HomeMy WebLinkAbout2018-06-18 Agenda PacketMEETING ASSISTANCE NOTICE: In accordance with the Americans with Disabilities Act, services are available to members
of our community who require special assistance to participate in public meetings. If you require special assistance,
48-hour prior notification will enable the City to make reasonable arrangements for an assisted listening device (ALD) for the
hearing impaired, American Sign Language interpreters, a reader during the meeting and/or large print agendas. Please
contact the City Clerk’s Office at (714) 536-5227 for more information, or request assistance from the staff or
Sergeant-at-Arms at the meeting.
PUBLIC COMMENTS: To address the legislative body on items of interest not scheduled for public hearing, Request to
Speak forms will be made available at the meeting and are collected by the staff or Sergeant at Arms. Some legislative
bodies may provide different Request to Speak forms for public hearing items.
AUDIO/VIDEO ACCESS TO BROADCASTED MEETINGS: City Council and Planning Commission meetings are televised live
on HBTV-3 Channel 3, and can be viewed via live or archived website at https://huntingtonbeach.legistar.com.
AGENDA - Final
CITY COUNCIL/PUBLIC FINANCING AUTHORITY
Monday, June 18, 2018
Council Chambers
2000 Main Street
Huntington Beach, CA 92648
Study Session - 4:30 PM
Regular Meeting - 6:00 PM
MAYOR AND CITY COUNCIL
MIKE POSEY, Mayor
ERIK PETERSON, Mayor Pro Tem
PATRICK BRENDEN, Councilmember
BARBARA DELGLEIZE, Councilmember
JILL HARDY, Councilmember
WILLIAM O’CONNELL, Councilmember
LYN SEMETA, Councilmember
STAFF
FRED A. WILSON, City Manager
MICHAEL E. GATES, City Attorney
ROBIN ESTANISLAU, City Clerk
ALISA CUTCHEN, City Treasurer
1
City Council/Public Financing Authority AGENDA - Final June 18, 2018
Based on the lack of a Study Session and time needed to cover the Closed
Session items, the meeting will be called to order at 4:30 PM
4:30 PM - COUNCIL CHAMBERS
CALL TO ORDER
ROLL CALL
O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, Brenden
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda
Distribution)
PUBLIC COMMENTS PERTAINING TO CLOSED SESSION ITEMS (3 Minute Time Limit)
RECESS TO CLOSED SESSION
CLOSED SESSION ANNOUNCEMENT(S)
18-1281.Mayor Posey to Announce: Pursuant to Government Code §
54957.6, the City Council shall recess into Closed Session to meet
with its designated labor negotiators: Peter Brown, outside
counsel and Chief Negotiator, Michele Warren, Director of Human
Resources; also in attendance: Fred Wilson, City Manager; David
Segura, Fire Chief; Robert Handy, Chief of Police; Gilbert Garcia,
Chief Financial Officer regarding the following: Huntington Beach
Firefighters' Association (HBFA), Municipal Employees’
Association (MEA) and Huntington Beach Police Officers’
Association (POA).
CLOSED SESSION
18-1202.Pursuant to Government Code § 54956.9(d)(1), the City Council
shall recess into Closed Session to confer with the City Attorney
regarding the following lawsuit:
Carlene Hanson v. City of Huntington Beach, Orange County
Superior Court Case No. 30-2016-00863143.
18-1213.Pursuant to Government Code § 54956.9(d)(1), the City Council
shall recess into Closed Session to confer with the City Attorney
regarding the following lawsuit:
Vanessa Martinez v. City of Huntington Beach, Orange County
Superior Court Case No. 30-2016-00845460.
Page 1 of 7
2
City Council/Public Financing Authority AGENDA - Final June 18, 2018
18-1264.Pursuant to Government Code § 54957.6, the City Council shall
recess into Closed Session to meet with its designated labor
negotiators: Peter Brown, outside counsel and Chief Negotiator,
Michele Warren, Director of Human Resources; also in
attendance: Fred Wilson, City Manager, David Segura, Fire Chief,
Robert Handy, Chief of Police, Gilbert Garcia, Chief Financial
Officer regarding the following: Huntington Beach Firefighters’
Association (HBFA), Municipal Employees’ Association (MEA), and
Huntington Beach Police Officers’ Association (POA).
6:00 PM – COUNCIL CHAMBERS
RECONVENE CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING
ROLL CALL
O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, Brenden
PLEDGE OF ALLEGIANCE
INVOCATION
In permitting a nonsectarian invocation, the City does not intend to proselytize or advance
any faith or belief. Neither the City nor the City Council endorses any particular religious
belief or form of invocation.
18-0895.Mark Currie of the Baha’i Faith of Huntington Beach and member
of the Greater Huntington Beach Interfaith Council
CLOSED SESSION REPORT BY CITY ATTORNEY
AWARDS AND PRESENTATIONS
18-0886.Mayor Posey to call on Community Services Commissioner and
Committee Chair Roy Miller who will announce the Youth Sports
Grants Awardees. The Youth Sports Grant Program is designed
to improve facilities for youth sports in Huntington Beach through
capital improvement projects
18-0907.Mayor Posey to present proclamation to volunteer Julie Holler of
the Alzheimer's Association-Orange County Chapter in
recognition of Alzheimer's and Brain Awareness Month (ABAM)
18-1298.Mayor Posey to call on representatives from the Huntington
Beach Police and Community Foundation who will recognize
Jeffrey Cheng, Dan Kang, and HBPD Officer Mark Wersching for
organizing the first-ever Cars N Copters on the Coast
Page 2 of 7
3
City Council/Public Financing Authority AGENDA - Final June 18, 2018
18-0929.Mayor Posey to call on Public Works Director Travis Hopkins who
will present the Mayor’s Award to Senior Civil Engineer, Andrew
Ferrigno
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda
Distribution)
PUBLIC COMMENTS (3 Minute Time Limit)
COUNCIL COMMITTEE - APPOINTMENTS - LIAISON REPORTS, AB 1234
REPORTING, AND OPENNESS IN NEGOTIATIONS DISCLOSURES
CITY MANAGER'S REPORT
CONSENT CALENDAR
18-11710. Approve and Adopt Minutes
Approve and adopt the City Council/Public Financing Authority regular meeting minutes
dated May 21, 2018, and June 4, 2018, as written and on file in the Office of the City Clerk.
Recommended Action:
18-06711.Approve the appointment of Vipe Desai to the Environmental
Board as recommended by City Council Liaisons, Mayor Posey
and Council Member Delgleize
Approve the appointment to the Environmental Board as approved by Council Liaisons,
Mayor Michael Posey and Council Member Delgleize. Vipe Desai will fill the seat left
vacant by Jessica Budica, the term expires June 30, 2019.
Recommended Action:
18-06212.Approve the Infrastructure Fund Annual Report for Fiscal Year
2016-17
Approve the Infrastructure Fund Annual Report for FY 2016-17.
Recommended Action:
18-09713.Award and authorize execution of a construction contract in the
amount of $2,688,583.50 to GMC Engineering, Inc. for the Atlanta
Avenue Widening, CC-1319; approve the appropriation of
$2,153,000 from the Traffic Impact Fee undesignated fund balance;
and, authorize 20% in contingency funds
A) Accept the lowest responsive and responsible bid submitted by GMC Engineering,
Inc., in the amount of $2,688 ,583.50; and,
B) Approve the appropriation of $2,153,000 from the Traffic Impact Fee undesignated
Recommended Action:
Page 3 of 7
4
City Council/Public Financing Authority AGENDA - Final June 18, 2018
fund balance to Account No. 20690002.82700; and,
C) Authorize the Mayor and City Clerk to execute a construction contract in a form
approved by the City Attorney; and,
D) Authorize the Director of Public Works to approve up to twenty percent (20%) in
construction change orders; and,
E) Authorize the carry over of funds in the OCTA Construction Grant Account No.
87390017.82700, Proposition 42 Account No. 21990002.82300, and Traffic Impact Fee
Account No. 20690002.82700 .
18-11114.City Council Position on Legislation pending before the State
Legislature as recommended by the City Council
Intergovernmental Relations Committee (IRC)
A) Approve a City position of Oppose on Senate Bill 10 (Hertzberg) - Bail: Pretrial
Release; and,
B) Approve a City position of Oppose Senate Bill 1302 (Lara) - Cannabis - Local
Jurisdiction: Prohibitions on Delivery.
Recommended Action:
18-10115.Adopt Resolution No. 2018-35 concerning the status and update
of the Pavement Management Plan (PMP) for the Measure M2 (M2)
Program
Adopt Resolution No. 2018-35, “A Resolution of the City Council of the City of Huntington
Beach Concerning the Status and Update of the Pavement Management Plan for the
Measure M2 (M2) Program.”
Recommended Action:
18-09816.Adopt Resolution No. 2018-38 authorizing City staff to apply to the
Orange County Transportation Authority (OCTA) for a Federal
Transit Section 5310 Program Grant
Adopt Resolution No. 2018-38, “A Resolution of the City Council of the City of Huntington
Beach Authorizing City Staff to Apply to the Orange County Transportation Authority for a
Federal Transit Administration Section 5310 Program Grant to Purchase Accessible Vans
and Related Equipment to Transport Elderly and Physically Challenged Persons.”
Recommended Action:
18-10717.Adopt Resolution Nos. 2018-44 and 2018-45 calling for and
consolidating with the County of Orange to conduct the General
Municipal Election for City Officers (four Members of the City
Council and a City Attorney) to be held on Tuesday, November 6,
2018
Page 4 of 7
5
City Council/Public Financing Authority AGENDA - Final June 18, 2018
A) Adopt Resolution No. 2018-44, “A Resolution of the City Council of the City of
Huntington Beach, California, Calling for the Holding of a General Municipal Election to be
held on Tuesday, November 6, 2018, for the Election of Certain Officers as Required by
the Provisions of the City Charter;” and,
B) Adopt Resolution No. 2018-45, “A Resolution of the City Council of the City of
Huntington Beach, California, Requesting the Board of Supervisors of the County of
Orange to Consolidate a General Municipal Election to be held on Tuesday, November 6,
2018, with the Statewide General Election to be held on that date Pursuant to Section
10403 of the Elections Code .”
Recommended Action:
18-01118.Receive and file Residential and Commercial Refuse Rates
Effective July 1, 2018 with Rainbow Environmental Services, a
Republic Services Company
Receive and file the Residential and Commercial Refuse Rates effective July 1, 2018.
Recommended Action:
18-05219.Approve implementation of Public Safety Small Unmanned Aircraft
System (SUAS) one-year pilot program
Approve the implementation of the one-year pilot public safety Small Unmanned Aircraft
System (SUAS) program.
Recommended Action:
18-05320.Approve and authorize execution of a 3-year Professional
Services Contract with CSG Consultants, Inc. in the amount of
$562,500 to provide Building Staffing Services; and, approve the
increase in the Community Development Department’s
Professional Services listing authority by $112,500 in FY18/19
A) Approve the increase in the Community Development Department’s professional
services listing authority by $112,500 for Building Staffing Services to ensure compliance
with Administrative Regulation Number 228, Section 7.1; and ,
B) Approve and authorize the Mayor and City Clerk to execute a Three (3) Year
“Professional Services Contract between the City of Huntington Beach and CSG
Consultants, Inc. for Building Staffing Services” in the amount of Five Hundred, Sixty Two
Thousand, Five Hundred Dollars ($562,500), as prepared and approved by the City
Attorney.
Recommended Action:
18-05421.Approve and authorize execution of contract agreement with All
City Management Services, Inc., (ACMS) for crossing guard
services
Recommended Action:
Page 5 of 7
6
City Council/Public Financing Authority AGENDA - Final June 18, 2018
Approve and authorize the Mayor and City Clerk to execute a three-year contract with a
possible two-year extension, “Agreement Between the City of Huntington Beach and All
City Management Services, Inc., for Crossing Guard Services” beginning on July 1, 2018.
PUBLIC HEARING
18-08422.Public Hearing to consider adopting Resolution No. 2018-37
establishing the Gann Appropriation Limit for Fiscal Year 2018/19
Adopt Resolution Number 2018-37, “A Resolution of the City Council of the City of
Huntington Beach Establishing the Gann Appropriation Limit for Fiscal Year 2018/19” in
the amount of $921,344,622 .
Recommended Action:
ADMINISTRATIVE ITEMS
18-08323.Approve the appointment of Ursula Luna-Reynosa to the position
of Community Development Director; and, authorize the City
Manager to execute the Employment Agreement
Approve and authorize the City Manager to execute the “Employment Agreement between
the City of Huntington Beach and Ursula Luna-Reynosa” for the position of Community
Development Director.
Recommended Action:
COUNCILMEMBER ITEMS
18-12524.City Councilmember Item for the June 18, 2018, Submitted by
Mayor Posey and Mayor Pro Tem Peterson - Councilmember State
and Federal Advocacy Travel
Direct the City Manager and the City Attorney to revise the Council travel policies to
require that all City Council Members coordinate their advocacy travel requests through the
IRC.
Recommended Action:
COUNCILMEMBER COMMENTS (Not Agendized)
ADJOURNMENT
The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing
Authority is Monday, July 2, 2018, at 4:00 PM in the Civic Center Council Chambers, 2000 Main
Street, Huntington Beach, California.
INTERNET ACCESS TO CITY COUNCIL/PUBLIC FINANCING AUTHORITY AGENDA
AND STAFF REPORT MATERIAL IS AVAILABLE PRIOR TO CITY COUNCIL MEETINGS
AT
http://www.huntingtonbeachca.gov
Page 6 of 7
7
City Council/Public Financing Authority AGENDA - Final June 18, 2018
Page 7 of 7
8
Minutes
City Council/Public Financing Authority
City of Huntington Beach
Monday, May 21, 2018
4:00 PM - Council Chambers
6:00 PM - Council Chambers
Civic Center, 2000 Main Street
Huntington Beach, California 92648
A video recording of the 4:00 PM and 6:00 PM portions of this meeting
are on file in the Office of the City Clerk, and archived at
www.surfcity-hb.org/government/agendas/
4:00 PM - COUNCIL CHAMBERS
CALLED TO ORDER — 4:00 PM
Mayor Pro Tem Peterson and Councilmember Semeta requested, and were granted, permission to be
absent pursuant to Resolution No. 2001-54.
City Attorney Michael Gates provided written notification of his absence pursuant to City Charter Section
309(d).
ROLL CALL
Present: O’Connell, Posey, Delgleize, Hardy, and Brenden
Absent: Semeta, and Peterson
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution)
Pursuant to the Brown "Open Meetings" Act, City Clerk Robin Estanislau announced supplemental
communications received by her office following distribution of the Council Agenda packet:
Study Session #1.
PowerPoint communication entitled FY 2018/2019 Capital Improvement Program (CIP)
PUBLIC COMMENTS PERTAINING TO STUDY SESSION / CLOSED SESSION ITEMS
(3 Minute Time Limit) — None
STUDY SESSION
1. Public Works Department presented the FY 2018/19 proposed Capital Improvement
Program (CIP)
Assistant City Manager Lori Ann Farrell gave a brief overview of the Capital Improvement Program and
introduced Director of Public Works Travis Hopkins who in turn introduced City Engineer Tom Herbel
who presented a PowerPoint entitled: FY 2018/2019 Capital Improvement Program (CIP) with slides
9
titled: Public Works, 17/18 Successes (6), Capital Improvement Program, Approximately $25M in New
Projects, FY 18/19 CIP Budget, CIP Funding Sources (New Appropriations), Facilities and Fleet
Infrastructure, Facilities $3.0M, Neighborhood Infrastructure, Neighborhood $3.2M, Parks and Beaches
$2.6M, Sewer Infrastructure, Sewer Improvements $4.0M, Street Infrastructure, Transportation
Infrastructure, Streets & Transportation $7.5M (3), Water Infrastructure (2), Water Improvements $4.4M,
and Unfunded/Deferred Projects.
Director of Public Works Travis Hopkins presented Reserve Policy Revisions, and the presentation
closed with details on National Public Works Week.
Councilmember O'Connell thanked staff for their good work.
Councilmember Delgleize also recognized the good work of the Public Works staff and reviewed the
Reserve Policy Revisions regarding the Water Fund with Director Hopkins.
Mayor Posey asked for elaboration on the Police lower level and jail renovation. Director Hopkins stated
that there is some preliminary funding in this CIP to handle the design of that work, and this topic is
scheduled for the next Study Session where all of the details will be presented.
RECESSED TO CLOSED SESSION — 4:23 PM
A motion was made by Delgleize, second O'Connell, to recess to Closed Session for Items 2 - 3. With
no objections, the motion carried.
Mayor Posey Announced: Pursuant to Government Code § 54957.6, the City Council takes this
opportunity to publicly introduce and identify designated labor negotiator, Assistant City Manager Lori
Ann Ferrell, who will be participating in today's Closed Session discussions regarding labor negotiations
with: Huntington Beach Firefighters' Association (HBFA), and Management Employees' Organization
(MEO).
CLOSED SESSION
2. Pursuant to Government Code § 54957.6, the City Council recessed into Closed Session to
meet with its designated labor negotiators and Lori Ann Farrell, Assistant City Manager
regarding the following: Huntington Beach Firefighters’ Association (HBFA) and
Management Employees’ Organization (MEO).
3. Pursuant to Government Code § 54956.9(d)(1), the City Council recessed into Closed
Session to confer with the City Attorney regarding the following lawsuit: Michael and Todd
Bartlett v. City of Huntington Beach/Michael Baumgartner, Orange County Superior Court
Case No. 30-2015-00778560.
6:00 PM – COUNCIL CHAMBERS
RECONVENED CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING — 6:00 PM
Mayor Pro Tem Peterson and Councilmember Semeta requested, and were granted, permission to be
absent pursuant to Resolution No. 2001-54.
10
City Attorney Michael Gates provided written notification of his absence pursuant to City Charter Section
309(d).
ROLL CALL
Present: O’Connell, Posey, Delgleize, Hardy, and Brenden
Absent: Semeta, and Peterson
PLEDGE OF ALLEGIANCE — Led by Councilmember O’Connell
INVOCATION - Deacon Tom Concitis of St. Mary's by the Sea Roman Catholic Parish and member of
the Greater Huntington Beach Interfaith Council
In permitting a nonsectarian invocation, the City does not intend to proselytize or
advance any faith or belief. Neither the City nor the City Council endorses any
particular religious belief or form of invocation.
CLOSED SESSION REPORT BY CITY ATTORNEY — None
AWARDS AND PRESENTATIONS
Marine Safety Division Chief Mike Baumgartner made an announcement regarding National
Beach Safety Week. Mayor Posey introduced Marine Safety Division Chief Mike Baumgartner who
announced National Beach Safety Week, as designated by the US Life Saving Association, as the week
before Memorial Day. Chief Baumgartner stated that a typical year sees from 3,500 to 5,000 rescues
each year on the City's beaches. He also shared 10 Beach Safety Tips which if followed would ensure a
safe beach experience. Further information about beach safety can be found at www.USLA.org. Mayor
Posey presented a City Council proclamation to acknowledge National Beach Safety Week.
Mayor Posey called on Huntington Beach Human Relations Task Force Chair, Angie Dahman,
who presented the annual Cultural Diversity Leadership Award in two categories: Ms. Hannah
Takasuka, Ocean View High School Senior (student category), and Mr. Mark Currie, President of
the Greater Huntington Beach Interfaith Council (adult category). Ms. Dahman explained this
annual Award was established in 2017 to publicly recognize Huntington Beach community leaders who
promote diversity. Ms. Takasuka, was recognized for founding the Engineering in the Community Club
which is aimed at increasing Science, Technology, Engineering and Math (STEM) careers among Title 1
elementary students. Mr. Currie was recognized for the efforts that he and his wife dedicate to bringing
together diverse members of the community through their first Saturday of each month musical forum
and breakfast. These events are attended by people of all faiths where people are encouraged to
connect and share their diverse beliefs, traditions, and build bridges of understanding.
Mayor Posey called on members of the Greater Huntington Beach Interfaith Council to provide a
recap report on the April 21 Community Service Day accomplishments. Ms. Penelope Nichols,
Community Service Day Outgoing Chair, described the 14 separate service projects which were
scheduled within Huntington Beach, and four projects that took place in surrounding communities.
Nearly 1,000 volunteers participated in these projects for this 9th Annual event.
Mayor Posey proclaimed National Public Works Week, May 20 through 26, and presented a
proclamation to Public Works Director Travis Hopkins. Mr. Hopkins acknowledged the over 200
11
staff members who ensure that the water system, sewers, storm drains, parks and streets are in working
order, and announced the Public Works Open House at Surf City Nights on Tuesday, May 22.
Mayor Posey called on members of the Huntington Beach Lions Club and presented them with a
commendation celebrating their 80th anniversary. The HB Lions Club was chartered in 1938 and
has since sponsored two additional Lions Clubs, including the largest Club in North America, the Seal
Beach Lions Club. HB Lions Club holds numerous fundraisers throughout the year, but the largest event
is the All You Can Eat Crab Fest. The HB Lions Club is a philanthropic and social organization which
focuses on humanitarian service to solve local and global social issues such as eye care and eye
glasses.
Mayor Posey called on HBPD Chief Rob Handy to present the Mayor’s Award to Sergeant
Christopher Nesmith. Chief Handy introduced Sergeant Nesmith as a 19-year member of the HBPD.
Sergeant Nesmith is in charge of the Air Support Unit (helicopters) and has brought in about $1,000,000
in grant funds, revamped the training program, re-written policy manuals, as well as increasing
knowledge of the Air Support activities in the community. Sergeant Nesmith was instrumental in setting
up the helicopter contracts with outside cities which helps to offset expenses. Sergeant Nesmith recently
graduated from the Sherman Block Leadership Institute, is a member of the SWAT team, and a long-time
firearms instructor. The City’s 70,000 hours of helicopter time without any accidents was acknowledged
last year by McDonnell Douglas. This accomplishment is a result of Sergeant Nesmith’s leadership.
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) —
City Clerk Robin Estanislau announced that all Supplemental Communications were related to Public
Hearing items and will be announced at the time of the appropriate item.
PUBLIC COMMENTS (3 Minute Time Limit) — 6 Speakers
The number [hh:mm:ss] following the speakers' comments indicates their approximate starting time in
the archived video located at http://www.surfcity-hb.org/government/agendas.
Kim Kramer, a resident of Huntington Beach, was called to speak and wanted to go on record to state his
opinion regarding Consent Calendar Item No. 11, Fiscal Year 2018-2019 Huntington Beach Downtown
Business Improvement District (DTBID) Budget. He described his interpretation of the protest process
for businesses in the Downtown Business Improvement District (DBID) in response to the City’s intention
to levy an annual assessment. (00:48:49)
Kathryn Levassiur, Founding Member, Huntington Beach Short-Term Rental Alliance, was called to
speak and requested that the City Council immediately proceed to establish Short Term Vacation Rental
policies. (00:50:33)
Amory Hanson, Candidate for City Council in 2018, was called to speak and stated his opposition to
Consent Calendar Item 21 regarding adopting Ordinance No. 4156 approving Zoning Text Amendment
(Ancillary Alcohol Sales in OS-PR Zoning District). (00:52:32)
John Domingue, resident of Seal Beach for over 50 years and representing approximately 450 street
performers, was called to speak and described how professional street performers present safe
performances, and also carry their own insurance. He asked to be able to have a sit-down meeting to
address any City concerns about allowing professional street performers at Pier Plaza. (00:53:08)
12
Ryan Reza Farsai, one of the owners/partners of AM/PM of Huntington Beach on Bolsa Avenue, was
called to speak and shared several concerns about the way he sees things going in the United States,
and handed to the Sergeant of Arms the two voting ballots he received: one from California and one from
Oregon, the state of his new residence. (00:56:44)
Karen Coyne, HB Huddle Environment Team member, was called to speak and requested again that the
City Council adopt a non-partisan resolution which acknowledges that climate change exists and the
impact that humans have on climate change. (01:00:12)
CITY MANAGER’S REPORT — None
COUNCIL COMMITTEE - APPOINTMENTS - LIAISON REPORTS, AB 1234 REPORTING, AND
OPENNESS IN NEGOTIATIONS DISCLOSURES
Councilmember Brenden reported attending the Downtown BID Board meeting, HB Chamber of
Commerce Economic Conference, Air Traffic Noise Working Group meeting, the Greater Huntington
Beach Interfaith Council Committee on Homelessness meeting, a John Wayne Airport and Long Beach
Airport staff meeting on airport noise, Youth Character Awards ceremony by the Children's Needs Task
Force, and a Public Cable Television Authority (PCTA) Board meeting.
Councilmember Delgleize reported attending a Regional meeting for the Orange County Transit Authority
(OCTA), and the Air Traffic Noise Working Group meeting.
Councilmember O'Connell reported attending the HB Chamber of Commerce Economic Conference, the
Kiwanis Fishing Derby for at-risk kids, a City Selections Committee meeting where he was elected to the
Housing Community Development Commission, and he participated in the Police Unity Tour, a bike ride
from New York City to Washington, DC, bringing public awareness of Police Officers who have died in
the line of duty and to honor their sacrifices.
CONSENT CALENDAR
Councilmember Brenden pulled Consent Calendar Item No. 11 for further discussion.
1. Received and filed City Clerk’s Quarterly listing of Contracts filed in the City Clerk’s office
between January 1, 2018, and March 31, 2018
A motion was made by Hardy, second Delgleize to receive and file the "List of Contracts Approved by
Department Heads and Submitted to the Office of the City Clerk During the Period of January 1, 2018,
through March 31, 2018."
The motion carried by the following vote:
AYES: O’Connell, Posey, Delgleize, Hardy, and Brenden
NOES: None
ABSENT: Semeta, and Peterson
2. Received and filed the City of Huntington Beach Strategic Plan Monthly Update
13
A motion was made by Hardy, second Delgleize to receive and file the City of Huntington Beach Monthly
Strategic Plan Update.
The motion carried by the following vote:
AYES: O’Connell, Posey, Delgleize, Hardy, and Brenden
NOES: None
ABSENT: Semeta, and Peterson
3. Approved appointments and reappointments to the Huntington Beach Youth Board with
terms to expire June 2019
A motion was made by Hardy, second Delgleize to, as recommended by City Council Member liaisons
Hardy and Delgleize, approve the appointment of the following students to a one-year term on the
Huntington Beach Youth Board with terms to expire May 31, 2019:
Natalie Blazquez - Ocean View High School, Representative
Trinon Carter - Edison High School, At-Large Member
Samuel Dater - Edison High School, At-Large Member
Emma Fisher - Ocean View High School, At-Large Member
Nikki Nadler - Marina High School, At-Large Member
As recommended by City Council Member liaisons Hardy and Delgleize, approve the reappointment of
the following students to a one-year term on the Huntington Beach Youth Board with terms to expire May
31, 2019:
Devin Hughes - Edison High School, Representative
Tatum Osborne - Marina High School, Representative
Ella Thomas - Huntington Beach High School, Representative
Amy Zeng - Huntington Beach High School, At-Large Member
The motion carried by the following vote:
AYES: O’Connell, Posey, Delgleize, Hardy, and Brenden
NOES: None
ABSENT: Semeta, and Peterson
4. Approved the West Orange County Water Board (WOCWB) proposed budget for Fiscal
Year 2018-19, with the City of Huntington Beach amount of $448,475
A motion was made by Hardy, second Delgleize to approve the West Orange County Water Board
proposed budget for Fiscal Year 2018-19, with the City of Huntington Beach amount of $448,475.
The motion carried by the following vote:
AYES: O’Connell, Posey, Delgleize, Hardy, and Brenden
NOES: None
ABSENT: Semeta, and Peterson
14
5. Approved City Council position on legislation pending before the State Legislature as
recommended by the Intergovernmental Relations Committee (IRC)
A motion was made by Hardy, second Delgleize to approve a City position of oppose on AB 1912
(Rodriguez); and, approve a City position of support on AB 3162 (Friedman); and, approve a City
position of support on AB 3178 (Rubio); and, approve a City position of oppose on AB 3232 (Friedman);
and, approve a City position of support on the State Budget Augmentation Funding Request to
Strengthen Disaster Response Initiative.
The motion carried by the following vote:
AYES: O’Connell, Posey, Delgleize, Hardy, and Brenden
NOES: None
ABSENT: Semeta, and Peterson
6. Accepted the lowest responsive and responsible bid, approved appropriation of funds and
authorized execution of a construction contract with Pacific Hydrotech Corporation in the
amount of $3,896,200.00 for the Water Well No. 1A, Replacement of Well No. 1, CC-1495
A motion was made by Hardy, second Delgleize to appropriate $300,000 from the undesignated Water
Master Plan Fund (507) balance to Business unit 50791030.82100; and, accept the lowest responsive
and responsible base bid submitted by the Pacific Hydrotech Corporation, in the amount of $3,896,200;
and, authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City
Attorney.
The motion carried by the following vote:
AYES: O’Connell, Posey, Delgleize, Hardy, and Brenden
NOES: None
ABSENT: Semeta, and Peterson
7. Accepted the lowest responsive and responsible bid and authorized execution of a
construction contract with the RJ Noble Company in the amount of $2,882,850.50 for the
Heil Avenue Rehabilitation and Indianapolis Avenue Rehabilitation, CC-1564
A motion was made by Hardy, second Delgleize to accept the lowest responsive and responsible base
bid submitted by the RJ Noble Company in the amount of $2,882,850.50; and, authorize the Mayor and
City Clerk to execute a construction contract in a form approved by the City Attorney.
The motion carried by the following vote:
AYES: O’Connell, Posey, Delgleize, Hardy, and Brenden
NOES: None
ABSENT: Semeta, and Peterson
8. Adopted Resolution No. 2018-23 authorizing an Application for Funds for the
Environmental Cleanup, Tier 1 Grant Program Under the Orange County Transportation
Authority (OCTA) Measure M2 Environmental Cleanup Program
15
A motion was made by Hardy, second Delgleize to adopt Resolution No. 2018-23, "A Resolution of the
City Council of the City of Huntington Beach Authorizing an Application for Funds for the Environmental
Cleanup, Tier 1 Grant Program Under Orange County Local Transportation Ordinance No. 3 for the
Huntington Beach Trash Removal Project, Phase 1."
The motion carried by the following vote:
AYES: O’Connell, Posey, Delgleize, Hardy, and Brenden
NOES: None
ABSENT: Semeta, and Peterson
9. Adopted Resolution No. 2018-25 designating the Chief Financial Officer, the City
Treasurer, the Finance Manager/Deputy City Treasurer, and Finance Manager/ Accounting
Services as persons authorized to execute financial transactions in the name of the City of
Huntington Beach
A motion was made by Hardy, second Delgleize to adopt Resolution No. 2018-25, "A Resolution of the
City Council of the City of Huntington Beach Authorizing the Manual and/or Facsimile Signatures of the
Chief Financial Officer, the City Treasurer, the Finance Manager/Deputy City Treasurer, and the Finance
Manager/Accounting Services" as persons authorized to execute financial transactions in the name of
the City of Huntington Beach.
The motion carried by the following vote:
AYES: O’Connell, Posey, Delgleize, Hardy, and Brenden
NOES: None
ABSENT: Semeta, and Peterson
10. Adopted Resolution No. 2018-26 authorizing the City to Levy the Annual Retirement
Property Tax for Fiscal Year 2018/19 to pay for Pre-1978 Employee Retirement Benefit
Levels
A motion was made by Hardy, second Delgleize to adopt Resolution No. 2018-26, "A Resolution of the
City Council of the City of Huntington Beach Levying a Retirement Property Tax for Fiscal Year 2018/19
to Pay for Pre-1978 Public Employee Retirement Benefits" of $0.01500 per $100 of assessed valuation.
The tax rate of $0.01500 would continue the tax rate included in the current Fiscal Year 2017/18 Adopted
Budget.
The motion carried by the following vote:
AYES: O’Connell, Posey, Delgleize, Hardy, and Brenden
NOES: None
ABSENT: Semeta, and Peterson
11. Approved Annual Report and Fiscal Year 2018-2019 Huntington Beach Downtown
Business Improvement District (DTBID) Budget; and adopted Resolution No. 2018-33
declaring the City’s intention to levy an annual assessment for Fiscal Year 2018-2019
within the Huntington Beach Downtown Business Improvement District (DTBID); and,
schedule a Public Hearing for June 18, 2018
16
Councilmember O'Connell recused himself from action on the item due to a potential conflict of interest,
and left the dais.
Councilmember Brenden pulled the item to inquire if the recommended action is approved, Council is
only approving the date for the public hearing and will still have an opportunity to make corrections or
changes on the documents. Staff confirmed
A motion was made by Brenden, second Delgleize to adopt Resolution No. 2018-33, "A Resolution of the
City Council of the City of Huntington Beach Declaring the City's Intention to Levy an Annual Assessment
for Fiscal Year 2018-2019 Within the Huntington Beach Downtown Business Improvement District,"
including Exhibit A - Huntington Beach Downtown Business Improvement District 2017-2018 Annual
Report, Exhibit B - Assessment Schedule, Boundary Map and List of Businesses to be Assessed, and
Exhibit C - Types of Improvements and Activities to be funded by the levy of assessments on businesses
within the Business Improvement Area; and, direct the City Clerk to schedule a public hearing to be held
on June 18, 2018, and send copies of the Resolution of Intention, including the BID Boundary Map and
assessment formula to each business to be assessed, and publish same in a newspaper of general
circulation.
The motion carried by the following vote:
AYES: Posey, Delgleize, Hardy, and Brenden
NOES: None
RECUSED O’Connell
ABSENT: Semeta, and Peterson
12. Approved and authorized execution of a Professional Services Contract between the City
of Huntington Beach and RRM Design Group for the preparation of an amendment to the
Huntington Beach Zoning and Subdivision Ordinance to establish zoning standards for a
new Research and Technology zoning designation; and approved an increase in the
Community Development Department’s Professional Services listing authority by $148,700
A motion was made by Hardy, second Delgleize to approve and authorize the Mayor and City Clerk to
execute a "Professional Services Contract Between the City of Huntington Beach and RRM Design
Group for the Preparation of an Amendment to the Huntington Beach Zoning and Subdivision Ordinance
to Establish a New Research and Technology Zone" in the amount of $148,700; and, approve an
increase in the Community Development Department's professional services listing authority of $148,700
for the preparation of an amendment to the Huntington Beach Zoning and Subdivision Ordinance to
establish zoning standards for a new Research and Technology zoning designation.
The motion carried by the following vote:
AYES: O’Connell, Posey, Delgleize, Hardy, and Brenden
NOES: None
ABSENT: Semeta, and Peterson
13. Approved and authorized execution of Amendment No. 1 to agreement with FPL and
Associates, Inc., for On-Call Civil Engineering Services, extending the contract term
through July 6, 2019
17
A motion was made by Hardy, second Delgleize to approve and authorize the Mayor and City Clerk to
execute "Amendment No. 1 to Agreement between the City of Huntington Beach and FPL & Associates,
Inc. for On-Call Civil Engineering Services." This amendment shall extend the term of the contract by
one year with a revised expiration date of July 6, 2019.
The motion carried by the following vote:
AYES: O’Connell, Posey, Delgleize, Hardy, and Brenden
NOES: None
ABSENT: Semeta, and Peterson
14. Approved and authorized execution of Amendment No. 1 to an agreement with AESCO,
Inc., for On Call Civil Engineering Services in the amount of $300,000 for a total contract
amount not to exceed $1,050,000 and extending the contract term through June 15, 2020
A motion was made by Hardy, second Delgleize to approve and authorize the Mayor and City Clerk to
execute "Amendment No. 1 to an Agreement between the City of Huntington Beach and AESCO, Inc. for
On Call Civil Engineering Services."
The motion carried by the following vote:
AYES: O’Connell, Posey, Delgleize, Hardy, and Brenden
NOES: None
ABSENT: Semeta, and Peterson
15. Approved and authorized execution of Professional Services Contracts for On Call Water
and Engineering Services with GHD, Inc., Pacific Advanced Civil Engineering (PACE), Inc.,
HDR Engineering, Inc., and SA Associates, each in an amount not to exceed $1,000,000
A motion was made by Hardy, second Delgleize to approve and authorize the Mayor and City Clerk to
execute $1,000,000 "Professional Services Contract Between the City of Huntington Beach and GHD,
Inc. for On Call Water and Engineering Services;" and, approve and authorize the Mayor and City Clerk
to execute $1,000,000 "Professional Services Contract between the City of Huntington Beach and Pacific
Advanced Civil Engineering, Inc. for On Call Water and Engineering Services;" and, approve and
authorize the Mayor and City Clerk to execute $1,000,000 "Professional Services Contract between the
City of Huntington Beach and HDR Engineering, Inc. for On Call Water and Engineering Services;" and,
approve and authorize the Mayor and City Clerk to execute $1,000,000 "Professional Services Contract
between the City of Huntington Beach and SA Associates for On Call Water and Engineering Services."
The motion carried by the following vote:
AYES: O’Connell, Posey, Delgleize, Hardy, and Brenden
NOES: None
ABSENT: Semeta, and Peterson
16. Approved and authorized execution of Professional Services Contracts for On Call Ocean
and Engineering Services with Moffatt & Nichol, Anchor QEA, LLC., and GHD, Inc., each in
an amount not to exceed $150,000
18
A motion was made by Hardy, second Delgleize to approve and authorize the Mayor and City Clerk to
execute $150,000 "Professional Services Contract between the City of Huntington Beach and Moffatt &
Nichol for On Call Ocean and Engineering Services;" and, approve and authorize the Mayor and City
Clerk to execute $150,000 "Professional Services Contract between the City of Huntington Beach and
Anchor QEA, LLC. for On Call Ocean and Engineering Services;" and, approve and authorize the Mayor
and City Clerk to execute $150,000 "Professional Services Contract between the City of Huntington
Beach and GHD, Inc. for On Call Ocean and Engineering Services."
The motion carried by the following vote:
AYES: O’Connell, Posey, Delgleize, Hardy, and Brenden
NOES: None
ABSENT: Semeta, and Peterson
17. Approved and authorized execution of Amendment No. 1 to On Call Civil Engineering
Agreements with Lee & Ro, Inc., AECOM Technical Services, Inc., and Tetra Tech, Inc.,
extending the contract terms for an additional two years
A motion was made by Hardy, second Delgleize to approve and authorize the Mayor and City Clerk to
execute "Amendment No. 1 to Agreement between the City of Huntington Beach and Lee & Ro, Inc. for
On Call Civil Engineering Services"; and, approve and authorize the Mayor and City Clerk to execute
"Amendment No. 1 to Agreement between the City of Huntington Beach and AECOM Technical
Services, Inc. for On Call Civil Engineering Services"; and, approve and authorize the Mayor and City
Clerk to execute "Amendment No. 1 to Agreement between the City of Huntington Beach and Tetra
Tech, Inc. for On Call Civil Engineering Services."
The motion carried by the following vote:
AYES: O’Connell, Posey, Delgleize, Hardy, and Brenden
NOES: None
ABSENT: Semeta, and Peterson
18. Approved and authorized execution of Professional Services Contracts for On Call Civil
and Engineering Services with Stantec Consulting Services, Inc., NV5, Inc. (a.k.a
CivilSource), and Michael Baker International, Inc., each in an amount not to exceed
$1,000,000
A motion was made by Hardy, second Delgleize to approve and authorize the Mayor and City Clerk to
execute $1,000,000 "Professional Services Contract between the City of Huntington Beach and Stantec
Consulting Services, Inc. for On Call Civil Engineering Services;" and, approve and authorize the Mayor
and City Clerk to execute $1,000,000 "Professional Services Contract between the City of Huntington
Beach and NV5, Inc. for On Call Civil Engineering Services;" and, approve and authorize the Mayor and
City Clerk to execute $1,000,000 "Professional Services Contract between the City of Huntington Beach
and Michael Baker International, Inc. for On Call Civil Engineering Services."
