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File #: 18-473 MEETING DATE: 11/5/2018
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Michael E. Gates, City Attorney
PREPARED BY: Michael E. Gates, City Attorney
Subject:
Approve a proposal for investigation and prosecution of illicit, unlicensed, and/or nuisance in-
home businesses by approving increase to the City's Table of Organization and appropriation
of funds
Statement of Issue:
City Council directed the City Attorney to return to the City Council with a proposal for increased
investigation and prosecution of illicit, unlicensed, and/or nuisance businesses operating in the City in
violation of State or City laws, including the possibility of engaging an independent contractor(s) to
assist with investigative and enforcement efforts. There has been a substantial proliferation in illegal
businesses in Huntington Beach. There are currently an estimated 700 illegal short-term rentals,
100+ residential treatment and rehab homes, marijuana dispensaries, and other illegal businesses
throughout the City. In order to maintain the quality of life in Huntington Beach, the City must
address this issue and prosecute illegal businesses - especially the ones located in our residential
areas.
Financial Impact:
The recommended items will result in an ongoing increase to the General Fund in the amount of
$312,800.
Recommended Action:
A) Approve an increase to the City's Table of Organization by 1 0 Senior ne-pi ity Attomey; anjcl�
B) Approve an appropriation Personnel Sewices to fund the additionat
,
C
mattor ovnort onri ap invostigator
Alternative Action(s):
A) Do not approve an increase to the City's Table of Organization by 1 .0 Senior Deputy Attorney;
City of Huntington Beach Page 1 of 3 Printed on 11/1/2018
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File #: 18-473 MEETING DATE: 11/5/2018
B) Do not approve an appropriation increase of $222,800 in Personnel Services to fund the
additional position at Step C; and
C) Do not approve an increase appropriation and professional services authority by $90,000 for a
subject matter expert and an investigator.
Analysis:
Quality of life and safety in Huntington Beach is critical. The health, safety, and welfare of the
citizens of Huntington Beach are constantly negatively impacted by illegal and illicit businesses
operating in the City. Recent examples of negative impacts include an influx of illegal Marijuana
distribution businesses, proliferation of short-term vacation rentals, proliferation of massage parlors,
proliferation of illegal residential treatment facilities, to name a few. These business operate without
licenses and create negative effects on residents, including operating in residential zoning districts
where businesses are prohibited, affecting the quiet enjoyment of a neighborhood, increased crime
because of the nature of the business.
To protect the City from the direct and secondary effects of these illegal businesses, the City Attorney
is proposing and would like to pursue new and innovative ways of enforcing existing Federal, State,
and City laws, including filing nuisance lawsuits for violations of the California Government Code, the
HBMC, as well as causes of action for unfair business practices under California Business and
Professions Code 17200. The City Attorney is coordinating and working jointly with Orange County
District Attorney regarding Civil and Criminal law enforcement efforts in addressing illegal
businesses.
To accomplish the goals of effective enforcement of illegal and illicit businesses, the City Attorney's
Office should retain subject matter expert to work part-time with Code Enforcement and the City
Attorney to assist in investigating, identifying issues, and building cases against the illegal
businesses. This consultant will have a background in the operations and investigation and
enforcement of the illegal businesses that have proliferated in the City of Huntington Beach, such as
illegal and unlicensed residential rehabilitation and treatment facilities, illegal and illicit short-term
rentals, marijuana dispensaries, and other illegal home-based businesses.
In addition, the City should retain a part-time investigator with a background in law enforcement to
assist in investigation and criminal and civil prosecution of Federal, State and City of Huntington
Beach laws.
The City should retain an additional attorney "in-house" in the City Attorney's Office to work up and
file lawsuits, attend court proceedings, and try cases. To be successful, this new attorney will need to
be part of the City team and become familiar with the issues throughout the City from inside the City
ranks and be well-positioned to prosecute civil cases against illegal businesses is on a long-term, full-
time basis.
Environmental Status:
Not applicable.
City of Huntington Beach Page 2 of 3 Printed on 11/1/2018
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File #: 18-473 MEETING DATE: 11/5/2018
Strategic Plan Goal:
Improve quality of life
Attachment(s):
None.
City of Huntington Beach Page 3 of 3 Printed on 11/1/2018
905
powered by L=pistarT"
ACTION AGENDA
City Council/Public Financing Authority November 5, 2018
Between the Huntington Beach Management Employees' Organization and the City of
Huntington Beach for the period November 1, 2017 through October 31, 2019."
Approved 7-0
33. 18-475 Adopted Resolution No. 2018-65 approving and implementing
The Memorandum of Understanding (MOU) between the
Huntington Beach Firefighters' Association (HBFA) and the City
Of Huntington Beach for July 1, 2018 through June 30, 2021
Recommended Action:
Adopt Resolution No. 2018-65, "A Resolution of the City of Huntington Beach Approving
and Implementing the Memorandum of Understanding Between the Huntington Beach
Firefighters' Association (HBFA) and the City for July 1, 2018 through June 30, 2021."
Approved 7-0
34. 18-473 Deferred discussion on proposal until the next fiscal year budget
process begins - Request to approve a proposal for investigation
and prosecution of illicit, unlicensed, and/or nuisance in-home l
businesses by approving an increase to the City's Table of
Organization and appropriation of funds
Recommended Action:
AttGFRey;,aR4.
B) �.r1Y�Feye aR apprepl:iatin
ors ��r,cry r-ca,,fir,can an to iiri iii Grc-ase-E}f$222,800 1 n PPFS9 F}ReI SPrV"r6ES +^v f El Rd chi
,
for a s bjeGt matter expert and aR ORVe tigator
Approved as amended 5-2 (Semeta, Peterson-No) to defer discussion on
proposal until the next fiscal year budget process begins; in the interim, provide
a status update on the Community Prosecutor Program, and Memorandum of
Understanding with the Orange County District Attorney's Office
ORDINANCES FOR INTRODUCTION
35. 18-472 Continued to December 17, 2018 — Request to Approve for
introduction Ordinance No. 4169 amending Sections 3.03.020
and 3.03.080 of Chapter 3.03 of the Huntington Beach Municipal
Code (HBMC) relating to Professional Services Contracts
Recommended Action:
10
Harper, Gloria
From: Dombo, Johanna
Sent: Monday, November 05, 2018 5:18 PM
To: Agenda Comment
Cc: Fikes, Cathy; CITY COUNCIL
Subject: FW: Agenda item#34
AGENDA COMMENT
From: Kathy Carrick<carrick92647@hotmail.com>
Sent: Monday, November 05, 2018 5:02 PM
To: CITY COUNCIL<city.council@surfcity-hb.org>
Subject:Agenda item#34
Please make note of my support of agenda item #34.
Anything that can be done to reduce the negative impact that rehab/sober living homes have on our
communities and neighborhoods is a step in the right direction.
