HomeMy WebLinkAbout2019-06-03 Agenda PacketMEETING ASSISTANCE NOTICE: In accordance with the Americans with Disabilities Act, services are available to members of our
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AGENDA
CITY COUNCIL/PUBLIC FINANCING AUTHORITY
Monday, June 3, 2019
Council Chambers
2000 Main Street
Huntington Beach, CA 92648
Study Session - 4:00 PM / Closed Session - 5:00 PM
Special Meeting of the Housing Authority - 6:00 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
LORI ANN FARRELL HARRISON, Interim City Manager
MICHAEL E. GATES, City Attorney
ROBIN ESTANISLAU, City Clerk
ALISA BACKSTROM, City Treasurer
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City Council/Public Financing
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AGENDA June 3, 2019
4:00 PM - COUNCIL CHAMBERS
CALL TO ORDER
ROLL CALL
Brenden, Carr, Semeta, Peterson, Posey, Delgleize, Hardy
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda
Distribution)
PUBLIC COMMENTS PERTAINING TO STUDY SESSION / CLOSED SESSION ITEMS (3 Minute
Time Limit)
STUDY SESSION
19-6091.The Public Works Department will present the FY 2019/20 proposed
Capital Improvement Program (CIP)
RECESS TO CLOSED SESSION
CLOSED SESSION ANNOUNCEMENT(S)
19-6542.Mayor Peterson to announce: Pursuant to Government Code §
54957.6, the City Council shall recess into Closed Session to meet
with its designated labor negotiator: Lori Ann Farrell-Harrison,
Interim City Manager; also in attendance: Robert Handy, Police
Chief; Gilbert Garcia, Chief Financial Officer; and Michele Warren,
Director of Human Resources regarding the following: Police
Management Association (PMA).
CLOSED SESSION
19-6493.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, one (1).
19-6504.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: Benzen Properties, LLC, et al. v.
City of Huntington Beach, et al.; OCSC Case No. 30-2019-01070544
19-6565.Pursuant to Government Code § 54956.9(d)(1), the City Council shall
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AGENDA June 3, 2019
recess into Closed Session to confer with the City Attorney
regarding the following lawsuit: Moore (Neal), et al. v. City of
Huntington Beach, et al.; OCSC Case No.: 30-2019-01071686.
19-6636.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: Bedel (Richard) v. City of
Huntington Beach; OCSC Case No.: 30-2017-00958740.
19-6517.Pursuant to Government Code § 54957.6, the City Council shall
recess into Closed Session to meet with its designated labor
negotiator: Lori Ann Farrell-Harrison, Interim City Manager; also in
attendance: Robert Handy, Police Chief; Gilbert Garcia, Chief
Financial Officer; and Michele Warren, Director of Human
Resources regarding the following: Police Management
Association (PMA).
6:00 PM – COUNCIL CHAMBERS
RECONVENE CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING, AND CALL TO
ORDER A SPECIAL MEETING OF THE HUNTINGTON BEACH HOUSING AUTHORITY
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.
19-6388.Rev. Pattie Mercado of the Huntington Beach Center for Spiritual
Living and member of the Greater Huntington Beach Interfaith
Council
CLOSED SESSION REPORT BY CITY ATTORNEY
AWARDS AND PRESENTATIONS
19-5589.Mayor Peterson to call on American Heart Association (AHA)
Regional Director of Quality & Systems Improvement, Jennifer
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AGENDA June 3, 2019
Garrow, to present the “Mission: Lifeline EMS Silver Plus Award”
for excellence in cardiac care for heart attack victims.
19-59210.Mayor Peterson to call on Debbie Killey to present the winners of
the 2019 Huntington Beach Environmental Board Art Contest for
Middle and Senior High School Students.
19-59311.Mayor Peterson to proclaim Sunday, June 9 as “Huntington Peach
Day” as Miracles for Kids hopes to raise funds and awareness for
the “Largest Gathering of People Dressed as a Fruit or Vegetable”
at the Huntington Beach Pier.