The motion carried by the following vote:
AYES: O’Connell, Posey, Delgleize, Hardy, and Brenden
NOES: None
19
ABSENT: Semeta, and Peterson
19. Approved and authorized execution Professional Services Contracts for On Call Plan
Check and Engineering Services with Derek J. McGregor, Inc., PENCO Engineering, Inc.,
and Bureau Veritas North America, Inc., each in an amount not to exceed $400,000
A motion was made by Hardy, second Delgleize to approve and authorize the Mayor and City Clerk to
execute $400,000 "Professional Services Contract between the City of Huntington Beach and Derek J.
McGregor, Inc. DBA DMC Engineering for On Call Plan Check and Engineering Services;" and, approve
and authorize the Mayor and City Clerk to execute $400,000 "Professional Services Contract between
the City of Huntington Beach and PENCO Engineering, Inc. for On Call Plan Check and Engineering
Services;" and, approve and authorize the Mayor and City Clerk to execute $400,000 "Professional
Services Contract between the City of Huntington Beach and Bureau Veritas North America, Inc. for On
Call Plan Check and Engineering Services."
The motion carried by the following vote:
AYES: O’Connell, Posey, Delgleize, Hardy, and Brenden
NOES: None
ABSENT: Semeta, and Peterson
20. Approved and authorized execution of Amendment No. 1 to Professional Services
Contract with Go Live Technology for the Citywide Enterprise Land Management
Implementation in the amount of $96,000 for a contract amount not to exceed $296,000
A motion was made by Hardy, second Delgleize to approve and authorize the Mayor and City Clerk to
execute "Amendment No. 1 to Professional Services Agreement between the City of Huntington Beach
and Go Live Technology, Inc. for As Needed Information Technology Project Management Services."
The motion carried by the following vote:
AYES: O’Connell, Posey, Delgleize, Hardy, and Brenden
NOES: None
ABSENT: Semeta, and Peterson
21. Adopted Ordinance No. 4156 approving Zoning Text Amendment (ZTA) No. 18-001
amending Section 213.06 of the Huntington Beach Zoning and Subdivision Ordinance
(HBZSO) (Ancillary Alcohol Sales in OS-PR Zoning District)
Approved for introduction May 7, 2018 — Vote: 5-1-1 (Hardy - No, O’Connell - Absent)
A motion was made by Hardy, second Delgleize to Adopt Ordinance No. 4156, "An Ordinance of the City
Council of the City of Huntington Beach Amending Chapter 213 of the Huntington Beach Zoning and
Subdivision Ordinance Titled OS Open Space District (Zoning Text Amendment No. 18-001."
The motion carried by the following vote:
AYES: O’Connell, Posey, Delgleize, Hardy, and Brenden
NOES: None
ABSENT: Semeta, and Peterson
20
PUBLIC HEARING
22. Approved Mitigated Negative Declaration No. 16-003; adopted Resolution No. 2017-20
approving General Plan Amendment No. 16-002; approved for introduction Ordinance No.
4134 approving Zoning Map Amendment No. 16-003; adopted Resolution No. 2017-19
approving Zoning Text Amendment No. 16-004; adopted Resolution No. 2017-18 approving
Local Coastal Program Amendment No. 16-002; and, approved for introduction Ordinance
No. 4135 approving Development Agreement No. 16-001-Windward Residential and Open
Space
Associate Planner Tess Nguyen presented a PowerPoint communication entitled: Windward Residential
with slides titled: Project Location, Background (3), Project Overview (3), Commission Action,
Coordination with CCC, Analysis: GPA, Analysis: ZMA, Analysis: ZTA, Analysis: LCPA, Development
Agreement, Environmental Review, Summary, and Recommendation
Mayor Posey opened the Public Hearing for this item.
Public Hearing — 3 Speakers
City Clerk Robin Estanislau announced that supplemental communication, an email, was received from
the Community Development staff regarding a correction to Page 8, Recommended Action E -
Attachment 5 (Winward Residential and Open Space).
Ed Mountford, Applicant, was called to speak and stated his support for the proposed plan, which in his
opinion will close the long Bolsa Chica saga by ensuring that the two small remaining parcels of 11.2
acres will add 8.7 acres to the permanent open space located adjacent to the properties. Mr. Mountford
thanked the City staff for their efforts in reaching a resolution that was agreeable to all parties. He
encouraged the Council to approve this item and bring closure to a 40+-year controversy surrounding
Bolsa Chica so the community can turn their attention to enhancing the ecological value of this important
natural resource. (01:24:03)
Douglas Goodell, Executor and Trustee of the Goodell Family Trust, was called to speak and stated that
the vision of his late father was to sell the property to a residential developer. He further stated that the
option agreement to sell the property to the owners of the adjacent Ridge property, Signal Landmark, et.
al., is contingent upon approval of the residential development project on the Ridge property. Mr.
Goodell further stated that because of the contentious nature of the Bolsa Chica Mesa, the Goodell Trust
believes the proposal put forth provides a win-win-win arrangement for everyone, and expressed support
for approval of this item. (01:27:19)
Margaret Riley, resident of Cabo Del Mar which backs up to Shea Home Development off of Graham,
was called to speak and stated her opposition to this item. Since 1995 when she moved in, she has
been assured this space was dedicated to park open space, and shared her opinion that the affected
homeowners have not had a chance to review the actual amendments under consideration because of
the very late date the document was made available for review. (01:29:35)
There being no more speakers, Mayor Posey closed the Public Hearing.
Councilmember Hardy stated this is a unique opportunity to preserve open space, and her support for
State Proposition 68, on the June 5th ballot, which if passed would help fund the purchase of property
21
like this. She further stated that she will never approve changing open space to residential, and will not
support this item.
Councilmember O'Connell stated his support for preserving open space, but will also be supporting the
item as presented.
Councilmember Delgleize stated her support for the agreement that has been reached.
A motion was made by O’Connell, second Delgleize to approve Mitigated Negative Declaration No. 16-
003 with findings of approval (Attachment No. 1); and, approve General Plan Amendment No. 16-002 by
adopting City Council Resolution No. 2017-20, "A Resolution of the City Council of the City of Huntington
Beach Approving General Plan Amendment No. 16-002." (Attachment No. 2); and, approve Zoning Map
Amendment No. 16-003 with findings for approval (Attachment No. 1); and, after the City Clerk reads by
title, approve for introduction Ordinance No. 4134, "An Ordinance of the City of Huntington Beach
Amending District Map 33 (Sectional Map 28-5-11) of the Huntington Beach Zoning and Subdivision
Ordinance to Rezone the Real Property Generally Located Southeast of the Intersection of Bolsa Chica
Street and Los Patos Avenue from Residential Agriculture-Coastal Zone Overlay (RA-CZ) to Specific
Plan-Coastal Zone Overlay (SP-CZ) (Zoning Map Amendment No. 16-003)." (Attachment No. 3); and,
approve Zoning Text Amendment No. 16-004 with findings for approval (Attachment No. 1) and adopt
City Council Resolution No. 2017-19, "A Resolution of the City Council of the City of Huntington Beach,
Adopting Zoning Text Amendment No. 16-004 by Creating the Windward Specific Plan (SP-16) to Apply
to Real Property Southeast of the Intersection of Bolsa Chica Street and Los Patos Avenue."
(Attachment No. 4); and, approve Local Coastal Program Amendment No. 16-002 with findings for
approval (Attachment No. 1) and adopt City Council Resolution No. 2017-18, "A Resolution of the City
Council of the City of Huntington Beach, California, Adopting Local Coastal Program Amendment No. 16-
002 to Amend the Local Coastal Program Land Use Plan and Implementing Ordinances to Amend Zone
2 - Land Use Plan and Accompanying Text of the City's Coastal Element for the Real Property Generally
Located Southeast of the Intersection of Bolsa Chica Street and Los Patos Avenue and to Reflect Zoning
Text Amendment No. 16-004 and Zoning Map Amendment No. 16-003 and Requesting Certification by
the California Coastal Commission." (Attachment No. 5); and, approve Development Agreement No. 16-
001 with findings for approval (Attachment No. 1); and, after the City Clerk reads by title, approve for
introduction Ordinance No. 4135, "An Ordinance of the City of Huntington Beach Adopting a
Development Agreement By and Between the City of Huntington Beach and Signal Landmark
(Developer) (Development Agreement No. 16-001)," (Attachment No. 6) as amended by Supplemental
Communication.
The motion carried by the following vote:
AYES: O’Connell, Posey, Delgleize, and Brenden
NOES: Hardy
ABSENT: Semeta, and Peterson
23. CONTINUED TO JUNE 4 — Adopt Resolution No. 2018-29 amending Resolution No. 2016-
59 Establishing the Consolidated Comprehensive Citywide Master Fee and Charges
Schedule (Supplemental Fee Resolution No. 5)
Assistant City Manager Lori Ann Farrell introduced Finance Manager Dahle Bulosan who presented a
PowerPoint communication entitled City of Huntington Beach Master Fee and Charges Schedule
22
Adjustments. Assistant City Manager Farrell further stated that this Fee and Charges Schedule is
separate and apart from the Budget.
Councilmember Brenden and staff discussed that the Finance Commission did not recommend passage
of the Fire Department $12 fee, which Fire Chief Segura explained is a charge for better tracking of fire
protection/alarm systems Citywide, because it was felt that the third-party vendor, Compliance Engine,
could potentially pass along this charge to the businesses.
Councilmember Delgleize and Fire Chief Segura further discussed the $12 fee, and Chief Segura
explained that a third-party vendor is used to collect and file the required paperwork for inspections in
order to obtain certifications, and this process alleviates some Fire Department staffing hours.
Mayor Posey opened the Public Hearing for this item.
City Clerk Robin Estanislau announced there were no speakers signed up to speak, and that a
PowerPoint communication entitled Master Fee and Charges Schedule Adjustments was received as
supplemental communication.
A motion was made by Posey, second O’Connell to continue to June 4 with Public Hearing open request
to Adopt Resolution No. 2018-29 amending Resolution No. 2016-59 Establishing the Consolidated
Comprehensive Citywide Master Fee and Charges Schedule (Supplemental Fee Resolution No. 5).
The motion carried by the following vote:
AYES: O’Connell, Posey, Delgleize, Hardy, and Brenden
NOES: None
ABSENT: Semeta, and Peterson
24. CONTINUED TO JUNE 4 — Public Hearing to consider adopting Resolution No. 2018-34 to
adopt the City’s budget for Fiscal Year 2018/2019
Assistant City Manager Farrell introduced Finance Manager Carol Molina-Espinoza who presented a
PowerPoint communication entitled FY 2018/19 Proposed Budget with slides titled FY 2018/19 Proposed
Budget Overview, "The Challenge of Change", FY 2018/19 General Fund Overview, General Fund
Revenue Highlights, Public Safety, Public Safety - Police, Public Safety - Fire, Quality of Life - All Funds,
FY Long Term Financial Sustainability, Economic and Financial Sustainability, Master Fee and Charges
Schedule, General Fund Balance, FY 2018/19 Police Unfunded Requests, Pension Costs and Unfunded
Liabilities Unfunded Liabilities Overview, CalPERS Discount Rate Change (2), Rising Pension Costs and
What We Are Doing About It, Being Proactive Pays Off, Budget Balancing Options, Infrastructure and
CIP, Capital Improvement Program, Infrastructure, FY 2018/19 Proposed Budget Recap, and FY
2018/19 Proposed Budget Calendar. City Treasurer Alisa Cutchen continued the presentation of the
following slides: Cash Flow Projections, Development Process, Cash Flow Projections: All Funds
Receipts & Disbursements, and Liquidity Projections Bank & LAIF at Month End. (01:44:28)
Councilmember O'Connell and staff discussed that contract revenue received from other cities for use of
the police helicopters is placed into the General Fund, and Councilmember O'Connell would like to see
those funds used to hire more police officers.
Mayor Posey opened the Public Hearing for this item.
23
City Clerk Robin Estanislau announced there were no speakers signed up to speak, and that a
PowerPoint communication entitled Fiscal Year 2018/19 Proposed Budget "The Challenge of Change"
was received as Supplemental Communication.
A motion was made by Delgleize, second O’Connell to continue to June 4 with Public Hearing open
request to Adopt Resolution No. 2018-34 to adopt the City’s budget for Fiscal Year 2018/2019.
The motion carried by the following vote:
AYES: O’Connell, Posey, Delgleize, Hardy, and Brenden
NOES: None
ABSENT: Semeta, and Peterson
ADMINISTRATIVE ITEMS
25. Adopted Resolution No. 2018-36 approving and implementing the Memorandum of
Understanding (MOU) between the Surf City Lifeguard Employees’ Association (SCLEA)
and the City of Huntington Beach for January 1, 2018, through June 30, 2019
Human Resources Director Michele Warren presented a PowerPoint communication entitled City
Council Meeting – 05/21/18 SCLEA Memorandum of Understanding, with slides titled: Bargaining Unit
Information, SCLEA Wage and Market Data, and Tentative Agreement/MOU.
A motion was made by Delgleize, second O’Connell to adopt Resolution No. 2018-36, "A Resolution of
the City Council of the City of Huntington Beach Approving and Implementing the Memorandum of
Understanding between the City and the Surf City Lifeguard Employees' Association (SCLEA) for
January 1, 2018, through June 30, 2019."
The motion carried by the following vote:
AYES: O’Connell, Posey, Delgleize, Hardy, and Brenden
NOES: None
ABSENT: Semeta, and Peterson
COUNCILMEMBER COMMENTS (Not Agendized)
Councilmember O'Connell requested this meeting be adjourned in memory of Huntington Beach Police
Officer Leslie J. Prince who died in the line of duty on December 1, 1974.
Councilmember Delgleize reported attending the 54th Annual Queen's Rose Dedication Ceremony, the
Citizen's Academy that started last week with a full class, the Huntington Beach Chamber of Commerce
Economic Conference, and the wake and memorial service for Father Christian Mondor. She closed her
comments by repeating Father Mondor's final words, "Keep Working" and stated her intent to keep
working in the spirit that he did every day.
Councilmember Hardy congratulated the Youth Character Award nominees and medal winners.
24
Councilmember Brenden reported attending the memorial service for Father Christian Mondor, a humble
servant of the people who is greatly missed. He attended the Huntington Beach Chamber of Commerce
Economic Conference, the Duck-A-Thon, visited the Huntington Beach business K2 Unmanned Systems
which manufactures high-end drone systems, and he congratulated his daughter Nicholette upon her
graduation from Pace University in New York City.
ADJOURNMENT — 7:50 PM in memory of Huntington Beach Police Officer Leslie J. Prince who was
killed in the line of duty by a drunk driver on December 1, 1974, and in memory of LeRoy Durst, to the
next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority on
Monday, June 04, 2018, at 4:00 PM in the Civic Center Council Chambers, 2000 Main Street, Huntington
Beach, California.
______________________________________
City Clerk and ex-officio Clerk of the City
Council of the City of Huntington Beach
and Secretary of the Public Financing Authority
of the City of Huntington Beach, California
ATTEST:
______________________________________
City Clerk-Secretary
______________________________________
Mayor-Chair
25
Minutes
City Council/Public Financing Authority
City of Huntington Beach
Monday, June 4, 2018
5:00 PM - Council Chambers
6:00 PM - Council Chambers
Civic Center, 2000 Main Street
Huntington Beach, California 92648
A video recording of the 5:00 PM and 6:00 PM portion of this meeting
is on file in the Office of the City Clerk, and archived at
www.surfcity-hb.org/government/agendas/
Based on the lack of a Study Session and time needed to cover the Closed Session items,
the meeting was called to order at 5:00 PM
5:00 PM - COUNCIL CHAMBERS
CALL TO ORDER — 4:59 PM
ROLL CALL
Present: Posey, Peterson, Brenden, Delgleize, Hardy, O’Connell, and Semeta
Absent: None
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) —
None
PUBLIC COMMENTS PERTAINING TO CLOSED SESSION ITEMS (3 Minute Time Limit) — None
RECESS TO CLOSED SESSION — 5:01 PM
A motion was made by O'Connell, second Semeta to recess to Closed Session for Items 2 – 4.
With no objections, the motion carried.
CLOSED SESSION ANNOUNCEMENT(S)
1. 18-085 — Mayor Posey Announced: Pursuant to Government Code § 54957.6, the City
Council takes this opportunity to publicly introduce and identify designated labor negotiators:
Peter Brown, outside counsel and Chief Negotiator, Assistant City Manager Lori Ann Farrell-
Harrison, and Michele Warren, Director of Human Resources; also in attendance: City Manager
Fred Wilson, Fire Chief David Segura, Chief of Police Robert Handy and Acting Chief Financial
Officer Dahle Bulosan who will be participating in today's Closed Session discussions regarding
labor negotiations with: Huntington Beach Firefighters' Association (HBFA), Management
Employees' Organization (MEO), Huntington Beach Police Officers' Association (POA) and Police
Management Association (PMA).
26
CLOSED SESSION
2. 18-076 — Pursuant to Government Code § 54957.6, the City Council recessed into Closed
Session to meet with its designated labor negotiators: Peter Brown, outside counsel and Chief
Negotiator, Lori Ann Farrell-Harrison, Assistant City Manager, Michele Warren, Director of Human
Resources; also in attendance: Fred Wilson, City Manager, David Segura, Fire Chief, Robert
Handy, Chief of Police, Dahle Bulosan, Acting Chief Financial Officer regarding the following:
Huntington Beach Firefighters' Association (HBFA), Management Employees' Organization
(MEO), Huntington Beach Police Officers' Association (POA), and Police Management
Association (PMA).
3. 18-077 — Pursuant to Government Code § 54956.9(d)(1), the City Council recessed into Closed
Session to confer with the City Attorney regarding the following lawsuit: Russell Reinhart v. City of
Huntington Beach, COHB Claim No. 17-0096.
4. 18-087 Pursuant to Government Code §54956.9(d)(2) the City Council recessed into Closed
Session to confer with the City Attorney regarding potential litigation. Number of cases, one (1).
6:00 PM - COUNCIL CHAMBERS
RECONVENED CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING — 6:17 PM
ROLL CALL
Present: Posey, Peterson, Brenden, Delgleize, Hardy, O’Connell, and Semeta
Absent: None
PLEDGE OF ALLEGIANCE — Led by Councilmember Delgleize
INVOCATION - In permitting a nonsectarian invocation, the City does not intend to proselytize or
advance any faith or belief. Neither the City nor the City Council endorses any particular religious belief
or form of invocation.
5. 18-075 — Provided by Cantor Fran Chalin of Vistas Hospice Healthcare and member of the
Greater Huntington Beach Interfaith Council
CLOSED SESSION REPORT BY CITY ATTORNEY — None
Mayor Posey announced that Ordinances for Introduction, Item No. 21, regarding installing City Owned
Communications Infrastructure, had been withdrawn from this Agenda.
AWARDS AND PRESENTATIONS
6. 18-068 — Mayor Posey asked Councilmember Semeta to assist in presenting a commendation to
Huntington Beach resident Marlene Nielsen for her volunteer work as this past year’s president of
the Philharmonic Society of Orange County (PSOC) and for her many years chairing the Cruise
of Lights through Huntington Harbour. Funds raised by PSOC are used to provide free music
education in Orange County public and private schools for 160,000 kindergarten through high
school students annually.
27
7. 18-069 — Mayor Posey called on Dr. Phyllis Lembke and Cynthia Varnell of the City’s Children’s
Needs Task Force to recognize the 2018 American Youth Character Awards, Wall of Fame
Honorees.
The American Youth Character Awards were designed to honor young people whose lives and
achievements demonstrate an enduring commitment to qualities associated with good character.
This year 53 youth were nominated, and 15 selected as Wall of Fame Honorees. From Sowers
Middle School, Emma Brandt and Jack Crinella; from Saint Bonaventure Catholic School, Sophia
Figueroa; from Hope View Elementary, Lindsey Fisher; from Oak View Elementary School, Jesus
Gaspar; from Marine View Middle School, Dana Jedlik; from Spring View Middle School, Griffyn
Kolpin and Alex Wakabayashi; from Agnes L Smith Elementary School, Gaby Kelly; from Edison
High School, Johnny Kwok and Amanda Schrader; from Golden View Elementary School, Daniella
Murray; from Talbert Middle School, Brianna Olszewski; from Ethel Dwyer Middle School, Lizzie
Rhineer; and, from College View Elementary School, Gracie Smith.
8. 18-070 — Mayor Posey called on Chair Debbie Killey, Chair, the City’s Environmental Board, and
Barbara Haynes of HB Public Art Alliance to present commendations to Jennifer McLean, Yuly
Lopez, Erin Rielly, Anika Le, Joslynn Young, Christina Nghiem, Stella Scott, Adrian DeRusse,
Anna Faucett, and Aine Keeble who participated in the recent art contest.
The theme was to draw a picture that celebrates the natural environment in Huntington Beach,
and 250 students participated. Five students from high schools and five students from middle
schools were selected winners by a jury composed of members of the Environmental Board, HB
Public Art Alliance and City Council.
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution)
Pursuant to the Brown "Open Meetings" Act, City Clerk Robin Estanislau announced supplemental
communications that were received by her office following distribution of the Council Agenda packet:
Consent Calendar
Item #15. Email communications regarding Permit Parking District "W" were received from: Jennifer
Pfeiffer, Dianne Larson, Joe Pivetti and Jennifer Runyan.
Ordinances for Introduction
Item #21. Interdepartmental Memo communication from Assistant to the City Manager Antonia Graham
stating the item was pulled from the agenda for consideration.
PUBLIC COMMENTS (3 Minute Time Limit) — 12 Speakers
The number [hh:mm:ss] following the speakers' comments indicates their approximate starting time in
the archived video located at http://www.surfcity-hb.org/government/agendas.
Tiffany Tina, a resident of Downtown HB, was called to speak, and asked the City Council for clarification
and guidance regarding the process for a proposed art mural on the Frontier Communications building,
602 Main Street, which, to this point, she believes has not included input from the neighboring residents.
(00:29:08)
28
Gene Opfer was called to speak and shared his personal experience trying to provide short-term rental
opportunities in Huntington Beach, offered an example of the guidelines from another municipality, which
in his opinion could be used as a template, and he encouraged Council to make it a priority to establish
guidelines. (00:32:24)
Michael Culver, President, Focus Media Group, was called to speak and described how Focus Media
Group cleaned up the bus benches and shelters in Sunset Beach and placed ads for local advertisers.
He stated interest in bringing new bus benches and shelters, including maintenance services, to
Huntington Beach through their no-cost plan with a city revenue-generating component. (00:34:54)
Amory Hanson, City Council Candidate in 2018, was called to speak and encouraged people to
participate in the June 5 State Primary election. (00:36:05)
Rob Dubar was called to speak and asked City Council for clarification and guidance regarding the
process for a proposed art mural on the Frontier Communications building, 602 Main Street, which, to
this point, he believes has not included input from the community and neighboring residents. (00:38:44)
Gina Walters, resident of Farinella Drive, was called to speak and stated her support for Consent
Calendar Item No. 16 regarding Residential Permit Parking District "K" affecting residents along Farinella
Drive. (00:41:49)
Kayla Walters, 13-year old resident of Farinella Drive, was called to speak and stated her support for
Consent Calendar Item No. 16 regarding Residential Permit Parking District "K" affecting residents along
Farinella Drive. (00:43:30)
Lee Love, H. B. International Surfing Museum, Former Executive Board Member, Volunteer, was called
to speak and expressed her outrage at how a political group was allowed to take over the stage at this
past weekend's Surfing Sunday Concert, and asked Council to ensure this type of activity does not
happen again. (00:44:43)
Tyler O'Brien, a resident of Farinella Drive, was called to speak and stated his support for Consent
Calendar Item No. 16 regarding Residential Permit Parking District "K" affecting residents along Farinella
Drive. (00:47:40)
Gina O'Brien, resident of Farinella Drive, was called to speak and stated her support for Consent
Calendar Item No. 16 regarding Residential Permit Parking District "K" affecting residents along Farinella
Drive. (00:48:38)
Chad Coppola, resident of Farinella Drive, was called to speak and stated his support for Consent
Calendar Item No. 16 regarding Residential Permit Parking District "K" affecting residents along Farinella
Drive. (00:49:49)
Kathryn Levassiur, long-time resident of Huntington Beach, was called to speak and thanked the City for
offering an excellent Citizen's Academy. She also asked the Council to address the issue of permitting,
regulating and taxing short-term vacation rentals. (00:51:04)
COUNCIL COMMITTEE - APPOINTMENTS - LIAISON REPORTS, AB 1234 REPORTING, AND
OPENNESS IN NEGOTIATIONS DISCLOSURES
29
Mayor Pro Tem Peterson reported participating in an Orange County Business Council (OCBC)
Advocacy Trip to Washington, D.C., and suggested that in the future the Inter-governmental Relations
Committee (IRC) help determine which trips will be beneficial to the City.
Councilmember Semeta reported participating in the OCBC Advocacy Trip to Washington, D.C.,
attending a Public Cable Television Authority (PCTA) meeting, and attending an Association of California
Cities - Orange County (ACC-OC) grant writing workshop.
Councilmember O'Connell reported participating in the OCBC Advocacy Trip to Washington, D.C.
Councilmember Brenden reported attending nine meetings in Washington, D.C. over a couple of days to
discuss Federal legislation related to sober living homes, coastal odors and air traffic noise, and thanked
Councilmember O'Connell for also participating in several of the meetings.
Councilmember Delgleize reported attending an Association of California Cities - OC (ACC-OC)
Legislative Affairs Committee meeting, an Orange County Transit Authority (OCTA) Board meeting, an
OCTA long-range planning meeting for regional highways, and she reminded the residents of the OCTA
community meeting to discuss the 405 Freeway Project at the Senior Center on June 5th.
Mayor Posey reported attending the Association of California Cities - OC (ACC-OC) Legislative Affairs
Committee meeting, Orange County Council of Governments (OCCOG) meeting, and a Water Policy
Summit meeting.
CITY MANAGER’S REPORT
City Manager Fred Wilson announced a community workshop on June 5, hosted at the Senior Center by
the Orange County Transportation Authority (OCTA), to present details on the 405 Freeway bridge
reconstruction project and how certain neighborhoods will be affected. City Manager Wilson also
announced a SoCalGas Alert regarding work at 19682 Seapoint Street, near Harriett Wieder Park, which
may produce natural gas odors in that area.
CITY CLERK’S REPORT
9. 18-096 — City Clerk previewed the Legistar Agenda Management Webpage
City Clerk Robin Estanislau presented a brief overview of a new agenda product, Legistar, and
highlighted changes on the City's website for the public to view agendas and related materials.
CONSENT CALENDAR
Councilmember Delgleize pulled Item #16, Mayor Pro Tem Peterson & Councilmember Semeta
abstained from Item #10, and Councilmember Hardy stated a "No" vote for Item #18.
10. 18-005 — Approved and Adopted Minutes
A motion was made by O’Connell, second Brenden to approve and adopt the City Council/Public
Financing Authority regular meeting minutes dated May 7, 2018, as writ ten and on file in the Office of the
City Clerk.
30
The motion carried by the following vote:
AYES: Posey, Brenden, Delgleize, Hardy, and O’Connell
NOES: None
ABSTAIN: Peterson, and Semeta
11. 18-001 — Accepted the lowest responsive and responsible bid and authorized execution of a
construction contract with GMC Engineering, Inc., in the amount of $394,394 for the Central Park
Parking Lot at Shipley Project, CC-1563; and, authorized 15% in contingency funds
A motion was made by O’Connell, second Brenden to accept the lowest responsive and responsible
base bid submitted by GMC Engineering, Inc., in the amount of $394,394; and, authorize the Mayor and
City Clerk to execute a construction contract in a form approved by the City Attorney; and, authorize the
Director of Public Works to expend up to 15% in contingency funds.
The motion carried by the following vote:
AYES: Posey, Peterson, Brenden, Delgleize, Hardy, O’Connell, and Semeta
NOES: None
12. 18-002 — Accepted the lowest responsive and responsible bid and authorized execution of a
construction contract with Golden State Constructors in the amount of $486,031.00 for the City-
wide ADA Improvements Project, CC-1568; and, authorized 15% in contingency funds
A motion was made by O’Connell, second Brenden to accept the lowest responsive and responsible
base bid submitted by Golden State Constructors in the amount of $486,031.00; and, authorize the
Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney; and,
authorize the Director of Public Works to expend up to 15% in contingency funds.
The motion carried by the following vote:
AYES: Posey, Peterson, Brenden, Delgleize, Hardy, O’Connell, and Semeta
NOES: None
13. 18-010 — Approved Release Guarantee and Warranty Bond for Tract 17716 (Coastal Walk
Subdivision)
A motion was made by O’Connell, second Brenden to Release Guarantee and Warranty Bond No.
PB03010401931-M (Attachment 1) and instruct the City Clerk to notif y Olson Urban - Huntington Beach
2 LLC and the City Treasurer to notify Philadelphia Indemnity Insurance Company of this action.
The motion carried by the following vote:
AYES: Posey, Peterson, Brenden, Delgleize, Hardy, O’Connell, and Semeta
NOES: None
14. 18-036 — Accepted the Sewer Service Fund Performance Audit for Fiscal Year 2017-18
31
A motion was made by O’Connell, second Brenden to Accept the Sewer Service Fund Annual
Performance Audit for Fiscal Year 2017-18
The motion carried by the following vote:
AYES: Posey, Peterson, Brenden, Delgleize, Hardy, O’Connell, and Semeta
NOES: None
15. 18-007 — Adopted Resolution No. 2018-31 Establishing Permit Parking District "W" Affecting
Residents on Farinella Drive between Edwards Street and Cooper Lane.
A motion was made by O’Connell, second Brenden to adopt Resolution No. 2018-31, "A Resolution of
the City Council of the City of Huntington Beach Establishing Permit Parking District "W" Within the City
of Huntington Beach"
The motion carried by the following vote:
AYES: Posey, Peterson, Brenden, Delgleize, Hardy, O’Connell, and Semeta
NOES: None
16. 18-008 — Adopted Resolution No. 2018-30 Amending Residential Permit Parking District "K"
Affecting Residents along Farinella Drive
Councilmember Delgleize pulled this item to thank the Farinella Drive residents who took the time to
share their concerns regarding the parking issues.
A motion was made by Delgleize, second O’Connell to adopt Resolution No. 2018-30, "A Resolution of
the City Council of the City of Huntington Beach Amending Permit Parking District "K" Within the City of
Huntington Beach."
The motion carried by the following vote:
AYES: Posey, Peterson, Brenden, Delgleize, Hardy, O’Connell, and Semeta
NOES: None
17. 18-009 — Approved and authorized execution of an amendment to the West Orange County
Water Board (WOCWB) Joint Powers Agreement to make the WOCWB Fiscal Year July 1
through June 30
A motion was made by O’Connell, second Brenden to approve and authorize the Mayor and City Clerk to
execute "Amendment to the West Orange County Water Board Joint Powers Agreement" to change the
Fiscal Year to July 1 through June 30.
The motion carried by the following vote:
AYES: Posey, Peterson, Brenden, Delgleize, Hardy, O’Connell, and Semeta
NOES: None
32
18. 18-004 — Second reading for adoption for Ordinance No. 4134 approving Zoning Map
Amendment No. 16-003 and Ordinance No. 4135 approving Development Agreement No. 16-
001-Windward Residential and Open Space
(Approved for Introduction 5/21/18 as amended by Supplemental Communication)
Vote: 4-1-2 (Hardy-No; Peterson, Semeta-Absent)
A motion was made by O’Connell, second Brenden to approve Zoning Map Amendment No. 16-003 with
findings for approval (Attachment No. 1) and adopt Ordinance No. 4134, "An Ordinance of the City of
Huntington Beach Amending District Map 33 (Sectional Map 28-5-11) of the Huntington Beach Zoning
and Subdivision Ordinance to Rezone the Real Property Generally Located Southeast of the Intersection
of Bolsa Chica Street and Los Patos Avenue from Residential Agriculture-Coastal Zone Overlay (RA-CZ)
to Specific Plan-Coastal Zone Overlay (SP-CZ) (Zoning Map Amendment No. 16-003);" and, approve
Development Agreement No. 16-001 with findings for approval (Attachment No. 1) and adopt Ordinance
No. 4135, "An Ordinance of the City of Huntington Beach Adopting a Development Agreement By and
Between the City of Huntington Beach and Signal Landmark (Developer) (Development Agreement No.
16-001)."
The motion carried by the following vote:
AYES: Posey, Peterson, Brenden, Delgleize, O’Connell, and Semeta
NOES: Hardy
PUBLIC HEARING
19. 18-059 — Public Hearing to consider adopting Resolution No. 2018-34 to Adopt a Budget for the
City for Fiscal Year 2018/2019 - Continued from May 21, 2018 with Public Hearing Open
City Manager Wilson introduced Finance Manager Carol Molina-Espinoza who presented a PowerPoint
communication entitled: Fiscal Year 2018/19 Proposed Budget, "The Challenge of Change" with slides
titled: FY 2018/19 Proposed Budget Overview, FY 2018/19 General Fund Highlights, FY 2018/19
General Fund Overview, General Fund Revenue Highlights, Public Safety, Public Safety - Police, Public
Safety - Fire, Quality of Life, Quality of Life (All Funds), FY 2018/19 Long Term Financial Sustainability,
Economic and Financial Sustainability, FY 2018/19 Police Unfunded Requests, Pension Costs and
Unfunded Liabilities, Unfunded Liabilities Overview, CalPERS Discount Rate Change, Rising Pension
Costs and What We Are Doing About It, Budget Balancing Options, Infrastructure and CIP,
Infrastructure, Enterprise Reserve Policy Revisions, FY 2018/19 Proposed Budget Recap; City Treasurer
Alisa Cutchen presented the following slides: Cash Flow Projections, Development Process, Cash Flow
Projections All Funds Receipts & Disbursements, Liquidity Projections Bank & LAIF at month end, and
FY 2018/19 Proposed Budget.
Mayor Pro Tem Peterson thanked staff for the work and confirmed with Finance Manager Molina-
Espinoza that the Finance Commission had the opportunity to review all options.
Mayor Posey announced that the Public Hearing was continued Open for this item from May 21, 2018.
Public Hearing Speakers - None
City Clerk Robin Estanislau announced receiving supplemental communication, a PowerPoint
communication from the Finance Department entitled, Fiscal Year 2018/2019 Proposed Budget — "The
33
Challenge of Change."
With no one present to speak on the item, Mayor Posey closed the Public Hearing.
Councilmember Semeta expressed appreciation for Capital Improvement Project items such as Library
and Central Park restroom upgrades, but disappointment that there is a lack of funds to make extra
payment into the pension unfunded liabilities.
Councilmember O'Connell commended staff for all of the work to present the 2018/2019 Budget, and
appreciation for the Public W orks improvements.
Councilmember Hardy echoed Councilmember Semeta's sentiments relating to the pension unfunded
liabilities and stated a top priority for her will be looking for ways to find the necessary resources.
A motion was made by Peterson, second Delgleize to conduct the Public Hearing on the Proposed FY
2018/19 City budget appropriation of $373,127,959 as outlined in the Proposed Budget document; adopt
Resolution Number 2018-34, "A Resolution of the City Council of the City of Huntington Beach Adopting
a Budget for the City for Fiscal Year 2018/19;" authorize the Professional Services included in the FY
2018/19 budget to be representative of the services projected to be utilized by the departments in FY
2018/19; approve adjustments to the FY 2018/19 Proposed Budget in the Funds and by the amounts
contained in Attachment 2, Exhibit A-1; approve the FY 2018/19 Proposed Budget Table of Organization
as shown on Attachment 2 Exhibit D; and, approve an amendment to the City's Financial Policies to
adjust reserve policies for the Water and Sewer Service Funds as shown on Attachment 4.
The motion carried by the following vote:
AYES: Posey, Peterson, Brenden, Delgleize, Hardy, O’Connell, and Semeta
NOES: None
20. 18-063 — Adopted Resolution No. 2018-29, a Resolution of the City Council of the City of
Huntington Beach Amending Resolution No. 2016-59, Establishing the Consolidated
Comprehensive Citywide Master Fee and Charge Schedule (Supplemental Fee Resolution No. 5)
- Continued from May 21, 2018 with Public Hearing Open
City Manager Fred Wilson introduced Finance Manager Dahle Bulosan who presented a PowerPoint
communication entitled: Master Fee and Charges Schedule Adjustments with slides titled: Master Fee
and Charges Schedule Adjustments, Master Fee and Charges Schedule, Proposed Adjustments,
Proposed Fire Department Fee, and Recommended Action
Councilmember Delgleize and Fire Division Chief Bill Reardon discussed the benefits of the inspection
fee.
Councilmember O'Connell and Chief Reardon discussed details related to the inspection process.
Mayor Pro Tem Peterson confirmed these fire systems are very good, and that the State mandates
inspections and keeps everyone in compliance. Mayor Pro Tem Peterson and Chief Reardon discussed
that the system is expected to ensure compliance with the code in existence at the time of installation.
Mayor Posey announced that the Public Hearing was continued Open from May 21, 2018.
34
Public Hearing Speakers – None
City Clerk Robin Estanislau announced receiving supplemental communication, a PowerPoint
communication received from the Finance Department entitled, Master Fee and Charges Schedule —
Adjustments, after the agenda packet was distributed.
With no one present to speak on the item, Mayor Posey closed the Public Hearing.
A motion was made by Delgleize, second O’Connell to conduct a public hearing regarding the Master
Fee and Charges Schedule Adjustments; and, adopt Resolution No. 2018-29, "A Resolution of the City
Council of the City of Huntington Beach Amending Resolution No. 2016-59, Establishing the
Consolidated Comprehensive Citywide Master Fee and Charges Schedule (Supplemental Fee
Resolution No. 5)"
The motion carried by the following vote:
AYES: Posey, Peterson, Brenden, Delgleize, Hardy, O’Connell, and Semeta
NOES: None
ORDINANCES FOR INTRODUCTION
21. 18-061 — WITHDRAWN - Approve for Introduction Ordinance No. 4162 adding Chapter 12.40 to
the Municipal Code regarding installing City-Owned Communications Infrastructure as part of
Right-of-Way Projects of Electric, Gas, and Telecommunication Providers
Mayor Posey again announced this item had been pulled from the agenda for consideration.
COUNCILMEMBER COMMENTS (Not Agendized)
Councilmember O'Connell reported attending the memorial for Ross Nash, and the Concours d'Elegance
- Rod & Custom Show & Premier Car Show.
Councilmember Semeta reported attending the Women's Philanthropy Fund Breakfast which raised
approximately $600,000 to support initiatives targeting education, housing, health and income challenges
for women and children in Orange County. She also reported representing the City at the 12th Annual
Boeing Discovery Cube Rocket Launch event, attended the Sunset Beach Art Festival, and the Memorial
Day Ceremony at Pier Plaza.
Mayor Pro Tem Peterson reported welcoming the House Committee on Science, Space and Technology
to Council Chambers, where they discussed the National Earthquake Hazards Research Program.
Councilmember Delgleize reported attending an Association of California Cities - Orange County (ACC-
OC) meeting with the Orange County Housing Trust regarding Orange County homelessness.
Councilmember Hardy thanked American Legion Post 133 for another amazing Memorial Day Ceremony
at Pier Plaza.
35
Councilmember Brenden reported attending the Operation Surf Opening Ceremonies at Pier Plaza, and
announced a free concert at 12:30 PM at the Senior Center featuring Forever Young who unfortunately
will now be performing without Father Christian Mondor.
