HomeMy WebLinkAbout2019-03-18 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
CITY COUNCIL/PUBLIC FINANCING AUTHORITY
Monday, March 18, 2019
Council Chambers
2000 Main Street
Huntington Beach, CA 92648
No Study Session / Closed Session - 5:00 PM
Regular Meeting - 6:00 PM
MAYOR AND CITY COUNCIL
ERIK PETERSON, Mayor
LYN SEMETA, Mayor Pro Tem
PATRICK BRENDEN, Councilmember
KIM CARR, Councilmember
BARBARA DELGLEIZE, Councilmember
JILL HARDY, Councilmember
MIKE POSEY, Councilmember
STAFF
FRED A. WILSON, City Manager
MICHAEL E. GATES, City Attorney
ROBIN ESTANISLAU, City Clerk
ALISA BACKSTROM, City Treasurer
1
City Council/Public Financing
Authority
AGENDA March 18, 2019
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 5:00 PM
5:00 PM - COUNCIL CHAMBERS
CALL TO ORDER
Councilmembers Brenden and Delgleize have requested permission to be absent
pursuant to Resolution No. 2001-54
ROLL CALL
Brenden, Carr, Semeta, Peterson, Posey, Delgleize, Hardy
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS PERTAINING TO
CLOSED SESSION ITEMS (Received After Agenda Distribution)
PUBLIC COMMENTS PERTAINING TO CLOSED SESSION ITEMS (3 Minute Time Limit)
RECESS TO CLOSED SESSION
Mayor Peterson to Announce: Pursuant to Government Code § 54957.6, the City
Council takes this opportunity to publicly introduce and identify designated labor
negotiators Fred Wilson, City Manager and Peter Brown, outside counsel; also in
attendance are Gilbert Garcia, Chief Financial Officer and Michele Warren, Director of
Human Resources who will be participating in today's Closed Session discussions
regarding the following: Interim City Manager.
CLOSED SESSION
19-3141.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: City of
Huntington Beach v. The Stephouse Recovery, Inc.; et al.;
OCSC Case No. 30-2018-01025168.
19-3152.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: City of
Huntington Beach v. Nevaeh Re 1, LLC; OCSC Case No.
30-2018-01025173.
19-3163.Pursuant to Government Code § 54956.9(d)(1), the City
Page 1 of 6
2
City Council/Public Financing
Authority
AGENDA March 18, 2019
Council shall recess into Closed Session to confer with the
City Attorney regarding the following lawsuit: City of
Huntington Beach v. David Lacy, et al.; OCSC Case No.
30-2018-01025153.
19-3174.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: City of
Huntington Beach v. Coastline Recovery LLC; et al.; OCSC
Case No. 30-2018-01025162.
19-3185.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: City of
Huntington Beach v. Anthony Roxstrom; OCSC Case No.
30-2018-010285104.
19-3566.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: Cody Rogers,
et al. v. City of Huntington Beach, et al.; USDC Case No.
8:19-cv-00031 DOC (ADSx).
19-3587.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: In re: Ruby’s
Diner, Inc., a California Corporation, US Bankruptcy Court
Case No. 8:18-bk-13311-CB.
19-3598.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: Kennedy
Commission, et al. v. City of Huntington Beach, et al.; OCSC
Case No. 30-2015-00801675.
19-3609.Pursuant to Government Code § 54954.5(e), the City Council
shall recess into Closed Session to discuss the public
employment of Interim City Manager.
19-36310.Pursuant to Government Code § 54957.6, the City Council
shall recess into Closed Session to meet with its
Page 2 of 6
3
City Council/Public Financing
Authority
AGENDA March 18, 2019
designated labor negotiators: Fred A. Wilson, City Manager,
Peter Brown, outside counsel and Chief Negotiator; also in
attendance: Gilbert Garcia, Chief Financial Officer, Michele
Warren, Director of Human Resources regarding the
following: Interim City Manager.
19-36711.Pursuant to Government Code §54956.9(d)(2), the City
Council shall recess into Closed Session to confer with the
City Attorney regarding potential litigation. Number of
cases, three (3).
6:00 PM – COUNCIL CHAMBERS
RECONVENE CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING
Councilmembers Brenden and Delgleize have requested permission to be absent
pursuant to Resolution No. 2001-54
ROLL CALL
Brenden, Carr, Semeta, Peterson, Posey, Delgleize, Hardy
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.
19-37512.Reverend James Pike, Pastor of Resurrection Lutheran
Church in Huntington Beach
CLOSED SESSION REPORT BY CITY ATTORNEY
AWARDS AND PRESENTATIONS
19-27513.Mayor Peterson to call on Victoria Alberty to present the
Adoptable Pet of the Month
19-27614.Mayor Peterson to call on City Attorney Michael Gates who
will present the Mayor’s Award to Senior Trial Counsel,
Brian Williams
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda
Page 3 of 6
4
City Council/Public Financing
Authority
AGENDA March 18, 2019
Distribution)
PUBLIC COMMENTS (3 Minute Time Limit)
COUNCIL COMMITTEE - APPOINTMENTS - LIAISON REPORTS, AB 1234
REPORTING, AND OPENNESS IN NEGOTIATIONS DISCLOSURES
CITY MANAGER'S REPORT
CITY ATTORNEY'S REPORT
19-36515.Update on Lawsuits against Illegal Residential Sober Living
Businesses
CONSENT CALENDAR
19-31321.Approve and Adopt Minutes
Approve and adopt the City Council/Public Financing Authority regular meeting minutes
dated March 4, 2019, as written and on file in the Office of the City Clerk.
Recommended Action:
19-29719.Approve the West Orange County Water Board (WOCWB)
proposed budget for Fiscal Year 2019-20, including the City
of Huntington Beach’s share of $487,937
Approve the WOCWB FY 2019-20 proposed operating and debt budget amount of
$649,000.
Recommended Action:
19-23918.Amend the previously approved Park Playground and
Equipment Replacement Priority List and appropriate funds
from the Park Development Impact Fund for installation of
new playground equipment at Tarbox Park in the amount of
$91,000
A) Approve the amendment of the previously approved Park Playground and Equipment
Replacement Priority List; and,
B) Authorize an appropriation increase of $91,000 into Park Development Impact account
22845001.82900 for the installation of new playground equipment at Tarbox Park .
Recommended Action:
19-30420.Approve Cal OES Violence Against Women Act Grant (LE
18026860) for the 2019 calendar year
Page 4 of 6
5
City Council/Public Financing
Authority
AGENDA March 18, 2019
A) Accept the grant between the State of California, Governor’s Office of Emergency
Services (Cal OES) and the City of Huntington Beach; and,
B) Approve an appropriation of $203,143, which is to be fully reimbursed by the grant
from Cal OES; and,
C) Increase the Professional Services authority list to include domestic violence services.
Recommended Action:
19-12616.Adopt Resolution No. 2019-09 adopting a revised Council
Manual digitally compiled to incorporate policy information
previously adopted by resolution, enhance formatting, and
include links to local government resource material
Adopt Resolution No. 2019-09, “A Resolution of the City Council of Huntington Beach
adopting a revised Council Manual” that incorporates adopted policy and relevant
government resource material into one living document, superseding all previous versions .
Recommended Action:
19-15917.Approve and authorize execution of a Professional Services
Contract with Erickson-Hall Construction Co. for the Police
Department Modernization Project
Approve and authorize the Mayor and City Clerk execute the “Professional Services
Contract Between the City of Huntington Beach and Erickson Hall Construction Company
for Program Management Services for Modernization of the Police Department Facility.”
Recommended Action:
ADMINISTRATIVE ITEMS
19-35422.Approve 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 Support on Assembly Bill 136 (Quirk-Silva) -Alcohol and
Drug Programs; and,
B) Approve a City position of Support on Assembly Bill 510 (Cooley) - Local Government
Records; and,
C) Approve a City position of Support on Assembly Bill 1190 (Irwin) - Unmanned Aircraft:
State and Local Regulations; and,
D) Approve a City position of Oppose unless Amended on Assembly Bill 377 (Garcia) -
Microenterprise Home Kitchen Operations; and,
Recommended Action:
Page 5 of 6
6
City Council/Public Financing
Authority
AGENDA March 18, 2019
E) Authorize the Mayor to send a letter of support to the California Public Utilities
Commission in support of Southern California Gas Company’s request to allow customers
to purchase renewable natural gas for their homes.
ORDINANCES FOR INTRODUCTION
19-31223.Adopt Resolution No. 2019-13 adopting revised Orange
County Taxi Administration Program (OCTAP) regulations
and approving for introduction Ordinance No. 4178
amending Huntington Beach Municipal Code Chapter 5.48
relating to Taxi Cabs
A) Adopt Resolution No. 2019-13, “A Resolution of the City Council of the City of
Huntington Beach Adopting Revised Orange County Taxi Administration Program
Regulations;” and,
B) Approve for introduction Ordinance No. 4178, “An Ordinance of the City of Huntington
Beach Amending Huntington Beach Municipal Code Chapter 5.48 Taxi Cabs.”
Recommended Action:
COUNCILMEMBER COMMENTS (Not Agendized)
ADJOURNMENT
The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing
Authority is Monday, April 1, 2019, 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 6
7
City of Huntington Beach
File #:19-314 MEETING DATE:3/18/2019
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: City of Huntington
Beach v. The Stephouse Recovery, Inc.; et al.; OCSC Case No. 30-2018-01025168.
City of Huntington Beach Printed on 3/13/2019Page 1 of 1
powered by Legistar™8
City of Huntington Beach
File #:19-315 MEETING DATE:3/18/2019
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: City of Huntington
Beach v. Nevaeh Re 1, LLC; OCSC Case No. 30-2018-01025173.
City of Huntington Beach Printed on 3/13/2019Page 1 of 1
powered by Legistar™9
City of Huntington Beach
File #:19-316 MEETING DATE:3/18/2019
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: City of Huntington
Beach v. David Lacy, et al.; OCSC Case No. 30-2018-01025153.
City of Huntington Beach Printed on 3/13/2019Page 1 of 1
powered by Legistar™10
City of Huntington Beach
File #:19-317 MEETING DATE:3/18/2019
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: City of Huntington
Beach v. Coastline Recovery LLC; et al.; OCSC Case No. 30-2018-01025162.
City of Huntington Beach Printed on 3/13/2019Page 1 of 1
powered by Legistar™11
City of Huntington Beach
File #:19-318 MEETING DATE:3/18/2019
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: City of Huntington
Beach v. Anthony Roxstrom; OCSC Case No. 30-2018-010285104.
City of Huntington Beach Printed on 3/13/2019Page 1 of 1
powered by Legistar™12
City of Huntington Beach
File #:19-356 MEETING DATE:3/18/2019
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: Cody Rogers, et al. v.
City of Huntington Beach, et al.; USDC Case No. 8:19-cv-00031 DOC (ADSx).
City of Huntington Beach Printed on 3/13/2019Page 1 of 1
powered by Legistar™13
City of Huntington Beach
File #:19-358 MEETING DATE:3/18/2019
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: In re: Ruby’s Diner,
Inc., a California Corporation, US Bankruptcy Court Case No. 8:18-bk-13311-CB.
City of Huntington Beach Printed on 3/13/2019Page 1 of 1
powered by Legistar™14
City of Huntington Beach
File #:19-359 MEETING DATE:3/18/2019
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: Kennedy
Commission, et al. v. City of Huntington Beach, et al.; OCSC Case No. 30-2015-00801675.
City of Huntington Beach Printed on 3/13/2019Page 1 of 1
powered by Legistar™15
City of Huntington Beach
File #:19-360 MEETING DATE:3/18/2019
Pursuant to Government Code § 54954.5(e), the City Council shall recess into Closed Session
to discuss the public employment of Interim City Manager.
City of Huntington Beach Printed on 3/13/2019Page 1 of 1
powered by Legistar™16
City of Huntington Beach
File #:19-363 MEETING DATE:3/18/2019
Pursuant to Government Code § 54957.6, the City Council shall recess into Closed Session to
meet with its designated labor negotiators: Fred A. Wilson, City Manager, Peter Brown,
outside counsel and Chief Negotiator; also in attendance: Gilbert Garcia, Chief Financial
Officer, Michele Warren, Director of Human Resources regarding the following: Interim City
Manager.
City of Huntington Beach Printed on 3/13/2019Page 1 of 1
powered by Legistar™17
City of Huntington Beach
File #:19-367 MEETING DATE:3/18/2019
Pursuant to Government Code §54956.9(d)(2), the City Council shall recess into Closed
Session to confer with the City Attorney regarding potential litigation. Number of cases, three
(3).
City of Huntington Beach Printed on 3/13/2019Page 1 of 1
powered by Legistar™18
City of Huntington Beach
File #:19-375 MEETING DATE:3/18/2019
Reverend James Pike, Pastor of Resurrection Lutheran Church in Huntington Beach
City of Huntington Beach Printed on 3/13/2019Page 1 of 1
powered by Legistar™19
City of Huntington Beach
File #:19-275 MEETING DATE:3/18/2019
Mayor Peterson to call on Victoria Alberty to present the Adoptable Pet of the Month
City of Huntington Beach Printed on 3/13/2019Page 1 of 1
powered by Legistar™20
City of Huntington Beach
File #:19-276 MEETING DATE:3/18/2019
Mayor Peterson to call on City Attorney Michael Gates who will present the Mayor’s Award to
Senior Trial Counsel, Brian Williams
City of Huntington Beach Printed on 3/13/2019Page 1 of 1
powered by Legistar™21
City of Huntington Beach
File #:19-365 MEETING DATE:3/18/2019
Update on Lawsuits against Illegal Residential Sober Living Businesses
City of Huntington Beach Printed on 3/13/2019Page 1 of 1
powered by Legistar™22
City of Huntington Beach
File #:19-313 MEETING DATE:3/18/2019
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Robin Estanislau, CMC, City Clerk
PREPARED BY:Robin Estanislau, CMC, City Clerk
Subject:
Approve and Adopt Minutes
Statement of Issue:
The City Council/Public Financing Authority regular meeting minutes dated March 4, 2019, require
review and approval.
Financial Impact:
None.
Recommended Action:
Approve and adopt the City Council/Public Financing Authority regular meeting minutes dated March
4, 2019, as written and on file in the Office of the City Clerk.
Alternative Action(s):
Do not approve and/or request revision(s).
Analysis:
None.
Environmental Status:
Non-Applicable.
Strategic Plan Goal:
Non-Applicable - Administrative Item
Attachment(s):
1. March 4, 2019 CC/PFA Minutes
City of Huntington Beach Printed on 3/13/2019Page 1 of 1
powered by Legistar™23
Minutes
City Council/Public Financing Authority
City of Huntington Beach
Monday, March 4, 2019
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
is 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
ROLL CALL
Present: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy
Absent: None
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
Item No. 1 (19-043) PowerPoint Communication submitted by Assistant City Manager Lori Ann Farrell,
dated March 4, 2019, entitled Citizen Participation Advisory Board (CPAB) 2019-20 Recommendations.
PUBLIC COMMENTS PERTAINING TO STUDY SESSION / CLOSED SESSION ITEMS
(3 Minute Time Limit) — None
STUDY SESSION
1. 19-043 Joint Citizen Participation Advisory Board (CPAB) Study Session with City Council.
ROLL CALL of the Citizen Participation Advisory Board
Present: Peter Andres, Shelly Grace-Bowers, Chris Byrne, Shayna Lathus, and Mike Massie
(arrived at 4:02 PM)
Absent: Dr. Paul Morrow, and Donna Traversi
Deputy Director of Economic Development Kellee Fritzal and Shelly Grace-Bowers jointly presented a
PowerPoint communication entitled: Citizen Participation Advisory Board (CPAB) 2019-20
Recommendations with slides titled: Estimated HUD Allocations 2019-20, CDBG Allocation Process,
24
Council/PFA Regular Minutes
March 4, 2019
Page 2 of 12
2019-20 CPAB Recommendations, Public Services: 15% Cap(2), Admin, Housing & Code Enforcement,
Public Improvements, 2019/20 HOME Program, 2019/20 HOME Projects, Next Steps, and Questions.
Councilmember Delgleize confirmed with Director Fritzal that Code Enforcement has the same allocation
as last year.
Councilmember Posey and staff discussed that a report and presentation by StandUp For Kids resulted
in their award being doubled this year based on their success last year.
Mayor Pro Tem Semeta expressed her disappointment at the reduction for Homeless Outreach in the
Police Department. Staff explained reduction amounts by category. Mayor Pro Tem Semeta asked that
the allocation remain the same as last year for this group.
Councilmember Brenden asked that the allocation for Homeless Outreach in the Police Department be
the same as last year, and confirmed with Director Fritzal that Administration of Housing/Code
Enforcement is projected to be the same as last year. Director Fritzal explained that staff is working with
the Department of Housing and Urban Development (HUD) on how to best utilize funds, and described
Administration costs as staff time, consultants, monitoring and audits.
Councilmember Carr confirmed with Director Fritzal that HUD funds have not yet been actually allocated,
so the numbers in the report are really just estimates at this time. Director Fritzal confirmed that a final
payment of $220,000 to the Section 108 Loan may result in available funds next year, and described the
final process to approve fund allocation via public hearing.
Councilmember Hardy stated her support for the previous comments by Mayor Pro Tem Semeta and
Councilmember Brenden that allocations for Homeless Outreach in the Police Department should stay
the same as last year until an increase in funds is confirmed/received.
Mayor Peterson stated his support for meeting last year's funding, especially for the Homeless Outreach
in the Police Department.
Councilmember Delgleize voiced her support for keeping the numbers the same as last year, at least
until actual amounts are available.
Councilmember Posey shared that in his opinion the homeless cycle can be impacted by reaching at-risk
and homeless youth to hopefully prevent them from becoming homeless as adults.
Mayor Peterson clarified that in his opinion the funding increase for StandUp For Kids should be
maintained, and other categories need to be reduced so that the Homeless Outreach in the Police
Department can be funded at the same level as last year.
A motion was made by Posey, second Semeta to recess to Closed Session for Items 3 – 14. With no
objections, the motion carried.
RECESSED TO CLOSED SESSION FOR ITEMS 3 – 14 — 4:22 PM
25
Council/PFA Regular Minutes
March 4, 2019
Page 3 of 12
CLOSED SESSION ANNOUNCEMENT(S)
2. 19-296 Mayor Peterson announced: Pursuant to Government Code § 54957.6, the City
Council takes this opportunity to publicly introduce and identify designated labor
negotiators, Fred A. Wilson, City Manager, Lori Ann Farrell-Harrison, Assistant City
Manager; also in attendance: David Segura, Fire Chief, Mike Baumgartner, Marine
Safety Division Chief, Gilbert Garcia, Chief Financial Officer, Michele Warren,
Director of Human Resources, who will be participating in today’s Closed Session
discussions regarding labor negotiations with: Marine Safety Management
Association (MSMA).
CLOSED SESSION
3. 19-246 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:
Cody Rogers, et al. v. City of Huntington Beach, et al.; USDC Case No. 8:19-cv-
00031 DOC (ADSx).
4. 19-247 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:
Jennifer Watson v. City of Huntington Beach; OCSC Case No.: 30-2018-01030249.
5. 19-248 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:
Bedel (Richard) v. City of Huntington Beach; OCSC Case No.: 30-2017-00958740.
6. 19-260 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).
7. 19-262 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: In
re: Ruby’s Diner, Inc., a California Corporation, US Bankruptcy Court Case No. 8:18-
bk-13311-CB.
8. 19-263 Pursuant to Government Code § 54954.5(e), the City Council recessed into Closed
Session to discuss the public employment of Interim City Manager.
9. 19-264 Pursuant to Government Code § 54957.6, the City Council recessed into Closed
Session to meet with its designated labor negotiators: Fred A. Wilson, City
Manager, Lori Ann Farrell-Harrison, Assistant City Manager; also in attendance:
David Segura, Fire Chief, Mike Baumgartner, Marine Safety Division Chief, Gilbert
Garcia, Chief Financial Officer, Michele Warren, Director of Human Resources
regarding the following: Marine Safety Management Association (MSMA).
10. 19-285 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:
City of Huntington Beach v. The Stephouse Recovery, Inc.; et al.; OCSC Case No.
30-2018-01025168.
26
Council/PFA Regular Minutes
March 4, 2019
Page 4 of 12
11. 19-286 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:
City of Huntington Beach v. Nevaeh Re 1, LLC; OCSC Case No. 30-2018-01025173.
12. 19-287 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:
City of Huntington Beach v. David Lacy, et al.; OCSC Case No. 30-2018-01025153.
13. 19-289 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:
City of Huntington Beach v. Coastline Recovery LLC; et al.; OCSC Case No. 30-
2018-01025162.
14. 19-290 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:
City of Huntington Beach v. Anthony Roxstrom; OCSC Case No. 30-2018-
010285104.
6:00 PM - COUNCIL CHAMBERS
RECONVENED CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING — 6:05 PM
ROLL CALL
Present: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy
Absent: None
PLEDGE OF ALLEGIANCE — Led by Councilmember Posey.
INVOCATION
15. 18-639 Pat Goodman 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
16. 19-146 Mayor Peterson proclaimed California Arbor Week March 7-14, 2019, and presented
a proclamation to Jean Nagy, Huntington Beach Tree Society
Ms. Nagy invited everyone to attend this year's Arbor Day event on Thursday, March 14, 10 a.m. at Chris
Carr Park. The City will be joining Carden Conservatory School and the Huntington Beach Tree Society
to plant trees. Ms. Nagy invited volunteers to help at the Urban Forest, Central Park or the Secret
Garden throughout the year.
27
Council/PFA Regular Minutes
March 4, 2019
Page 5 of 12
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:
City Attorney's Report
Item No. 17 (19-214) A PowerPoint communication submitted by City Attorney Michael Gates entitled
Community Prosecutor Program.
Consent Calendar
Item #19. (19-270) Completed application for proposed Harbor Commissioner John Ochs submitted by
Antonia Graham, Assistant to the City Manager.
Item #22. (19-280) Updated Memorandum of Understanding (MOU) submitted by Director of Human
Resources, Michele Warren with changes to clarify and better reflect the intent and agreement of the
parties.
Administrative Items
Item #26. (19-268) Email communication received from Mark Bixby
PUBLIC COMMENTS (3 Minute Time Limit) — 9 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.
Joe Carchio was called to speak and announced a fundraiser benefiting the Huntington Beach Wetlands
Conservancy on Friday, March 29th, 6 - 10 p.m., at the Huntington Beach Hilton, and introduced Mr.
John Villa, Executive Director, Huntington Beach Wetlands Conservancy. (00:33:11)
John Villa, Executive Director, Huntington Beach Wetlands Conservancy, was called to speak and
shared some history of the organization, plans for the future, and details for the March 29th fundraiser.
(00:34:00)
Michael Elliott, a 30-year resident of Huntington Beach, was called to speak and shared pictures of the
intersection of Pecan and 9th Street where "Ninth St." and "Magnolia Ave." are stamped into the
sidewalk. He asked for City Council's support to ensure that these historical artifacts are not destroyed.
(00:36:45)
Kathryn Levassiur, a 20-year resident of Huntington Beach, was called to speak and expressed her
support for Agenda Item No. 26 (19-268) regarding the City's Strategic Plan Update, especially the
Three-Year Goal to strengthen long-term financial and economic sustainability and conduct a study
session on opportunities and challenges associated with short-term rentals. (00:38:32)
Bonnie Ullmann, HB Reads, was called to speak and described the HB Reads program to inspire
students and the community to read, and accept diversity. This year's book is Double Luck: Memoirs of
a Chinese Orphan, by Lu Chi Fa. Everyone is invited to meet the author on March 28 at Central Library.
Tickets are required for the 4 - 6 p.m. fundraising event which will include a question and answer
session, book signing and silent auction, plus hors d’oeuvres, wine, and beer. The 7 - 9 p.m. free event
will include a question and answer session, book signing and raffle. (00:41:01)
28
Council/PFA Regular Minutes
March 4, 2019
Page 6 of 12
Debbie Killey, Community Relations Manager, Rainbow Republic Services, was called to speak and
expressed support for Consent Calendar Item No. 21 (19-293) regarding the Orange County Recycling
Market Development Zone (OCRMDZ). (00:43:08)
Mary Behrens, Carol Harris, and Justine Makoff, Huntington Beach Central Park Equestrian Center and
Free Reign Foundation, were called to speak and shared details on upcoming events to which the public
is invited: first Sunday of each month is a Hug and Groom free event for the first 120 people who sign
up; and, Spring at the Stables, a free community event on April 27th to showcase services available at
the Equestrian Center where there will be free pony rides, plus an Extreme Cowboy event. (00:46:04)
Justine Makoff, Free Reign Foundation, continued by describing projects which are provided for youth to
participate in community services such as the Urban Forest, mulching for the Equestrian Center, and the
Equine Assisted Psychotherapy program. (00:49:51)
COUNCIL COMMITTEE — APPOINTMENTS — LIAISON REPORTS, AB 1234 REPORTING, AND
OPENNESS IN NEGOTIATIONS DISCLOSURES
Councilmember Carr reported attending a recent meeting of the Allied Arts Board as Liaison, and
receiving text messages from the Huntington Beach Police Officers' Association (HBPOA).
Councilmember Brenden reported attending a meeting of the Homeless Task Force and shared statistics
and processes used throughout the County in providing services to the homeless population. He also
attended Communications Committee and Jet Noise Commission meetings, and spoke with the
Huntington Beach Police Officers' Association President regarding some language in the Memorandum
of Understanding (MOU).
Councilmember Hardy encouraged people to participate in the HB Reads Fundraiser on March 28th, and
reminded Councilmembers of the Youth in Government Day next week.
Mayor Pro Tem Semeta announced that she was elected as Chair to the Public Cable Television
Authority (PCTA), and is a member of the team working on the process for Huntington Beach
withdrawing from PCTA.
Councilmember Delgleize reported attending an Orange County Transit Authority (OCTA) Board
meeting, a Jet Noise Commission and Association of California Cities Legislative Committee meetings.
She also had communication with the Huntington Beach Police Officers' Association (HBPOA) regarding
their Memorandum of Understanding (MOU).
Mayor Peterson reported attending an Orange County Sanitation District Headquarters Committee
meeting where he was appointed as Vice Chair.
CITY MANAGER’S REPORT — None
CITY ATTORNEY’S REPORT
17. 19-214 Community Prosecutor Program Update
City Attorney Gates presented a PowerPoint communication entitled: Community Prosecutor Program
with slides titled: History of the Community Prosecutor Program(3), Community Prosecutor, Petty Theft
29
Council/PFA Regular Minutes
March 4, 2019
Page 7 of 12
(PC 488), Drunk in Public (PC647(f), Resisting Officer Arrest (PC 148), Trespassing (PC 602), Drug
Possession, Misd. Sec Crimes (PC 314.1, PC647a), Diversionary Program, Status/Results, Community
Prosecutor Program, Status/Results, Fee/Fines Recovered to Date, Status/Results, Community
Prosecutor Program, and Community Prosecutor Program.
Police Chief Handy shared information on the background work that was necessary to implement the
Community Prosecutor Program, and explained this is an extension of community based policing. Chief
Handy expressed pride in, and gratefulness for, the program.
Councilmember Posey and City Attorney Gates discussed that at the present time the District Att orney is
very supportive of the program, and confirmed there currently is no revenue sharing with the County.
There was further discussion related to statistics for Medical Marijuana Dispensary (MMD) businesses,
criminal prosecutions, and caseload expectations when planning the program vs reality. City Attorney
Gates stated that Huntington Beach Police Officers have stated their appreciation to his department staff
for implementing this program.
Councilmember Delgleize expressed her appreciation for the report, and she and City Attorney Gates
agreed that this program should be reviewed annually.
Mayor Pro Tem Semeta expressed her appreciation for the efforts provided by the City Attorney's Office
and the Huntington Beach Police Department to provide a successful program.
CONSENT CALENDAR
Mayor Pro Tem Semeta pulled Consent Calendar Item No. 19 (19-270) regarding appointments to the
newly established Harbor Commission.
Councilmember Posey pulled Consent Calendar Item No. 21 (19-293) regarding the Orange County
Recycling Market Development Zone, and Item No. 23 (19-255) regarding amending the City's
Classification Plan.
Councilmember Brenden pulled Consent Calendar Item No. 24 (19-179) regarding use and maintenance
of neighborhood parks on school properties.
Mayor Peterson pulled Consent Calendar Item No. 22 (19-280) regarding the Huntington Beach Police
Officers' Association Memorandum of Understanding.
18. 19-250 Approved and Adopted Minutes
A motion was made by Brenden, second Posey to approve and adopt the City Council/Public Financing
Authority special meeting minutes dated February 7, 2019, and regular meeting minutes dated February
19, 2019, as written and on file in the Office of the City Clerk.
The motion carried by the following vote:
AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy
NOES: None
30
Council/PFA Regular Minutes
March 4, 2019
Page 8 of 12
19. 19-270 Approved the appointments of Alfred Balitzer, William Larkin, Michael Van Voorhis,
Craig Schauppner, Kimberley Milligan, Renee Hunter, and John Ochs to the newly
established Harbor Commission
Mayor Pro Tem Semeta pulled this item to express appreciation to everyone who applied, and to briefly
present the qualifications of those who were appointed to serve.
A motion was made by Semeta, second Posey to approve the appointments (with one amended term)
to the Harbor Commission as approved by the City Council Liaisons, Mayor, Peterson, and Mayor Pro
Tem, Semeta, for:
- Alfred Balitzer - Four Year Term expiring December 31, 2022
- William Larkin - Four year term expiring December 31, 2022
- Michael Van Voorhis - Two year term expiring December 31, 2020
- Craig Schauppner – Two Four year term expiring December 31, 2022
- Kimberly Milligan - Four year term expiring December 31, 2022
- Renee Hunter - Two year term expiring December 31, 2020
- John Ochs - Two year term expiring December 31, 2020
The motion carried by the following vote:
AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy
NOES: None
20. 19-166 Adopted Resolution No. 2019-10 declaring Weeds and Rubbish a nuisance on
specific properties and fixing April 15, 2019, at 6:00pm for hearing Protests and
Objections to the Abatement thereof
A motion was made by Brenden, second Posey to adopt Resolution No. 2019-10, "A Resolution of the
City Council of the City of Huntington Beach Finding and Declaring That Certain Weeds Growing in the
City, and Rubbish and Refuse Deposited on Public Ways and Private Property are a Public Nuisance;
and Fixing the Time for Hearing Protests and Objections to the Abatement Thereof."
The motion carried by the following vote:
AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy
NOES: None
21. 19-293 Adopted Resolution No. 2019-14 expanding the Orange County Recycling Market
Development Zone (OCRMDZ) by adding the cities of Fullerton and Lake Forest
Councilmember Posey pulled this item to discuss with Antonia Graham, Assistant to the City Manager,
how Huntington Beach became the lead City for the Orange County Recycling Market Development
Zone (OCRMDZ), and what that entails. There was further discussion on how businesses are
incentivized to participate in programs like OCRMDZ, especially in light of the reduced acceptance of
recyclables in places like China, who provide local recycle options.
31
Council/PFA Regular Minutes
March 4, 2019
Page 9 of 12
A motion was made by Posey, second Delgleize to adopt Resolution No. 2019-14, "A Resolution of the
City Council of the City of Huntington Beach Expanding the Orange County Recycling Market
Development Zone by Adding the Cities of Fullerton and Lake Forest to the Recycling Zone."
The motion carried by the following vote:
AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy
NOES: None
22. 19-280 Adopted Resolution No. 2019-15 approving and implementing the Memorandum of
Understanding (MOU) with the Huntington Beach Police Officers’ Association
(HBPOA) for October 1, 2017, through December 31, 2019
Mayor Peterson pulled this item to ask that this be a first reading because of the small changes that were
made after the previous reading.
Director of Human Resources Michele Warren described the changes.
Councilmember Posey stated he did not see any material change to the MOU and moved the item.
Councilmember Hardy and Director Warren further discussed the MOU changes.
Mayor Pro Tem Semeta confirmed with Director Warren that the MOU changes had no effect on costs,
and requiring another reading could create the need to start the process over, which would probably
have to be agreed upon by the HBPOA, and stated her support for approving the MOU now.
A motion was made by Posey, second Delgleize to adopt Resolution No. 2019-15, "A Resolution of the
City Council of the City of Huntington Beach Approving and Implementing the Memorandum of
Understanding between the Huntington Beach Police Officers' Association (HBPOA) and the City for
October 1, 2017, through December 31, 2019," as amended by Supplemental Communication
(changes to clarify and better reflect the intent and agreement of the MOU parties).
The motion carried by the following vote:
AYES: Brenden, Carr, Semeta, Posey, Delgleize, and Hardy
NOES: Peterson
23. 19-255 Adopted Resolution No. 2019-16 amending the City’s Classification Plan by adding
the Job Classification of Principal Finance Analyst and establishing the
compensation
Councilmember Posey pulled this item to confirm with Human Resources Director Michele Warren, and
for the benefit of the public, that no new personnel is being hired, the reclassification saves the City
$28,000, and it streamlines the pathway for supervision and reporting.
A motion was made by Posey, second Peterson to adopt Resolution No. 2019-16, "A Resolution of the
City Council of the City of Huntington Beach Amending the City's Classification Plan by Adding the
Classification of Principal Finance Analyst," and establishing the compensation.
32
Council/PFA Regular Minutes
March 4, 2019
Page 10 of 12
The motion carried by the following vote:
AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy
NOES: None
24. 19-179 Approved and authorized execution of a License Agreement with the Ocean View
School District (OVSD) of Orange County for use and maintenance of neighborhood
parks on school properties
Councilmember Brenden pulled this item to make clear that Item 2.22 of the Agreement specifies that
anyone performing weed control at any of the park parcels will be prohibited from applying any
Roundup® as an herbicide.
A motion was made by Brenden, second Posey to approve and authorize the Mayor and City Clerk to
execute the "License Agreement between the City of Huntington Beach and the Ocean View School
District of Orange County for Use and Maintenance of Neighborhood Parks on School Properties."
The motion carried by the following vote:
AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy
NOES: None
25. 19-207 Awarded and authorized execution of a 3-Year Contract with Merrimac Petroleum
Inc. dba Merrimac Energy Group for Bulk Fuel Service — Gasoline and Diesel in an
amount not to exceed $1,500,000 per year
A motion was made by Brenden, second Posey to approve and authorize the Mayor and City Clerk to
execute the "Service Agreement between the City of Huntington Beach and Merrimac Petroleum Inc. dba
Merrimac Energy Group for Bulk Fuel Services — Gasoline and Diesel" in an amount not to exceed
amount of $1,500,000 per year for three years.
The motion carried by the following vote:
AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy
NOES: None
ADMINISTRATIVE ITEMS
26. 19-268 City of Huntington Beach Strategic Plan Update
City Manager Fred Wilson introduced this item by providing a brief overview of the process which lead to
this document being presented for approval. Assistant City Manager Lori Ann Farrell presented details of
the Strategic Plan Update for the benefit of the public, including a PowerPoint communication tit led City
of Huntington Beach 12-Month Strategic Objectives, February 7, 2019 — February 1, 2020, with slides
entitled: Three-Year Goal: Enhance and maintain high quality City services (2), Enhance and maintain
the infrastructure, Strengthen long-term financial and economic sustainability, and Enhance and
modernize public safety service delivery.
A motion was made by Posey, second Hardy to approve the February 7, 2019, Strategic Objectives as
contained within Attachment 1.
33
Council/PFA Regular Minutes
March 4, 2019
Page 11 of 12
The motion carried by the following vote:
AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy
NOES: None
COUNCILMEMBER COMMENTS (Not Agendized)
Councilmember Posey reported attending the Association of California Cities — Orange County (ACC-
OC) Legislative Affairs Committee meeting for a presentation on solid waste management for
businesses.
Councilmember Brenden reported attending a meeting of the Children's Needs Taskforce, provided
details for the 2019 application process for American Youth Character awards, attending the Sand
Dollars of Huntington Beach Officers Installation dinner, the retirement dinner for Jeff Moran to recognize
his 40 years with AT&T, participating in a City business visit to Fair Auto, taking a tour of the Huntington
Central Park Equestrian Center, and he announced the passing of a great American, patriot, and leader,
General George K. Muellner.