Respectfully,
Kathy Carrick
HB resident
Sent from my Verizon, Samsung Galaxy smartphone
SUPPLEMENTAL
COMMUNICATION
Madng Date:_
Agenda Item No,
i
Harper, Gloria
From: Dombo, Johanna
Sent: Monday, November 05, 2018 3:43 PM
To: Agenda Comment
Cc: Fikes, Cathy; CITY COUNCIL
Subject: FW: Agenda item#34
AGENDA COMMENT
-----Original Message-----
From: Elizabeth Esparza<elizabeth@executivesoundpros.com>
Sent: Monday, November 05, 2018 3:37 PM
To: CITY COUNCIL<city.council@surfcity-hb.org>
Subject: Agenda item#34
My name is Elizabeth and I'm in support of agenda item #34. Living next door to a Sober Living Home I've witnessed
"tenants" being kicked out with trash bags of items at midnight with no where to go,SLH "tenants" stash alcohol in the
bushes on my property, and caught SLH "tenants" trying to climb the wall into our backyard.
Elizabeth Esparza
SUPPLEMENTAL
commUNICATION
Harper, Gloria
From: Dombo, Johanna
Sent: Monday, November 05, 2018 3:36 PM
To: Agenda Comment
Cc: Fikes, Cathy; CITY COUNCIL
Subject: FW: Agenda item 34
AGENDA COMMENT
From: Nancy Buchoz<nancybuchoz@yahoo.com>
Sent: Monday, November 05, 2018 3:28 PM
To: CITY COUNCIL<city.council@surfcity-hb.org>
Subject:Agenda item 34
Dear City Council & Mayor Mike Posey,
I wanted to express my support for the agenda item #34.
I feel the proposal to approve funds is appropriate at this time to help our City Attorney in his fight to eradicate
HB of the bad operators of Sober Living home in our great city.
I believe it is wise and prudent to give our City Attorney all the support we can so he do what he does best,
make positive changes.
Thank you for the opportunity to share my opinion.
I support the following:
Agenda Item 34
1 approve a proposal for investigation and prosecution of illicit, unlicensed, and/or nuisance in-home
businesses by approving increase to the City's Table of Organization and appropriation of funds
A) I approve an increase to the City's Table of Organization by 1.0 Senior Deputy Attorney; and,
B) I approve an appropriation increase of $222,800 in Personnel Services to fund the additional
position at Step C; and,
C) I approve an increase appropriation and professional services authority by $90,000 for a subject
matter expert and an investigator.
Sincerely,
Nancy Buchoz
Resident since 1976
9001 Rhodesia Dr SEHB SUPPLEMENTAL
714-469-9033 COMMUNICATION
Meeting Date: I I -5-18 --
Harper, Gloria
From: Dombo, Johanna
Sent: Monday, November 05, 2018 3:21 PM
To: Agenda Comment
Cc: Fikes, Cathy; CITY COUNCIL
Subject: FW: support of agenda item 34
AGENDA COMMENT
From: Roni Raczkowski <RoniR@msn.com>
Sent: Monday, November 05, 2018 3:12 PM
To: CITY COUNCIL<city.council@surfcity-hb.org>
Subject: support of agenda item 34
City Council,
Please approve a proposal for investigation and prosecution of illicit unlicensed, and
/or nuisance in-home
businesses by approving increase to the City's Table of Organization and appropriation of funds
A) Approve an increase to the City's Table of Organization by 1.0 Senior Deputy Attorney; and,
B) Approve an appropriation increase of$222,800 in Personnel Services to fund the additional position at Step
C; and,
C) Approve an increase appropriation and professional services authority by $90,000 for a subject matter
expert and an investigator.
I personally have 9 SLHs within a few blocks of my home downtown, the tenants and managers of these homes
have no respect of our neighborhood and are constantly leaving trash and cigarette butts on our sidewalk, speed
up and down our street as they transport tenants from meetings to homes, are loud and unruly oftentimes to the
point where fights have broken out. There have been overdose deaths at some of the homes, and there has been
one property that was in escrow that fell out of escrow due to the discovery of a sober living home across the
street.
Properly run sober living homes can be effective with the right supervision, the right program, and IN THE PROPER
NEIGHBORHOOD such as a commercial or industrial area-not a residential neighborhood where we are all at risk.
Kindest regards,
Roni
Ronli Raczkoe ski 1 Broker Associate CA BRE 01119609 1 Douglas Elliman of CA I Newport Beach I
714.878.3796 I website I facebook I LinkedIn I
SUPPLEMENTAL
NTAL
COMMUNICATION
Wmeting Date:
1
Agenda Item tdo.:
Harper, Gloria
From: Dombo, Johanna
Sent: Monday, November 05, 2018 3:05 PM
To: Agenda Comment
Cc: Fikes, Cathy; CITY COUNCIL
Subject: FW: Agenda item#34
AGENDA COMMENT
Johanna Dombo
Executive Assistant
Office of the City Manager, City of Huntington Beach
714.536.5575
Johanna.dombo@surfcity-hb.org
-----Original Message-----
From: oceanhb@gmail.com <oceanhb@gmail.com>
Sent: Monday, November 05, 2018 2:54 PM
To: CITY COUNCIL<city.council@surfcity-hb.org>; Fikes, Cathy<CFikes@surfcity-hb.org>
Subject: Agenda item#34
Dear City Council,
I support item#34 totally!
My mom had an illegal SLH around the corner from her home. My mom is now deceased but the SLH is still there on
Carlsbad, HB 92646.
Since this happened the neighborhood has had break-ins, all sorts of different people coming and going, not stop
smoking AND drug use.
Please approve the need for increase in City spending for a expert, an investigator and what ever else is needed.
Cathy Haro
1812 Florida St.#108
HB 92648
Sent from my Wad
SUPPLEMENTAL
COMMUNICATION
Meetlng Date:
Agenda item W4.. 3y(' `t�J'�
Harper, Gloria
From: Fikes, Cathy
Sent: Monday, November 05, 2018 2:50 PM
To: Agenda Comment
Cc: Fikes, Cathy; CITY COUNCIL
Subject: FW: Item 34
AGENDA COMMENT
From:Joti Ghuman<jotighuman@gmail.com>
Sent: Monday, November 05, 2018 2:49 PM
To: CITY COUNCIL<city.council@surfcity-hb.org>
Subject: Item 34
Request you to approve the funds
We live next to a SLH and have to endure the smoking pollution and vaping pollutants in our home daily
Our eyes burn, nose irritated and constant cough
We cannot use more than half the home due to this problem
I use a pollution mask in the home
On occasion have had to use it at night also to get some sleep
Our lives have changed since the SLH moved in next door
We are hoping for the city to take action to alleviate some of our misery
Thank you
Joti Ghuman
SUPPLEMENTAL
COMMUNICATION
Meeting Date: _ILL-12
Agenda item Pie: J g ' 42 32
i
Harper, Gloria
From: Fikes, Cathy
Sent: Monday, November 05, 2018 2:47 PM
To: Agenda Comment
Cc: Fikes, Cathy; CITY COUNCIL
Subject: FW: 11/5/2018 City Council Meeting-Agenda Item#34
AGENDA COMMENT
From: Nick Mestanas<nmestanas@gmail.com>
Sent: Monday, November 05, 2018 2:42 PM
To: CITY COUNCIL<city.council@surfcity-hb.org>
Subject: 11/5/2018 City Council Meeting-Agenda Item #34
I support approval of proposal for investigation and prosecution of illicit, unlicensed, and/or nuisance in-home
businesses by approving increase to the City's Table of Organization and appropriation of funds.