Mayor Posey reported attending the Annual Public Works Open House at Surf City Nights/Downtown
HB, hosting Coffee with the Mayor at Monkey House Cafe, Memorial Day Ceremony at Pier Plaza, the
Concours d'Elegance - Rod & Custom Show & Premier Car Show, Operation Surf Opening Ceremonies
at Pier Plaza (including a short video presentation), the Huntington Beach Coordinating Council Meeting
to install new officers, and announced the next Coffee with the Mayor on June 16, 9 - 11 AM, at Coffee
Bean and Tea Leaf on Beach at Utica.
ADJOURNMENT — 8:06 PM to the next regularly scheduled meeting of the Huntington Beach City
Council/Public Financing Authority on Monday, June 18, 2018, at 4:00 PM in the Civic Center Council
Chambers, 2000 Main Street, Huntington Beach, California.
INTERNET ACCESS TO CITY COUNCIL/PUBLIC FINANCING AUTHORITY AGENDA AND
STAFF REPORT MATERIAL IS AVAILABLE PRIOR TO CITY COUNCIL MEETINGS AT
http://www.huntingtonbeachca.org
______________________________________
City Clerk and ex-officio Clerk of the City
Council of the City of Huntington Beach
and Secretary of the Public Financing Authority
of the City of Huntington Beach, California
ATTEST:
___________________________________
City Clerk-Secretary
______________________________________
Mayor-Chair
36
Boards & Commissions Application
First Name
Vipe
Last Name
Desai
Home Address:
City
Huntington Beach
Zip Code State
Business Address: City
Zip Code State
CA
Email Phone
Occupation
Small business owner
Length of Residency
3+ years
United State Citizen
yes
Name of Board, Comission, Committee or Task
Force
Environmental Board
Submitted: 26 May 2017
Education Background
B.A. Business Writing from Point Loma Nazarene University
Professional Experience
Complete work history is available at https://www.linkedin.com/in/vipedesai
Special Knowledge or Skill
Marketing Branding Entrepreneurship Cause Marketing Social Media Public Relations Fundraising Advertising
Event Production
Civic Interests
Community sustainability, environmental and economic development and management.
Availability (Must be available for meetings)
I have the time to participate in the monthly Environmental Board Meetings in addition to any extra time needed
for off-site work and trips as needed.
How Will You Qualifications Best Serve the Needs of the Community?
I have more than 30 years experience in marketing, management and philanthropy and I would like to bring the
business and operational processes I have learned along the way to make the Environmental Board more
effective. In addition, the variety of businesses and projects I've been involved with will allow me to bring a
pragmatic approach to any size project.
Why Do You Wish to Serve on a Volunteer Citizen's Body?
I see many opportunities to share my experience and knowledge to help to improve this community and the city
I now call home.
Page 1 of 1Surfnet - Boards & Commission Application
5/30/2017http://surfnetdev.cohb.net/admin/boards_commissions/application...
37
Infrastructure
Fund
Building
Improvements
Water
Improvements
Sewer
Improvements
Streets &
Transportation
Park/Beach
Improvements
Infrastructure Fund Annual Report
Fiscal Year 2016-2017
City of
Huntington Beach
38
SUBMITTED TO: Citizen’s Infrastructure Advisory Board
SUBMITTED BY: Travis K. Hopkins, PE, Director of Public Works
DATE: May 24, 2018
SUBJECT: Approve Infrastructure Fund Annual Report - Revised
Statement of Issue: The City Charter requires an annual review and
performance audit of the Infrastructure Fund, and a report of the findings to the
City Council. This provides information pre-audit information on Fiscal Year
2016/17 and budget information on the current fiscal year.
Funding Source: Infrastructure Fund No. 314
Recommended Action: Motion to recommend to City Council approval of the
Infrastructure Fund Annual Report.
Alternative Action(s): Direct staff to modify the Annual Report.
Analysis: The Infrastructure Fund was established in 2002, by City Charter Section
617. Per Section 617 (a), the originally intended revenue source for the
Infrastructure Fund was a planned utility use tax on natural gas purchased to
generate electricity. However, this ballot measure failed. So, while the Charter
amendment created the fund, it was left with no source of revenue.
Other Charter requirements related to the fund are:
Revenue placed in the Infrastructure Fund shall not supplant existing
infrastructure funding.
General Fund expenditures for infrastructure improvements and
maintenance, subsequent to 2001, shall not be reduced below 15% of
general fund revenues based on a five-year rolling average.
The City Council shall by ordinance establish a Citizens Infrastructure
Advisory Board to conduct an annual review and performance audit of
the Infrastructure Fund and report its findings to the City Council prior to
adoption of the following fiscal-year budget.
The single substantial revenue source to the fund is General Fund excess fund
balance per the Financial Policy adopted in Fiscal Year 2006/07. The Policy was
39
revised beginning in Fiscal Year 2009/10 to allow for an Economic Uncertainties
Reserve commitment. Excerpts addressing the Infrastructure Fun d for the
previous and current policies are shown in Attachment 1.
Revenue - FY 2016/17
1. There was a General Fund transfer of $500,000 to the Infrastructure Funds in FY
2016/17 to fund improvements in Central Park.
2. The fund was reimbursed $22,290 from the County for the Huntington Harbour
dredging project.
3. Interest and market adjustments are paid in proportion to the citywide
investments and fund balance. For 2016/17 this totaled $24,997.
Total Revenue for FY 2016/17 was $547,287.
Revenue Item Actual
County Reimbursement $22,290
Interest and Market Adjustments $24,997
General Fund Transfer $500,000
Total Revenue $547,287
Expenditures - 16-17
Budgeted expenditures and expenditure adjustments for FY 2016/17
consisted of carry forward projects and carry over encumbrances from
2015/16 and new funds. Where applicable, project sheets from the FY 16/17
Capital Improvement Program (CIP) are included as Attachment 2. Total
expenditures for the year were $2,751,010.
1. Central Park Improvements (business unit 31440002) – In July 2017, Council
approved a $500,000 General Fund transfer and appropriation to the
Infrastructure Fund to address needed improvements in Central Park. Of
this amount only $21,161 was spent before the end of the year.
Encumbrance carry forwards to FY 17/18 totaled $144,749 and CIP carry
to FY 17/18 totaled $334,090.
2. Worthy Park Phase I project (business unit 31445002) – The budget
included $451,096 in CIP carry over and $47,600 in carry forward
encumbrances. Total - $498,696. A total of $303,660 of this was spent
during the fiscal year. $147,262 in encumbrances were carried forward
into FY 17/18.
3. Main Promenade Parking Structure (business unit 31445003) – The 16/17
budget included $117,175 in CIP carry over and $174,340 encumbrance
carry forward. Total - $291,515. Of this amount $87,746 was spent on the
project and $203,769 was moved to FY 17/18 as a CIP carry over.
40
4. Infrastructure Engineering/Design (business unit 31485201) – The 16/17
budget included $509,180 in CIP carry over and $3,600 in encumbrance
carry forward. Total - $512,780. $375,589 was used to repave Main Street
from PCH to Adams and to repair the elevator at the Central Library.
$137,191 in encumbrances were carried forward to FY 17/18.
5. Senior Center (business unit 31487003) – The 16/17 budget began the
year with $1,023,298 in CIP carry over funds. Of these funds $65,951 was
spent to finish landscaping at the Center and $7,848 in encumbrances
were carried forward to FY 17/18. The remainder of the funds were
returned to reserves and will be reprogrammed for other projects.
6. Heil Pump Station (business unit 31488001) – The 16/17 budget consisted of
$2,277,572 in CIP carry over funds. Staff successfully negotiated the
purchase of the necessary property for $1,068,586. Additional cost related
to the land purchase and the project totaled $24,850 for total
expenditures of $1,093,436. $1,130,966 in CIP carry over and carry over
encumbrances were moved to FY 17/18. The City received a Hazard
Mitigation Grant of $2,250,000 for construction of the station in 2015.
7. Bella Terra Pedestrian Crossing (business unit 31490001) - The Infrastructure
Fund is being used as a holding account for devel oper fees and
expenditures related to the proposed Bella Terra Pedestrian Crossing
Project. The FY 2016/17 budget includes $63,639 in encumbrance carry
over funds related to preliminary design and $200,000 in carry forward
funds designated for construction. However, to date the project has
failed to move forward due to the fact the Public Utilities Commission,
which oversees railroad crossings, is reluctant to allow an at-grade
pedestrian crossing.
8. Arterial Rehabilitation (business unit 31490003) – The 16/17 budget
included $1,200,000 in new funds for the annual Arterial Rehabilitation
project. $449,852 was spent during the fiscal year and $749,889 in
encumbrances were carried forward to FY 17/18.
9. Atlanta Avenue Widening (business unit 31490004) – The 16/17 budget
included $513,710 in CIP carry over, $140,000 in encumbrance carry
forward and $150,000 in transfers to cover legal costs for a total of
$803,710. During the fiscal year $106,445, was spent on litigation costs.
The ongoing negotiations for the purchase of the property necessitated
that the City pay space rent on the 8 trailers that will need to be moved in
order to continue with the project. These costs totaled $247,170 for total
expenditures of $353,615. $450,095 in encumbrance carry forwards and
CIP carry over were moved to FY 17/18.
A summary of budget and expenditure activity and an expenditure transaction
detail are included as Attachment 3 to this report. A revision has been made to
the summary page from the April 26, 2018.
Budgeted Revenue - FY 17-18
Beginning in FY 17/18, the $3.1M in projects that had been budgeted in the
General Fund for the past several years were instead budgeted in the
41
Infrastructure Fund. Therefore, a $3,100,000 transfer from the General Fund to
the Infrastructure fund was originally budgeted for FY 17/18 along with a $10,000
reimbursement associated with an agreement with Beachmont Plaza for traffic
signal installation. Since budget development, the City has elected to change
fiscal years from the previous October to September format to the more
common July to June format. This results in a truncated nine -month fiscal year
for 17/18. Therefore, both the revenue and expenditure budgets were adjusted
accordingly. The revised General Fund transfer for FY17/18 is $2,300,000 for a
revised total of $2,310,000.
Budgeted Expenditures – 17/18
1. Infrastructure Projects 17/18 (business unit 31440001) – As noted above,
beginning in FY 17/18, the $3.1M in projects that had been budgeted in
the General Fund for the past several years were instead budgeted in the
Infrastructure Fund. However, this total was revised to $2,300,000 for the
revised fiscal year. The originally budgeted projects are shown below.
Staff is in the process of evaluating which projects to defer.
Project
17-18
budget
Various Roof Replacements $180,000
Central Library HVAC Ductwork $320,000
Central Library Building Alarm Systems Upgrade $40,000
Police Lower Level Renovations $80,000
Fire Station 8-Heil Apparatus Bay Entry
Modification $125,000
Residential Overlay $260,000
Concrete Replacement $250,000
Alley Rehab $240,000
Central Park East - Improvements $127,000
Beach Nourishment Project $282,000
Sport Complex Turf Replacement $196,000
Arterial Rehab 17-18 $1,000,000
Total $3,100,000
2. Central Park Improvements (business unit 31440002) - $144,749 in carry
forward encumbrances and CIP carry over of $334,090. Total - $478,839.
3. Worthy Park Phase I project (business unit 31445002) - $147,262 in carry
forward encumbrances.
42
4. Main Promenade Parking Structure (business unit 31445003) - $203,769 in
CIP carry over.
5. Infrastructure Engineering/Design (business unit 31485201) - $133,526 in
carry forward encumbrances and $23,665 in CIP carry over. Total -
$137,191.
6. Senior Center (business unit 31487003) –$7,848 in carry forward
encumbrances.
7. Heil Pump Station (business unit 31488001) - $1,118,263 in CIP carry over
and $12,703 in encumbrance carry forward. Total - $1,130,966. As noted
above, the City also received a Hazard Mitigation Grant of $2,250,000 for
construction of the station. These funds are budgeted in a separate grant
fund.
8. Bella Terra Pedestrian Crossing (business unit 31490001) – $263,639 in CIP
carry over. As noted above, this business unit is utilized as a holding
account for developer funds designated for construction of a pedestrian
railroad crossing at Bella Terra.
9. Arterial Rehabilitation (business unit 31490003) - $749,889 in carry forward
encumbrances.
10. Atlanta Avenue Widening (business unit 31490004) - $363,516 in CIP carry
over and $86,479 in encumbrance carry forward. Total - $450,095.
A summary of the FY 17-18 Infrastructure Fund expenditure budget is included as
Attachment 4.
Fund Balance
Fund Balance 10/1/16 $7,063,285
Revenue FY 16/17 $547,287
Expenditures FY 16/17 ($2,751,010)
Fund Balance 10/1/17 $4,859,562
Projected Revenue FY 17/18 $2,310,000
Budgeted Expenditure FY 17/18 ($5,869,496)
Projected Fund Balance 7/1/18 $1,300,066
Special Note – As noted earlier, the City is changing fiscal years from the current
October 1 to September 30 format to a July 1 to June 30 format. This will be
effective July 1, 2018. Next year’s report will reflect a truncated fiscal year of
only nine months. Subsequently, the Citizens Infrastructure Advisory Board
meetings will occur approximately three months earlier in the year.
Attachments:
1. Excerpts from Financial Policies adopted FY 2006/07 and 2009/10
2. Project Sheets
43
3. Infrastructure Fund (314) Summary of Budget and Expenditure Activity – FY
16/17 and Transaction Detail
4. Infrastructure Fund (314) Expenditure Budget Summary – FY 17/18
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
Project Business Unit
Revised 16/17
Budget Actual
Encumbrance
Carry Over to
16/17
CIP Carry
Forward to
17/18
Total Carry
Over to 17/18
Central Park Improvements 31440002 $500,000 $21,161 $144,749 $334,090 $478,839
Worthy Park Phase 1 31445002 $498,696 $303,660 $147,262 $0 $147,262
Main Prom P.S. Improvements 31445003 $291,515 $87,746 0 $203,769 $203,769
Infrastructure Design/Const 31485201 $512,780 $375,589 $113,526 $23,665 $137,191
Senior Center 31487003 $1,023,298 $65,951 $7,848 $0 $7,848
Heil Pump Station ROW/Const 31488001 $2,277,572 $1,093,436 $12,703 $1,118,263 $1,130,966
Bella Terra Pedestrian Crossing 3149001 $263,639 $0 $0 $263,639 $263,639
Arterial Rehabilitation 31490003 $1,200,000 $449,852 $749,889 $0 $749,889
Atlanta Avenue Widening 31490004 $803,710 $353,615 $86,579 $363,516 $450,095
Totals $6,871,210 $2,751,010 $1,262,556 $2,306,942 $3,569,498
note - amounts have been rounded to the nearest dollar
Infrastructure Fund (314) Summary of Budget and Expenditure Activity - FY 16-17
68
69
70
71
72
73
ATLANTA AVENUE WIDENING, CC-1319LOCATION MAP74
AMENDED IN ASSEMBLY SEPTEMBER 6, 2017
AMENDED IN ASSEMBLY AUGUST 21, 2017
AMENDED IN ASSEMBLY JULY 5, 2017
AMENDED IN SENATE MARCH 27, 2017
AMENDED IN SENATE JANUARY 17, 2017
SENATE BILL No. 10
Introduced by Senators Hertzberg, Allen, Anderson, Atkins, Beall,
Bradford, Lara, Mitchell, Monning, Skinner, Wieckowski, and
Wiener
(Principal coauthors: Assembly Members Bonta, Bloom, Chiu,
Jones-Sawyer, Quirk, and Mark Stone)
December 5, 2016
An act to amend and repeal Sections 1270, 1270.1, 1270.2, 1288,
1319, and 1319.5 of, to amend, repeal, and add Sections 825, 1269,
1269a, 1269b, 1269c, 1275, 1275.1, 1277, 1278, 1284, 1289, 1295,
1318, and 1318.1 of, and to add Sections 1275a, 1275b, 1318.2, and
1318.3 to, the Penal Code, relating to bail.
legislative counsel’s digest
SB 10, as amended, Hertzberg. Bail: pretrial release.
Existing law provides for the procedure of approving and accepting
bail, and issuing an order for the appearance and release of an arrested
person. Existing law requires that bail be set in a fixed amount, as
specified, and requires, in setting, reducing, or denying bail, a judge or
magistrate to take into consideration the protection of the public, the
seriousness of the offense charged, the previous criminal record of the
defendant, and the probability of his or her appearing at trial or at a
75
hearing of the case. Under existing law, the magistrate or commissioner
to whom the application is made is authorized to set bail in an amount
that he or she deems sufficient to ensure the defendant’s appearance or
to ensure the protection of a victim, or family member of a victim, of
domestic violence, and to set bail on the terms and conditions that he
or she, in his or her discretion, deems appropriate, or he or she may
authorize the defendant’s release on his or her own recognizance.
Existing law provides that a defendant being held for a misdemeanor
offense is entitled to be released on his or her own recognizance, unless
the court makes a finding on the record that an own recognizance release
would compromise public safety or would not reasonably ensure the
appearance of the defendant as required.
This bill would declare the intent of the Legislature to enact legislation
that would safely reduce the number of people detained pretrial, while
addressing racial and economic disparities in the pretrial system, and
to ensure that people are not held in pretrial detention simply because
of their inability to afford money bail.
This bill would, beginning January 1, 2020, implement a revised
pretrial release procedure. The bill, among other things, would require,
with exceptions, that a pretrial services agency conduct a pretrial risk
assessment on an arrested person and prepare a pretrial services report
that includes the results of the pretrial risk assessment and
recommendations on conditions of release for the person immediately
upon booking. The bill would require the pretrial services agency to
transmit the report to a magistrate, judge, or court commissioner and
the magistrate, judge, or court commissioner, within 6 hours, to issue
an oral or written order to release the person, with or without release
conditions, subject to the person signing a specified release agreement.
The bill would, beginning January 1, 2020, require, if a person is in
custody at the time of his or her arraignment, the judge or magistrate
to consider the pretrial services report and any relevant information
provided by the prosecuting attorney or the defendant and to order the
pretrial release of the person, with or without conditions, subject to the
person signing a specified release agreement. If the judge or magistrate
determines that pretrial release, with or without conditions, will not
reasonably ensure the appearance of the person in court as required, the
bill would require the judge or magistrate to set monetary bail at the
least restrictive level necessary to ensure the appearance of the defendant
in court as required. The bill would authorize, if the judge or magistrate
has set monetary bail, the person to execute an unsecured appearance
2
76
bond, execute a secured appearance bond, or deposit a percentage of
the sum mentioned in the order setting monetary bail.
The bill would, beginning January 1, 2020, authorize a prosecuting
attorney to file a motion seeking the pretrial detention of a person in
certain circumstances, including when the person has been charged with
a capital crime and the prosecuting attorney alleges that the facts are
evident or the presumption great. The bill would require, if this motion
has been filed, a hearing to be held to determine whether to release the
person pending trial, unless the person waives the hearing. The bill
would authorize the person to be detained pretrial only if the court
makes one of several specified findings.
The bill would, beginning January 1, 2020, require each county to
establish a pretrial services agency that would be responsible for
gathering information about newly arrested persons, conducting pretrial
risk assessments, preparing individually tailored recommendations to
the court regarding release options and conditions, and providing pretrial
services and supervision to persons on pretrial release. The bill would
require an unspecified agency to take certain actions relating to the
implementation of the revised pretrial release procedure, including,
among others, selecting a pretrial risk assessment tool to be used in
conducting pretrial risk assessments that meets specified requirements
and reviewing collected data to monitor compliance with state law and
guidelines relating to pretrial release. The bill would also authorize that
agency, beginning January 1, 2020, to take certain actions relating to
the implementation of the revised pretrial release procedure, including,
among other things, providing training and assistance to judges,
prosecutors, defense attorneys, pretrial services agencies, jail staff, and
law enforcement agencies. The bill would require the Board of State
and Community Corrections, in consultation with that unspecified
agency, to develop a plan that establishes statewide requirements for
counties relating to annual reporting of pretrial release and detention
information. The bill would require the Judicial Council to, among
other things, adopt rules of court regarding pretrial risk assessment
information and the imposition of pretrial release terms and conditions.
The bill would require courts to provide specified information to the
Judicial Council, and would require the Judicial Council to provide a
biennial report to the Legislature.
By imposing additional duties on local agencies, this bill would
impose a state-mandated local program.
3
77
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to the statutory
provisions noted above.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
The people of the State of California do enact as follows:
line 1 SECTION 1. The Legislature finds and declares all of the
line 2 following:
line 3 (a) Modernization of the pretrial system is urgently needed in
line 4 California, where thousands of individuals held in county jails
line 5 across the state have not been convicted of a crime and are detained
line 6 while awaiting trial simply because they cannot afford to post
line 7 money bail or pay a commercial bail bond company. In 2015, 63
line 8 percent of people in California jails were either awaiting trial or
line 9 sentencing. In 2016, the percentage of people in California jails
line 10 awaiting trial or sentencing rose to 66 percent. As compared with
line 11 the rest of the country, California has relied on pretrial detention
line 12 at much higher rates than other states.
line 13 (b) California’s existing pretrial detention practices allow a
line 14 person’s wealth rather than the person’s likelihood of success on
line 15 pretrial release to determine whether the person will remain in jail
line 16 before the person’s case is resolved. Detaining people simply due
line 17 to an inability to afford money bail violates the American principles
line 18 of equal protection and fundamental fairness. Nationwide, the
line 19 majority of people who are unable to meet money bail fall within
line 20 the poorest third of society.
line 21 (c) The consequences of pretrial detention — which include a
line 22 greater likelihood of innocent people pleading guilty to a crime,
line 23 longer sentences upon conviction, loss of employment, income,
line 24 and housing, and traumatic family disruption — disproportionately
line 25 affect people of color and low-income people.
line 26 (d) The commercial money bail system, which requires people
line 27 to pay nonrefundable deposits to private companies in order to
line 28 secure release from jail, often leaves people in debt and drives
4
78
line 1 them and their families further into poverty. The commercial
line 2 money bail system does not improve rates of appearance in court
line 3 or enhance public safety.
line 4 (e) California should follow the lead of the federal government
line 5 and jurisdictions across the country that have stopped making
line 6 wealth-based decisions on pretrial detention and instead have
line 7 shifted to a system that evaluates whether an individual can be
line 8 safely returned to the community as well as make required court
line 9 appearances, and, if so, under what conditions.
line 10 (f) It is far more expensive to house a person in jail than to safely
line 11 release him or her pending trial with conditions of release or
line 12 pretrial supervision.
line 13 (g) While unnecessary pretrial detention has been found to
line 14 increase the likelihood that some defendants will commit new
line 15 crimes, appropriate pretrial release can reduce recidivism.
line 16 (h) Pretrial services programs have already been successfully
line 17 implemented in many California jurisdictions and have helped to
line 18 reduce pretrial jail populations, save money, increase rates of
line 19 appearance in court, and protect the public.
line 20 (i) Increasing the use of evidence-based practices in pretrial
line 21 decisions will provide judges, law enforcement agencies, and
line 22 pretrial service providers with additional tools to both assist them
line 23 in assessing a defendant’s likelihood of success on pretrial release
line 24 and to identify and meet the needs of those defendants and the
line 25 community to ensure constitutional and statutory objectives.
line 26 (j) Modernizing pretrial practices will support the goals of the
line 27 Public Safety Realignment Act of 2011 by providing additional
line 28 options to manage pretrial populations using best practices
line 29 developed over many years across many jurisdictions.
line 30 SEC. 2. It is the intent of the Legislature in enacting this act
line 31 to safely reduce the number of people detained pretrial, while
line 32 addressing racial and economic disparities in the pretrial system,
line 33 and to ensure that people are not held in pretrial detention simply
line 34 because of their inability to afford money bail.
line 35 SEC. 3. Section 825 of the Penal Code is amended to read:
line 36 825. (a) (1) Except as provided in paragraph (2), the defendant
line 37 shall in all cases be taken before the magistrate without unnecessary
line 38 delay, and, in any event, within 48 hours after his or her arrest,
line 39 excluding Sundays and holidays.
5
79
line 1 (2) When the 48 hours prescribed by paragraph (1) expire at a
line 2 time when the court in which the magistrate is sitting is not in
line 3 session, that time shall be extended to include the duration of the
line 4 next court session on the judicial day immediately following. If
line 5 the 48-hour period expires at a time when the court in which the
line 6 magistrate is sitting is in session, the arraignment may take place
line 7 at any time during that session. However, when the defendant’s
line 8 arrest occurs on a Wednesday after the conclusion of the day’s
line 9 court session, and if the Wednesday is not a court holiday, the
line 10 defendant shall be taken before the magistrate not later than the
line 11 following Friday, if the Friday is not a court holiday.
line 12 (b) After the arrest, any attorney at law entitled to practice in
line 13 the courts of record of California, may, at the request of the
line 14 prisoner or any relative of the prisoner, visit the prisoner. Any
line 15 officer having charge of the prisoner who willfully refuses or
line 16 neglects to allow that attorney to visit a prisoner is guilty of a
line 17 misdemeanor. Any officer having a prisoner in charge, who refuses
line 18 to allow the attorney to visit the prisoner when proper application
line 19 is made, shall forfeit and pay to the party aggrieved the sum of
line 20 five hundred dollars ($500), to be recovered by action in any court
line 21 of competent jurisdiction.
line 22 (c) This section shall remain in effect only until January 1, 2020,
line 23 and as of that date is repealed.
line 24 SEC. 4. Section 825 is added to the Penal Code, to read:
line 25 825. (a) (1) Except as provided in paragraph (2), the defendant
line 26 shall in all cases be taken before the magistrate without unnecessary
line 27 delay, and, in any event, within 48 hours after his or her arrest,
line 28 excluding Sundays and holidays.
line 29 (2) When the 48 hours prescribed by paragraph (1) expire at a
line 30 time when the court in which the magistrate is sitting is not in
line 31 session, that time shall be extended to include the duration of the
line 32 next court session on the judicial day immediately following. If
line 33 the 48-hour period expires at a time when the court in which the
line 34 magistrate is sitting is in session, the arraignment may take place
line 35 at any time during that session. However, if the defendant’s arrest
line 36 occurs on a Wednesday after the conclusion of the day’s court
line 37 session and if the Wednesday is not a court holiday, the defendant
line 38 shall be taken before the magistrate not later than the following
line 39 Friday, if the Friday is not a court holiday.
6
80
line 1 (b) After the arrest, any attorney at law entitled to practice in
line 2 the courts of record of California may, at the request of the detainee
line 3 or any relative of the detainee, visit the detainee. Any officer having
line 4 charge of the detainee who willfully refuses or neglects to allow
line 5 that attorney to visit a detainee is guilty of a misdemeanor. Any
line 6 officer having a detainee in charge, who refuses to allow the
line 7 attorney to visit the detainee when proper application is made,
line 8 shall forfeit and pay to the party aggrieved the sum of five hundred
line 9 dollars ($500), to be recovered by action in any court of competent
line 10 jurisdiction.
line 11 (c) This section shall become operative on January 1, 2020.
line 12 SEC. 5. Section 1269 of the Penal Code is amended to read:
line 13 1269. (a) The taking of bail consists in the acceptance, by a
line 14 competent court or magistrate, of the undertaking of sufficient bail
line 15 for the appearance of the defendant, according to the terms of the
line 16 undertaking, or that the bail will pay to the people of this state a
line 17 specified sum. Upon filing, the clerk shall enter in the register of
line 18 actions the date and amounts of such bond and the name or names
line 19 of the surety or sureties thereon. In the event of the loss or
line 20 destruction of the bond, the entries so made shall be prima facie
line 21 evidence of the due execution of the bond as required by law.
line 22 (b) Whenever any bail bond has been deposited in any criminal
line 23 action or proceeding in a municipal or superior court or in any
line 24 proceeding in habeas corpus in a superior court, and it is made to
line 25 appear to the satisfaction of the court by affidavit or by testimony
line 26 in open court that more than three years have elapsed since the
line 27 exoneration or release of said bail, the court must direct that the
line 28 bond be destroyed.
line 29 (c) This section shall remain in effect only until January 1, 2020,
line 30 and as of that date is repealed.
line 31 SEC. 6. Section 1269 is added to the Penal Code, to read:
line 32 1269. (a) The taking of monetary bail consists in the
line 33 acceptance, by a competent court or magistrate, of the undertaking
line 34 of sufficient monetary bail for the appearance of the defendant,
line 35 according to the terms of the undertaking, or that the bail will pay
line 36 to the people of this state a specified sum. Upon filing, the clerk
line 37 shall enter in the register of actions the date and amounts of the
line 38 bond, the defendant’s name, and, if applicable, the name or names
line 39 of the surety or sureties thereon. In the event of the loss or
7
81
line 1 destruction of the bond, the entries so made shall be prima facie
line 2 evidence of the due execution of the bond as required by law.
line 3 (b) Whenever any bail bond has been deposited in any criminal
line 4 action or proceeding in a municipal or superior court or in any
line 5 proceeding in habeas corpus in a superior court, and it is made to
line 6 appear to the satisfaction of the court by affidavit or by testimony
line 7 in open court that more than three years have elapsed since the
line 8 exoneration or release of said bail, the court must direct that the
line 9 bond be destroyed.
line 10 (c) This section shall become operative on January 1, 2020.
line 11 SEC. 7. Section 1269a of the Penal Code is amended to read:
line 12 1269a. (a) Except as otherwise provided by law, a defendant
line 13 charged in a warrant of arrest with any public offense shall not be
line 14 discharged from custody upon bail except upon a written order of
line 15 a competent court or magistrate admitting the defendant to bail in
line 16 the amount specified in the indorsement referred to in Section
line 17 815a, and where an undertaking is furnished, upon a written order
line 18 of the court or magistrate approving the undertaking. All those
line 19 orders shall be signed by the court or magistrate and delivered to
line 20 the officer having custody of the defendant before the defendant
line 21 is released. Any officer releasing any defendant upon bail otherwise
line 22 than as herein provided shall be guilty of a misdemeanor.
line 23 (b) This section shall remain in effect only until January 1, 2020,
line 24 and as of that date is repealed.
line 25 SEC. 8. Section 1269a is added to the Penal Code, to read:
line 26 1269a. (a) Except as otherwise provided by law, a defendant
line 27 charged in a warrant of arrest with any public offense shall not be
line 28 discharged from custody upon monetary bail except upon a written
line 29 order of a competent court or magistrate admitting the defendant
line 30 to bail in the amount determined pursuant to subdivision (c) of
line 31 Section 1275a and where an undertaking is furnished, upon a
line 32 written order of the court or magistrate approving the undertaking.
line 33 All those orders shall be signed by the court or magistrate and
line 34 delivered to the officer having custody of the defendant before the
line 35 defendant is released. Any officer releasing any defendant upon
line 36 bail otherwise than as herein provided shall be guilty of a
line 37 misdemeanor.
line 38 (b) This section shall become operative on January 1, 2020.
line 39 SEC. 9. Section 1269b of the Penal Code is amended to read:
8
82
line 1 1269b. (a) The officer in charge of a jail in which an arrested
line 2 person is held in custody, an officer of a sheriff’s department or
line 3 police department of a city who is in charge of a jail or is employed
line 4 at a fixed police or sheriff’s facility and is acting under an
line 5 agreement with the agency that keeps the jail in which an arrested
line 6 person is held in custody, an employee of a sheriff’s department
line 7 or police department of a city who is assigned by the department
line 8 to collect bail, the clerk of the superior court of the county in which
line 9 the offense was alleged to have been committed, and the clerk of
line 10 the superior court in which the case against the defendant is
line 11 pending may approve and accept bail in the amount fixed by the
line 12 warrant of arrest, schedule of bail, or order admitting to bail in
line 13 cash or surety bond executed by a certified, admitted surety insurer
line 14 as provided in the Insurance Code, to issue and sign an order for
line 15 the release of the arrested person, and to set a time and place for
line 16 the appearance of the arrested person before the appropriate court
line 17 and give notice thereof.
line 18 (b) If a defendant has appeared before a judge of the court on
line 19 the charge contained in the complaint, indictment, or information,
line 20 the bail shall be in the amount fixed by the judge at the time of the
line 21 appearance. If that appearance has not been made, the bail shall
line 22 be in the amount fixed in the warrant of arrest or, if no warrant of
line 23 arrest has been issued, the amount of bail shall be pursuant to the
line 24 uniform countywide schedule of bail for the county in which the
line 25 defendant is required to appear, previously fixed and approved as
line 26 provided in subdivisions (c) and (d).
line 27 (c) It is the duty of the superior court judges in each county to
line 28 prepare, adopt, and annually revise a uniform countywide schedule
line 29 of bail for all bailable felony offenses and for all misdemeanor
line 30 and infraction offenses except Vehicle Code infractions. The
line 31 penalty schedule for infraction violations of the Vehicle Code shall
line 32 be established by the Judicial Council in accordance with Section
line 33 40310 of the Vehicle Code.
line 34 (d) A court may, by local rule, prescribe the procedure by which
line 35 the uniform countywide schedule of bail is prepared, adopted, and
line 36 annually revised by the judges. If a court does not adopt a local
line 37 rule, the uniform countywide schedule of bail shall be prepared,
line 38 adopted, and annually revised by a majority of the judges.
line 39 (e) In adopting a uniform countywide schedule of bail for all
line 40 bailable felony offenses the judges shall consider the seriousness
9
83
line 1 of the offense charged. In considering the seriousness of the offense
line 2 charged the judges shall assign an additional amount of required
line 3 bail for each aggravating or enhancing factor chargeable in the
line 4 complaint, including, but not limited to, additional bail for charges
line 5 alleging facts that would bring a person within any of the following
line 6 sections: Section 667.5, 667.51, 667.6, 667.8, 667.85, 667.9,
line 7 667.10, 12022, 12022.1, 12022.2, 12022.3, 12022.4, 12022.5,
line 8 12022.53, 12022.6, 12022.7, 12022.8, or 12022.9 of this code, or
line 9 Section 11356.5, 11370.2, or 11370.4 of the Health and Safety
line 10 Code.
line 11 In considering offenses in which a violation of Chapter 6
line 12 (commencing with Section 11350) of Division 10 of the Health
line 13 and Safety Code is alleged, the judge shall assign an additional
line 14 amount of required bail for offenses involving large quantities of
line 15 controlled substances.
line 16 (f) The countywide bail schedule shall contain a list of the
line 17 offenses and the amounts of bail applicable for each as the judges
line 18 determine to be appropriate. If the schedule does not list all
line 19 offenses specifically, it shall contain a general clause for designated
line 20 amounts of bail as the judges of the county determine to be
line 21 appropriate for all the offenses not specifically listed in the
line 22 schedule. A copy of the countywide bail schedule shall be sent to
line 23 the officer in charge of the county jail, to the officer in charge of
line 24 each city jail within the county, to each superior court judge and
line 25 commissioner in the county, and to the Judicial Council.
line 26 (g) Upon posting bail, the defendant or arrested person shall be
line 27 discharged from custody as to the offense on which the bail is
line 28 posted.
line 29 All money and surety bonds so deposited with an officer
line 30 authorized to receive bail shall be transmitted immediately to the
line 31 judge or clerk of the court by which the order was made or warrant
line 32 issued or bail schedule fixed. If, in the case of felonies, an
line 33 indictment is filed, the judge or clerk of the court shall transmit
line 34 all of the money and surety bonds to the clerk of the court.
line 35 (h) If a defendant or arrested person so released fails to appear
line 36 at the time and in the court so ordered upon his or her release from
line 37 custody, Sections 1305 and 1306 apply.
line 38 (i) This section shall remain in effect only until January 1, 2020,
line 39 and as of that date is repealed.
line 40 SEC. 10. Section 1269b is added to the Penal Code, to read:
10
84
line 1 1269b. (a) The officer in charge of a jail in which an arrested
line 2 person is held in custody, an officer of a sheriff’s department or
line 3 police department of a city who is in charge of a jail or is employed
line 4 at a fixed police or sheriff’s facility and is acting under an
line 5 agreement with the agency that keeps the jail in which an arrested
line 6 person is held in custody, an employee of a sheriff’s department
line 7 or police department of a city who is assigned by the department
line 8 to collect bail, the clerk of the superior court of the county in which
line 9 the offense was alleged to have been committed, a pretrial services
line 10 agent, and the clerk of the superior court in which the case against
line 11 the defendant is pending, may approve and accept an order
line 12 authorizing pretrial release or admitting to bail, to issue and sign
line 13 an order for the release of the arrested person, and to set a time
line 14 and place for the appearance of the arrested person before the
line 15 appropriate court and give notice thereof.
line 16 (b) Except as provided in Section 821, a person who is arrested
line 17 and booked into jail for a violent felony, as defined in subdivision
line 18 (c) of Section 667.5, shall not be considered for release until the
line 19 person appears before a judge or a magistrate for a hearing in
line 20 accordance with Section 1275a or 1275b. The pretrial services
line 21 agency shall not conduct a risk assessment or prepare a pretrial
line 22 services report for any person who is arrested and booked into jail
line 23 for a violent felony except in accordance with subdivision (f) of
line 24 Section 1275a.
line 25 (c) Except as provided in Section 821, the pretrial services
line 26 agency shall, within 24 hours of arrest, conduct a risk assessment
line 27 on a person arrested and booked into jail for one of the following
line 28 offenses and prepare a pretrial services report with
line 29 recommendations for conditions of release, however, the person
line 30 shall not be considered for release until the person appears before
line 31 a judge or magistrate for a hearing in accordance with Section
line 32 1275a or 1275b:
line 33 (1) A serious felony, as defined in subdivision (c) of Section
line 34 1192.7, except a violation of subdivision (a) of Section 460.
line 35 (2) A violation of subdivision (c) of Section 136.1, or a violation
line 36 of Section 262, 273.5, or 646.9.
line 37 (3) A violation of paragraph (1) of subdivision (e) of Section
line 38 243.