Councilmember Hardy congratulated Shannon Dill, Edison High School, Class of 1989 who won an
Oscar for Best Documentary Feature.
Councilmember Carr reported attending the Have A Heart Forum on homelessness, Love Grows by
Giving Wine Tasting — Waymakers HB Youth Shelter fundraiser, and participating in the Oak View Park
Build Day.
Councilmember Delgleize reported attending the Municipal Water District of Orange County (MWDOC) -
Water Policy Forum and Dinner — Bay Delta Initiatives Focusing on Water Supply in California's Three
Unique Water Regions: Northern, Central, and Southern California, Love Grows by Giving Wine Tasting
— Waymakers HB Youth Shelter fundraiser, and the League of California Cities - O. C. Division General
Membership Meeting featuring O.C.'s newest member of the U.S. House of Representatives,
Congresswoman Katie Porter.
Mayor Peterson reported attending the Oak View Park Build Day Ceremony and Ribbon Cutting, and
attending a Read Across America event with City Attorney Gates, and several Huntington Beach Police
and Fire Department officers, to read to students at Peterson Elementary School.
Mayor Pro Tem Semeta requested that this meeting be adjourned in memory of Eva Kilgore, a local
resident whose sudden passing will affect many local causes she volunteered with and championed in
the greater Huntington Beach area.
ADJOURNMENT — at 7:46 P.M., in memory of Eva Kilgore, to the next regularly scheduled meeting of
the Huntington Beach City Council/Public Financing Authority on Monday, March 18, 2019, 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
34
Council/PFA Regular Minutes
March 4, 2019
Page 12 of 12
______________________________________
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
35
City of Huntington Beach
File #:19-297 MEETING DATE:3/18/2019
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Fred A. Wilson, City Manager
PREPARED BY:Travis K. Hopkins, PE, Director of Public Works
Subject:
Approve the West Orange County Water Board (WOCWB) proposed budget for Fiscal Year
2019-20, including the City of Huntington Beach’s share of $487,937
Statement of Issue:
The City is a member of the West Orange County Water Board (WOCWB), a Joint Powers Authority.
The WOCWB is currently preparing the FY 2019-20 proposed budget. The Board requests that each
member agency review and approve the budget prior to the beginning of the new fiscal year.
Financial Impact:
The City’s share of the WOCWB’s FY 2019-20 total proposed budget of $649,000 is $487,937. This
amount is made up of $69,564 for the annual operating budget and $418,373 to cover the City’s
share of the debt service payments for the Orange County Transportation Authority’s (OCTA) OC-35
Pipeline Realignment Project loan. The FY 2019-20 proposed operating budget will be included in
the Water Fund (506), account 50685801.67655. The debt service portion will be included in the
Water Master Plan Fund (507), account 50785201.67655.
Recommended Action:
Approve the WOCWB FY 2019-20 proposed operating and debt budget amount of $649,000 .
Alternative Action(s):
Do not approve the FY 2019-20 WOCWB budget and direct staff accordingly.
Analysis:
The WOCWB is a Joint Powers Authority comprised of the Cities of Garden Grove, Seal Beach,
Westminster and Huntington Beach, who own and operate the OC-9 and OC-35 pipelines for the
purpose of purchasing imported water from the Municipal Water District of Orange County and
transporting it to the Joint Powers cities. Huntington Beach owns 56.1 percent of the system. The
WOCWB is governed by five elected officials from each of the Joint Powers agencies. Council
members Jill Hardy and Mike Posey represent the City of Huntington Beach.
City of Huntington Beach Printed on 3/13/2019Page 1 of 2
powered by Legistar™36
File #:19-297 MEETING DATE:3/18/2019
The General Manager of the WOCWB (City of Huntington Beach Public Works Utilities Manager)
submits a proposed budget to the Board for review in January and approval in April of each year.
Huntington Beach Utilities Division staff have prepared the proposed budget. The proposed
operating budget for Fiscal Year 2019-20 is $124,000. This includes funding for general operations
and maintenance, electricity and administrative costs (legal, insurance and audit fees).
Also included is $25,000 for the design of two Programmable Logic Controllers (PLCs) for the
SCADA system and $20,000 for vault refurbishment. The City’s share of the operating budget is
$69,564.
Funds for debt service for the OC-35 pipeline realignment project loan repayment in the amount of
$525,000 are also included in the WOCWB proposed budget. The WOCWB negotiated a
reimbursement agreement in FY 17-18 (amended in FY 18-19) with OCTA to finance the construction
of the project. The reimbursement agreement is a 10-year low interest rate loan for $5,995,334. The
Cities of Garden Grove and Westminster have paid their share of the loan; Huntington Beach and
Seal Beach are still paying their respective shares of the loan. The City of Huntington Beach share
of the debt service for FY 2019-20 is $418,373, which includes a small contingency as the loan is
based on the State Surplus Money Investment Fund (SMIF) rate, which is adjustable on a quarterly
basis.
The total amount of the City of Huntington Beach’s share of the FY 2019-20 proposed WOCWB
budget is $487,937.
Environmental Status:
Not applicable
Strategic Plan Goal:
Strengthen economic and financial sustainability
Attachment(s):
1. West Orange County Water Board Proposed Fiscal Year 2019-20 Budget.
City of Huntington Beach Printed on 3/13/2019Page 2 of 2
powered by Legistar™37
WEST ORANGE COUNTY WATER BOARD DRAFT FISCAL YEAR 2019-20 BUDGETFY 18-19 ApprovedFY 19-20 ProposedACCOUNT NUMBER ACCOUNT DESCRIPTIONOPERATING EXPENSES50885101.61200 Electricity $4,500 $4,50050885101.64620 Contracts for Repairs and Maintenance $60,000 $50,000 PLC Design for SCADA $25,000 Vault (2) Refurbishment $20,00050885101.69345 Auditing $5,000 $5,50050885101.69375 Attorney Fees $5,000 $2,50050885101.69365 Other Contract Services $2,000 $2,00050885101.73010 General/Liability Insurance $9,500 $9,50050885101.75400 Board Stipend Expense $2,500 $2,50050885101.79100 Contingency $2,500 $2,500OPERATING EXPENSES $91,000 $124,000NON OPERATING EXPENDITURES50885102.88010 Debt Service*$2,069,278 $525,000TOTAL $2,160,278 $649,000*Cities of Huntington Beach and Seal BeachJanuary 9, 201938
PROPOSED FISCAL YEAR 2019-20 BUDGET
ALLOCATION OF COSTS BY AGENCY
ACCOUNT NUMBER AGENCY
OWNERSHIP
PERENTAGE
PROPOSED FY
18/19 COST
50800508.46610 Huntington Beach 56.1 $69,564
50800508.46620 Garden Grove 4.2 $5,208
50800508.46630 Seal Beach 14.3 $17,732
50800508.46640 Westminster 25.4 $31,496
Totals 100.0 $124,000
50800508.46610 Huntington Beach 56.1 $418,373
50800508.46620 Garden Grove* 4.2 $0
50800508.46630 Seal Beach 14.3 $106,628
50800508.46640 Westminster 25.4
Totals
100.0 $525,000
50800508.46610 Huntington Beach 56.1 $487,937
50800508.46620 Garden Grove* 4.2 $5,208
50800508.46630 Seal Beach 14.3 $124,360
50800508.46640 Westminster 25.4 $31,496
Total Budget $649,000
Total Proposed Budget $649,000
Operating Budget
Third Year OC-35 Relocation Project Loan Payment
Total Proposed Budget
*Garden Grove and Westminster have paid off their portions of the loan
January 9, 2019 39
City of Huntington Beach
File #:19-239 MEETING DATE:3/18/2019
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Fred A. Wilson, City Manager
PREPARED BY:Chris Slama, Interim Director of Community Services
Subject:
Amend the previously approved Park Playground and Equipment Replacement Priority List
and appropriate funds from the Park Development Impact Fund for installation of new
playground equipment at Tarbox Park in the amount of $91,000
Statement of Issue:
There is a need to amend the previously approved Park Playground and Equipment Replacement
Priority List and appropriate funds to install new playground equipment at Tarbox Park.
Financial Impact:
Funding for $91,000 to install playground equipment at Tarbox Park is available in the Park
Development Impact Fund 228 fund balance. City Council authorization is requested to appropriate
from available fund balance, since this project was not anticipated as part of the FY 2018/19 budget.
Sufficient funds are available in the Fund 228 fund balance.
Recommended Action:
A) Approve the amendment of the previously approved Park Playground and Equipment
Replacement Priority List; and,
B) Authorize an appropriation increase of $91,000 into Park Development Impact account
22845001.82900 for the installation of new playground equipment at Tarbox Park .
Alternative Action(s):
Do not approve the recommended action and direct staff accordingly.
Analysis:
Tarbox Park is a mini park in Huntington Harbour, located at 16601 Wellington Circle. Tarbox Park is
very popular and highly attended in the harbor area, being the only park that is within the
recommended 0.5-mile walking distance, per the Parks & Recreation Master Plan. There are no
other parks within walking distance on Gilbert Island. Amenities also include a park bench and open
grass area, making the park a favorite location for the surrounding community.
City of Huntington Beach Printed on 3/13/2019Page 1 of 2
powered by Legistar™40
File #:19-239 MEETING DATE:3/18/2019
On November 29, 2018, the playground equipment at Tarbox Park was found to be damaged most
likely due to a previous rainstorm. Following a joint inspection of the damage by staff of the
Community Services and Public Works Departments, it was determined that the condition of the
playground equipment was not salvageable and needed removal. Upon removal of the playground
equipment, staff also become aware that the rubber surfacing had deteriorated in some locations,
also requiring repair.
Since that time, staff has received feedback from several residents about the absence of playground
equipment. Public Works was recently able to address some needed repairs to the rubber surfacing,
but lacks funding to replace an entire play structure.
On November 19, 2018, City Council approved the Park Playground and Equipment Replacement
Priority List, featuring 27 parks in need of equipment replacement. Tarbox Park was not included in
that list, nor was there any language in the approved RCA regarding replacement of playground
equipment due to unforeseen circumstances (Attachment 1). Therefore, staff is requesting that the
list be amended to include Tarbox Park (Attachment 2, Item #3). Construction of the playground
improvements at Oak View and Seabridge Parks (park priorities #1 and #2) are underway and will be
completed within the next month.
The General Plan identifies mini parks, such as Tarbox Park, as a necessary element of the
Environmental and Conservation Element of the General Plan and even identifies Tarbox Park as a
representative facility. The playground equipment is consistent with the City’s General Plan , and if
approved, will continue to meet the recreational requirements of additional residents and visitors
resulting from new residential and commercial development.
At their February 13, 2019, meeting, the Community Services Commission approved the
recommendation to amend the previously approved Park Playground and Equipment Replacement
Priority List, to appropriate funding in the amount of $91,000 (including 10% contingency) from the
Park Development Impact Fund, and to present the item to City Council for approval.
Environmental Status:
Not applicable.
Strategic Plan Goal:
Improve quality of life
Attachment(s):
1. November 19, 2018, Approved Park Playground and Equipment Replacement Priority List
RCA and Attachments.
2. Amended Park Playground and Equipment Replacement Priority List.
City of Huntington Beach Printed on 3/13/2019Page 2 of 2
powered by Legistar™41
0,51
,44040/&-ti -Z)
City of Huntington Beach
File #: 18-488
MEETING DATE: 11/19/2018
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: Chris Slama, Interim Director of Community Services
Subject:
Approve the City's Park Playground Equipment Replacement Priority List
Statement of Issue:
Based on a recommendation by the Playground Equipment & Park Maintenance Committee, the
Community Services Commission has approved a playground equipment replacement priority list.
City Council is being asked to approve the priority list based upon the Community Services
Commission recommendation.
Financial Impact:
No specific funding source is being identified at this time. Funding sources will be identified through
future budget processes, available grant funds or donations.
Recommended Action:
Approve the City's park playground equipment replacement priority list, with an emphasis on
playgrounds surfaced with a combination of rubberized material and sand whenever possible, and
apply for applicable grants and other funding sources.
Alternative Action(s):
Do not approve the recommended action and direct staff accordingly.
Analysis:
Currently, there are 77 parks in the City's park system consisting of active, passive, and open space
uses. Of the 77 parks, a total of 65 include tot lots with a total of 450 play units. Play units range
from individual structures, group structures and/or swings. The play units are designed to meet all
safety standards as established by the Consumer Product Safety Commission (CPSC) and
accessibility requirements per Americans with Disabilities Act (ADA). The life expectancy of play
units per industry estimations is an average of 15 years. The Parks, Trees and Landscape (PTL)
Division of Public Works inspects the units for safety on a regular basis and makes repairs when
City of Huntington Beach Page 1 of 3 Printed on 11/15/2018
powered by Leaistarr' 42
File #: 18-488 MEETING DATE: 11/19/2018
possible.
Within the past few years, several parks have received new units through grant funds, such as
Harbour View and Newland Parks, which now have play units that are in good condition. Other parks
such as Clegg-Stacey and Edison Parks have recently received new units due to the failing condition
of the previous units. However, at remaining parks, many of the play units are coming to the end of
their life expectancy and some units will no longer be able to be repaired.
The majority of parks received new equipment utilizing State Park bond funds with the last major
replacement efforts occurring in the late 1990's and early 2000's. The replacements were completed
as major projects and, in both cases, the equipment replacement was conducted based upon a
priority ranking approved by the Commission. Due to the volume of parks and play units, the
Community Services Commission (CSC) approved recommending review of a playground equipment
inventory list to the Playground Equipment & Park Maintenance Committee (PE&PMC) at the
October 11,2017, CSC meeting.
The PE&PMC met several times to discuss PTL's process on inspecting each park and the condition
of the play equipment. The rating sheets from PTL's inspections provided detailed information on
which play equipment needs attention, whether or not the playground meets ADA requirements for
access to the play equipment, as well as an overall rating of poor, fair, and good (Attachment 1).
Based on this information, the PE&PMC directed staff to create a priority list based on which parks
did not meet ADA requirements, parks that are in poor condition, and parks that are of high-use. In
an effort to control costs, the Committee recommended that partial rubber surfacing be installed when
possible as opposed to full rubber surfacing at the playgrounds. The Committee felt that having
partial sand and partial rubber surfacing allowed for different play options for park users. The
PE&PMC also requested staff to provide an estimated cost breakdown for each park to include the
cost of new rubber surfacing to meet ADA requirements, as well as the neighborhood park standard
amenities: one swing set, one unit for the 2-5 year old age group, and one unit for the 5-12 year old
age group. Committee members also toured a playground inspection with PTL to get a better
understanding on the process and requirements for a playground to meet ADA standards.
At the September 27, 2018. PE&PMC meeting, staff presented to the committee a park playground
equipment replacement priority list and packet that included information on each park's condition and
estimated cost breakdown for replacement (Attachments 2 and 3). Should new equipment and
partial rubberized surfacing be installed at all 27 parks listed as priority, the total estimated cost would
be $3,262,174. Please note that previous playground equipment replacement projects have been
phased over several years based on availability of funds. Based on the information provided, the
PE&PMC made the recommendation for Commission to approve the park playground equipment
replacement priority list as presented.
Environmental Status:
The establishment of a park playground equipment replacement priority list is exempt pursuant to
Section 15061(b)(3) of the CEQA Guidelines, which exempts projects where it can be seen with
certainty that there is no possibility that the activity in question may have a significant effect on the
City of Huntington Beach Page 2 of 3 Printed on 11/15/2018
powereo by LeaistarT' 43
File #: 18-488 MEETING DATE: 11/19/2018
environment.
Strategic Plan Goal:
Enhance and maintain infrastructure
Attachment(s):
1. Park Playground Inventory List
2. Park Playground Equipment Replacement Priority List
3. Park Playground Information Sheets
City of Huntington Beach Page 3 of 3 Printed on 11/15/2018
powered by LegistarTM 44
PARK PLAYGROUND INVENTORY LIST
Park
Amberleaf
Arevalos
Baca
Bauer
Beach Playground
Boisa View
Booster
Burke
Bushard
Can
Central Park - Dog Park
Central Park - Lower Lake
Central Park - Slater
Central Park Upper - Picnic Shelters
Circle View
Clegg-Stacey
College View
Conrad
Discovery Well
Drew
fader
Edison
Franklin
Gibbs
Gisler
Glen View
Golden View
Greer
Harbour View
Haven View
Hawes
Helme
Hope View
Irby
Lake
Lake View
Lamb
Langenbeck
Lark View
LeBard
Linear Park (Sunset)
Manning
Marina
Marine View
McCallen
2-5 years 5-12 years
2002 2002
X
2002 2002
2012 2012
2018 2018
2008 2008
X
2008 2008
X
X X
2008 2008
2008 2008
X
2008 2008
2002
X X
2008 2008
2002
2002
X
2008
7008
7008
2017
X X
X X
2008 2008
2007
2008 2008
X
2014 2014
X
7008 2008
2008
2008
2008
2008
2008
2008
2008
7002
2002
2015
2015
X
2008
X
X
2008
2008
2008
2002
X
X
5urFacing
Sand
Sand
Combo
Full
Full
Combo
Combo
Combo
Sand
Combo
Full
Combo
Combo
Combo
Sand
Combo
Combo
Full
Sand
Combo
Combo
Sand
Full
Combo
Sand
Combo
Combo
Full
Sand
Combo
Combo
Combo
Combo
Combo
Combo
Full
Sand
Combo
Sand
Combo
Combo
Combo
Sand
Wood chips
Swings Freestanding Missing Equipment
Swings
X
X
Bucket swing
X
48" slide
36" curved slide (2-5)
X
48'' tube slide
X
X
Rivets
Swings
Overall Rating Comments
Fair
Fair
Poor PIP needs a lot of patching.
Fair
Good
Fair
Poor
Fair
Fair
Fair
Fair
Poor
Poor
Poor
Fair
Good
Fair
Maintained by HOA
Fair
Fair
Poor 2-5 years sand; 5-12 years combo
Poor
Soon to be re-developed
Pair PIP needs to be patched
Fair
Fair
Fair
Fair (Mix) Good (2-5/5-12) 2-5, 5-12 sand
Good
Fair
Fair
Fair
Fair
Fair
Pair
Fair 2-5 years combo; 5-12 sand
Good
Fair 36'' slide bracket not compliant
Fair Swings need rubber surfacing
Fair
Fair
Fair
Fair
Good
Maintained by Boys & Girls Club
45
Moffett
2008
2008
Combo
Pair
urdy 2008
2008
Combo Good
Newland Park (East)
It
X
Sand
Fair
Newland Park (West)
X
X
Combo Good
Multiple rivets,
challenge walk, double
lighting slide missing
Oa kview
X X
Combo X
handle Poor PIP needs patching
Pattinson X
X
Full
2-5. Pair; 5-12 Poor
Perry 2008
2008
Combo
X
Fair
Peter Green
Pleasant View
Robinwood
Schroeder
Sea b ridge
Seely
Sowers
Sports Complex (North)
Sports Complex (South)
Sun View
Talbert
Tarbox
Terry
Trinidad
Wardlow
X
2002
2002
2002
2008
2008
X
2008
2008
2002
X Full
2002 Sand
2002 Sand
2002
Sand
2908
Sand
2008
Combo
2908
Full
Full
X
Combo
X
Combo
2008
Combo
X
Full
2008
Combo
2008
Combo
2002
Sand
X Missing steering wheel
X
4` oval tube
It
X
48" tube slide
X
X
X
Fair PIP needs to be replaced
Fair
Fair 4 oval tube need to be replaced
Swing hangers and hardware need to
Fair be replaced
Play structure needs to be removed
Poor ASAP
Fair 36" slide bracket not compliant; 2-5 sand; 5-12 combo
Fair
Fair
Fair
2.5 Fair; 5-12 Poor 36" wide slide non compliant bracket
Fair 2-5 combo; 5-12 sand
Fair
Fair Small PIP patch by swings
Fair
Weider 2008 2008 Combo X Transfer station, rivets Fair 36" slide bracket not compliant
Worthy 2017 2017 Pull
Good
46
STAFF RECOMMENDED PARK PLAYGROUND & EQUIPMENT REPLACEMENT PRIORITY LIST
MISSING PARTS
Slated for removal
All play units removed
All play units removed
Swing seats
Large swing seats
PARK
Oak View*
Seabridge*
HCP Lower Lake*
Edison''
Eader l
Bus hard
Circle View
Drew 2
Glen View
Haven View
Langenbeck
LeBard
Newland East
Pleasant View
Robinwood
Schroeder 2
Marine View 2
Arevalos
Lake View 2
Sun View
Seely
Talbert 2
Perry
Booster
HCP Picnic Shelters*
HCP Slater*
Pattinson*
CONDITION
Poor
Poor
Poor
Poor
Poor
Fair
Fair
Fair
Fair
Fair
Fair
Fair
Fair
Fair
Fair
Fair
Good
Fair
Fair
Poor (5-12)
Fair
Fair
Fair
Poor
Poor
Poor
Poor (5-12)
NON ADA
2-5, 5-12, swings
2-5, swings
5-12, swings
5-12
5-12, swings
5-12, swings
5-12
5-12, swings
2-5, 5-12, swings
2-5, 5-12, swings
2-5, 5-12, swings
2-5, 5-12, swings
2-5, 5-12, swings
2-5, 5-12, swings
5-12
5-12
5-12
2-5, swings
5-12, swings
Swings
5-12, swings
ADA
2-5, 5-12, swings
Swings
Swings
5-12
Swings
2-5
2-5
5-12
2-5
2-5, 5-12
5-12, swings
2-5
2-5, 5-12, swings
5-12
Swing seats
Swing seats
Entire swing unit
* HIGH-USE PARK
EMPTY PLAY AREA
1. Empty Node Within Tot Lot
2. Separate Play Area - No Equipment 47
Oak View
17261 Oak Lane
Condition: POOR
High Use: Yes
ADA: Yes
ISSUES:
• Rubber surfacing needs patching.
• Approach steps, transfer stations, hand rails, stairs, climbers rusted and corroded beyond
repair
• Slides cracked
• Hanger clamps broken
• Multiple missing rivets
• All plastic worn with graffiti/etching
Estimated Costs to Replace Existing Playground Equipment incl. Install
1 Swing Set $3,100
2-5 Years $40,000
5 -12 Years $65,000
Estimated Costs for Rubberized Surfacing incl. Install
Partial (950 SF) $29,184
Full (5,521 SF) $169,605
TOTAL COST FOR EQUIPMENT & SURFACING
Partial $137,284
Full $277,705
48
Seabridge
16252 Countess Drive
Condition: POOR
High Use: Yes
ISSUES:
• ADA: No. Needs rubber surfacing.
• All play units have been removed
Estimated Costs to Replace Existing Playground Equipment incl. Install
1 Swing Set $3,100
2-5 Years $40,000
5-12 Years $65,000
Estimated Costs for Rubberized Surfacing incl. Install
Partial (660 SF) $20,275
Full (5,565 SF) $170,959
TOTAL COST FOR EQUIPMENT & SURFACING
Partial $128,375
Full $279,059
49
HCP Lower Lake
18000 Goldenwest St.
Condition: POOR
High Use: Yes
ADA: Yes
ISSUES:
• All play units have been removed
Estimated Costs to Replace Existing Playground Equipment incl. Install
1 Swing Set $3,100
2-5 Years $40,000
5-12 Years $65,000
Estimated Costs for Rubberized Surfacing incl. Install
Partial (921 SF) $28,293
Full (4,157 SF) $127,703
TOTAL COST FOR EQUIPMENT & SURFACING
Partial $136,393
Full $235,803
50
Edison
21377 Magnolia St.
Condition: POOR
High Use: Yes
ADA: Partial
ISSUES:
• Rubber surfacing needed for older units.
• Steps and slides rusted and cracked.
• Bucket swings and hardware damaged.
• Crawl tube flange warped.
Estimated Costs to Replace Existing Playground Equipment incl. Install
1 Swing Set $3,100
2-5 Years $40,000
5-12 Years $65,000
Estimated Costs for Rubberized Surfacing hicl. Install
Partial (890 SF) $27,340
Full (4,567 SF) $140,298
TOTAL COST FOR EQUIPMENT & SURFACING
Partial $135,440
Full $248,398
51
Eader
9281 Banning Ave.
Condition: POOR
High Use: No
ADA: Partial
ISSUES:
• Rubber Surfacing: Needed at 2-5 unit.
• Railings, steps, platforms rusted.
• Tube slides cracked and vandalized.
• Bucket swings and hardward damaged.
52
Estimated Costs to Replace Existing Playground Equipment incl. Install
1 Swing Set $3,100
2-5 Years $40,000
5-12 Years $65,000
Estimated Costs for Rubberized Surfacing incl. Install
Partial (953 SF) $29,276
Full (8,536 SF) $262,225
TOTAL COST FOR EQUIPMENT & SURFACING
Partial $137,376
Full $370,325
53
Bushard
9691 Warburton Drive
Condition: POOR
High Use: No
ISSUES:
• ADA: No. Need rubber surfacing.
• All swing hardware need to be replaced.
• Transfer station rusted/corroded.
• 36" wide slide cracked.
Estimated Costs to Replace Existing Playground Equipment incl. Install
1 Swing Set $3,100
2-5 Years $40,000
5-12 Years $65,000
Estimated Costs for Rubberized Surfacing incl. Install
Partial (327 SF) $10,045
Full (1,928 SF) $59,228
TOTAL COST FOR EQUIPMENT & SURFACING
Partial $118,145
Full $167,328
54
Circle View
15720 Willett Lane
Condition: Fair
High Use: No
ISSUES:
• ADA: No. Needs rubber surfacing.
• Steps rusted/exposed metal.
• 72" corckscrew exposed footing.
Estimated Costs to Replace Existing Playground Equipment incl. Install
1 Swing Set $3,100
2-5 Years $40,000
5-12 Years $65,000
Estimated Costs for Rubberized Surfacing incl. Install
Partial (139 SF) $4,270
Full (1,725 SF) $52,992
TOTAL COST FOR EQUIPMENT & SURFACING
Partial $112,370
Full $161,092
55
Drew
20252 Cape Cottage Lane
Condition: Fair
High Use: No
ISSUES:
• ADA: No. Needs rubber surfacing.
• Transfer station rusted/corroded.
• 36" wide slide cracked.
• 360 slide exposed footing.
Estimated Costs to Replace Existing Playground Equipment incl. Install
1 Swing Set $3,100
2-5 Years $40,000
5-12 Years $65,000
Estimated Costs for Rubberized Surfacing incl. Install
Partial (406 SF) $12,472
Full (2,414 SF) $74,158
TOTAL COST FOR EQUIPMENT & SURFACING
Partial $120,572
Full $182,258
56
Glen View
6721 Glen Drive
Condition: Fair
High Use: No
ISSUES:
• ADA: No. Needs rubber surfacing.
• All belt swings and hardware need to be replaced.
• 48" slide missing.
Estimated Costs to Replace Existing Playground Equipment incl. Install
1 Swing Set $3,100
2-5 Years $40,000
5-12 Years $65,000
Estimated Costs for Rubberized Surfacing incl. Install
Partial (357 SF) $10,967
Full (1,978 SF) $60,764
TOTAL COST FOR EQUIPMENT & SURFACING
Partial $119,067
Full $168,864
57
Haven View
16041 Waikiki Lane
Condition: Fair
High Use: No
ISSUES:
• ADA: No. Needs rubber surfacing.
• 48" tube slide and 36" wide glide slide needs to be replaced.
Estimated Costs to Replace Existing Playground Equipment incl. Install
1 Swing Set $3,100
2-5 Years $40,000
5-12 Years $65,000
Estimated Costs for Rubberized Surfacing incl. Install
Partial (208 SF) $6,389
Full (4,520 SF) $138,854
TOTAL COST FOR EQUIPMENT & SURFACING
Partial $114,489
Full $246,954
58
Langenbeck
8721 Suncoral Drive
Condition: Fair
High Use: No
ISSUES:
• ADA: No. Needs rubber surfacing.
• 360 slide cracked at base.
• Swings need to be replaced.
• Slide pole railing is rusted.
• 48" tube slide cracked.
• 36" slide bracket is non compliant.
Estimated Costs to Replace Existing Playground Equipment incl. Install
1 Swing Set $3,100
2-5 Years $40,000
5-12 Years $65,000
Estimated Costs for Rubberized Surfacing incl. Install
Partial (300 SF) $9,216
Full (2,624 SF) $80,609
TOTAL COST FOR EQUIPMENT & SURFACING
Partial $117,316
Full $188,709
59
LeBard
20461 Craimer Lane
Condition: Fair
High Use: No
ISSUES:
• ADA: No. Needs rubber surfacing.
• 36" slide, 48" slide cracked.
• Transfer stations, slide pole railing and climber rusted and corroded.
Estimated Costs to Replace Existing Playground Equipment incl. Install
1 Swing Set $3,100
2-5 Years $40,000
5-12 Years $65,000
Estimated Costs for Rubberized Surfacing incl. Install
Partial (565 SF) $17,356
Full (8,696 SF) $267,141
TOTAL COST FOR EQUIPMENT & SURFACING
Partial $125,456
Full $375,241
60
Newland East
19702 Topeka Lane
Condition: Fair
High Use: No
ISSUES:
• ADA: No. Needs rubber surfacing.
• 36" slide cracked and rusted.
• Transfer station rusted and corroded.
Estimated Costs to Replace Existing Playground Equipment incl. Install
1 Swing Set $3,100
2-5 Years $40,000
5-12 Years $65,000
Estimated Costs for Rubberized Surfacing incl. Install
Partial (376 SF) $11,550
Full (6,129 SF) $188,282
TOTAL COST FOR EQUIPMENT & SURFACING
Partial $119,650
Full $296,382
61
Pleasant View
16650 Landau Lane
Condition: Fair
High Use: No
ISSUES:
• ADA: No. Needs rubber surfacing.
• 4' oval crawl tube damaged with etching.
• Beanstalk climber bent and rusted.
• Tic tac toe damaged panel.
• 48" and 36" slides cracked.
• Transfer station rusted.
Estimated Costs to Replace Existing Playground Equipment incl. Install
1 Swhig Set $3,100
2-5 Years $40,000
5-12 Years $65,000
Estimated Costs for Rubberized Surfacing incl. Install
Partial (437 SF) $13,424
Full (7,005 SF) $215,193
TOTAL COST FOR EQUIPMENT & SURFACING
Partial $121,524
Full $323,293
62
Robinwood
5180 McFadden Avenue
Condition: Fair
High Use: No
ISSUES:
• ADA: No. Needs rubber surfacing.
• Transfer station rusted and cracked.
• All hardware on swing set needs to be replaced.
_
Estimated Costs to Replace Existing Playground Equipment incl. Install
1 Swing Set $3,100
2-5 Years $40,000
5-12 Years $65,000
Estimated Costs for Rubberized Surfacing incl. Install
Partial (375 SF) $11,520
Full (5,224 SF) $160,481
TOTAL COST FOR EQUIPMENT & SURFACING
Partial $119,620
Full $268,581
63
Schroeder
6231 Cornell Drive
Condition: Fair
High Use: No
ISSUES:
• ADA: No. Needs rubber surfacing.
• Deck rusted.
• 36748" slides and approach steps cracked.
• All hardware on swing set needs to be replaced.
Estimated Costs to Replace Existing Playground Equipment incl. Install
1 Swing Set $3,100
2-5 Years $40,000
5-12 Years $65,000
Estimated Costs for Rubberized Surfacing incl. Install
Partial (774 SF) $23,777
Full (4,932 SF) $151,511
TOTAL COST FOR EQUIPMENT & SURFACING
Partial $131,877
Full $259,611
64
Marine View
17442 Frans Lane
Condition: Good
High Use: No
ISSUES:
• ADA: No. Needs rubber surfacing.
• 36" slide, 48" slide cracked.
• Transfer stations, slide pole railing and climber rusted and corroded.
Estimated Costs to Replace Existing Playground Equipment incl. Install
1 Swing Set $3,100
2-5 Years $40,000
5-12 Years $65,000
Estimated Costs for Rubberized Surfacing incl. Install
Partial (539 SF) $16,558
Full (5,516 SF) $169,451
TOTAL COST FOR EQUIPMENT & SURFACING
Partial $124,658
Full $277,551
65
Arevalos
10441 Shalom Drive
Condition: Fair
High Use: No
ISSUES:
• ADA: No. Needs rubber surfacing.
• Transfer stations rusted and corroded.
Estimated Costs to Replace Existing Playground Equipment incl. Install
1 Swing Set $3,100
2-5 Years $40,000
5-12 Years $65,000
Estimated Costs for Rubberized Surfacing incl. Install
Partial (123 SF) $3,778
Full (885 SF) $27,187
TOTAL COST FOR EQUIPMENT & SURFACING
Partial $111,878
Full $135,287
66
Lake View
1 7461 Zeider Lane
Condition: Fair
High Use: No
ADA: Partial
ISSUES:
• Rubber Surfacing: Needed at 5-12 unit.
• 36" and 48" slides cracked/damaged.
• Transfer station and stair railing rusted.
Estimated Costs to Replace Existing Playground Equipment incl. Install
1 Swing Set $3,100
2-5 Years $40,000
5-12 Years $65,000
Estimated Costs for Rubberized Surfacing incl. Install
Partial (516 SF) $15,851
Full (7,786 SF) $239,203
TOTAL COST FOR EQUIPMENT & SURFACING
Partial $123,951
Full $347,303
67
Sun View
16192 Sher Lane
Condition: Poor
High Use: No
ADA: Partial
ISSUES:
• Rubber Surfacing: Needed at 5-12 unit.
• 36" and 48" slides burned, cracked and damaged.
• Steps and surfaces are worn, chipped and etched.
• Approach steps rusted.
Estimated Costs to Replace Existing Playground Equipment incl. Install
1 Swing Set $3,100
2-5 Years $40,000
5-12 Years $65,000
Estimated Costs for Rubberized Surfacing incl. Install
Partial (400 SF) $12,288
Full (2,295 SF) $70,502
TOTAL COST FOR EQUIPMENT & SURFACING
Partial $120,388
Full $178,602
68
Seely
8711 Surfcrest Drive
Condition: Fair
High Use: No
ADA: Partial
ISSUES:
• Rubber Surfacing: Needed at 2-5 unit. 5-12 needs patching.
• Railing rusted.
• 48" slide cracked.
Estimated Costs to Replace Existing Playground Equipment incl. Install
1 Swing Set $3,100
2-5 Years $40,000
5-12 Years $65,000
Estimated Costs for Rubberized Surfacing incl. Install
Partial (542 SF) $16,650
Full (4,587 SF) $140,912
TOTAL COST FOR EQUIPMENT & SURFACING
Partial $124,750
Full $249,012
69
Talbert
19222 Magnolia Street
Condition: Fair
High Use: No
ADA: Partial
ISSUES:
• Rubber Surfacing: Needed for combo unit.
• 48" tube slide cracked.
• 36" steps, pipe wall barriers and transfer stations rusted.
Estimated Costs to Replace Existing Playground Equipment incl. Install
1 Swing Set $3,100
2-5 Years $40,000
5-12 Years $65,000
Estimated Costs for Rubberized Surfacing incl. Install
Partial (587 SF) $18,032
Full (5,121 SF) $157,317
TOTAL COST FOR EQUIPMENT & SURFACING
Partial $126,132
Full $265,417
70
Perry
8152 Deauville Drive
Condition: Fair
High Use: No
ADA: Partial
ISSUES:
• Rubber Surfacing: Needed for swings.
• Transfer station rusted and broken coating.
• 36" and 48" slides cracked and damaged.
Estimated Costs to Replace Existing Playground Equipment incl. Install
1 Swing Set $3,100
2-5 Years $40,000
5-12 Years $65,000
Estimated Costs for Rubberized Surfacing incl. Install
Partial (958 SF) $29,429
Full (6,426 SF) $197,406
TOTAL COST FOR EQUIPMENT & SURFACING
Partial $137,529
Full $305,506
71
41110111100751ili
Booster
16861 Baruna Lane
Condition: POOR
High Use: No
ADA: Yes
ISSUES:
• Rubber Surfacing: Cracked and uneven from tree roots.
• Transfer station and chain climber rusted and broken coating.
• 36" and 60" slides cracked and damaged.
