neighboring cities, regulatory bodies, airlines, and staff
regarding the impact of air traffic activities on the quality of life in
Huntington Beach.
2.104.030 Composition
A. In addition to two City Council liaisons, the JNC shall consist of seven members-
at-large recommended by the liaisons and appointed by a majority of City
Council.
The term of office of the JNC members shall be four years. Notwithstanding any
other provision of this Municipal Code, there shall be a two-term limit on the number of
consecutive terms a JNC member may serve. Members sball hold no paid office or
employment in the City government while serving on such?NC. ff the City Council
determines that a member be retired, or otherwise no longer would like to serve,it may so
order and appoint a successor for the unexpired term of office of such retired member.
ORDINANCE NO. 4168
Further, members shall be privileged to retire voluntarily from the JNC at any time,
successors to be appointed in such cases for the unexpired terms of office, and also in the
event of other occurring vacancies from whatever cause, by the City Council by a
majority of votes.
B. Regular attendance at meetings is required of all members to enable the JNC to
discharge its duties. A member absent from three meetings in a fiscal year shall be
deemed to have resigned from the JNC, and immediate notification shall be given
to the Mayor and City Council of such vacancy.
2.104.040 Secretary
A designee of the City Manager's Office shall serve as secretary to the JNC
without the power to vote, and shall keep permanent minutes of the JNC meetings.
Roberts' Rules of Order(current edition) shall govern the procedure of the meetings of
the JNC unless inconsistent with other provisions of this chapter.
2.105.050 Authority and Responsibilities
The JNC shall act in an advisory capacity to the City Council in matters related to
commercial air traffic, including jet noise from commercial aviation traffic:
A. To study, interpret, and report to City Council on commercial aviation
activities related to the City.
B. To perform other functions as directed by the City Council.
2.106.060 Meetings—Quorum
The JNC shall meet at such time and place as it may fix by resolution. All
meetings shall be open to the public. A majority of the JNC shall constitute a quorum for
the transaction of business.
2.106. 070 Election of Officers
The JNC shall elect from its members a chairperson and vice chairperson at the
regular January meeting. Such officers shall serve for one year or until their successors
are elected. The chairperson and vice chairperson may make and second motions and
shall have a voice and vote in all proceedings.
18-6882/190784
ORDINANCE NO.4168
2.106.080 Operating Policies
Except as otherwise provided in this chapter, the JNC shall conform to the
operating policy for commissions as set forth in Chapter 2.100 of this Code.
SECTION 2. That this Ordinance shall become effective thirty (30) days after its
adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on November 19, , 2018.
0
Mayor
ATTEST: APPROVED AS TO FORM:
rty Jerk City Attorney M-V
INITIATED AND APPROVED:
jCiga
18-6882/190784
Ord. No. 4168
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU, the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing ordinance was read to said City Council at
a Regular meeting thereof held on November 5, 2018, and was again read to said City
Council at a Regular meeting thereof held on November 19, 2018, and was passed and
adopted by the affirmative vote of at least a majority of all the members of said City
Council.
AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, Brenden
NOES: None
ABSENT: None
ABSTAIN: None
I,Robin Estanislau,CITY CLERK of the City of Huntington
Beach and ex-officio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been published in
the Huntington Beach Wave on November 29,2018.
In accordance with the City Charter of said City.
Robin Estanislau, Ci1y Clerk City Clerk and ex-officio Clerk
Senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California