Thank You,
Nicholas Mestanas
714-375-0303
SUPPLEMENTAL
COMMUNICATION
Meeting ua�:
Agenda Item No.,- 3q
11/5/2018
PROPOSAL FOR EXPANDED PROSECUTION OF ILLEGAL
BUSINESSES AND BUSINESS-RELATED NUISANCE
- Illegal, Illicit Massage Establishments
PI - Illegal, Short-term Rental Homes
- Illegal, Marijuana Dispensaries
- Illegal, Unlicensed Sober Living &
O
HUNTINGTON BEACH Treatment Homes
Office of the City Attorney 12000 Main Street,Huntington Beach,California92648 I Phone:714-536-5555 1 Fax:714-374-1590
PROPOSAL FOR EXPANDED PROSECUTION OF ILLEGAL
BUSINESSES AND BUSINESS-RELATED NUISANCE
The health, safety and welfare of the citizens of Huntington
Beach are negatively impacted by illegal and illicit businesses
operating in the City — especially in our residential
neighborhoods.
To protect the City from the direct and secondary effects of
these illegal businesses, the City Attorney would like to
expand prosecution of illegal businesses by increasing the
number of lawsuits filed.
Office of the City Attorney 1 2000 Main Street,Huntington Beach,California 92648 1 Phone:714-536-5555 I Fax:714374-1590
SUPPLEMENTAL
COMMUNICATION
Medn9 Date. ( /—5--a
-/6
1
11/5/2018
NEW LAW ENFORCEMENT APPROACH
In working with, and negotiating with, the Orange County
District Attorney, the City Attorney's Office has a far more
effective way to prosecute illegal businesses.
The civil prosecutions would be for violations of the
Huntington Beach Municipal Code, California Government
Code, and, in partnership with the Orange County District
Attorney, Business & Professions Code § 17200, et seq.
OfficeoftheCrryAttomey 1 2000 Main Street,Huntington Beach,California 92648 1 Phone:714-536-5555 1 Fax:714-374-1590
PROPOSAL FOR EXPANDED PROSECUTION OF ILLEGAL
BUSINESSES AND BUSINESS-RELATED NUISANCE
THANK YOU...
• Chief Rob Handy and the HBPD
HUIYTINGTON BFACH • Chief David Segura and the HBFD
• Director, Ursula Luna-Reynosa and CD
• Director, Gilbert Garcia and Finance
• Rich Massi, Code Enforcement
• OCDA Tony Rackauckas
• Council Members Peterson and Semeta
Office of the City Attorney 1 2000 Main Street,Huntington Beach,Califomia92648 I Phone:714-536-5555 1 Fax:7143741590
2
11/5/2018
PROPOSAL FOR EXPANDED PROSECUTION OF ILLEGAL
BUSINESSES AND BUSINESS-RELATED NUISANCE
19 H Item (Council Member Initiative)
HUHTINGTOHKMH Refresher by
Mayor Pro Tern Erik Peterson
Office of the City Attorney 1 2000 Main Street,Huntington Beach,California 92648 1 Phone:714-53Cr5555 I Fax:714374-1590
PROPOSAL FOR EXPANDED PROSECUTION OF ILLEGAL
BUSINESSES AND BUSINESS-RELATED NUISANCE
1. Hire one new attorney in the City Attorney's Office to work up,
prepare, and file lawsuits, attend court proceedings, and try cases.
Anticipated case load with a full-time effort is a rolling average of 40
civil cases.
2. Retain one part-time subject matter expert consultant with a
background in the specific operations and investigation of the
businesses at issue [5-10 hours/week].
3. Retain one part-time investigator with a background in law
enforcement to perform field investigations and build cases [15
hours/week; may require non-traditional work hours, including
nights and weekends, as necessary].
Office of the City Attorney 1 2000 Main Street,Huntington Beach,California92648 I Phone:714-536-5555 1 Fax:714-374-1590
3
11/5/2018
THE LAW
NUISANCE— Huntington Beach Municipal Code, Chapter 17.10
ILLEGAL BUSINESS PRACTICE— Business& Professions Code, Section 17200
1. A nuisance is any activity or condition that affects the social and economic
stability of neighborhoods, impairs property values, and or is injurious or
detrimental to the health, safety and general welfare of the citizens of Huntington
Beach: Any activity, condition or premise(s) maintained as described is declared to
be a public nuisance and shall be abated by cessation of the activity, rehabilitation,
demolition, removal, repair or other appropriate remedy.
2. Illegal Business is any unlawful, unfair, or fraudulent business act or practice
(including not properly licensed or regulated businesses as required by State law)
and unfair, deceptive, untrue or misleading advertising and any act prohibited by
Chapter 1 (commencing with Section 17500) of Part 3 of Division 7 of the Business
and Professions Code.
Office of the City Attorney 1 2000 Main Street,Huntington Beach,California 92648 1 Phone:714-536-5555 1 Fax:714-374-1590
AREAS OF ILLEGAL OR POTENTIALLY ILLEGAL BUSINESSES
1. Massage Establishments
• In violation of the HBMC, Zoning
2. Short-term Rental Homes
• In violation of the HBMC, Zoning
3. Marijuana Dispensaries
• In violation of the HBMC, Zoning, and California Business &
Professions Code, Section 17200
4. Unlicensed Sober Living & Treatment Homes
• In violation of the HBMC, Zoning, and California Business &
Professions Code, Section 17200
Office ofthe City Attorney 1 2000 Main Street,Huntington Beach,California 92648 1 Phone:714-536-5555 1 Fax:714374-1590
4
11/5/2018
MASSAGE ESTABLISHMENTS
Huntington Beach Municipal Code § 5.24, et seq., sets forth strict
requirements and regulations for Massage Establishments in
Huntington Beach. Pursuant to HBMC § 5.24.105, any Massage
Establishment operated, conducted, or maintained contrary to the
provisions of this Chapter and State laws shall be and the same is
hereby declared to be unlawful and a public nuisance.
All known Massage Establishments have come into compliance and are
operating in the City of Huntington Beach have both an Establishment
Registration Certificate and an HB Business License.