• Hardware (nuts and bolts) rusted and corroded.
Estimated Costs to Replace Existing Playground Equipment incl. Install
1 Swing Set $3,100
2-5 Years $40,000
5-12 Years $65,000
Estimated Costs for Rubberized Surfacing incl. Install
Partial (1,022 SF) $31,395
Full (2,343 SF) $71,976
TOTAL COST FOR EQUIPMENT & SURFACING
Partial $139,495
Full $180,076
72
HCP Picnic Shelters
18000 Goldenwest St.
Condition: POOR
High Use: Yes
ADA: Yes
ISSUES:
• Leaf climber chipped.
• Platform, hand rails transfer station, approach step, barrier railings rusted.
• 9', 36" and 48" slides rusted.
Estimated Costs to Replace Existing Playground Equipment incl. Install
1 Swing Set $3,100
2-5 Years $40,000
5-12 Years $65,000
Estimated Costs for Rubberized Surfacing incl. Install
Partial (536 SF) $16,465
Full (3,753 SF) $115,292
TOTAL COST FOR EQUIPMENT & SURFACING
Partial $124,565
Full $223,392
73
HCP Slater
18000 Goldenwest St.
Condition: POOR
High Use: Yes
ADA: Yes
ISSUES:
• Steps, 48" and double slides cracked.
• Stair railing, transfer station and approach steps rusted.
Estimated Costs to Replace Existing Playground Equipment incl. Install
1 Swing Set $3,100
2-5 Years $40,000
5-12 Years $65,000
Estimated Costs for Rubberized Surfacing incl. Install
Partial (839 SF) $25,774
Full (3,744 SF) $115,015
TOTAL COST FOR EQUIPMENT & SURFACING
Partial $133,874
Full $223,115
74
Pattinson
6200 Palm Avenue
Condition: POOR
High Use: Yes
ADA: Yes
ISSUES:
• Rubber Surfacing: Needs patching throughout
• Platforms, 36" deck, chains and attachment points rusted.
• Plastic steps needs to be replaced.
• Large tube slide cracked.
Estimated Costs to Replace Existing Playground Equipment incl. Install
1 Swing Set $3,100
2-5 Years $40,000
5-12 Years $65,000
Estimated Costs for Rubberized Surfacing incl. Install
Partial N/A
Full (6,432 SF) $197,591
TOTAL COST FOR EQUIPMENT & SURFACING
Partial N/A
Full $305,691
75
AMENDED PARK PLAYGROUND & EQUIPMENT REPLACEMENT PRIORITY LIST
PARK CONDITION NON ADA ADA MISSING PARTS
1 Oak View*Poor -2-5, 5-12, swings Slated for removal
2 Seabridge*Poor -Swings All play units removed
3 Tarbox Damaged & removed Entire play unit removed
4 HCP Lower Lake*Poor -Swings All play units removed
5 Edison*1 Poor 2-5, 5-12, swings -Swing seats
6 Eader1 Poor 2-5, swings 5-12 Large swing seats
7 Bushard Fair 5-12, swings -
8 Circle View Fair 5-12 -
9 Drew2 Fair 5-12, swings -
10 Glen View Fair 5-12, swings -
11 Haven View Fair 5-12 -
12 Langenbeck Fair 5-12, swings -
13 LeBard Fair 2-5, 5-12, swings -Swing seats
14 Newland East Fair 2-5, 5-12, swings -Swing seats
15 Pleasant View Fair 2-5, 5-12, swings -
16 Robinwood Fair 2-5, 5-12, swings -
17 Schroeder2 Fair 2-5, 5-12, swings -
18 Marine View2 Good 2-5, 5-12, swings -
19 Arevalos Fair 5-12 Swings
20 Lake View2 Fair 5-12 2-5 Entire swing unit
21 Sun View Poor (5-12)5-12 2-5
22 Seely Fair 2-5, swings 5-12
23 Talbert2 Fair 5-12, swings 2-5
24 Perry Fair Swings 2-5, 5-12
25 Booster Poor -5-12, swings
26 HCP Picnic Shelters*Poor 5-12, swings 2-5
27 HCP Slater*Poor -2-5, 5-12, swings
28 Pattinson*Poor (5-12)-5-12
* HIGH-USE PARK
EMPTY PLAY AREA
1. Empty Node Within Tot Lot
2. Separate Play Area - No Equipment
76
City of Huntington Beach
File #:19-304 MEETING DATE:3/18/2019
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Fred A. Wilson, City Manager
PREPARED BY:Robert Handy, Chief of Police
Subject:
Approve Cal OES Violence Against Women Act Grant (LE 18026860) for the 2019 calendar year
Statement of Issue:
The Police Department applied for a grant through the California Governor’s Office of Emergency
Services (Cal OES) to fund our Violence against Women Program. The Police Department was
notified of its award of $203,143. City Council approval is necessary to fully accept the grant from
the State and appropriate the funds. The grant has a three-year funding cycle, with the second year
being January 1, 2019, to December 31, 2019. A subsequent RCA will be submitted for year three
once the funding amount is known.
Financial Impact:
A City match amount of $67,714 is required and has been included in the Police Department’s budget
under the General Fund, Account Number 10070203. The total project cost for the 2019 calendar
year is $270,857 with the grant award offsetting $203,143 in costs. A new appropriation of $203,143
is requested to fully expend the grant.
Recommended Action:
A) Accept the grant between the State of California, Governor’s Office of Emergency Services (Cal
OES) and the City of Huntington Beach; and,
B) Approve an appropriation of $203,143, which is to be fully reimbursed by the grant from Cal OES;
and,
C) Increase the Professional Services authority list to include domestic violence services.
Alternative Action(s):
Do not approve and direct staff accordingly.
Analysis:
The Police Department applied for and was awarded a grant by Cal OES to combat, investigate and
prosecute domestic violence, sexual assault and stalking cases. This is the second year of a three-
year grant cycle. The second-year grant funding is $270,857, which includes the $67,714 match. The
City of Huntington Beach Printed on 3/13/2019Page 1 of 2
powered by Legistar™77
File #:19-304 MEETING DATE:3/18/2019
majority of the grant will pay for the services of two Victim Advocates. The Victim Advocates are
contracted through the Waymakers Victim Assistance Program and Interval House. The remaining
funds will pay for two part-time domestic violence investigators.
This collaboration has been in effect since 1998. Since the inception of the Violence against Women
Project, the Advocates have been continuously funded through a series of grants. The goal of the
program is to help heal families and stop the cycle of violence.
Without this grant, the Police Department would not be able to offer the services of Victim Advocates
to victims of domestic violence. The Advocates work closely with a Police Department investigator to
form a cohesive team to assist victims.
The acceptance of the grant will pay for the collaboration involving the Police Department through
December 31, 2019. The cash match of $67,714 is located within the existing Police Department
General Fund budget. In addition, the agreement with Interval House offers priority shelter for
domestic violence victims and their children from Huntington Beach on a 24-hour basis. The two part
-time investigators assist a full-time detective, allowing the Police Department to investigate domestic
violence incidents in a timely manner, resulting in improved services to victims.
Environmental Status:
Not applicable.
Strategic Plan Goal:
Enhance and maintain public safety
Attachment(s):
1. Cal OES Grant award letter and packet.
City of Huntington Beach Printed on 3/13/2019Page 2 of 2
powered by Legistar™78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
City of Huntington Beach
File #:19-126 MEETING DATE:3/18/2019
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Fred A. Wilson, City Manager
Robin Estanislau, City Clerk
PREPARED BY:Robin Estanislau, CMC, City Clerk
Subject:
Adopt Resolution No. 2019-09 adopting a revised Council Manual digitally compiled to
incorporate policy information previously adopted by resolution, enhance formatting , and
include links to local government resource material
Statement of Issue:
The Council Manual adopted in 1976 and updated by resolution in proceeding years , needs to be
revised. The revised Council Manual presented for approval digitally compiles current policy
information adopted by resolution and other resource material including links to articles published by
the Institute for Local Government (ILG) designed to promote good government. The revised Council
Manual can be uploaded to Council-issued or individually-owned electronic devices for immediate
access to information, and can be updated at any time by resolution.
Financial Impact:
None.
Recommended Action:
Adopt Resolution No. 2019-09, “A Resolution of the City Council of Huntington Beach adopting a
revised Council Manual” that incorporates adopted policy and relevant government resource material
into one living document, superseding all previous versions.
Alternative Action(s):
Do not adopt Resolution No. 2019-09, and provide staff with alternative direction.
Analysis:
On September 20, 1976, the City Council adopted Resolution No. 4330, formally adopting a Council
Manual designed to educate and assist Councilmembers to conduct business in a legal, ethical and
productive manner. The Manual included an outlined table of contents that identified titled chapters
and sections, and included an appendix with supporting documentation (resolutions, written opinions,
procedural publications, etc.).
City of Huntington Beach Printed on 3/13/2019Page 1 of 2
powered by Legistar™95
File #:19-126 MEETING DATE:3/18/2019
Resolution 4330 directed “future amendments to the Council Manual shall be by resolution of the City
Council which shall relate only to the sections amended.” Since that time, Council has adopted
amendments to the Manual by resolution -- some administrative in nature (fixing the time of
meetings, annual adoption of the code of ethics), or to add new sections such as responding to
statewide ballot propositions, establishing guidelines for delegates of the city attending conferences,
procedure for selection of Mayor Pro Tem, and other items.
Staff has experienced challenges to oversee a comprehensive update of the Manual. In late 2018,
staff from the City Manager and City Clerk’s offices met to discuss the disposition of the Manual and
consider a course of action. An intern was assigned to research the existing data files, consider their
relevance to current policy, and compile a newly designed, electronic document that Council could
easily access from their Council-issued or individually owned electronic devices used to view City-
related material. Staff took additional steps to add links to articles published by the Institute for Local
Government (ILG) designed to promote good government.
The revised Council Manual presents existing policy in a new format, and includes up-to-date
resource information (City Charter, 2019 Council Liaison List, 2019 Maddy Act Local Appointments
Lists, and individual conflict of interest maps), as well as access to good governing publications.
The Council Manual is a living document, updated to ensure its contents remain current and relative.
The City Council, at its discretion by resolution, can amend the Manual at any time.
Environmental Status:
Not Applicable.
Strategic Plan Goal:
Non-Applicable - Administrative Item
Attachment(s):
1. Resolution No. 2019-09, “A Resolution of the City Council of Huntington Beach adopting a
revised Council Manual” that incorporates adopted policy and relevant government resource
material into one living document, superseding all previous versions.
2. Resolution No. 2019-09 Exhibit “A” - Revised Council Manual.
3. Resolution No. 4330 adopted September 20, 1976, adopting a Council Manual.
City of Huntington Beach Printed on 3/13/2019Page 2 of 2
powered by Legistar™96
97
98
Table of Contents
CITY OF HUNTINGTON BEACH INFORMATION
Foreward ………...……………………………………………………………………………………………………………………………………..………………...…………4
City Charter ……...……………………………………………………………………………………………………………………………………..………………….…….…5
Organization Chart –Adopted FY 2018/19 Budget…………………….……….……………………….…………………………………….…..…..….28
Council Meetings and Parliamentary Procedure…………………………………………………………………………..………….………..………..…30
The Agenda Process ………………..………………………………………………………………………………………………………………………….…..……...…35
Procedure for Selection of Mayor Pro Tem …………………………..…………………………………….………………….……………………….…..…38
Code of Ethics …………………………………..…………………………………………….………………….………..…………..…………….……….…………....……40
Required Trainings (AB 1234 Ethics; AB 1661 Sexual Harassment Prevention)……………………………………....………….………… 45
Statewide Ballot Propositions, Appeal of Planning Decisions
Guidelines for Representing the City at Conferences or Other Such Meetings..……………………………………………………..52
Appointments to Boards, Commissions and Committees ……………………………………………….......………………..…..………………….60
Statement of Economic Interests – Form 700 Reporting ………………..………………….……………………………………..…………………..72
Conflict of Interest Map ………………………………………………………………………………………………………………………….......…….…………….102
General Rules for Gifts and Honoraria …………………………………..………..………………….……………………………………..……………...…104
New Mayor Protocol Handbook (includes current Council Liaison List) ………………………………….…………….…………….…..…106
ILG RESOURCES
RESPONSIBILITIES AND POWERS
Types and Responsibilities of Local Agencies LINKS TO ARTICLES
Local Agency Powers and Limitations
What are the Sources of Law Affecting Local Agencies
Legislative versus Adjudicative Decision Making
BUDGETING AND FINANCE
The Basics of Municipal Revenues in California
The Financial Management for Elected Officials: Questions to Ask
LEADERSHIP SKILLS
Governing Board Member Strategies
Transparency in Local Government: Protecting Your Community Against Corruption
Tips for Promoting Civility in Public Meetings
99
PUBLIC TRUST & TRANSPARENCY
The Ethics of Speaking One's Mind
The ABCs of Open Government Laws (Brown Act)
Ethics Law Principles for Public Servants: Key Things to Know
MAKING DECISIONS
How Local Agencies Make Things Happen
How Your Agency Counsel Should Advise You When Agency Contracts Represent a Conflict of Interest
LAND USE
The Nuts and Bolts of Project Review
WORKING WITH STAFF
Board/Executive Staff Communications Strategies
Elected Official Direction to Staff
WORKING WITH RESIDENTS AND THE MEDIA
Why Engage the Public?
Media Relations Tips for Newly Elected Officials
Dealing with Emotional Audiences
Social Media and Public Agencies: Legal Issues to be Aware of
Taking the Bite Out of Blogs: Ethics in Cyberspace
WHEN BAD THINGS HAPPEN
Saying Your Sorry
A Leader's Role When Tragedy Strikes
100
Foreward
Honorable Mayor and City Council,
On September 20, 1976, the Huntington Beach City Council adopted Resolution No. 4330, adopting a Council
Manual that provided resource information on a number of processes, duties and responsibilities related to
local government service. The most significant update to the Council Manual occurred in 1989. In recent
years, attempts to update the Council Manual remained unfinished, but in late 2018, the project became a
priority.
In an effort to enhance the experience of our elected officials and provide a wealth of solid, relevant, easily
accessible information, staff is pleased to present the newly revised Council Manual. The Council Manual
begins with items germane to Huntington Beach, and then incorporates a variety of webpage links to public
domain offerings by the Institute for Local Government (ILG). ILG is a nonprofit research and education
affiliate of the League of California Cities and the California State Association of Counties, whose mission is
to promote good government at the local level throughout California. In addition to the linked publications
provided in the Council Manual, videos covering basic Government 101 topics are accessible at www.ca-
ilg.org/post/local-government-basics-videos.
By resolution, the City Council is bound by the rules and processes established hereto. Any information
contained in the Council Manual that conflicts with Federal, State or Huntington Beach law is superseded
by the conflicting law.
The Council Manual is a living document, updated as necessary to ensure its contents remain current and
relevant. Council may request to revise the Council Manual at any time, and staff will present such
requests in the form of a Resolution for Council approval.
The Council Manual will be loaded on City-issued iPads or personal devices used by Council to review
agenda-related material. Staff will make efforts to keep the Council Manual a convenient size, but realizes
that Councilmembers will define its depth and breadth. Any electronic updates made by staff to City-issued
iPads or personal devices used by Council to review agenda-related material will incorporate any and all
annual or Council-directed revisions made to the Council Manual.
It is our hope that the newly revised Council Manual will assist Council to successfully conduct business in a
prescribed, qualified and ethical manner while representing the citizens of Huntington Beach.
Fred Wilson, City Manager Robin Estanislau, CMC, City Clerk
City of Huntington Beach
2000 Main Street ♦ Huntington Beach, CA 92648
(714) 536-5227 ♦ www.huntingtonbeachca.gov
Page 4101
Page 5102
City Charter
Formatting of the original Council Manual adopted in 1976 and revised versions thereafter
outlined language taken directly from the City Charter and referenced section numbers.
This revised Council Manual includes the City Charter in its entirety (attached) as a complete
reference guide that includes the topics outlined in previous versions:
Rules of Office of Councilpersons (Charter § 300)
Duties and Limitations of the City Council (Charter § 301, 303, 304, 307, 308,
311, 313, 400, 401, 403, 405, 500, 602, 603, 604, 608, 610, 615, 616)
Duties of the Mayor (Charter § 303, 305, 613)
Duties of the Mayor Pro Tempore (Charter § 306)
Compensation of Councilpersons (Charter § 302; HBMC § 2.28.010)
Page 6103
City Charter
City of Huntington BeaCH
Incorporated February 17, 1909
Page 7104
City of Huntington Beach City Charter Page 1 of 20
12/6/10
CITY OF HUNTINGTON BEACH
CITY CHARTER
Incorporated, February 17, 1909
(Election February 9, 1909; 94 votes cast for incorporation and 25 votes against)
CHARTER AMENDMENTS
Effective Dates
Charter Election Certified - Res. 773 Results 5/3/37........…………5/17/37
Amendments……………………………………………………..…..2/2/40
Amendments…………………………………………………….….1/29/47
Amendments……………………………………………………..…1/27/49
Amendments……………………………………………………..…..5/9/49
Revised.............................……………………........……………..….5/1/50
New Charter………………………………………………….….….2/10/66
Amendments………………………………………………….….…1/18/71
Amendments………………………………………………….….…..6/5/75
Amendments……………………………………………………....12/10/76
Amendments……………………………………………………..…7/17/78
Amendments..(Consolidation November)……………………..…...12/9/82
Amendments…………………………………………………..……12/7/84
Amendments……………………………………………………..…12/7/90
Amendments……………………………………………………......4/22/02
Revised……..(Certified by the Secretary of State 1/6/11).…….….12/6/10
Page 8105
City of Huntington Beach City Charter Page 2 of 20
12/6/10
CITY CHARTER
TABLE OF CONTENTS
ARTICLE I. INCORPORATION AND POWERS OF THE CITY
Section 100. Name
Section 101. Seal
Section 102. Boundaries
Section 103. Powers of City
Section 104. Construction
Section 105. Intergovernmental Relations
ARTICLE II. FORM OF GOVERNMENT
Section 200. Council-Manager Form of Government
ARTICLE III. ELECTIVE OFFICES
Section 300. City Council, Attorney, Clerk and Treasurer. Terms
Section 301. Powers Vested in City Council
Section 302. Compensation
Section 303. Meetings and Location
Section 304. Quorums, Proceedings and Rules of Order
Section 305. Presiding Officer
Section 306. Mayor Pro Tempore
Section 307. Non-interference with Administration
Section 308. Official Bonds
Section 309. City Attorney. Powers and Duties
Section 310. City Clerk. Powers and Duties
Section 311. City Treasurer. Powers and Duties
Section 312. Vacancies, Forfeitures and Replacement
Section 313. Conflict of Interest, Nepotism
ARTICLE IV. APPOINTIVE OFFICES AND PERSONNEL
Section 400. City Manager. Composition, Term, Eligibility, Removal
Section 401. Powers and Duties
Section 402. Acting City Manager
Section 403. Personnel
Section 404. Retirement System
Section 405. Boards, Commissions and Committees
ARTICLE V. ORDINANCES AND RESOLUTIONS
Section 500. Regular Ordinances. Enactment, Adoption, Publication, Amendment, When
Effective and Codification
Section 501. Emergency Ordinances
Section 502. Resolutions
Section 503. Publishing of Legal Notices
Page 9106
City of Huntington Beach City Charter Page 3 of 20
12/6/10
ARTICLE VI. FISCAL ADMINISTRATION
Section 600. Fiscal Year
Section 601. Annual Budget, Preparation by the City Manager
Section 602. Annual Budget. Submission to the City Council
Section 603. Annual Budget. Public Hearing
Section 604. Annual Budget. Further Consideration and Adoption
Section 605. Annual Budget Appropriations
Section 606. Determination of City Tax Rate
Section 607. Tax Limits
Section 608. Vote Required for Tax Measures
Section 609. Real Estate Transfer Tax
Section 610. Bonded Debt Limit
Section 611. Revenue Bonds
Section 612. Public Utilities and Parks and Beaches
Section 613. Execution of Contracts
Section 614. Contracts on Public Works
Section 615. Granting of Franchises
Section 616. Independent Audit
Section 617. Infrastructure Fund
ARTICLE VII. ELECTIONS
Section 700. General Municipal Elections
Section 701. Special Municipal Elections
Section 702. Procedure for Holding Elections
Section 703. Initiative, Referendum and Recall
Section 704. Nomination Papers
ARTICLE VIII. MISCELLANEOUS
Section 800. Transition
Section 801. Definitions
Section 802. Violations
Section 803. Property Rights Protection Measure
Section 804. Charter Review
Page 10107
City of Huntington Beach City Charter Page 4 of 20
12/6/10
CHARTER
We, the people of the City of Huntington Beach, State of California believe fiscal responsibility and the
prudent stewardship of public funds is essential for confidence in government, that ethics and integrity are
the foundation of public trust and that just governance is built upon these values. Through the enactment
of this Charter as the fundamental law of the City of Huntington Beach under the Constitution of the State
of California, we do hereby exercise the privilege of retaining for ourselves, the benefits of local
government, by enacting the laws, rules, regulations and procedures set forth herein pertaining to the
governance and operation of our City.
It is incumbent upon those who govern and make decisions for and on behalf of the City of Huntington
Beach to legally, as well as morally, abide by the provisions of this Charter, in its strictest sense, to assure
the continued success and well-being of our fair City.
ARTICLE I
INCORPORATION AND POWERS OF THE CITY
Section 100. NAME. The municipal corporation now existing and known as the City of Huntington
Beach shall remain and continue to exist as a municipal corporation under its present name of "City of
Huntington Beach."
Section 101. SEAL. The City shall have an official seal which may be changed from time to time by
ordinance. The present official seal shall continue to be the official seal of the City until changed in the
manner stated.
Section 102. BOUNDARIES. The boundaries of the City shall continue as now established until changed
in the manner authorized by law.
Section 103. POWERS OF CITY. The City shall have the power to make and enforce all laws and
regulations in respect to municipal affairs, subject only to such restrictions and limitations as may be
provided in this Charter or in the Constitution of the State of California.
Section 104. CONSTRUCTION. The general grant of power to the City under this Charter shall be
construed broadly in favor of the City. The specific provisions enumerated in this Charter are intended to
be and shall be interpreted as limitations upon the general grant of power and shall be construed narrowly.
If any provisions of this Charter, or the application thereof to any person or circumstance is held invalid,
the remainder of the Charter and the application of such provision to other persons or circumstances, shall
not be affected thereby.
Section 105. INTERGOVERNMENTAL RELATIONS. The City may exercise any of its powers or
perform any of its functions and may participate in the financing thereof, jointly or in cooperation, by
contract or otherwise, with any one or more states or civil divisions or agencies thereof, or the United
States or any agency thereof.
ARTICLE II
FORM OF GOVERNMENT
Section 200. COUNCIL-MANAGER FORM OF GOVERNMENT. The municipal government
provided by this Charter shall be known as the Council-Manager form of government.
Page 11108
City of Huntington Beach City Charter Page 5 of 20
12/6/10
ARTICLE III
ELECTIVE OFFICES
Section 300. CITY COUNCIL, ATTORNEY, CLERK AND TREASURER. TERMS. The elective
officers of the City shall consist of a City Council of seven members, a City Clerk, a City Treasurer and a
City Attorney, all to be elected from the City at large at the times and in the manner provided in this
Charter and who shall serve for terms of four years and until their respective successors qualify. Subject
to the provisions of this Charter, the members of the City Council in office at the time this Charter takes
effect shall continue in office until the expiration of their respective terms and until their successors are
elected and qualified. Four members of the City Council shall be elected at the general municipal election
held in 1966, and each fourth year thereafter. Three members of the City Council shall be elected at the
general municipal election held in 1968, and each fourth year thereafter. No person shall be elected as a
member of the City Council for more than two consecutive terms and no person who has been a member
for more than two years of a term to which some other person was elected a member shall be elected to
the City Council more than one further consecutive term. Subject to the provisions of this Charter, the
City Clerk, City Treasurer and City Attorney in office at the time this Charter takes effect shall continue
in office until the expiration of their respective terms and the qualification of their successors. A City
Clerk and City Treasurer shall be elected at the general municipal election held in 1968, and each fourth
year thereafter. A City Attorney shall be elected in 1966, and each fourth year thereafter.
The term of each member of the City Council, the City Clerk, the City Treasurer and the City Attorney
shall commence on the first Monday following the certification of the election. Ties in voting among
candidates for office shall be settled by the casting of lots.
If no candidate meets the qualifications for office of the City Clerk, City Treasurer, or City Attorney, the
City Council shall fill that position by appointment until the next municipal general election in which a
qualified candidate is elected.
Section 301. POWERS VESTED IN CITY COUNCIL. All powers of the City shall be vested in the
City Council except as otherwise provided in this Charter.
Section 302. COMPENSATION. The members of the City Council including the Mayor shall receive as
compensation for their services as such a monthly salary in the sum of One Hundred Seventy-five Dollars
per month. In addition, each member of the City Council shall receive reimbursement on order of the City
Council for Council authorized traveling and other expenses when on official duty upon submission of
itemized expense accounts therefor. In addition, members shall receive such reasonable and adequate
amounts as may be established by ordinance, which amounts shall be deemed to be reimbursement to
them of other routine and ordinary expenses, losses and costs imposed upon them by virtue of their
serving as City Councilpersons.
Section 303. MEETINGS AND LOCATION.
(a) Regular Meetings. The City Council shall hold regular meetings at least twice each
month at such time as it shall fix by ordinance or resolution and may adjourn or re-adjourn any regular
meeting to a date and hour certain which shall be specified in the order of adjournment and when so
adjourned each adjourned meeting shall be a regular meeting for all purposes. If the hour to which a
meeting is adjourned is not stated in the order of adjournment, such meeting shall be held at the hour for
holding regular meetings. If at any time any regular meeting falls on a holiday such regular meeting shall
be held on the next business day.
(b) Special Meetings. A special meeting may be called at any time by the Mayor, or by a
majority of the members of the City Council, by written notice to each member of the City Council and to
each local newspaper of general circulation, radio or television station requesting notice in writing. Such
Page 12109
City of Huntington Beach City Charter Page 6 of 20
12/6/10
notice must be delivered personally or by mail at least twenty-four hours before the time of such meeting
as specified in the notice.
The call and notice shall specify the time and place of the special meeting and the business to be
transacted. No other business shall be considered at such meeting. If any person entitled to such written
notice files a written waiver of notice with the City Clerk, it may be dispensed with. This notice
requirement shall be considered fulfilled as to any person who is actually present at the meeting at the
time it convenes. In the event of an emergency affecting the public peace, health or safety, a special
meeting may be called as provided in this section with less than twenty-four hours written notice by the
Mayor Pro Tem in the Mayor's absence or by any member of the City Council in the absence of both the
Mayor and Mayor Pro Tem provided that the nature of the emergency is set forth in the minutes of the
meeting.
(c) Place of Meetings. All regular meetings shall be held in the Council Chambers of the
City or in such place within the City to which any such meeting may be adjourned. If, by reason of fire,
flood or other emergency, it shall be unsafe to meet in the place designated, the meetings may be held for
the duration of the emergency at such place within the City as is designated by the Mayor, or, if he should
fail to act, by a majority of the members of the City Council.
(d) Open Meetings. All regular and special meetings of the City Council shall be open and
public, and all persons shall be permitted to attend such meetings, except that the provisions of this
section shall not apply to executive sessions. Subject to the rules governing the conduct of City Council
meetings, no person shall be denied the right to be heard by the City Council.
(e) Dissemination of Information. The City Council shall adopt rules to ensure thorough
and timely dissemination of information via current technology by resolution.
Section 304. QUORUMS, PROCEEDINGS AND RULES OF ORDER.
(a) Quorum. A majority of the members of the City Council shall constitute a quorum to do
business but a lesser number may adjourn from time to time. In the absence of all the members of the City
Council from any regular meeting or adjourned regular meeting, the City Clerk may declare the same
adjourned to a stated day and hour. The City Clerk shall cause written notice of a meeting adjourned by
less than a quorum or by the City Clerk to be delivered personally or by mail to each Council member at
least twenty-four hours before the time to which the meeting is adjourned, or such notice may be
dispensed with in the same manner as specified in this Charter for dispensing with notice of special
meetings of the City Council.
(b) Proceedings. The City Council shall judge the qualification of its members as set forth
by the Charter. It shall judge all election returns. Each member of the City Council shall have the power
to administer oaths and affirmations in any investigation or proceeding pending before the City Council.
The City Council shall have the power and authority to compel the attendance of witnesses, to examine
them under oath and to compel the production of evidence before it. Subpoenas shall be issued in the
name of the City and be attested by the City Clerk. They shall be served and complied with in the same
manner as subpoenas in civil actions. Disobedience of such subpoenas, or the refusal to testify (upon
other than constitutional grounds), shall constitute a misdemeanor, and shall be punishable in the same
manner as violations of this Charter are punishable. The City Council shall have control of all legal
business and proceedings and all property of the legal department, and may employ other attorneys to
take charge of or may contract for any prosecution, litigation or other legal matter or business.
(c) Rules of Order. The City Council shall establish rules for the conduct of its proceedings
and evict or prosecute any member or other person for disorderly conduct at any of its meetings. Upon
adoption of any ordinance, resolution, or order for payment of money, or upon the demand of any
Page 13110
City of Huntington Beach City Charter Page 7 of 20
12/6/10
member, the City Clerk shall call the roll and shall cause the ayes and noes taken on the question to be
entered in the minutes of the meeting.
Section 305. PRESIDING OFFICER. At the Council meeting at which any Council member is installed
following any general or special municipal election, and at any time when there is a vacancy in the office
of Mayor, the City Council shall meet and shall elect one of its members as its presiding officer, who
shall have the title of Mayor. The Mayor may make and second motions and shall have a voice and vote
in all its proceedings. The Mayor shall be the official head of the City for all ceremonial purposes; shall
have the primary but not the exclusive responsibility for interpreting the policies, programs and needs of
the City government to the people, and as occasion requires, may inform the people of any major change
in policy or program; and shall perform such other duties consistent with the office as may be prescribed
by this Charter or as may be imposed by the City Council. The Mayor shall serve in such capacity at the
pleasure of the City Council.
Section 306. MAYOR PRO TEMPORE. The City Council shall also designate one of its members as
Mayor Pro Tempore, who shall serve in such capacity at the pleasure of the City Council. The Mayor Pro
Tempore shall perform the duties of the Mayor during the Mayor's absence or disability or at the Mayor's
request.
Section 307. NON-INTERFERENCE WITH ADMINISTRATION. Except as otherwise provided in
this Charter, no member of the City Council shall order, directly or indirectly, the appointment by the
City Manager, or by any of the department heads in administrative service of the City, of any person to
any office or employment, or removal therefrom. Except for the purpose of investigation and inquiry, the
members of the City Council shall deal with the administrative service under the jurisdiction of the City
Manager solely through the City Manager, and no member of the City Council shall give orders to any
subordinate of the City Manager, either publicly or privately.
No elected department head or staff of the Office of the elected department head shall be a member of the
management negotiation team for the purposes of negotiations of memorandums of understanding with
the employee bargaining units.
Section 308. OFFICIAL BONDS. The City Council shall fix by ordinance or resolution the amounts and
terms of the official bonds of all officials or employees who are required by this Charter or by ordinance
to give such bonds. All bonds shall be executed by responsible corporate surety, shall be approved as to
form by the City Attorney, and shall be filed with the City Clerk. Premiums on official bonds shall be
paid by the City. A blanket bond may be used if it provides the same protection as the required separate
bond would provide.
In all cases wherein an employee of the City is required to furnish a faithful performance bond, there shall
be no personal liability upon, or any right to recover against, the employee's superior officer or other
officer or employee or the bond of the latter, unless such superior officer, or other officer or employee is a
party to the act or omission, or has conspired in the wrongful act directly or indirectly causing the loss.
Section 309. CITY ATTORNEY. POWERS AND DUTIES. To become and remain eligible for City
Attorney the person elected or appointed shall have graduated from a law school accredited by the
American Bar Association, be an attorney at law, duly licensed as such under the laws of the State of
California, shall have been engaged in the practice of law in this State for at least five years prior to their
election or appointment. The City Attorney shall have the power and may be required to:
(a) Represent and advise the City Council and all City officers in all matters of law
pertaining to their offices.
Page 14111
City of Huntington Beach City Charter Page 8 of 20
12/6/10
(b) Prosecute on behalf of the people any or all criminal cases arising from violation of the
provisions of this Charter or of City ordinances and such state misdemeanors as the City has the power to
prosecute, unless otherwise provided by the City Council.
(c) Represent and appear for the City in any or all actions or proceedings in which the City is
concerned or is a party, and represent and appear for any City officer or employee, or former City officer
or employee, in any or all civil actions or proceedings in which such officer or employee is concerned or
is a party for any act arising out of their employment or by reason of their official capacity.
(d) Attend all regular meetings of the City Council, unless excused, and give their advice or
opinion orally or in writing whenever requested to do so by the City Council or by any of the boards or
officers of the City.
(e) Approve in writing the form of all contracts made by and all bonds and insurance given
to the City.
(f) Prepare any and all proposed ordinances and City Council resolutions and amendments
thereto.
(g) Devote such time to the duties of their office and at such place as may be specified by the
City Council.
(h) Perform such legal functions and duties incident to the execution of the foregoing powers
as may be necessary.
(i) Surrender to their successor all books, papers, files, and documents pertaining to the
City's affairs.
(j) Assist and cooperate with the City Manager consistent with Section 403 of the City Charter.
(k) Provide advice related to compliance with the City Charter to all elected and appointed
officials of the City.
Section 310. CITY CLERK. POWERS AND DUTIES. To become and remain eligible for City Clerk,
the person elected or appointed shall have a Bachelor’s Degree in business, public administration, or a
related field, and hold a certification as a Municipal Clerk or obtain such certification within the first three
years in office. The City Clerk shall have the power and shall be required to:
(a) Attend all meetings of the City Council, unless excused, and be responsible for the
recording and maintaining of a full and true record of all of the proceedings of the City Council in records
that shall bear appropriate titles and be devoted to such purpose.
(b) Maintain separate records, in which shall be recorded respectively all ordinances and
resolutions, with the certificate of the Clerk annexed to each thereof stating the same to be the original or
a correct copy, and as to an ordinance requiring publication, stating that the same has been published or
posted in accordance with this Charter.
(c) Maintain separate records of all written contracts and official bonds.
(d) Keep all records in their possession properly indexed and open to public inspection when
not in actual use.
(e) Be the custodian of the seal of the City.
Page 15112
City of Huntington Beach City Charter Page 9 of 20
12/6/10
(f) Administer oaths or affirmations, take affidavits and depositions pertaining to the affairs
and business of the City and certify copies of official records.
(g) Be ex officio Assessor, unless the City Council, has availed itself, or does in the future
avail itself, of the provisions of the general laws of the State relative to the assessment of property and the
collection of City taxes by county officers, or unless the City Council by ordinance provides otherwise.
(h) Have charge of all City elections.
(i) Perform such other duties consistent with this Charter as may be required by ordinance or
resolution of the City Council.
(j) Assist and cooperate with the City Manager consistent with Section 403 of the City
Charter.
The City Clerk may, subject to the approval of the City Council, appoint such deputy or deputies to assist
them or act for them, at such salaries or compensation as the Council may by ordinance or resolution
prescribe.
Section 311. CITY TREASURER. POWERS AND DUTIES. To become and remain eligible for City
Treasurer, the person elected or appointed shall have a minimum of five years of financial and/or treasury
experience, and have either:
A Master’s Degree in accounting, finance, business, or public administration; or
A Bachelor’s Degree in accounting, finance, business, or public administration with certification
by the California Municipal Treasurer’s Association, or their successor, within three years of election or
appointment.
The City Treasurer shall have the power and shall be required to:
(a) Receive on behalf of the City all taxes, assessments, license fees and other revenues of
the City, or for the collection of which the City is responsible, and receive all taxes or other money
receivable by the City from the County, State or Federal governments, or from any court, or from any
office, department or agency of the City.
(b) Have and keep custody of all public funds belonging to or under control of the City or
any office, department or agency of the City government and deposit or cause to be deposited all funds
coming into their hands in such depository as may be designated by resolution of the City Council, or, if
no such resolution be adopted, then in such depository designated in writing by the City Manager, and in
compliance with all of the provisions of the State Constitution and laws of the State governing the
handling, depositing and securing of public funds.