19-61712.Mayor Peterson to acknowledge the Historic Wintersburg
Preservation Task Force.
19-66413.Mayor Peterson to call on Community Services Director Marie
Knight to call on the Childrens’ Needs Task Force Members, to
present Certificates to Youth Character Award recipients.
19-65314.Special recognition to outgoing Huntington Beach Interim City
Manager/Assistant City Manager Lori Ann Farrell Harrison.
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda
Distribution)
PUBLIC COMMENTS (3 Minute Time Limit)
COUNCIL COMMITTEE - APPOINTMENTS - LIAISON REPORTS, AB 1234 REPORTING, AND
OPENNESS IN NEGOTIATIONS DISCLOSURES
CITY MANAGER'S REPORT
CONSENT CALENDAR
19-58515.Approve and Adopt Minutes
A) Approve and adopt the City Council/Public Financing Authority special meeting
minutes dated April 18, 2019; and,
B) Approve and adopt the City Council/Public Financing Authority regular meeting
minutes dated May 6, 2019.
Recommended Action:
19-63516.Approve the May 2019 City of Huntington Beach Strategic Plan
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AGENDA June 3, 2019
Update
Approve the May 2019 Strategic Objectives Update as contained within Attachment 1.
Recommended Action:
19-57817.Receive and File Residential and Commercial Refuse Collection
Rates Effective July 1, 2019 and Appropriate $175,000 from FY18/19
Refuse Fund revenue for FY18/19 Operating Expenditures
A) Receive and file the Residential and Commercial Refuse Rates effective July 1,
2019; and,
B) Authorize an appropriation of $175,000 for operating costs for Refuse Collection
Contract Services.
Recommended Action:
19-66018.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 if Amended on Assembly Bill 552 (Stone):
Coastal Adaptation, Access and Resilience Program; and ,
B) Approve a City position of Support on Assembly Bill 1718 (Levine): State Coastal
Beaches Smoking Ban and Senate Bill 8 (Glazer): State Parks: State Coastal
Beaches: Smoking Ban; and,
C) Approve a City position of Oppose on Assembly Bill 1184 (Garcia): Public
Records: Writing Transmitted by Electronic Mail: Retention; and,
D) Approve a City position of Oppose on Assembly Bill 516 (Chiu): Authority to
Remove Vehicles; and,
E) Approve a City position of Oppose on Assembly Bill 1356 (Ting): Cannabis: Local
Jurisdictions: Retail Commercial Cannabis Activity .
Recommended Action:
19-61919.Accept the lowest responsive and responsible bid and authorize
execution of a construction contract with RT Contractor Inc. in the
amount of $535,000 for the Central Park Restrooms Project, CC1591
A) Accept the lowest responsive and responsible bid submitted by RT Contractor, Inc.
in the amount of $535,000; and,
Recommended Action:
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AGENDA June 3, 2019
B) Authorize the Mayor and City Clerk to execute a construction contract in a form
approved by the City Attorney.
19-56420.Award and authorize execution of a construction contract in the
amount of $490,050.00 to Aid Builders, Inc. for the Alley
Rehabilitation Project, CC-1569
A) Accept the lowest responsive and responsible bid submitted by Aid Builders, Inc.,
in the amount of $490,050.00; and,
B) Authorize the Mayor and City Clerk to execute a construction contract in a form
approved by the City Attorney.
Recommended Action:
19-62721.Approve and Authorize the Execution of a License Agreement
between the City of Huntington Beach and Concours D’Elegance
Group for use of Central Library facilities for the Annual Concours
Car Show
Approve and authorize the Mayor and City Clerk to execute the “First Restated and
Amended License Agreement between the City of Huntington Beach and Concours
D'Elegance Group for use of Public Library Facilities for an annual Concours Car Show.”