OffioeoftheC'rtyAttomey 1 2000 Main Street,Huntington Beach,Caiifornia92648 i Phone:714-536-5555 1 Fax:714-374-1590
SHORT-TERM RENTAL HOMES
Huntington Beach's Zoning and Subdivision Code does not permit the
commercial operation of short-term vacation rentals from single-family
dwellings located within an RL District and few, if any, residential properties
within an RMH-A District would qualify for a Visitor Accommodation use.
The market for short-term rental housing fluctuates widely on a season basis
and exact numbers are not known. However:
• In 2017, Code Enforcement received appx. 110 short-term vacation
rental complaints; in 2018, received appx. 53 complaints to date.
• Estimated number of short-term rental houses is 700.
Office ofthe City Attorney 1 2000 Main Street,Huntington Beach,California 92648 1 Phone:714-536-5555 1 Fax:714-374-1590 :c
5
11/5/2018
MARIJUANA DISPENSARIES
Currently Only 1 Illegal
Marijuana Dispensary Business
Currently Operating in HB
12 Illegal Marijuana
Dispensary Businesses Shut
Down by City Attorney's Office
Since 2016
Office of the City Attorney 1 2000 Main Street,Huntington Beach,California 92648 1 Phone:714-536-5555 1 Fax:714-3741.590,
MARIJUANA DISPENSARIES S NSARIES
• Cost of City's work to shut 12 Illegal Marijuana
Dispensaries: Approximately 720 Hours of in-house attorney
time on a part-time basis, not including Code Enforcement
time.
• To date, City has recovered more than $475,000 in
Attorney's Fees, penalties, fines in shutting these 12 Illegal
Dispensaries; in process of recovering another estimated
$900,000.
Office ofthe City Attorney 1 2000 Main Street,Huntington Beach,Califomia 92648 I Phone:714-536-5555 1 Fax:714-374-1590
6
11/5/2018
UNLICENSED SOBER LIVING & TREATMENT HOMES
Treatment facilities providing 24-hour, nonmedical, residential,
alcoholism or drug abuse recovery or treatment services to
adults, are required to first obtain a license from the California
Department of Alcohol and Drug Programs.
Properly licensed Treatment Facilities are legal.
Sober Living Homes not providing Treatment Services are
legal.
Sober Living homes that are performing Treatment Services
without a license are illegal.
Office of the City Attorney 1 2000 Main Street,Huntington Beach,California92648 I Phone:714-536-5555 1 Fax:714-374-1590
UNLICENSED SOBER LIVING & TREATMENT HOMES
IF
r
m
�' s
office of the C Atto Huntington M mey � 2000 Main Street,Huntin on Beach,California 92648 Phone:714536-5555 Fax:7143741590
7
11/5/2018
i
UNLICENSED SOBER LIVING & TREATMENT HOMES
=-+a ■75 1 AR 177 Ile 179 1 271 : 272 273
100+
Sober Living Homes & Recovery and
Treatment Facilities 41�
Only appx. 40
113 434 435 4:u, 4-1
Treatment Facilities properly licensed by
the California Department of Health `�' °°' 446 '': 7
Services 453 454 466
r
Office of the City Attorney 120DO Main Street,Huntington Beach,Califomia92648 Phone:714-536-5555 Fax:714-374-1590
UNLICENSED SOBER LIVING
& TREATMENT HOMES
The penalties for violating Business & Professions Code § 17200,
et seq., are stiff, and include:
• Penalties in the amount of $2,500.00 for each violation on the
Property for each day a violation has existed on the Property.
• For disgorgement of profits the Defendants, each of them,
obtained through their unlawful business practices.
• The City of Huntington Beach shares, 50/50, all monetary
recovery from successful prosecutions. Estimated annual in
the $100,000.00's.
Office of the City Attorney 1 2000 Main Street,Huntington Beach,California 92648 1 Phone:714-536-5555 1 Fax:714-374-1590 lf:
8
I
11/5/2018
PROPOSAL FOR EXPANDED PROSECUTION OF ILLEGAL
BUSINESSES AND BUSINESS-RELATED NUISANCE
1. Hire one new attorney in the City Attorney's Office to work up,
prepare, and file lawsuits, attend court proceedings, and try cases.
Anticipated case load with a full-time effort is a rolling average of 40
civil cases.
2. Retain one part-time subject matter expert consultant with a
background in the specific operations and investigation of the
businesses at issue [5-10 hours/week].
3. Retain one part-time investigator with a background in law
enforcement to perform field investigations and build cases [15
hours/week; may require non-traditional work hours, including
nights and weekends, as necessary].
Office of the City Attorney 1 2000 Main Street,Huntington Beach,Caiifcrnia 92648 j Phone:714-536-5555 i Fax:714-374-1590 17
AREAS OF ILLEGAL OR POTENTIALLY ILLEGAL BUSINESSES
1. Massage Establishments
• In violation of the HBMC, Zoning
2. Short-term Rental Homes
• In violation of the HBMC, Zoning
3. Marijuana Dispensaries
• In violation of the HBMC, Zoning, and California Business &
Professions Code, Section 17200
4. Unlicensed Sober Living & Treatment Homes
• In violation of the HBMC, Zoning, and California Business &
Professions Code, Section 17200
Office of the City Attorney 1 2000MainStreet,HuntingtonBeach,California92648 1 Phone:714-536-5555 Fax:714-374-1590 1s
9
11/S/2018
PROPOSAL FOR EXPANDED PROSECUTION OF ILLEGAL
BUSINESSES AND BUSINESS-RELATED NUISANCE
The health, safety and welfare of the citizens of Huntington
Beach are negatively impacted by illegal and illicit businesses
operating in the City — especially in our residential
neighborhoods.
To protect the City from the direct and secondary effects of
these illegal businesses, the City Attorney would like to
expand prosecution of illegal businesses by increasing the
number of lawsuits filed.
Office of the City Attorney 1 2000 Main Street,Huntington Beach,California 92648 1 Phone:714-536-5555 1 Fax:714-374-1590 19
HUNTINGTON BEACH
OfficeoftheCrtyktomey 1 2000 Main Street,Huntington Beach,Cafifomia92648 I Phone:714-536-5555 1 Fax:714-374-1590 20
10
Harper, Gloria
From: Mark Bixby <mark@bixby.org>
Sent: Saturday, November 03, 2018 2:47 PM
To: Agenda Comment; CITY COUNCIL; Estanislau, Robin
Cc: Fikes, Cathy; CITY COUNCIL
Subject: Nov 5th CC agenda comments-- SUPPORT#34, OPPOSE#35
AGENDA COMMENT
Dear city council,
There is an important pair of items on the city council agenda for Monday Nov 5th.
I wholeheartedly SUPPORT item#34 on the consent calendar which provides funding for additional city staff to crack
down on illegal business activity such as short-term rentals, sober living homes, and the like.