(c) Pay out moneys only on proper orders or warrants in the manner provided for in this
Charter.
(d) Prepare and submit to the Director of Finance monthly written reports of all receipts,
disbursements and fund balances, and shall file copies of such reports with the City Manager and City
Council.
(e) Perform such other duties consistent with this Charter as may be required by ordinance or
resolution of the City Council.
Page 16113
City of Huntington Beach City Charter Page 10 of 20
12/6/10
(f) Assist and cooperate with the City Manager consistent with Section 403 of the City
Charter.
The City Treasurer may, subject to the approval of the City Council, appoint such deputy or deputies to
assist them or act for them, at such salaries or compensation as the Council may by ordinance or
resolution prescribe.
Section 312. VACANCIES, FORFEITURES AND REPLACEMENT.
(a) Vacancies. A vacancy in the City Council or in any other office designated as elective by
this Charter, from whatever cause arising, shall be filled by appointment by the City Council.
(b) Forfeiture. If a member of the City Council is absent from all regular meetings of the
City Council for a period of thirty consecutive days from and after the last regular City Council meeting
attended by such member, unless by permission of the City Council expressed in its official minutes, th e
office shall become vacant. If an elected City officer pleads guilty or no contest to or is convicted of a
felony or any crime of moral turpitude, or ceases to be an elector of the City, the office shall become
vacant. The City Council shall declare the existence of such vacancy. Any elective officer of the City who
shall accept or retain any other elective public office, except as provided in this Charter, shall be deemed
thereby to have vacated the office under the City Government.
(c) Replacement. In the event it shall fail to fill a vacancy by appointment within sixty days
after such office shall become vacant, the City Council shall forthwith cause an election to be held to fill
such vacancy for the remainder of the unexpired term.
Section 313. CONFLICT OF INTEREST, NEPOTISM.
(a) Conflict of Interest. The City Council shall adopt or approve rules and regulations
regulating conflicts of interest and promoting fair dealing in all City business.
(b) Nepotism. The City Council shall not appoint to a salaried position under the City
government any person who is a relative by blood or marriage within the third degree of any one or more
of the members of such City Council, nor shall the City Manager or any department head or other officer
having appointive power appoint any relative of such person or of any Council member within such
degree to any such position.
This provision shall not affect the employment or promotional status of a person who has attained a
salaried position with the City prior to the existence of a situation contemplated by this provision;
however, Council members or officers with appointive powers in such a situation shall disqualify
themselves from all decisions affecting the employment and promotional status of such person.
ARTICLE IV
APPOINTIVE OFFICES AND PERSONNEL
Section 400. CITY MANAGER. COMPOSITION, TERM, ELIGIBILITY, REMOVAL.
(a) Composition. There shall be a City Manager who shall be the chief administrative officer
of the City.
(b) Term. The City Manager shall be appointed by the affirmative vote of at least a majority
of the members of the City Council and shall serve at the pleasure of the City Council; provided,
however, that the person occupying the office shall not be removed from office except as herein provided.
Page 17114
City of Huntington Beach City Charter Page 11 of 20
12/6/10
(c) Eligibility. The City Manager shall be chosen on the basis of executive and
administrative qualifications, with special reference to actual experience in and knowledge of accepted
practice as regards the duties of the office as herein set forth. No person shall be eligible to be appointed
City Manager or Acting City Manager while serving as a member of the City Council nor within one year
following the termination of membership on the City Council.
(d) Removal. The City Manager shall not be removed from office during or within a period
of ninety days next succeeding any municipal election at which a member of the City Council is elected.
At any other time the City Manager may be removed only at a regular meeting of the City Council and
upon the affirmative vote of a majority of the members of the City Council. At least thirty days prior to
the effective date of removal, the City Manager shall be furnished with a written notice stating the
Council's intentions and, if requested by the City Manager, the reasons therefor. Within seven days after
receipt of such notice, the City Manager may by written notification to the City Clerk request a public
hearing before the City Council, in which event the Council shall fix a time for a public hearing which
shall be held at its regular meeting place before the expiration of the thirty-day period above referred to.
The City Manager shall appear and be heard at such hearing. After furnishing the City Manager with
written notice of the intended removal, the City Council may suspend the City Manager from duty, but his
compensation shall continue until removal as herein provided. In removing the City Manager, the City
Council shall use its uncontrolled discretion and its action shall be final and shall not depend upon any
particular showing or degree of proof at the hearing, the purpose of which is to allow the City Council and
the City Manager to present to each other and to the public all pertinent facts prior to the final action of
removal.
Section 401. POWERS AND DUTIES. Except as otherwise provided in this Charter, the City Manager
shall be responsible to the City Council for the proper administration of all affairs of the City. Without
limiting this general grant of powers and responsibilities, the City Manager shall have the power and be
required to:
(a) Appoint, promote, demote, suspend or remove department heads, officers and employees
of the City except elective officers and the Chief of Police. The Chief of Police shall not be appointed or
removed until the City Manager shall first have reviewed such appointment or removal with the City
Council and have received approval for such appointment or removal by a majority vote of the full City
Council.
(b) Prepare the budget annually, submit it to the City Council, and be responsible for its
administration upon adoption.
(c) Prepare and submit to the City Council as of the end of each fiscal year, a complete report
on the finances of the City, and annually or more frequently, a current report of the principal
administrative activities of the City.
(d) Keep the City Council advised of the financial condition and future needs of the City and
make such recommendations as may seem desirable.
(e) Maintain a centralized purchasing system for all City offices, departments and agencies.
(f) Prepare, administer and enforce rules and regulations recommended to and adopted by
the City Council governing the contracting for, purchase, inspection, storage, inventory, distribution and
disposal of all supplies, materials and equipment required by any office, department or agency of the City
government.
(g) Be responsible for the compliance by the City with the laws of the State pertaining to the
City, the provisions of this Charter and the ordinances, franchises and rights of the City.
Page 18115
City of Huntington Beach City Charter Page 12 of 20
12/6/10
Subject to policy established by the City Council, exercise control of all administrative offices and
departments of the City and of all appointive officers and employees, and prescribe such general rules and
regulations as deemed necessary or proper for the general conduct of the administrative offices and
departments of the City under their jurisdiction.
(h) Perform such other duties consistent with this Charter as may be required by the City
Council.
Section 402. ACTING CITY MANAGER. During any temporary absence or disability of the City
Manager, the City Manager shall appoint one of the other officers or department heads of the City to
serve as Acting City Manager. In the event the City Manager fails to make such appointment, such
appointment may be made by the City Council.
Section 403. PERSONNEL. In addition to the City Council, a City Clerk, a City Treasurer, a City
Attorney and City Manager, the officers and employees of the City shall consist of such other officers,
assistants, deputies and employees as the City Council may provide by ordinance or resolution. The City
Council shall establish such reasonable compensation and fringe benefits as are appropriate by ordinance
or resolution for such offices, officials and employees except as herein provided.
The City Council shall maintain by ordinance a comprehensive personnel system for the City. The City
Manager and any officers designated as elective by the Charter shall be exempt. The system shall consist
of the establishment of minimum standards of employment and qualifications for the various classes of
employment and procedures to be followed in advancement, demotion, suspension and discharge of
employees included within the system, as the City Council shall determine to be for the best interest of
the public service. The ordinance shall designate the appointive officers and employees who shall be
included within the system. By subsequent ordinances the City Council may amend the system or the list
of appointive officers and employees included within the system. The system shall comply with all other
provisions of this Charter.
It shall be the duty of all department heads, whether appointed or elected, to assist and cooperate with the
City Manager in administering the affairs of the City in the most efficient, fiscally responsible, and
harmonious manner consistent with the duties as prescribed by law, City Charter, or by ordinance.
Section 404. RETIREMENT SYSTEM. The City shall participate in a retirement system.
Section 405. BOARDS, COMMISSIONS AND COMMITTEES. The City Council shall establish such
boards, commissions and committees as are deemed necessary for the orderly functioning of the City. All
such boards, commissions and committees shall report directly to the City Council.
ARTICLE V
ORDINANCES AND RESOLUTIONS
Section 500. REGULAR ORDINANCES. ENACTMENT, ADOPTION, PUBLICATION,
AMENDMENT, WHEN EFFECTIVE AND CODIFICATION.
(a) Enactment. In addition to such other acts of the City Council as are required by this
Charter to be taken by ordinance, every act of the City Council establishing a fine or other penalty, or
granting a franchise, shall be by ordinance. The enacting clause of all ordinances shall be substantially as
follows: "The City Council of the City of Huntington Beach does ordain as follows:" No order for the
payment of money shall be adopted or made at other than a regular or adjourned regular meeting. Upon
introduction, an ordinance shall be read by title only. Unless a higher vote is required by other provision s
of this Charter, the affirmative vote of at least four of the City Council shall be required for the enactment
of any ordinance or for the making or approving of any order for the payment of money. All ordinances
shall be signed by the Mayor and attested by the City Clerk.
Page 19116
City of Huntington Beach City Charter Page 13 of 20
12/6/10
(b) Adoption. A regular ordinance shall be adopted only at a regular or adjourned regular
meeting held no less than five days after its introduction. In the event that any ordinance is altered after its
introduction, it shall be finally adopted only at a regular or adjourned regular meeting held no less than
five days after the date it was so altered. The correction of typographical or clerical errors shall not
constitute the making of an alteration within the meaning of the foregoing sentence.
(c) Publication. The City Clerk shall cause each ordinance to be posted in three places
designated by the City Council within the City and to be published by title with a brief summary at least
once within fifteen days after its adoption in a daily, semiweekly or weekly newspaper, published in the
County or the City and circulated in the City, which is selected by the City Council for that purpose.
Current technology shall be used to ensure the widest possible dissemination.
(d) Amendment. The amendment of any section or subsection of an ordinance may be
accomplished solely by the re-enactment of such section or subsection at length, as amended.
(e) When Effective. Every ordinance shall become effective thirty days from and after the
date of its adoption, except the following, which shall take effect upon adoption:
(1) An ordinance calling or otherwise relating to an election;
(2) An improvement proceeding ordinance adopted under some special law or
procedural ordinance relating thereto;
(3) An ordinance declaring the amount of money necessary to be raised by taxation,
or fixing the rate of property taxation, or levying the annual tax upon property.
(4) An emergency ordinance adopted in the manner provided in this Charter.
(f) Codification. Detailed regulations pertaining to any subject and comprehensive
codifications of valid ordinances may be adopted by reference, with the same effect as an ordinance, in
the manner set forth herein; however, such regulations and codifications need not be published in the
manner required for other ordinances, but not less than three copies thereof shall be filed for use and
examination by the public in the office of the City Clerk prior to adoption. Ordinances codified shall be
repealed as of the effective date of the codification. Amendments to the code shall be enacted by
ordinance.
Section 501. EMERGENCY ORDINANCES. Any ordinance declared by the City Council to be
necessary as an emergency measure for the immediate preservation of the public peace, health, or safety,
and containing a statement of the reasons for its urgency, may be adopted in the manner provided in
Section 500 except that such emergency ordinance may be introduced, enacted and adopted at one and the
same regular or special meeting and shall take effect immediately upon adoption if passed by at least five
affirmative votes. An emergency ordinance shall expire automatically after 120 days.
Section 502. RESOLUTIONS. The City Council may act by resolution or minute order in all actions not
required by this Charter to be taken by ordinance.
Section 503. PUBLISHING OF LEGAL NOTICES. The City Council shall cause to be published all
legal notices and other matters required to be published by law in a daily, semiweekly or weekly
newspaper published in the County or the City and circulated in the City which is selected by the City
Council for that purpose and using current technology. No defect or irregularity in proceedings taken
under this section shall invalidate any publication where it is otherwise in conformity with this Charter or
law or ordinance.
Page 20117
City of Huntington Beach City Charter Page 14 of 20
12/6/10
ARTICLE VI
FISCAL ADMINISTRATION
Section 600. FISCAL YEAR. The fiscal year of the City shall be as set forth by resolution of the City
Council.
Section 601. ANNUAL BUDGET, PREPARATION BY THE CITY MANAGER. At such date as the
City Manager shall determine, each board or commission and each department head shall furnish to the
City Manager, personally, or through the Director of Finance, estimates of the department's, board's or
commission's revenue and expenditures for the ensuing fiscal year, detailed in such manner as may be
prescribed by the City Manager. In preparing the proposed budget, the City Manager shall review the
estimates, hold conferences thereon with the respective department heads, boards or commissions as
necessary, and may revise the estimates as may be deemed advisable.
Section 602. ANNUAL BUDGET. SUBMISSION TO THE CITY COUNCIL. The City Manager
shall submit the proposed budget to the City Council at least thirty days prior to the beginning of each
fiscal year. After reviewing the proposed budget and making such revisions as it may deem advisable, the
City Council shall hold a public hearing thereon at least fifteen days prior to the beginning of each fiscal
year and shall cause to be published a notice thereof not less than ten days prior to said hearing. Copies of
the proposed budget shall be available for inspection by the public in the office of the City Clerk at least
ten days prior to said hearing.
Section 603. ANNUAL BUDGET. PUBLIC HEARING. At the time so advertised or at any time to
which such public hearing shall from time to time be adjourned, the City Council shall hold a public
hearing on the proposed budget, at which interested persons desiring to be heard shall be given such
opportunity.
Section 604. ANNUAL BUDGET. FURTHER CONSIDERATION AND ADOPTION. At the
conclusion of the public hearing the City Council shall further consider the proposed budget and make
any revisions thereof that it may deem advisable and on or before the last day of the fiscal year it shall
adopt the budget with revisions, if any, by the affirmative vote of at least a majority of the total members
of the Council. Upon final adoption, the budget shall be in effect for the ensuing fiscal year. Copies
thereof, certified by the City Clerk, shall be filed with the City Manager, Director of Finance, City
Treasurer and the person retained by the City Council to perform the post audit function, and a further
copy shall be placed, and shall remain on file in the office of the City Clerk where it shall be available for
public inspection. The budget so certified shall be reproduced and copies made available for the use of the
public and of departments, offices and agencies of the City.
Section 605. ANNUAL BUDGET APPROPRIATIONS. From the effective date of the budget, the
several amounts stated therein as proposed expenditures shall be and become appropriated to the several
departments, offices and agencies for the respective objects and purposes therein named; provided,
however, that the City Manager may transfer funds from one object or purpose to another within the same
department, office or agency. All appropriations shall lapse at the end of the fiscal year to the extent that
they shall not have been expended or lawfully encumbered.
At any public meeting after the adoption of the budget, the City Council may amend or supplement the
budget by motion adopted by the affirmative vote of at least a majority of the total members of the City
Council.
Section 606. DETERMINATION OF CITY TAX RATE. The City Council shall prescribe by
ordinance for the assessment, levy and collection of taxes upon property which is taxable for municipal
purposes. If the City Council fails to fix the rate and levy taxes on or before August 31 in any year, the
rate for the next preceding fiscal year shall thereupon be automatically adopted and a tax at such rate shall
be deemed to have been levied on all taxable property in the City for the current fiscal year.
Page 21118
City of Huntington Beach City Charter Page 15 of 20
12/6/10
Section 607. TAX LIMITS.
(a) The City Council shall not levy a property tax for municipal purposes in excess of One
Dollar annually on each One Hundred Dollars of the assessed value of taxable property in the City, except
as otherwise provided in this section, unless authorized by the affirmative vote of a majority of the
electors voting on a proposition to increase such levy at any election at which the question of such
additional levy for municipal purposes is submitted to the electors. The number of years that such
additional levy is to be made shall be specified in such proposition.
(b) There shall be levied and collected at the same time and in the same manner as other
property taxes for municipal purposes are levied and collected, as additional taxes not subject to the above
limitation, if no other provision for payment thereof is made:
1. A tax sufficient to meet all liabilities of the City of principal and interest of all
bonds and judgments due and unpaid, or to become due during the ensuing fiscal
year, which constitute general obligations of the City; and
2. A tax sufficient to meet all obligations of the City for the retirement system in
which the City participates, due and unpaid or to become due during the ensuing
fiscal year.
(c) Special levies, in addition to the above and not subject to the above limitation, may be
made annually, based on City Council approved estimates, for the following specific purposes, but not to
exceed the following respective limits for those purposes for which limits are herein set forth, to wit:
parks and recreation and human services not to exceed $0.20 per One Hundred Dollars; Libraries not to
exceed $0.15 per One Hundred Dollars; promotional interests and cultural affairs not to exceed $0.07 per
One Hundred Dollars; and civil defense and disaster preparedness not to exceed $0.03 per One Hundred
Dollars. The proceeds of any special levy shall be used for no other purpose than that specified.
Section 608. VOTE REQUIRED FOR TAX MEASURES. No tax, property tax, or other measure
whose principal purpose is the raising of revenue, or any increase in the amount thereof, shall be levied,
enacted or established except by ordinance adopted by the affirmative vote of at least five (5) members of
the City Council; provided, however, that any tax levied or collected pursuant to Section 607(b) of this
Charter shall be exempt from the minimum voting requirement of this section.
This section shall not apply to any license, permit, or any other fee or charge whose principal purpose is
to pay or reimburse the City for the cost of performing any regulatory function of the City under its police
power in connection with the City's duty to preserve or maintain the public peace, health, safety and
welfare.
This section shall not apply to any user or service fee or charge provided such fee or charge is directly
related to such use or service, is charged to the user or person receiving such service, and is to pay or
reimburse the City for the costs of providing such use or service.
This section shall not apply to any fee or charge relating to any franchise or proprietary function of the
City.
Section 609. REAL ESTATE TRANSFER TAX. The City Council shall not levy a tax on the transfer
or conveyance of any interest in real property unless authorized by the affirmative vote of a majority of
the electors voting on a proposition submitted to the electors to authorize such tax at a general or special
election.
Page 22119
City of Huntington Beach City Charter Page 16 of 20
12/6/10
Section 610. BONDED DEBT LIMIT. The City shall not incur an indebtedness evidenced by general
obligation bonds which shall in the aggregate exceed the sum of 12 percent of the total assessed valuation,
for purposes of City taxation, of all the real and personal property within the City.
No bonded indebtedness which shall constitute a general obligation of the City may be created unless
authorized by the affirmative vote of the majority required by law of the electors voting on such
proposition at any election at which the question is submitted to the electors.
Section 611. REVENUE BONDS. Bonds which are payable only out of such revenues, other than taxes,
as may be specified in such bonds, may be issued when the City Council by ordinance shall have
established a procedure for the issuance of such bonds. Such bonds, payable only out of revenues, shall
not constitute an indebtedness or general obligation of the City. No such bonds payable out of revenues
shall be issued without the assent of the majority of the voters voting upon the proposition for issuing the
same at an election at which such proposition shall have been duly submitted to the registered voters of
the City.
It shall be competent for the City to make contracts and covenants for the benefit of the holders of any
such bonds payable only from revenues and which shall not constitute a general obligation of the City for
the establishment of a fund or funds, for the maintaining of adequate rates or charges, for restrictions
upon further indebtedness payable out of the same fund or revenues, for restrictions upon transfer out of
such fund, and other appropriate covenants. Money placed in any such special fund for the payment of
principal and/or interest on any issue of such bonds or to assure the application thereof to a specific
purpose shall not be expended for any other purpose whatever except for the purpose for which such
special funds were established and shall be deemed segregated from all other funds of the City and
reserved exclusively for the purpose for which such special fund was established until the purpose of its
establishment shall have been fully accomplished.
Section 612. PUBLIC UTILITIES AND PARKS AND BEACHES.
(a) No public utility or park or beach or portion thereof now or hereafter owned or operated
by the City shall be sold, leased, exchanged or otherwise transferred or disposed of unless authorized by
the affirmative votes of at least a majority of the total membership of the City Council and by the
affirmative vote of at least a majority of the electors voting on such proposition at a general or special
election at which such proposition is submitted.
(b) No golf course, driving range, road, building over three thousand square feet in floor area
nor structure costing more than $161,000.00 may be built on or in any park or beach or portion thereof
now or hereafter owned or operated by the City unless authorized by the affirmative votes of at least a
majority of the total membership of the City Council and by the affirmative vote of at least a majority of
the electors voting on such proposition at a general or special election at which such proposition is
submitted after the appropriate environmental assessment, conceptual cost estimate, and reasonable
project description has been completed and widely disseminated to the public. Effective January 1, 2011,
and each year thereafter, the maximum cost will be adjusted by the Consumer Price Index for the Los
Angeles-Riverside-Orange County area.
(c) Section 612(a) and 612(b) shall not apply;
(1) to libraries or piers;
(2) to any lease, franchise, concession agreement or other contract where;
- the contract is to perform an act or provide a service in a public park or beach
AND
- such act was being performed or service provided at the same location prior to
January 1, 1989 AND
Page 23120
City of Huntington Beach City Charter Page 17 of 20
12/6/10
- the proposed lease, franchise, concession agreement or other contract would
not increase the amount of parkland or beach dedicated to or used by the party
performing such act or providing such service.
(3) to above ground public works utility structures under 3,000 square feet;
(4) to underground public works utility structures if park or beach use is not
impeded;
(5) to any public works construction, maintenance or repair mandated by state or
federal law that does not negatively impact recreational opportunities; or
(6) to renewable energy projects that do not negatively impact recreational
opportunities.
(d) If any section, subsection, part, subpart, paragraph, clause or phrase of this amendment,
or any amendment or revision of this amendment, is for any reason held to be invalid or unconstitutional,
the remaining sections, subsections, parts, subparts, paragraphs, clauses or phrases shall not be affected
but shall remain in full force and effect.
Section 613. EXECUTION OF CONTRACTS. Except as hereinafter provided, the City shall be bound
by a contract only if it is made in writing, approved by the City Council and signed on behalf of the City
by the Mayor and City Clerk or by a City officer designated by the City Council and only upon the
direction of the City Council. Exceptions to this procedure are as follows:
(a) By ordinance or resolution the City Council may authorize the City Manager or other
officer to bind the City, with or without a written contract, for the acquisition of equipment, materials,
supplies, labor, services or other items included within the budget approved by the City Council, and may
impose a monetary limit upon such authority.
(b) By ordinance or resolution, the City Council may provide a method for the sale or
exchange of personal property not needed in the City service or not fit for the purpose for which intended,
and for the conveyance of title thereto.
(c) Contracts for the sale of the products, commodities or services of any public utility
owned, controlled or operated by the City may be made by the manager of such utility or by the head of
the department or City Manager upon forms approved by the City Manager and at rates fixed by the City
Council.
Section 614. CONTRACTS ON PUBLIC WORKS. Except as hereinafter expressly provided, every
contract involving an expenditure as set forth by ordinance of the City Council for the construction or
improvement (excluding maintenance and repair) of public buildings, works, streets, drains, sewers,
utilities, parks and playgrounds, and each separate purchase of materials or supplies for the same, where
the expenditure required for such purchase shall exceed the amount set by ordinance, shall be let to the
lowest responsible bidder after notice by publication in accordance with Section 503 by two or more
insertions, the first of which shall be at least ten days before the time for opening bids.
The City Council may reject any and all bids presented and may readvertise in its discretion. After
rejecting bids, or if no bids are received, or without advertising for bids if the total amount of the contract
or project is below the amount set by ordinance, the City Council may declare and determine that in its
opinion, the work in question may be performed better or more economically by the City with its own
employees, or that the materials or supplies may be purchased at lower price in the open market, and after
the adoption of a resolution to this effect by the affirmative vote of a majority of the total members of the
Page 24121
City of Huntington Beach City Charter Page 18 of 20
12/6/10
City Council, it may proceed to have said work done or such materials or supplies purchased in the
manner stated without further observance of the provisions of this section.
All public works contracts exceeding the amount set by ordinance may be let and purchases exceeding the
amount set by ordinance may be made without advertising for bids if such work or the purchase of such
materials or supplies shall be deemed by the City Council to be of urgent necessity for the preservation of
life, health, or property and shall be authorized by at least five affirmative votes of the City Council.
Projects for the extension, replacement or expansion of the transmission or distribution system of any
existing public utility operated by the City or for the purchase of supplies or equipment for any such
project or any such utility may be excepted from the requirements of this section by the affirmative vote
of a majority of the total members of the City Council.
Section 615. GRANTING OF FRANCHISES. The City Council shall by ordinance regulate the
granting of franchises for the City.
Section 616. INDEPENDENT AUDIT. The City Council shall provide for an independent annual audit
of all City accounts and may provide for such more frequent audits as it deems necessary. Such audits
shall be made by a certified public accountant or firm of such accountants who have no personal interest,
direct or indirect, in the fiscal affairs of the City government or any of its officers. The Council may,
without requiring competitive bids, designate such accountant or firm annually provided that the
designation for any particular fiscal year shall be made no later than thirty days after the beginning of
such fiscal year. As soon as practicable after the end of the fiscal year, a final audit and report shall be
submitted by such accountant to the City Council, one copy thereof to be distributed to each member.
Additional copies of the audit shall be placed on file in the office of the City Clerk where they shall be
available for inspection by the general public, and a copy of the financial statement as of the close of the
fiscal year shall be published in the official newspaper.
Section 617. INFRASTRUCTURE FUND.
(a) All revenue raised by vote of the electors or imposed by vote of the City Council on or after
March 5, 2002, by a measure which states that the revenue to be raised is for the purpose of infrastructure,
as said term is defined in this paragraph, shall be placed in a separate fund entitled "Infrastructure Fund."
The term "Infrastructure" shall mean long-lived capital assets that normally are stationary in nature and
normally can be preserved for significantly greater number of years. They include storm drains, storm
water pump stations, alleys, streets, highways, curbs and gutters, sidewalks, bridges, street trees,
landscaped medians, parks, beach facilities, playgrounds, traffic signals, streetlights, block walls along
arterial highways, and all public buildings and public ways. Interest earned on monies in the
Infrastructure Fund shall accrue to that account. Monies in said Fund shall be utilized only for direct costs
relating to infrastructure improvements or maintenance, including construction, design, engineering,
project management, inspection, contract administration and property acquisition. Monies in said Fund
shall not be transferred, loaned or otherwise encumbered for any other purpose.
(b) Revenues placed in the Infrastructure Fund shall not supplant existing infrastructure funding.
The average percentage of general fund revenues utilized for infrastructure improvements and
maintenance, for the five- (5) year period of 1996 to 2001, is and was 14.95%. Expenditures for
infrastructure improvements and maintenance, subsequent to 2001, shall not be reduced below 15% of
general fund revenues based on a five- (5) year rolling average.
(c) 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.
Page 25122
City of Huntington Beach City Charter Page 19 of 20
12/6/10
ARTICLE VII
ELECTIONS
Section 700. GENERAL MUNICIPAL ELECTIONS. General municipal elections shall be held in the
city on the first Tuesday after the first Monday in November in each even-numbered year.
Section 701. SPECIAL MUNICIPAL ELECTIONS. All other municipal elections that may be held by
authority of this Charter, or of any law, shall be known as special municipal elections.
Section 702. PROCEDURE FOR HOLDING ELECTIONS. All elections shall be held in accordance
with the provisions of the Elections Code of the State of California, as the same now exists or hereafter
may be amended, for the holding of municipal elections, so far as the same are not in conflict with this
Charter.
Section 703. INITIATIVE, REFERENDUM AND RECALL. There are hereby reserved to the electors
of the City the powers of the initiative and referendum and of the recall of municipal elective officers.
The provisions of the Elections Code of the State of California, as the same now exists or hereafter may
be amended, governing the initiative and referendum and the recall of municipal officers, shall apply to
the use thereof in the City so far as such provisions of the Elections Code are not in conflict with the
provisions of this Charter.
Section 704. NOMINATION PAPERS. Nomination papers for candidates for elective municipal office
must be signed by not less than twenty nor more than thirty electors of the City.
ARTICLE VIII
MISCELLANEOUS
Section 800. TRANSITION. Elective officers and elective officers whose offices are made appointive of
the City shall continue to hold such offices until the completion of their current terms and the election or
appointment and qualification of their respective successors under this Charter. All boards, commissions
and committees presently in existence shall continue to act in accordance with their original grant of
authority until such time as the City Council adopts appropriate ordinances pertaining to their activities or
for one year, whichever occurs first. All lawful ordinances, resolutions, rules and regulations, and
portions thereof, in force at the time this Charter takes effect and not in conflict or inconsistent herewith,
are hereby continued in force until the same shall have been duly repealed, amended, changed or
superseded by proper authority.
Section 801. DEFINITIONS. Unless the provisions or the context otherwise requires, as used in this
Charter:
(a) "Shall" is mandatory, and "may" is permissive.
(b) "City" is the City of Huntington Beach and "department," "board," "commission,"
"agency," "officer," or "employee" is a department, board, commission, agency, officer or
employee, as the case may be, of the City of Huntington Beach.
(c) "County" is the County of Orange.
(d) "State" is the State of California.
(e) The masculine includes the feminine and the feminine includes the masculine.
(f) The singular includes the plural and the plural the singular.
Page 26123
City of Huntington Beach City Charter Page 20 of 20
12/6/10
(g) "Person" includes firm and corporation.
Section 802. VIOLATIONS. The violation of any provision of this Charter shall be a misdemeanor.
Section 803. PROPERTY RIGHTS PROTECTION MEASURE.
(a) The City shall not enact or enforce any measure which mandates the price or other
consideration payable to the owner in connection with the sale, lease, rent, exchange or other transfer by
the owner of real property. Any such measure is hereby repealed.
(b) The word "mandates" as used in subsection (a) includes any measure taken by ordinance,
resolution, administrative regulation or other action of the City to establish, continue, implement or
enforce any control or system of controls on the price or other terms on which real property in the city
may be offered, sold, leased, rented, exchanged or otherwise transferred by its owner. The words "real
property" as used in subsection (a) refer to any parcel of land or site, either improved or unimproved, on
which a dwelling unit or residential accommodation is or may be situated for use as a home, residence or
sleeping place.
(c) This Section 803 shall not apply to:
(1) any real property which contains serious health, safety, fire or building code
violations, excluding those caused by disasters, for which a civil or criminal
citation has been issued by the City and remains unabated for six months or
longer;
(2) any real property owned by a public entity, and real property where the owner
has agreed by contract with the public entity, including the City and any of its
related agencies, to accept a financial contribution or other tangible benefit
including without limitation, assistance under the Community Redevelopment
Law;
(3) any planning or zoning power of the City as relates to the use, occupancy or
improvement of real property and to any real property which the City or any of
its related agencies may acquire by eminent domain, purchase, grant or donation;
(4) any power of the City to require a business license for the sale or rental of real
property, whether for regulation or general revenue purposes;
(5) any dwelling unit or accommodation in any hotel, motel or other facility when
the transient occupancy of that dwelling unit or accommodation is subject to a
transient occupancy tax; or
(6) to impair the obligation of any contract entered into prior to the enactment of this
Section 803 or otherwise required by State law.
Section 804. CHARTER REVIEW. The City Council shall determine if there is a need to convene a
citizen’s Charter Review Commission to conduct a review of the City Charter no less frequently than
every ten years.
Page 27124
Page 28125
OFFICE OF
BUSINESS
DEVELOPMENT
PUBLIC
WORKS
THE PEOPLE
CITY COUNCIL
Mayor
Mayor Pro-Tem
City Council Members
City of Huntington Beach
Organizational Chart
Adopted Budget –FY 2018/19
Administration &
Building
Management
Engineering
Utilities
Maintenance
Operations
Planning
Neighborhood
Preservation &
Code Enforcement
Permit &
Plan Check
Services
Inspection
Services
Uniform
Administrative
Operations
InvestigationsBudget
Management
Transportation
Facilities &
Development
Recreation,
Human &
Cultural Services
Fire
Prevention
Emergency
Response
Infrastructure
Systems
Public Services &
Community
Outreach
INFORMATION
SERVICES
Fiscal
Services
Customer
Support
Applications &
Database
Support
CITY CLERKCITY
ATTORNEY
CITY
TREASURER
Administration,
Public Support
& Elections
Investments
Cashiering &
Collections
Services
Litigation CITY
MANAGER
COMMUNITY
DEVELOPMENT
FIRE POLICE
Fire
Administration
Marine
Safety
LIBRARY
SERVICES
Labor
Benefits &
Training
Recruitment &
Selection
Risk
Management
General
Services
Records
Management
Accounting
Services
COMMUNITY
SERVICES
ASSISTANT
CITY MANAGER
FINANCE
HUMAN
RESOURCES
Youth Services &
Family
Programming
Technology &
Support
Services
Public Safety
Systems
ENERGYPUBLIC
INFORMATION
Advisory
Administration
V Page 29126
Page 30127
Council Meetings
(All meetings are subject to the Brown Act)
Regular Council Meetings. Regular meetings of the City Council/Public Financing Authority are
held on the first and third Mondays of each month, and typically begin on or preceding the hour
of 4:00 P.M in the Council Chambers. A Study Session is used to present information to Council
for discussion purposes only with no action being taken or Closed Session may be convened
subject to the Brown Act, and may be scheduled prior to the main, public meeting that convenes
at 6:00 P.M. in the Council Chambers. If a regularly scheduled meeting falls on a holiday, the
meeting will be held on the next business day.
Special Council Meetings. Special meetings including meetings to adjourn to Closed Session may
be called by the Mayor or a majority of the members of the Council, and noticed accordingly to
identify the time and place of the special meeting.
Public Input. Each regular meeting shall provide an opportunity for members of the public to
address the Council on items that are within the subject matter jurisdiction of the Council.
Members of the public wishing to speak shall fill out a form provided by the City Clerk, and will
be called to the podium at the appropriate time to provide comments within a 3-minute time
limit. No person may donate his or her time to another speaker. The Mayor, subject to appeal
as a decision of the chair, may establish different time limits for particular issues and individual
speakers.
Parliamentary Procedure
Roberts Rules of Order. In all matters of parliamentary procedure not expressly provided for in
the City Charter or the ordinances or resolutions of the City of Huntington Beach, the procedure
contained in the current edition of Roberts Rules of Order, as it now exists or future revisions
thereof, shall control. Failure to comply with technical procedural rules shall not effect the
Council’s ultimate decision except to the extent the failure violates due process.
Parliamentarian. The City Attorney is parliamentarian for the City Council, and upon the request
of the Mayor or upon his own initiative, shall make rulings on points of parliamentary procedure.
Motions. Motions may be made by any member of the Council and require a second, except when
a second is not required by Roberts Rules of Order. A motion may be withdrawn by the mover
with the consent of the second and in the absence of objection from any other member of the
Council.
The Vote. The vote on all motions shall be by roll call, and recorded by electronic or other means
necessary to record the vote.
Page 31128
Division of Question (“Split Vote”). If the question contains two (2) or more divisible
propositions, the Mayor may, and at the request of any Councilperson shall, divide the question
(also called “split vote”). Example:
1.Waive further reading of ordinance/resolution (requires unanimous vote)
2.Adopt
Tie votes. If a vote results in a tie, the motion fails except that on appellate matters a tie vote on
a motion to sustain the lower body’s decision has the effect of sustaining the decision of the
lower body. A tie vote on a negative motion does not approve the affirmative side of the motion.
Thus, a tie vote on a motion to disapprove or not to do something does not automatically adopt
the opposite. After such tie vote, the question should be made in the affirmative mode.
Rights of Mayor. Each member of Council including the Mayor may make motions, second
motions and vote on motions. The practice of some deliberative bodies where the Chairman does
not vote except to break a tie does not apply to the Council.
Other Actions. Actions which are not required by the City Charter or City ordinances to be in the
form of ordinances or resolutions may be effectuated by minute action.
Minute Actions. In all situations where an action of the Council under the express provisions of
the City Charter or ordinances shall or may be by resolution, a “minute action” of the Council
adopted by at least four (4) affirmative votes shall be deemed a resolution for all purposes, and
such action shall not fail merely because it lacks the form or title of a resolution.
Minute actions require the affirmative votes of a majority of Councilpersons present and voting,
but not less than three (3), except when less than a quorum is present, the lesser number may
adjourn from time to time.
Motion to Reconsider. A motion to reconsider, when appropriate under the Brown Act and
Roberts Rules of Order, may be made at the same meeting or no later than the next regular
meeting if the item is placed on the agenda of the City Council by a Councilperson who voted on
the prevailing side of the motion to which it applies.