Recommended Action:
19-58922.Approve Final Tract Map No. 17801 and Subdivision Agreement for
the LeBard Park Residential Subdivision (Seabreeze Homes) by HB
Homes Management, LLC at 20461 Craimer Lane
A) Approve Final Tract Map No. 17801 and accept the offer of easement dedications
for street, public utility purposes and drainage purposes on Cynthia Drive and
Lightbreeze Circle pursuant to findings and requirements (Attachment No. 1); and ,
B) Approve and authorize the Mayor and City Clerk to execute the Subdivision
Agreement by and between the City of Huntington Beach and HB Homes
Management, LLC (Attachment No. 6); and ,
C) Accept Faithful Performance Bond No. 379919S, Labor and Material Bond No.
379919S and Monument Bond No. 379922S as sureties for the installation of the
subdivision’s required public improvements and survey monumentation
(Attachment No. 7); and,
D) Authorize the Mayor and City Clerk to sign Final Tract Map No. 17801 on behalf of
the City of Huntington Beach; and ,
Recommended Action:
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AGENDA June 3, 2019
E) Instruct the City Clerk to file the respective bonds with the City Treasurer and notify
the Surety, Indemnity Insurance Company of this action.
19-62223.Approve Affordable Housing Agreement for Tract No. 18147
Windbourne Residential Development (Franklin School Site)
located at 14422 Hammon Lane and authorize City Manager to sign
documents to effectuate the Agreement
CITY COUNCIL/HOUSING AUTHORITY MOTION TO:
A) Approve and authorize the Mayor/Chairperson and City Clerk/Secretary to sign the
Affordable Housing Agreement for Tract No. 18147 Windbourne Residential
Development; and,
B) Authorize the City Manager to sign any and all related documents to effectuate the
Agreement.
Recommended Action:
19-65924.Approve and Authorize Execution of Agreement with Tripepi Smith
for Cablecasting Services
Approve and authorize the Mayor and City Clerk to execute a two-year contract with
Tripepi Smith for Cablecasting Services in an amount not to exceed $150,000.
Recommended Action:
19-64325.Adopt Ordinance No. 4181 amending Section 2.76.010 of the
Huntington Beach Municipal Code (HBMC) related to exclusions
from competitive service by adding the classification of Assistant
Chief Financial Officer
Approved for Introduction May 20, 2019 - Vote: 4-2-1 (Carr,
Hardy-No; Peterson-Absent)
Adopt Ordinance No. 4181, “An Ordinance of the City of Huntington Beach Amending the
Huntington Beach Municipal Code by Amending Section 2.76.010 Thereof Related to
Exclusions From the Competitive Service” by adding the Assistant Chief Financial Officer .
Recommended Action:
PUBLIC HEARING
19-60626.Public Hearing To Consider Adopting Resolution No. 2019-28 To
Adopt A Budget For The City For Fiscal Year 2019/2020
Recommended Action:
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AGENDA June 3, 2019
A) Open the Public Hearing on the Proposed FY 2019/20 City budget appropriation of
$381,229,021 as outline in the Proposed Budget document;
B) Adopt Resolution Number 2019-28, "A Resolution of the City Council of the City of
Huntington Beach Adopting a Budget for the City for FY 2019/20” as shown on
Attachment 2;
C) Approve the FY 2019/20 Proposed Budget Table of Organization as shown on
Attachment 2, Exhibit D; and,
D) Authorize the Professional Services included in the FY 2019/20 budget to be
representative of the services projected to be utilized by departments in FY 2019/20,
as shown in Attachment 3.
19-62327.Conduct a Tax and Equity Fiscal Responsibility Act (“TEFRA”)
public hearing and adopt Resolution No. 2019-41 approving the
financing of the construction of improvements to the Pegasus
School, located at 19692 Lexington Lane, with no City obligations
A) Conduct the public hearing under the requirements of TEFRA and the Internal
Revenue Code of 1986, as amended (the “IRS Code”); and ,
B) Adopt Resolution No. 2019-41, “A Resolution of the City Council of the City of
Huntington Beach approving the making of the one or more loans by First Republic
Bank to the California Municipal Finance Authority in a Principal Amount not to
Exceed $13,000,000, for the Purpose of Financing the Costs of Certain
Improvements to a School Commonly Known as the Pegasus School and Certain
Other Matters relating thereto.”