11
85
line 1 (4) A violation of Section 273.6 if the detained person is alleged
line 2 to have made threats to kill or harm, engaged in violence against,
line 3 or gone to the residence or workplace of, the protected party.
line 4 (5) Any felony committed while the person is on pretrial release
line 5 for a separate offense.
line 6 (d) Except as provided in subdivisions (b) and (c) of this section
line 7 and Section 821, if a person is arrested and booked into jail, the
line 8 pretrial services agency shall, immediately upon booking and,
line 9 except where physically impossible, no later than six hours after
line 10 booking, conduct a pretrial risk assessment on the person and
line 11 prepare a pretrial services report with recommendations for
line 12 conditions of release.
line 13 (e) If a person who is arrested and booked for a misdemeanor
line 14 is not first released pursuant to Section 853.6, and except as
line 15 otherwise provided in subdivisions (c) and (f), the person shall be
line 16 released by the pretrial services agency subject to signing a release
line 17 agreement under Section 1318 without further conditions. A person
line 18 who is arrested and booked for a misdemeanor and who is currently
line 19 on pretrial release with or without conditions shall not be eligible
line 20 for release under this subdivision and shall instead be considered
line 21 for release pursuant to subdivision (f).
line 22 (f) (1) Except as otherwise provided in subdivisions (b), (c),
line 23 and (e) of this section and Section 821, upon completion of the
line 24 pretrial risk assessment and preparation of a pretrial services report
line 25 with recommendations for conditions of release, the pretrial
line 26 services agency shall immediately transmit the pretrial services
line 27 report and recommendations on conditions of release to a
line 28 magistrate, judge, or court commissioner. The magistrate, judge,
line 29 or court commissioner shall, no later than six hours after receipt
line 30 of the pretrial services agency’s pretrial risk assessment and pretrial
line 31 services report with recommendations for conditions of release,
line 32 issue an oral or written order for release subject to a release
line 33 agreement under Section 1318 without further conditions or subject
line 34 to a condition or conditions in accordance with Section 1275a.
line 35 (2) The fact that the court has not received the report required
line 36 under this section shall not preclude release pursuant to this
line 37 subdivision.
line 38 (g) When an arrested person is released from custody under this
line 39 section, the court in which the charge is pending may, upon a
line 40 petition by either party alleging that there has been a change in
12
86
line 1 circumstances, amend the release order to impose different or
line 2 additional conditions of release at the time of arraignment.
line 3 (h) If the judge or magistrate orders the pretrial release of a
line 4 person under this section, the person shall be released with or
line 5 without conditions in accordance with Section 1318.
line 6 (i) An arrested person who is not released under this section
line 7 shall be considered for release pursuant to Section 1275a or 1275b
line 8 within the time period prescribed in Section 825.
line 9 (j) The judicial duties to be performed under this section are
line 10 “subordinate judicial duties” within the meaning of Section 22 of
line 11 Article VI of the California Constitution and may be performed
line 12 by appointed officers such as court commissioners.
line 13 (k) This section shall become operative on January 1, 2020.
line 14 SEC. 11. Section 1269c of the Penal Code is amended to read:
line 15 1269c. (a) If a defendant is arrested without a warrant for a
line 16 bailable felony offense or for the misdemeanor offense of violating
line 17 a domestic violence restraining order, and a peace officer has
line 18 reasonable cause to believe that the amount of bail set forth in the
line 19 schedule of bail for that offense is insufficient to ensure the
line 20 defendant’s appearance or to ensure the protection of a victim, or
line 21 family member of a victim, of domestic violence, the peace officer
line 22 shall prepare a declaration under penalty of perjury setting forth
line 23 the facts and circumstances in support of his or her belief and file
line 24 it with a magistrate, as defined in Section 808, or his or her
line 25 commissioner, in the county in which the offense is alleged to have
line 26 been committed or having personal jurisdiction over the defendant,
line 27 requesting an order setting a higher bail. Except where the
line 28 defendant is charged with an offense listed in subdivision (a) of
line 29 Section 1270.1, the defendant, either personally or through his or
line 30 her attorney, friend, or family member, also may make application
line 31 to the magistrate for release on bail lower than that provided in
line 32 the schedule of bail or on his or her own recognizance. The
line 33 magistrate or commissioner to whom the application is made is
line 34 authorized to set bail in an amount that he or she deems sufficient
line 35 to ensure the defendant’s appearance or to ensure the protection
line 36 of a victim, or family member of a victim, of domestic violence,
line 37 and to set bail on the terms and conditions that he or she, in his or
line 38 her discretion, deems appropriate, or he or she may authorize the
line 39 defendant’s release on his or her own recognizance. If, after the
line 40 application is made, no order changing the amount of bail is issued
13
87
line 1 within eight hours after booking, the defendant shall be entitled
line 2 to be released on posting the amount of bail set forth in the
line 3 applicable bail schedule.
line 4 (b) This section shall remain in effect only until January 1, 2020,
line 5 and as of that date is repealed.
line 6 SEC. 12. Section 1269c is added to the Penal Code, to read:
line 7 1269c. (a) If a defendant is arrested without a warrant for a
line 8 bailable felony offense or for the misdemeanor offense of violating
line 9 a domestic violence restraining order, and a peace officer has
line 10 reasonable cause to believe that release subject to a release
line 11 agreement under Section 1318 without further conditions is
line 12 insufficient to ensure the defendant’s appearance or to ensure the
line 13 protection of a victim, or family member of a victim, of domestic
line 14 violence, the peace officer shall, no later than six hours after the
line 15 arrest, prepare a declaration under penalty of perjury setting forth
line 16 the facts and circumstances in support of his or her belief and file
line 17 it with a magistrate, as defined in Section 808, or his or her
line 18 commissioner, in the county in which the offense is alleged to have
line 19 been committed or having personal jurisdiction over the defendant,
line 20 requesting an order pursuant to subdivision (f) of Section 1269b
line 21 imposing a condition or conditions of release.
line 22 (b) This section shall become operative on January 1, 2020.
line 23 SEC. 13. Section 1270 of the Penal Code is amended to read:
line 24 1270. (a) Any person who has been arrested for, or charged
line 25 with, an offense other than a capital offense may be released on
line 26 his or her own recognizance by a court or magistrate who could
line 27 release a defendant from custody upon the defendant giving bail,
line 28 including a defendant arrested upon an out-of-county warrant. A
line 29 defendant who is in custody and is arraigned on a complaint
line 30 alleging an offense which is a misdemeanor, and a defendant who
line 31 appears before a court or magistrate upon an out-of-county warrant
line 32 arising out of a case involving only misdemeanors, shall be entitled
line 33 to an own recognizance release unless the court makes a finding
line 34 on the record, in accordance with Section 1275, that an own
line 35 recognizance release will compromise public safety or will not
line 36 reasonably assure the appearance of the defendant as required.
line 37 Public safety shall be the primary consideration. If the court makes
line 38 one of those findings, the court shall then set bail and specify the
line 39 conditions, if any, whereunder the defendant shall be released.
14
88
line 1 (b) Article 9 (commencing with Section 1318) shall apply to
line 2 any person who is released pursuant to this section.
line 3 (c) This section shall remain in effect only until January 1, 2020,
line 4 and as of that date is repealed.
line 5 SEC. 14. Section 1270.1 of the Penal Code is amended to read:
line 6 1270.1. (a) Except as provided in subdivision (e), before any
line 7 person who is arrested for any of the following crimes may be
line 8 released on bail in an amount that is either more or less than the
line 9 amount contained in the schedule of bail for the offense, or may
line 10 be released on his or her own recognizance, a hearing shall be held
line 11 in open court before the magistrate or judge:
line 12 (1) A serious felony, as defined in subdivision (c) of Section
line 13 1192.7, or a violent felony, as defined in subdivision (c) of Section
line 14 667.5, but not including a violation of subdivision (a) of Section
line 15 460 (residential burglary).
line 16 (2) A violation of Section 136.1 where punishment is imposed
line 17 pursuant to subdivision (c) of Section 136.1, Section 262, 273.5,
line 18 or 422 where the offense is punished as a felony, or Section 646.9.
line 19 (3) A violation of paragraph (1) of subdivision (e) of Section
line 20 243.
line 21 (4) A violation of Section 273.6 if the detained person made
line 22 threats to kill or harm, has engaged in violence against, or has gone
line 23 to the residence or workplace of, the protected party.
line 24 (b) The prosecuting attorney and defense attorney shall be given
line 25 a two-court-day written notice and an opportunity to be heard on
line 26 the matter. If the detained person does not have counsel, the court
line 27 shall appoint counsel for purposes of this section only. The hearing
line 28 required by this section shall be held within the time period
line 29 prescribed in Section 825.
line 30 (c) At the hearing, the court shall consider evidence of past court
line 31 appearances of the detained person, the maximum potential
line 32 sentence that could be imposed, and the danger that may be posed
line 33 to other persons if the detained person is released. In making the
line 34 determination whether to release the detained person on his or her
line 35 own recognizance, the court shall consider the potential danger to
line 36 other persons, including threats that have been made by the
line 37 detained person and any past acts of violence. The court shall also
line 38 consider any evidence offered by the detained person regarding
line 39 his or her ties to the community and his or her ability to post bond.
15
89
line 1 (d) If the judge or magistrate sets the bail in an amount that is
line 2 either more or less than the amount contained in the schedule of
line 3 bail for the offense, the judge or magistrate shall state the reasons
line 4 for that decision and shall address the issue of threats made against
line 5 the victim or witness, if they were made, in the record. This
line 6 statement shall be included in the record.
line 7 (e) Notwithstanding subdivision (a), a judge or magistrate,
line 8 pursuant to Section 1269c, may, with respect to a bailable felony
line 9 offense or a misdemeanor offense of violating a domestic violence
line 10 order, increase bail to an amount exceeding that set forth in the
line 11 bail schedule without a hearing, provided an oral or written
line 12 declaration of facts justifying the increase is presented under
line 13 penalty of perjury by a sworn peace officer.
line 14 (f) This section shall remain in effect only until January 1, 2020,
line 15 and as of that date is repealed.
line 16 SEC. 15. Section 1270.2 of the Penal Code is amended to read:
line 17 1270.2. (a) When a person is detained in custody on a criminal
line 18 charge prior to conviction for want of bail, that person is entitled
line 19 to an automatic review of the order fixing the amount of the bail
line 20 by the judge or magistrate having jurisdiction of the offense. That
line 21 review shall be held not later than five days from the time of the
line 22 original order fixing the amount of bail on the original accusatory
line 23 pleading. The defendant may waive this review.
line 24 (b) This section shall remain in effect only until January 1, 2020,
line 25 and as of that date is repealed.
line 26 SEC. 16. Section 1275 of the Penal Code is amended to read:
line 27 1275. (a) (1) In setting, reducing, or denying bail, a judge or
line 28 magistrate shall take into consideration the protection of the public,
line 29 the seriousness of the offense charged, the previous criminal record
line 30 of the defendant, and the probability of his or her appearing at trial
line 31 or at a hearing of the case. The public safety shall be the primary
line 32 consideration. In setting bail, a judge or magistrate may consider
line 33 factors such as the information included in a report prepared in
line 34 accordance with Section 1318.1.
line 35 (2) In considering the seriousness of the offense charged, a judge
line 36 or magistrate shall include consideration of the alleged injury to
line 37 the victim, and alleged threats to the victim or a witness to the
line 38 crime charged, the alleged use of a firearm or other deadly weapon
line 39 in the commission of the crime charged, and the alleged use or
line 40 possession of controlled substances by the defendant.
16
90
line 1 (b) In considering offenses wherein a violation of Chapter 6
line 2 (commencing with Section 11350) of Division 10 of the Health
line 3 and Safety Code is alleged, a judge or magistrate shall consider
line 4 the following: (1) the alleged amounts of controlled substances
line 5 involved in the commission of the offense, and (2) whether the
line 6 defendant is currently released on bail for an alleged violation of
line 7 Chapter 6 (commencing with Section 11350) of Division 10 of the
line 8 Health and Safety Code.
line 9 (c) Before a court reduces bail to below the amount established
line 10 by the bail schedule approved for the county, in accordance with
line 11 subdivisions (b) and (c) of Section 1269b, for a person charged
line 12 with a serious felony, as defined in subdivision (c) of Section
line 13 1192.7, or a violent felony, as defined in subdivision (c) of Section
line 14 667.5, the court shall make a finding of unusual circumstances and
line 15 shall set forth those facts on the record. For purposes of this
line 16 subdivision, “unusual circumstances” does not include the fact
line 17 that the defendant has made all prior court appearances or has not
line 18 committed any new offenses.
line 19 (d) This section shall remain in effect only until January 1, 2020,
line 20 and as of that date is repealed.
line 21 SEC. 17. Section 1275 is added to the Penal Code, to read:
line 22 1275. (a) (1) In making a pretrial release or detention decision
line 23 pursuant to Section 1275a or 1275b, a judge or magistrate shall
line 24 take into consideration the protection of the public, the seriousness
line 25 of the offense charged, the previous criminal record of the
line 26 defendant, the probability of his or her appearing at trial or at a
line 27 hearing of the case, and the presumption of innocence. The public
line 28 safety, the safety of the victim, and the probability of the accused
line 29 appearing in court as required shall be the primary considerations.
line 30 (2) In considering the seriousness of the offense charged, a judge
line 31 or magistrate shall include consideration of the alleged injury to
line 32 the victim, alleged threats to the victim or a witness to the crime
line 33 charged, and the alleged use of a firearm or other deadly weapon
line 34 in the commission of the crime charged.
line 35 (3) It shall be the duty of the court to determine what condition
line 36 or conditions will ensure the safety of the community, secure the
line 37 defendant’s appearance at trial or at a hearing of the case, and
line 38 facilitate pretrial release. If, pursuant to Section 1275b, the court
line 39 finds that no conditions will reasonably ensure the defendant’s
line 40 appearance in court or at a hearing of the court and protect public
17
91
line 1 safety, the court shall issue an order with findings of fact and a
line 2 statement explaining what condition or conditions it considered
line 3 and why those conditions were inadequate.
line 4 (b) The judge or magistrate shall make a pretrial release or
line 5 detention decision for a person without unnecessary delay, and in
line 6 any event, within the time period prescribed in Section 825.
line 7 (c) In making a pretrial release decision pursuant to Section
line 8 1275a, the judge or magistrate shall consider the pretrial services
line 9 agency’s risk assessment, recommendations on conditions of
line 10 release, and the pretrial services report in accordance with Section
line 11 1318.3. If a judge or magistrate’s release decision is not consistent
line 12 with the pretrial services program’s risk assessment and
line 13 recommendations on conditions of release, the judge or magistrate
line 14 shall include in its order for release a statement of the reasons.
line 15 (d) In making a pretrial detention decision following a detention
line 16 hearing pursuant to Section 1275b, a judge or magistrate shall not
line 17 consider the pretrial services agency’s risk assessment or the results
line 18 of the risk assessment and shall instead determine whether the
line 19 person meets the description of subdivision (a) of Section 1275b,
line 20 pursuant to Section 12 of Article 1 of the California Constitution.
line 21 (e) If a person is arrested for a serious felony, the prosecutor
line 22 shall provide notice of the hearing required by Section 1275a or
line 23 1275b to the alleged victim or next of kin of the alleged victim of
line 24 the offense for which the person was arrested, pursuant to
line 25 paragraph (3) of subdivision (f) of Section 28 of Article I of the
line 26 California Constitution.
line 27 (f) This section shall become operative on January 1, 2020.
line 28 SEC. 18. Section 1275a is added to the Penal Code, to read:
line 29 1275a. (a) Except as provided in subdivision (f) and Section
line 30 1275b, at the arraignment of a person who is in custody, the judge
line 31 or magistrate shall, after considering the pretrial services report
line 32 with recommendations for conditions of release and any relevant
line 33 information provided by the prosecuting attorney or the defendant,
line 34 order the pretrial release of the person subject to a release
line 35 agreement under Section 1318 without further conditions, unless
line 36 the judge or magistrate determines that the release will not
line 37 reasonably ensure the appearance of the person as required, the
line 38 safety of the victim, or public safety. If the judge or magistrate
line 39 releases the person subject to a release agreement under Section
18
92
line 1 1318 without further conditions, the reasons for that decision shall
line 2 be stated in the record and included in the court’s minutes.
line 3 (b) (1) If, after considering the pretrial services report with
line 4 recommendations for conditions of release and any relevant
line 5 information provided by the prosecuting attorney or the defendant,
line 6 the judge or magistrate determines that the release described in
line 7 subdivision (a) will not reasonably ensure the appearance of the
line 8 person as required, the safety of the victim, or public safety, the
line 9 judge or magistrate shall order pretrial release subject to a release
line 10 agreement under Section 1318 and to the least restrictive further
line 11 nonmonetary condition or conditions that the judge or magistrate
line 12 determines will reasonably ensure the appearance of the person as
line 13 required, the safety of the victim, and public safety. The judge or
line 14 magistrate shall include in its release order findings of fact and a
line 15 statement of the reasons for the determination that the release
line 16 described in subdivision (a) is not appropriate and the reasons for
line 17 imposing each condition that are specific to the person before the
line 18 court.
line 19 (2) The judge or magistrate shall not be required to specify the
line 20 reasons for ordering that the defendant be provided either of the
line 21 following services upon release:
line 22 (A) A reminder notification to come to court.
line 23 (B) Assistance with transportation to and from court.
line 24 (3) (A) If a person for whom any nonmonetary condition or
line 25 combination of conditions is imposed has the financial ability to
line 26 pay all or part of the costs associated with that condition or
line 27 conditions, the court may order the defendant to pay a reasonable
line 28 fee, which shall not exceed the actual cost of the condition or
line 29 conditions. Inability to pay all or a portion of the costs shall not
line 30 serve as grounds to impose more restrictive conditions.
line 31 (B) In cases of fraud or embezzlement prohibited in Section
line 32 186.11, the prosecutor may seek the remedies provided in that
line 33 section to preserve property or assets in the control of the defendant
line 34 or transferred by that person to a third party subsequent to the
line 35 alleged commission of the crime.
line 36 (c) (1) If, after considering the pretrial services report with
line 37 recommendations for conditions of release and any relevant
line 38 information provided by the prosecuting attorney or the defendant,
line 39 the judge or magistrate determines that the release described in
line 40 subdivision (b) will not reasonably ensure the appearance of the
19
93
line 1 person as required, the judge or magistrate shall set monetary bail
line 2 as determined pursuant to paragraph (2). The court may also order
line 3 monetary bail in combination with the least restrictive nonmonetary
line 4 condition or combination of nonmonetary conditions that the judge
line 5 or magistrate determines will reasonably ensure the appearance
line 6 of the person as required, the safety of the victim, and public safety.
line 7 (2) (A) Monetary bail shall be set at the least restrictive level
line 8 necessary to ensure the appearance of the defendant in court as
line 9 required. In setting monetary bail, the court shall conduct an inquiry
line 10 into the person’s ability to pay.
line 11 (B) For purposes of this paragraph, “ability to pay” means the
line 12 defendant’s ability as defined in paragraph (2) of subdivision (g)
line 13 of Section 987.8 or as defined by the California Rules of Court
line 14 developed by the Judicial Council for this purpose.
line 15 (3) A judge or magistrate shall not set monetary bail in an
line 16 amount that results in the pretrial detention of a defendant solely
line 17 because of his or her inability to pay.
line 18 (d) If the defendant has not retained counsel, the court shall
line 19 offer to appoint counsel to represent him or her at his or her
line 20 arraignment. If the defendant requests that counsel be appointed,
line 21 or if the court finds that the defendant is not competent to represent
line 22 himself or herself, the court shall appoint counsel.
line 23 (e) The fact that the court has not received the report at the time
line 24 of release consideration shall not preclude that release.
line 25 (f) (1) For a defendant charged with a violent felony, as defined
line 26 in subdivision (c) of Section 667.5, the pretrial services agency
line 27 shall conduct a pretrial risk assessment and prepare a pretrial
line 28 services report only if the defendant, either directly or through
line 29 counsel if the person is represented by counsel, requests a pretrial
line 30 risk assessment and report.
line 31 (2) If the defendant requests a pretrial risk assessment, the
line 32 assessment and report shall be completed within 12 hours, and
line 33 within 24 hours the defendant shall be considered for release
line 34 pursuant to subdivisions (a), (b), and (c).
line 35 (g) A defendant for whom conditions of release are imposed
line 36 and who, five days after the imposition of the conditions, continues
line 37 to be detained as a result of an inability to meet the conditions of
line 38 release, shall be entitled to an automatic review of the conditions
line 39 by the court. The defendant may waive this review.
20
94
line 1 (h) For purposes of this section, “least restrictive” means those
line 2 release terms necessary to reasonably ensure the appearance of
line 3 the specific person, the safety of the victim, and public safety, as
line 4 determined by the court.
line 5 (i) This section shall become operative on January 1, 2020.
line 6 SEC. 19. Section 1275b is added to the Penal Code, to read:
line 7 1275b. (a) A prosecuting attorney may file a motion with the
line 8 court at any time, including any time before or after a defendant’s
line 9 release pursuant to Section 1269b, seeking the pretrial detention
line 10 of the defendant in any of the following circumstances:
line 11 (1) The defendant is charged with a capital crime and the
line 12 prosecuting attorney alleges that the facts are evident or the
line 13 presumption great.
line 14 (2) The defendant is charged with a felony offense involving
line 15 acts of violence on another person, or a felony sexual assault
line 16 offense on another person and the prosecuting attorney alleges all
line 17 of the following:
line 18 (A) The facts are evident or the presumption great.
line 19 (B) There is no condition or combination of conditions of pretrial
line 20 release that would reasonably ensure the physical safety of another
line 21 person or persons.
line 22 (C) There is a substantial likelihood the defendant’s release
line 23 would result in great bodily harm to others.
line 24 (3) The defendant is charged with a felony offense and the
line 25 prosecuting attorney alleges all of the following:
line 26 (A) The facts are evident or the presumption great.
line 27 (B) The defendant has threatened another with great bodily
line 28 harm.
line 29 (C) There is no condition or combination of conditions of pretrial
line 30 release that would reasonably ensure the safety of the person who
line 31 has been threatened.
line 32 (D) There is a substantial likelihood that the defendant would
line 33 carry out the threat if released.
line 34 (b) (1) If a motion for pretrial detention is filed pursuant to
line 35 subdivision (a), a hearing shall be held before a magistrate or judge
line 36 to determine whether to release the defendant pending trial unless
line 37 the hearing is waived by the defendant, either directly or, if he or
line 38 she is represented by counsel, through counsel. The defense
line 39 attorney shall be given notice and a reasonable opportunity to be
line 40 heard on the matter. If the defendant does not have counsel, the
21
95
line 1 court shall appoint counsel. The hearing shall be held within 48
line 2 hours after filing the motion unless waived by the defendant either
line 3 directly or, if represented by counsel, through counsel.
line 4 (2) If the defendant waives a hearing under this section and a
line 5 pretrial risk assessment was conducted and a pretrial services report
line 6 was prepared, they shall not be provided to the parties named in
line 7 paragraph (2) of subdivision (f) and the defendant shall be ordered
line 8 detained.
line 9 (c) The defendant shall be afforded an opportunity to present
line 10 witnesses, to cross-examine witnesses who appear at the hearing,
line 11 and to present relevant evidence.
line 12 (d) In determining whether the facts are evident or the
line 13 presumption great as specified in paragraph (1), (2), or (3) of
line 14 subdivision (a), the finding of an indictment or a holding order
line 15 shall not add to the strength of the proof or create a presumption
line 16 that the facts are evident or the presumption great.
line 17 (e) In making the determination whether there is a substantial
line 18 likelihood that the defendant’s release would result in great bodily
line 19 harm to others, as specified in subparagraph (C) of paragraph (2)
line 20 of subdivision (a), or whether there is a substantial likelihood that
line 21 the defendant would carry out the threat of great bodily harm if
line 22 released, as specified in subparagraph (D) of paragraph (3) of
line 23 subdivision (a), the court shall consider all of the following:
line 24 (1) If any condition or combination of conditions of pretrial
line 25 release would reasonably ensure the physical safety of another
line 26 person or persons from great bodily harm.
line 27 (2) The nature and seriousness of the physical harm to any
line 28 person or persons that might be posed by the defendant’s release.
line 29 (3) Any relevant history or facts about the defendant that directly
line 30 correspond to whether his or her release is likely to result in great
line 31 bodily harm to others, as specified in subparagraph (C) of
line 32 paragraph (2) of subdivision (a), or to the threatened person, as
line 33 specified in subparagraph (D) of paragraph (3) of subdivision (a).
line 34 (f) In addition to the above factors, the court shall consider all
line 35 of the following:
line 36 (1) The protection of the public.
line 37 (2) The safety of the victim.
line 38 (3) The nature and circumstances of the offense charged.
line 39 (4) The weight of the evidence against the defendant.
line 40 (5) The previous criminal record of the defendant.
22
96
line 1 (6) The probability of the defendant appearing at the trial or
line 2 hearing of the case.
line 3 (7) The presumption of innocence and the presumption of release
line 4 pending trial.
line 5 (g) If, after considering any relevant evidence provided by the
line 6 prosecuting attorney or the defendant, and if no condition or
line 7 combination of conditions would reasonably ensure the safety of
line 8 another person or persons from great bodily harm, the court shall
line 9 order the person detained pending trial only if, pursuant to Section
line 10 12 of Article 1 of the Constitution, the court finds that the
line 11 defendant meets one of the following descriptions:
line 12 (1) The defendant has been charged with a capital crime and
line 13 the facts are evident or the presumption great.
line 14 (2) The defendant has been charged with a felony offense
line 15 involving an act of violence on another person, or a felony sexual
line 16 assault offense on another person, the facts are evident or the
line 17 presumption great, and the court finds based upon clear and
line 18 convincing evidence that there is a substantial likelihood the
line 19 person’s release would result in great bodily harm to another person
line 20 or persons.
line 21 (3) The defendant has been charged with a felony offense, the
line 22 facts are evident or the presumption great, and the court finds based
line 23 on clear and convincing evidence that the person has threatened
line 24 another with great bodily harm in the charged case and that there
line 25 is a substantial likelihood that the person would carry out the threat
line 26 if released.
line 27 (h) In a detention order issued under subdivision (g), the court
line 28 shall include findings of fact and a statement of the reasons for the
line 29 detention, including the specific likelihood of great bodily harm,
line 30 if applicable, and why no condition or conditions could reasonably
line 31 mitigate that likelihood.
line 32 (i) If the court does not order the pretrial detention of the person
line 33 at the conclusion of the hearing under this section, pretrial services
line 34 shall conduct a risk assessment and prepare a pretrial services
line 35 report with recommendations for conditions of release and the
line 36 court shall order the release of the person, with or without
line 37 conditions, pursuant to Section 1275a.
line 38 (j) This section shall become operative on January 1, 2020.
line 39 SEC. 20. Section 1275.1 of the Penal Code is amended to read:
23
97
line 1 1275.1. (a) Bail, pursuant to this chapter, shall not be accepted
line 2 unless a judge or magistrate finds that no portion of the
line 3 consideration, pledge, security, deposit, or indemnification paid,
line 4 given, made, or promised for its execution was feloniously
line 5 obtained.
line 6 (b) A hold on the release of a defendant from custody shall only
line 7 be ordered by a magistrate or judge if any of the following occurs:
line 8 (1) A peace officer, as defined in Section 830, files a declaration
line 9 executed under penalty of perjury setting forth probable cause to
line 10 believe that the source of any consideration, pledge, security,
line 11 deposit, or indemnification paid, given, made, or promised for its
line 12 execution was feloniously obtained.
line 13 (2) A prosecutor files a declaration executed under penalty of
line 14 perjury setting forth probable cause to believe that the source of
line 15 any consideration, pledge, security, deposit, or indemnification
line 16 paid, given, made, or promised for its execution was feloniously
line 17 obtained. A prosecutor shall have absolute civil immunity for
line 18 executing a declaration pursuant to this paragraph.
line 19 (3) The magistrate or judge has probable cause to believe that
line 20 the source of any consideration, pledge, security, deposit, or
line 21 indemnification paid, given, made, or promised for its execution
line 22 was feloniously obtained.
line 23 (c) Once a magistrate or judge has determined that probable
line 24 cause exists, as provided in subdivision (b), a defendant bears the
line 25 burden by a preponderance of the evidence to show that no part
line 26 of any consideration, pledge, security, deposit, or indemnification
line 27 paid, given, made, or promised for its execution was obtained by
line 28 felonious means. Once a defendant has met such burden, the
line 29 magistrate or judge shall release the hold previously ordered and
line 30 the defendant shall be released under the authorized amount of
line 31 bail.
line 32 (d) The defendant and his or her attorney shall be provided with
line 33 a copy of the declaration of probable cause filed under subdivision
line 34 (b) no later than the date set forth in Section 825.
line 35 (e) Nothing in this section shall prohibit a defendant from
line 36 obtaining a loan of money so long as the loan will be funded and
line 37 repaid with funds not feloniously obtained.
line 38 (f) At the request of any person providing any portion of the
line 39 consideration, pledge, security, deposit, or indemnification paid,
line 40 given, made, or promised for its execution, the magistrate or judge,
24
98
line 1 at an evidentiary hearing to determine the source of the funds, may
line 2 close it to the general public to protect the person’s right to privacy
line 3 in his or her financial affairs.
line 4 (g) If the declaration, having been filed with a magistrate or
line 5 judge, is not acted on within 24 hours, the defendant shall be
line 6 released from custody upon posting of the amount of bail set.
line 7 (h) Nothing in this code shall deny the right of the defendant,
line 8 either personally or through his or her attorney, bail agent licensed
line 9 by the Department of Insurance, admitted surety insurer licensed
line 10 by the Department of Insurance, friend, or member of his or her
line 11 family from making an application to the magistrate or judge for
line 12 the release of the defendant on bail.
line 13 (i) The bail of any defendant found to have willfully misled the
line 14 court regarding the source of bail may be increased as a result of
line 15 the willful misrepresentation. The misrepresentation may be a
line 16 factor considered in any subsequent bail hearing.
line 17 (j) If a defendant has met the burden under subdivision (c), and
line 18 a defendant will be released from custody upon the issuance of a
line 19 bail bond issued pursuant to authority of Section 1269 or 1269b
line 20 by any admitted surety insurer or any bail agent, approved by the
line 21 Insurance Commissioner, the magistrate or judge shall vacate the
line 22 holding order imposed under subdivision (b) upon the condition
line 23 that the consideration for the bail bond is approved by the court.
line 24 (k) As used in this section, “feloniously obtained” means any
line 25 consideration, pledge, security, deposit, or indemnification paid,
line 26 given, made, or promised for its execution which is possessed,
line 27 received, or obtained through an unlawful act, transaction, or
line 28 occurrence constituting a felony.
line 29 (l) This section shall remain in effect only until January 1, 2020,
line 30 and as of that date is repealed.
line 31 SEC. 21. Section 1275.1 is added to the Penal Code, to read:
line 32 1275.1. (a) Monetary bail, pursuant to this chapter, shall not
line 33 be accepted unless a judge or magistrate finds that no portion of
line 34 the consideration, pledge, security, deposit, or indemnification
line 35 paid, given, made, or promised for its execution was feloniously
line 36 obtained.
line 37 (b) A hold on the release of a defendant from custody shall only
line 38 be ordered by a magistrate or judge if any of the following occurs:
line 39 (1) A peace officer, as defined in Section 830, files a declaration
line 40 executed under penalty of perjury setting forth probable cause to
25
99
line 1 believe that the source of any consideration, pledge, security,
line 2 deposit, or indemnification paid, given, made, or promised for its
line 3 execution was feloniously obtained.
line 4 (2) A prosecutor files a declaration executed under penalty of
line 5 perjury setting forth probable cause to believe that the source of
line 6 any consideration, pledge, security, deposit, or indemnification
line 7 paid, given, made, or promised for its execution was feloniously
line 8 obtained. A prosecutor shall have absolute civil immunity for
line 9 executing a declaration pursuant to this paragraph.
line 10 (3) The magistrate or judge has probable cause to believe that
line 11 the source of any consideration, pledge, security, deposit, or
line 12 indemnification paid, given, made, or promised for its execution
line 13 was feloniously obtained.
line 14 (c) Once a magistrate or judge has determined that probable
line 15 cause exists, as provided in subdivision (b), a defendant bears the
line 16 burden by a preponderance of the evidence to show that no part
line 17 of any consideration, pledge, security, deposit, or indemnification
line 18 paid, given, made, or promised for its execution was obtained by
line 19 felonious means. Once a defendant has met such burden, the
line 20 magistrate or judge shall release the hold previously ordered and
line 21 the defendant shall be released under the authorized amount of
line 22 bail.
line 23 (d) The defendant and his or her attorney shall be provided with
line 24 a copy of the declaration of probable cause filed under subdivision
line 25 (b) no later than the date set forth in Section 825.
line 26 (e) Nothing in this section shall prohibit a defendant from
line 27 obtaining a loan of money so long as the loan will be funded and
line 28 repaid with funds not feloniously obtained.
line 29 (f) At the request of any person providing any portion of the
line 30 consideration, pledge, security, deposit, or indemnification paid,
line 31 given, made, or promised for its execution, the magistrate or judge,
line 32 at an evidentiary hearing to determine the source of the funds, may
line 33 close it to the general public to protect the person’s right to privacy
line 34 in his or her financial affairs.
line 35 (g) If the declaration, having been filed with a magistrate or
line 36 judge, is not acted on within 24 hours, the defendant shall be
line 37 released from custody upon posting of the amount of bail set.
line 38 (h) Nothing in this code shall deny the right of the defendant,
line 39 either personally or through his or her attorney, bail agent licensed
line 40 by the Department of Insurance, admitted surety insurer licensed
26
100
line 1 by the Department of Insurance, friend, or member of his or her
line 2 family from making an application to the magistrate or judge for
line 3 the release of the defendant on monetary bail.
line 4 (i) The bail of any defendant found to have willfully misled the
line 5 court regarding the source of bail may be increased as a result of
line 6 the willful misrepresentation, so long as the amount conforms with
line 7 subdivision (c) of Section 1275a. The misrepresentation may be
line 8 a factor considered in any subsequent bail hearing.
line 9 (j) If a defendant has met the burden under subdivision (c), and
line 10 a defendant will be released from custody upon the issuance of a
line 11 bail bond issued pursuant to authority of Section 1269 by any
line 12 admitted surety insurer or any bail agent, approved by the Insurance
line 13 Commissioner, the magistrate or judge shall vacate the holding
line 14 order imposed under subdivision (b) upon the condition that the
line 15 consideration for the bail bond is approved by the court.
line 16 (k) As used in this section, “feloniously obtained” means any
line 17 consideration, pledge, security, deposit, or indemnification paid,
line 18 given, made, or promised for its execution which is possessed,
line 19 received, or obtained through an unlawful act, transaction, or
line 20 occurrence constituting a felony.
line 21 (l) This section shall become operative on January 1, 2020.
line 22 SEC. 22. Section 1277 of the Penal Code is amended to read:
line 23 1277. (a) When the defendant has been held to answer upon
line 24 an examination for a public offense, the admission to bail may be
line 25 by the magistrate by whom he or she is so held, or by any
line 26 magistrate who has power to issue the writ of habeas corpus.
line 27 (b) This section shall remain in effect only until January 1, 2020,
line 28 and as of that date is repealed.
line 29 SEC. 23. Section 1277 is added to the Penal Code, to read:
line 30 1277. (a) When the defendant has been held to answer upon
line 31 an examination for a public offense, pretrial release pursuant to
line 32 Section 1275a or admission to bail may be by the magistrate by
line 33 whom he or she is so held, or by any magistrate who has power
line 34 to issue the writ of habeas corpus.
line 35 (b) This section shall become operative on January 1, 2020.
line 36 SEC. 24. Section 1278 of the Penal Code is amended to read:
line 37 1278. (a) Bail is put in by a written undertaking, executed by
line 38 two sufficient sureties (with or without the defendant, in the
line 39 discretion of the magistrate), and acknowledged before the court
line 40 or magistrate, in substantially the following form:
27
101
line 1 An order having been made on the ____ day of ____, 20__, by
line 2 ____, a judge of the ____ Court of ____ County, that ____ be held
line 3 to answer upon a charge of (stating briefly the nature of the
line 4 offense), upon which he or she has been admitted to bail in the
line 5 sum of ____ dollars ($____); we, ____ and ____, of ____ (stating
line 6 their place of residence and occupation), hereby undertake that the
line 7 above-named ____ will appear and answer any charge in any
line 8 accusatory pleading based upon the acts supporting the charge
line 9 above mentioned, in whatever court it may be prosecuted, and will
line 10 at all times hold himself or herself amenable to the orders and
line 11 process of the court, and if convicted, will appear for
line 12 pronouncement of judgment or grant of probation, or if he or she
line 13 fails to perform either of these conditions, that we will pay to the
line 14 people of the State of California the sum of ____ dollars ($____)
line 15 (inserting the sum in which the defendant is admitted to bail). If
line 16 the forfeiture of this bond be ordered by the court, judgment may
line 17 be summarily made and entered forthwith against the said (naming
line 18 the sureties), and the defendant if he or she be a party to the bond,
line 19 for the amount of their respective undertakings herein, as provided
line 20 by Sections 1305 and 1306.
line 21 (b) Every undertaking of bail shall contain the bail agent license
line 22 number of the owner of the bail agency issuing the undertaking
line 23 along with the name, address, and phone number of the agency,
line 24 regardless of whether the owner is an individual, partnership, or
line 25 corporation. The bail agency name on the undertaking shall be a
line 26 business name approved by the Insurance Commissioner for use
line 27 by the bail agency owner, and be so reflected in the public records
line 28 of the commissioner. The license number of the bail agent
line 29 appearing on the undertaking shall be in the same type size as the
line 30 name, address, and phone number of the agency.
line 31 (c) This section shall remain in effect only until January 1, 2020,
line 32 and as of that date is repealed.
line 33 SEC. 25. Section 1278 is added to the Penal Code, to read:
line 34 1278. (a) (1) Upon a finding that monetary bail should be set
line 35 pursuant to subdivision (c) of Section 1275a, the defendant may
line 36 execute an unsecured appearance bond or a secured bond in the
line 37 amount specified by the court. The court may require, and the
line 38 defendant may request, that an unsecured appearance bond be
line 39 signed by uncompensated third parties.
28
102
line 1 (2) For the purposes of this subdivision, “unsecured appearance
line 2 bond” means an order to release a person upon his or her promise
line 3 to appear in court and his or her unsecured promise to pay an
line 4 amount of money, specified by the court, if he or she fails to appear
line 5 as promised.
line 6 (b) A secured bond is put in by a written undertaking, executed
line 7 by two sufficient sureties (with or without the defendant, in the
line 8 discretion of the magistrate), and acknowledged before the court
line 9 or magistrate, in substantially the following form:
line 10 An order having been made on the ____ day of ____, 20__, by
line 11 ____, a judge of the ____ Court of ____ County, that ____ be held
line 12 to answer upon a charge of (stating briefly the nature of the
line 13 offense), upon which he or she has been admitted to bail in the
line 14 sum of ____ dollars ($____); we, ____ and ____, of ____ (stating
line 15 their place of residence and occupation), hereby undertake that the
line 16 above-named ____ will appear and answer any charge in any
line 17 accusatory pleading based upon the acts supporting the charge
line 18 above mentioned, in whatever court it may be prosecuted, and will
line 19 at all times hold himself or herself amenable to the orders and
line 20 process of the court, and if convicted, will appear for
line 21 pronouncement of judgment or grant of probation, or if he or she
line 22 fails to perform either of these conditions, that we will pay to the
line 23 people of the State of California the sum of ____ dollars ($____)
line 24 (inserting the sum in which the defendant is admitted to bail). If
line 25 the forfeiture of this bond be ordered by the court, judgment may
line 26 be summarily made and entered forthwith against the said (naming
line 27 the sureties), and the defendant if he or she be a party to the bond,
line 28 for the amount of their respective undertakings herein, as provided
line 29 by Sections 1305 and 1306.
line 30 (c) Every undertaking of bail shall contain the bail agent license
line 31 number of the owner of the bail agency issuing the undertaking
line 32 along with the name, address, and phone number of the agency,
line 33 regardless of whether the owner is an individual, partnership, or
line 34 corporation. The bail agency name on the undertaking shall be a
line 35 business name approved by the Insurance Commissioner for use
line 36 by the bail agency owner, and be so reflected in the public records
line 37 of the commissioner. The license number of the bail agent
line 38 appearing on the undertaking shall be in the same type size as the
line 39 name, address, and phone number of the agency.
line 40 (d) This section shall become operative on January 1, 2020.