•The vote required to adopt a motion to reconsider shall be a simple majority of
Councilpersons present and voting, except that such motion shall require four (4)
affirmative votes in order to reconsider any motion which required four (4) affirmative
votes for adoption.
•A motion to reconsider may be made only once with respect to any motion to which it
applies. However, a motion to reconsider a main motion does not preclude the making of
a motion to which it applies.
Page 32129
• A motion to reconsider a main motion does not preclude the making of a motion to
reconsider the main motion as amended.
• A motion to amend may be reconsidered.
• A motion to reconsider a motion to reconsider is not permitted. The vote on the motion
to reconsider shall be taken at the time the motion to reconsider is made except that the
vote on a motion “to reconsider and enter upon the minutes” shall be taken at the next
regular meeting of the City Council if said minutes are on the agenda.
• The effect of the adoption of a motion to reconsider is to vacate the vote taken on the
motion to which it applies and to present the motion to which it applies to the body for
action as if no vote had been taken on it. The new vote on the motion to which it applies
neither sustains nor overrules such motion because the old vote is vacated, and the new
vote is taken as though no previous vote had been taken.
Vote Required on Appellate Matters. Where action has been taken by a lower body that would
be final if not appealed, such as decisions by the Zoning Administrator or the Planning
Commission, and is subsequently appealed to the higher body, the following procedure applies:
1. If the motion is to sustain the lower body’s decision, a majority of those present and voting
is sufficient (four (4) affirmative votes not required). It is not necessary to make a motion
to overrule. When there is a tie vote, the lower body is sustained. However, if the motion
to sustain gets less than a tie vote, a motion to overrule must be made.
2. If the motion is to overrule the decision of the lower body, four (4) affirmative votes are
required. If there are less than four (4) affirmative votes, the decision of the lower body
is deemed sustained and no further vote is required.
3. If a motion is made to modify the decision of the lower body, two separate steps must be
taken:
a) First, the motion to modify requires four (4) affirmative votes.
b) Second, if the motion to modify is adopted, a motion to sustain the decision of the
lower body as modified requires the same vote as the motion to sustain.
c) A motion to overrule the decision of the lower body, as modified, requires four (4)
affirmative votes. If there are less than four affirmative votes, the decision of the lower
body, as modified, is deemed sustained without further vote.
d) If a motion to modify fails, the next motion is either to sustain or to overrule the
subordinate body.
Page 33130
Doing Business After 11:00 P.M. No meeting shall continue beyond 11:00 P.M. without a
majority vote of the Council (Resolution No. 2015-46).
Page 34131
Page 35132
The Agenda Process
The Agenda Process is a schedule of activities that occur prior to placing an item on the City
Council/Public Financing Authority agenda. In March 2003, Council approved a policy that
provided a timeline for agenda-related activities to facilitate timely compilation and delivery of
the agenda packet to Council, staff, and the public. Agenda activities include creation of a
Request for Council Action (RCA/staff report), and depending upon the type of request, may
require scheduling a public hearing, submitting a Request for Legal Service (RLS) to the City
Attorney (legal review of a document or request to prepare a resolution or ordinance), review of
fiscal impact information by the Finance Department, and others.
All RCAs must be submitted to the City Manager for review and approval. The City Manager may
request department modifications to the RCA, and once approved, the RCA is forwarded to the
City Clerk for additional review for complete materials and final placement on a future agenda.
The City Clerk prepares a draft agenda and presents it to the City Manager, City Attorney,
department heads and select Councilmembers at Agenda Review, a meeting held each Monday
afternoon the week preceding a regularly scheduled City Council meeting. This meeting is
designed to provide staff and the Mayor an opportunity to share information, ask questions or
make recommendations to the agendized items. Agenda Review is also the last day a
Councilmember can place an item on the agenda. Exceptions can be made for a time-sensitive
item that cannot be delayed to a future Council meeting. Items placed on the agenda by
individual Councilmembers will be agendized for future action by the City Manager.
Following Agenda Review, agenda packet material is finalized and electronically compiled into
iLegislate, the application used by Council and staff to review agenda-related materials on City-
issued iPads or personal e-devices. At 5:00 p.m. on the Wednesday preceding a regularly
scheduled City Council meeting, Council is advised by email communication that the e-packet is
accessible and ready for downloading onto their City-issued iPads or personal e-devices.
Following release to Council, agenda material is made visible to staff and the public at
https://huntingtonbeach.legistar.com/Calendar.aspx. If a holiday occurs on the Monday or
Tuesday prior to Wednesday’s scheduled agenda packet release, delivery of packet material to
Council and the public may delayed by one additional day.
Please refer to 2019 City Council Agenda Deadline Schedule (attached) as an outline of the
agenda process schedule for staff and Councilmembers.
Page 36133
2019 AGENDA DEADLINE SCHEDULE
MEETING
DATE
PUBLIC HEARING
NOTICES TO CITY CLERK
19 Days Prior*
WED. 5 PM
ITEMS DUE TO
ADMIN 14 Days
Prior
MON. 5 PM
ITEMS DUE
TO CLERK
WED. 5 PM
AGENDA REVIEW
(H-ITEMS DUE)
MON. 4 PM
PACKET
DELIVERY
WED. 5PM
3 WEEKS BEFORE 2 WEEKS BEFORE WEEK BEFORE
01/22/19 12/31/18 01/02 01/09 01/14 01/16
02/04/19 01/14 01/22 01/24 01/28 01/30
02/19/19 01/29 02/04 02/06 02/11 02/13
03/04/19 02/11 02/19 02/20 02/25 02/27
03/18/19 02/25 03/04 03/06 03/11 03/13
04/01/19 03/11 03/18 03/20 03/25 03/27
04/15/19 03/25 04/01 04/03 04/08 04/10
05/06/19 04/15 04/22 04/24 04/29 05/01
05/20/19 04/29 05/06 05/08 05/13 05/15
06/03/19 05/13 05/20 05/22 05/28 05/29
06/17/19 05/28 06/03 06/05 06/10 06/12
07/01/19 06/10 06/17 06/19 06/24 06/26
07/15/19 06/24 07/01 07/03 07/08 07/10
08/05/19 07/15 07/22 07/24 07/29 07/31
08/19/19 07/29 08/05 08/07 08/12 08/14
09/03/19 08/12 08/19 08/21 08/26 08/28
09/16/19 08/26 09/03 09/04 09/09 09/11
10/07/19 09/16 09/23 09/25 09/30 10/02
10/21/19 09/30 10/07 10/09 10/14 10/16
11/04/19 10/14 10/21 10/23 10/28 10/30
11/18/19 10/28 11/04 11/06 11/11 11/13
12/02/19 11/12 11/18 11/20 11/25 11/27
12/16/19 11/25 12/02 12/04 12/09 12/11
01/21/20 12/30 01/06 01/08 01/13 01/15
Page 37134
Page 38135
Procedure for Selection of Mayor Pro Tem
The procedure for selection of the Mayor Pro Tem, pursuant to Resolution No. 6320, Charter
Sections 305 and 306, shall be as follows:
1. At the City Council meeting following any general or special municipal election at which
any Councilmember is installed, or as soon thereafter as the results of the election are
certified, the Council shall elect a Mayor and a Mayor Pro Tem. In non-election years,
the selection of Mayor and Mayor Pro Tem shall be made at the first regular meeting
held in December.
2. The Mayor and Mayor Pro Tem shall serve terms of one year.
3. The member of the Council serving as Mayor Pro Tem shall become the Mayor upon the
expiration of the seated Mayor’s term.
4. The member of the Council having the longest consecutive City Council service shall
become the Mayor Pro Tem.
a) In the event that two Councilmembers have the same length of service, then the
member who received the greatest number of votes in the last Council election in
which such member was elected shall become Mayor Pro Tem.
b) If any member declines his/her term as it arises in rotation, that member shall
remain in the same place in the rotation cycle as if he/she had served.
c) Any Councilmember who has served as Mayor within the last four years will not be
eligible for election as Mayor Pro Tem.
Page 39136
Page 40137
Code of Ethics
In October 1993, the City Council adopted a City Code of Ethics by ordinance and resolution that
would set a standard of conduct for all elected officials, officers, employees, and members of
advisory boards, commissions, and committees of the City of Huntington Beach.
The most recent revision to the Code of Ethics was approved in November 2016. Resolution No.
2016-73 requires that the City Council, City Departments, and all boards, commissions and
committees are to formally review the Code of Ethics with their members on an annual basis. In
January of each year, the Mayor presents the Code of Ethics to the City Council, and “directs the City
Clerk to record in the official minutes that the City Code of Ethics was presented to the City Council,
City Manager, Chairpersons, and City Department Directors for their review and distribution as
required by Resolution No. 2016-73.”(1)
The Council also finds that “Any official found to be in violation of the Code of Ethics may be subject
to censure by the City Council. Any member of an advisory board, commission or committee found
to be in violation may be subject to dismissal. In the case of an employee, appropriate action shall
be taken by the City Manager or by an authorized designee.”(2)
(1)Resolution 2016-73
(2)Resolution Nos. 6524 (10/93); 6540 (11/93)
Page 41138
City of Huntington Beach
Code of Ethics
Preamble
The citizens of the City of Huntington Beach are entitled to responsible, fair and honest city
government that operates in an atmosphere of respect and civility. Accordingly, the Huntington
Beach City Council, adopts this code to:
1. Describe the standards of behavior to which its leaders and staff aspire.
2. Provide an ongoing source of guidance to elected leaders, city officials and staff in their
day-to-day service to the city.
3. Promote and maintain a culture of ethics.
Pledge
On , the City Council of the City of Huntington Beach adopted a Code of
Ethics, which applies to all City elected or appointed officials, city employees, and members
of its boards, commissions, committees, and task forces and requires the following pledge:
Code of Ethics
Responsibility
• I understand that the community expects me to serve with dignity and respect, as well
as be an agent of the democratic process.
• I avoid actions that might cause the public to question my independent judgment.
• I do not use my office or the resources of the city for personal or political gain.
• I am a prudent steward of public resources and actively consider the impact of my
decisions on the financial and social stability of the city and its citizens.
Fairness
• I promote consistency, equity and non-discrimination in public agency decision-making.
• I make decisions based on the merits of an issue, including research and facts.
• I encourage diverse public engagement in our decision-making processes and support
the public's right to know.
Respect
• I treat my fellow city officials, staff, commission members and the public with patience,
courtesy, civility, and respect, even when we disagree on what is best for the
community and its citizens.
Honesty
• I am honest with all elected officials, staff, commission members, boards, the public and
others.
• I am prepared to make decisions when necessary for the public's best interest, whether
those decisions are popular or not.
• I take responsibility for my actions, even when it is uncomfortable to do so.
Page 42139
ACKNOWLEDGEMENT PROCESS FOR THE
CITY OF HUNTINGTON BEACH
CODE OF ETHICS
• All current elected and appointed city officials including current members
of all city boards, commissions, committees, and task forces, and all
current city employees will be given a copy of the newly adopted City Code
of Ethics following its adoption on and asked to sign an
acknowledgement form at that time.
THEREAFTER:
• All elected officials of the city will be given a copy of the City Code of
Ethics and asked to sign an acknowledgement form at the time of their
swearing in.
• All new employees of the city will be given a copy of the City Code of
Ethics and asked to sign an acknowledgement form as part of their new
employee orientation.
• Each new member of a city board, commission, committee, or task force
will be given a copy of the City Code of Ethics and asked to sign an
acknowledgement form at their first meeting.
Page 43140
CITY OF HUNTINGTON BEACH
CODE OF ETHICS
ACKNOWLEDGEMENT OF RECEIPT FORM
Name
Title
Board/Department
Date
Signature
Page 44141
Page 45142
Required Trainings for Council Members
AB 1234 – Ethics; AB 1661 – Sexual Harassment Prevention
Ethics Training
In addition to the City Code of Ethics, effective January 1, 2016, each local official of cities,
counties, and special districts in California are mandated by state law to receive at least two
hours of training in general ethics principles and ethics laws relevant to his or her public service
every two years.
The City Attorney's Office runs training sessions in compliance with the requirements of AB 1234
approximately every six months. An online training program by FPPC on a cost-free basis can be
accessed via their website (http://www.fppc.ca.gov/learn/public-officials-and- employees-rules-
/ethics-training.html). The Institute of Local Government (ILG) also offers two, one-hour self-
study exercises as an option for local officials to satisfy AB 1234 requirements.
Sexual Harassment Prevention Training and Education
State law requires all city officials in California to complete at least 2-hours of sexual harassment
prevention training and education if the local agency provides any type of compensation, salary,
or stipend to those officials. This training content includes federal and state statutes outlawing
sexual harassment, solutions available to victims, and “practical examples” to teach officials how
to prevent sexual harassment, discrimination, and retaliation in the workplace.
Thus, City Council member must receive training within the first six months of taking office and
renew at least once every two years. Attendance to this training is aligned with the City’s
commitment to preventing inappropriate conduct at all times and creating a work environment
that is safe, respectful, and free of any types of harassment, discrimination and retaliation.
See Administrative Regulation 412 (attached) for more details.
Training and/or education may be offered internally through the City Attorney’s Office, or by ILG,
nonprofits, or commercial organizations -- please consult with the City Clerk’s office. Costs
related to attend such trainings can be reimbursed by the City.
NOTE: When these trainings are finished, you must print the Certification of Completion (both)
provided at the end of such trainings and submit a copy of the certificate to the City Clerk in a
timely manner.
These laws require the City Clerk to retain training records for five (5) years minimum as these
public records are subject to disclosure under the California Public Records Act, as specified.
Page 46143
Page 47144
Page 48145
Page 49146
Page 50147
Page 51148
Page 52149
Statewide Ballot Propositions
The City Council shall take no stand, either pro or con, with respect to any statewide ballot
proposition. (Resolution 4344 – 10/76)
Appeal of Planning Decisions
A City Council member may appeal a decision of the director, Design Review Board,
Environmental Assessment Committee, Subdivision Committee, Planning Commission or Zoning
Administrator. The appeal shall be processed in the same manner as an appeal by any other
person but need not be accompanied by the fee prescribed for an appeal. (HBMC §248.28)
The City Council member appealing the decision is not disqualified by that action from
participating in the appeal hearing and the deliberations nor from voting as a member of the
reviewing body. (HBMC §248.28)
The time limit for filing the appeal is ten (10) calendar days after the decision. The appeal must
specify in detail the reasons for the appeal, and the hearing is limited to the specific reasons.
Guidelines for Councilpersons representing the
City at conferences or other such meetings
At any conference or other such meeting where the City is represented by one or more
members of the City Council, the following guidelines shall be followed per Resolution 4366-
12/76:
1. Whenever possible, Councilpersons shall represent the City as “instructed delegates by
majority vote of the City Council.”
2. In the event no prior instructions or directions have been given, a poll shall be taken of the
delegates attending such conference, or other such meeting, so that any vote or action
taken by such Councilpersons shall reflect the wishes of a majority of delegates.
3. In the event no prior instructions or directions have been given delegates, or in the event
that the City of Huntington Beach is not represented at a conference or other such meeting,
but the matter at issue is one on which the Orange County League of Cities has taken a
stand concurred in by the City of Huntington Beach, the City Council shall be bound by the
action taken on such issue by the Orange County League of Cities.
Additional guidelines include:
4. Members of the Council should avoid discussion or comment on the City matters at
conferences or other such meetings or on social media, other than as part of the
scheduled program. Discussions where 4 or more City Councilmembers are present could
Page 53150
inadvertently create a “serial meeting” of a majority of the members of the Council in
violation of the Brown Act.
5.Each Councilmember has a travel budget used for expenses when attending conferences
or training. The Council’s Administrative Assistant can verify each year the amount
budgeted for travel, and guidelines for use of funds can be found in Resolution No. 2006-
79 (attached). A per diem allowance is available for each full day of out-of-town travel to
a conference or training, and/or on official business authorized by the Council. If/when a
Councilmember depletes allocated travel funds, additional travel may be funded by
another Councilmember who still has travel funds available.
6.If any more than 3 Councilmembers want to attend the same conference, then seniority
would determine who attends. Seniority is determined by the Councilmember position
with the Mayor having first right of refusal and the immediate past Mayor placed at the
bottom of the list.
Page 54151
Page 55152
Page 56153
Page 57154
Page 58155
Page 59156
Page 60157
Appointments to Boards, Commissions and Committees
When a vacancy occurs for any reason on any board or agency over which Council has
power to fill by appointment, subject to the provisions of the Maddy Act (Government Code
§ 54970), the following procedure shall be used to fill such vacancy:
1.On or before December 31 of each year, the City Clerk shall prepare and bring
before Council for approval the Maddy Act Local Appointments List (attached), that
alerts citizens of vacancies scheduled to occur on regular and ongoing boards,
commissions and committees appointed by Council in the following year.
2.The Local Appointments List will be published and remain on the City’s website for
the entire year, and shall also be posted at bulletin board locations accessible to the
public.
3.When an unscheduled vacancy occurs, a special Notice of Vacancy (NOV) shall be
published and posted not earlier than twenty (20) days before, or not later than
twenty (20) days after, the vacancy occurs. A final appointment shall not be made
for at least ten (10) working days after a posting of vacancy. If Council finds that an
emergency exists, it may fill the vacancy immediately provided that the person
appointed shall serve only on an acting basis until the final appointment is made.
4.The Council shall, as soon as is reasonably possible, fill any such vacancies, but
nothing herein shall be construed to limit its choice to a person who has submitted
an application, as outlined above.
Based on applications received per each board, commission or committee, Council and staff
liaisons will work together to evaluate each applicant’s qualifications, and put forth a
recommendation to the City Council for approval.
Page 61158
City of Huntington Beach
MADDY ACT
LOCAL APPOINTMENTS LIST – 2019
**Revised**
Opportunity for Public Service on
City Boards and Commissions
CITY BOARDS, COMMISSIONS AND COMMITTEES TERMS
WHICH HAVE EXPIRATION DATES OCCURING IN CALENDAR YEAR 2019
This list is prepared to inform members of the community of opportunities to serve on City boards
and commissions and to invite applications from interested parties.
Please note that the following information pertains to openings that will be available in 2019
because of expiration of members’ terms. Very often during the year there will be openings on
boards, commissions and committees because members resign. These openings are posted
separately at the Civic Center and Huntington Central Library, and are listed on the city’s website
at: http://www.surfcity-hb.org/Government/boards_commissions/notice_of_vacancies.cfm.
ROBIN ESTANISLAU, CITY CLERK
Office of the City Clerk
2000 Main Street, 2nd Floor
714-536-5227
Page 62159
MADDY ACT LOCAL APPOINTMENTS LIST - 2019
(Chapter 10, Section 54970, Part 1, Division 2, Title 5 of the Government Code)
The following information provides notification of membership terms on City boards, commissions
and committees due to expire in 2019:
ALLIED ARTS BOARD
(Resignations Occur; See Notices of Vacancies for Potential Openings)
Current Appointee Date of Appointment Date of Expiration
Celeste Hamil 07/15 06/19
Kara Rudin 07/15 06/19
Matt Rudin 07/15 06/19
Catherine Stip 07/15 06/19
ALLIED ARTS BOARD coordinates programs related to the arts within the City providing
recommendations to the City Council on development of the arts and other cultural activities for
the City. It is a nine-member board that meets at 6:00 PM on the 4th Wednesday, every other
month in February, April, June, August, October and December. Meetings are held at the Civic
Center, 2000 Main St. Huntington Beach, CA 92648, Rm B-7. Staff support is provided through
the Community Services Department/Art Center at (714) 374-1663.
Necessary Requirements: City resident 30 days prior to appointment; 18 years of age and
interested in guiding, encouraging and promoting cultural activities in the City.
CHILDREN’S NEEDS TASK FORCE
(Resignations Occur; See Notices of Vacancies for Potential Openings)
Current Appointee Date of Appointment Date of Expiration
Dr. Joslin de Diego 09/17 08/19
Meagan Kensey 09/15 08/19
Dr. Phyllis Lembke 09/15 08/19
Tiffanie Lin 09/17 06/19
Domnique Sardinas 09/17 06/19
Chana Wanock 09/17 08/19
CHILDREN’S NEEDS TASK FORCE develops and implements plans for youth and children
that will ensure the best possible environment for raising children to become successful
members of our community. The Task Force meets the fourth Thursday every other month at
4:00 p.m. in Room B-8 of the Civic Center. Staff support is provided through the Community
Services Department at (714) 374-1583.
Necessary Requirements: Residents or work within the City. Task Force members are
recommended by the City Council liaisons.
Members and Appointments: The Children’s Needs Task Force is made up of thirteen (13)
members and shall consist of a minimum of one student representative and not more than one-
Page 63160
third of the 13 member total allowable membership. Adult members serve a 4-year term up to
two terms. Student members serve a 1-year term up to four terms.
CITIZENS INFRASTRUCTURE ADVISORY BOARD
(Term Limits Not Applicable; See Notices of Vacancies for Potential Openings)
The Charter directs that the City Council establish a CITIZENS INFRASTRUCTURE
ADVISORY BOARD (CIAB) for the oversight of infrastructure. In 2002, the Public Works
Commission became the auditing body. In 2015, an Ordinance was created to establish the
CIAB as required by Charter section 617. Staff support is provided by the Public Works
Department at (714) 375-5070.
Members and Appointments: The CIAB shall be comprised of seven members, to be directly
appointed by members of the City Council.
Note: Appointments to this board must file California Form 700 - "Statement of Economic
Interests."
Necessary Requirements: The Board shall act in an advisory capacity to the City council in
matters pertaining to infrastructure. The Board should meet monthly in the quarter prior to
release of the annual budget.
CITIZENS PARTICIPATION ADVISORY BOARD
(Term Limits Not Applicable; See Notices of Vacancies for Potential Openings)
CITIZEN PARTICIPATION ADVISORY BOARD (CPAB) makes recommendations to the City
Council on eligible activities for the Community Development Block Grant (CDBG) program and
other Housing and Urban Development (HUD) programs annually. Meetings are held on the 1st
Thursday of the month beginning at 6:00 p.m. in Room B-8 of the Civic Center; additional
meetings may be required depending on the number of grant applications received or as other
issues arise. Staff support is provided by the Office of Business Development at (714) 536-5470.
Members and Appointments: CPAB includes seven, individual appointments by the City
Council.
Necessary Requirements: As an advisory board of seven Council-appointed citizens,
members shall have an interest in providing citizen participation and coordination in the City’s
planning processes for the City’s Housing and Urban Development (HUD) programs. Members
shall have an interest in assessing the needs of the community, particularly that of low and
moderate income households, evaluate and prioritize projects pertaining to the required plans,
and provide recommendations to the City Council. Low-income and disadvantaged persons are
encouraged to apply.
COMMUNITY SERVICES COMMISSION
(Term Limits Not Applicable; See Notices of Vacancies for Potential Openings)
COMMUNITY SERVICES COMMISSION reviews and provides recommendations relating to
the city’s parks, beaches, and recreational facilities. The Commission meets the 2nd
Page 64161
Wednesday of each month at 6:00 p.m. in the Council Chambers. Staff support is provided by
the Community Services Department at (714) 536-5434.
Necessary Requirements: City resident, interested in recreational programming and
development of parks.
Members and appointments: The Commission consists of 13 members - seven direct
appointments by individual Council Members to serve a consecutive 4-year term; six direct
school-district appointments to a one-year term. Each elementary, high school and public
community college district having facilities within the City may recommend to the Council, on or
before the third Monday in June of each year, two or more persons, residents of the City of
Huntington Beach, to represent their district. One of said persons shall be appointed by the
Council for a one-year term which will terminate on July 1 the following year. In the event that
any district shall not make such recommendations to the Council by the first day of July, then
the Council may appoint some qualified person to a one-year term to represent such school
district on the Commission.
DESIGN REVIEW BOARD
(Resignations Occur; See Notices of Vacancies for Potential Openings)
Current Appointee Date of Appointment Date of Expiration
There are no Design Review Board member appointees whose term will expire in 2019
The DESIGN REVIEW BOARD reviews design, colors and materials for projects located within
Specific Plan Areas, and areas designated by City Council, City facilities or projects abutting or
adjoining City facilities, projects in or abutting or adjoining OS-PR and OS-S districts, and
General Plan primary and secondary entry nodes. This process ensures that the aesthetic
values of the adopted Urban Design Guidelines are implemented through high quality
architectural style, superior landscaping and compatibility of design with surrounding properties.
The Design Review Board assists the Community Development Director, Zoning Administrator,
and Planning Commission in reviewing development plans and architectural drawings within
designated geographic areas of the City. The Board makes recommendations to the
Community Development Director, Zoning Administrator, and Planning Commission and may
impose conditions or modifications on projects reviewed. The Board meets on the second
Thursday of each month at 3:30 P.M. in Room B-8 located at the Lower Level of City Hall. Staff
support is provided through the Community Development Department at (714) 536-5271.
Note: Appointments to this board must file California Form 700 - "Statement of Economic
Interests."
Necessary Requirements: City resident, at least 18 years of age and interested in guiding,
encouraging and promoting the maintenance of harmonious, compatible, attractive and
aesthetic developments within special and unique areas of the City. Members must have
training, education or work experience in design-related fields including, but not limited to,
architecture, landscaping, art, urban/environmental design and aesthetics.
Page 65162
ENVIRONMENTAL BOARD
(Resignations Occur; See Notices of Vacancies for Potential Openings)
Current Appointee Date of Appointment Date of Expiration
Michael Bourgeault 06/15 06/19
Diana Dehm 03/18 06/19
Ana Rudolf 06/15 06/19
Mark Sheldon 06/15 06/19
Shawn Thompson 04/16 06/19
Debbie Killey 06/15 06/19
Tony Soriano 06/15 06/19
ENVIRONMENTAL BOARD studies and reports on issues related to the environment of the
City of Huntington Beach and investigate all actual and potential threats to a clean environment
for the city and its inhabitants. It is made up of nine members who meet on the 3rd Wednesday
of each month at 6:00 p.m. at the Central Library, Room B. Staff support is provided through
the City Manager’s Office at (714) 536-5265.
Necessary Requirements: City resident and preferably the following: 1) A general interest in
the environment and protecting its quality; 2) An interest in local government and becoming
involved in its operation; 3) Preferably a specific interest in the activities of the Environmental
Board which relate to (a) long range local and regional planning, (b) state and federal
environmental legislation and its impact upon the community, (c) energy conservation, and (d)
solid waste disposal.
FINANCE COMMISSION
(Term Limits Not Applicable; See Notices of Vacancies for Potential Openings)
FINANCE COMMISSION acts in an advisory capacity to the City Council in matters pertaining
to financial planning.
The Finance Commission consists of seven members individually appointed by a member of the
City Council, and serves a concurrent Council term.
The Finance Commission holds regular monthly meetings on the fourth Wednesday of each
month at 5:00 PM in Room B-7 of City Hall. All meetings are open to the public and special
meetings may be called in conformance with the Ralph M. Brown Act. In the event a member
retires or is unable to complete his term, an appointment shall be made to fill the remainder of the
unexpired term. Staff support is provided through the Finance Department at (714) 536-5630.
Note: Appointments to this board must file California Form 700 - "Statement of Economic
Interests."
Necessary Requirements: City resident of the City of Huntington Beach. Commissioners are
appointed by Council.
Page 66163
FOURTH OF JULY EXECUTIVE BOARD
(Term Limits Not Applicable; See Notices of Vacancies for Potential Openings)
FOURTH OF JULY EXECUTIVE BOARD is responsible for the fundraising, coordination and
presentation of the City's annual Fourth of July Celebration, including a parade, fireworks, 5K run
and related entertainment. The board meets monthly on the 1st Wednesday at 6:00 pm year-
round, with two meetings in May and weekly or as-needed meetings in June. The meetings are
held in B-8 on the Lower Level of the Civic Center, 2000 Main Street. Appointments are made on
an as-needed basis. Staff support is provided through the Community Services Department at
(714) 374-5312.
Necessary Requirements: Resident of the City of Huntington Beach.
HARBOR COMMISSION
(Resignations Occur; See Notices of Vacancies for Potential Openings)
Current Appointee Date of Appointment Date of Expiration
To be determined – no term expirations in 2019
HARBOR COMMISSION shall act in an advisory capacity to the City Council on matters pertaining
to the Huntington Beach harbor its beaches, facilities, and parks. The Board is made up of seven
(7) members. The Board meets as needed on the 4th Thursday of each month at 5:00 P.M. at City
Hall, Room B-7 (lower level). Staff support is provided by the Community Services Department at
(714) 536-5292.
Necessary Requirements: Resident of the City of Huntington Beach. Commissioners are
appointed by Council.
HISTORIC RESOURCES BOARD
(Resignations Occur; See Notices of Vacancies for Potential Openings)
Current Appointee Date of Appointment Date of Expiration
Susan Nguyen 07/15 06/19
Joe Santiago 07/15 06/19
David Wentworth, Sr. 07/15 06/19
HISTORIC RESOURCES BOARD provides information to the City Council pertinent to the
conservation and preservation of the City’s historic resources. The Board is made up of 9
members. The Board meets as needed on the 3rd Wednesday of each month at 5:00 P.M. at City
Hall, Room B-7 (lower level). Staff support is provided by the Community Development
Department at (714) 536-5271.
Necessary Requirements: City resident and preferably the following: 1) A general interest in
local history; and, 2) An interest in becoming involved in local government.
Page 67164
HUMAN RELATIONS TASK FORCE
(Resignations Occur; See Notices of Vacancies for Potential Openings)
Current Appointee Date of Appointment Date of Expiration
Angie Dahman 09/13 12/19
Michelle Gale-Nelson 04/16 12/19
Linda MacDonell 01/12 12/19
Natalie Moser 02/17 12/19
Vashia Rhone 12/17 12/19
HUMAN RELATIONS TASK FORCE was initially formed by the City Council in February 1997.
The mission of the Task Force is to promote and celebrate the diversity of our community through
education and understanding. In order to achieve these goals, the Task Force sponsors
community events through the year and serves as a resource to the community in promoting
human dignity and cooperation.
The Task Force is comprised of nine members. The Human Relations Task Force meets on the
1st Tuesday of each month at 6:45 p.m. at the Central Library, Room B. Staff support is provided
by the Huntington Beach Police Department at (714) 536-5903.
Necessary Requirements: Interested in promoting cultural diversity efforts within the
community. Fundraising and public information work experience is beneficial.
INVESTMENT ADVISORY BOARD
(Term Limits Not Applicable; See Notices of Vacancies for Potential Openings)
INVESTMENT ADVISORY BOARD currently consists of seven members. Each City Council
Member shall appoint one member of the Board to serve the same term as the City Council
Member.
The purpose of the Board is to act in an advisory capacity to the City Treasurer and the City
Council in matters pertaining to the financial planning and the City's investments as per
Municipal Code Chapter 2.109.
The IAB meets on a quarterly basis (January, April, July, October) on the third Thursday of the
month at 6:30 PM in Room B-7 of the Huntington Beach Civic Center.
Vacancies: In the event a member retires or is unable to complete his term, an appointment
shall be made to fill the remainder of the unexpired term. Staff support is provided by the City
Treasurer’s Department at (714) 536-5200.
Page 68165
JET NOISE COMMISSION
(Resignations Occur; See Notices of Vacancies for Potential Openings)
Current Appointee Date of Appointment Date of Expiration
To be determined – no term expirations in 2019
JET NOISE COMMISSION (JNC) was formed to monitor issues related to jet noise from
commercial aviation traffic flying over the City, to act as an advisory body to the Council on matters
pertaining to jet noise from commercial aviation traffic over the City, and to engage with
neighboring cities, regulatory bodies, airlines, and staff regarding the impact of air traffic activities
on the quality of life in Huntington Beach.
The Commission shall consist of seven at-large members recommended by two Council liaisons,
and appointed by a majority of the City Council. The Commission shall meet at such time and
place as fixed by resolution. Staff support is provided by City Manager’s Office at (714) 536-5537.
Necessary Requirements: Members shall hold no paid office or employment in the City
government while serving on the JNC.
LIBRARY BOARD
(Resignations Occur; See Notices of Vacancies for Potential Openings)
Current Appointee Date of Appointment Date of Expiration
Sherrie Daugherty 07/15 06/19
Richard Moore 07/15 06/19
Faith Vogel 07/15 06/19
LIBRARY BOARD makes recommendations to the City Council on matters related to the City’s
libraries and library services in areas as deemed necessary by the City Council. It is a seven-
member board that meets on the 3rd Tuesday of each month at 5:00 p.m. in the Central Library
Administrative Conference Room. Staff support is provided by the Library Services Department
at (714) 960-8836.
Necessary Requirements: City resident 30 days prior to appointment and 18 years of age with
an interest in the operation and conduct of city libraries.
MOBILE HOME ADVISORY BOARD
(Resignations Occur; See Notices of Vacancies for Potential Openings)
Current Appointee Date of Appointment Date of Expiration
There are no Mobile Home Advisory Board member appointees whose term will expire in 2019
MOBILE HOME ADVISORY BOARD ensures the quality of life in mobile home parks and
reviews matters concerning mobile home parks in the City of Huntington Beach through healthy
communication with park owners, manufactured home owners, and the City Council. Nine
members, three each as follows: Park representatives, Resident/Owner representatives, and
citizens at-large who have no affiliation or relationship with mobile home parks. They meet
quarterly at 6:00 p.m. on the 4th Monday of the month in January, April, July, and October at a
Page 69166
City Hall (see Agenda for location changes) with special meetings scheduled as needed. Staff
support is provided by the Office of Business Development at (714) 536-5470.
Necessary Requirements: The board consists of nine members: three Huntington Beach
mobile home park owners; three Huntington Beach mobile home resident owners; and, three
Huntington Beach independent citizens at-large who have no affiliation or relationship with
mobile home parks.
PERSONNEL COMMISSION
(Resignations Occur; See Notices of Vacancies for Potential Openings)
Current Appointee Date of Appointment Date of Expiration
Katherine Elford 07/01/2017 06/30/2019
Phillis Lane 07/01/2017 06/30/2019
PERSONNEL COMMISSION acts in an advisory capacity to the City Council and City Manager
on personnel administration, hears appeals on grievance matters and appeals from decisions
related to the employer-employee relations resolution, reviews impasse matters, and performs
other personnel duties and functions as may be requested by the City Council or prescribed by
ordinance or resolution. There are five commission members and meetings take place at 5:30
p.m. on the 3rd Wednesday of each month in Room B-8 of the Civic Center. Staff support is
provided by the Human Resources Department at (714) 960-8828.
Necessary Requirements: City resident for 30 days prior to appointment. Desirable
qualifications are education and work experience in private or public personnel administration.
PLANNING COMMISSION
(Term Limits Not Applicable; See Notices of Vacancies for Potential Openings)
Members and Appointments: The PLANNING COMMISSION includes seven members who
are appointed by the City Council members. Each City Council member appoints one
commissioner to this quasi-judicial body that is empowered by State law and the City Council.
Meeting Times and Dates: The Planning Commission meets on the second and fourth
Tuesday of each month at 7:00 p.m. in the Council Chambers. Study sessions are frequently
held at 5:15 p.m. prior to the meeting in Council Chambers. Agendas are available to the public
the Thursday prior to the meeting.
Note: Appointments to this board must file California Form 700 - "Statement of Economic
Interests."
Vacancies: In the event a member retires or is unable to complete his term, an appointment
shall be made to fill the remainder of the unexpired term. Staff support is provided by the
Community Development Department at (714) 536-5276.
Page 70167
PUBLIC WORKS COMMISSION
(Term Limits Not Applicable; See Notices of Vacancies for Potential Openings)
Members and Appointments: The PUBLIC WORKS COMMISSION consists of seven (7)
members who are residents of the City of Huntington Beach. Each City Councilmember
appoints a member of the Commission to a term that coincides with the City Councilmember's
term. No member may have interest in any contract with the city either during his or her terms or
for a period of one year after cessation of Commission service. All members serve without
compensation, may hold no other office or employment in city government and no other
employment that is incompatible with Commission service.