Recommended Action:
19-62428.Conduct a Tax and Equity Fiscal Responsibility Act (“TEFRA”)
public hearing and adopt Resolution No. 2019-40 approving the
issuance by the California Statewide Communities Development
Authority (“CSCDA”) of Multifamily Housing Revenue Bonds in an
amount not to exceed $30,000,000 for Huntington Pointe
Apartments, located at 18992 Florida St., with no City obligations
A) Conduct a public hearing under the requirements of TEFRA and the Internal
Revenue Code of 1986, as amended (“IRS Code”), in consideration of the
issuance of tax-exempt bond financing by the California Statewide Communities
Development Authority for the benefit of Huntington Pointe 2019 LP, to provide
Recommended Action:
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AGENDA June 3, 2019
re-financing for the acquisition, rehabilitation, improvement, and equipping of an
existing 104-unit multifamily rental housing project generally known as Huntington
Pointe Apartments, and;
B) Adopt Resolution No. 2019-40 “A Resolution of the City Council of the City of
Huntington Beach approving the issuance by the California Statewide Communities
Development Authority of Multifamily Housing Revenue Bonds for Huntington Pointe
Apartments.”
19-62529.Conduct a Tax and Equity Fiscal Responsibility Act (“TEFRA”)
public hearing and adopt Resolution No. 2019-39 approving the
issuance by the California Statewide Communities Development
Authority (“CDCDA”) of Multifamily Housing Revenue Bonds in an
amount not to exceed $28,000,000 for Hermosa Vista Apartments,
located at 15363 & 15425 Goldenwest St., with no City obligations
A) Conduct a public hearing under the requirements of TEFRA and the Internal
Revenue Code of 1986, as amended (“IRS Code”), in consideration of the issuance
of tax-exempt bond financing by the California Statewide Communities
Development Authority for the benefit of Hermosa 2019 LP, to provide financing for
the acquisition, rehabilitation, improvement, and equipping of an 88-unit multifamily
rental housing project generally known as Hermosa Vista Apartments, and;
B) Adopt Resolution No. 2019-39 “A Resolution of the City Council of the City of
Huntington Beach Approving the Issuance by the California Statewide Communities
Development Authority of Multifamily Housing Revenue Bonds for Hermosa Vista
Apartments.”
Recommended Action:
ADMINISTRATIVE ITEMS
19-64430.Approve for Introduction Ordinance No. 4182 Amending Huntington
Beach Municipal Code Chapter 2.109 Related to the Finance
Commission
Approve for introduction Ordinance No. 4182, "An Ordinance of the City of Huntington
Beach Amending Sections 2.109.020, 2.109.040, 2.109.060 of the Huntington Beach
Municipal Code Relating to the Finance Commission."
Recommended Action:
COUNCILMEMBER COMMENTS (Not Agendized)
ADJOURNMENT
The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority is
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AGENDA June 3, 2019
Monday, June 17, 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
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City of Huntington Beach
File #:19-609 MEETING DATE:6/3/2019
The Public Works Department will present the FY 2019/20 proposed Capital Improvement
Program (CIP)
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City of Huntington Beach
File #:19-654 MEETING DATE:6/3/2019
Mayor Peterson to announce: Pursuant to Government Code § 54957.6, the City Council shall
recess into Closed Session to meet with its designated labor negotiator: Lori Ann Farrell-
Harrison, Interim City Manager; also in attendance: Robert Handy, Police Chief; Gilbert Garcia,
Chief Financial Officer; and Michele Warren, Director of Human Resources regarding the
following: Police Management Association (PMA).
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City of Huntington Beach
File #:19-649 MEETING DATE:6/3/2019
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, one
(1).