29
103
line 1 SEC. 26. Section 1284 of the Penal Code is amended to read:
line 2 1284. (a) When the offense charged is not punishable with
line 3 death, the officer serving the bench warrant must, if required, take
line 4 the defendant before a magistrate in the county in which it is issued,
line 5 or in which he or she is arrested, for the purpose of giving bail. If
line 6 the defendant appears before the magistrate without the bench
line 7 warrant having been served upon him or her, the magistrate shall
line 8 deliver him or her into the custody of the sheriff for the purpose
line 9 of immediate booking and the recording of identification data,
line 10 whereupon the sheriff shall deliver the defendant back before the
line 11 magistrate for the purpose of giving bail.
line 12 (b) This section shall remain in effect only until January 1, 2020,
line 13 and as of that date is repealed.
line 14 SEC. 27. Section 1284 is added to the Penal Code, to read:
line 15 1284. (a) When the offense charged is not punishable with
line 16 death, the officer serving the bench warrant must, if required, take
line 17 the defendant before a magistrate in the county in which it is issued,
line 18 or in which he or she is arrested, for the purpose of a pretrial release
line 19 hearing. If the defendant appears before such magistrate without
line 20 the bench warrant having been served upon him or her, the
line 21 magistrate shall deliver him or her into the custody of the sheriff
line 22 for the purpose of immediate booking and the recording of
line 23 identification data, whereupon the sheriff shall deliver the
line 24 defendant back before the magistrate for the purpose of a pretrial
line 25 release hearing.
line 26 (b) This section shall become operative on January 1, 2020.
line 27 SEC. 28. Section 1288 of the Penal Code is amended to read:
line 28 1288. (a) The provisions contained in Sections 1279, 1280,
line 29 1280a, and 1281, in relation to bail before indictment, apply to
line 30 bail after indictment.
line 31 (b) This section shall remain in effect only until January 1, 2020,
line 32 and as of that date is repealed.
line 33 SEC. 29. Section 1289 of the Penal Code is amended to read:
line 34 1289. (a) After a defendant has been admitted to bail upon an
line 35 indictment or information, the court in which the charge is pending
line 36 may, upon good cause shown, either increase or reduce the amount
line 37 of bail. If the amount be increased, the court may order the
line 38 defendant to be committed to actual custody, unless he or she give
line 39 bail in such increased amount. If application be made by the
30
104
line 1 defendant for a reduction of the amount, notice of the application
line 2 must be served upon the district attorney.
line 3 (b) This section shall remain in effect only until January 1, 2020,
line 4 and as of that date is repealed.
line 5 SEC. 30. Section 1289 is added to the Penal Code, to read:
line 6 1289. (a) After a defendant has been released from custody
line 7 upon an indictment or information pursuant to Section 1275a, the
line 8 court in which the charge is pending may, upon a change in
line 9 circumstances, amend the release order to change the conditions
line 10 of release, including the amount of any monetary bail. If, upon
line 11 motion of the prosecuting attorney, the amount of monetary bail
line 12 is increased, the court shall set bail in accordance with subdivision
line 13 (c) of Section 1275a. If the defendant requests a change in the
line 14 conditions of release, notice of the request shall be served upon
line 15 the prosecuting attorney.
line 16 (b) If the defendant has not retained counsel, the court shall
line 17 offer to appoint counsel for purposes of this section. If the
line 18 defendant requests that counsel be appointed, or if the court finds
line 19 that the defendant is not competent to represent himself or herself,
line 20 the court shall appoint counsel.
line 21 (c)
line 22 This section shall become operative on January 1, 2020.
line 23 SEC. 31. Section 1295 of the Penal Code is amended to read:
line 24 1295. (a) The defendant, or any other person, at any time after
line 25 an order admitting the defendant to bail or after the arrest and
line 26 booking of a defendant for having committed a misdemeanor,
line 27 instead of giving bail may deposit, with the clerk of the court in
line 28 which the defendant is held to answer or notified to appear for
line 29 arraignment, the sum mentioned in the order or, if no order, in the
line 30 schedule of bail previously fixed by the judges of the court, and,
line 31 upon delivering to the officer in whose custody defendant is a
line 32 certificate of the deposit, the defendant shall be discharged from
line 33 custody.
line 34 (b) Where more than one deposit is made with respect to any
line 35 charge in any accusatory pleading based upon the acts supporting
line 36 the original charge as a result of which an earlier deposit was made,
line 37 the defendant shall receive credit in the amount of any earlier
line 38 deposit.
line 39 (c) The clerk of the court shall not accept a general assistance
line 40 check for this deposit or any part thereof.
31
105
line 1 (d) This section shall remain in effect only until January 1, 2020,
line 2 and as of that date is repealed.
line 3 SEC. 32. Section 1295 is added to the Penal Code, to read:
line 4 1295. (a) The defendant, at any time after an order admitting
line 5 the defendant to bail pursuant to Section 1275a, instead of giving
line 6 bail may deposit, with the clerk of the court in which the defendant
line 7 is held to answer or notified to appear for arraignment, the sum
line 8 mentioned in the order or a percentage of the sum mentioned in
line 9 the order, not to exceed 10 percent, and, upon delivering to the
line 10 officer in whose custody defendant is a certificate of the deposit,
line 11 the defendant shall be discharged from custody.
line 12 (b) Where more than one deposit is made with respect to any
line 13 charge in any accusatory pleading based upon the acts supporting
line 14 the original charge as a result of which an earlier deposit was made,
line 15 the defendant shall receive credit in the amount of any earlier
line 16 deposit.
line 17 (c) The clerk of the court shall not accept a general assistance
line 18 check for this deposit or any part thereof.
line 19 (d) This section shall become operative on January 1, 2020.
line 20 SEC. 33. Section 1318 of the Penal Code is amended to read:
line 21 1318. (a) The defendant shall not be released from custody
line 22 under an own recognizance until the defendant files with the clerk
line 23 of the court or other person authorized to accept bail a signed
line 24 release agreement which includes:
line 25 (1) The defendant’s promise to appear at all times and places,
line 26 as ordered by the court or magistrate and as ordered by any court
line 27 in which, or any magistrate before whom the charge is subsequently
line 28 pending.
line 29 (2) The defendant’s promise to obey all reasonable conditions
line 30 imposed by the court or magistrate.
line 31 (3) The defendant’s promise not to depart this state without
line 32 leave of the court.
line 33 (4) Agreement by the defendant to waive extradition if the
line 34 defendant fails to appear as required and is apprehended outside
line 35 of the State of California.
line 36 (5) The acknowledgment of the defendant that he or she has
line 37 been informed of the consequences and penalties applicable to
line 38 violation of the conditions of release.
line 39 (b) This section shall remain in effect only until January 1, 2020,
line 40 and as of that date is repealed.
32
106
line 1 SEC. 34. Section 1318 is added to the Penal Code, to read:
line 2 1318. (a) The defendant shall not be released from custody
line 3 under his or her own recognizance with no further conditions, or
line 4 released with a further condition or conditions, until the defendant
line 5 files with the clerk of the court or other person authorized to accept
line 6 bail a signed release agreement which includes:
line 7 (1) The defendant’s promise to appear at all times and places,
line 8 as ordered by the court or magistrate and as ordered by any court
line 9 in which, or any magistrate before whom the charge is subsequently
line 10 pending.
line 11 (2) The defendant’s promise to obey all reasonable conditions
line 12 imposed by the court or magistrate.
line 13 (3) The defendant’s promise not to depart this state without
line 14 leave of the court.
line 15 (4) Agreement by the defendant to waive extradition if the
line 16 defendant fails to appear as required and is apprehended outside
line 17 of the State of California.
line 18 (5) The acknowledgment of the defendant that he or she has
line 19 been informed of the consequences and penalties applicable to
line 20 violation of the conditions of release.
line 21 (b) This section shall become operative on January 1, 2020.
line 22 SEC. 35. Section 1318.1 of the Penal Code is amended to read:
line 23 1318.1. (a) A court, with the concurrence of the board of
line 24 supervisors, may employ an investigative staff for the purpose of
line 25 recommending whether a defendant should be released on his or
line 26 her own recognizance.
line 27 (b) Whenever a court has employed an investigative staff
line 28 pursuant to subdivision (a), an investigative report shall be prepared
line 29 in all cases involving a violent felony, as described in subdivision
line 30 (c) of Section 667.5, or a felony in violation of subdivision (a) of
line 31 Section 23153 of the Vehicle Code, recommending whether the
line 32 defendant should be released on his or her own recognizance. The
line 33 report shall include all of the following:
line 34 (1) Written verification of any outstanding warrants against the
line 35 defendant.
line 36 (2) Written verification of any prior incidents where the
line 37 defendant has failed to make a court appearance.
line 38 (3) Written verification of the criminal record of the defendant.
line 39 (4) Written verification of the residence of the defendant during
line 40 the past year.
33
107
line 1 After the report is certified pursuant to this subdivision, it shall
line 2 be submitted to the court for review, prior to a hearing held
line 3 pursuant to Section 1319.
line 4 (c) The salaries of the staff are a proper charge against the
line 5 county.
line 6 (d) This section shall remain in effect only until January 1, 2020,
line 7 and as of that date is repealed.
line 8 SEC. 36. Section 1318.1 is added to the Penal Code, to read:
line 9 1318.1. (a) Each county shall establish a pretrial services
line 10 agency, which shall be responsible for gathering information about
line 11 newly arrested defendants, conducting risk assessments on pretrial
line 12 defendants, preparing individually tailored recommendations to
line 13 the court regarding release options and conditions, and providing
line 14 pretrial services and supervision to defendants on pretrial release.
line 15 Pretrial services agencies shall do all of the following:
line 16 (1) Use methods that research has proven to be effective in
line 17 reducing unnecessary detention while ensuring court appearance
line 18 and the safety of the community during the pretrial stage.
line 19 (2) Assist defendants on pretrial release in remaining free from
line 20 custody and to employ the least restrictive interventions and
line 21 practices.
line 22 (3) Ensure that services provided are culturally and linguistically
line 23 competent.
line 24 (4) Ensure that all policies and practices are developed and
line 25 applied to reduce or eliminate bias based on race, ethnicity, national
line 26 origin, immigration status, gender, religion, and sexual orientation.
line 27 (b) Each county shall develop a pretrial services agency. The
line 28 agency shall follow the standards and guidelines set by _____ the
line 29 Judicial Councilpursuant to Sections 1318.2 and 1318.3, as well
line 30 as current best practices and standards for pretrial services agencies
line 31 and professionals.
line 32 (c) Pretrial services agencies shall make every effort to assist
line 33 pretrial defendants with complying with their conditions of release
line 34 and to address noncompliance with pretrial services requirements
line 35 administratively.
line 36 (d) Pretrial services agencies shall, at a minimum, notify released
line 37 defendants of their court dates.
line 38 (e) In carrying out its duties, pretrial services agencies may do
line 39 any of the following:
34
108
line 1 (1) Through appropriate referral, and at the request of a
line 2 defendant, assist a defendant released pretrial to access medical,
line 3 legal, and social services that would increase the chances of
line 4 successful compliance with conditions of pretrial release.
line 5 (2) Coordinate the services of community release projects, other
line 6 agencies, nonprofit organizations, or individuals that serve as
line 7 third-party custodians for released defendants.
line 8 (f) When ordered by the court, a pretrial service agency shall
line 9 monitor the compliance of released defendants with ordered release
line 10 conditions through appropriate supervision. In supervising pretrial
line 11 defendants, pretrial services agencies shall utilize the least
line 12 restrictive interventions and practices to promote compliance with
line 13 court-ordered conditions.
line 14 (g) This section shall become operative on January 1, 2020.
line 15 SEC. 37. Section 1318.2 is added to the Penal Code, to read:
line 16 1318.2. (a) The _____ Judicial Council shall do all of the
line 17 following:
line 18 (1) (A) Develop guidelines as provided in Section 1318.3.
line 19 (B) Promulgate and periodically revise guidelines related to
line 20 pretrial risk and needs assessment tools.
line 21 (C) Promulgate and periodically revise guidelines related to the
line 22 imposition of pretrial release conditions that are consistent with
line 23 Sections 1275a and 1318.
line 24 (2) Provide technical assistance to counties in improving their
line 25 pretrial release and detention policies and procedures and in
line 26 promoting compliance by counties with the requirements of state
line 27 law relating to pretrial release and detention.
line 28 (3) (A) No later than _____, select a pretrial risk assessment
line 29 tool that meets the requirements of subdivision (b) of Section
line 30 1318.3 and make that tool available to counties.
line 31 (B) Analyze new pretrial risk assessment tools as they become
line 32 available and make recommendations for the replacement of the
line 33 existing pretrial risk assessment tool.
line 34 (4) No later than _____, the _____ shall develop a plan to
line 35 provide technical assistance to counties regarding the
line 36 implementation of the pretrial risk assessment selected pursuant
line 37 to paragraph (3).
line 38 (5) Review data collected by the Board of State and Community
line 39 Corrections to monitor compliance with state law and guidelines
line 40 relating to pretrial release.
35
109
line 1 (6) Investigate the existence of discrimination or inequities in
line 2 pretrial release.
line 3 (b) In discharging its responsibilities under this section the
line 4 _____ may do any of the following:
line 5 (1) Collect data related to pretrial release, pretrial detention,
line 6 and pretrial decisionmaking.
line 7 (2) Survey pretrial services resources across state and local
line 8 governments.
line 9 (3) Consult available research and data on the current
line 10 effectiveness of pretrial release conditions.
line 11 (4) Enter partnerships or joint agreements with organizations
line 12 and agencies from this and other jurisdictions to perform needed
line 13 research and analysis.
line 14 (5) Develop manuals, forms, and other controls to assist with
line 15 the administration of the guidelines developed pursuant to
line 16 paragraph (1) of subdivision (a).
line 17 (6) Provide training and assistance on pretrial release to judges,
line 18 prosecutors, defense attorneys, pretrial services agencies, jail staff,
line 19 and law enforcement agencies.
line 20 (1) Adopt a Rule of Court regarding the proper use of pretrial
line 21 risk assessment information by judicial officer when making
line 22 pretrial release and detention decisions. The rule shall address
line 23 the necessity and frequency of validation of risk assessment tools
line 24 on local populations.
line 25 (2) Adopt a Rule of Court regarding the imposition of pretrial
line 26 release terms and conditions, including designation of risk levels
line 27 or categories.
line 28 (3) Train judges on the use of pretrial risk assessment
line 29 information when making pretrial release and detention decisions,
line 30 and on the imposition of pretrial release terms and conditions.
line 31 (4) Compile and maintain in a list of validated pretrial risk
line 32 assessment tools that are available in the public domain.
line 33 (b) Courts shall provide, at a minimum, the following data to
line 34 the Judicial Council at least two times per year as directed by the
line 35 Judicial Council:
line 36 (1) The number of individuals assessed using a pretrial risk
line 37 assessment tool.
line 38 (2) The number of individuals released on their own
line 39 recognizance without further conditions.
36
110
line 1 (3) The number of individuals released subject to further
line 2 conditions.
line 3 (4) The number of individuals detained pretrial.
line 4 (5) The number of individuals released pretrial who fail to
line 5 appear at a scheduled court appearance.
line 6 (c) When possible, the courts shall provide the following data
line 7 to the Judicial Council:
line 8 (1) Demographic data of those released and detained, including
line 9 race or ethnicity and gender.
line 10 (2) Other data necessary to evaluate the effectiveness of pretrial
line 11 programs as identified by the Judicial Council.
line 12 (d) (1) The Judicial Council shall provide a biennial report to
line 13 the Legislature that includes the information contained in
line 14 paragraph (4) of subdivision (a) and subdivisions (b) and (c).
line 15 (2) A report to be submitted pursuant to this subdivision shall
line 16 be submitted in compliance with Section 9795 of the Government
line 17 Code.
line 18 (e) Each county’s pretrial services agency, in coordination with
line 19 the trial court and local law enforcement agencies shall provide
line 20 data two times a year as directed by the Judicial Council regarding
line 21 the following:
line 22 (1) The number of individuals on pretrial release who are
line 23 charged with a new crime while on pretrial release.
line 24 (2) The number of individuals on pretrial release who are
line 25 charged with a new violent crime while on pretrial release.
line 26 (f) The Judicial Council shall review data collected to inform
line 27 its duties under this section in a manner that is consistent with
line 28 state law and best practices related to pretrial release.
line 29 (c)
line 30 (g) This section shall become operative on January 1, 2020.
line 31 SEC. 38. Section 1318.3 is added to the Penal Code, to read:
line 32 1318.3. (a) For purposes of this section, the following terms
line 33 have the following meanings:
line 34 (1) “Pretrial risk assessment tool” is the objective, standardized
line 35 analysis of information about an arrested person that accurately
line 36 measures the person’s probability of appearing in court as required
line 37 and the person’s potential risk of criminal conduct while on pretrial
line 38 release pending trial.
37
111
line 1 (2) “Pretrial services report” is a report containing the results
line 2 of the pretrial risk assessment tool and the pretrial services agency’s
line 3 recommendations on conditions of release.
line 4 (3) “Validated” means developed through peer-reviewed
line 5 research and statistical analysis and proven to produce results that
line 6 are accurate, based on the characteristics of the population being
line 7 assessed, in predicting the likelihood that a person will fail to
line 8 appear for trial or act as a threat to the safety of the community
line 9 during the period of time between the initial arrest and the
line 10 subsequent trial for the offense.
line 11 (b) The A pretrial risk assessment tool selected by _____pursuant
line 12 to Section 1318.2 used for pretrial decisionmaking under Sections
line 13 1269b, 1275, and 1275a shall meet all of the following
line 14 specifications:
line 15 (1) It shall be objective, standardized, and developed based on
line 16 analysis of empirical data and risk factors relevant to the risk of
line 17 failure to appear in court when required and risk to public safety.
line 18 (2) It shall be consistent with and guided by current research
line 19 and evidence-based best practices.
line 20 (3) It shall be regularly validated according to current best
line 21 practices and standards to ensure that it accurately predicts risk of
line 22 failure to appear in court and risk to public safety.
line 23 (4) It Consistent with paragraph (3), it shall be regularly
line 24 validated and adjusted, as appropriate, to ensure that the assessment
line 25 instrument tool is equally accurate across all racial groups, ethnic
line 26 groups, and genders. The validation study shall include testing for
line 27 predictive bias, and disparate results by race, ethnicity, and gender.
line 28 The tool shall be adjusted to ensure accuracy and to minimize
line 29 disparate results.
line 30 (5) It shall not include race, ethnicity, national origin,
line 31 immigration status, gender, religion, sexual orientation, education
line 32 level, employment status, socioeconomic status, arrests that did
line 33 not lead to conviction, or housing status as factors used in assessing
line 34 risk or determining a risk score or level.
line 35 (6) It Consistent with paragraph (3), it shall give appropriate
line 36 weight to factors, including criminal history, in a manner that
line 37 ensures accuracy while minimizing racial and economic disparities.
line 38 (7) It shall not require an in-person interview of an arrested
line 39 person. person, however, the pretrial services agency may, if
38
112
line 1 necessary and for administrative purposes only, ask the arrested
line 2 person to identify a place of residence.
line 3 (8) It shall distinguish between failure to appear and willful
line 4 failure to appear.
line 5 (c) If, prior to the effective date of the act that added this section,
line 6 a county is using a pretrial risk assessment tool, the county may
line 7 elect to continue using that pretrial risk assessment tool, provided
line 8 the tool meets the requirements of subdivision (b). For counties
line 9 that elect to continue use of an existing pretrial risk assessment
line 10 tool under this subdivision, the _____ shall review the tool to
line 11 determine whether it meets the requirements of subdivision (b).
line 12 The _____ shall also review the county’s standards for the results
line 13 produced using the tool to determine whether it meets the
line 14 requirements contained in the policies developed pursuant to
line 15 subdivision (f). The county’s pretrial risk assessment tool shall be
line 16 in compliance with the requirements in subdivisions (b) and (g)
line 17 by _____, as confirmed by the _____. If the county’s pretrial risk
line 18 assessment tool is not in compliance by that date, the county shall
line 19 use the pretrial risk assessment tool selected by the _____ pursuant
line 20 to Section 1318.2.
line 21 (c) Each county shall select a validated risk assessment tool
line 22 that meets the requirements of subdivision (b). The agency
line 23 responsible for pretrial assessment shall make an annual report
line 24 to the Judicial Council of California, demonstrating that the tool
line 25 meets the requirements of subdivision (b).
line 26 (d) Pursuant to Sections 1269b and 1275a, the pretrial services
line 27 agency shall conduct a pretrial risk assessment using the pretrial
line 28 risk assessment tool selected by _____ pursuant to Section 1318.2
line 29 or the pretrial risk assessment tool reviewed the county pursuant
line 30 to subdivision (c).
line 31 (e) (1) The pretrial services agency shall prepare a pretrial
line 32 services report following the administration of the pretrial risk
line 33 assessment tool that contains the results of the pretrial risk
line 34 assessment tool, the offense charged, and a recommendation for
line 35 release under Section 1318 without further conditions or release
line 36 subject to the least restrictive further condition or conditions that
line 37 will reasonably ensure the arrested person’s appearance in court
line 38 as required and public safety.
39
113
line 1 (2) The pretrial services agency shall provide copies of its report
line 2 to the court, the prosecuting attorney, and to counsel for the
line 3 arrested person or, if the person is not represented, to the defendant.
line 4 (3) The report shall not be used for any purpose other than that
line 5 provided for in this section and Sections 1269b and 1275a.
line 6 (f) The ____ shall develop policies regarding, at a minimum,
line 7 all of the following:
line 8 (1) Designation of risk levels or categories, if applicable.
line 9 (2) Guidelines for identification of pretrial release conditions
line 10 based on risk assessment results.
line 11 (3) Validation of risk assessment tools.
line 12 (4) Guidelines for collection of data.
line 13 (g)
line 14 (f) Judges, magistrates, and commissioners who make pretrial
line 15 release decisions shall be trained in the proper use of the
line 16 information contained in a pretrial services report, including the
line 17 results of the risk assessment.
line 18 (h)
line 19 (g) Pretrial services staff who administer pretrial risk assessment
line 20 tools shall be trained in conducting the pretrial risk assessment
line 21 tool and interpreting the results.
line 22 (i) The Board of State and Community Corrections, in
line 23 consultation with the _____, shall develop a plan that establishes
line 24 statewide requirements for counties relating to annual reporting
line 25 of pretrial release and detention information. At a minimum, the
line 26 plan shall require counties to submit the following data,
line 27 disaggregated by race or ethnicity and gender, annually:
line 28 (1) The percentage of individuals released pretrial.
line 29 (2) The percentage of individuals released pretrial who fail to
line 30 appear as required.
line 31 (3) The percentage of individuals released pretrial who commit
line 32 new crimes while on pretrial release and the percentage of those
line 33 released who commit new violent crimes while on pretrial release.
line 34 (4) The rate of judicial concurrence with recommended
line 35 conditions of release.
line 36 (j) The _____ shall use the information reported by a county
line 37 pursuant to subdivision (i) to monitor the effectiveness of the
line 38 county’s pretrial release policies, standards, and procedures and
line 39 to ensure compliance with the requirements of state law. In
line 40 monitoring effectiveness, the _____ shall compare the data
40
114
line 1 specified in subdivision (i) with available data on pretrial release
line 2 prior to the effective date of the act that added this section. The
line 3 _____ may work with the Board of State and Community
line 4 Corrections to revise the reporting plan described in subdivision
line 5 (i) as necessary to improve monitoring of pretrial release in the
line 6 state.
line 7 (k)
line 8 (h) Each county shall make publicly available its risk assessment
line 9 tool guidelines, factors, weights, studies, data upon which
line 10 validation studies rely, and information about how a risk
line 11 assessment tool was renormed.
line 12 (l)
line 13 (i) It is the intent of the Legislature in enacting this section to
line 14 reduce racial, ethnic, and gender bias and disparate impact in
line 15 pretrial release decisionmaking.
line 16 (m)
line 17 (j) This section shall become operative on January 1, 2020.
line 18 SEC. 39. Section 1319 of the Penal Code is amended to read:
line 19 1319. (a) No person arrested for a violent felony, as described
line 20 in subdivision (c) of Section 667.5, may be released on his or her
line 21 own recognizance until a hearing is held in open court before the
line 22 magistrate or judge, and until the prosecuting attorney is given
line 23 notice and a reasonable opportunity to be heard on the matter. In
line 24 all cases, these provisions shall be implemented in a manner
line 25 consistent with the defendant’s right to be taken before a magistrate
line 26 or judge without unreasonable delay pursuant to Section 825.
line 27 (b) A defendant charged with a violent felony, as described in
line 28 subdivision (c) of Section 667.5, shall not be released on his or
line 29 her own recognizance where it appears, by clear and convincing
line 30 evidence, that he or she previously has been charged with a felony
line 31 offense and has willfully and without excuse from the court failed
line 32 to appear in court as required while that charge was pending. In
line 33 all other cases, in making the determination as to whether or not
line 34 to grant release under this section, the court shall consider all of
line 35 the following:
line 36 (1) The existence of any outstanding felony warrants on the
line 37 defendant.
line 38 (2) Any other information presented in the report prepared
line 39 pursuant to Section 1318.1. The fact that the court has not received
line 40 the report required by Section 1318.1, at the time of the hearing
41
115
line 1 to decide whether to release the defendant on his or her own
line 2 recognizance, shall not preclude that release.
line 3 (3) Any other information presented by the prosecuting attorney.
line 4 (c) The judge or magistrate who, pursuant to this section, grants
line 5 or denies release on a person’s own recognizance, within the time
line 6 period prescribed in Section 825, shall state the reasons for that
line 7 decision in the record. This statement shall be included in the
line 8 court’s minutes. The report prepared by the investigative staff
line 9 pursuant to subdivision (b) of Section 1318.1 shall be placed in
line 10 the court file for that particular matter.
line 11 (d) This section shall remain in effect only until January 1, 2020,
line 12 and as of that date is repealed.
line 13 SEC. 40. Section 1319.5 of the Penal Code is amended to read:
line 14 1319.5. (a) No person described in subdivision (b) who is
line 15 arrested for a new offense may be released on his or her own
line 16 recognizance until a hearing is held in open court before the
line 17 magistrate or judge.
line 18 (b) Subdivision (a) shall apply to the following:
line 19 (1) Any person who is currently on felony probation or felony
line 20 parole.
line 21 (2) Any person who has failed to appear in court as ordered,
line 22 resulting in a warrant being issued, three or more times over the
line 23 three years preceding the current arrest, except for infractions
line 24 arising from violations of the Vehicle Code, and who is arrested
line 25 for any of the following offenses:
line 26 (A) Any felony offense.
line 27 (B) Any violation of the California Street Terrorism
line 28 Enforcement and Prevention Act (Chapter 11 (commencing with
line 29 Section 186.20) of Title 7 of Part 1).
line 30 (C) Any violation of Chapter 9 (commencing with Section 240)
line 31 of Title 8 of Part 1 (assault and battery).
line 32 (D) A violation of Section 484 (theft).
line 33 (E) A violation of Section 459 (burglary).
line 34 (F) Any offense in which the defendant is alleged to have been
line 35 armed with or to have personally used a firearm.
line 36 (c) This section shall remain in effect only until January 1, 2020,
line 37 and as of that date is repealed.
line 38 SEC. 41. If the Commission on State Mandates determines
line 39 that this act contains costs mandated by the state, reimbursement
line 40 to local agencies and school districts for those costs shall be made
42
116
line 1 pursuant to Part 7 (commencing with Section 17500) of Division
line 2 4 of Title 2 of the Government Code.
O
43
117
AMENDED IN SENATE APRIL 26, 2018
AMENDED IN SENATE APRIL 9, 2018
SENATE BILL No. 1302
Introduced by Senator Lara
(Coauthors: Senators Galgiani and Bradford, Galgiani, and
Wieckowski)
February 16, 2018
An act to amend Section 26200 of the Business and Professions Code,
relating to cannabis.
legislative counsel’s digest
SB 1302, as amended, Lara. Cannabis: local jurisdiction: prohibitions
on delivery.
The Control, Regulate and Tax Adult Use of Marijuana Act of 2016
(AUMA), an initiative measure approved as Proposition 64 at the
November 8, 2016, statewide general election, authorizes a person who
obtains a state license under AUMA to engage in commercial adult-use
cannabis activity pursuant to that license and applicable local ordinances.
The Medicinal and Adult-Use Cannabis Regulation and Safety Act
(MAUCRSA), among other things, consolidates the licensure and
regulation of commercial medicinal and adult-use cannabis activities.
MAUCRSA authorizes a licensee who obtains a retailer, microbusiness,
or a specified type of nonprofit to deliver cannabis or cannabis products,
and imposes requirements on the delivery of cannabis or cannabis
products. MAUCRSA prohibits a local jurisdiction from preventing the
delivery of cannabis or cannabis products on public roads by a licensee
who is acting in compliance with MAUCRSA as well as any local law
adopted pursuant to MAUCRSA. MAUCRSA generally authorizes a
118
local jurisdiction to adopt and enforce local ordinances to regulate
licensed businesses located within the local jurisdiction.
This bill would prohibit a local government from adopting or
enforcing any ordinance that would prohibit a licensee from delivering
cannabis within or outside of the jurisdictional boundaries of the local
jurisdiction.
The bill would include findings that the changes proposed by this bill
address a matter of statewide concern, rather than a municipal affair
and, therefore, apply to all cities, including charter cities.
The Control, Regulate and Tax Adult Use of Marijuana Act, an
initiative measure, authorizes the Legislature to amend the act to further
the purposes and intent of the act with a 2⁄3 vote of the membership of
both houses of the Legislature.
This bill would declare that its provisions further specified purposes
and intent of the Control, Regulate and Tax Adult Use of Marijuana
Act.
Vote: 2⁄3. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 26200 of the Business and Professions
line 2 Code is amended to read:
line 3 26200. (a) (1) This division shall not be interpreted to
line 4 supersede or limit the authority of a local jurisdiction to adopt and
line 5 enforce local ordinances to regulate businesses licensed under this
line 6 division, including, but not limited to, local zoning and land use
line 7 requirements, business license requirements, and requirements
line 8 related to reducing exposure to secondhand smoke, or to completely
line 9 prohibit the establishment or operation of one or more types of
line 10 businesses licensed under this division within the local jurisdiction.
line 11 (2) This division shall not be interpreted to supersede or limit
line 12 existing local authority for law enforcement activity, enforcement
line 13 of local zoning requirements or local ordinances, or enforcement
line 14 of local license, permit, or other authorization requirements.
line 15 (b) This division shall not be interpreted to does not require a
line 16 licensing authority to undertake local law enforcement
line 17 responsibilities, enforce local zoning requirements, or enforce local
line 18 licensing, permitting, or other authorization requirements.
2
119
line 1 (c) A local jurisdiction shall notify the bureau upon revocation
line 2 of any local license, permit, or authorization for a licensee to
line 3 engage in commercial cannabis activity within the local
line 4 jurisdiction. Within 10 days of notification, the bureau shall inform
line 5 the relevant licensing authorities. Within 60 days of being so
line 6 informed by the bureau, the relevant licensing authorities shall
line 7 begin the process to determine whether a license issued to the
line 8 licensee should be suspended or revoked pursuant to Chapter 3
line 9 (commencing with Section 26030).
line 10 (d) For facilities issued a state license that are located within
line 11 the incorporated area of a city, the city shall have full power and
line 12 authority to enforce this division and the regulations promulgated
line 13 by the bureau or any licensing authority, if delegated by the state.
line 14 Notwithstanding Sections 101375, 101400, and 101405 of the
line 15 Health and Safety Code or any contract entered into pursuant
line 16 thereto, or any other law, the city shall assume complete
line 17 responsibility for any regulatory function pursuant to this division
line 18 within the city limits that would otherwise be performed by the
line 19 county or any county officer or employee, including a county
line 20 health officer, without liability, cost, or expense to the county.
line 21 (e) This division does not prohibit the issuance of a state
line 22 temporary event license to a licensee authorizing onsite cannabis
line 23 sales to, and consumption by, persons 21 years of age or older at
line 24 a county fair or district agricultural association event, provided
line 25 that the activities, at a minimum, comply with the requirements
line 26 of paragraphs (1) to (3), inclusive, of subdivision (g), that all
line 27 participants are licensed under this division, and that the activities
line 28 are otherwise consistent with regulations promulgated and adopted
line 29 by the bureau governing state temporary event licenses. These
line 30 temporary event licenses shall only be issued in local jurisdictions
line 31 that authorize such events.
line 32 (f) This division, or any regulations promulgated thereunder,
line 33 shall not be deemed to limit the authority or remedies of a city,
line 34 county, or city and county under any provision of law, including,
line 35 but not limited to, Section 7 of Article XI of the California
line 36 Constitution.
line 37 (g) Notwithstanding paragraph (1) of subdivision (a) of Section
line 38 11362.3 of the Health and Safety Code, a local jurisdiction may
line 39 allow for the smoking, vaporizing, and ingesting of cannabis or
3
120
line 1 cannabis products on the premises of a retailer or microbusiness
line 2 licensed under this division if all of the following are met:
line 3 (1) Access to the area where cannabis consumption is allowed
line 4 is restricted to persons 21 years of age and older.
line 5 (2) Cannabis consumption is not visible from any public place
line 6 or nonage-restricted area.
line 7 (3) Sale or consumption of alcohol or tobacco is not allowed
line 8 on the premises.
line 9 (h) A local jurisdiction shall not adopt or enforce any ordinance
line 10 that would prohibit a licensee from delivering cannabis within or
line 11 outside of the jurisdictional boundaries of that local jurisdiction.
line 12 SEC. 2. The Legislature finds and declares that Section 1 of
line 13 this act amending Section 26200 of the Business and Professions
line 14 Code addresses a matter of statewide concern, rather than a
line 15 municipal affair as that term is used in Section 5 of Article XI of
line 16 the California Constitution. Therefore, Section 1 of this act applies
line 17 to all cities, including charter cities.
line 18 SEC. 3. The Legislature finds and declares that Section 1 of
line 19 this act amending Section 26200 of the Business and Professions
line 20 Code furthers the purposes and intent of the Control, Regulate and
line 21 Tax Adult Use of Marijuana Act.
O
4
121
122
123
FINAL REPORT
UPDATED CITYWIDE
PAVEMENT MANAGEMENT PLAN
OC Go
2018‐2025
Submitted to:
City of Huntington Beach, CA
April 16, 2018
124
April 16, 2018
Mr. Travis Hopkins, P.E.
Director of Public Works
CITY OF HUNTINGTON BEACH
2000 Main Street
Huntington Beach, CA 92648
Subject: City of Huntington Beach –OCTA Pavement Management Compliance Report 2018
Dear Travis:
As part of the 2018 Update of the Pavement Management Plan (PMP) for the City of Huntington Beach,
Bucknam Infrastructure Group, Inc. is pleased to submit the PMP reporting required by the Orange County
Transportation Authority (OCTA). This data/report will be submitted to OCTA as part of the City’s required
biennial PMP prior to June 29, 2018.
The information contained in this report was used to develop the recommended improvement program for
the pavement network. The report covers the following categories:
Pavement Management Plan Certification
Quality Assurance / Quality Control (QA/QC) Plan
Pavement Management Data Files (electronic Huntington Beach.e70 file format)
Pavement Management Plan that includes the following:
Average Pavement Conditions For Each Segment in the Network (PCI Report)
The Pavement Condition Index report shows the present condition of each street in
the pavement network (MPAH and Locals). In addition, the report shows the basic
geometry of each street segment.
Seven‐year Projected PCI Under Existing Funding Levels
This report identifies the projected PCI’s based on the local agencies current funding
programs. This report details the PCI projects for the entire network, MPAH
roadways and Local streets.
Seven‐year Plan for Road Maintenance and Rehabilitation (Forecasted Maintenance
Report)
The Forecasted Maintenance Report projects the street maintenance activities
required for the next seven years, broken down to show maintenance levels for all
streets. This includes all scheduled projects provided by the City for fiscal years 2018
through 2025.
125
Alternative Funding Levels
OCTA has requested two reports indicating the necessary funding to maintain the
City’s current weighted average PCI as well as the necessary funding to improve the
weighted average PCI by one PCI point over the next seven years.
Backlog by Fiscal Year (re: unfunded restoration, rehabilitation and reconstruction)
Percentage of total network in each of the five condition categories based on centerline
mileage
Local Match Reduction Reporting
In order to be eligible for Local Match Reduction of 10%, the following must be
submitted:
o Measurable improvement of paved road conditions during the previous
reporting period defined as an overall weighted (by area) average
system improvement of one PCI point.
o No reduction in the overall weighted (by area) average PCI in the MPAH
or local street categories
‐ or –
o Have road pavement conditions, for the overall network, during the
previous reporting period within the highest twenty (20%) of the scale
for road pavement conditions in conformance with OCTA Ordinance No.
3, defined as a PCI of 75 or higher, otherwise defined as in “good
condition”.
These reports will be submitted to the City of Huntington Beach as part of the biennial Pavement
Management Plan that is due prior to June 29, 2018. These reports will be packaged in a way that it will be
easy for staff to review.
All comments received from the City have been incorporated in the reports that follow. All of the City’s
issues and needs that were brought to our attention are included in the report. It has been a pleasure
working with you and the City on updating your Pavement Management Plan. We look forward to the
continued success of this project and future teamwork with City staff.
Sincerely,
Bucknam Infrastructure Group, Inc.
Peter J. Bucknam
Project Manager
Infrastructure Management – GIS Services
126
City of Huntington Beach, CA Page i
2018 Citywide Pavement Management Plan – OCTA Submittal
Final Report – June 29, 2018
AGENCY SUBMITTAL TABLE OF CONTENTS
I. Pavement Management Plan Certification .............................................................................. 2
II. Executive Summary.................................................................................................................. 3
III. Background ...................................................................................................................... 4
IV. Current Pavement Conditions (PCI) ......................................................................................... 7
V. Projected Pavement Conditions (PCI) ...................................................................................... 8
VI. Alternative Funding Levels ....................................................................................................... 9
a. Maintain Existing Average Network PCI ................................................................ 9
b. Improve Average Network PCI ............................................................................... 9
VII. Current and Projected Backlog by Year of Pavement Maintenance Needs ............................ 9
VIII. Centerline Mileage ................................................................................................................. 10
IX. Percentage of Network in Each of Five Condition Categories Based on Centerline Miles .... 10
X. Reduction in M2 Local Match ................................................................................................ 11
XI. Appendix A – Seven‐Year Road Maintenance and Rehabilitation Plan Based on Current
or Expected Funding Level .............................................................................. 12
XII. Appendix B – Complete Street Listing Current Conditions .................................................... 13
XIII. Appendix C – Quality Assurance / Quality Control Plan ........................................................ 14
Introduction ......................................................................................................... 14
Objectives ............................................................................................................ 14
Structure of QA/QC Plan ...................................................................................... 14
Condition Survey Procedures............................................................................... 15
Accuracy Required for Data Collection ................................................................ 16
Random and Systematic Re‐Inspections .............................................................. 16
PCI Comparison with Past Surveys ....................................................................... 17
Inspector Qualifications and Experience ............................................................. 17
Safety Procedures ................................................................................................ 17
XIV. Appendix D – Pavement Management Data Files ............................................................ 18
XV. Appendix E – GIS Maps – Current Conditions ................................................................... 19
127
City of Huntington Beach, CA Page 1
2018 Citywide Pavement Management Plan – OCTA Submittal
Final Report – June 29, 2018
CITY OF HUNTINGTON BEACH PAVEMENT MANAGEMENT PLAN
‐ part of ‐
COUNTYWIDE PAVEMENT MANAGEMENT PLAN GUIDELINES
(OCTA Guideline – April 2018)
Prepared by: Bucknam Infrastructure Group, Inc.
Submitted to OCTA: June 29, 2018
128
129
City of Huntington Beach, CA Page 3
2018 Citywide Pavement Management Plan – OCTA Submittal
Final Report – June 29, 2018
II. EXECUTIVE SUMMARY
2018 UPDATE OF PAVEMENT MANAGEMENT PLAN (PMP)
As the City of Huntington Beach’s infrastructure continues to mature Public Works priorities such as
Local street maintenance and Arterial rehabilitation are key projects to City staff. With the City mostly
built‐out, wear and tear on the infrastructure will occur at an ever increasing rate. Pavement aging
through annual weathering, dynamic and static vehicle loading, and increased usage, compounded with
the increased cost of performing maintenance and rehabilitation, add to the yearly operational budget
of the pavement network. System sustainability can only be achieved through proactive scheduling and
the implementation of cost‐efficient pavement applications.
In the upcoming years as the City continues to build upon this study through future inspections and
maintenance work history, Huntington Beach pavement data will continue to provide reliable data. This
will enhance the PMP through detailed Orange County Transportation Authority (OCTA) OC Go funding
analysis, City specific budgetary reporting and level of service reporting.