Meeting Times and Dates: The Public Works Commission holds regular monthly meetings, on
the third Wednesday of each month at 5:00 PM at the Utilities Yard located on 19021
Huntington Street. All meetings are open to the public and special meetings may be called in
conformance with the Ralph M. Brown Act.
Vacancies: In the event a member retires or is unable to compete his term, an appointment
shall be made to fill the remainder of the unexpired term. Staff support is provided by the Public
Works Department at (714) 375-5055.
YOUTH BOARD
(Resignations Occur; See Notices of Vacancies for Potential Openings)
Current Appointee Date of Appointment Date of Expiration
REPRESENTATIVES:
Devin Hughes – EHS 06/01/18 05/31/19
Ella Thomas – HBHS 06/01/18 05/31/19
Tatum Osborne – MHS 06/01/18 05/31/19
Natalie Blazquez – OVHS 06/01/18 05/31/19
AT LARGE MEMBERS:
Trinon Carter – EHS 06/01/18 05/31/19
Samuel Dater – EHS 06/01/18 05/31/19
Amy Zeng – HBHS 06/01/18 05/31/19
Nikki Nadler – MHS 06/01/18 05/31/19
Emma Fisher – OVHS 06/01/18 05/31/19
YOUTH BOARD is a voluntary advisory board to the City Council regarding youth achievement,
problems, and needs. The board represents, involves, and promotes youth participation in
community affairs. The board meets on the 2nd Monday of each month at 3:30 p.m. public
meeting rooms. Note: A separate application is required for review by the City Council
Liaisons. Staff support is provided by the Community Services Department at (714) 374-5312.
Necessary Requirements: All members shall be enrolled in high school and shall be residents
of this city during their service on the board. The Youth Board was formed to promote Council,
city staff and public understanding of the achievements, problems and needs of the city's young
people and under Council direction, to enable young people to participate in various city
activities and make recommendations to the Council, and further to promote and encourage
increased interest and participation among young people in community affairs.
Page 71168
Page 72169
Page 73170
Page 74171
Page 75172
Page 76173
Page 77174
Page 78175
Page 79176
Page 80177
Page 81178
Page 82179
Page 83180
Page 84181
Page 85182
Page 86183
Page 87184
Page 88185
Page 89186
Page 90187
Page 91188
Page 92189
Page 93190
Page 94191
Page 95192
Page 96193
Page 97194
Page 98195
Page 99196
Page 100197
Page 101198
Page 102199
CONFLICT OF INTEREST MAP
Holding Page
Page 103200
Page 104201
General Rules for Gifts and Honoraria1
$10 Lobbyist Gift Limit: Elected officials, including members of the legislature, and legislative
employees may not accept a gift or gifts totaling more than $10 in a calendar month from any
individual who is registered as a lobbyist under state law. The $10 limit also applies to gifts
received by officials and employees of state agencies if their agency is listed on the registration
statement of the lobbyist's employer or firm.
$500 Gift Limit (Effective January 1, 2019 - December 31, 2020): State and local officials and
employees are prohibited from receiving a gift or gifts totaling more than $500 in a calendar year
from certain sources. For elected state officials and many others, the prohibition is applicable to
gifts from any source, although there are exceptions (for example, gifts from family members). For
state and local officials and employees who file Statements of Economic Interests (Form 700s)
under an agency's conflict of interest code, the gift limit is applicable only to individuals and
entities that would have to be disclosed on the Form 700. This gift limit is adjusted for inflation
every odd-numbered year. (Note: Judges are not subject to the Act's gift prohibitions, but are
covered by the Code of Civil Procedure.)
Honoraria: An honorarium is a payment received for making a speech, publishing an article or
attending any public or private conference, convention, meeting, social event, meal or similar
gathering. State and local elected officers and candidates for those offices and all officials holding
positions listed in Government Code Section 87200 are prohibited from receiving honoraria
payments. Likewise, an employee designated under a state or local government agency's conflict
of interest code is prohibited from receiving honoraria payments from any source of gifts or
income the employee is required to report on his or her Statement of Economic Interests (Form
700). Some limited exceptions apply, such as income earned from a bona fide business or
profession.
Exceptions for Travel: Certain payments for travel are excluded from the gift limits and
honoraria prohibition. Refer to the City’s travel reimbursement policy guidelines.
Loan Restrictions: Public officials who are required to file Statements of Economic Interests
(Form 700s) or who are exempt employees may not receive any personal loan aggregating more
than $250 from an official, employee, or consultant of, or from anyone who contracts with, their
governmental agencies. In addition, elected officials may not receive any personal loan
aggregating more than $500 from a single lender unless certain terms of the loan are specified in
writing. Under certain circumstances, a personal loan that is not being repaid or is being repaid
below certain amounts may become a gift to the official who received it.
1 Retrieved from California Fair Political Practices Commission
http://www.fppc.ca.gov/learn/public-officials-and-employees-rules-/gifts-and-honoraria.html. For more information,
please refer to California Government Code Section 89503.
Page 105202
Page 106203
New Mayor Protocol Handbook
The Mayor is the Presiding Officer of the City Council.
The Mayor may make and second motions and shall have both voice and
vote in all Council proceedings.
The Mayor is the ceremonial head of the city and shall have the primary, but
not exclusive, duty to interpret the policies, programs, and needs of city
government to the people.
The Mayor may inform the people of any major change in policy or
program, as necessary.
The Mayor may call special meetings of the City Council.
The Mayor may execute contracts on behalf of the city when the contracts
have been approved by the City Council.
The Mayor shall serve in such capacity at the pleasure of the City Council.*
*City Charter Sections 303, 305, & 613
Page 107204
DAIS SEATING ASSIGNMENTS – Mid November
1.Mayor develops seating chart (based on input from other City Council Members)
2.Protocol has been the Mayor Pro Tem sits to the right of the Mayor and the Past Mayor sits to
the left. The other seats are up to the Mayor and Councilmembers.
3.Final dais seating assignments will be relayed to the City Council Administrative Assistant and
City Clerk.
ARRANGEMENTS FOR OATH OF OFFICE MEETING - 1st Meeting in December
1.Meeting Festivities - Planned by Mayor
a)Refreshments – Cake, punch, and coffee will be ordered by Administration in recognition
of the incoming and outgoing Mayors (Mayor may provide their own cakes)
b)Dinner - Usually a light meal is provided by Administration in Caucus Room (may not
need)
c)Guest Invitations - Handled by Mayor, as desired
d)Meeting Time – Regular session begins at 6:00 PM (no study session)
e)Council Agenda – may include closed sessions, objective is a light agenda
2.Meeting Agenda Order
a)Meet with Community Relations Officer, City Council Administrative Assistant and City
Clerk with outgoing Mayor to review specific agenda order of events for first meeting in
December.
•Incoming Mayor presents a special surfer statue (or other award) to the outgoing
Mayor in appreciation of service
•Outgoing Mayor presents a gavel and wooden box to the new Mayor
•Gifts if the Mayor so chooses are presented by the outgoing Mayor, Council
Members, elected officials (Clerk, Attorney & Treasurer) and City Manager
•Outgoing Council Members given the opportunity to speak
•Outgoing Mayor gives an end of term speech
b)Incoming Mayor’s Speech
c)Meet with City Clerk regarding Robert’s Rules, meeting protocol, etc. (optional)
OFFICE ASSIGNMENTS
1.Relocation to Mayor’s Office
a) Personal items to be moved by Mayor
b)Staff will assist in moving other items
c)Notify City Council Administrative Assistant if furniture is to be moved
IMMEDIATE ITEMS FOR ACTION
Page 108205
2.Assignment of City Council Offices
a)Mayor coordinates office move with incoming Mayor
b)Incoming Mayor coordinates office assignments with new City Council (as required).
Historically, the Mayor is at the far end on the south side of the fourth floor; the Mayor Pro
Tem is next to the Mayor (#6) and offices #4 & 5 are for councilmembers with more
seniority. The offices on the north side of the floor (#1, 2, & 3) are for the newer Council
Members.
c)Notify City Council Administrative Assistant of new office assignments
PARKING SPACE
Public Works staff will change parking signs following the swearing-in ceremony, moving the
immediate past Mayor to the end of the row of City Council parking spaces. This protocol is for
the Mayor to have the first space, the Mayor Pro Tem the second and the remainder of the
parking spaces to be assigned based on the anticipated succession to Mayor and Mayor Pro Tem
as described in Resolution #6320.
ASSIGNMENT OF CITY COUNCIL LIAISONS TO ADVISORY BODIES
1.The assignment of City Council Liaisons is conducted annually by the Mayor and is governed by
Resolution 99-83 (adopted 10/4/99). A summary of the process is described below:
a)In early November, the incoming Mayor distributes a memo asking that each City Council
Member advise him/her on the Council liaison assignments that are of interest to them and
for which they will be available.
b)Council responses are to be submitted to the incoming Mayor about mid-November.
c)Based on the requests received, the incoming Mayor will prepare a preliminary list of
assignment.
d)The Mayor’s preliminary list of assignments will be distributed to all the City Council
Members and the City Clerk at least one week prior to the City Council meeting at which the
appointments are made.
e)Appointments are approved at the 2nd City Council Meeting in December (see current
Council Liaison List, attached).
2.In considering these assignments, it should be noted that the Mayor and Mayor Pro Tem are
assigned to the following bodies as prescribed by originating documents:
a)The Mayor or their designee represents the city at the Orange County City Selection
Committee meetings.
b)The Mayor, Mayor Pro Tem, and most recent Past Mayor are the prescribed members
of the Economic Development Committee and Downtown EDC.
Additionally, the Mayor traditionally participates in the following bodies:
c)Visit Huntington Beach
d)League of California Cities – Orange County City Selection Committee
Page 109206
CITY COUNCIL MEETINGS
1.Presentation of Mayor’s Award
The purpose of the Mayor’s Award is to recognize outstanding employee performance.
Rotation: The award rotates between each of the city departments on a monthly basis and is
presented at a City Council meeting (typically 2nd meeting of month). The only exception is the
month of November when the Mayor recognizes staff members of their choice.
2.Presentations at City Council Meetings
•Requests: All requests should be submitted to the Mayor in writing with a copy to the
Community Relations Officer. Presentations may be requested by department heads,
members of the community, or other City Council Members. All requests must be approved
by the Mayor.
•Schedule: Requests should be made a minimum of two weeks prior to the date of the
City Council meeting and should include contact information for the recipient.
•Confirmation of Presentation(s): The final review of presentations is conducted at
Agenda Review (the Monday preceding the City Council meeting at 4:30 PM).
•Presentation: The Mayor is responsible for presenting and receiving all awards at City
Council meetings. The Mayor may invite other City Council Members and/or staff to
participate with him/her as desired
ONGOING MEETINGS
1.Attendance of Mayor/Mayor Pro Tem at Agenda Review Meeting
The purpose of this meeting is to allow the City Manager to review the items scheduled for the
next City Council meeting with the department heads prior to the printing of the final agenda.
Questions regarding specific items or the order of the items may be discussed here. The Mayor
and/or Mayor Pro Tem attend at their discretion.
Schedule: The Monday prior to each City Council Meeting, B-8, 4:30 pm.
2.City Council Meeting Preparation with the City Manager
The purpose of this meeting is to review the agenda packet materials with the City Manager prior
to the City Council meeting.
Schedule: Occurs sometime between Agenda Packet Delivery and the City Council Meeting
depending on the Mayor’s schedule (to be arranged with City Manager).
MAYORAL FUNCTIONS
Page 110207
LEGISLATIVE POSITIONS
The Intergovernmental Relations Committee (IRC) reviews recommendations from staff and other
agencies on the need for the city to take a position on legislation pending before either the State
or Federal governments. Recommendations of the IRC are taken to the City Council for approval.
The Mayor is authorized to send letters stating the city position on the specified legislation on
behalf of the city to the legislators.
When legislation is moving quickly and requires decisive action, the chair of the IRC, with approval
from the Mayor and the City Manager can take a position on behalf of the city. If the Mayor is
unavailable, the Mayor Pro Tem can act on the Mayor’s behalf. If the Mayor is a member of the
IRC then the chair of the IRC and the Mayor Pro Tem, and the City Manager would make the
decision. When neither the Mayor nor Mayor Pro Tem is available, the senior most member of the
Council can act on their behalf. This position will subsequently be brought to the IRC and the City
Council.
The IRC is also responsible for preliminary review of the city's funding priorities and for working
with State and Federal legislators and the city's lobbyists in seeking funding. To that end, the
Mayor and/or the IRC chair may travel to Washington D.C. and Sacramento each year.
CEREMONIAL FUNCTIONS
Throughout the year, there are a number of ceremonial functions to attend. While the entire City
Council is usually invited to most of these events, the public often anticipates the Mayor’s
presence as the ceremonial head of the city. Generally, there are three types of functions:
•City Functions (i.e. opening of new city facilities and employee or volunteer award lunches,
etc.)
•Community Events (i.e. Miss. Huntington Beach Pageant, Chamber of Commerce Ribbon
Cuttings, Boy Scout Eagle meetings, etc.)
•Other Local, County, and Regional Agencies (Functions of the County or special district i.e.
OCTA, etc.)
1.Mayoral Ceremonial Acceptance Protocol
According to the City Charter, the Mayor is the ceremonial head of the city. Therefore, the Mayor
traditionally represents the city at community events and functions. If the Mayor is not able to
attend a particular function, the City Council’s Administrative Assistant will utilize the following
order in accepting the invitation:
a)Mayor Pro Tem
b)Immediate Past Mayor
c)Remaining City Council Members as directed by the Mayor according to interest
Page 111208
2.Mayoral Ceremonial Absence Protocol
If the Mayor accepts an invitation to any of these events, and later finds that he/she is unable to
attend due to sickness or other reasons, staff will utilize the above protocol for identifying a
replacement. The City Council Administrative Assistant will contact the organization hosting the
event and notify them that the Mayor will be unable to attend due to extenuating circumstances.
3.Proclamations, Certificates of Recognition, & Commendations
a)Purpose of Proclamations, Commendations, Recognitions: To recognize citizens,
individuals, or organizations that have provided outstanding service to the community as
leaders of charitable or business associations or are recognized in the community for
outstanding achievements (i.e. Little League champions)
b)Presentation of: Presented by the Mayor at a City Council Meeting, an off-site ceremony,
or mailed
c)Final Draft: Prepared by the Community Relations Officer prior to signature
d)Signature: Mayor typically signs on behalf of the City Council. At times, the Mayor may
request that the document be signed by the full City Council.
RECOMMENDED INTERGOVERNMENTAL PARTICIPATION
•League of California Cities – The Orange County Division of the Leagues holds monthly
general membership (dinner) meetings. The Mayor and other Council Members have
traditionally been active participants in these meetings as well as the League’s committee
structure.
•The City Selection Committee (A Committee of the 34 Orange County Mayors) meets
monthly in conjunction with the League dinners. This committee has responsibility for
decisions relating to the county as a whole and makes appointments to powerful boards
such as the South Coast Air Quality Management District (SCAQMD), the Orange County
Transportation Authority (OCTA), and the Orange County Local Agency Formation
Commission (LAFCO). It is very important for the Mayor or their designee to attend these
meetings.
TERM EXPIRATION ACTIVITIES
•At Mayor’s discretion, provide gifts to fellow City Council Members, City Treasurer, City
Clerk, City Attorney, City Manager
•Prepare outgoing “Accomplishments” Speech
•Outgoing Mayor presents gavel to incoming Mayor
Staff Contact: Community Relations Officer
Page 112209
APPROVED BY CITY COUNCIL
1.Code of Ethics
In January of each year, the City Council affirms the Council approved Code of Ethics (Code) for all
elected officials, officers, employees and members of advisory boards, commissions, and
committees. The current code requests that all employees and board/commission members sign
an acknowledgement indicating that they received a copy. Specifically, the code states that it
should be reviewed annually by the City Council, as well as by all employees, boards,
commissions, and committees. The Mayor, City Manager, and chairpersons shall be responsible
for accomplishing this review.
Copies of the code, along with the acknowledgement form, will be sent to all department heads,
and board/commission staff liaisons requesting that they review the code with their
employees/members.
EXISTING PRACTICES
1.Board Appreciation or Mayor’s Reception
An appreciation reception for the members of the City Council appointed board and commission
members has been held in the past. If it is an informational meeting, staff will prepare the
appropriate notices and publicize the meeting via a press release and directed mailings. This is
optional and has been funded in the past by the City.
2.Meetings with Chairs of Advisory Boards (optional)
Also at the discretion of the Mayor, meetings may be scheduled between the Mayor and the chairs
of each of the city’s advisory bodies. Some Mayors have opted to schedule individual/small group
meetings with chairs and/or attend a regular meeting of each of the different citizen boards. If
preferable, a round-table meeting can be scheduled with the chairs as a group.
3.Master Calendar of Events
The calendar shown below highlights many of the annual events the Mayor and the City Council
are invited to. The events denoted with an asterisk (*) mark some of the events in which the
Mayor is often invited to address the audience. Other events may only require the Mayor to give
an award or read a proclamation. The purpose of this draft calendar is to alert the Mayor to the
number of events during the upcoming year.
Jan: HB Chamber of Commerce Annual Dinner
Annual Police Department Employee Awards Presentation Ceremony
MAYORAL ACTIVITIES FOR UPCOMING YEAR
Page 113210
Feb: Miss Huntington Beach Scholarship Pageant
Surf City USA Marathon
Washington DC trip to meet with Lobbyists
Mar: Southeast Huntington Beach Neighborhood Association Annual General Meeting
Chamber of Commerce Planning Conference
Lifeguard Tryouts
C.E.R.T. Training Class
Sister City trip to Anjo, Japan (Not City funded)
April: Council on Aging Senior Team (C.O.A.S.T) Volunteer Luncheon Youth
in Government Day
Annual Easter Egg Hunt/Kiwanis
May: Library Volunteers Luncheon
Annual Duck-A-Thon
Memorial Day Service
Soroptimist Awards Dinner
June: Project Self-Sufficiency June Recognition Awards
Literacy Volunteers of America Annual Meeting and Ice Cream Social Concours
d’Elegance
Annual Pier Swim; Junior Lifeguard Program opening day
July: Fourth of July Parade & Activities
Junior Lifeguard Annual Hot Dog BBQ
Friends of Junior Lifeguard Annual Pancake Breakfast
Aug: U.S. Open of Surfing
Sept: Opening of Oktoberfest at Old World Village
Council on Aging Senior Saturday
League of Cities Annual Conference
Patriot’s Day Ceremony
City’s Green Expo
OC Division of the League - Installation
Oct: HB Chamber of Commerce Public Safety Awards Luncheon
Annual Distance Derby
Public Safety Awards Luncheon
Interfaith Council Annual Procession of Lights
Nov: Veteran’s Day Ceremony
Dec: Changing of the Mayor Annual
Economic Conference
Page 114211
Holiday Tree Trimming Festivities
In addition to these, there are other ongoing events. Some of these are also listed below. The
Mayor should decide how he/she would like to respond to these invitations and advise the City
Council Administrative Assistant.
Other Ongoing Activities of Interest
•Citizen’s Police Academy Graduations (As needed – No regular schedule)
•Cub Scouts Blue and Gold Dinners
•Eagle Scouts Courts of Honor
•Kiwanis Meetings
•Rotary Meetings
•Requests for Lunch with the Mayor as a Raffle Prize for Charitable Organizations
(Mayor should advise City Council Administrative Assistant on the number of guests they will
pay for)
OFFICE HOURS
It is recommended that regular office hours be established. This assists staff in scheduling
meetings without the need to contact the Mayor each time a meeting is required. Consideration
should also be given to scheduling a weekly block of time that may be used to meet with the public
or review documents.
RESPONDING TO CITIZEN INQUIRIES
Citizen inquiries are processed through the MyHB online content management system.
RESPONDING TO REQUESTS FOR MEETINGS BY CITIZENS
The following process is currently followed when citizens request meetings with the Mayor and
City Council.
1.Before scheduling a meeting, Administrative staff advises citizen of other available
options, such as:
a)Sending a letter explaining the nature of the issue
b)Speaking directly to the appropriate department staff
If this is not satisfactory to the resident, a meeting is scheduled. The City Council’s
Administrative Assistant is directed to notify the department head of the meeting and schedule
the appropriate staff to meet with the resident.
Note: Meetings are not scheduled if the issue involves matters in litigation, when a claim has been
filed against the city, or when a traffic citation has been issued.
Page 115212
SIGNATURE PROTOCOL
1.The Mayor is required to sign the following documents in person:
a) All County, State, and Federal agreements or documents
b)Documents which must be notarized
2.A signature stamp is currently used for the following items: (per City Council Resolution)
a) All other local documents/agreements approved by City Council
3.Other documents signed by the Mayor:
a)Proclamations, etc. - signed by Mayor and/or full City Council
b)Letters to citizens applying for and receiving a board/commission appointment
c)Specific letters relating to Citizen Inquires
d)Letters on Legislative Positions as directed by City Council/Intergovernmental Relations
Page 116213
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
2019 COUNCIL LIAISON LIST
CITIZEN BOARDS, COMMISSIONS, COMMITTEES, AND TASK FORCES
(Citizen Members Appointed to Four-Year Terms)
Citizen Group Council Liaisons Meeting Date/Place
Allied Arts Board Semeta, Carr 4th Wed., Bi-Monthly, B-7, 6:00 PM (Feb., April, June, August,
Oct., Dec.)
Children's Needs Task Force Brenden, Posey 4th Thurs., B-8, 4:00 PM, Bi-Monthly (Aug, Oct, Dec, Feb, Apr,
June)
Citizen Infrastructure Advisory Board Individual Appointments 5:00 PM, Utilities Yard, 19021 Huntington St.; meets twice per
year
Citizen Participation Advisory Board Individual Appointments 1" Thurs., B-8, 6:00 PM
Community Services Commission Individual Appointments 2°' Wed, Chambers, 6:00 PM
Design Review Board Peterson, Semeta 2°' Thurs, B-8, 3:30 PM
Environmental Board Delgleize, Hardy 3'' Wed., 6:00 PM, Central Library, Room B
Finance Commission Individual Appointments 4th Wed., 5:00 PM (January -October), Room B-8 or B-7
3'' Wed., 5:00 PM (November & December), Caucus Room
Fourth of July Executive Board Peterson, Semeta 1" Wed., B-8, 6:00 PM
Harbor Commission Peterson, Semeta 4th Thurs., Monthly, B-7, 5:00 PM
Historic Resources Board Peterson, Hardy 3'' Wed. Monthly, B-7, 5:00 PM
Human Relations Task Force Hardy, Brenden 1 't Tues, Central Library, Room B, 6:45 PM
Investment Advisory Board Individual Appointments 3'' Thursday (January, April, July, October), Room B-7
6:30 PM
Jet Noise Commission Brenden, Delgleize TBD
Library Board Carr, Hardy 3'' Tues, Central Library, 5:00 PM
Mobile Home Advisory Board Hardy, Delgleize 4th Mon, B-8, 6:00 PM -Quarterly (January, April, July,
October)
Personnel Commission Peterson, Semeta 3'' Wed, B-8, 5:30 PM
Planning Commission Individual Appointments 2°' & 4th Tues; 5:15 PM (B-8); 7:00 PM (Chambers)
Public Works Commission Individual Appointments 3'' Wednesday, Utilities Yard, 5:00 PM
Youth Board Hardy, Carr 2nd Mon, 3:30 PM, 5th Floor Cont. Room (No Meetings -
June, July, August)
I
Page 117214
.
•••
Citizen. Group .... , ,
1. Specific Events Committee
(governed by MC 13.54) and
Executive Events Committee
.
' Citizen Group . ' .
1. Central Park Council Subcommittee
2. Huntington Beach Council on Aging
3. Huntington Beach Downtown Business
Improvement District (BID) Board
Meeting
4. Neighborhood Watch
5. Oak View Task Force
6. Sister City Association
7. Wintersburg Task Force
CITY OF HUNTINGTON BEACH
Other City and Citizen Committees
(Created by City Council Action)
Council Liaisons
' '
Meeting Date/Place . .
Peterson, Delgleize Weekly, Wednesday, City Hall-Room B-8, 11 :00 AM (Effective
November 28, 2018)
COMMUNITY GROUPS
(Citizen Members Not Appointed by City Council)
•Council Liaisons Meeting Date/Place
Brenden, Delgleize 2°d Wednesday, Room B-8, 4:00 -6:00 PM
Delgleize, Brenden 1" Thurs, Senior Center (EMG, Room 1), 9:00 AM
Semeta, Peterson 2°d Thursday, Legends Surf City, 9:00 AM
Brenden, Carr 2°d Tues, Police Dept, 2°d Fir. Investigation Conf. Room, 6:30
PM
(No meeting July, Aug, Dec)
Posey, Carr 3cd Thursday of March, June, September, December@ 4:00
PM, Oak View Elementary
Semeta, Hardy 2nd Wednesday, Central Library (Room TBD), 6:00 PM
Hardy, Carr As Needed
2
Page 118215
Council .Committee .
1. Beautification, Landscape, & Tree
2. Communications Committee
3. Downtown Task Force
4. Economic Development Committee
5. Homeless Task Force (Ad Hoc)
6. Intergovernmental Relations
7. Oversight Board
8. Santa Ana River & Parkway Comm.
9. School District/City Meeting
10. Southeast Area
11. Strategic Plan Committee (Ad Hoc)
12. Sunset Beach Area
CITY OF HUNTINGTON BEACH
COUNCIL COMMITTEES
Council Committee Members Meeting Date/Place
Hardy, Delgleize, Brenden 4th Tues, Public Works Conf. Rm, 4:30 PM
Peterson, Semeta, Brenden 4th Monday, 3:00 PM, Quarterly: January, April, July,
October
Semeta, Delgleize, Hardy As needed
(Mayor, Mayor Pro Tem, Immediate 2°' Wed., B-8, 2:00 PM (EDC)
Past Mayor-prescribed)
Peterson, Semeta, Posey
Downtown -Same as above Quarterly (Jan., Apr., July, Oct.) B-8, 2:00 PM (Downtown
Issues)
Delgleize, Semeta, Brenden As needed
Peterson, Semeta, Hardy 4th Wednesday, 4th Floor, CR #1, 4:00 PM
Posey, Peterson (Mayor's As needed
appointee & OCSD rep.)
Posey, Carr As needed
Hardy, Brenden 2°' Monday, Quarterly (March, June, September,
December), 5:00 PM, Room B-8
Peterson, Hardy, Semeta 4th Wednesday, every two months (January, March, May,
July, September, November) at 4:30 PM
Semeta, Peterson, Delgleize As needed
Posey, Peterson, Hardy As needed (Room B-8)
3
Page 119216
COMMUNITY & REGIONAL AGENCIES AND COMMITTEES (Appointed by Mayor)
Name of Agency/Committee
•
.
Appointee Meeting Times
1. California Coastal Coalition Board Posey, Brenden 2-3 meetings/year, various places
2. HB Chamber Legislative Affairs Committee Posey, Brenden 4th Wed. 8:00 AM, Chamber of Commerce office, 2134
Main St., Suite 100
3. Visit Huntington Beach Board Meeting Semeta, Delgleize (Alternate) Last Tuesday of Month, 3:30 PM, (Location changes
to different hotels). (Possible revisions for 2019)
4. League of California Cities, Coastal Cities Hardy Monthly as scheduled by the State League. May go
Group to bi-monthly
5. Orange County Coastal Coalition Carr (Day & Month -TBD), 9:00 AM, Newport Beach
Library, 1000 Avocado Ave.
6. O.C. Council of Governments OCCOG *'Semeta; Posey (Alternate) 4th Thurs, 10:30 AM, Monthly, Irvine City Hall, City
Council Chambers, 1 Civic Center Plaza, Irvine
7. O.C. Sanitation District **Peterson; Posey (Alternate) 4th Wed, 6:00 PM, Sanitation District, Fountain Valley,
$212.50 per meeting (Plus Committee assigned by Chair) 10844 Ellis Ave.,
FV
8. O.C. Vector Control District Posey 3'' Thurs, 3:00 PM., 13001 Garden Grove Blvd.
$100 per meeting
9. OCTA Board of Directors Meeting Delgleize (as elected by City 2'' & 4th Monday, 9:00 AM, OCTA Headquarters, 550
$100 per meeting Selection) S. Main St., Orange -Conf. Room 07-08
10. Public Cable Television Authority (PCTA)* Brenden, Semeta 3rd Wednesday, 9:00 AM
$100 per meeting Fountain Valley City Hall, Conf. Room 1
11. Santa Ana River Flood Protection Agency Delgleize, Brenden (Alternate) 4th Thurs, 4:00 PM, O.C. Water District Office, 18700
(SARFPA) Ward St., Fountain Valley-Executive Committee
Meetings: January, March, May, July, September;
Full Agency Meetings: June, November
12. Southern California Association of **Semeta 1" Thurs, SCAG Offices, Downtown LA, 9:00 AM -
Governments (SCAG) District 64 2:00 PM
Delegate• $120 per meeting
13. West 0.C. Water Board 0fVOCWB) Posey, Hardy 3rd Wednesday, 4:00 PM, (January, April, July and
$100 per quarterly meeting October), Utilities Operations Building, 19001
Huntington St.
**Change
4
Page 120217
CITY COUNCIL APPOINTMENTS BY STATE & REGIONAL AGENCIES
(FOR INFORMATIONAL PURPOSES ONLY\
Name of Aaencv/Committee . Annointments
1. City Selection Committee--Held with League of Cities O.C. Division Meeting Mayor or Council Member designee (prescribed)
2. League of California Cities -Executive Steering Committee, Orange County Division
3. League of California Cities -Housing, Community and Economic Develogment Policy Committee
(Meetings occur quarterly Jan, Apr, June, & Sept. Thurs.
4. League of California Cities -Public Safety Policy Committee
(Meetings occur quarterly: Jan, Apr, June, & Sept. Thurs.
5. League of California Cities -Community Services Policy Committee
(Meetings occur quarterly: Jan, Apr, June, & Sept. Thurs.
6. League of California Cities -Administrative Services Policy Committee
7. Orange County Transportation Authority Board (2 & 4 Monday each month at 9:00 AM)
Contact: Wendy Knowles at 560-5676
8. OCTA Citizen Advisory Committee
9. SCAG -Transportation & Communications Committee
1 ''Thurs, 1 O am, SCAG Offices, Downtown L.A.
10. SCAG -Community, Economic, & Human Development
1'' Thurs, 10 am, SCAG Offices, Downtown L.A.
11. Orange County Waste Management Commission
Meets quarterly-2" Thursday in March, June, September & December
5
Page 121218
Annual Appointment to the City of Huntington Beach Agencies/ Authorities/Corporations
December 2018 -December 2019
There is no remuneration for serving or attending meetings
Huntington Beach Housing Authority
Chairperson: Erik Peterson
Vice Chairperson: Lyn Semeta
Commissioners: Patrick Brenden, Kim Carr, Barbara Delgleize,
Jill Hardy, Mike Posey
Executive Officer: Fred A. Wilson
Authority Treasurer: Alisa Backstrom
Authority Clerk: Robin Estanislau
Authority Attorney: Michael E. Gates
Parking Authority
President: Erik Peterson
Vice President: Lyn Semeta
Directors: Patrick Brenden, Kim Carr, Barbara Delgleize,
Jill Hardy, Mike Posey
Chief Executive Director: Fred A. Wilson
Authority Treasurer: Alisa Backstrom
Authority Secretary: Robin Estanislau
Legal Advisor: Michael E. Gates
Public Financing Authority
Chair: Erik Peterson
Vice Chair: Lyn Semeta
Directors: Patrick Brenden, Kim Carr, Barbara Delgleize, Jill Hardy,
Mike Posey
Executive Director: Fred A. Wilson
Authority Treasurer: Alisa Backstrom
Authority Secretary: Robin Estanislau
Authority Attorney: Michael E. Gates
Successor Agency to the Former Redevelopment Agency of
the City of Huntington Beach
Chairperson: Erik Peterson
Vice Chairperson: Lyn Semeta
Commissioners: Patrick Brenden, Kim Carr, Barbara Delgleize, Jill Hardy,
Mike Posey
Executive Director: Fred A. Wilson
Agency Treasurer: Alisa Backstrom
Agency Clerk: Robin Estanislau
General Legal Counsel: Michael E. Gates
Page 122219
Page 123220
221
222
223
224
225
226
227
228
229
230
231
232
233
234
235
236
237
238
239
240
241
242
243
244
245
246
247
248
249
250
251
252
253
254
255
256
257
258
259
260
261
262
263
264
265
266
267
268
269
270
271
272
273
274
275
276
277
278
279
280
281
282
283
284
285
286
287
288
289
290
291
292
293
294
295
296
City of Huntington Beach
File #:19-159 MEETING DATE:3/18/2019
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Fred A. Wilson, City Manager
PREPARED BY:Travis K. Hopkins, PE, Director of Public Works
Subject:
Approve and authorize execution of a Professional Services Contract with Erickson-Hall
Construction Co. for the Police Department Modernization Project
Statement of Issue:
The Public Works Department is assisting the Police Department with procurement of the services of
a Program Manager for Phase I Preconstruction Services for the Police Department Building
Modernization Project.
Financial Impact:
Funds in the amount of $1,599,741 are available in the Infrastructure Fund Account 31487004.82200
for Phase I Preconstruction Services of the Police Building Modernization Project. Construction,
which will be part of Phase II of the project, will require a separate City Council action at a later date.
Recommended Action:
Approve and authorize the Mayor and City Clerk execute the “Professional Services Contract
Between the City of Huntington Beach and Erickson Hall Construction Company for Program
Management Services for Modernization of the Police Department Facility.”
Alternative Action(s):
Do not approve the contract and direct staff on how to proceed.
Analysis:
The Police Department building at the Civic Center, built over 45 years ago, is in need of major
infrastructure upgrades including expansion of the locker rooms, restrooms, Communications Center,
and exercise room, while improving the ventilation system and other aged and deteriorated utilities.
The City Council previously allocated over $200,000 to procure the services of an architect to
prepare schematic design level drawings. The schematic design drawings were prepared in
consultation with Police Department staff to ascertain their vision for the operational and functional
performance of the building while at the same time planning to completely renew the aged
infrastructure such as the ventilation, sewer and water systems. At the conclusion of the schematic
City of Huntington Beach Printed on 3/13/2019Page 1 of 3
powered by Legistar™297
File #:19-159 MEETING DATE:3/18/2019
design process, the probable construction cost estimate is $16 million.
Due to the complexity of the proposed improvements, and the unknowns of construction in an older
building, it was decided to use a Program Manager at Risk (PMAR) contract method. This
contracting method was chosen to shift the risk of the cost of the project from the City to the PMAR.
Under a PMAR procurement, there are two distinct contracts and phases. Phase I, which is the
purpose of this RCA, involves the design of the project under a Professional Services contract. The
design effort is a collaboration between the Contractor and the Architect as a team which results in
the Program Manager presenting the City with a Guaranteed Maximum Price (GMP) for the
construction of the project. The City has the ability to review and,if necessary,negotiate the GMP
prior to entering into a construction contract (Phase II), which would go to City Council for approval in
a future RCA. If the City is unable to negotiate the GMP, the City has the option to bid the project
while assuming any risk of price escalation, should unknown conditions exist. The key advantages to
a PMAR procurement are:
·Construction cost is known at the end of Phase I
·Construction cost savings are returned to the City
·Accelerated process to deliver final product
·Key financial risks are assumed by the PMAR
·No change orders during construction, unless initiated by the City.