Laws have no meaning without enforcement. If you are in violation of the law by running an illegal business,you either
need to come into compliance, or be subject to all penalties provided under the law until the illegal activity ceases, or
work to get the law changed.
I've heard through the grapevine that short-term rental operators will be showing up in force Monday night at the
council meeting to oppose enforcement, to which I say"boo hoo". Short-term rentals are flatly illegal under the zoning
code and I hope that any admissions that are made from the podium about operating short-term rentals will be held
against the violators in the coming enforcement efforts.
The companion agenda item to this enforcement effort is item#35, which I wholeheartedly OPPOSE. It exempts the City
Attorney's Office (CAO) from following regular city procurement processes for any contracts for outside legal services,
even services that have nothing to do with the enforcement efforts in item#34.
Without competitive bidding and public oversight, there's no assurance of getting legal services for the best price from
the most qualified outside consultants. I want the enforcement efforts to be more than election year grandstanding and
to be financially sustainable over the long haul. Competitive bidding will be key to that, but#35 aims to prevent
competition and transparency. #35 will end up costing the city more for legal services.
The argument the staff report attempts to make that legal services procurement transparency will compromise
investigations is unsupported and ultimately specious. City strategy will be laid bare for all to see for the very first
administrative orjudicial prosecution of each violation category.
Item#35 eliminates all public oversight over CAO spending on outside legal consultants for any purpose. Sure, periodic
reports will be made to the city council during closed session, but there's still no public oversight outside of city hall on
how our tax dollars are being spent for those consultants.
Anybody who reads newspapers regularly(I'm hopelessly quaint, LOL) knows that when city procurement operates in
the shadows, contracting abuses such as nepotism and cronyism can result, short-changing the taxpayers financially, and
possibly hobbling the intended enforcement efforts if unqualified consultants are being hired.
Eliminating transparency and public oversight over CAO legal services contracting is a bad idea.Just say.NO.
SUPPLEMENTAL
Mark Bixby COMMUNICATION
17451 Hillgate Ln _ 2
Huntington Beach, CA 92649-4707
i M*edng
Agenda item No.
Harper, Gloria
From: Dombo, Johanna
Sent: Monday, November 05, 2018 8:35 AM
To: Agenda Comment
Cc: Fikes, Cathy; CITY COUNCIL
Subject: FW: Support of agenda item 34
AGENDA COMMENT
-----Original Message-----
From: danielshb@yahoo.com <danielshb@yahoo.com>
Sent: Sunday, November 04, 2018 10:00 PM
To: CITY COUNCIL<city.council@surfcity-hb.org>
Subject: Support of agenda item 34
Good afternoon
My name is Lisa Daniels and I live at 804 huntington street in old town Huntington Beach.
I have seen a noticeable difference with the 5 sober living homes With in view from my home since our town hall
meeting a few weeks ago!
I FULLY SUPPORT AGENDA ITEM 34! We need help overseeing these nuisances in our residential neighborhoods!
Thank you
Lisa Daniels
Sent from my iPhone
SUPPLEMENTAL
COMMUNICATION
Meeft Dot&
Agenda nem Plo: ( r ` 73/
Harper, Gloria
From: Dombo, Johanna
Sent: Monday, November 05, 2018 8:37 AM
To: Agenda Comment
Cc: Fikes, Cathy; CITY COUNCIL
Subject: FW: Support for Agenda item 34
AGENDA COMMENT
From: EVENT EXPOS<eventexpos@gmail.com>
Sent: Monday, November 05, 2018 7:34 AM
To: CITY COUNCIL<city.council@surfcity-hb.org>
Subject:Support for Agenda item 34
Please vote in favor of agenda items 34...including a) b) c)... We need follow through to stop the
invasion of illegal businesses to our city.
Thank You
Yvonne Mauro
5iUPPL MENTAL
COMMUNICATION
Date: /;- �
Harper, Gloria
From: Dombo, Johanna
Sent: Monday, November 05, 2018 8:37 AM
To: Agenda Comment
Cc: Fikes, Cathy; CITY COUNCIL
Subject: FW: Please Support Agenda Item 34
AGENDA COMMENT
Johanna Domko
Executive Assistant
Office of the City Manager, City of Huntington beach
714.556.5575
Johanna.dombo@surfcity-hb.org
From: Cari Swan <cswanie@aol.com>
Sent: Monday, November 05, 2018 6:25 AM
To: CITY COUNCIL<city.council@surfcity-hb.org>
Subject: Please Support Agenda Item 34
Dear Mayor Posey and Council Members,
I am writing in support of Agenda Item 34 and approval of funding to properly staff and investigate the issue of nuisance
in-home businesses.
While it is rare for me to be in favor of added budget or staff, we have clearly reached a critical situation in HB that is
seriously and adversely affecting our safety and quality of life. After countless meetings with State and Federal
legislators, I think it has become apparent that we cannot simply sit-back and wait for proper legislation to address the
issues of unlicensed in-home businesses in our city, most notably addition treatment home that hide behind the mask of
"sober living".
Our city attorney's office has a proven track record of effectively prosecuting crime and I believe we need to expand this
into the crime that has been perpetrated into our neighborhoods.
We have a unique opportunity through prosecuting the bad and illegal businesses to take back our neighborhoods and, I
would argue, set the bar high and safe for those that do operate legally and safely.
Respectfully,
Cari Swan
20412 Mansard Lane
SUPPLEMENTAL
COMMUNICATION
Mee"Date: / `S ��
Agenda Iten,No:
J
1
Harper, Gloria
From: Dombo, Johanna
Sent: Monday, November 05, 2018 8:38 AM
To: Agenda Comment
Cc: Fikes, Cathy; CITY COUNCIL
Subject: FW: Support for Agenda Item 34
AGENDA COMMENT
From: Cathy Young<catyoung913@gmail.com>
Sent: Monday, November 05, 2018 6:00 AM
To: CITY COUNCIL<city.council@surfcity-hb.org>
Subject: Support for Agenda Item 34
Dear Council,
Please Support for Agenda Item 34 to help our city"recover" from the recovery business that have flooded our streets,
destroyed our once peaceful neighborhoods, increased the petty crimes, exploded the homelessness and allowed
senseless deaths and overdoses to take place within Huntington Beach. Before California street was taken over by
addicts I never thought I would sell my home of 23 years and want to live anywhere else. Now I cannot imagine staying in
HB much longer, if the city continues to allow these business to ruin our city. These business must be in a business
zoned area and they must be regulated so the addicts can get the treatment they need. All you have done is allowed
greedy home owners and greedy"businesses" to profit off of the loopholes created by our government. Allow Michael
Gates to stop this crime where it counts, in their pockets! Give him the approval and allow him to go after every one of
these illegal businesses and take back their illegal profits!