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City of Huntington Beach
File #:19-650 MEETING DATE:6/3/2019
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: Benzen Properties,
LLC, et al. v. City of Huntington Beach, et al.; OCSC Case No. 30-2019-01070544
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City of Huntington Beach
File #:19-656 MEETING DATE:6/3/2019
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: Moore (Neal), et al. v.
City of Huntington Beach, et al.; OCSC Case No.: 30-2019-01071686.
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City of Huntington Beach
File #:19-663 MEETING DATE:6/3/2019
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: Bedel (Richard) v.
City of Huntington Beach; OCSC Case No.: 30-2017-00958740.
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City of Huntington Beach
File #:19-651 MEETING DATE:6/3/2019
Pursuant to Government Code § 54957.6, the City Council shall recess into Closed Session to
meet with its designated labor negotiator: Lori Ann Farrell-Harrison, Interim City Manager;
also in attendance: Robert Handy, Police Chief; Gilbert Garcia, Chief Financial Officer; and
Michele Warren, Director of Human Resources regarding the following: Police Management
Association (PMA).
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City of Huntington Beach
File #:19-638 MEETING DATE:6/3/2019
Rev. Pattie Mercado of the Huntington Beach Center for Spiritual Living and member of the
Greater Huntington Beach Interfaith Council
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City of Huntington Beach
File #:19-558 MEETING DATE:6/3/2019
Mayor Peterson to call on American Heart Association (AHA) Regional Director of Quality &
Systems Improvement, Jennifer Garrow, to present the “Mission: Lifeline EMS Silver Plus
Award” for excellence in cardiac care for heart attack victims.
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City of Huntington Beach
File #:19-592 MEETING DATE:6/3/2019
Mayor Peterson to call on Debbie Killey to present the winners of the 2019 Huntington Beach
Environmental Board Art Contest for Middle and Senior High School Students.
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City of Huntington Beach
File #:19-593 MEETING DATE:6/3/2019
Mayor Peterson to proclaim Sunday, June 9 as “Huntington Peach Day” as Miracles for Kids
hopes to raise funds and awareness for the “Largest Gathering of People Dressed as a Fruit
or Vegetable” at the Huntington Beach Pier.
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City of Huntington Beach
File #:19-617 MEETING DATE:6/3/2019
Mayor Peterson to acknowledge the Historic Wintersburg Preservation Task Force.
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City of Huntington Beach
File #:19-664 MEETING DATE:6/3/2019
Mayor Peterson to call on Community Services Director Marie Knight to call on the Childrens’
Needs Task Force Members, to present Certificates to Youth Character Award recipients.
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City of Huntington Beach
File #:19-653 MEETING DATE:6/3/2019
Special recognition to outgoing Huntington Beach Interim City Manager/Assistant City
Manager Lori Ann Farrell Harrison.
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City of Huntington Beach
File #:19-585 MEETING DATE:6/3/2019
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 special meeting minutes of April 18, 2019, and the City
Council/Public Financing Authority regular meeting minutes of May 6, 2019, and May 20, 2019,
require review and approval.
Financial Impact:
None.
Recommended Action:
A) Approve and adopt the City Council/Public Financing Authority special meeting minutes dated
April 18, 2019; and,
B) Approve and adopt the City Council/Public Financing Authority regular meeting minutes dated
May 6, 2019.
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):
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File #:19-585 MEETING DATE:6/3/2019
1. April 18, 2019 CC/PFA special meeting minutes
2. May 6, 2019 CC/PFA regular meeting minutes
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Minutes
City Council/Public Financing Authority
Special Meeting
City of Huntington Beach
Thursday, April 18, 2019
4:00 PM - Council Chambers
Civic Center, 2000 Main Street
Huntington Beach, California 92648
A video recording of the 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
PLEDGE OF ALLEGIANCE — Led by Councilmember Delgleize
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution)
Pursuant to the Brown "Open Meetings" Act, Assistant City Clerk Patty Esparza announced
supplemental communications received by the City Clerk's office following distribution of the Council
Agenda packet:
Administrative Items:
#1. (19-455) PowerPoint communication submitted by Assistant City Manager, Lori Ann Farrell Harrison
entitled Addressing Homelessness – Navigation Center Proposal, April 18th, 2019.