On December 19, 2018,the City received proposals from three consultants. Their proposals were
reviewed in conformance with a Qualifications Based Selection process (QBS), in which the
consultants were ranked, solely based upon their qualifications. Under a QBS process, the fee
proposals are submitted separately, only to be reviewed once the ranking is determined. The review
team consisted of the Assistant City Manager, Assistant Chief of Police, Budget Manager, Public
Works Construction Manager, Public Works Facilities Manager, and an Orange County Public Works
Infrastructure Project Manager, as an independent reviewer. After review of the three proposals, the
top two were invited to an interview to further review their qualifications based upon the scoring by
the reviewers. Upon completion of the interviews, the consensus of the review panel was that
Erickson-Hall was the preferred consultant, notably in the following areas:
·Individual team member qualifications, including the assigned Project Manager
·Proposed a broader Project Team
·Project understanding of specific items described in the RFQ
·Experience with tenant improvements versus ground up construction
·Project approach addressing the schematic design included in the RFQ
·Interaction/exchange and response to questions during the interview
·Project control tools and rapid response capabilities displayed during interview
The fee proposals were then opened and evaluated. Industry standard would anticipate a design
cost of approximately 10% of the estimated construction cost, or $1.6 million. Erickson-Hall’s fee
City of Huntington Beach Printed on 3/13/2019Page 2 of 3
powered by Legistar™298
File #:19-159 MEETING DATE:3/18/2019
cost of approximately 10% of the estimated construction cost, or $1.6 million. Erickson-Hall’s fee
proposal was $1,599,741. The City Council has approved $2,000,000 in the current FY 18/19 CIP
budget for this project. Therefore, based on a Quality Based Selection process, in conformance with
Municipal Code 3.03, staff recommends award of a professional services contract to Erickson-Hall. It
is estimated that the Phase II construction contract will be taken to City Council toward the end of this
year. The second vendor’s comparable fee proposal came in at $1.4 million.
Environmental Status:
Not applicable
Strategic Plan Goal:
Enhance and maintain infrastructure
Attachment(s):
1. Professional Service Award Analysis
2. Professional Services Contract between the City of Huntington Beach and Erickson-Hall
Construction Company for the Police Department Modernization Project
City of Huntington Beach Printed on 3/13/2019Page 3 of 3
powered by Legistar™299
PROFESSIONAL SERVICE AWARD ANALYSIS
SERVICE: PD Modernization Project
SERVICE DESCRIPTION: Provide Project Management and A/E services
VENDOR: Erickson-Hall
OVERALL RANKING: 1 of 3
SUBJECT MATTER EXPERTS/RATERS:
Assistant Police Chief, Budget Manager, Construction Manager, Facilities Manager, Infrastructure
Manager.
I. MINIMUM QUALIFICATIONS REVIEW
Written Proposal Score: 462
VENDOR NAME – Minimum Qualifications Review
Criteria
Total Weighted
Score
Maximum
Score Program Management
Capabilities 120 125
Technical Approach 116 125
Previous Experience 111 125
Cost Control/Financial 115 125
Total 462 500
II. DUE DILIGENCE REVIEW
Interview Ranking: 1
Erickson-Hall – Summary of Review
Individual team member qualifications, specifically the assigned Project
Manager
Proposed a broader and more cohesive Project Team, which includes the
architect already familiar with the project. No learning curve.
Project understanding of specific items described in the RFQ
Experience with tenant improvements versus ground up construction
Project approach addressing the schematic design included in the RFQ
Interaction/exchange and response to questions during the interview
Project control tools and rapid response capabilities displayed during
interview
Erickson-Hall – Pricing
$1,599,741
300
2
PROFESSIONAL SERVICE AWARD ANALYSIS
SERVICE: PD Modernization Project
SERVICE DESCRIPTION: Provide Project Management and A/E services
VENDOR: Vendor 2
OVERALL RANKING: 2 of 3
SUBJECT MATTER EXPERTS/RATERS:
Assistant Police Chief, Budget Manager, Construction Manager, Facilities Manager, Infrastructure
Manager.
I. MINIMUM QUALIFICATIONS REVIEW
Written Proposal Score:
VENDOR NAME – Minimum Qualifications Review
Criteria
Total Weighted
Score
Maximum
Score Program Management
Capabilities 113 125
Technical Approach 104 125
Previous Experience 117 125
Cost Control/Financial 109 125
Total 443 500
II. DUE DILIGENCE REVIEW
Interview Ranking: 2
VENDOR 2 – Summary of Review
The firm has experience and depth for providing
PM@ Risk services both in their proposal and in
interview.
The firm has experience with new PD facilities.
VENDOR 2 – Pricing
$1,369,000
301
3
PROFESSIONAL SERVICE AWARD ANALYSIS
SERVICE: PD Modernization Project
SERVICE DESCRIPTION: Provide Project Management and A/E services
VENDOR: Vendor 3
OVERALL RANKING: 3 of 3
SUBJECT MATTER EXPERTS/RATERS:
Assistant Police Chief, Budget Manager, Construction Manager, Facilities Manager, Infrastructure
Manager.
I. MINIMUM QUALIFICATIONS REVIEW
Written Proposal Score: 364
VENDOR NAME – Minimum Qualifications Review
Criteria
Total Weighted
Score
Maximum
Score Program Management
Capabilities 86 125
Technical Approach 92 125
Previous Experience 90 125
Cost Control/Financial 96 125
Total 364 500
II. DUE DILIGENCE REVIEW
Interview Ranking: Was not interviewed.
VENDOR 3 – Summary of Review
Was not interviewed
Staff lacked rehabilitation experience of existing PD
facilities.
Listed projects not related to rehabilitating existing
PD facilities.
VENDOR 3 – Pricing
Did not submit a formal fee proposal
302
303
304
305
306
307
308
309
310
311
312
313
314
315
316
317
318
319
320
321
322
323
324
325
326
327
328
329
330
331
332
333
334
335
336
337
338
339
340
341
342
343
344
345
346
347
348
349
350
351
352
353
354
355
356
357
358
359
360
361
362
363
364
365
366
367
368
369
370
371
372
373
374
375
376
377
378
379
380
381
382
383
384
385
386
387
388
389
390
391
392
393
394
395
396
397
398
399
400
401
402
403
404
405
406
407
408
409
410
411
412
City of Huntington Beach
File #:19-354 MEETING DATE:3/18/2019
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Fred A. Wilson, City Manager
PREPARED BY:Antonia Graham, Assistant to the City Manager
Subject:
Approve City Council position on Legislation pending before the State Legislature as
recommended by the City Council Intergovernmental Relations Committee (IRC)
Statement of Issue:
On Thursday, March 7, 2019, the Intergovernmental Relations Committee met to discuss Federal and
State legislation. At this meeting members recommended positions on State legislation, specifically a
support position on Assembly Bill 136 (Quirk-Silva), Assembly Bill 510 (Cooley), Assembly Bill 1190
(Irwin), and an Oppose unless Amended position on Assembly Bill 377 (Garcia). This action requests
the City Council authorization for the Mayor to sign City position letters on these bills.
Financial Impact:
There is no fiscal impact associated with these position letters.
Recommended Action:
A) Approve a City position of Support on Assembly Bill 136 (Quirk-Silva) -Alcohol and Drug
Programs; and,
B) Approve a City position of Support on Assembly Bill 510 (Cooley) - Local Government Records;
and,
C) Approve a City position of Support on Assembly Bill 1190 (Irwin) - Unmanned Aircraft: State and
Local Regulations; and,
D) Approve a City position of Oppose unless Amended on Assembly Bill 377 (Garcia) -
Microenterprise Home Kitchen Operations; and,
E) Authorize the Mayor to send a letter of support to the California Public Utilities Commission in
support of Southern California Gas Company’s request to allow customers to purchase renewable
natural gas for their homes.
Alternative Action(s):
City of Huntington Beach Printed on 3/13/2019Page 1 of 3
powered by Legistar™413
File #:19-354 MEETING DATE:3/18/2019
Do not approve the recommended positions and direct staff accordingly.
Analysis:
On Thursday, March 7, 2019,the Intergovernmental Relations Committee met to discuss pending
Federal and State legislation. The Committee,comprised of Mayor Erik Peterson, Mayor Pro Tem
Lyn Semeta, and Council Member Jill Hardy,reviewed the 2019 State Legislative Matrix provided by
the City’s State Advocate, Townsend Public Affairs (TPA). The Committee members chose to take
the following positions on pending legislation.
Ø SUPPORT - Assembly Bill 136 (Quirk-Silva) - Alcohol and Drug Programs: Residential
Recovery and Treatment Ombudsperson: Pilot Program
This Bill would require the State Department of Health Care Services to establish the Office of
the State Ombudsperson for Substance Abuse Residential Recovery and Treatment as a one-
year pilot program. Existing law provides for the licensure and regulation of adult alcoholism
or drug abuse recovery or treatment facilities by the State Department of Health Care
Services. The Bill would require the office to work in concert with participating counties to
collaborate in investigations of complaints received by the counties against alcoholism or drug
abuse recovery or treatment facilities and recovery residences. Each participating county, by
July 1, 2022,would need to report to the Legislature on the results of the collaboration with the
pilot program.
Ø SUPPORT - Assembly Bill 510 (Cooley) - Local Government Records: Destruction of
Records
Existing law authorizes the head of a department of a county or city, or the head of a special
district to destroy recordings of routine video monitoring maintained by that county, city or
special district after one year if that person receives approval from the legislative body and the
written consent of the agency attorney. This bill would exempt the head of a department of a
county or city, or the head of a special district from these recording retention requirements if
the county, city or special district adopts a records retention policy governing recordings of
routine video monitoring and recordings of telephone and radio communications.
Ø SUPPORT - Assembly Bill 1190 (Irwin) - Unmanned Aircraft: State and Local
Regulations: Limitations
This Bill would prohibit a state or local agency from adopting any law or regulation that bans
the operation of an unmanned aircraft system. As introduced, this Bill would authorize a state
or local agency to adopt regulations to enforce a requirement that a small unmanned aircraft
system be properly registered under existing federal regulations. Additionally, the Bill would
authorize a state or local agency to require an unmanned aircraft operator to provide proof of
federal, state or local registration to licensing or enforcement officials.
Ø OPPOSE UNLESS AMENDED - Assembly Bill 377 (Garcia) - Microenterprise Home
Kitchen Operations
The California Retail Food Code authorizes the governing body of a city, county,or city and
county, by ordinance or resolution to permit microenterprise home kitchen operations if certain
conditions are met. This Bill would modify the conditions for a city, county, or city and county
to permit microenterprise home kitchen operations within its jurisdictions. The IRC took the
City of Huntington Beach Printed on 3/13/2019Page 2 of 3
powered by Legistar™414
File #:19-354 MEETING DATE:3/18/2019
to permit microenterprise home kitchen operations within its jurisdictions. The IRC took the
position of oppose unless amended to allow cities to determine whether they want to allow
these operations within their jurisdiction.
In addition to the legislation presented above, representatives from Southern California Gas
Company (SCG) met with the Mayor and staff on March 11, 2019,and requested that the City submit
a letter of support to the California Public Utilities Commission (CPUC) for their recently filed request
to allow customers to purchase renewable natural gas for their homes. This is a voluntary program
that would assist SCG in their commitment to develop renewable natural gas as part of their broader,
integrated vision for the future of clean energy that keeps energy affordable, expands choice, and
develops long-term and seasonal renewal storage using existing infrastructure. The Press Release
on the program is attached to this Request for Council Action.
Environmental Status:
Not applicable.
Strategic Plan Goal:
Improve quality of life
Attachment(s):
1. Assembly Bill 136 (Quirk-Silva)
2. Assembly Bill 510 (Cooley)
3. Assembly Bill 1190 (Irwin)
4. Assembly Bill 377 (Garcia)
5. Southern California Gas Company Press Release
City of Huntington Beach Printed on 3/13/2019Page 3 of 3
powered by Legistar™415
california legislature—2019–20 regular session
ASSEMBLY BILL No. 136
Introduced by Assembly Member Quirk-Silva
December 5, 2018
An act to add and repeal Chapter 14 (commencing with Section
11860.10) of Part 2 of Division 10.5 of the Health and Safety Code,
relating to alcohol and drug programs.
legislative counsel’s digest
AB 136, as introduced, Quirk-Silva. Alcohol and drug programs:
residential recovery and treatment ombudsperson: pilot program.
Existing law provides for the licensure and regulation of adult
alcoholism or drug abuse recovery or treatment facilities by the State
Department of Health Care Services. Existing law defines “alcoholism
or drug abuse recovery or treatment facility” to mean a premises, place,
or building that provides residential nonmedical services, as defined,
to adults who are recovering from problems related to alcohol, drug, or
alcohol and drug misuse or abuse, and who need alcohol, drug, or
alcohol and drug recovery treatment or detoxification services. Existing
law requires a program licensed by the department to disclose to the
department specified information including, among other things,
ownership or control of, or financial interest in, a recovery residence.
Existing law defines a “recovery residence” as a residential dwelling
that provides primary housing for individuals who seek a cooperative
living arrangement that supports personal recovery from a substance
use disorder and that does not require licensure by the department or
does not provide licensable services.
This bill would require the department to establish the Office of the
State Ombudsperson for Substance Abuse Residential Recovery and
99 416
Treatment as a one-year pilot project, from January 1, 2021, to
December 31, 2021, inclusive. The bill would require the office to work
in concert with participating counties to collaborate in investigations
of complaints received by the counties against alcoholism or drug abuse
recovery or treatment facilities and recovery residences. The bill would
require each participating county, by July 1, 2022, to report to the
Legislature on the results of the county’s collaboration with the pilot
program.
This bill would make these provisions inoperative on July 1, 2022,
and would repeal it as of January 1, 2023.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. Chapter 14 (commencing with Section 11860.10)
line 2 is added to Part 2 of Division 10.5 of the Health and Safety Code,
line 3 to read:
line 4
line 5 Chapter 14. Residential Recovery and Treatment
line 6 Ombudsperson
line 7
line 8 11860.10. (a) The department shall develop and implement
line 9 establish the Office of the State Ombudsperson for Substance
line 10 Abuse Residential Recovery and Treatment, as a one-year pilot
line 11 program, pursuant to this chapter. The pilot program shall
line 12 commence on January 1, 2021. Each county may elect to participate
line 13 in the pilot program.
line 14 (b) The office shall work in concert with counties that elect to
line 15 participate to collaborate in investigations of complaints received
line 16 by the counties against the following categories of facilities:
line 17 (1) Adult alcoholism or drug abuse recovery or treatment
line 18 facilities licensed pursuant to Chapter 7.5 (commencing with
line 19 Section 11834.01).
line 20 (2) Recovery residences, as defined in Section 11833.05.
line 21 (c) The pilot program shall operate until December 31, 2021.
line 22 By July 1, 2022, each participating county shall report to the
line 23 Legislature on the results of the county’s collaboration with the
line 24 pilot program pursuant to Section 9795 of the Government Code.
99
— 2 — AB 136 417
line 1 11860.11. This chapter shall become inoperative on July 1,
line 2 2022, and, as of January 1, 2023, is repealed.
O
99
AB 136 — 3 — 418
california legislature—2019–20 regular session
ASSEMBLY BILL No. 510
Introduced by Assembly Member Cooley
February 13, 2019
An act to amend Sections 26202.6, 34090.6, and 53160 of the
Government Code, relating to local government.
legislative counsel’s digest
AB 510, as introduced, Cooley. Local government records:
destruction of records.
Existing law authorizes the head of a department of a county or city,
or the head of a special district to destroy recordings of routine video
monitoring maintained by that county, city, or special district after one
year if that person receives approval from the legislative body and the
written consent of the agency attorney. Existing law authorizes the head
of a department of a county or city, or the head of a special district to
destroy recordings of telephone and radio communications maintained
by that county, city, or special district after 100 days if that person
receives approval from the legislative body and the written consent of
the agency attorney.
This bill would exempt the head of a department of a county or city,
or the head of a special district from these recording retention
requirements if the county, city, or special district adopts a records
retention policy governing recordings of routine video monitoring and
recordings of telephone and radio communications.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
99 419
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 26202.6 of the Government Code is
line 2 amended to read:
line 3 26202.6. (a) Notwithstanding the provisions of Sections 26202,
line 4 26205, and 26205.1, and except as provided in subdivisions (b)
line 5 or (c), the head of a department of a county, after one year, may
line 6 destroy recordings of routine video monitoring, and after 100 days
line 7 may destroy recordings of telephone and radio communications
line 8 maintained by the department. This destruction shall be approved
line 9 by the legislative body and the written consent of the agency
line 10 attorney shall be obtained. In the event that the recordings are
line 11 evidence in any claim filed or any pending litigation, they shall
line 12 be preserved until pending litigation is resolved.
line 13 (b) Subdivision (a) shall not apply in a county that has adopted
line 14 a records retention policy that governs when recordings of routine
line 15 video monitoring and recordings of telephone and radio
line 16 communications may be destroyed.
line 17 (c) If a recording is evidence in any claim filed or any pending
line 18 litigation, it shall be preserved until the claim or pending litigation
line 19 is resolved.
line 20 (b)
line 21 (d) For purposes of this section, “recordings section:
line 22 (1) “Recordings of telephone and radio communications” means
line 23 the routine daily recording of telephone communications to and
line 24 from a county and all radio communications relating to the
line 25 operations of the departments.
line 26 (c) For purposes of this section, “routine
line 27 (2) “Routine video monitoring” means video recording by a
line 28 video or electronic imaging system designed to record the regular
line 29 and ongoing operations of the departments described in subdivision
line 30 (a), including mobile in-car video systems, jail observation and
line 31 monitoring systems, and building security recording systems.
line 32 (d) For purposes of this section, “department”
line 33 (3) “Department” includes a public safety communications
line 34 center operated by the county and the governing board of any
line 35 special district the membership of which is the same as the
line 36 membership of the board of supervisors.
line 37 SEC. 2. Section 34090.6 of the Government Code is amended
line 38 to read:
99
— 2 — AB 510 420
line 1 34090.6. (a) Notwithstanding the provisions of Section 34090,
line 2 and except as provided in subdivision (b) or (c), the head of a
line 3 department of a city or city and county, after one year, may destroy
line 4 recordings of routine video monitoring, and after 100 days may
line 5 destroy recordings of telephone and radio communications
line 6 maintained by the department. This destruction shall be approved
line 7 by the legislative body and the written consent of the agency
line 8 attorney shall be obtained. In the event that the recordings are
line 9 evidence in any claim filed or any pending litigation, they shall
line 10 be preserved until pending litigation is resolved.
line 11 (b) Subdivision (a) shall not apply in a city or city and county
line 12 that has adopted a records retention policy that governs when
line 13 recordings of routine video monitoring and recordings of telephone
line 14 and radio communications may be destroyed.
line 15 (c) If a recording is evidence in any claim filed or any pending
line 16 litigation, it shall be preserved until the claim or pending litigation
line 17 is resolved.
line 18 (b)
line 19 (d) For purposes of this section, “recordings section:
line 20 (1) “Recordings of telephone and radio communications” means
line 21 the routine daily recording of telephone communications to and
line 22 from a city, city and county, or department, and all radio
line 23 communications relating to the operations of the departments.
line 24 (c) For purposes of this section, “routine
line 25 (2) “Routine video monitoring” means video recording by a
line 26 video or electronic imaging system designed to record the regular
line 27 and ongoing operations of the departments described in subdivision
line 28 (a), including mobile in-car video systems, jail observation and
line 29 monitoring systems, and building security recording systems.
line 30 (d) For purposes of this section, “department”
line 31 (3) “Department” includes a public safety communications
line 32 center operated by the city or city and county.
line 33 SEC. 3. Section 53160 of the Government Code is amended
line 34 to read:
line 35 53160. (a) The Except as provided in subdivisions (b) or (c),
line 36 the head of a special district, after one year, may destroy recordings
line 37 of routine video monitoring, and after 100 days may destroy
line 38 recordings of telephone and radio communications maintained by
line 39 the special district. This destruction shall be approved by the
line 40 legislative body and the written consent of the agency attorney
99
AB 510 — 3 — 421
line 1 shall be obtained. In the event that the recordings are evidence in
line 2 any claim filed or any pending litigation, they shall be preserved
line 3 until pending litigation is resolved.
line 4 (b) Subdivision (a) shall not apply in a special district that has
line 5 adopted a records retention policy that governs when recordings
line 6 of routine video monitoring and recordings of telephone and radio
line 7 communications may be destroyed.
line 8 (c) If a recording is evidence in any claim filed or any pending
line 9 litigation, it shall be preserved until the claim or pending litigation
line 10 is resolved.
line 11 (b)
line 12 (d) For purposes of this article, “recordings article:
line 13 (1) “Recordings of telephone and radio communications” means
line 14 the routine daily recording of telephone communications to and
line 15 from a special district, and all radio communications relating to
line 16 the operations of the special district.
line 17 (c) For purposes of this article, “routine
line 18 (2) “Routine video monitoring” means video recording by a
line 19 video or electronic imaging system designed to record the regular
line 20 and ongoing operations of the special district, including mobile
line 21 in-car video systems, jail observation and monitoring systems, and
line 22 building security recording systems.
line 23 (d) For purposes of this article, “special
line 24 (3) “Special district” shall have the same meaning as “public
line 25 agency,” as that term is defined in Section 53050.
O
99
— 4 — AB 510 422
california legislature—2019–20 regular session
ASSEMBLY BILL No. 1190
Introduced by Assembly Member Irwin
February 21, 2019
An act to amend Sections 831.7 and 853.5 of, and to add Chapter
12.97 (commencing with Section 7105) to Division 7 of Title 1 of, the
Government Code, relating to unmanned aircraft.
legislative counsel’s digest
AB 1190, as introduced, Irwin. Unmanned aircraft: state and local
regulation: limitations.
Existing law prohibits a person from knowingly and intentionally
operating an unmanned aircraft system on or above the grounds of a
state prison, a jail, or a juvenile hall, camp, or ranch. Existing law
provides a local public entity or employee with immunity as to any
person engaging in hazardous recreational activity, as defined, and for
damage to an unmanned aircraft while the local entity or employee is
providing emergency services. Existing law defines “unmanned aircraft”
and other terms for purposes of these provisions.
This bill would, among other things, prohibit a state or local agency
from adopting any law or regulation that bans the operation of an
unmanned aircraft system. The bill would include the operation of small
unmanned aircraft systems within the definition of hazardous
recreational activity for purposes of public entity liability. The bill
would authorize a state or local agency to adopt regulations to enforce
a requirement that a small unmanned aircraft system be properly
registered under existing federal regulations. The bill would also
authorize a state or local agency to require an unmanned aircraft operator
to provide proof of federal, state, or local registration to licensing or
99 423
enforcement officials. The bill would define terms for purposes of these
provisions.
Vote: majority. 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. The Legislature finds and declares that the intent
line 2 of this act is to accomplish the following goals:
line 3 (a) To foster and promote public safety in the use of unmanned
line 4 aircraft systems.
line 5 (b) To explore the development of a balanced approach to a
line 6 consistent state regulatory framework for unmanned aircraft
line 7 systems that can work for industry, recreational users, local
line 8 government, and law enforcement.
line 9 (c) To facilitate the use of drones for recreational and hobby,
line 10 commercial, and governmental purposes.
line 11 (d) To protect persons and entities from invasion of their privacy
line 12 and to prevent harassment of persons and entities in their public
line 13 activities.
line 14 (e) To protect sensitive governmental and private facilities and
line 15 operations from interference or unauthorized surveillance, including
line 16 facilities and operations addressing emergency events, such as
line 17 earthquakes, fires, and flooding.
line 18 SEC. 2. Section 831.7 of the Government Code is amended to
line 19 read:
line 20 831.7. (a) Neither a public entity nor a public employee is
line 21 liable to any person who participates in a hazardous recreational
line 22 activity, including any person who assists the participant, or to any
line 23 spectator who knew or reasonably should have known that the
line 24 hazardous recreational activity created a substantial risk of injury
line 25 to himself or herself themselves and was voluntarily in the place
line 26 of risk, or having the ability to do so failed to leave, for any damage
line 27 or injury to property or persons arising out of that hazardous
line 28 recreational activity.
line 29 (b) As used in this section, “hazardous recreational activity”
line 30 means a recreational activity conducted on property of a public
line 31 entity that creates a substantial, as distinguished from a minor,
line 32 trivial, or insignificant, risk of injury to a participant or a spectator.
line 33 “Hazardous recreational activity” also means:
99
— 2 — AB 1190 424
line 1 (1) Water contact activities, except diving, in places where, or
line 2 at a time when, lifeguards are not provided and reasonable warning
line 3 thereof has been given, or the injured party should reasonably have
line 4 known that there was no lifeguard provided at the time.
line 5 (2) Any form of diving into water from other than a diving board
line 6 or diving platform, or at any place or from any structure where
line 7 diving is prohibited and reasonable warning thereof has been given.
line 8 (3) Animal riding, including equestrian competition, archery,
line 9 bicycle racing or jumping, bicycle motocross, mountain bicycling,
line 10 boating, cross-country and downhill skiing, hang gliding, kayaking,
line 11 motorized vehicle racing, off-road motorcycling or four-wheel
line 12 driving of any kind, orienteering, pistol and rifle shooting, rock
line 13 climbing, rocketeering, rodeo, self-contained underwater breathing
line 14 apparatus (SCUBA) diving, spelunking, skydiving, sport
line 15 parachuting, paragliding, body contact sports, surfing,
line 16 trampolining, tree climbing, tree rope swinging, waterskiing, white
line 17 water rafting, and windsurfing. For the purposes of this subdivision,
line 18 “mountain bicycling” does not include riding a bicycle on paved
line 19 pathways, roadways, or sidewalks. For the purpose of this
line 20 paragraph, “body contact sports” means sports in which it is
line 21 reasonably foreseeable that there will be rough bodily contact with
line 22 one or more participants.
line 23 (4) Operation of small unmanned aircraft systems within an
line 24 recreational area designated by a state or local agency for the
line 25 operation of small unmanned aircraft pursuant to subdivision (c)
line 26 of Section 7105.
line 27 (c) (1) Notwithstanding subdivision (a), this section does not
line 28 limit liability that would otherwise exist for any of the following:
line 29 (A) Failure of the public entity or employee to guard or warn
line 30 of a known dangerous condition or of another hazardous
line 31 recreational activity known to the public entity or employee that
line 32 is not reasonably assumed by the participant as inherently a part
line 33 of the hazardous recreational activity out of which the damage or
line 34 injury arose.
line 35 (B) Damage or injury suffered in any case where permission to
line 36 participate in the hazardous recreational activity was granted for
line 37 a specific fee. For the purpose of this subparagraph, “specific fee”
line 38 does not include a fee or consideration charged for a general
line 39 purpose such as a general park admission charge, a vehicle entry
line 40 or parking fee, or an administrative or group use application or
99
AB 1190 — 3 — 425
line 1 permit fee, as distinguished from a specific fee charged for
line 2 participation in the specific hazardous recreational activity out of
line 3 which the damage or injury arose.
line 4 (C) Injury suffered to the extent proximately caused by the
line 5 negligent failure of the public entity or public employee to properly
line 6 construct or maintain in good repair any structure, recreational
line 7 equipment or machinery, or substantial work of improvement
line 8 utilized in the hazardous recreational activity out of which the
line 9 damage or injury arose.
line 10 (D) Damage or injury suffered in any case where the public
line 11 entity or employee recklessly or with gross negligence promoted
line 12 the participation in or observance of a hazardous recreational
line 13 activity. For purposes of this subparagraph, promotional literature
line 14 or a public announcement or advertisement that merely describes
line 15 the available facilities and services on the property does not in
line 16 itself constitute a reckless or grossly negligent promotion.
line 17 (E) An act of gross negligence by a public entity or a public
line 18 employee that is the proximate cause of the injury.
line 19 (2) Nothing in this subdivision creates a duty of care or basis
line 20 of liability for personal injury or damage to personal property.
line 21 (d) Nothing in this section limits the liability of an independent
line 22 concessionaire, or any person or organization other than the public
line 23 entity, whether or not the person or organization has a contractual
line 24 relationship with the public entity to use the public property, for
line 25 injuries or damages suffered in any case as a result of the operation
line 26 of a hazardous recreational activity on public property by the
line 27 concessionaire, person, or organization.
line 28 SEC. 3. Section 853.5 of the Government Code is amended to
line 29 read:
line 30 853.5. The following definitions shall apply to this chapter:
line 31 (a) ”Public unmanned aircraft system” means an unmanned
line 32 aircraft system that is owned or operated by a local or state
line 33 government entity.
line 34 (b) “Small unmanned aircraft” means an unmanned aircraft
line 35 weighing less than 55 pounds.
line 36 (a)
line 37 (c) “Unmanned aircraft” means an aircraft that is operated
line 38 without the possibility of direct human intervention from within
line 39 or on the aircraft.
line 40 (b)
99
— 4 — AB 1190 426
line 1 (d) “Unmanned aircraft system” means an unmanned aircraft
line 2 and associated elements, including, but not limited to,
line 3 communication links and the components that control the
line 4 unmanned aircraft that are required for the pilot in command to
line 5 operate safely and efficiently in the national airspace system.
line 6 SEC. 4. Chapter 12.97 (commencing with Section 7105) is
line 7 added to Division 7 of Title 1 of the Government Code, to read:
line 8
line 9 Chapter 12.97. Unmanned Aircraft Regulation
line 10
line 11 7105. (a) No state or local agency shall adopt any law or
line 12 regulation that bans the operation of an unmanned aircraft system.
line 13 (b) (1) An operator of a small unmanned aircraft system shall
line 14 register pursuant to federal regulations as set forth in 14 CFR Part
line 15 47.
line 16 (2) A state or local agency may adopt regulations to enforce a
line 17 requirement that a small unmanned aircraft system be properly
line 18 registered under 14 CFR Part 47 before issuing a license or other
line 19 approval to operate the system and to require that the unmanned
line 20 aircraft be labeled with the operator’s registration number.
line 21 (3) It is the Legislature’s intent that if the Federal Aviation
line 22 Administration eliminates small unmanned aircraft registration,
line 23 the ____ shall develop a statewide small unmanned aircraft
line 24 registration system.
line 25 (4) If the state fails to develop a statewide registration system
line 26 within ____ months of the final action by the Federal Aviation
line 27 Administration to eliminate the federal registration system, local
line 28 agencies may develop a registration system for small unmanned
line 29 aircraft to be operated within an agency’s jurisdiction.
line 30 (5) Notwithstanding any other provision of law, a state or local
line 31 agency may require an unmanned aircraft operator to provide proof
line 32 of federal, state, or local registration to licensing or enforcement
line 33 officials. An operator who fails to show proof of registration shall
line 34 correct the violation within the time period as provided by law. If
line 35 an operator fails to correct the violation within the applicable time
line 36 period, the state or local agency may take additional enforcement
line 37 actions as provided by law.
line 38 (c) A state or local agency may designate recreational areas for
line 39 the operation of small unmanned aircraft. The state or local agency
line 40 shall cause signage to be posted at each entrance to the recreational
99
AB 1190 — 5 — 427
line 1 area notifying the public that unmanned aircraft may be operating
line 2 in the area.
line 3 (d) Every unmanned aircraft shall be operated in strict
line 4 compliance with 14 CFR Part 107 as that regulation read on
line 5 January 1, 2019, unless the operator has received a valid waiver
line 6 or authorization from the Federal Aviation Administration. A state
line 7 or local agency may enforce the provisions of this section as
line 8 provided by law.
line 9 (e) A state or local agency may require the operator of a small
line 10 unmanned aircraft system for commercial purposes to maintain
line 11 insurance coverage, as specified by the agency.
line 12 (f) G. An operator’s compliance with the provisions of this
line 13 section shall not be a defense to liability for a violation of Section
line 14 1708.8 of the Civil Code.
line 15 (g) For purposes of this section, the terms “public unmanned
line 16 aircraft system,” “small unmanned aircraft,” “unmanned aircraft,”
line 17 and “unmanned aircraft system,” have the same meanings as those
line 18 terms are defined in Section 853.5.
O
99
— 6 — AB 1190 428
california legislature—2019–20 regular session
ASSEMBLY BILL No. 377
Introduced by Assembly Member Eduardo Garcia
February 5, 2019
An act to amend Sections 114367.1, 114367.2, 114367.3, 114367.5,
and 114367.6 of, to add Section 114367.7 to, and to repeal and add
Section 114367 of, the Health and Safety Code, relating to retail food
facilities, and declaring the urgency thereof, to take effect immediately.
legislative counsel’s digest
AB 377, as introduced, Eduardo Garcia. Microenterprise home
kitchen operations.
(1) The California Retail Food Code (code) authorizes the governing
body of a city, county, or city and county, by ordinance or resolution,
to permit microenterprise home kitchen operations if certain conditions
are met. The code requires microenterprise home kitchen operations,
as a restricted food service facility, to meet specified food safety
standards. A violation of the code is generally a misdemeanor.
This bill would modify the conditions for a city, county, or city and
county to permit microenterprise home kitchen operations within its
jurisdiction. The bill would require an enforcement agency that is
permitting and inspecting microenterprise home kitchen operations to
annually report specified information about the operations within its
jurisdiction and post a link to a report on the homepage of its internet
website. The bill would modify the food safety standards applicable to
microenterprise home kitchen operations. The bill would prohibit an
internet food service intermediary or a microenterprise home kitchen
operation from using the word “catering” or any variation of that word
in a listing or advertisement of a microenterprise home kitchen
99 429
operation’s offer of food for sale. The bill would require a
microenterprise home kitchen operation to include specific information,
including its permit number, in its advertising. By expanding the scope
of a crime for a violation of the code, this bill would impose a
state-mandated local program.
(2) 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 no reimbursement is required by this act
for a specified reason.
(3) This bill would declare that it is to take effect immediately as an
urgency statute.
Vote: 2⁄3. 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. Section 114367 of the Health and Safety Code
line 2 is repealed.
line 3 114367. (a) Except as provided in subdivision (b), the
line 4 governing body of a city or county, or city and county, shall have
line 5 full discretion to authorize, by ordinance or resolution, the
line 6 permitting of microenterprise home kitchen operations in
line 7 accordance with this chapter.
line 8 (b) A permit issued by a county that has authorized the
line 9 permitting of microenterprise home kitchen operations in
line 10 accordance with this chapter shall be valid in any city within the
line 11 county regardless of whether the city has separately enacted an
line 12 ordinance or resolution to authorize or prohibit the permitting of
line 13 microenterprise home kitchen operations within that city.
line 14 SEC. 2. Section 114367 is added to the Health and Safety Code,
line 15 to read:
line 16 114367. The governing body of a city, county, or city and
line 17 county that is designated as the enforcement agency, as defined
line 18 in Section 113773, shall have full discretion to authorize, by
line 19 ordinance or resolution, the permitting of microenterprise home
line 20 kitchen operations in accordance with this chapter.
line 21 SEC. 3. Section 114367.1 of the Health and Safety Code is
line 22 amended to read:
99
— 2 — AB 377 430
line 1 114367.1. (a) A microenterprise home kitchen operation, as
line 2 defined in Section 113825, shall be considered a restricted food
line 3 service facility for purposes of, and subject to all applicable
line 4 requirements of, Chapter 1 (commencing with Section 113700) to
line 5 Chapter 9 (commencing with Section 114265), inclusive, Chapter
line 6 12.6 (commencing with Section 114377), and Chapter 13
line 7 (commencing with Section 114380), except as otherwise provided
line 8 in this chapter.
line 9 (b) A microenterprise home kitchen operation shall be exempt
line 10 from all of the following provisions:
line 11 (1) Handwashing facilities requirements, as required in Section
line 12 113953, provided that a handwashing sink is supplied with warm
line 13 water and located in the toilet room and supplied, as specified in
line 14 Section 113953.2.
line 15 (2) Any provision in this part relating to sinks, warewashing
line 16 machines, and manual or machine sanitation, including including,
line 17 but not limited to, Sections 114099, 114099.2, 114099.4, 114099.6,
line 18 114099.7, 114101.1, 114101.2, 114103, 114107, 114123, 114125,
line 19 114163, and 114279, provided that the all of the following
line 20 conditions are met:
line 21 (A) Utensils and equipment are able to be properly cleaned
line 22 and sanitized.
line 23 (B) The sink in a microenterprise home kitchen operation has
line 24 hot and cold water and is fully operable.
line 25 (3) Prohibition on the presence of persons unnecessary to the
line 26 food facility operation in the food preparation, food storage, or
line 27 warewashing areas, as specified in Section 113945.1. 113945.1,
line 28 except during hours of a microenterprise home kitchen operation.
line 29 (4) No smoking sign posting requirements, as specified in
line 30 Section 113978.
line 31 (5) Limitations on employee consumption of food, drink, or
line 32 tobacco outside of designated areas, as specified in Sections 113977
line 33 and 114256. 114256, except during times when food is being
line 34 prepared as part of a microenterprise home kitchen operation.
line 35 (6) Limitations on consumer access to the food facility through
line 36 food preparation areas, as specified in Section 113984.1. 113984.1,
line 37 except during hours of a microenterprise home kitchen operation.
line 38 (7) Display guard, cover, and container requirements, as
line 39 specified in Section 114060, provided that any food on display
line 40 that is not protected from the direct line of a consumer’s mouth
99
AB 377 — 3 — 431
line 1 by an effective means is not served or sold to any subsequent
line 2 consumer.
line 3 (8) Limitations on outdoor display and sale of foods, as specified
line 4 in Section 114069.
line 5 (9) Requirements to provide clean drinking cups and tableware
line 6 for second portions and beverage refills, as specified in Section
line 7 114075.
line 8 (10) Requirements pertaining to the characteristics and
line 9 certification of utensils and equipment, as specified in Sections
line 10 114130, 114130.1, and 114139, provided that utensils and
line 11 equipment are designed to retain their characteristic qualities under
line 12 normal use conditions.
line 13 (11) Requirements pertaining to the characteristics, construction,
line 14 and multiuse of food-contact and nonfood-contact surfaces, as
line 15 specified in Sections 114130.1, 114130.3, and 114130.4, provided
line 16 that food contact surfaces are smooth, easily cleanable, and in good
line 17 repair.
line 18 (12) Requirements pertaining to the characteristics, construction,
line 19 and disassembly of clean in place (CIP) equipment, as specified
line 20 in Section 114130.5.
line 21 (13) Limitations on the use of wood as a food contact surface
line 22 and in connection with other equipment, as specified in Section
line 23 114132.
line 24 (14) Any provision in this part relating to ventilation, including,
line 25 but not limited to, Article 2 (commencing with Section 114149)
line 26 of Chapter 6, provided that gases, odors, steam, heat, grease,
line 27 vapors, and smoke are able to escape from the kitchen.
line 28 (15) Requirements that cold or hot holding equipment used for
line 29 potentially hazardous food be equipped with integral or
line 30 permanently affixed temperature measuring device or product
line 31 mimicking sensors, as specified in subdivision (c) of Section
line 32 114157.
line 33 (16) Requirements pertaining to the installation of fixed,
line 34 floor-mounted, and table-mounted equipment, as specified in
line 35 Section 114169.
line 36 (17) Dedicated laundry facility requirements, as specified in
line 37 Section 114185.5, provided that linens used in connection with
line 38 the microenterprise home kitchen operation shall be laundered
line 39 separately from the household and other laundry.