Sincerely,
Catherine Young
913 California St
SUPPLEMENTAL
COMMUNICATION
Meeft Date:
Agenda bm Io: 3t4 ( �a- q l
Harper, Gloria
From: Dombo, Johanna
Sent: Monday, November 05, 2018 8:48 AM
To: Agenda Comment
Cc: Fikes, Cathy; CITY COUNCIL
Subject: FW: Item 34
AGENDA COMMENT
From:Jotighuman <jotighuman@aol.com>
Sent: Monday, November 05, 2018 8:45 AM
To: CITY COUNCIL<city.council@surfcity-hb.org>
Subject: Item 34
I am in favor of the additional moneys asked by Mr Gates to deal with SLH's
SLH's are out of control in Huntington Beach
Thanks
Joti Ghuman
joti human2aol.com
SUPPLEMENTAL
COMMUNICATION
2,L �3_
Agenda Item No.•
i
Harper, Gloria
From: Dombo, Johanna
Sent: Monday, November 05, 2018 11:03 AM SUPPLEMENTAL
To: Agenda Comment
Cc: Fikes, Cathy; CITY COUNCIL COMMUNICATION
Subject: FW: Agenda 34 SBLH Laws and Regualtions
Meeting Date: J _��
AGENDA COMMENT
LI-13)
Agenda Item No.,• ` ��
From: M Dardis<mdardis@verizon.net>
Sent: Monday, November 05, 2018 10:45 AM
To: CITY COUNCIL<city.council@surfcity-hb.org>; Wilson, Fred <Fred.Wilson@surfcity-hb.org>; Dereszynski, David
<DDereszynski@hbpd.org>; Fikes, Cathy<CFikes@surfcity-hb.org>; Graham, Antonia <Antonia.Graham@surfcity-
h b.o rg>
Cc: mdardis@verizon.net
Subject: Re: Agenda 34 SBLH Laws and Regualtions
Mayor Posey and Honorable HB City Council members:
There are no laws in Huntington Beach CA governing the relationship
between Sober Living Homes and treatment programs.
• Certification of recovery residences does not even exist. Why?.
• Voluntary controls, under the premise that SBLH living and
treatment programs are entirely separate creatures.
• In other states, that may be the case and SBLH has historically
enjoyed an autonomy (such as the reputable Oxford House
International charter model) which led to multitudes of success
stories of people finding their own path to recovery and sustained
sobriety.
• Now HB has deemed itself as a "treatment destination", the concept
of the "sober living home " or "recovery residences" began to turn
from an altruistic endeavor to a concern over where and how to house
patients while they were in treatment.
• By coming to HB for treatment, patients clearly need a place to stay
when not in clinical session.
• These homes, referred to as the "Community Housing" component of
a "Day or Night Treatment with Community Housing", may or may
not provide any form of peer-supported living. It is at the discretion
of the provider.
PROBLEM AREAS THAT NEEDS TO BE ADDRESSED
And that is where the problem comes in, as far as the Fair Housing Act is
concerned.
• Such a home is, by all definitions, a "house," but is it a "boarding
house?" A "dormitory?". A "hotel for addicts" while in treatment?
• The Fair Housing Act (FHA) only protects "dwellings." It also
protects the right of all persons to "choose their own `home".
® The FHA does supersede local zoning codes that wrongfully
differentiate between homes for people related by blood or marriage
and homes where people live "as the functional equivalent of a
biological family."
® The FHA and ADA, however, does not allow a Recovery "Bed &
Breakfast" to exist wherever it wants to.
The Pill Mill Epidemic became replaced with the Opioid Epidemic across
the country; people quickly flocked to Google and other informational
websites to try to find out what "sobriety" was and where to find it.
• Newly-christened addiction treatment p
entrepreneurs, due in large art
p g
to the Great Recession of 2008, began snapping up residential real
estate across HB and Orange County in order to provide these
supposed "sober living homes" to meet the growing demand.
• Then, with the passage of the Patient Protection and Affordable Care
Act of 2010, the requirement that insurance carriers pay health care
benefits to include addiction treatment fueled the growth of the
industry.
• However, the barrier to entry was (and remains) rather low, and the
housing component remains a necessary part in order to have
somewhere to "keep" patients while not providing them with clinical
services.
2
® Thus, the "Sober Living Home" problem began as boarding houses
for people brand-new to recovery replaced reputable sober living.
• This new reality caused local elected officials to plea to the federal
government to revisit the Fair Housing Act and the Americans with
Disabilities Act, stating that those laws never intended for residential
neighborhoods to become de facto hospital districts for persons just
released from Detoxification services.
• At a minimum, they argued, there should be some modicum of
standard for such housing no different than Assisted Living or any
other form of supervised group living arrangement. Stated otherwise,
the FHA and ADA do not trump those regulations; why does sober
living associated with a treatment program get a free pass?
Rehab Riviera Problem areas
The problem f o unregulated sober homes only continues to flourish, as
the clear nexus between the locations of overdose deaths and unregulated
"sober homes" became abundantly clear.
RecoveryHomes make Tough and Uncontrollablei
g Neighbors. �
1 . Crowded parking in and around rehab related cars and unauthorized
visitors
2. People walking up and down the streets in our neighborhood
3. Loud noises at 10:00 p.m while we are trying to sleep
4. High degree of smoking legal or vaping coming into our yards
5. Plenty of needles and even found one in a 24 Hour Fitness location
used from visitors from an SBLH.
6. Needles found in our City Parks as they are just thrown there for
children to step on or pick up
7. Public urination is a common problem
8. Vomit on the taxpayers lawns
9. OD's that have to be cared for at taxpayers expense
3
10. When the PPO insurance runs out the patient is kicked to the
curb
11 . Increase in young homeless population as the x patients have no
place to go let alone return home to the East Coast.
12. The x-patients are dumped anywhere from our parks to the local
busy street curb with their suitcase on wheels or the familiar black
bag of clothes.
13. Kickbacks are paid for new patients
14. Patient Brokering
15. Final nail in the coffin is there are no Sales Tax let alone license
fees paid to HB to help offset the costs of Police and Fire Protection ;
let alone Paramedic services provided for emergencies at no cost.
Remember each 4 to 6 bedroom SBLH generates a minimum of
$244,000.00 in revenue per year that is not taxed.
Then we have the rogue operators who take and take and provide no
services other than 3 hots and a cot.
It is up to you, the HB City Council to enact laws and study the Prescott
Plan, the Vermont Plan and the Florida laws on SBLH...... Do not go and
hide behind the ADA act as we do SUPPORT Agenda 34 item as the
beginning.