The Huntington Beach PMP has been developed to assist City personnel by providing current data on
the City’s street network and to develop cost‐effective maintenance strategies to maintain a desirable
level of pavement performance on a network scale, while optimizing the expenditure of limited fiscal
resources. The project consisted of analyzing the City’s 2017 dataset for quality and usability. In doing
this, we were tasked to generate an updated Capital Improvement Program report that identified
recommendations and deficiencies in the current operating and maintenance efforts put forth by the
City.
We surveyed all designated arterial, collector (MPAH) routes this past winter to assist the City in being
compliant with OCTA – OC Go April 2018 guidelines. Additionally, we updated the City’s unique
Pavement Management – GIS layer that will continue to assist the City in analyzing pavement conditions
and other attribute information through the use of ESRI ArcMap.
Bucknam Infrastructure Group reviewed the City’s previous maintenance efforts and the current 2018‐
19 proposed street improvements for pertinent pavement information in order to generate a CIP report
that identified recommendations and opportunities for improvement in the current operating and
maintenance efforts put forth by the City. The result of these work efforts is this report.
130
City of Huntington Beach, CA Page 4
2018 Citywide Pavement Management Plan – OCTA Submittal
Final Report – June 29, 2018
III. BACKGROUND
In late 1990, voters throughout Orange County approved a ½‐cent sales tax for transportation
improvements known as OC Go, formerly known as Measure M2. Funding for streets and roads are
included within the sales tax and are distributed to locals agencies through both formula and a
competitive method. In late 2006, the renewal of OC Go was approved by voters that would continue
the ½‐cent sales tax for thirty additional years, starting in 2011.
The primary of goal of this report is to comply with established guidelines from OCTA to ensure that field
data collection and reporting efforts performed by outside consultants or local agency staff are
consistent. This is required in order that funding allocations can be reviewed and based on agency
comparable pavement conditions. Specifically, our findings and recommendations provide Public Works
administrators, managers and field personnel with:
* PMP report consistent with OCTA OC Go guidelines
* the present condition status of the pavement network (arterial, collector, residential and
industrial streets), as a whole and of any grouping or individual component within the City;
* a ranked list of all streets, or segments of streets, by condition within the network;
* rehabilitation/maintenance needs of each street segment by year;
* an optimized priority maintenance and rehabilitation program based on cost/benefit
analysis and various levels of funding;
* optimum annual pavement expenditure levels for pavement maintenance for the next seven
(7) years;
* prediction of the life‐cycle performance of the City’s pavement network and each individual
street section; and
* pavement condition data and analysis presented in GIS through ESRI ArcMap
Pavement is a dynamic structure where deterioration is constantly occurring; thus the pavement
management system needs to be updated on a regular basis to reflect these changes in pavement
conditions, pavement maintenance histories, and maintenance strategies based upon budgetary
constraints. In our approach to develop the City’s forecasted maintenance recommendations we
worked with Huntington Beach Public Works/Engineering staff in identifying unit costs for all
maintenance practices used on an annual basis. Currently, based upon the City’s maintenance practices
and their associated unit costs, the total replacement value of the Huntington Beach pavement network
is $632,114,800. This value clearly indicates that the City’s pavement network is the most valuable and
essential asset to Huntington Beach. The City’s use of slurry seal, AC Overlay and R&R practices are
typically applied at a five year, ten year and 25 year frequency respectively. These frequencies are
typical but the City may see increases in deterioration rates due to environmental, load and high
average daily traffic (ADT) volumes. For example, high ADT volumes along one of Huntington Beach’s
arterial streets will increase deterioration rates for a previously applied AC Overlay compared to a small
local street. These deterioration rates are monitored through frequent inspections and functional class
deterioration analysis within the City’s PMP database.
131
City of Huntington Beach, CA Page 5
2018 Citywide Pavement Management Plan – OCTA Submittal
Final Report – June 29, 2018
FINDINGS AND RECOMMENDATIONS
Through our assessment of historical maintenance performed within the City and through our
discussions with City staff the conditional data found across the network clearly shows that the City has
applied strong, preventative maintenance strategies over the past decade. Pavement management
involves frequent preventative maintenance; as pavement deteriorates through heavy traffic impacts,
weathering and time, preventative maintenances (such as slurry seal, stop gap, etc.) have limited
benefits. More aggressive maintenance applications have to be used.
Our study has shown that key overlay projects will be needed over the next seven years to maintain the
network’s high level of condition. Currently, the City’s two major streets networks (Local & Arterial)
hold average weighted PCI values; it is our recommendation that a proactive, common sense overlay
program and a continued slurry seal program be scheduled over the next several fiscal years. This will
ensure that the citywide weighted PCI will sustain itself and allow for routine slurry seal maintenance to
continue.
We have found and recommend the following detailed items which should be reviewed and considered
for a proactive approach to the future management of the PMP:
ARTERIAL / COLLECTOR (MPAH) FINDINGS AND RECOMMENDATIONS
The actual workload requirements identified indicate that the Arterial (MPAH) street network is
currently in “good” condition. To maintain this condition, it is critical that preventive maintenance and
overlay activities are funded at the levels identified on page 8 to maintain a “good” network weighted
average PCI value. Our MPAH findings for conditional data and recommendations for revenue
expenditures are shown below:
The MPAH network has a weighted PCI of 76.1
The MPAH network consists of 168.4 centerline miles and 34,392,860 SF of pavement;
Currently, 35% of the MPAH network (59.0 centerline miles) qualify for slurry seal/stop gap
maintenance; 28.8% of the Arterial network (48.6 centerline miles) qualify for
rehabilitation/reconstruction maintenance;
At a minimum, MPAH maintenance projects should focus on the maintaining the current PCI
above a weighted average of 75 over the next 7 years;
Develop a proactive fiscal and planned approach to identify MPAH overlay projects based on the
deterioration modeling within MicroPAVER;
Appropriate MPAH revenues at an average of $5.34 Million /yr for the term of the seven‐year
CIP to generate the results identified on page 8 (V. Projected Pavement Conditions – Current
Funding); and
Perform pavement inspections on the MPAH network every two years to build a solid planning
model within MicroPAVER to track PCI deterioration; also follows new OCTA guidelines for OC
132
City of Huntington Beach, CA Page 6
2018 Citywide Pavement Management Plan – OCTA Submittal
Final Report – June 29, 2018
Go.
LOCAL FINDINGS AND RECOMMENDATIONS
The actual workload requirements identified indicate that the Local street network is currently in “good”
condition. To maintain this condition, it is critical that preventive maintenance and overlay activities are
funded at the levels identified on page 8 to maintain a “good” network weighted average PCI value.
Our Local network findings for conditional data and recommendations for revenue expenditures are
shown below:
The Local network has a weighted PCI of 76.4;
The Local network consists of 319.7 centerline miles and 62,855,573 SF of pavement;
Currently, 31.5% of the Local network (100.7 centerline miles) qualifies for slurry seal/stop gap
maintenance; 31.4% of the Local network (100.4 centerline miles) qualify for
rehabilitation/reconstruction maintenance;
At a minimum, Local maintenance projects should focus on the maintaining the current PCI
above a weighted average of 75 over the next 7 years;
Develop a proactive fiscal and planned approach to identify local overlay projects based on the
deterioration modeling within MicroPAVER;
o Continue to utilize the City’s twelve (12) Zone Maintenance Schedule;
Appropriate Local revenues at an average of $2.5 Million /yr for the term of the seven‐year CIP
to generate the results identified on page 8 (V. Projected Pavement Conditions – Current
Funding); and
Perform pavement inspections on the Local network every four years to build a solid planning
model within MicroPAVER to track PCI deterioration; also follows new OCTA guidelines for OC
Go.
133
City of Huntington Beach, CA Page 7
2018 Citywide Pavement Management Plan – OCTA Submittal
Final Report – June 29, 2018
IV. CURRENT PAVEMENT CONDITIONS (PCI)
134
City of Huntington Beach, CA Page 8
2018 Citywide Pavement Management Plan – OCTA Submittal
Final Report – June 29, 2018
V. PROJECTED PAVEMENT CONDITIONS (PCI)
VI. ALTERNATIVE FUNDING LEVELS
Maintain Existing Average Network PCI
Improve Aver
135
City of Huntington Beach, CA Page 9
2018 Citywide Pavement Management Plan – OCTA Submittal
Final Report – June 29, 2018
VII. CURRENT AND PROJECTED BACKLOG BY YEAR OF PAVEMENT
MAINTENANCE NEEDS
DEFERRED MAINTENANCE
Delaying repairs on streets where pavement conditions indicate a need generates deferred
maintenance or “backlog”. Deferred maintenance is work that is postponed to a future budget
cycle, or until funds are available. As maintenance is deferred, the opportunity to apply
preventive, life extending pavement treatments is forfeited and the ultimate cost of
rehabilitation multiplies (i.e. slurry seal costs to overlay costs). By using the City’s pavement
maintenance applications and their associated unit costs, when a budgetary model is exercised
within the PMP software the amount of deferred maintenance is calculated. Based upon the
available budget applied to the model, deferred maintenance will increase or decrease.
As maintenance is deferred, the opportunity to apply life extending preventive pavement
applications is lost and the ultimate cost of rehabilitation multiples.
VIII. CENTERLINE MILEAGE
136
City of Huntington Beach, CA Page 10
2018 Citywide Pavement Management Plan – OCTA Submittal
Final Report – June 29, 2018
IX. PERCENTAGE OF NETWORK IN EACH OF FIVE CONDITION CATEGORIES
BASED ON CENTERLINE MILES
X. REDUCTION IN M2 LOCAL MATCH
A local agency match reduction of 10% of the eligible cost for projects submitted for consideration of
funding through the M2 Comprehensive Transportation Funding Programs (CTFP) call for projects is
available if the local agency either:
a. Shows measurable improvement of paved road conditions during the previous reporting
period defined as an overall weighted (by area) average system improvement of one
Pavement Condition Index (PCI) point with no reduction in the overall weighted (by area)
average PCI in the Master Plan of Arterial Highways (MPAH) or local categories:
or
b. Have road pavement conditions during the previous reporting period, within the highest
20% of the scale for road pavement conditions in conformance with OCTA Ordinance No. 3,
defined as a PCI of 75 or higher, otherwise defined as in “good condition”.
Road conditions found through our 2018 PMP management study shows that the City is eligible for Local
Match Reduction based on the current network weighted PCI of 76.4. Additionally, the City of
137
City of Huntington Beach, CA Page 11
2018 Citywide Pavement Management Plan – OCTA Submittal
Final Report – June 29, 2018
Huntington Beach has demonstrated with the enclosed budget projection (page 8) that the City’s
weighted average PCI (by area) remains above a PCI of 75 after the seven year program.
138
City of Huntington Beach, CA Page 12
2018 Citywide Pavement Management Plan – OCTA Submittal
Final Report – June 29, 2018
XI. APPENDIX A – SEVEN YEAR ROAD MAINTENANCE AND REHABILITATION
PLAN BASED ON CURRENT OR EXPECTED FUNDING LEVEL
139
City of Huntington Beach, CA Page 13
2018 Citywide Pavement Management Plan – OCTA Submittal
Final Report – June 29, 2018
XII. APPENDIX B – COMPLETE STREET LISTING CURRENT CONDITIONS
140
City of Huntington Beach, CA Page 14
2018 Citywide Pavement Management Plan – OCTA Submittal
Final Report – June 29, 2018
XIII. APPENDIX C – QUALITY ASSURANCE / QUALITY CONTROL PLAN
Introduction
When performing data collection in any field, the need for quality control is paramount as it is essential
for accurate planning, analysis and design. This is particularly true for collecting pavement distress data
for a pavement management program.
The Quality Assurance / Quality Control (QA/QC) Plan establishes minimum quality standards for
performance and procedures for update of the pavement management program.
Objectives
This document constitutes a formal QA/QC Plan for the City of Huntington Beach. It was prepared on
March, 2018 and last revised in March, 2018.
Specifically, it is intended for the 2018 Pavement Management Plan Update. The focus is on the
collection of network‐level pavement distress data (defined by National Cooperative Highway Research
Program (NCHRP) Synthesis 401 Quality Management of Pavement Data Collection, as “Network‐level
data collection involves collection of large quantities of pavement condition data, which is often
converted to individual condition indices or aggregated into composite condition indices”.
This document also addresses the QA/QC plan requirements of the Orange County Transportation
Authority (OCTA)’s “Countywide Pavement Management Plan Guidelines” (Section 2.4), adopted in May
2010.
Structure of QA/QC Plan
The following components are addressed in this QA/QC Plan:
Condition survey procedures used;
Accuracy required for data collection;
Inspector qualifications and experience; and
Safety.
141
City of Huntington Beach, CA Page 15
2018 Citywide Pavement Management Plan – OCTA Submittal
Final Report – June 29, 2018
Condition Survey Procedures
The governing document in performing condition surveys for the City of Huntington Beach is ASTM
D6433‐16 “Standard Practice for Roads and Parking Lots Pavement Condition Index (PCI) Surveys.” Both
asphalt concrete (AC) and Portland cement concrete (PCC) pavements are included in this protocol. The
following distresses are collected for each pavement type:
As required by the Orange County Transportation Authority (OCTA), the City of Huntington Beach must
prepare and implement a quality assurance / quality control (QA/QC) plan regarding pavement
management inspection as they pertain to MicroPAVER. For the purposes of this report, Bucknam has
demonstrated below how our project team implemented QA/QC procedures during the project.
Our QA/QC plan focuses on the how each pavement inspection is performed, what distresses are
collected and ensures that it complies with the OCTA guidelines defined within the “Countywide
Pavement Management Plan Guidelines (CPMPG)”.
As shown within the OCTA (CPMPG), our staff followed and delivered on the requirements stated within
Chapter 2, page 2‐5 which require specific QA/QC data (Items A through G). Additionally, Chapter 3
requires numerous data/deliverables from local agencies for OC Go eligibility. All general PCI budgetary
report submittals will follow the Chapter 3 guidelines.
In conjunction with the outlined items within the CPMPG Section 2 we have summarized our QA/QC
procedures below:
142
City of Huntington Beach, CA Page 16
2018 Citywide Pavement Management Plan – OCTA Submittal
Final Report – June 29, 2018
a. Descriptions of condition survey ‐ Our staff follows the required Condition Survey Protocols
(CPMPG, Chapter 2); our staff assesses each pavement section for the minimum distresses
outlined within Chapter 2, page 2‐1. Additionally, based on the pavement conditions found, we
collect all MicroPAVER/StreetSaver Army Corps of Engineers (ACOE) distresses, if found within
the sample sections; for example, if slippage cracking, potholes, etc. are found our survey
technicians record the proper information.
b. How data was collected ‐ Our surveys follow the OCTA accepted walking requirements. All
sections that our staff surveys are performed through the walking method, approximately 10%
of all sections surveyed were complemented with windshield surveys based on unique
conditions found. Our staff physically measures the width of every section as well as measure
for any square footage adjustment that need to be added or taken away from a sections “true
area” (i.e. cul‐de‐sac, bus pads, street width variances, etc.). Samples taken always include a
minimum of 2,500 SF coverage unless specific section limits prohibit this. Arterial section
samples utilize a 3,500 SF sample size due to the larger section area (this is within the ASTM
D6433‐16 sample size calculation. Field crews typically include one individual for residential
pavement sections while Arterial (MPAH) routes utilize a two‐person crew for safety, traffic
control and increases quality control.
c. Accuracy required for data collection ‐ We use a statistical sampling approach for measuring
the quality of our field technician’s work. In this manner, 10 percent of the original surveys are
re‐surveyed by a different survey crew than the original, supervised by a field supervisor, and
the results are compared to the original surveys. Our QC process involves checking the field
crews’ work in a “blind study” fashion. Quality control checks are performed at the end of each
survey week. This ensures that all field personnel are properly collecting section samples,
distress types and distress severities for all street segments.
When QA/QC issues are found, our staff documents the issues within MicroPAVER’s user
interface. If distress types found are not within the 97% accuracy our QA/QC is
expanded beyond our minimum 10% resurvey to 20% of the original survey
d. Random and Systematic Re‐Inspections – As described above our staff re‐inspects, as a
minimum, 10% of the original survey (OCTA only requires 5%). Per the agencies requests, our
staff will submit PCI reports to the agency as project status reports for their review. Agencies
will typically review specific pavement sections for PCI accuracy based on recent overlay or
slurry seal maintenance; this serves as an initial accuracy check on our surveys (outside
Bucknam QC efforts). Additionally, our staff performs “ride‐a‐long” surveys with local agency
staff to build consensus on how our MicroPAVER/StreetSaver ACOE surveys are performed,
recorded and reported on.
Random re‐inspections will include a representative selection across the following categories:
Functional classed (i.e. MPAH, locals);
Surface types (e.g. AC or PCC);
Pavement conditions (e.g. good, fair, poor);
Inspectors;
143
City of Huntington Beach, CA Page 17
2018 Citywide Pavement Management Plan – OCTA Submittal
Final Report – June 29, 2018
Geographical areas, if applicable.
For systematic re‐inspections, this could be due to noticed trends such as specific treatment
types (e.g. open‐graded mixed), a specific inspector or geographical area. In these cases
Bucknam continues to utilize a 10% re‐inspection policy.
e. PCI Comparison with Past Surveys ‐ if previous inspection data is available, new PCI’s calculated
through the most recent inspections will be compared to previous PCI’s. If the variance in PCI is
greater than +/‐ 10 PCI points, these sections will be flagged for further investigation and/or re‐
inspection (In the cases that a PCI increases or decreases by 10 points follows the established
CPMPG guidelines; Appendix A, page A‐18).
f. Schedule of data submittal – Pending on the City’s last major PMP submittal, Bucknam will
assist the agency in submitting the following:
Master Plan of Arterial Highways (MPAH) routes will be surveyed and reported on at
least once every two years
Local streets will be surveyed and reported on every six years
Corresponding MPAH and local PCI reporting and budgetary reporting will be submitted
every two years
g. Experience of Inspectors – Bucknam staff have been trained on the use of MicroPAVER and the
ACOE MicroPAVER segment calibration and inspection practices. Mr. Peter Bucknam (Project
Manager) and Mr. Patrick Mullen (GIS Planner) have completed the MicroPAVER Certification of
Professional Development courses. All Bucknam field technicians are trained using the ACOE
survey methodologies and have passed OCTA’s prequalification testing.
Bucknam Infrastructure Group inspectors have attended formal training on pavement condition
distress surveys. This training was conducted prior to performing any work using the ASTM
D6433‐16 protocols, consistent with OCTA’s requirements. Resumes of the technicians the
performed PMP services on this project are included as an attachment.
h. Field data collection safety procedures – Bucknam field survey techniques utilize the following
procedures:
a. All vehicles are properly marked or flagged with appropriate sign markings indicating
that a “PAVEMENT SURVEY IS IN PROGRESS”
b. All vehicles have the proper flashing amber light beacons placed on the top of the
vehicle to allow for proper visibility and line‐of‐site warning
c. Large MPAH routes are surveyed using two field technicians to increase traffic control
warning and safety
d. While parking or stopping along the survey route, vehicles legally park within the right‐
of‐way or use a parking lot
144
City of Huntington Beach, CA Page 18
2018 Citywide Pavement Management Plan – OCTA Submittal
Final Report – June 29, 2018
e. All field technicians wear ANSI – 105 Class II safety vests
XIV. APPENDIX D – PAVEMENT MANAGEMENT DATA FILES
The City of Huntington Beach MicroPAVER database (.e70 file) has been enclosed for City and OCTA use.
This data and the associated reporting data includes:
Street names and limits for the City’s public streets
Street identifiers (Branch ID, Section ID)
Direction
Begin and end of section
Length, width and true areas
Functional Classification (MPAH, Local)
Number of travel lanes
Pavement Condition Index (PCI) and date of inspection
Type of recommended treatment
Cost of recommended treatment
145
City of Huntington Beach, CA Page 19
2018 Citywide Pavement Management Plan – OCTA Submittal
Final Report – June 29, 2018
XV. APPENDIX E – GIS MAPS / CURRENT
146
147
Huntington Beach Council on Aging
Board Meeting Minutes
Senior Center in Central Park
Date: May 3, 2018
In Attendance: Bob Allen, Jules Hooper, JD Miles, Susan Montoya, Carolyn Allen, Ellen
HopeKearns, Judy Osuna, Debbie Killey, Phil Smith, Shelly Vrungos, Bob Polentz, Patti Cody,
Martha Nishida, Celine Keeble, Don MacAllister, Don Gay, Ed Pinchiff, Francine Mullee.
Staff: Kellie Cairns, Randy Pesqueira, Chris Slama.
Honorary Board: Bob Dettloff.
Volunteer: Grace Mayeda.
Guest: Marie Knight, Community Services Director, City of Huntington Beach; Molly Uemura,
Events Specialist, SCICP; Pat Tensfield, Hoag Hospital; Joanna R. Jones, CEO Alzheimer’s
Family Services.
Excused: Adrai Thomke, Kristen Christophersen , Beth Hambelton, Cathy Meschuk. Robert
Sax,MD. Beatrice Wiest.
1. Call to Order: Ed Pinchiff.
2. Pledge of Allegiance: Ed Pinchiff.
3. Invocation: Ed Pinchiff.
4. Approval of the Agenda: Motion, Don MacAllister, second, Bob Allen.
5. Approval of the Minutes: Motion, Don Gay, second, Bob Allen.
6. Presidents Report: Ed Pinchiff. -
a. Welcome to guest Joanna Richardson Jones, CEO of Alzheimer’s Family Services Center.
Joanna Thanked HBCOA for the years of support thus far. Noted is the increase of Alzheimer’s
patients and how AFC maintains a 5:1 ration of aids to patients. A second Healthy Brain Fair
is planned for May 19, from 8 am to 1:pm. Attendance is expected to be up from last year.
Many vendors will be present and screenings will double over last year. A second campus has
opened in Mission Viejo and is fully staffed. Flyers were passed out and parking at St. Jude
with shuttle bus will assist moving people in and out was noted.
b. Introduction of guest: Molly Uemura; Events Specialist SCICP introduced by Randy. She will
be the liaison to the Board concerning events at the SCICP full time. Welcome Molly!!
Marie Knight, Community Services Director expressed her support and Thanks to HBCOA
for the continuing works on behalf of HB’s senior community.
Welcome to Pat Tensfield, also representing Hoag Hospital.
c. Guest Speaker: None.
d. As noted on the Agenda: On April 14, HBCOA along with Orange County Realtors and
Republic Services sponsored another free SHRED Event. Thanks all, JD Miles and Teri and
volunteers who participated.
April 20: “Spring Fling Dance” was well attended by over 200. HBCOA hosted with cosponsor
MemorialCare Orange Coast Medical Center. Thanks You volunteers and Beth Hambelton
who was our MC and to Staff! A very successful event!
April 28, Annual Volunteer Appreciation Barbecue was well attended. Thanks to Volunteers
148
and staff for making the events a great success.
7. Announcements:
a. Reminder; All Board members to reach out for auction items for the June HBCOA Golf
Tournament.
b. Thanks to staff, volunteers and Board members who help prepare the Outlook for mailing.
4 th Thursday of each month, 8:30. Board members encouraged.
c. Thanks to Sue Noden for Board Meeting refreshments. Outstanding job!
d. Reminder: committee reports or other items for the agenda. Please submit to Beatrice
Wiest, (bwiest@hbcoa.org)
e. Father Christian Mondor: Fr. Christian Mondor, ofm, has passed from this world to the next.
He loved life to the fullest and the people to whom he ministered, fighting to stay with them until the
very end on April 25, 2018, two days before his 93rd birthday. He died with vision of mind and body
unabated and with the holy oils of Mother Church still wet upon his forehead and hands. His final
words were "Keep working." He was, from first to last, a Franciscan priest and a man of God. May he
rest in peace.
Funeral Arrangements
Thursday, May 10th, from 4:00 p.m. to 6:30 p.m. Rite of Reception at the Church (with Viewing)
Thursday, May 10th, at 7:00 p.m. Vigil
Friday, May 11th, at 2:00 p.m. Funeral Mass, a reception follows in Colman Hall
Interment will be at Old Mission Santa Barbara at a date and time to be announced.
In lieu of flowers, please consider donating to the parish of Sts. Simon & Jude Catholic Church in honor of the Fr. Christian Mondor
Plaza. Later this year the plaza will be formally dedicated to our beloved Fr. Christian, ensuring that the man who welcomed and
reached out to so many will continue to welcome and reach out to generations more.
Father Mondor served on the HBCOA Board for at least 2 years and was extremely active in the HB
community.
8. Executive Board Meeting Minutes
Forwarded as an email
9. HBCOA Upcoming Events: Martha Nishida -
New schedule is published and changes will be made periodically. 5/8 Tuesday, Sands
registration begins. Coffee and donuts will be offered free. Representation from the Board
would be good!
5/11 – Friday - Quarterly Luncheon Business meeting set for 11;00AM. Volunteers needed
early on.
5/29-Tuesday- Executive Board Meeting, 3:00 pm Budget mtg to follow @ 4:00pm.
10. Unfinished Business:
a. As noted in the agenda: Exec Board recommends the following language concerning the
circumstances under which HBCOA might consider sponsoring events by other non profits
or organizations: HBCOA may financially sponsor or support events by other third party
non profit organizations at the discretion of the HBCOA Board of Directors when such
sponsorships provide a benefit to HBCOA or seniors in the local community. Motion by
149
Don MacAllister to place said language on the floor for discussion. Discussion ensues:
Bob Allen notes that to sponsor is beyond the scope of the mission. Marketing value
of a support issue discussed.
One word “support” noted as being adequate, whether financial or not, being present and
volunteering will always be appreciated.
Reciprocity, yes ! The Lions Club assisting with the pancake breakfast, Assistance League
always in support of our activities and more.
To make this topic a line item in the budget is discussed as favorable. Support one group a year
also discussed. Keeping the topic motion in general terms is favorable and dropping the
“sponsor” term in favor of “support” generally accepted .
Modified motion now reads-- HBCOA may financially support events by other third party
non profit organizations at the discretion of the HBCOA Board of Directors when such
sponsorships provide a benefit to HBCOA or seniors in the local community. Motion passes.
11. New Business: “Transportation Funding Opportunity” Information handout.
a. HBCOA financial support for a grant by the City of HB to the Orange County Transportation
Authority’s (OCTA) new Orange County Enhanced Mobility for Seniors and Disabled
(EMSD) Grant Program. Randy described the 5310 grant program and its history with our
senior transportation program. This year the time seems constrained and a motion to loan
City $52,000 is discussed. Safety of vehicles is discussed so the City can replace some of the
aging vehicles. Funding availability discussed. Motion by Phil Smith: HBCOA approve
a loan of approximately $52,000 to the ESMD/OCTA Grant Program, 20% matching funds.
Don MacAllister second, Motion approved.
12. CFO/Treasurer’s Report: Ed Pinchiff -
Question: Haskel Grant #30800. Clarification in question.
Page 4 of budget CD’s update needed on roll overs?
13. City Council Report: No report.
14. Community Services: Chris Slama-
Thanks to HBCOA for the funding loan for the transportation program and for funding the
part time Care Manager. Approval goes to the City Council soon..
Great to see a successful Volunteer Appreciation Luncheon run so smoothly. Welcome Kellie!
And a Thanks for the Sands Registration day set up planned with coffee/donuts,etc.
15. CSL: (state) Don MacAllister-
Elections for new representatives coming up and a need for new personnel is needed. Don is
retiring out of the program. SCAC is where you can get started.
16. SCAC: (county) Don Gay -
A Health Care and nutrition specialist spoke on subject of the need for an Advanced Health
Care Directive and end of life directives. All necessary or the state becomes involved.
17. HB Coordinating Council: Ed Pinchiff -
As noted on the Agenda:
a. Assistance League Luncheon “Treasures by the Sea”, May 5 @ HB Hyatt Hotel.
b. HB Shipley Nature Center Open House, May 5.
c. Annual Derby Day Fundraiser, May 5 HB Central Park Equestrian Center.
d. Alt Med Annual Duck-A Thon ,May 18-20 , HB Pier and Plaza.
150
e. Annual Memorial Day Ceremony, May 28 HB Pier and Plaza hosted by American Legion
Post133.
f. HB Concours d’Elegance on June 2-3, HB Central Park.
g. Wags N Wine, June 17, at HB Pasea Hotel raising funds for Waggin’ Trails Rescue
Foundation.
18. Senior Services Executive Director’s Report: Randy Pesqueira- report at meeting.
SeniorServ Lunchs continue at around 95 per day compared to 30 -40 at Rogers Center.
Parking become problem with the many activities on going on certain days. Use of trans
portation system could help reduce the problem. Parking discussed at length!
Young At Heart Band to dedicate performance to Father Mondor on June 5.
Assistance League Fashion Show noted and coming up.
Parking discussions continue. Center closed on May 28, Memorial Day.
Aging America Conference report is forth coming!
19. Standing Committee Report:
a.Golf:
The next golf committee meeting is on May 16 at 3:00 in the conference room. We have had wonderful
response to our donation mailing, but still need Board support. Many thanks to Beverly, Susan and Ashley for
their hard work.
The second sponsor mailing was sent out last week, and another golf invitation mailing was sent out yesterday.
At the current time we have sponsorships as follows: Title/ First Bank & Banc of California Tournament/
Clearinghouse CDFI
Banner + Towels/ Hoag Medical Group Banner + Wine?/ Antis Roofing 6 Tee/Green/ Timothy Ryan (2) JD
Miles, Teri Miles, Carol Settimo, Round Table Pizza. It would be greatly appreciated if all Board members
would recruit sponsors and golfers.
If you are available to volunteer the day of the tournament, please see Kelli. She is currently working on
scheduling volunteers for the day.
b. Community Festival (Senior Saturday): No report.
c.Budget: No Report.
d. Marketing/Facebook: JD Miles - As noted in the agenda.
I ) On 4/14 HBCOA Marketing and OC Association of Realtors and Republic Services and SCICP
conducted a SHRED event. 460 cars filled 2 shredding trucks along with four dumpsters. A most
successful event and Thanks to Bev, Sue and all the volunteers. Debbie Killey volunteers to take
lead for future SHRED events. Next year possibly on May 4, 2019.
Ii ) The Marketing Committee in conjunction with HB Fire Dept’s Senior Home Inspection Program
(Project SHIP). The California Resources Corporation issued to HBCOA a check for $15,000 to
purchase smoke and C02 alarms for HBFD’s Project ship. HBCOA will purchase the alarms and
deliver them to HBFD along with a 10 yr. Battery.
Iii) Project SHIP volunteers conduct free home safety inspections for seniors in the city. An HB
resident and 60 years of age will receive a free smoke alarm with 10 yr. Battery. While supplies last.
e.Board Membership: No report.
151
f.Website: Don MacAllister /Celine Keeble-
Site is doing well and speed has increased. Photo Contest planned. Amateur photographers are
ask to submit one photo. Up to 100 entries are hoped for representing many aspects of life.
Top 10 will be judged by a professional.
Deadline is Sept 10. Photos will be displayed at a Gallery SCICP event.
Sorry! Board members may not enter!!!!
g. Resource Development Committee: Susan Montoya - As noted on the agenda.
Next meeting 5/16 @ 2pm. No meeting in April.
Follow up items include delivery to HBCOA of the interview – style collateral piece between
City of HB, Hoag and HBCOA. Review of final version was approved. Next step is to craft a short
article for the Outlook and connect a hyperlink to the HBCOA website and Orange County
Community Foundation. More updates in May/June.
We are still looking for our first donor and would encourage all Board members to openly discussed
the HBCOA Endowment with all contacts.
h. Strategic Planning Oversight Committee: Ed Pinchiff -
Assignments and chairpersons positions are under review..
I. Travel: Ellen Hope Kearns- More details reported on the agenda.
I) April 12th, Thursday. The Living Desert Zoo and Gardens. Forty five passengers enjoyed the tour.
During the bus ride a brief history of key projects and work accomplished at Living Desert was
provided. A 2 hour tram tour of the zoo ,gardens and recently opened veterinary hospital was enjoyed.
ii) April 29, A Ride Down Memory Lane. A tour of the Automobile Driving Museum enjoyed by
54 passengers.
Iii) Note: A tour has been added to June schedule. The Lavender and Lincoln: Lavender Festival and
Lincoln Memorial Shrine tour set for June 15, Friday. Tour coincides with the Lavender
Festival at the historic Highland Springs Ranch & Inn in Cherry Valley. Please refer to
announcements in the Travel Resource Room for details.
152
20. Provider Sector:
a. Alzheimer’s Family Services: Judy Osuna -
A Healthy Brain Fair is set for May 19, 8 – 10 am at Alzheimer’s Family Center. Increase memory
screenings will be provide along with brain health, caregiver resources and free first aid kits to the
first 150 attendees. Lunches are provided. Memory Screenings on Tuesdays .
Mind Boosters program is set for June 8 at Land Mark from 10am to 1 pm.
b. Hoag Hospital: Orange County Vital Brain Aging Program - Celine Keeble -
Memory screenings continue at SCICP on Fridays. Call 949 764 6288.
Spanish speaking Doctors available at Hoag
Creativity and memory speaker on May 17, 6pm @ Hoag ,Newport Bch.
Flyers were made available.
c. Memorial Care Medical: No report. Excused.
d. Merrill Gardens: No report.
e. Memorial Care – Orange Coast Medical Center: No report. Excused.
f. Fountain Valley Regional Hospital: No report. Excused.
g. Huntington Beach Hospital: Patti Cody -
The hospital is a stroke certified facility and also opened an emergency psychological crisis
unit. May 5 – 15 is National Health Care Week. Please recognize your healthcare giver!!
I. Republic Services: Debbie Killey -
Becoming more involved in community activities such as Equestrian Center Derby Day, Beach
clean up events, etc. Come out and help when you can.
J.Noted : A search for a replacement for the position of Recording Secretary continues! Requirements
are: Background check, fingerprinting, training video and should have all ten fingers.
Administrative Secretary position is also conducting a search.
Meeting Adjourned 11:15 approx.
153
CITY OF HUNTINGTON BEACH
NOTICE OF PUBLIC MEETING
NOTICE IS HEREBY GIVEN that the City of Huntington Beach City Council will hold a public
meeting at the location, date, and time indicated below to receive and consider all persons who
wish to be heard relative to the application described below.
DATE: June 18, 2018
TIME: 6:00 p.m.
SUBJECT: To authorize the application to the Orange County Transportation Authority
EMSD (formerly 5310) program grant to purchase accessible vans and busses
to transport elderly and physically challenged persons.
CONTACT Huntington Beach Community Services Department
DEPARTMENT: 2000 Main Street
Huntington Beach, CA 92648
Phone: (714) 536-5496
marie.knight @surfcity-hb.org
LOCATION: Council Chambers - Civic Center
2000 Main Street
Huntington Beach CA 92648
PURPOSE: The City Council of the City of Huntington Beach will be
conducting a regularly scheduled meeting on June 18, 2018, at 6:00 p.m. There
will be a consent item on the agenda prepared by the Community Services
Department to authorize application to Orange County Transportation
Authority EMSD (formerly 5310) program grant to purchase accessible vans
and related equipment to transport elderly and physically challenged persons.
City Council will consider whether there are any private, nonprofit
transportation agencies readily available to carry out the Senior Transportation
Program currently being provided by the city.
ALL INTERESTED PERSONS OR PRIVATE, NONPROFIT PROVIDERS
willing to express support or opposition on the proposed grant application and
the proposed use of said grant will be given an opportunity to do so during
public comments at this meeting, or may, prior to the time of the meeting,
submit written comments to the City Clerk at 2000 main street, Huntington
Beach, California, 92648.