#1. (19-455) Inter Office Communication received from Community Development Director, Ursula Luna-
Reynosa, revising the Staff Report to include an environmental status statement.
#1. (19-455) Letter received via email from Michael H. Leifer of Palmieri Tyler, Attorneys At Law.
#1. (19-455) Thirty-six (36) communications received regarding the establishment of a Homeless
Navigation Center at 15311 Pipeline lane.
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April 18, 2019
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PUBLIC COMMENTS — 49 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.
Katrina Foley, Mayor of Costa Mesa, was called to speak and shared a video which described Costa
Mesa’s efforts to address their homeless issues, and reported that they are already seeing fewer people
living on their streets and in their parks. (00:03:42)
John Stephens, Mayor Pro Tem of Costa Mesa, read part of a letter from a business owner adjacent to
the recently opened Bridges Shelter location, which described the reality vs. the expected. (00:09:16)
Shirley Dettloff, a 55-year resident of Huntington Beach, was called to speak and stated her support for
Item 1 (19-455) declaring a Shelter Crisis pursuant to SB 850 and the City's intent to proceed with
establishing a homeless Navigation Center at 15311 Pipeline Lane. (00:10:22)
Gigi Jackson was called to speak and stated her support for Item 1 (19-455) declaring a Shelter Crisis
pursuant to SB 850 and the City's intent to proceed with establishing a homeless Navigation Center at
15311 Pipeline Lane. (00:11:44)
Ralph Bauer was called to speak and stated his support for Item 1 (19-455) declaring a Shelter Crisis
pursuant to SB 850 and the City's intent to proceed with establishing a homeless Navigation Center at
15311 Pipeline Lane. (00:13:08)
Pat Goodman, a long-time resident and Huntington Beach home owner, was called to speak and stated
her support for Item 1 (19-455) declaring a Shelter Crisis pursuant to SB 850 and the City's intent to
proceed with establishing a homeless Navigation Center at 15311 Pipeline Lane. (00:14:34)
John Bostick was called to speak and stated his support for Item 1 (19-455) declaring a Shelter Crisis
pursuant to SB 850 and the City's intent to proceed with establishing a homeless Navigation Center at
15311 Pipeline Lane. (00:15:18)
Karen Collins, long-time Huntington Beach resident, was called to speak and stated her support for Item
1 (19-455) declaring a Shelter Crisis pursuant to SB 850 and the City's intent to proceed with
establishing a homeless Navigation Center at 15311 Pipeline Lane. (00:18:03)
Natalie Moser, a 40+-year resident of Huntington Beach, was called to speak and stated her support for
Item 1 (19-455) declaring a Shelter Crisis pursuant to SB 850 and the City's intent to proceed with
establishing a homeless Navigation Center at 15311 Pipeline Lane. (00:19:34)
Dr. Cynthia Alt was called to speak and stated she has questions that have yet to be answered regarding
Item 1 (19-455) declaring a Shelter Crisis pursuant to SB 850 and the City's intent to proceed with
establishing a homeless Navigation Center at 15311 Pipeline Lane. Dr. Alt handed her list of questions
to the Sergeant at Arms. (00:23:04)
Chris Benzen, representing area industrial property owners, was called to speak and stated support for a
long-term solution to the City's homeless issues, but opposition for Item 1 (19-455) regarding a
Navigation Center at 15311 Pipeline Lane. (00:24:56)
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April 18, 2019
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Tammy Buck was called to speak and stated her support for a long-term solution to the City's homeless
issues, but opposition for Item 1 (19-455) regarding a Navigation Center at 15311 Pipeline Lane.