Milt Dardis
SEHB Resident and Taxpayer
714 968 3409
4
Harper, Gloria ,
From: Dombo, Johanna
Sent: Monday, November 05, 2018 11:12 AM
To: Agenda Comment
Cc: Fikes, Cathy; CITY COUNCIL
Subject: FW: Agenda#34
AGENDA COMMENT
From: Shannon Slater<shannonslate7@yahoo.com>
Sent: Monday, November 05, 2018 11:08 AM
To: CITY COUNCIL<city.council@surfcity-hb.org>
Subject: Agenda #34
Dear City Council,
Please help rid our city of illegal in-home businesses such as illegally run rehab/sober living homes.
As a home owner and tax payer, I fully support the allocation of monies to be set toward Agenda 34. Whatever
city attorney Micheal Gates suggests is what I fully support.
Thank you,
Shannon Slater
Sent from Yahoo Mail for iPhone
SUPPLEMENTAL
COMMUNICATION
Mewing Date: /%, /1�3
Agenda Item No.:
1
ened
Work Order: #125942 111p/05/2018 Closed:
ISLI!l�7 l 7lYV.� i@ mg*mw LA7lyoM@@dmdm Btu-.ISVU 'ft ft
By Patricia Smith
Agenda & Public Hearing Comments Email patricia.smith@juno.co
m
SUB TYPE Phone
City Council Meeting Device
STREET ADDRESS
Media Submitted
None
0
COMMENTS &ADDITIONAL NOTES
short term vacation rentals-agenda item 34 on 11/5/18 Hello,I urge all council members to
vote no on agenda item 34 on 11/5/18 Short term vacation rentals are here to stay and the city
should be compromising and working with entrepreneurs who want to open their come to
guests.STVR are a way for home owners to supplement their income(especially important for
seniors on a fixed income)and stay in their homes.Visitors are more likely to stay in the city to
spend their vacation dollars if hosts are referring them to local and affordable shops and
restaurants.There are many people today who will not stay in hotels when travelling and by
refusing to let our residents provide this service is losing revenue for them and the city.I hope
the council will vote no or postpone a vote until more research can be done.Please do not
assume all STVR are party houses. �SUPPLEMENTAL
`„eOMI UNNICA!ION
Status Changed: 11/05/2018 11:04 AM Johanna Dombo
a � l - '�—✓8
Work Order#125942 status has changed from new to assigned. Meeting Dete:
Share with Citizen:YES j/
Agenda Ken,No.• 3�1 ( I 8 - /-0
Issue Type/Subtype Changed: 11/05/2018 11:04 AM Johanna Dombo
Workorder#125942 Issue type changed from City Council to Agenda&Public Hearing Comments and
subtype City Council Meeting.
Share with Citizen:NO
Harper, Gloria
From: Fikes, Cathy
Sent: Monday, November 05, 2018 1:29 PM
To: Harper, Gloria
Subject: FW: Agenda Item#34
From: vickissj@aol.com <vickissj@aol.com>
Sent: Monday, November 05, 2018 12:31 PM
To: CITY COUNCIL<city.council@surfcity-hb.org>
Subject:Agenda Item#34
Dear Council Members,
I am writing to urge your support of agenda item#34 at the meeting this evening.
As a 26 year resident of the city who has a sober living home in very near proximity, I have seen a negative effect on the
safety of my, once very quiet, neighborhood. We have had residents of the facility walking down our street getting high, an
increased number of car break-ins and a drug deal caught on the security camera of another neighbor. All this two houses
away from an elementary school.
Thank you for your consideration.
Sincerely,
Victoria Gray
SUPPLEMENTAL
COMMUNICATION
Meeting
Agenda Item No.
i
Harper, Gloria
From: Fikes, Cathy
Sent: Monday, November 05, 2018 1:29 PM
To: Harper, Gloria
Subject: FW: Agenda item 34
-----Original Message-----
From: Mike D<hbsurfer@gmail.com>
Sent: Monday, November 05, 2018 1:04 PM
To: CITY COUNCIL<city.council@surfcity-hb.org>
Subject: Agenda item 34
Dear Council-members
I'll make this brief, as you probably all know my position on this from the Huntington Beach Community Forum.
Please protect us residents from the public nuisance of SLHs (there are two on my block!).These businesses that seem
to be a money grab in our residential neighborhoods, and in some cases seem to be real-estate scams.This has been a
serious problem for residents. Home values decrease, short term residents of them are regularly thrown out on the
streets with zero concern of SLH administration which increases our homeless population. Nobody that lives next to a
SLH would deny this.... it's time council put you foot down and protect constituents!
Thank you for your consideration,
Michael Daly, down town resident
Sent from my Wad
SUPPLEMENTAL
COMMUNICATION
Meeting Date:
Agenda R m No.'
i
Harper, Gloria
From: Dombo, Johanna
Sent: Monday, November 05, 2018 2:07 PM
To: Agenda Comment
Cc: Fikes, Cathy; CITY COUNCIL
Subject: FW: Support for Agenda Item 34
AGENDA COMMENT
From: Ron Troxell <rt@troxellusa.com>
Sent: Monday, November 05, 2018 1:59 PM
To:CITY COUNCIL<city.council@surfcity-hb.org>
Subject:Support for Agenda Item 34
P■°rawaru'� i
INSTALLATION TOOLS 8 ACCESSORIES
Agenda Item 34
City Council,
Approve a proposal for investigation and prosecution of illicit, unlicensed, and/or nuisance in-home
businesses by approving increase to the City's Table of Organization and appropriation of funds
A) Approve an increase to the City's Table of Organization by 1.0 Senior Deputy Attorney; and,
B) Approve an appropriation increase of$222,800 in Personnel Services to fund the additional
position at Step C; and,
C) Approve an increase appropriation and professional services authority by $90,000 for a subject
matter expert and an investigator.
SUPPLEMENTAL
COMMUNICATION
fir' t
Ron Troxell Meeting Date:
18392 Enterprise Lane
Huntington Beach CA 92648
Te:714-847-0880
Fx:714-847-4242 Agenda Item No.: y /S%— /t �J�
Cell 714.733.3042
Connect or Share the new Twist Level System
• yoll
i
Harper, Gloria
From: Dombo, Johanna
Sent: Monday, November 05, 2018 2:08 PM
To: Agenda Comment
Cc: Fikes, Cathy; CITY COUNCIL
Subject: FW: Illegal in home businesses -Agenda Item#34
AGENDA COMMENT
From: geri griffin <geri.griffin@gmail.com>
Sent: Monday, November 05, 2018 1:48 PM
To: CITY COUNCIL<city.council@surfcity-hb.org>
Subject: Illegal in home businesses-Agenda Item#34
Dear City Council Members,
I support Agenda Item 434. I do not have any problems with illegal sober living homes but would like to keep it
that way. I believe I do have a short term rental 2 doors from me. From what I understand, anything less than 30
days is illegal, but I will say it has not been a problem.