99
— 4 — AB 377 432
line 1 (18) Requirements pertaining to water, plumbing, drainage, and
line 2 waste, as specified in Sections 114193, 114193.1, and 114245.7.
line 3 (19) Any requirement that a microenterprise home kitchen
line 4 operation have more than one toilet facility or that access to the
line 5 toilet facility not require passage through the food preparation,
line 6 food storage, or utensil washing areas, including, but not limited
line 7 to, the requirements specified in Sections 114250 and 114276.
line 8 (20) Light intensity, light source, and lightbulb requirements,
line 9 as specified in Sections 114252 and 114252.1, provided that food
line 10 preparation areas are well lighted by natural or artificial light
line 11 whenever food is being prepared.
line 12 (21) Requirements to provide and use lockers, storage facilities,
line 13 and designated dressing areas, and that food facility premises be
line 14 free of litter and items that are unnecessary to the operation, as
line 15 specified in Sections 114256.1 and 114257.1, provided that
line 16 personal effects and clothing not ordinarily found in a home kitchen
line 17 are placed or stored away from food preparation areas and dressing
line 18 takes place outside of the kitchen.
line 19 (22) Limitations on the presence and handling of animals, such
line 20 as domestic, service, or patrol animals, as specified in Sections
line 21 114259.4 and 114259.5, provided that all animals, other than
line 22 service animals, are kept outside of the kitchen and dining areas
line 23 during food service and preparation.
line 24 (23) Requirements pertaining to floor, wall, and ceiling surfaces,
line 25 as specified in Sections 114268, 114269, and 114271, provided
line 26 that the floor, wall, and ceiling surfaces of the kitchen, storage,
line 27 and toilet areas are smooth, of durable construction, and easily
line 28 cleanable with no limitations on the use of wood, tile, and other
line 29 nonfiber floor surfaces ordinarily used in residential settings.
line 30 (24) Any local evaluation or grading system for food facilities,
line 31 as authorized by Section 113709.
line 32 (25) All prohibitions and limitations on the use of a kitchen in
line 33 a private home as a food facility, including, but not limited to,
line 34 prohibitions and limitations specified in Section 114285, provided
line 35 that food is not prepared in designated sleeping quarters. Open
line 36 kitchens adjacent to living and sleeping areas, kitchens in
line 37 efficiency, studio, and loft-style residences, and kitchens without
line 38 doors at all points of ingress and egress may be used in
line 39 microenterprise home kitchen operations.
99
AB 377 — 5 — 433
line 1 (26) Planning and permitting provisions of Sections 114380,
line 2 114381, and 114381.2.
line 3 (c) A microenterprise home kitchen operation may operate an
line 4 open-air barbecue or outdoor wood-burning oven, pursuant to the
line 5 requirements of Section 114143.
line 6 (d) The operator of a microenterprise home kitchen operation
line 7 shall successfully pass an approved and accredited food safety
line 8 certification examination, as specified in Section 113947.1.
line 9 (e) Any individual, other than the operator, who is involved in
line 10 the preparation, storage, or service of food in a microenterprise
line 11 home kitchen operation shall be subject to the food handler card
line 12 requirements specified in Section 113948.
line 13 SEC. 4. Section 114367.2 of the Health and Safety Code is
line 14 amended to read:
line 15 114367.2. (a) A microenterprise home kitchen operation shall
line 16 not be open for business unless it has obtained a permit issued
line 17 from the local enforcement agency.
line 18 (b) The department shall post on its Internet Web site internet
line 19 website the requirements for the permitting of a microenterprise
line 20 home kitchen operation, pursuant to this chapter and any ordinance,
line 21 resolution, or rules adopted by any city or city, county, or city and
line 22 county, that has authorized the permitting of microenterprise home
line 23 kitchen operations, which shall be written at a high school level.
line 24 (c) The applicant shall submit to the local enforcement agency
line 25 written standard operating procedures that include all of the
line 26 following information:
line 27 (1) All food types or products that will be handled.
line 28 (2) The proposed procedures and methods of food preparation
line 29 and handling.
line 30 (3) Procedures, methods, and schedules for cleaning utensils,
line 31 equipment, and for the disposal of refuse.
line 32 (4) How food will be maintained at the required holding
line 33 temperatures, as specified in Section 113996, pending pickup by
line 34 consumer or during delivery.
line 35 (5) Days and times that the home kitchen will potentially be
line 36 utilized as a microenterprise home kitchen operation.
line 37 (d) (1) The local enforcement agency shall issue a permit after
line 38 an initial inspection has determined that the proposed
line 39 microenterprise home kitchen operation and its method of operation
line 40 comply with the requirements of this chapter.
99
— 6 — AB 377 434
line 1 (2) A local enforcement agency shall not require a
line 2 microenterprise home kitchen operation to comply with food safety
line 3 requirements that are different from, or in addition to, the
line 4 requirements of this chapter.
line 5 (e) For purposes of permitting, the permitted area includes the
line 6 home kitchen, onsite consumer eating area, food storage, utensils
line 7 and equipment, toilet room, janitorial or cleaning facilities, and
line 8 refuse storage area. Food operations shall not be conducted outside
line 9 of the permitted areas.
line 10 (f) A local enforcement agency may require a microenterprise
line 11 home kitchen operation to renew its permit annually.
line 12 (g) A permit, once issued, is nontransferable. A permit shall be
line 13 valid only for the person and location specified by that permit,
line 14 and, unless suspended or revoked for cause, for the time period
line 15 indicated.
line 16 (h) The permit, or an accurate copy thereof, shall be retained
line 17 by the operator onsite and displayed at all times the microenterprise
line 18 home kitchen operation is in operation.
line 19 (i) A local An enforcement agency may collect a fee for the
line 20 issuance of a permit pursuant to this chapter in an amount that
line 21 does not exceed the reasonable administrative costs by the local
line 22 enforcement agency in issuing the permit.
line 23 (j) Notwithstanding any other law, if there are multiple local
line 24 agencies involved in the issuance of any type of permit, license,
line 25 or other authorization to a microenterprise home kitchen operation,
line 26 the governing body of the city or county, or city and county, shall
line 27 designate one lead local agency that shall be vested with the sole
line 28 authority to accept all applications for, to collect all fees for, and
line 29 to issue, any permit, license, or other authorization required for a
line 30 microenterprise home kitchen operation to operate in the city or
line 31 county, or city and county. A local agency other than the lead local
line 32 agency shall not accept any applications for, collect any fees for,
line 33 nor issue, any permits for the same purpose.
line 34 SEC. 5. Section 114367.3 of the Health and Safety Code is
line 35 amended to read:
line 36 114367.3. (a) Notwithstanding any other law, after the initial
line 37 inspection for purposes of determining compliance with this
line 38 chapter, a microenterprise home kitchen operation shall not be
line 39 subject to routine inspections, except that a representative of a
line 40 local enforcement agency may access, for inspection purposes, the
99
AB 377 — 7 — 435
line 1 permitted area of a microenterprise home kitchen operation after
line 2 the occurrence of either of the following:
line 3 (1) The representative has provided the microenterprise home
line 4 kitchen operation with reasonable advance notice.
line 5 (2) The representative has a valid reason, such as a consumer
line 6 complaint, to suspect that adulterated or otherwise unsafe food has
line 7 been produced or served by the microenterprise home kitchen
line 8 operation, or that the microenterprise home kitchen operation has
line 9 otherwise been in violation of this part.
line 10 (b)
line 11 114367.3. (a) Notwithstanding any other law, a microenterprise
line 12 home kitchen operation shall not be subject to more than one
line 13 routine inspection each year by the local enforcement agency,
line 14 except in cases in which the local enforcement agency has valid
line 15 reason, such as a consumer complaint, to suspect that adulterated
line 16 or otherwise unsafe food has been produced or served by the
line 17 microenterprise home kitchen operation, operation or that the
line 18 microenterprise home kitchen operation has otherwise been in
line 19 violation of this part.
line 20 (c) The local enforcement agency shall document the reason
line 21 for the inspection, keep that documentation on file with the
line 22 microenterprise home kitchen operation’s permit, and provide the
line 23 reason in writing to the operator of the microenterprise home
line 24 kitchen operation.
line 25 (d)
line 26 (b) (1) Access provided under this section is limited to the
line 27 permitted area of the microenterprise home kitchen operation,
line 28 during the posted operating hours of the microenterprise home
line 29 kitchen operation, and solely for the purpose of enforcing or
line 30 administering this part.
line 31 (2) Notwithstanding paragraph (1), a local enforcement agency
line 32 may inspect a microenterprise home kitchen operation outside its
line 33 posted operating hours under the following conditions:
line 34 (A) The enforcement agency determines an urgent public health
line 35 and safety issue requires inspection outside the posted operating
line 36 hours.
line 37 (B) The microenterprise home kitchen operation is not open
line 38 during the regular business hours of the enforcement agency.
line 39 (e)
99
— 8 — AB 377 436
line 1 (c) A local enforcement agency may seek recovery from a
line 2 microenterprise home kitchen operation of an amount that does
line 3 not exceed the local enforcement agency’s reasonable costs of
line 4 inspecting the microenterprise home kitchen operation for
line 5 compliance with this part if the microenterprise home kitchen
line 6 operation is found to be in violation of this part.
line 7 SEC. 6. Section 114367.5 of the Health and Safety Code is
line 8 amended to read:
line 9 114367.5. (a) A person delivering food on behalf of a
line 10 microenterprise home kitchen operation with a permit issued
line 11 pursuant to Section 114367.2 shall be an employee of the operation
line 12 or a family member or household member of the permitholder,
line 13 and, if the person drives a motor vehicle in the delivery of the food,
line 14 the person shall have a valid driver’s license. permitholder.
line 15 (b) The microenterprise home kitchen operation shall keep on
line 16 file a copy of the valid driver’s license of a person delivering food
line 17 on behalf of the operation.
line 18 SEC. 7. Section 114367.6 of the Health and Safety Code is
line 19 amended to read:
line 20 114367.6. (a) An Internet internet food service intermediary
line 21 that lists or promotes a microenterprise home kitchen operation
line 22 on its Internet Web site internet website or mobile application shall
line 23 meet all of the following requirements:
line 24 (1) Be registered with the department.
line 25 (2) Prior to the listing or publication of a microenterprise home
line 26 kitchen operation’s offer of food for sale, clearly and conspicuously
line 27 post on its Internet Web site internet website or mobile application
line 28 the requirements for the permitting of a microenterprise home
line 29 kitchen specified in this chapter, which shall be written at the high
line 30 school level and be provided by the department.
line 31 (3) Clearly and conspicuously post on its Internet Web site
line 32 internet website or mobile application the fees associated with
line 33 using its platform in a manner that allows both the consumer and
line 34 the microenterprise home kitchen operation to see and understand
line 35 the amount being charged for the services provided by the Internet
line 36 internet food service intermediary. The Internet internet food
line 37 service intermediary shall notify microenterprise home kitchen
line 38 operations of any changes to these fees exceeding a 2-percent
line 39 increase in writing and no later than one month before the changes
line 40 take effect.
99
AB 377 — 9 — 437
line 1 (4) Clearly and conspicuously post on its Internet Web site
line 2 internet website or mobile application whether or not it has liability
line 3 insurance that would cover any incidence arising from the sale or
line 4 consumption of food listed or promoted on its Internet Web site
line 5 internet website or mobile application.
line 6 (5) Provide a dedicated field on its platform for a microenterprise
line 7 home kitchen operation to post the permit number, and shall
line 8 provide notice to the microenterprise home kitchen operation of
line 9 the requirement that the permit number be updated annually.
line 10 (6) Clearly and conspicuously post on its Internet Web site
line 11 internet website or mobile application how a consumer can contact
line 12 the Internet internet food service intermediary through its Internet
line 13 Web site internet website or mobile application if the consumer
line 14 has a food safety or hygiene complaint and a link to the
line 15 department’s Internet Web site internet website that contains
line 16 information for how to file a complaint with the local enforcement
line 17 agency.
line 18 (7) Submit the name and permit number of a microenterprise
line 19 home kitchen operation to the local enforcement agency if it
line 20 receives, through its Internet Web site internet website or mobile
line 21 application, three or more unrelated individual food safety or
line 22 hygiene complaints in a calendar year from consumers that have
line 23 made a purchase through its Internet Web site internet website or
line 24 mobile application. The Internet internet food service intermediary
line 25 shall submit this information to the local enforcement agency
line 26 within two weeks of the third complaint received.
line 27 (8) If it is notified by the local enforcement agency of significant
line 28 food safety related complaints from a verified consumer that has
line 29 made a purchase through its Internet Web site internet website or
line 30 mobile application, submit to the local enforcement agency the
line 31 name and permit number of microenterprise home kitchen
line 32 operation where the food was purchased, and a list of consumers
line 33 who purchased food on the same day from that microenterprise
line 34 home kitchen operation through its Internet Web site internet
line 35 website or mobile application.
line 36 (9) Prior to the listing or publication of a microenterprise home
line 37 kitchen operation’s offer of food for sale, obtain consent from the
line 38 microenterprise home kitchen operation to make the disclosures
line 39 to government entities required pursuant to this section.
99
— 10 — AB 377 438
line 1 (10) Shall not permit the use of the word “catering” or any
line 2 variation of that word in a listing or publication of a
line 3 microenterprise home kitchen operation’s offer of food for sale.
line 4 (b) For purposes of this chapter, an “Internet “internet food
line 5 service intermediary” means an entity that provides a platform on
line 6 its Internet Web site internet website or mobile application through
line 7 which a microenterprise home kitchen operation may choose to
line 8 offer food for sale and from which the Internet internet food service
line 9 intermediary derives revenues, including, but not limited to,
line 10 revenues from advertising and fees for services offered to a
line 11 microenterprise home kitchen operation. Services offered by an
line 12 Internet internet food service intermediary to a microenterprise
line 13 home kitchen operation may include, but are not limited to,
line 14 allowing a microenterprise home kitchen operation to advertise
line 15 its food for sale and providing a means for potential consumers to
line 16 arrange payment for the food, whether the consumer pays directly
line 17 to the microenterprise home kitchen operation or to the Internet
line 18 internet food service intermediary. Merely publishing an
line 19 advertisement for the microenterprise home kitchen operation or
line 20 food cooked therein does not make the publisher an Internet
line 21 internet food service intermediary.
line 22 (c) (1) A microenterprise home kitchen operation that advertises
line 23 to the public, including, but not limited to, advertising by website,
line 24 internet, social media platform, newspaper, newsletter, or other
line 25 public announcement, shall include all of the following within the
line 26 advertisement:
line 27 (A) Name of the enforcement agency.
line 28 (B) Permit number.
line 29 (C) Statement that the food prepared is “Made in a Home
line 30 Kitchen” in a clear and conspicuous font and location within a
line 31 written advertisement and an audible and comprehensible manner
line 32 in a verbal advertisement.
line 33 (2) A microenterprise home kitchen operation shall not use the
line 34 word “catering” or any variation of that word in an advertisement
line 35 relating to the microenterprise home kitchen operation’s offer of
line 36 food for sale.
line 37 SEC. 8. Section 114367.7 is added to the Health and Safety
line 38 Code, to read:
line 39 114367.7. (a) (1) On or before January 1, 2021, and annually
line 40 thereafter, an enforcement agency permitting and inspecting
99
AB 377 — 11 — 439
line 1 microenterprise home kitchen operations in accordance with this
line 2 chapter shall report to the Legislature all of the following relating
line 3 to microenterprise home kitchen operations within its jurisdiction:
line 4 (A) Number of permits issued.
line 5 (B) Foods authorized to be prepared.
line 6 (C) Number and nature of violations of this chapter.
line 7 (2) Each report shall be submitted in compliance with Section
line 8 9795 of the Government Code.
line 9 (b) Within seven business days of submitting a report pursuant
line 10 to subdivision (a), an enforcement agency shall post a conspicuous
line 11 link on the homepage of its internet website to an electronic copy
line 12 of the report.
line 13 SEC. 9. No reimbursement is required by this act pursuant to
line 14 Section 6 of Article XIIIB of the California Constitution because
line 15 the only costs that may be incurred by a local agency or school
line 16 district will be incurred because this act creates a new crime or
line 17 infraction, eliminates a crime or infraction, or changes the penalty
line 18 for a crime or infraction, within the meaning of Section 17556 of
line 19 the Government Code, or changes the definition of a crime within
line 20 the meaning of Section 6 of Article XIIIB of the California
line 21 Constitution.
line 22 SEC. 10. This act is an urgency statute necessary for the
line 23 immediate preservation of the public peace, health, or safety within
line 24 the meaning of Article IV of the California Constitution and shall
line 25 go into immediate effect. The facts constituting the necessity are:
line 26 To ensure a uniform implementation of the health and food safety
line 27 responsibilities of microenterprise home kitchen operations
line 28 throughout the state, it is necessary that this act take effect
line 29 immediately.
O
99
— 12 — AB 377 440
MEDIA CONTACT
Chris Gilbride
(213) 453-6537
cgilbride@semprautilities.com
FOR IMMEDIATE RELEASE
SoCalGas Announces Vision to Be Cleanest Natural Gas Utility in North America
Utility commits to delivering affordable and increasingly renewable energy to customers – Includes replacing 20
percent of traditional natural gas supply with renewable natural gas by 2030
Senate Bill 1383 requires 40 percent methane capture from California's waste streams -- from sewage
treatment, and landfills, and agriculture, and dairies.
LOS ANGELES, March 6, 2019 – Southern California Gas Co. (SoCalGas) today announced a bold plan to replace
20 percent of its traditional natural gas supply with renewable natural gas (RNG) by 2030. Today’s
announcement is part of SoCalGas’ vision to be the cleanest natural gas utility in North America, delivering
affordable and increasingly renewable energy to its customers. To kickstart the plan, SoCalGas will pursue
regulatory authority to implement a broad renewable natural gas procurement program with a goal of
replacing five percent of its natural gas supply with RNG by 2022. SoCalGas also recently filed a request with
the California Public Utilities Commission (CPUC) to allow customers to purchase renewable natural gas for
their homes. SoCalGas aims to have CPUC approval of its voluntary program by the end of the year.
Renewable natural gas is a clean fuel produced from our waste streams (i.e., sewers and food waste, as well as
dairy and agriculture waste) and can be used like traditional natural gas to heat homes and businesses, for
cooking, and to fuel trucks and buses. RNG reduces GHG emissions because it can take more GHG emissions
out of the air than it emits as an energy source. In 2016 Governor Brown signed legislation to reduce short-
lived climate pollutants, including methane from organic sources. The law requires 40 percent of methane
from sewage treatment plants, landfills and agriculture to be captured, with provisions for energy delivery to
customers.
SoCalGas’ commitment to develop RNG is part of a broader, integrated vision for the future of clean energy
that keeps energy affordable, expands consumer choice, and develops long-term and seasonal renewable
energy storage using existing infrastructure.
“Our vision is to become the cleanest natural gas utility in North America, delivering affordable and
increasingly renewable energy to our customers,” said Bret Lane, SoCalGas’ chief executive officer.
“Californians deserve clean, safe, and reliable energy that every family can afford. Today’s announcement is an
important step toward delivering a clean energy future that works for every family and business in our state.”
“We applaud SoCalGas’ commitment to have 5 percent of their supplies be renewable natural gas by 2022. Our
campuses currently rely on gas-fired power plants to keep the lights on,” said David Phillips, associate vice
president of energy and sustainability of the University of California's Office of the President. “Decarbonizing
our gas supplies can be an effective strategy to lower our greenhouse gas emissions. Widely available
renewable natural gas will bring us and the rest of California closer to carbon-neutrality.”
“What a great goal! California needs more renewable energy, and we need all the renewable natural gas we
can put into the pipeline. We welcome SoCalGas’ announcement and look forward to the day renewable
441
natural gas is available to all customers,” said Joe Lyou, president and chief executive officer of the Coalition
for Clean Air.
“SoCalGas is taking a bold step in the fight against climate change,” said Maria Salinas, president and chief
executive officer of the Los Angeles Area Chamber of Commerce. “Businesses are often looking for ways to be
both cost efficient and environmentally responsible. SoCalGas strikes the right balance with their vision for
2030, becoming the largest and cleanest natural gas utility in the country and helping Los Angeles continue to
be a leader in environmental standards.”
“California has a population of 40 million people, converting the waste we produce into clean energy for use in
our homes and businesses is necessary if we are going to achieve a carbon-neutral economy by 2045,” said Dr.
Matt Rahn of Cal State San Marcos, Environmental Leadership Institute. “Creating a balanced energy portfolio
that includes renewable natural gas will help meet the state’s climate goals.”
“Tulare County is in a vital position to produce renewable natural gas from one of our largest industries, dairy,”
said Paul Saldana, president and chief executive officer of the Tulare County EDC. “We are proud to be part of
the solution to climate change in California.”
“SoCalGas continues to demonstrate great leadership with their goal to be the cleanest natural gas utility in
the country,” said Alicia Berhow, Senior Vice President of Government Affairs of OCBC. “Ensuring renewable
natural gas is available to customers will help preserve consumer choice and provide affordable, and
increasingly renewable energy to homes and businesses.”
SUFFICIENT RNG SUPPLIES TO ACCELERATE DEVELOPMENT
With a commitment to replace 20 percent of its traditional natural gas supply with RNG, SoCalGas aims to
accelerate the development of in-state renewable gas projects and achieve significant emissions reductions.
Today more than 80 percent of methane emissions in California come from agriculture, dairies, wastewater
treatment plants and other organic sources. A 2016 study by the University of California, Davis calculated
that California has the potential to produce nearly 100 billion cubic feet (bcf) per year of renewable natural
gas. This would be enough to meet the annual natural gas needs of around 2.3 million California homes.
In addition, out-of-state sources of RNG are significant and growing. According to the U.S. Department of
Energy, the U.S. currently produces 1 trillion cubic feet of renewable natural gas every year, and that number
is expected to increase to 10 trillion by 2030.
RNG IS ALREADY HELPING CALIFORNIA MEET ITS CLIMATE GOALS
SoCalGas has been working to accelerate the further development of RNG projects in California. In 2018,
renewable natural gas produced in the state began flowing into SoCalGas pipelines for the first time, from an
anaerobic digester built and operated by waste hauling company CR&R. CR&R’s facility produces renewable
natural gas using organic waste collected in Southern California cities' green waste bins and already fuels 400
of their collection trucks.
In January 2019, Calgren, a biofuel producer, began flowing renewable natural gas into the SoCalGas system
from a dairy digester pipeline cluster. The facility will eventually collect biogas from anaerobic digesters at 12
Tulare County dairies, preventing about 130,000 tons of greenhouse gas from entering the atmosphere each
year, the equivalent of taking more than 25,000 passenger cars off the road for a year.
Today, there are some 24 California dairy methane capture projects either operating or in development, and
experts estimate there could be as many as 120 projects funded and operating in the next five years. In
addition, as the state seeks to divert organic waste from landfills and capture emissions from wastewater
treatment plants, more locally produced renewable natural gas will become available. 442
For more information on RNG’s visit https://www.socalgas.com/smart-energy/renewable-gas
###
About SoCalGas
Headquartered in Los Angeles, SoCalGas® is the largest natural gas distribution utility in the United States.
SoCalGas delivers affordable, reliable, clean and increasingly renewable natural gas service to 21.8 million
customers across 24,000 square miles of Central and Southern California, where more than 90 percent of
residents use natural gas for heating, hot water, cooking, drying clothes or other uses. Natural gas delivered
through the company's pipelines also plays a key role in providing electricity to Californians—about 60 percent
of electric power generated in the state comes from gas-fired power plants.
SoCalGas is committed to investing in its natural gas system infrastructure, while keeping bills affordable for
our customers. From 2013 through 2017, the company spent nearly $6 billion to upgrade and modernize its
natural gas system to enhance safety and reliability. The company is also committed to being a leader in the
region's clean energy future, and is working to accelerate the use of renewable natural gas from dairy farms,
landfills and wastewater treatment plants and the development of renewable energy storage technologies.
SoCalGas is a subsidiary of Sempra Energy (NYSE: SRE), an energy services holding company based in San
Diego. For more information visit socalgas.com/newsroom or connect with SoCalGas
on Twitter (@SoCalGas), Instagram (@SoCalGas) and Facebook.
This press release contains statements that are not historical fact and constitute forward-looking statements
within the meaning of the Private Securities Litigation Reform Act of 1995. These statements can be identified
by words such as "believes," "expects," "anticipates," "plans," "estimates," "projects," "forecasts,"
"contemplates," "assumes," "depends," "should," "could," "would," "will," "confident," "may," "can,"
"potential," "possible," "proposed," "target," "pursue," "outlook," "maintain," or similar expressions or
discussions of guidance, strategies, plans, goals, vision, opportunities, projections, initiatives, objectives or
intentions. Forward-looking statements are not guarantees of performance. They involve risks, uncertainties
and assumptions. Future results may differ materially from those expressed in the forward-looking statements.
Factors, among others, that could cause our actual results and future actions to differ materially from those
described in any forward-looking statements include risks and uncertainties relating to: actions and the timing
of actions, including decisions, new regulations, and issuances of permits and other authorizations by the
California Public Utilities Commission (CPUC), U.S. Department of Energy, California Department of
Conservation’s Division of Oil, Gas, and Geothermal Resources, Federal Energy Regulatory Commission, U.S.
Environmental Protection Agency, Pipeline and Hazardous Materials Safety Administration, California Air
Resources Board, South Coast Air Quality Management District, Los Angeles County Department of Public
Health, states, cities and counties, and other regulatory and governmental bodies in the U.S.; the timing and
success of business development efforts and construction projects, including risks in (i) timely obtaining or
maintaining permits and other authorizations, (ii) completing construction projects on schedule and on budget,
and (iii) counterparties being unable fulfill contractual commitments; the resolution of civil and criminal
litigation and regulatory investigations; deviations from regulatory precedent or practice that result in a
reallocation of benefits or burdens among shareholders and ratepayers; denial of approvals of proposed
settlements or modifications of settlements; delays in, or disallowance or denial of, regulatory agency
authorizations to recover costs in rates from customers or regulatory agency approval for projects required to
enhance safety and reliability, any of which may raise our cost of capital and materially impair our ability to
finance our operations; the availability of electric power and natural gas, and natural gas pipeline and storage
capacity, including disruptions caused by failures in the transmission grid, moratoriums or limitations on the
withdrawal or injection of natural gas from or into storage facilities, and equipment failures; changes in energy
markets; volatility in commodity prices; moves to reduce or eliminate reliance on natural gas; weather
conditions, natural disasters, accidents, equipment failures, computer system outages, explosions, terrorist
attacks and other events that disrupt our operations, damage our facilities and systems, cause the release of
greenhouse gases and harmful emissions, and subject us to third-party liability for property damage or
personal injuries, fines and penalties, some of which may not be covered by insurance (including costs in excess 443
of applicable policy limits), may be disputed by insurers or may otherwise not be recoverable through
regulatory mechanisms or may impact our ability to obtain satisfactory levels of insurance, to the extent that
such insurance is available or not prohibitively expensive; cybersecurity threats to the energy grid, storage and
pipeline infrastructure, the information and systems used to operate our businesses and the confidentiality of
our proprietary information and the personal information of our customers and employees; capital markets and
economic conditions, including the availability of credit and the liquidity of our investments; and fluctuations in
inflation and interest rates and our ability to effectively hedge the risk of such fluctuations; the impact of recent
federal tax reform and uncertainty as to how it may be applied, and our ability to mitigate adverse impacts;
actions by credit rating agencies to downgrade our credit ratings or to place those ratings on negative outlook
and our ability to borrow at favorable interest rates; changes in foreign and domestic trade policies and laws,
including border tariffs, and revisions to or replacement of international trade agreements, such as the North
American Free Trade Agreement, that may increase our costs or impair our ability to resolve trade disputes;
and other uncertainties, some of which may be difficult to predict and are beyond our control.
These risks and uncertainties are further discussed in the reports that Sempra Energy has filed with the U.S.
Securities and Exchange Commission (SEC). These reports are available through the EDGAR system free-of-
charge on the SEC's website, www.sec.gov. Investors should not rely unduly on any forward-looking
statements. These forward-looking statements speak only as of the date hereof, and the company undertakes
no obligation to update or revise these forecasts or projections or other forward-looking statements, whether
as a result of new information, future events or otherwise.
Sempra South American Utilities, Sempra North American Infrastructure, Sempra LNG & Midstream, Sempra
Renewables, Sempra Mexico, Sempra Texas Utility, Oncor Electric Delivery Company LLC (Oncor) and
Infraestructura Energética Nova, S.A.B. de C.V. (IEnova) are not the same companies as the California utilities,
San Diego Gas & Electric Company (SDG&E) or Southern California Gas Company (SoCalGas), and Sempra South
American Utilities, Sempra North American Infrastructure, Sempra LNG & Midstream, Sempra Renewables,
Sempra Mexico, Sempra Texas Utility, Oncor and IEnova are not regulated by the California Public Utilities
Commission.
444
City of Huntington Beach
File #:19-312 MEETING DATE:3/18/2019
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Fred A. Wilson, City Manager
PREPARED BY:Antonia Graham, Assistant to the City Manager
Subject:
Adopt Resolution No. 2019-13 adopting revised Orange County Taxi Administration Program
(OCTAP) regulations and approving for introduction Ordinance No. 4178 amending
Huntington Beach Municipal Code Chapter 5.48 relating to Taxi Cabs
Statement of Issue:
With the implementation of Assembly Bill 1069 (Low), the regulation of taxi cabs in the State of
California has changed dramatically and required all cities which previously had adopted similar
ordinances for inclusion in the Orange County Taxi Administration Program (OCTAP) to amend those
ordinances based on the new law. This Council Action seeks to amend the City’s Municipal Code
Chapter 5.48 relating to Taxi Cabs. The amendment retains the OCTAP partnership and adopts the
OCTAP regulations as approved by the OCTAP Steering Committee.
Financial Impact:
None with this action. On December 17, 2018, City Council authorized the City Manager to execute
Cooperative Agreement No. C-8-2015. This agreement specifies that the City’s funding share of
OCTAP is 6.04% or $5,943.21 in FY 18/19, $14,306.84 in FY 19/20 and $10,634.91 in FY 20/21.
Funding is included in the City Manager’s annual budget 10030101. The share is based on
population and the costs are estimates and could be adjusted slightly each year.
Recommended Action:
A) Adopt Resolution No. 2019-13, “A Resolution of the City Council of the City of Huntington Beach
Adopting Revised Orange County Taxi Administration Program Regulations;” and,
B) Approve for introduction Ordinance No. 4178, “An Ordinance of the City of Huntington Beach
Amending Huntington Beach Municipal Code Chapter 5.48 Taxi Cabs.”
Alternative Action(s):
Do not adopt and direct staff accordingly.
Analysis:
The Orange County Transportation Authority (OCTA) has administered the Orange County Taxi
City of Huntington Beach Printed on 3/13/2019Page 1 of 3
powered by Legistar™445
File #:19-312 MEETING DATE:3/18/2019
The Orange County Transportation Authority (OCTA) has administered the Orange County Taxi
Administration Program (OCTAP) on behalf of Orange County cities and the County of Orange since
1998. At that time, OCTAP was created to consolidate the licensing, application, and administrative
functions to assist the cities and the County of Orange (member agencies) in meeting their
requirements set forth in Government Code Section 53075.5 and Vehicle Code 21100,et seq.
In October 2017, then Governor Brown signed into law new taxi regulations (AB 1069 - Chapter 753,
Statutes of 2017). This new law changed the way taxis were regulated and OCTAP could no longer
operate as it once was. In October of 2018, the OCTA Board of Directors directed staff to establish a
cooperative agreement with Orange County cities and the County of Orange for the administration of
the Orange County Taxi Administration Program from January 1, 2019,through December 31, 2020.
On December 17, 2018, the City Council approved Cooperative Agreement No. C-8-2015 with OCTA
and the Cities within Orange County for the program.
Since its inception, OCTAP was designed to be funded entirely through permit and license fees
collected from taxi operators and drivers. With the arrival of transportation network companies
(TNC), such as Uber and Lyft, the marketplace has greatly reduced revenues and,thereby, created a
financially unsustainable condition for OCTAP as currently funded. Following discussion with the
Orange County City Manager’s Association (OCCMA), it was determined that contributions from
member agencies would be required for OCTA to continue to administer OCTAP. Due to the
continued decline of taxicab permits, the permit fees alone are not enough to sustain the program
and therefore external contributions from member agencies were agreed upon using a population-
based cost sharing model.
A new OCTAP structure was established, which included the formation of a Steering Committee,
which the City’s Assistant to the City Manager sits on along with members from the Cities of
Fullerton, Garden Grove,Newport Beach, Orange, and the County of Orange. At the February 5,
2019,meeting, the OCTAP Steering Committee approved new bylaws, adopted new (and reduced)
taxi regulations, a fine schedule, metered rates, and considered OCTAP permit fees for OCTA Board
consideration. The committee unanimously approved all items, including recommending the
proposed permit fees to the OCTA Board.
Environmental Status:
Not Applicable
Strategic Plan Goal:
Enhance and maintain public safety
Improve Quality of Life
Attachment(s):
1. Resolution No. 2019-13, “A Resolution of the City Council of the City of Huntington Beach
Adopting Revised Orange County Taxi Administration Program Regulations”
2. Ordinance No. 4178, “An Ordinance of the City of Huntington Beach Amending Huntington
Beach Municipal Code Chapter 5.48 Taxi Cabs”
3. Legislative Draft.
City of Huntington Beach Printed on 3/13/2019Page 2 of 3
powered by Legistar™446
File #:19-312 MEETING DATE:3/18/2019
City of Huntington Beach Printed on 3/13/2019Page 3 of 3
powered by Legistar™447
448
449
450
451
452
453
454
455
456
457
458
459
460
461
462
463
464
465
466
467
468
469
470
471
472
473
474
475
476
477
478
479
480
481
482
483
484
485
486
487
488
489
490
491
492
493
494