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
AB 341 - MANDATORY COMMERCIAL RECYCLING AB 1826 MANDATORY ORGANICS RECYCLINGCITY OF HUNTINGTON BEACH SUBMITTED TO CITY ON 05/02/182017 Refuse Rate2017 MRF RateRefuse Percent Change2018 Refuse Rate2018 MRF RateRDC 2018 Rate5% Franchise FeeCalculated 2018 TotalBasic ServiceFranchise FeeState RecyclingTotal Fee2017 Rate2018 Rate1 YARD1 X PER WEEK 73.71$ 2.66$ 1.89% 75.10$ 2.66$ 77.76$ 3.76$ 81.52$ 75.10$ 3.76$ 2.66$ 81.52$ 80.06$ 81.52$ 2 X PER WEEK 115.64$ 5.40$ 1.89% 117.83$ 5.40$ 123.23$ 5.89$ 129.12$ 117.83$ 5.89$ 5.40$ 129.12$ 126.82$ 129.12$ 3 X PER WEEK 144.84$ 8.14$ 1.89% 147.58$ 8.14$ 155.72$ 7.38$ 163.10$ 147.58$ 7.38$ 8.14$ 163.10$ 160.22$ 163.10$ 4 X PER WEEK 159.25$ 10.92$ 1.89% 162.26$ 10.92$ 173.18$ 8.11$ 181.29$ 162.26$ 8.11$ 10.92$ 181.29$ 178.13$ 181.29$ 5 X PER WEEK 186.39$ 13.66$ 1.89% 189.91$ 13.66$ 203.57$ 9.50$ 213.07$ 189.91$ 9.50$ 13.66$ 213.07$ 209.37$ 213.07$ 6 X PER WEEK 215.52$ 16.42$ 1.89% 219.59$ 16.42$ 236.01$ 10.98$ 246.99$ 219.59$ 10.98$ 16.42$ 246.99$ 242.71$ 246.99$ 2 YARD1 X PER WEEK 119.99$ 4.70$ 1.89% 122.26$ 4.70$ 126.96$ 6.11$ 133.07$ 122.26$ 6.11$ 4.70$ 133.07$ 130.69$ 133.07$ 2 X PER WEEK 171.99$ 9.22$ 1.89% 175.24$ 9.22$ 184.46$ 8.76$ 193.22$ 175.24$ 8.76$ 9.22$ 193.22$ 189.81$ 193.22$ 3 X PER WEEK 215.59$ 14.98$ 1.89% 219.66$ 14.98$ 234.64$ 10.98$ 245.63$ 219.66$ 10.98$ 14.98$ 245.63$ 241.35$ 245.63$ 4 X PER WEEK 252.84$ 20.04$ 1.89% 257.62$ 20.04$ 277.66$ 12.88$ 290.54$ 257.62$ 12.88$ 20.04$ 290.54$ 285.52$ 290.54$ 5 X PER WEEK 311.32$ 25.04$ 1.89% 317.20$ 25.04$ 342.24$ 15.86$ 358.10$ 317.20$ 15.86$ 25.04$ 358.10$ 351.93$ 358.10$ 6 X PER WEEK 357.51$ 30.08$ 1.89% 364.27$ 30.08$ 394.35$ 18.21$ 412.56$ 364.27$ 18.21$ 30.08$ 412.56$ 405.47$ 412.56$ 3 YARD1 X PER WEEK 153.37$ 4.71$ 1.89% 156.27$ 4.71$ 160.98$ 7.81$ 168.79$ 156.27$ 7.81$ 4.71$ 168.79$ 165.75$ 168.79$ 2 X PER WEEK 230.99$ 10.50$ 1.89% 235.36$ 10.50$ 245.86$ 11.77$ 257.62$ 235.36$ 11.77$ 10.50$ 257.62$ 253.04$ 257.62$ 3 X PER WEEK 311.28$ 20.54$ 1.89% 317.16$ 20.54$ 337.70$ 15.86$ 353.56$ 317.16$ 15.86$ 20.54$ 353.56$ 347.39$ 353.56$ 4 X PER WEEK 365.63$ 30.14$ 1.89% 372.54$ 30.14$ 402.68$ 18.63$ 421.31$ 372.54$ 18.63$ 30.14$ 421.31$ 414.05$ 421.31$ 5 X PER WEEK 468.17$ 37.68$ 1.89% 477.02$ 37.68$ 514.70$ 23.85$ 538.55$ 477.02$ 23.85$ 37.68$ 538.55$ 529.26$ 538.55$ 6 X PER WEEK 547.37$ 45.22$ 1.89% 557.72$ 45.22$ 602.94$ 27.89$ 630.82$ 557.72$ 27.89$ 45.22$ 630.82$ 619.96$ 630.82$ 3 YARD CONTAINER1X PER WEEK321.03$ -$ 1.89%327.10$ 327.10$ 16.35$ 343.45$ 327.10$ 16.35$ 343.45$ 337.08$ 343.45$ 2X PER WEEK494.00$ -$ 1.89%503.34$ 503.34$ 25.17$ 528.50$ 503.34$ 25.17$ 528.50$ 518.70$ 528.50$ 3X PER WEEK685.49$ -$ 1.89%698.45$ 698.45$ 34.92$ 733.37$ 698.45$ 34.92$ 733.37$ 719.77$ 733.37$ 4X PER WEEK823.76$ -$ 1.89%839.33$ 839.33$ 41.97$ 881.30$ 839.33$ 41.97$ 881.30$ 864.95$ 881.30$ 5X PER WEEK1,051.91$ -$ 1.89%1,071.79$ 1,071.79$ 53.59$ 1,125.38$ 1,071.79$ 53.59$ 1,125.38$ 1,104.50$ 1,125.38$ 6X PER WEEK1,233.53$ -$ 1.89%1,256.84$ 1,256.84$ 62.84$ 1,319.69$ 1,256.84$ 62.84$ 1,319.69$ 1,295.20$ 1,319.69$ Industrial/RAB2017 RateRefuse Percent Change2018 Refuse Rate2018 Refuse Before FF5% Franchise FeeCalculated 2018 Total 2018 Rate2017 Rate2018 Rate40 Yd DOB (4)490.00$ 1.89%499.26$ 499.00$ 24.96$ 524.22$ 524.00$ 490.00$ 499.00$ 8 Yd DOB (4) Lowboy534.00$ 1.89%544.09$ 544.00$ 27.20$ 571.30$ 571.00$ 534.00$ 544.00$ RAB - Weekday63.00$ 1.89%64.19$ 64.00$ 3.21$ 67.40$ 67.00$ 63.00$ 64.00$ RAB - Weekend78.00$ 1.89%79.47$ 79.00$ 3.97$ 83.45$ 83.00$ 78.00$ 79.00$ 40 Yd Compactor (8) Tons620.30$ 1.89%632.02$ 632.02$ 40 Yd Compactor Haul plus Disposal164.94$ 1.89%168.06$ 168.06$ plus disposal of $56.92 per ton40 Yd Compactor Recycling, Haul Only164.94$ 1.89%168.06$ 168.06$ no disposalDry Run Roll Off75.00$ 1.89%76.42$ 76.42$ Overweight58.98$ 1.89%60.09$ 60.09$ per tonExtra Yardage45.00$ 1.89%45.85$ 45.85$ Steam Clean/Deodorize Compactor125.00$ 1.89%127.36$ 127.36$ Recycle Contamination45.00$ 1.89%45.85$ 45.85$ CommercialService RatesCalculated 7/1/182018 Rate CalculationCommercial Service RatesCommercialService RatesCalculated Effective 7/1/18179
AB 341 - MANDATORY COMMERCIAL RECYCLING AB 1826 MANDATORY ORGANICS RECYCLING
CITY OF HUNTINGTON BEACH
SUBMITTED TO CITY ON 05/02/18
SERVICE LEVELS BASE RATE
STATE
RECYCLING
FEE
5% FRAN
FEE RATE
SERVICE
LEVELS BASE RATE
STATE
RECYCLING
FEE
5% FRAN
FEE RATE
1 X PER WEEK 132.83$ -$ 6.64$ 139.47$ 1 X PER WEEK 156.27$ 4.71$ 7.81$ 168.79$
2 X PER WEEK 200.05$ -$ 10.00$ 210.05$ 2 X PER WEEK 235.36$ 10.50$ 11.77$ 257.62$
3 X PER WEEK 269.59$ -$ 13.48$ 283.07$ 3 X PER WEEK 317.16$ 20.54$ 15.86$ 353.56$
4 X PER WEEK 316.66$ -$ 15.83$ 332.49$ 4 X PER WEEK 372.54$ 30.14$ 18.63$ 421.31$
5 X PER WEEK 405.47$ -$ 20.27$ 425.74$ 5 X PER WEEK 477.02$ 37.68$ 23.85$ 538.55$
6 X PER WEEK 474.06$ -$ 23.70$ 497.76$ 6 X PER WEEK 557.72$ 45.22$ 27.89$ 630.82$
1 X PER WEEK 103.92$ -$ 5.20$ 109.12$ 1 X PER WEEK 122.26$ 4.70$ 6.11$ 133.07$
2 X PER WEEK 148.95$ -$ 7.45$ 156.40$ 2 X PER WEEK 175.24$ 9.22$ 8.76$ 193.22$
3 X PER WEEK 186.71$ -$ 9.34$ 196.05$ 3 X PER WEEK 219.66$ 14.98$ 10.98$ 245.63$
4 X PER WEEK 218.98$ -$ 10.95$ 229.92$ 4 X PER WEEK 257.62$ 20.04$ 12.88$ 290.54$
5 X PER WEEK 269.62$ -$ 13.48$ 283.10$ 5 X PER WEEK 317.20$ 25.04$ 15.86$ 358.10$
6 X PER WEEK 309.63$ -$ 15.48$ 325.11$ 6 X PER WEEK 364.27$ 30.08$ 18.21$ 412.56$
1 X PER WEEK 63.84$ -$ 3.19$ 67.03$ 1 X PER WEEK 75.10$ 2.66$ 3.76$ 81.52$
2 X PER WEEK 100.15$ -$ 5.01$ 105.16$ 2 X PER WEEK 117.83$ 5.40$ 5.89$ 129.12$
3 X PER WEEK 125.44$ -$ 6.27$ 131.71$ 3 X PER WEEK 147.58$ 8.14$ 7.38$ 163.10$
4 X PER WEEK 137.92$ -$ 6.90$ 144.82$ 4 X PER WEEK 162.26$ 10.92$ 8.11$ 181.29$
5 X PER WEEK 161.43$ -$ 8.07$ 169.50$ 5 X PER WEEK 189.91$ 13.66$ 9.50$ 213.07$
6 X PER WEEK 186.65$ -$ 9.33$ 195.99$ 6 X PER WEEK 219.59$ 16.42$ 10.98$ 246.99$
160 GALLON
1X PER WEEK 51.23$ -$ 2.56$ 53.80$
2X PER WEEK 80.13$ -$ 4.01$ 84.13$
3X PER WEEK 100.36$ -$ 5.02$ 105.38$
4X PER WEEK 110.34$ -$ 5.52$ 115.86$
5X PER WEEK 129.15$ -$ 6.46$ 135.60$
6X PER WEEK 149.33$ -$ 7.47$ 156.80$
95 GALLON
1X PER WEEK 31.96$ -$ 1.60$ 33.56$
2X PER WEEK 50.08$ -$ 2.50$ 52.58$
3X PER WEEK 62.72$ -$ 3.14$ 65.86$
4X PER WEEK 68.97$ -$ 3.45$ 72.41$
5X PER WEEK 80.71$ -$ 4.04$ 84.75$
6X PER WEEK 93.33$ -$ 4.67$ 98.00$
65 GALLON
1X PER WEEK 22.35$ -$ 1.12$ 23.47$
2X PER WEEK 35.06$ -$ 1.75$ 36.81$
3X PER WEEK 43.92$ -$ 2.20$ 46.11$
4X PER WEEK 48.27$ -$ 2.41$ 50.69$
5X PER WEEK 56.50$ -$ 2.83$ 59.33$
6X PER WEEK 65.33$ -$ 3.27$ 68.60$
1 YARD 1 YARD
SOURCE SEPARATED RECYCLING MIXED WASTE PROCESSING
3 YARD 3 YARD
2 YARD 2 YARD
180
181
182
183
184
185
186
187
188
189
190
COMPARISON OF CURRENT AND NEW RESIDENTIAL REFUSE RATE
Current
Rate to
Residents
2018
Rate to
Residents
Difference
Refuse Collection and Disposal (to Rainbow) 15.97 16.27 0.30
Materials Recovery & Recycling (to Rainbow) 3.00 3.00 0.00
Total Compensation to Rainbow per residential unit per month $18.97 $19.27 $0.30
City Public Education Programs 0.15 0.15 0.00
City Account Services per Resolution 2017-26 $1.45 $1.65 $0.20
Total Charge per Residence per Month $20.27 $21.07 $0.50
191
Residential Trash Rate Increase
The City of Huntington Beach residential trash rate will increase by a maximum
of $0.50 per residence per month, effective July 1, 2018. This increase was
authorized with Resolution 2017-26 adopted by City Council on June 5, 2017.
The new monthly charge for this service will be $21.07 per residence per month.
For billing purposes this equates to a daily rate of $0.6928. Your bill may show a
prorated charge for service provided after July 1.
Contact the Department of Public Works Trash and Recycling office with questions.
714-375-5010
trashinfo@surfcity-hb.org
192
See other side for
important information
about your monthly
trash bill.
Did you know?
You can schedule free bulky item
service 4 times each year, up to
10 items per scheduled service.
Eligible items include furniture,
water heaters, appliances,
mattresses, bagged trash up to
40 lbs., and bundled palm fronds.
Call Republic Services to Schedule
714-847-3581
XXX
XXX
XXX
PRESORT
Standard
U.S. Postage
Paid
Mailed from
Zip Code
92899 Permit #146
193
Standard Service (per month):
Container Size
Collection Frequency per Week
1X 2X 3X 4X 5X 6X
1 yd. bin 81.52 129.12 163.10 181.26 213.07 246.99
2 yd. bin 133.07 193.22 245.63 290.54 358.10 412.56
3 yd. bin 168.79 257.62 353.56 421.31 538.55 630.82
Commercial Source-Separated Recycling Service (per month):
Container Size
Collection Frequency per Week
1X 2X 3X 4X 5X 6X
65-gal cart 23.47 36.81 46.11 50.69 59.33 68.60
95-gal cart 33.56 52.58 65.86 72.41 84.75 98.00
160-gal cart 53.80 84.13 105.38 115.86 135.60 156.80
1 yd. bin 67.03 105.16 131.71 144.82 169.50 195.99
2 yd. bin 109.12 156.40 196.05 229.92 283.10 325.11
3 yd. bin 139.47 210.05 283.07 332.49 425.74 497.76
3 Cubic Yard Compacted Service:
1 x Week 2 x Week 3 x Week 4 x Week 5 x Week 6 x Week
$343.45 $528.50 $733.37 $881.30 $1125.38 $1319.69
40 Cubic Yard Compacted Service:
Service Size Service Rate per Load Disposal
Compactor (8) tons $663.62 included
Compactor, Haul plus Disposal $176.46 plus $56.92 per ton
Compactor, Recycling, Haul Only $176.46 no disposal
Temporary and Miscellaneous Service:
Service Size Service Time Service Rate per Load
3 Cu. Yd. Rent-A-Bin Two (2) days $67.00
3 Cu. Yd. Rent-A-Bin Weekend $83.00
40 Yard Drop Off Box (high, 6 tons) Four (4) days $524.00
8 Yard Drop Off Box (low, 8 tons) Four (4) Days $571.00
Additional Days for 3, 8 and 40 yd per day $15.00
Dry Run Roll Off --- $76.42
Overweight (per ton) --- $60.09
Extra Yardage --- $45.85
Steam Clean/Deodorize Compactor --- $127.36
Recycle Contamination --- $45.85
194
195
196
197
198
199
200
201
202
203
204
205
206
207
208
209
210
211
City of Huntington Beach
Business License P.O. Box 190
714 536-5267 FAX 714 536-5934 Huntington Beach, CA 92648
Gil A. Garcia
Chief Financial Officer
C S G CONSULTANTS INC
550 PILGRAM DRIVE
FOSTER CITY CA 94404
Dear Business Owner:
Thank you for your payment. Attached is your City of Huntington Beach Business License. Please note that approximately
one month prior to the license expiration date, you will be mailed a renewal notice for the coming year. If for any reason your
renewal notice does not arrive, you are still responsible to renew and pay your business license amount prior to the
expiration date. You will incur penalties if this payment is not received by the expiration date.
Please post the business license in public view. If you do not transact business from a fixed location within the city, you
must carry this license with you at all times. Your business vehicle should also carry this license, and the license plate
number of the vehicle(s), if applicable, should match the one on the business license. Please notify Business License if
there are any changes of ownership, address, business name, business vehicle, or type of business conducted.
Additionally, please notify the city if you discontinue your business.
If your business is operated in a commercial, retail, or industrial location, you will need to contact the Planning and Building
Department regarding the requirement for a Certificate of Occupancy. For additional questions or information on this matter
call 714-536-5271. The Planning and Building Department is located on the 3rd floor of City Hall.
There are many resources available to our licensed business people. We have listed a few that might be of interest and
assistance to you.
City of Huntington Beach Economic Development Department - 714-536-5582
Huntington Beach Chamber of Commerce - 714-536-8888
Huntington Beach SCORE (Service Corps of Retired Executives) - 714-550-7369
Fictitious Business Name Information - 714-834-2889
State Board of Equalization (seller's permit information) - 949-440-3473
If you have any questions, please call a Business License representative at 714-536-5267.
City Of Huntington Beach
Business License
POST IN PUBLIC VIEW
Effective Date 06/01/2018
Expiration Date 05/31/2019
License Number A239806Business Name / Service Address
Owner / Corporation
THIS LICENSE IS ONLY FOR THE BUSINESS AND
TYPE SHOWN. IT IS FOR THE PERSON TO WHOM
ISSUED AND IS NON-TRANSFERABLE. RENEWAL IS
DUE ON OR BEFORE THE EXPIRATION DATE.
License Type
Professional / Other Services
Amount Paid
8322SIC
C S G CONSULTANTS INC
$105.25
C S G CONSULTANTS INC
212
Bid Response List
Building Inspection Services
CSG Consultants, Inc
The Code Group, Inc (VCA)
JAS Pacific
Transtech Engineers, Inc.
GSE
Hayer Consultatnts, Inc
Annealta Group
Interwest Consuting Group
Bureau Veritas
J Lee Engineering, Inc
Builders Protection Group, LLC
213
214
215
216
217
218
219
220
221
222
223
224
225
226
227
228
229
230
PUBLIC HEARING
CITY OF HUNTINGTON BEACH
Notice of Public Hearing on the Proposed City Gann Appropriation Limit for Fiscal Year
2018/2019
Notice is hereby given that a public hearing will be held by the City Council of the City of
Huntington Beach, in the Council Chambers of the Civic Center, Huntington Beach located at
2000 Main Street, at the hour of 6:00 PM, or as soon as possible thereafter on Monday, the 18th
day of June 2018, for the purpose of considering the Gann Appropriation Limit for Fiscal Year
2018/2019.
The Gann Appropriation Limit for Fiscal Year 2018/2019 totals $921,344,622. The Gann
Appropriation Limit calculation for Fiscal Year 2018/2019may be reviewed by the public from 8:00
AM to 5:00 PM, Monday through Friday in the City Clerk’s Office at City Hall, 2000 Main Street,
second floor; the City’s Central Library located at 7111 Talbert Avenue; and all branch libraries.
All interested persons are invited to attend to express their opinions for, or against, the proposed
Gann Appropriation Limit revisions with written or oral comments. Written communications to the
City Council should be mailed to the Office of the City Clerk at the address below. Further
information may be obtained from the Finance Department, 2000 Main Street, Huntington Beach,
CA, 92648-2702 or by telephone (714) 536-5630.
The City of Huntington Beach endeavors to accommodate persons of handicapped status in the
admission or access to, or treatment or employment in, city programs or activities. The City of
Huntington Beach is an equal opportunity employer.
Dated: May 24, 2018 City of Huntington Beach
May 31, 2018 By: Robin Estanislau, City Clerk
2000 Main Street
Huntington Beach, CA 92648-2702
Telephone: (714) 536-5405
** Notice to City Clerk ** this copy to run twice in newsprint no later than 19 days prior to the
Council Meeting date. Run in both display format and in legal
section.
231
232
233
234
235
236
237
238
1
Ursula Luna-Reynosa Employment Agreement-2018
EMPLOYMENT AGREEMENT BETWEEN
THE CITY OF HUNTINGTON BEACH AND URSULA LUNA-REYNOSA
THIS AGREEMENT is entered into this _____ day of _____________, 2018, between
the City of Huntington Beach, a California municipal corporation, hereinafter "City," and Ursula
Luna-Reynosa, hereinafter "Luna-Reynosa."
WITNESSETH
The City Manager has been empowered to appoint and remove department heads; and
The City, through the City Manager, desires to employ the services of Luna-Reynosa as
the, head of the Community Development Department as the Community Development Director,
of the City of Huntington Beach; and
The City seeks to provide certain benefits, establish certain conditions of employment, and
to set working conditions of Luna-Reynosa; and
The City intends to:
(1) Secure, retain and employ the services of Luna-Reynosa: and
(2) To provide a means for terminating Luna-Reynosa's service; and
(3) Luna-Reynosa intends to accept employment as Community Development
Director of the City;
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the
parties agree as follows:
SECTION 1. DUTIES.
The City agrees to employ Luna-Reynosaas Community Development Directorof the City
to perform the functions and duties of that office as set forth in the Municipal Code of the City of
Huntington Beach and the City Charter, and to perform other duties and functions as the City
239
2
Ursula Luna-Reynosa Employment Agreement-2018
Manager shall from time to time assign. Luna-Reynosa shall devote her full attention and effort
to the office and perform the mentioned duties and functions in a professional manner.
SECTION 2. STATUS AND TERM.
(a) Luna-Reynosa shall serve for an indefinite term at the pleasure of the City Manager
and shall be considered an at-will employee of the City.
(b) Nothing in this Agreement shall prevent, limit or otherwise interfere with the right
of the City Manager to terminate the employment of Luna-Reynosa at any time, subject only to
the provisions set forth in Section 6, subparagraphs (a), (b) and (c) of this Agreement, and Section
401 of the Charter of the City of Huntington Beach.
(c) Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right
of Luna-Reynosa to resign at any time from her position with the City, subject only to the
provisions set forth in Section 6, subparagraph (d), of this Agreement.
(d) Luna-Reynosa agrees to remain in the exclusive employ of City for an indefinite
period of time and shall neither accept other employment or become employed by any other
employer without the prior written approval of the City Manager until notice of Luna-Reynosa’s
resignation is given.
The term "employed" (and derivations of that term as used in the preceding paragraph)
shall include employment by another legal entity or self-employment, however, shall not be
construed to include occasional teaching, writing, consulting, or military reserve service performed
on Luna-Reynosa's time off, and with the advance approval of the City Manager.
SECTION 3. SALARY.
City agrees to pay Luna-Reynosa for her services rendered pursuant to this Agreement at
Range NA0589, High Point/Step E ($100.13/hourly) of the City's classification and compensation
plan or Resolutions or Ordinances from time to time enacted that govern such compensation.
240
3
Ursula Luna-Reynosa Employment Agreement-2018
SECTION 4. OTHER BENEFITS.
In addition to the foregoing benefits, Luna-Reynosa shall also receive all such other
benefits that are generally applicable to non-associated employees (Department Heads) hired after
12/27/97, as set forth in Huntington Beach City Council Resolution No. 2016-50, entitled "A
Resolution Of The City Council Of The City Of Huntington Beach Modifying Salary And Benefits
For Non-Represented Employees Including The Elected City Attorney, City Clerk, And City
Treasurer”,a copy of which is attached hereto as Exhibit "A" and incorporated by reference as
fully set forth herein. Luna-Reynosa shall also be eligible for a cell-phone stipend (Smartphone)
in the amount of $50.00 per month, paid bi-weekly. The benefits provided to Luna-Reynosa
pursuant to this Section may be modified by the City from time to time, upon adoption of a
successor Resolution.
SECTION 5. ADMINISTRATIVE LEAVE.
The City Manager may place Luna-Reynosa on Administrative Leave with full pay and
benefits at any time during the term of this Agreement.
SECTION 6. TERMINATION AND SEVERANCE PAY.
(a) Except as provided in subsection (b), in the event the City Manager terminates the
employment of Luna-Reynosa, and during such time that Luna-Reynosa is willing and able to
perform her duties under this Agreement, then City shall pay to Luna-Reynosa a severance
payment equal to salary payments which Luna-Reynosa would have been receiving over a twelve
week period at Luna-Reynosa's current rate of pay in effect on the day prior to the date of
termination. In addition, for the lesser of ninety (90) calendar days after the date of termination or
the time Luna-Reynosa secures health and medical insurance through comparable employment,
the City shall maintain and pay for health, medical, disability, the continuation of retirement
benefits and life insurance in such amounts and on such terms as have been received by Luna-
241
4
Ursula Luna-Reynosa Employment Agreement-2018
Reynosa and Luna-Reynosa's dependents at the time of such termination; however, no other or
additional benefits shall accrue during this ninety (90) calendar-day period.
(b)(1) Notwithstanding subsection (a) above, the following reasons shall constitute
grounds to terminate the employment of Luna-Reynosa without severance pay:
(i) a willful breach of this agreement or the willful and repeated neglect
by Luna-Reynosa to perform duties that she is required to perform;
(ii) conviction of any criminal act relating to employment with the City;
(iii) conviction of a felony.
(2) Prior to the time that the City Manager terminates Luna-Reynosa without
severance pay for any of the reasons set forth in Section (b)(1) above, and only in that case, the
City Manager shall provide Luna-Reynosa with written notice of proposed termination which will
includethe reason and factual basis for termination. Within ten days of such notice, Luna-Reynosa
may request an opportunity to respond to the reasons and factual basis provided by the City
Manager. If such a request to respond is made, the City Manager shall conduct a meeting, which
may be informal in nature, that Luna-Reynosa may respond to the notice of proposed termination.
At such meeting, Luna-Reynosa may be represented by an attorney of her choice and present
evidence or information relevant to the reasons and factual basis set forth in the notice of proposed
termination. Subsequently, the decision of the City Manager as to whether reasons set forth in
Section (b)(1) exist or do not exist shall be final as between the parties.
(c) In the event the City at any time during the term of this Agreement, reduces the
salary of Luna-Reynosa from its current level, except as part of an across-the-board reduction for
all Directors of City, or in the event City refuses, following written notice, to extend to Luna-
Reynosa any non-salary benefit customarily available to all Directors, or in the event Luna-
Reynosa resigns following a suggestion, whether formal or informal, by the City Manager that she
resign, then, Luna-Reynosa may, at her option, be deemed to be "terminated". The termination
date will occur then at the date of reduction or refusal to extend or such suggestion of resignation
242
5
Ursula Luna-Reynosa Employment Agreement-2018
within the meaning and context of the severance pay provision in subparagraph (a) above; provided
that the option to be deemed terminated is exercised by written notice from Luna-Reynosa and
delivered to the City Manager within ten (10) working days of notification of such reduction,
refusal to extend, or suggestion of resignation. In that event, the severance payment shall be
calculated from the date Luna-Reynosa exercises the option to be deemed terminated.
(d) In the event Luna-Reynosa voluntarily resigns her position, Luna-Reynosa shall
give City written notice at least thirty (30) days prior to the last workday, unless the City Manager
and Luna-Reynosa otherwise agree.
(e) It is understood that after notice of termination in any form, Luna-Reynosa and the
City will cooperate to provide for an orderly transition. Specific responsibilities during such
transition may be specified in a written separation agreement.
SECTION 7. DISABILITY.
If Luna-Reynosa is medically, physically disabled or otherwise unable to perform her
duties because of sickness, accident, injury, mental incapacity or ill health, and has provided proof
of the same from a medical professional, she shall be eligible for Disability Leave upon exhausting
all accrued sick leave, general leave and executive leave, and duty injury leave if applicable.
Disability Leave shall be unpaid and shall be approved by the City Manager for a time period of
up to three (3) months. The length of such time period of the Disability Leave shall be dependent
upon the length of the disability as demonstrated by Luna-Reynosa. If Luna-Reynosa is unable to
return to work at that time, the City shall have the option to terminate the employment of Luna-
Reynosa, subject to the requirements imposed on City by Section 6, paragraph (a).
SECTION 8. PERFORMANCE EVALUATION.
The City Manager shall review and evaluate in writing the performance of Luna-Reynosa
at least once annually. That review and evaluation shall be in accordance with specific criteria
243
6
Ursula Luna-Reynosa Employment Agreement-2018
developed in consultation with Luna-Reynosa and the City Manager. Those criteria may be added
to or subtracted from as the City Manager may from time to time determine, in consultation with
Luna-Reynosa.
SECTION 9. GENERAL AND EXECUTIVE LEAVE
Luna-Reynosa shall accrue General Leave in accordance with the General Leave accrual
provisions applicable to Department Heads of the City as contained in the Non-Associated
Resolution (Exhibit “A”). Luna-Reynosa will be credited 80 hours of Executive Leave upon her
first day of employment. Thereafter, Luna-Reynosa shall be credited 80 hours of Executive Leave
on January 1 of each calendar year. Executive Leave must be used in the same calendar year it is
credited; unused Executive Leave may not be carried forward to the next calendar year or cashed
out at any time. Luna-Reynosa will be credited 100 hours of General Leave upon the first day of
employment. General Leave shall be accrued in accordance with the appropriate provisions of the
Non-Associated Resolution (Exhibit “A”). Luna-Reynosa shall provide the City Manager with
reasonable notice prior to taking two (2) or more General Leave or Executive Leave days off.
SECTION 10. PROFESSIONAL DEVELOPMENT.
The City agrees to budget and pay for Luna-Reynosa's professional memberships as
normally accorded to Department Heads. Luna-Reynosa shall also receive paid leave, plus
registration, travel and reasonable expenses for short courses, conferences and seminars that are
necessary for professional/personal development and, in the judgment of the City Manager, for the
good of the City, and subject to budget limitations and to established travel policies and
procedures.
244
7
Ursula Luna-Reynosa Employment Agreement-2018
SECTION 11. FINANCIAL DISCLOSURE.
Luna-Reynosa shall report to the City Manager any ownership interest in real property
within the County of Orange, excluding personal residence. Luna-Reynosa shall also complete
and file annually, Financial Disclosure 700 Forms. Also, Luna-Reynosa shall report to the City
Manager any financial interest greater than Ten Thousand Dollars ($10,000) in value in a firm
doing work for City or from which City intends to make a purchase. Such reporting shall be made
in writing by Luna-Reynosa to the City Manager within ten (10) calendar days of the execution of
this agreement and within ten (10) calendar days of acquisition of that interest in real property.
Additionally, Luna-Reynosa shall report in writing to the City Manager any financial interest
greater than Ten Thousand Dollars ($10,000) in value in a firm doing work for the City or from
whom the City intends to make a purchase immediately upon notice of the intended work or
purchase.
SECTION 12. INDEMNIFICATION.
The City shall defend and indemnify Luna-Reynosa against actions, including but not limited
to any: tort, professional liability claim or demand, or other non-criminal legal, equitable or
administrative action, arising out of an alleged act or omission occurring in the performance of Luna-
Reynosa during the discharge of her duties as an employee/officer of the City, other than an action
brought by the City against Luna-Reynosa, or an action filed against the City by Luna-Reynosa. The
City shall pay the reasonable expenses for the travel, lodging, meals, and lost work time of Luna-
Reynosa should Luna-Reynosa be subject to such, should an action be pending after termination of
Luna-Reynosa. The City shall be responsible for and have authority to compromise and settle any
action, with prior consultation with Luna-Reynosa, and pay the amount of any settlement or judgment
rendered on that action. Luna-Reynosa shall cooperate fully with the City in the settlement,
compromise, preparation of the defense, or trial of any such action.
245
8
Ursula Luna-Reynosa Employment Agreement-2018
SECTION 13. GENERAL PROVISIONS.
(a) The text herein shall constitute the entire Agreement between the parties.
(b)This Agreement shall become effective commencing July 16, 2018.
(c) If any provision, or any portion of any provision, contained in this Agreement is
held unconstitutional, invalid, or unenforceable, the remainder of this Agreement,
or any portion of it, shall be deemed severable, shall not be affected and shall
remain in full force and effect.
(d) No amendment of this Agreement shall be effective unless in writing and signed by
both parties.
IN WITNESS WHEREOF, City has caused this Agreement to be signed and executed on
its behalf by its City Manager, and Luna-Reynosa has signed and executed this Agreement, both
in duplicate, the day and year first above written.
CITY:LUNA-REYNOSA:
________________________________ ________________________________
City Manager Ursula Luna-Reynosa
APPROVED AS TO FORM:
_______________________________
City Attorney
246
RESOLUTION NO. 2016-50
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
MODIFYING SALARY AND BENEFITS FOR NON-REPRESENTED EMPLOYEES
INCLUDING THE ELECTED CITY ATTORNEY, CITY CLERK, AND CITY TREASURER
WHEREAS, the City Council of the City of Huntington Beach desires to modify the
salary and benefits for Non-Represented Employees upon adoption of this Resolution.
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
resolve as follows:
SECTION 1. Salaries and Benefits for Non-Represented employees shall be as reflected
in Exhibit "A", attached hereto and incorporated by this reference.
SECTION 2. The salary range for the elected City Attorney, City Clerk and City
Treasurer shall be modified as reflected in the Non-Associated Executive Management Salary
Schedule—Exhibit 1.
SECTION 3. Benefits for the elected City Attorney, City Clerk and City Treasurer shall
be as reflected in Exhibit "A", attached hereto and incorporated by this reference.
SECTION 4. Resolution 2007-6, Resolution 2010-106, and Resolution 2014-94 are
hereby repealed.
SECTION 5. Any existing provisions in conflict with the foregoing, whether by minute
action or resolution of the City Council, are hereby repealed.
SECTION 6. All other benefits and salary ranges established and reflected in the Non-
Associated Employees Pay and Benefits Resolution 2016-50, shall continue unless modified by
City Council action.
RLS 6/27/16/16-5325/138993/MV 1
247
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 8"i6day of L.-7-4=e , 2016.
RLS 6/27/16/16-5325/138993/MV 2
248
6 -SOLI-L770,1) .20/e &,‹,6/
NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION
EXHIBIT A - NON-ASSOCIATED EMPLOYEES PAY AND BENEFIT
PROVISION 1
SECTION I PAY 1
A. SALARY SCHEDULE 1
B. DIRECT DEPOSIT 1
C. ASSIGNED VEHICLE/AUTO ALLOWANCE 1
1. Department Heads 1
D. Deferred Compensation 1
SECTION II— HOURS OF WORK/OVERTIME/TIME OFF 1
A. EXECUTIVE LEAVE 1
B. FLEXIBLE AND ALTERNATIVE WORK SCHEDULES 2
1. 5/40 Work Schedule 2
2. 9/80 Work Schedule 2
3. Alternative Work Schedule 2
SECTION III — HEALTH AND OTHER INSURANCE BENEFITS 2
A. HEALTH INSURANCE 2
1. Medical, Dental and Vision Insurance 2
2. City and Employee Paid Health Insurance 2
3. Medical Cash Out 4
4. Section 125 Plan 4
B. LIFE AND ACCIDENTAL DEATH AND DISMEMBERMENT INSURANCE 4
C. LONG-TERM DISABILITY INSURANCE 4
D. CITY-PAID PHYSICAL EXAMINATIONS 5
E. MISCELLANEOUS 5
F. RETIREE MEDICAL COVERAGE FOR RETIREES NOT ELIGIBLE FOR THE CITY MEDICAL
RETIREE SUBSIDY PLAN 5
G. POST-65 SUPPLEMENTAL MEDICARE COVERAGE 6
SECTION IV — RETIREMENT 6
A. BENEFITS 6
1. Self-Funded Supplemental Retirement Benefit 6
2. Medical Insurance for Retirees 6
B. PUBLIC EMPLOYEES' RETIREMENT SYSTEM CONTRIBUTIONS AND REPORTING 7
1. Miscellaneous Unit Members 7
2. Safety Unit Members 7
3. IRS Code 414(h)(2) 8
4. Pre-Retirement Optional Settlement 2 Death Benefit 8
5. Fourth Level of 1959 Survivor Benefits 8
6. VEBA Plan Requirements 8
SECTION V — LEAVE BENEFITS 10
Exhibit "A" to Non-Associated Resolution No. 2016-50
Item 25. - 5 HB -656
249
NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION
A. GENERAL LEAVE 10
1. Accrual 10
2. Eligibility and Approval 10
3. Leave Benefit Entitlements 10
4. Conversion to Cash 10
B. HOLIDAYS AND PAY PROVISIONS 11
C. SICK LEAVE 11
1. Accrual 11
2. Credit 12
3. Usage 12
4. Payoff at Termination 12
D. BEREAVEMENT LEAVE 13
E. VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM 13
SECTION VI — RETIREE SUBSIDY MEDICAL PLAN 13
SECTION VII - MISCELLANEOUS 13
A. COLLECTION OF PAYROLL OVERPAYMENTS 13
B. UNIFORMS AND CALPERS REPORTING 14
EXHIBIT 1 - NON-ASSOCIATED SALARY SCHEDULE 15
EXHIBIT 2 - RETIREE MEDICAL PLAN 16
EXHIBIT 3 - 9/80 WORK SCHEDULE 20
EXHIBIT 4- VOLUNTARY CATASTROPHIC LEAVE DONATION 22
Exhibit "A" to Non-Associated Resolution No. 2016-50 ii
HB 657 Item 25. -6 250
NON-ASSOCIATED EMPLOYEES PAY AND BENEFIT PROVISIONS
EXHIBIT A
SECTION I — PAY
A. Salary Schedule
1. All current Non-Associated employees shall receive the salaries as identified in Exhibit
1.
2. The City Council shall set the salaries of the elected executive management positions
identified in Exhibit 1, at any rate within the designated salary range.
3. The City Manager is authorized to set the salaries of the non-elected executive
management positions identified in Exhibit 1 at any rate at or below the control point of
the designated salary range. The City Manager is authorized to increase the salary by
any percentage not greater than 5% based upon performance at annual review and
market data. However, no salary for a new employee may be set above the control
point at any time without City Council approval.
B. Direct Deposit
All Non-Associated employees are required to utilize direct deposit of payroll checks.
C. Assigned Vehicle/Auto Allowance
1. Department Heads
Appointed Department Heads and the City Clerk, City Treasurer, and City Attorney shall
have the option of an assigned City vehicle or an auto allowance in the amount of two
hundred thirty dollars and seventy-seven cents ($230.77) per bi-weekly pay period plus
reimbursement of out-of-town travel at the approved mileage rate.
D. Deferred Compensation
Effective the beginning of the pay period following City Council approval of this resolution,
each employee covered by this resolution, including the City Attorney, City Clerk and City
Treasurer, shall receive a one-time deposit to the employee's 457 Deferred Compensation
account in the amount of $3,800.00.
1. This shall be a single, one-time only deposit. All appropriate Federal and State legal
mandates regarding the tax-treatment of this one-time deposit shall apply.
SECTION II — HOURS OF WORK/TIME OFF
A. Executive Leave
Non-Associated exempt employees shall not be eligible for overtime compensation.
Exempt department heads shall be credited with eighty (80) hours of executive leave per
calendar year.
Item 25. - 7 "A" to Non-Associated Resolution No. 2016-50
HB -658
251
NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION
B. Flexible and Alternative Work Schedules
1. 5/40 Work Schedule
The 5/40 work schedule shall be defined as working five (5) eight (8) hour days Monday
through Friday each week with a one-hour lunch during each work shift, totaling a forty
(40) hours work week.
2. 9/80 Work Schedule
The 9/80 work schedule, as outlined in Exhibit 3, shall be defined as working nine (9)
days for eighty (80) hours in a two week pay period by working eight (8) days at nine (9)
hours per day and working one (1) day for eight (8) hours (Friday), with a one-hour
lunch during each work shift, totaling forty (40) hours in each FLSA designated work
week. The 9/80 work schedule shall not reduce service to the public, departmental
effectiveness, productivity and/or efficiency as determined by the City Manager or
designee.
3. Alternative Work Schedule
Non-associated employees may elect any alternative work schedule approved by the
City Manager or designee.
SECTION III — HEALTH AND OTHER INSURANCE BENEFITS
A. Health Insurance
1. Medical, Dental and Vision Insurance
The City shall continue to make group medical, dental and vision benefits available to
all Non-Associated employees.
2. City and Employee Paid Health Insurance
The City and the employee shall pay for health insurance premiums for employees and
qualified dependent(s) effective the first of the month following the employee's hire
date. The employee payroll deduction for premium contributions shall be deducted on
a pre-tax basis.
Such deductions shall be aligned with the effective date of coverage and the ending
date of coverage upon employment separation. The employee's payroll deduction
amount shall begin no later than the beginning of the first full pay period following the
effective date of coverage and pro-rated for coverage through the end of the month in
which employment was separated.
Exhibit "A" to Non-Associated Resolution No. 2016-50 HB -659- Item 25. - 8 252
NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION
i. Health Plan Employee and Employer Contributions Chart for Non-Safety
Classifications in EXHIBIT 1
City of Huntington Beach
2016 Health Premiums and Contributions
Effective pay period following final City Council approval
Non -Associated/Non -Safety
Plan IJ Tier Mo thly
Pre p m ium
Employer
Monthly
Contribution
Employee
Monthly
Contribution
Employee
Bi-Weekly
Contribution
Kaiser
Single 466.65 466.65 0.00 0.00
Two-Party 1,022.11 974.36 47.75 22.04
Family 1,343.90 1,170.04 173.86 80.24
Blue Shield HMO
Single 671.00 640.76 30.24 13.96
Two-Party 1,466.00 974.36 491.64 226.91
Family 1,896.00 1,170.04 725.96 335.06
Blue Shield PPO
Single 736.00 736.00 0.00 0.00
Two-Party 1,555.00 1,135.78 419.22 193.49
Family 1,927.00 1,314.31 612.69 282.78
Delta Dental PPO
Single 58.10 45.02 13.08 6.04
Two-Party 108.60 85.91 22.69 10.47
Family 143.20 122.18 21.02 9.70
Delta Care HMO
Single 30.11 30.11 0.00 0.00
Two-Party 51.19 51.19 0.00 0.00
Family 78.29 78.29 0.00 0.00
VSP Vision
Single 25.12 0.00 25.12 11.59
Two-Party 25.12 0.00 25.12 11.59
Family 25.12 0.00 25.12 11.59
Medical Opt-Out: $466.65 per month ($215.38 bi-weekly)
ii. "Safety Member" Health Premiums - Employer Contribution
Employees that are classified as "safety member" by the California Public Employees'
Retirement System (CalPERS) may have access to the medical plans offered by
CalPERS as contracted by the City. In accordance with eligibility provisions, the
Police Chief and the Fire Chief may elect to enroll in the CalPERS health insurance
program offered by the City.
The City's maximum monthly employer contributions for the CalPERS health
insurance program is set forth in the current City of Huntington Beach Non-
Associated Safety Health Premiums and Contributions Chart. The amounts listed
therein include the mandated Public Employees' Medical and Hospital Care Act
(PEMHCA) contribution.
Item 25. - 9 "A" to Non-Associated Resolution No. 2016-50 1113 -660
253
NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION
iii. Employees shall not be entitled to the difference between the employer contribution
and the premiums for insurance plan(s) selected by the employee.
iv. Future Premiums
The City "caps" its contributions toward monthly group medical, dental and vision
plan premiums by category (EE, EE + 1, and EE + 2 or more) as outlined in sections
i and ii above.
The City agrees to increase the contribution toward monthly group medical by $200
per plan, per tier, effective following City Council approval of this resolution.