Thank you,
Geri Dixon
SUPPLEMENTAL
COMMUNICATION
Meet%Date:
Agenda Item No.: 3 q
Harper, Gloria
From: Mark Bixby<mark@bixby.org>
Sent: Saturday, November 03, 2018 2:47 PM
To: Agenda Comment; CITY COUNCIL; Estanislau, Robin
Cc: Fikes, Cathy; CITY COUNCIL -----i
Subject: Nov 5th CC agenda comments-- SUPPORT#34, OPPOSE#351
AGENDA COMMENT
Dear city council,
There is an important pair of items on the city council agenda for Monday Nov 5th.
I wholeheartedly SUPPORT item #34 on the consent calendar which provides funding for additional city staff to crack
down on illegal business activity such as short-term rentals, sober living homes, and the like.
Laws have no meaning without enforcement. If you are in violation of the law by running an illegal business, you either
need to come into compliance, or be subject to all penalties provided under the law until the illegal activity ceases, or
work to get the law changed.
I've heard through the grapevine that short-term rental operators will be showing up in force Monday night at the
council meeting to oppose enforcement, to which I say "boo hoo". Short-term rentals are flatly illegal under the zoning
code and I hope that any admissions that are made from the podium about operating short-term rentals will be held
against the violators in the coming enforcement efforts.
The companion agenda item to this enforcement effort is item#35, which I wholeheartedly OPPOSE. It exempts the City
Attorney's Office (CAO)from following regular city procurement processes for any contracts for outside legal services,
even services that have nothing to do with the enforcement efforts in item #34.
Without competitive bidding and public oversight, there's no assurance of getting legal services for the best price from
the most qualified outside consultants. I want the enforcement efforts to be more than election year grandstanding and
to be financially sustainable over the long haul. Competitive bidding will be key to that, but#35 aims to prevent
competition and transparency. #35 will end up costing the city more for legal services.
The argument the staff report attempts to make that legal services procurement transparency will compromise
investigations is unsupported and ultimately specious. City strategy will be laid bare for all to see for the very first
administrative orjudicial prosecution of each violation category.
Item 3 leliminates all public oversight over CAO spending on outside legal consultants for any purpose. Sure, periodic
reports will be made to the city council during closed session, but there's still no public oversight outside of city hall on
how our tax dollars are being spent for those consultants.
Anybody who reads newspapers regularly (I'm hopelessly quaint, LOL) knows that when city procurement operates in
the shadows, contracting abuses such as nepotism and cronyism can result, short-changing the taxpayers financially, and
possibly hobbling the intended enforcement efforts if unqualified consultants are being hired.
Eliminating transparency and public oversight over CAO legal services contracting is a bad idea.Just say NO.
SUPPLEMENTAL
Mark Bixby COMMUNICATION
17451 Hillgate Ln
Huntington Beach, CA 92649-4707
Meeting Date:, ,
1
Agenda rem No.,-
Harper, Gloria
From: Julie Bixby <julie@bixby.org>
Sent: Saturday, November 03, 2018 8:07 PM
To: Agenda Comment; CITY COUNCIL; Estanislau, Robin SUPPLEMENTAL
Cc: Fikes, Cathy; CITY COUNCIL COMMUNICATION
Subject: Nov 5, 2018 -agenda item#35
mom: - C— 3
AGENDA COMMENT
Dear City Council members, Agends tam .,
I have some questions and concerns regarding agenda item #35 (introduction Ordinance No.
4169). 1 hope the following topics will be addressed during the Council
meeting before a vote is taken so that
A) the public can better understand the justification for the item, and
B) a more informed opinion can be reached by the Council members as to whether or not this new
policy should be adopted.
First of all, the big concern here is the lack of transparency this new policy proposes, which
effectively repeals the oversight role the Council plays in spending decisions. The fiscally prudent
thing to do is to get responsible, vetted bids, and this proposal apparently eliminates that for legal
services. How is the Council or public to know if it's getting the best bang for its buck? Not to say
that wasteful spending will definitely occur with adoption of this proposed ordinance, but it does
open the door a crack to the possibility, and the public -- which, after all, elects the City Attorney --
would be none the wiser.
The staff report also says this proposal is due in part to the Brown Act -- and yet the Brown Act's
primary concern is for government transparency, a seeming contradiction. The rather terse
"Analysis" in the staff report does not resolve this discrepancy.
Questions raised by this agenda item:
1) The staff report doesn't say what other cities do. It would be incredibly
helpful if it explained something like "Huntington Beach is the only
Orange County city that doesn't have this policy", or if it noted that other
California cities of similar size have similar practices (and *list* those
specific cities) -- as the case may be. How do we know if HB is an outlier
or not, and really should be getting its act together as the staff report
claims, if there is no basis for comparison?
2) If the City really is out of compliance with so many statutes ("a host of other State Law and
rules") as the staff report claims, why has the City been allowed to get away with it all this
i
time? Why is there no apparent penalty? City Code 3.03.080 looks like it was last updated in
2010, and no one has said anything until now.
3) The City has been making a big to-do in recent years about being a
Charter City -- to the point that the City has filed suit a few times to say it
is exempt from some State laws due to its Charter status. Agenda item
#35 says it's to bring the City in compliance with State law, but that then
begs the question: Why is a Charter City exempt from some State laws but
not others? Being in compliance with State law used to be
straightforward, but thanks to the lawsuits, now there is uncertainty
whether it's required all the time or not. [Perhaps future proposed
Ordinances need a new RCA section on Charter City impact?].
In conclusion, I hope the Council will do its due diligence in getting answers to these questions and
concerns before potentially loosening its oversight of taxpayer dollars.
Thank you.
Julie Bixby
Huntington Beach, CA
2
Work Order: #125887 1111/05/2018 Closed:
This issue is new Est. Resolution Date: Not Yet Set
By Dan Jamieson
Agenda & Public Hearing Comments Email danjamieson4@hotmail
.com
SUB TYPE Phone 714-316-9866
City Council Meeting Device
STREET ADDRESS
Media Submitted
None
COMMENTS &ADDITIONAL NOTES
Oppose Item 35,CC meeting 11-5-2018 Dear Council:I oppose the approval of item 35,
"Approve for introduction Ordinance No.4169 amending Sections 3.03.020 and 3.03.080 of
Chapter 3.03 of the Huntington Beach Municipal Code(HBMC)relating to Professional
Services Contracts."This proposal seems to be an unwise action to backtrack on transparency,
and open the checkbook for the City Attorney to engage in speculative lawsuits.The reasoning
for the proposal seems weak,as most City litigation does not revolve around unique legal
strategies that should be hidden from opponents.Increasing the RFP exemption to$100,000
contracts or smaller is an open invitation to waste and frivolous litigation,and hiding such
contracts from public view would go directly against the City's goal and Councilmembers'
promises to improve transparency.I urge a NO vote on this item.Sincerely,Dan Jamieson
Huntington Beach
SUPPLEMENTAL
COMMUNICATION
Medng Date I
Agenda Item Mo.• 3