The employee and employer contributions rates set forth in sections i and ii above
shall remain in effect in 2017 and beyond unless otherwise modified by a successor
Non-Associated Resolution. Employee and City Contributions subject to change as
a result of City Council approval.
The City's contribution caps for dental and vision in effect as of August 1, 2014 shall
not be increased.
The City's contribution caps will remain in place, even if premium increases result in
these additional costs being borne by the employee.
3. Medical Cash Out
If an employee is covered by a medical program outside of a City-provided program
(evidence of which must be supplied to Human Resources), the employee may elect to
discontinue City medical coverage and receive the monthly value of the City's
contribution to the lowest cost employee-only medical plan paid bi-weekly.
4. Section 125 Plan
Employees shall be eligible to participate in a City-approved Section 125 Flexible
Spending Account Plan the same as all other eligible employees, as provided by IRS
law. This plan allows employees to use pre-tax salary to pay for regular childcare,
adult dependent care and/or medical expenses.
B. Life and Accidental Death and Dismemberment Insurance
Each Non-Associated employee shall be provided with $50,000 life insurance and $50,000
accidental death and dismemberment insurance paid for by the City. Each employee shall
have the option, at his/her own expense, to purchase additional amounts of life insurance and
accidental death and dismemberment insurance to the extent provided by the City's current
providers. Evidence of insurability is contingent upon total participation in additional amounts.
C. Long-Term Disability Insurance
This program provides benefits for each incident of illness or injury after a waiting period of
thirty (30) calendar days during which the Non-Associated employee may use accumulated sick
leave, general leave, executive leave pay. Subsequent to the thirty-(30) day waiting period, the
employee will be covered by an insurance plan paid for by the City providing sixty-six and two-
thirds percent (66 2/3%) of the first $12,500 of the employee's basic monthly earnings up to a
maximum monthly benefit of $8,332.50. The maximum benefit period for disability due to injury
or illness shall be to age sixty-five (65).
Exhibit "A" to Non-Associated Resolution No. 2016-50 HB -661- Item 25. - 10 254
NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION
Days and months refer to calendar days and months. Benefits under the plan are integrated
with sick leave, Worker's Compensation, Social Security and other non-private program
benefits to which the employee may be entitled. Disability is defined as: "The inability to
perform all of the duties of regular occupation during two years and thereafter the inability to
engage in any employment or occupation, for which he/she is fitted by reason of education,
training or experience." Rehabilitation benefits are provided in the event the individual, due to
disability, must engage in other occupation. Survivor's benefits continue the plan payment for
three (3) months beyond death. A copy of the plan is on file in the Human Resources
Department.
D. City-Paid Physical Examinations
Non-Associated employees shall be provided, once every two years, with a City-paid physical
examination comparable to the current pre-placement class physical examination or reimbursed
the amount authorized for said physical examination. No more than one-half of the eligible
employees shall receive examinations in any one fiscal year. Said exam shall be
comprehensive in nature and shall include:
1. A complete medical history, physical exam and review of results by physician.
2. Health testing including vision, hearing, breathing, chest x-ray and stress EKG.
3. Laboratory test including standard chemical test, blood count, HDL, urinalysis and stool
test for blood.
E. Miscellaneous
When a Non-Associated employee is on a leave of absence without pay for reason of medical
disability, the City shall maintain the City-paid insurance premiums during the period the
employee is in a non-pay status for the length of said leave, not to exceed twenty-four (24)
months.
F. Retiree Medical Coverage for Retirees Not Eligible for the City Medical Retiree Subsidy Plan
Employees who retire from the City after January 1, 2004, and are granted a retirement
allowance by the California Public Employees' Retirement System and are not eligible for the
City's Retiree Subsidy Medical Plan may choose to participate in City-sponsored medical
insurance plans until the first of the month in which they turn age sixty-five (65).
The retiree shall pay the full premium for City-sponsored medical insurance for themselves
and/or qualified dependents without any City subsidy.
Employees who retire from the City and receive a retirement allowance from the California
Public Employees' Retirement System and are not eligible for the City's Retiree Subsidy
Medical Plan and choose not to participate in City-sponsored medical insurance upon
retirement permanently lose eligibility for this insurance.
However, if a retiree who is not eligible for the City's Retiree Subsidy Medical Plan chooses not
to participate in City-sponsored medical insurance plans because the retiree has access to
other group medical insurance, and subsequently loses eligibility for that group medical
insurance, the retiree and their qualified dependents will have access to City-sponsored
medical insurance plans reinstated.
Item 25. -
"to Non-Associated Resolution No. 2016-50 HB -662
255
NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION
Eligibility for Retiree Medical Coverage terminates the first of the month in which the retiree or
qualified dependent turns age sixty-five (65).
G. Post-65 Supplemental Medicare Coverage
Retirees who are participating in the Retiree Subsidy Medical Plan as of January 1, 2004 and
all future retirees who meet the criteria to participate in City-sponsored medical insurance, with
or without the Retiree Medical Subsidy Plan, may participate in City-sponsored medical
insurance plans that are supplemental to Medicare, after a contract is in place between the City
and a health insurance provider.
A retiree or qualified dependent must choose to participate in City-sponsored medical insurance
plans that are supplemental to Medicare beginning the first of the month in which the retiree or
qualified dependent turns age sixty-five (65).
The retiree shall pay the full premium to participate in City-sponsored medical insurance plans
that are supplemental to Medicare for themselves or qualified dependents without any City
subsidy.
Retirees or qualified dependents, upon turning age 65, who choose not to participate in the
City-sponsored medical insurance plans that are supplemental to Medicare permanently lose
eligibility for t this insurance.
SECTION IV — RETIREMENT
A. Benefits
1. Self-Funded Supplemental Retirement Benefit
In the event a Non-Associated employee member elects Option #1, #2, #2W, #3, #3W or
#4 of the Public Employees' Retirement law, the City shall pay the difference between
such elected option and the unmodified allowance which the member would have
received for his or her life alone as provided in California Government Code sections
21455, 21456, 21457, and 21548 as said referenced Government Code sections exist as
of the date of this agreement. This payment shall be made only to the member (Non-
Associated employee), shall be payable by the City during the life of the member, and
upon that member's death, the City's obligation shall cease. Unless previously excluded
by employment or resolution, eligibility for this benefit is limited to employees hired before
December 27, 1997.
2. Medical Insurance for Retirees
a. Upon retirement, whether service or disability connected, each Non Associated
employee shall be entitled to cause self, spouse and dependents to participate fully
in the City's group health insurance program at the equivalent of the City's group
premium rate in accordance with the provisions specified by Consolidated Omnibus
Budget Reconciliation Act of 1985 (COBRA). Such participation shall be at
employee's expense and upon terms, conditions and restrictions currently in effect.
Exhibit "A" to Non-Associated Resolution No. 2016-50 HB 663 Item 25. - 12 256
NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION
b. As an alternative to the benefit described in paragraph IV.A.2.a above, the City will
provide a financial contribution towards the cost of retiree medical premiums as
described in Section VI.
B. Public Employees' Retirement System Contributions and Reporting
1. Miscellaneous Members
a. The City shall provide all miscellaneous employees described as "classic members
by the Public Employees' Pension Reform Act of 2013 — "PEPRA" with that certain
retirement program commonly known and described as the "2.5% at age 55 plan"
which is based on the retirement formula as set forth in the California Public
Employees' Retirement System (CalPERS), Section 21354 of the California
Government Code.
b. Miscellaneous bargaining unit "classic members" shall pay to CalPERS as part of
the required member retirement contribution eight percent (8%) of pensionable
income. This provision shall not sunset.
c. The City shall contract with CalPERS to have retirement benefits calculated based
upon the "classic" employee's highest one year's compensation, pursuant to the
provisions of Section 20042 (highest single year).
d. The obligations of the City and the retirement rights of employees as provided in this
Article shall survive the term of this resolution.
e. For "New" Members within the meaning of the California Public Employees' Pension
Reform Act of 2013.
1) New Members shall be governed by the two percent at age 62 (2% @ 62)
retirement formula set forth in Government Code section 7522.20.
2) Final compensation will be based on the highest annual average compensation
earnable during the 36 consecutive months immediately preceding the effective
date of his or her retirement, or some other 36 consecutive month period
designated by the member.
3) Effective January 1, 2013, "new" members as defined by PEPRA and
determined by CalPERS, shall contribute one half (50%) of the normal cost as
established by CalPERS.
2. Safety Members
a. The City shall provide all safety employees described as "classic" members by the
Public Employees' Pension Reform Act of 2013 — "PEPRA" with that certain
retirement program commonly known and described as the "3% at age 50 plan"
which is based on the retirement formula as set forth in the California Public
Employees' Retirement System (CalPERS), Section 21362.2 of the California
Government Code.
Item 25. - 13 "to Non-Associated Resolution No. 2016-50 HB -664
257
NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION
b. All safety employees described as "classic" members shall pay to CalPERS as part
of the required member retirement contribution nine percent (9%) of pensionable
income. This provision shall not sunset.
c. The City shall contract with CalPERS to have retirement benefits calculated based
upon the "classic" employee's highest one year's compensation, pursuant to the
provisions of Section 20042 (highest single year).
d. The obligations of the City and the retirement rights of employees as provided in this
Article shall survive the term of this resolution.
e. For "New" Members within the meaning of the California Public Employees' Pension
Reform Act of 2013.
1) New Members shall be governed by the two and seven tenths percent at age
57 (2.7% @ 57) retirement formula set forth in Government Code section
7522.25(d)
2) Final compensation will be based on the highest annual average compensation
earnable during the 36 consecutive months immediately preceding the effective
date of retirement, or some other 36 consecutive month period designated by
the member.
3) Effective January 1, 2013, "new" members as defined by PEPRA and
determined by CalPERS, shall contribute one half (50%) of the normal cost, as
established by CalPERS.
3. IRS Code Section 414(h)(2)
The City has adopted the CalPERS Resolution in accordance with IRS Code section
414(h)(2) to ensure that both the employee contribution and the City pickup of the
required member contribution are made on a pre-tax basis. However, ultimately, the tax
status of any benefit is determined by the law.
4. Pre-Retirement Optional Settlement 2 Death Benefit
Non-Associated employees shall be covered by the Pre-Retirement Optional Settlement
2 Death Benefit as identified in Section 21548 of the California Government Code when
approved by the City Council.
5. Fourth Level of 1959 Survivor Benefits
Non-Associated employees shall be covered by the Fourth Level of the 1959 Survivor
Benefit as identified in Section 21574 of the California Government Code.
6. VEBA Plan Requirements
a. Eligibility Defined
Effective December 23, 2009, all eligible Unrepresented Management Employees
with 25 years of continuous service to the City of Huntington Beach will participate in
the Plan. An eligible employee is an employee who works twenty (20) or more
hours per week and receives benefits.
Exhibit "A" to Non-Associated Resolution No. 2016-50 HI3 -665- Item 25. - 14 258
NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION
b. Employee Contributions
c. Leave Payout
Each eligible unrepresented management employee shall designate all leave
payouts to be rolled over to his/her VEBA Plan account based on the established
range upon separation from City employment.
d. Participant Account
A separate account is maintained for each contributing eligible unrepresented
management employee, which documents the employee's contributions and
disbursements. Contributions to a VEBA plan account as well as any disbursements
to cover nonreimbursed, post-tax medical care expenses are both tax free. Eligible
benefits subject to reimbursement by the Plan shall be limited to long-term care
expenses and nonreimbursed medical premiums, co-pays, prescribed drug
expenses and other medical care costs as that term is defined by the Internal
Revenue Code Section 213.
e. Administrative Fees
Any Plan administrative fees will be deducted from interest on the total Plan
investments.
An eligible unrepresented management employee's Plan account is subject to a
monthly administrative fee for expenses related to recordkeeping, claims
processing, and claims reimbursement. The fee will first be deducted from interest
on total plan investments, and then deducted, if necessary, from the employee's
individual account.
f. Dispute Resolution
This Resolution and any disputes arising under or in connection with this Resolution
shall not be subject to any dispute resolution procedures in the City's Personnel
Rules, nor shall this Resolution and any such dispute relating thereto be subject to
the jurisdiction of the City's Personnel Board for any reason whatsoever.
g. Indemnification
All Unrepresented Management Employees agree to indemnify and hold the City of
Huntington Beach harmless against any claims made of any nature and against any
suit instituted against the City arising from this Resolution, including, but not limited
to, claims arising from an employee's participation in VEBA or from any salary
reduction initiated by the City for VEBA contributions.
Item 25. - 15 ." to Non-Associated Resolution No. 2016-50 HB -666
259
NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION
SECTION V — LEAVE BENEFITS
A. General Leave
1. Accrual
Employees will accrue General Leave at the accrual rates outlined below. General leave
may be used for any purpose, including vacation, sick leave, and personal leave.
General leave for non-associated employees shall be accrued as follows:
Years of Service Annual General Leave
Allowance
Biweekly General Leave
Allowance
First through Fourth Year 176 hours 6.77
Fifth through Ninth Year 200 hours 7.69
Tenth through Fourteenth Year 224 hours 8.62
Fifteenth Year and Thereafter 256 hours 9.85
2. Eligibility and Approval
General leave must be pre-approved except for illness, injury or family sickness, which
may require a physician's statement for approval. General leave accrued time is to be
computed from hiring date anniversary. Employees shall not be permitted to take general
leave in excess of actual time earned. Employees shall not accrue general leave in
excess of six hundred forty (640) hours. Employees may not use their general leave to
advance their separation date on retirement or other separation from employment.
3. Leave Benefit Entitlements
The City shall comply with all State and Federal leave benefit entitlement laws. An
eligible employee on an approved leave shall be allowed to use applicable earned Sick
Leave, General Leave, or Executive Leave for family or personal health issues. For
more information on employee leave options contact the Human Resources Department.
4. Conversion to Cash
a. Pay Off at Termination
An employee shall be paid for unused general leave upon termination of
employment at which time such terminating employee shall receive compensation at
their current salary rate for all unused, earned general leave to which they are
entitled up to and including the effective date of their termination.
b. Conversion to Cash
Two times during each fiscal year, each permanent employee shall have the option
to convert into a cash payment or deferred compensation up to a total of one
hundred-twenty (120) general leave benefit hours per fiscal year. The employee
shall give payroll two (2) weeks advance notice of their decision to exercise such
option.
Exhibit "A" to Non-Associated Resolution No. 2016-50 HB -667 Item 25. -16 260
NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION
c. One Week Minimum Vacation Requirement
The City Manager may require certain positions which handle money or transfer
funds to take a minimum of one week, (i.e., five consecutive work days) paid
vacation each calendar year.
d. Deferred Compensation Contribution at Time of Separation
The value of any unused earned leave benefits may be transferred to deferred
compensation at separation (including retirement), but only during the time that the
employee is actively employed with the City. The latest opportunity for such transfer
must be the beginning of the pay period prior to the employee's last day of
employment.
B. Holidays and Pay Provisions
1. Non-Associated employees shall receive the following legal holidays as of the first pay
period following adoption of the Non-Associated Resolution paid in full per the
employee's regularly scheduled work shift:
(1) New Year's Day (January 1)
(2) Martin Luther King Day (third Monday in January)
(3) Presidents Day (third Monday in February)
(4) Memorial Day (last Monday in May)
(5) Independence Day (July 4)
(6) Labor Day (first Monday in September)
(7) Veteran's Day (November 11)
(8) Thanksgiving Day (fourth Thursday in November)
(9) The Friday after Thanksgiving
(10) Christmas Day (December 25)
2. Any day declared by the President of the United States to be a national holiday or by the
Governor of the State of California to be a state holiday and adopted as an employee
holiday by the City Council of the City of Huntington Beach.
3. For Civic Center holiday closure purposes, holidays which fall on Sunday shall be
observed the following Monday, and those falling on Saturday shall be observed the
preceding Friday.
C. Sick Leave
1. Accrual
No employee shall accrue sick leave.
Item 25. - 17," to Non-Associated Resolution No. 2016-50 HB -668
261
NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION
2. Credit
Employees assigned to Non-Associated shall carry forward their sick leave balance and
shall no longer accrue sick leave credit.
3. Usage
Employees may use accrued sick leave for the same purposes for which it was used
prior to December 25, 1999. Sick leave shall not be used to extend absences due to
work related (industrial) injuries or illnesses, this provision shall be added to Personnel
Rule 18.10.
4. Payoff at Termination
a. Non Associated employees with continuous service with the City since November
20, 1978, shall be entitled to the following sick leave payoff plan:
At involuntary termination by reason of disability, or by death, or by retirement,
employees shall be compensated at their then current rate of pay for seventy-five
percent (75%) of all unused sick leave accumulated as of July 1, 1972, plus fifty
percent (50%) of unused sick leave accumulated subsequent to July 1, 1972, up to a
maximum of seven hundred and twenty hours (720) of unused, accumulated sick
leave, except as provided in paragraph V.C.5.d below.
Upon termination for any other reason, employees shall be compensated at their
then current rate of pay for fifty percent (50%) of all unused accumulated sick leave,
up to a maximum of 720 hours of such accumulated sick leave.
b. Non-Associated employees hired after November 20, 1978 shall be entitled to the
following sick leave payoff plan:
Upon termination, all employees shall be paid, at their then current salary rate, for
twenty-five percent (25%) of unused, earned sick leave to 480 hours accrued, and
for thirty-five percent (35%) of all unused, earned sick leave in excess of 480 hours,
but not to exceed 720 hours, except as provided in paragraph V.C.2.c below.
c. Except as provided in paragraph V.C.5.d below, no Non-Associated employee shall
be paid at termination for more than 720 hours of unused, accumulated sick lave.
However, employees may utilize accumulated sick leave on the basis of "last in, first
out," meaning that sick leave accumulated in excess of the maximum for payoff may
be utilized first for sick leave, as defined in Personnel Rule 18-8.
d. Non-Associated employees who had unused, accumulated sick leave in excess of
720 hours as of July 5, 1980, shall be compensated for such excess sick leave
remaining on termination under the formulas described in paragraphs V.C.5.a and b
above. In no event shall any employee be compensated upon termination for any
accumulated sick leave in excess of the "cap" established by this paragraph (i.e.,
720 hours plus the amount over 720 hours existing on July 5, 1980). Employees
may continue to utilize sick leave accrued after that date in excess of such "cap" on
a "last in, first out" basis. To the extent that any such "capped" amount of excess
sick leave over 720 hours is utilized, the maximum compensable amount shall be
correspondingly reduced. (Example: Employee had 1,000 hours accumulated. Six
months after July 5, 1980, employee had accumulated another 48 hours. Employee
Exhibit "A" to Non-Associated Resolution No. 2016-50 HB 669- Item 25. - 18 262
NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION
is then sick for 120 hours. Employee's maximum sick leave "cap" for compensation
at termination is now reduced by 72 hours to 928.)
D. Bereavement Leave
Employees shall be entitled to bereavement leave not to exceed twenty-four (24) hours in
each instance of death in the immediate family. Immediate family is defined as father,
mother, sister, brother, spouse, children, grandfather, grandmother, stepfather, stepmother,
step grandfather, step grandmother, grandchildren, stepsisters, stepbrothers, mother-in-law,
father-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepchildren, or
wards of which the employee is the legal guardian.
E. Voluntary Catastrophic Leave Donation Program
Under certain conditions, an employee may donate leave time to another employee in need.
The program is outlined in Exhibit 4.
SECTION VI — RETIREE SUBSIDY MEDICAL PLAN
An employee who has retired from the City shall be entitled to participate in the City-sponsored
medical insurance plans in accordance with the Retiree Subsidy Medical Plan as outlined in
Exhibit 2. Employees hired on or after December 1, 2009, shall not be eligible for this benefit.
SECTION VII — MISCELLANEOUS
A. Collection of Payroll Overpayments
In the event that a payroll overpayment is discovered and verified, and considering all
reasonable factors including the length of time that the overpayment was made and if and when
the employee could have reasonably known about such overpayment, the City shall take action
to collect from the employee the amount of overpayment(s). Such collection shall be processed
by payroll deduction over a reasonable period of time considering the total amount of
overpayment.
In the event the employee separates from employment during the collection period, the final
amount shall be deducted from the last payroll check of the employee. If applicable, the
balance due from the employee shall be communicated upon employment separation if the last
payroll check does not sufficiently cover the amount due the City.
It shall be the responsibility of the employee and the City to periodically monitor the accuracy of
compensation payments or reimbursements due to the possibility of a clerical oversight or error.
The City reserves the right to also collect compensation overpayments caused by or the result
of misinterpretation of a pay provision by non-authorized personnel. The interpretation of all
pay provisions shall be administered by the City Manager or designee and as adopted by the
City Council. Unauthorized compensation payments shall not constitute a past practice
(1/03/05).
Item 25. - 19'
" to Non-Associated Resolution No. 2016-50 HB -670
263
NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION
B. Uniforms and CalPERS Reporting
The City provides uniforms to active duty employees in the classifications of Police Chief and
Fire Chief. These employees are required to wear a standard uniform for appearance,
uniformity, and public recognition purposes.
The City will report to the California Public Employees' Retirement System (CalPERS) the
average annual cost of uniforms as special compensation for each eligible employee in
accordance with Title 2, California Code of Regulations, Section 571(a)(5).
Exhibit "A" to Non-Associated Resolution No. 2016-50 FIB 671- Item 25. -20 264
NON-ASSOCIATED EMPLOYEE PAY AND BENEFIT PROVISIONS
EXHIBIT 1
NON-ASSOCIATED EXECUTIVE MANAGEMENT SALARY SCHEDULE
EFFECTIVE SEPTEMBER 24, 2016 - 2.0% Increase
Job No. Description Pay
Grade
Starting
Point
Control
Point
High
Point
EXECUTIVE MANAGEMENT
0591 City Manager NA0591 NA NA 128.29
DEPARTMENT HEADS
0592 Assistant City Manager NA0592 85.82 95.51 106.32
0009 Director of Building & Safety NA0009 74.64 83.07 92.46
0014 Director of Community Services NA0014 74.64 83.07 92.46
0008 Director of Economic Development NA0008 74.64 83.07 92.46
0574 Director of Human Resources NA0574 74.64 83.07 _ 92.46
0479 Chief Information Officer NA0479 74.64 83.07 92.46
0007 Director of Library Services NA0007 69.94 77.85 86.66
0589 Community Development Director NA0589 80.82 89.97 100.13
0010 Director of Public Works NA0010 80,82 89.97 100.13
0518 Chief Financial Officer NA0518 80.82 89.97 100.13
0015 Fire Chief NA0015 85.82 106.31 95.51
0011 Police Chief NA0011 85.82 95.52 106.31
ELECTED OFFICIALS
0016 City Attorney NA0016 100.18 111.51 124.10
0017 City Clerk NA0017 69.94 77.85 86.66
ELECTED OFFICIALS PART-TIME
0018 City Treasurer - PART-TIME
NA0018 74.64
83.07
92.46
*Annual Salary Not to Exceed $51,812
CONTRACT NON-DEPARTMENT HEAD
Job No. Description Pay
Grade A B C D E
0593 Chief Assistant City Attorney NA0593 71.05 74.96 79.08 83.43 88.01
Historical changes to Non-Associated position titles:
Per Ordinance 3855 adopted on 1/19/10, Building & Safety Department duties were combined with the Planning
Department creating a new position of Director of Planning and Building.
Per Resolution 2010-106 adopted on 12/20/10 the City Treasurer was established as a part-time position.
Per Ordinance 3906 adopted on 2/7/11 amended the title of City Administrator to City Manager.
Per Ordinance 3959 adopted on 10/01/12, the position of Chief Assistant City Attorney was established.
Per Resolution 2012-95 adopted on 12/17/12 the title of Deputy City Manager was changed to Assistant City Manager.
Per Ordinance 4086 adopted 4/18/16: the position of Finance Director was changed to Chief Financial Officer, the Director
of Information Services was changed to Chief Information Officer and the Director of Planning and Building was changed to
Community Development Director.
Item 25. - 21" to Non-Associated Resolution No. 2016-50 HB -672
265
NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION
EXHIBIT 2
RETIREE MEDICAL PLAN
An employee who has retired from the City shall be entitled to participate in the City sponsored
medical insurance plans and the City shall contribute toward monthly premiums for coverage in an
amount as specified in accordance with this Plan, provided:
A. At the time of retirement the employee has a minimum of ten (10) years of continuous full
time City service or is granted an industrial disability retirement; and
B. At the time of retirement, the employee is employed by the City; and
C. Following official separation from the City, the employee is granted a retirement allowance
by the California Public Employees' Retirement System.
The City's obligation to pay the monthly premium as indicated shall be modified downward
or cease during the lifetime of the retiree upon the occurrence of any one of the following:
1 On the first of the month in which a retiree or dependent reaches age 65 or
on the date the retiree or dependent can first apply and become eligible,
automatically or voluntarily, for medical coverage under Medicare (whether or
not such application is made) the City's obligation to pay monthly premiums
may be adjusted downward or eliminated. Benefit coverage at age 65 under
the City's medical plans shall be governed by applicable plan document.
2. In the event of the death of any employee, whether retired or not, the amount
of the retiree medical insurance subsidy benefit which the deceased
employee was receiving at the time of his/her death would be eligible to
receive if he/she were retired at the time of death, shall be paid on behalf of
the spouse or family for a period not to exceed twelve (12) months.
D. Schedule of Benefits
1. Minimum Eligibility for Benefits
With the exception of an industrial disability retirement, eligibility for benefits begins
after an employee has completed ten (10) years of continuous full time service with
the City of Huntington Beach. Said service must be continuous unless prior service
is reinstated at the time of his/her rehire in accordance with the City's Personnel
Rules. Employees hired on or after December 1, 2009 shall not be eligible for this
benefit.
2. Disability Retirees
Industrial disability retirees with less than ten (10) years of service shall receive a
maximum monthly payment toward the premium for health insurance of $121.
Payments shall be in accordance with the stipulations and conditions, which exist for
all retirees. Payment shall not exceed dollar amount, which is equal to the full cost
of premium for employee only.
3. Marital Status — Married retirees eligible for benefits under the Retiree Medical
Subsidy Plan may each receive the benefit earned pursuant to Section 4 —
Exhibit "A" to Non-Associated Resolution No. 2016-50 HB -673- Item 25. - 22 266
NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION
Maximum Monthly Subsidy Payments, whether enrolled individually as the plan
enrollee or whether enrolled as a dependent on any City-sponsored medical plan.
a. In the case where a retiree is married to a City employee (active or retired)
who is not an unrepresented/non-associated employee or retiree, this
provision shall remain applicable.
b. This provision shall apply to State of California registered domestic partners
the same as married spouses.
4. Maximum Monthly Subsidy Payments
Payment amounts may be reduced each month as dependent eligibility ceases due
to death, divorce or loss of dependent child status. However, the amount shall not
be reduced if such reduction would cause insufficient funds needed to pay the full
premium for the employee and the remaining dependents. In the event no reduction
occurs and the remaining benefit premium is not sufficient to pay the premium
amount for the employee and the eligible dependents, said needed excess premium
amount shall be paid by the employee.
All retirees, including those retired as a result of disability whose number of years of
service prior to retirement, exceeds ten (10) years of continuous full time service,
shall be entitled to maximum monthly payment of premiums by the City for each
year of completed City service as follows:
Maximum Monthly Payment
for Retirements After:
Years of Service Subsidy
10 $121
11 136
12 151
13 166
14 181
15 196
16 211
17 226
18 241
19 256
20 271
21 286
22 300
23 315
24 330
25 344
Item 25. - 23' to Non-Associated Resolution No. 2016-50 HB -674
267
NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION
MISCELLANEOUS PROVISIONS
A. Eligibility:
1. The effective start-up date of the Retiree Subsidy Medical Plan for the various
employee groups shall be the first of the month following retirement date.
2. A retiree may change plans, add dependents, etc., during annual open enrollment.
The Human Resources Department shall notify covered retirees of this opportunity
each year.
3. Years of service computed for the Retiree Subsidy Medical Plan are actual years of
completed service with the City of Huntington Beach.
B. Benefits:
1. The Retiree Subsidy Medical Plan includes any medical plan offered by the City to
active and/or retired unrepresented/non-associated employees and retirees.
2. City Plans are the primary payer for active employees age 65 and over, with
Medicare the secondary payer. Retirees age 65 and over have no City Plan options
and are eligible only for Medicare.
3. Premium payments are to be received at least one month in advance of the
coverage period.
C. Subsidies:
1. The subsidy payments will pay for:
a. The Retiree Subsidy Medical Plan.
b. HMO.
c. Part A of Medicare for those retirees not eligible for paid Part A.
2. Subsidy payments will not pay for:
a. Part B Medicare.
b. Any other employee benefit plan.
c. Any other commercially available benefit plan.
d. Medicare supplements
D. Medicare:
1. All persons are eligible for Medicare coverage at age 65. Those with sufficient credit
quarters of Social Security will receive Part A of Medicare at no cost. Those without
sufficient credited quarters are still eligible for Medicare at age 65, but will have to
pay for Part A of Medicare if the individual elects to take Medicare. In all cases, Part
B of Medicare is paid for by the participant.
Exhibit "A" to Non-Associated Resolution No. 2016-50 HB 675- Item 25. - 24 268
NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION
2. When a retiree and his/her spouse are both 65 or over, and neither is eligible for
paid Part A of Medicare, the subsidy shall pay for Part A for each of them or the
maximum subsidy, whichever is less.
3. When a retiree at age 65 is eligible for paid Part A of Medicare and his/her spouse is
not eligible for paid Part A, the spouse shall not receive subsidy. When a retiree at
age 65 is not eligible for paid Part A of Medicare and his/her spouse who is also age
65 is eligible for paid Part A of Medicare, the subsidy shall be for the retiree's Part A
only.
E. Cancellation:
1. For retirees/dependents eligible for paid Part A of Medicare, the following
cancellation provisions apply:
a. Coverage for a retiree under the Retiree Subsidy Medical Plan will be eliminated
on the first day of the month in which the retiree reaches age 65. If such retiree
was covering dependents under the Plan, dependents will be eligible for COBRA
continuation benefits effective as of the retiree's 65th birthday.
b. Dependent coverage will be eliminated upon whichever of the following
occasions comes first:
1) After 36 months of COBRA continuation coverage, or
2) When the covered dependent reaches age 65 in the event such dependent
reaches age 65 prior to the retiree reaching age 65.
c. At age 65 retirees are eligible to make application for Medicare. Upon being
considered "eligible to make application," whether or not application has been
made for Medicare, the Retiree Subsidy Medical Plan will be eliminated.
2. See provisions under "Benefits," "Subsidies," and "Medicare" for those
retirees/dependents not eligible for paid Part A of Medicare.
3. Retiree Subsidy Medical Plan and COBRA participants shall be notified of non-
payment of premium by means of a certified letter from Employee Benefits in
accordance with provisions of the Non-Associated Resolution.
4. A retiree who fails to pay premiums due for coverage and is in arrears for
sixty (60) days shall be terminated from the Plan and shall not have
reinstatement rights.
Item 25. - 25; to Non-Associated Resolution No. 2016-50 HB -676
269
NON-ASSOCIATED EMPLOYEE PAY AND BENEFIT PROVISIONS
EXHIBIT 3 - 9/80 WORK SCHEDULE
This work schedule is known as "9/80". The 9/80 work schedule is designed to be in compliance
with the requirements of the Fair Labor Standards Act (FLSA). In the event that there is a conflict
with the current rules, practices and/or procedures regarding work schedules and leave plans, then
the rules listed below shall govern.
9/80 WORK SCHEDULE DEFINED
The 9/80 work schedule shall be defined as working nine (9) days for eighty (80) hours in a two
week pay period by working eight (8) days at nine (9) hours per day and working one (1) day for
eight (8) hours (Friday), with a one-hour lunch during each work shift, totaling forty (40) hours in
each FLSA work week. The 9/80 work schedule shall not reduce service to the public,
departmental effectiveness, productivity and/or efficiency as determined by the City Manager or
designee.
A Forty (40) Hour FLSA Work Week
The actual FLSA workweek is from Friday at mid-shift (p.m.) to Friday at mid-shift (a.m.).
No employee working the 9/80 work schedule will be able to flex their Friday start time nor
the time they take their lunch break, which will be from 12:00 p.m. to 1:00 p.m. on Fridays.
All employee work shifts will start at 8:00 a.m. on their Friday worked. The start of the
FLSA workweek is 12:00 noon Friday.
B. Two Week Pay Period
The pay period for employees starts Friday mid-shift (p.m.) and continues for fourteen (14)
days until Friday mid-shift (a.m.). During this period, each week is made up of four (4) nine
(9) hour work days (thirty-six (36) hours) and one (1) four (4) hour Friday and those hours
equal forty (40) work hours in each work week (e.g. the Friday is split into four (4) hours for
the a.m. shift, which is charged to work week one and four (4) hours for the p.m. shift, which
is charged to work week two).
C. A/B Schedules
To continue to provide service to the public every Friday, employees are to be divided
between two schedules, known as the "A" schedule and the "B" schedule, based upon the
departmental needs. For identification purposes, the "A" schedule shall be known as the
schedule with a day off on the Friday in the middle of the pay period, or, "off on payday", the
"B" schedule shall have the first Friday (p.m.) and the last Friday (a.m.) off, or "working on
payday". An example is listed below:
AM PM AM PM AM PM
FFSSMTWThFFSSMTWThFF
A Schedule 4 4 - - 9 9 9 9 - - - - 9 9 9 9 4 4
B Schedule - - - - 9 9 9 9 4 4 - - 9 9 9 9 - -
Exhibit "A" to Non-Associated Resolution No. 2016-50 HB -677- Item 25. - 26 270
NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION
D. A/B Schedule Changes
FLSA exempt employees may change A/B schedules at the beginning of any pay period
with supervisor or City Manager approval.
E. Emergencies
All employees on the 9/80 work schedule are subject to be called to work any time to meet
any and all emergencies or unusual conditions which, in the opinion of the City Manager, or
designee may require such service from any of said employees.
LEAVE BENEFITS
When an employee is off on a scheduled workday under the 9/80 work schedule, then nine (9)
hours of eligible leave per workday shall be charged against the employee's leave balance or eight
(8) hours shall be charged if the day off is a Friday. All leaves shall continue under the current
accrual, eligibility, request and approval requirements.
1. General Leave — As stated in the Non-Associated Resolution.
2. Sick Leave — As stated in the Non-Associated Resolution.
3. Executive Leave — As stated in the Non-Associated Resolution.
4. Bereavement Leave — As stated in the Non-Associated Resolution.
5. Holidays - As stated in the Non-Associated Resolution.
6. Jury Duty — The provisions of the Personnel Rules shall continue to apply, however, if an
FLSA exempt employee is called to serve on jury duty during a normal Friday off, Saturday,
or Sunday, or on a City holiday, then the jury duty shall be considered the same as having
occurred during the employees day off work, therefore, the employee will receive no added
compensation.
Item 25. - 27' to Non-Associated Resolution No. 2016-50 HB -678
271
NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION
EXHIBIT 4- VOLUNTARY CATASTROPHIC LEAVE DONATION
Guidelines
1. Purpose
The purpose of the voluntary catastrophic leave donation program is to bridge employees
who have been approved leave time to either return to work, long-term disability, or medical
retirement. Permanent employees who accrue vacation, general leave or compensatory
time may donate such leave to another permanent employee when a catastrophic illness or
injury befalls that employee or because the employee is needed to care for a seriously ill
family member. The leave-sharing Leave Donation Program is Citywide across all
departments and is intended to provide an additional benefit. Nothing in this program is
intended to change current policy and practice for use and/or accrual of vacation, general,
or sick leave.
2. Definitions
Catastrophic Illness or Injury - A serious debilitating illness or injury, which incapacitates the
employee or an employee's family member.
Family Member - For the purposes of this policy, the definition of family member is that
defined in the Family Medical Leave Act (child, parent, spouse or domestic partner).
3. Eligible Leave
Accrued compensatory, vacation or general leave hours may be donated. The minimum
donation an employee may make is two (2) hours and the maximum is forty (40) hours.
4. Eligibility
Permanent employees who accrue vacation or general leave may donate such hours to
eligible recipients. Compensatory time accrued may also be donated. An eligible recipient
is an employee who:
• Accrues vacation or general leave;
• Is not receiving disability benefits or Workers' Compensation payments; and
• Requests donated leave.
5. Transfer of Leave
The maximum donation credited to a recipient's leave account shall be the amount
necessary to ensure continuation of the employee's regular salary during the employee's
period of approved catastrophic leave. Donations will be voluntary, confidential and
irrevocable. Hours donated will be converted into a dollar amount based on the hourly
wage of the donor. The dollar amount will then be converted into accrued hours based on
the recipient's hourly wage.
An employee needing leave will complete a Leave Donation Request Form and submit it to
the Department Director for approval. The Department Director will forward the form to
Human Resources for processing. Human Resources, working with the department, will
send out the request for leave donations.
Exhibit "A" to Non-Associated Resolution No. 2016-50 HB 679- Item 25. -28 272
NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION
Employees wanting to make donations will submit a Leave Donation Form to the Finance
Department (payroll).
All donation forms submitted to payroll will be date stamped and used in order received for
each bi-weekly pay period. Multiple donations will be rotated in order to insure even use of
time from donors. Any donation form submitted that is not needed will be returned to the
donor.
6. Other
Please contact the Human Resources Department with questions regarding employee
participation in this program.
Item 25.- 29" to Non-Associated Resolution No. 2016-50 HB -680
273
End donation date will bridge to:
E Long Term Disability
—1 Medical Retirement beginning
ri Length of FMLA leave ending
Return to work
Human Resources Director Signature:
D epartment Director Signature of Support:
Human Resources Department Use Only
NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION
Voluntary Catastrophic Leave Donation Program
Leave Request Form
Requestor, Please Complete
According to the provisions of the Voluntary Catastrophic Leave Donation Program, I hereby request
donated vacation, general leave or compensatory time.
MY SIGNATURE CERTIFIES THAT:
• A Leave of absence in relation to a catastrophic illness or injury has been approved by my
Department; and
• I am not receiving disability benefits or Workers' Compensation payments.
Name: (Please Print or Type: Last, First, MI)
Work Phone: Department:
Job Title: Employee ID#:
Requester Signature: Date:
Please submit this form to the Human Resources Office for processing.
Exhibit "A" to Non-Associated Resolution No. 2016-50 HB 681 Item 25. - 30 274
Donor Name: (Please Print or Type: Last, First, MI)
'Work Phone ::
Donor Job Title:
Type of Accrued Leave:
,r7 Vacation
Compensatory Time in General Leave
Number of Hours I wish to Donate:
Hours of Vacation
Hours of Compensatory Time
Hours of General Leave
NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION
Voluntary Catastrophic Leave Donation Program
Leave Donation Form
Donor, please complete
I understand that this voluntary donation of leave credits, once processed, is irrevocable;
but if not needed, the donation will be returned to me. I also understand that this
donation will remain confidential.
I wish to donate my accrued vacation, comp or general leave hours to the Leave Donation
Program for:
Eligible recipient employee's name (Last, First, MI):
Donor Signature: IDate:
Please submit to the Finance Department.
Item 25. 31' to Non-Associated Resolution No. 2016-50 HB -682
275
Res. No. 2016-50
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU the duly appointed, 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 resolution was passed
and adopted by the affirmative vote of at least a majority of all the members of
said City Council at a Regular meeting thereof held on July 18, 2016 by the
following vote:
AYES:
NOES:
OUT OF ROOM:
ABSTAIN:
O'Connell, Sullivan, Hardy, Delgleize
Posey, Peterson
Katapod is
None
94.244,444)
City Clerk and ex-officio Clerk of the
City Council of the City of
Huntington Beach, California
276
277