(00:28:17)
Maneck Bhujwala, a long-time resident of Huntington Beach, was called to speak and stated support for
Item 1 (19-455) declaring a Shelter Crisis pursuant to SB 850 and the City's intent to proceed with
establishing a homeless Navigation Center at 15311 Pipeline Lane. (00:31:28)
Doug Hein, a long-time resident of Huntington Beach, was called to speak and stated his opinions
related to Item 1 (19-455) declaring a Shelter Crisis pursuant to SB 850 and the City's intent to proceed
with establishing a homeless Navigation Center at 15311 Pipeline Lane. (00:32:49)
Mitch McNally, a business owner near 15311 Pipeline Lane, was called to speak and stated opposition
for Item 1 (19-455) declaring a Shelter Crisis pursuant to SB 850 and the City's intent to proceed with
establishing a homeless Navigation Center at 15311 Pipeline Lane. (00:35:55)
Michael E., a north end resident of Huntington Beach, was called to speak and stated support for a long-
term solution to the City's homeless issues, but opposition for Item 1 (19-455) regarding a Navigation
Center at 15311 Pipeline Lane. (00:37:21)
Gordon Benzen was called to speak and stated support for a long-term solution to the City's homeless
issues, but opposition for Item 1 (19-455) regarding a Navigation Center at 15311 Pipeline Lane.
(00:40:05)
Ari Suss, owner of the business next door to 15311 Pipeline Lane, was called to speak and stated
support for a long-term solution to the City's homeless issues, but opposition for Item 1 (19-455)
regarding a Navigation Center at 15311 Pipeline Lane. (00:43:19)
Kelly Aguiar, an employee from a business next door to 15311 Pipeline Lane, was called to speak and
stated support for a long-term solution to the City's homeless issues, but opposition for Item 1 (19-455)
regarding a Navigation Center at 15311 Pipeline Lane. (00:45:27)
Howard Herdman was called to speak and stated his opinions related to Item 1 (19-455) declaring a
Shelter Crisis pursuant to SB 850 and the City's intent to proceed with establishing a homeless
Navigation Center at 15311 Pipeline Lane. (00:47:50)
Nate Barrett, homeowner and life-long resident of Huntington Beach, was called to speak and stated
opposition for Item 1 (19-455) declaring a Shelter Crisis pursuant to SB 850 and the City's intent to
proceed with establishing a homeless Navigation Center at 15311 Pipeline Lane. (00:48:55)
Joey Silvernagel, a long-time resident of Huntington Beach, was called to speak and stated opposition
for Item 1 (19-455) declaring a Shelter Crisis pursuant to SB 850 and the City's intent to proceed with
establishing a homeless Navigation Center at 15311 Pipeline Lane. (00:51:39)
Mark Tonkovich, a resident of north Huntington Beach, was called to speak and stated opposition for
Item 1 (19-455) declaring a Shelter Crisis pursuant to SB 850 and the City's intent to proceed with
establishing a homeless Navigation Center at 15311 Pipeline Lane. (00:52:45)
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Sherri Loomer, owner of a business just around the corner from 15311 Pipeline Lane, was called to
speak and stated support for a long-term solution to the City's homeless issues, but opposition for Item 1
(19-455) regarding a Navigation Center at 15311 Pipeline Lane. (00:55:23)
Jenny Braithwaite, resident of Huntington Beach, was called to speak and stated support for Item 1 (19-
455) declaring a Shelter Crisis pursuant to SB 850 and the City's intent to proceed with establishing a
homeless Navigation Center at 15311 Pipeline Lane. (00:58:33)
Steve Smith, Huntington Beach resident and business owner, was called to speak and stated support for
a long-term solution to the City's homeless issues, but opposition for Item 1 (19-455) regarding a
Navigation Center at 15311 Pipeline Lane. (01:00:47)
Michael Guilfogle, employee from a business next door to 15311 Pipeline Lane, was called to speak and
stated support for a long-term solution to the City's homeless issues, but opposition for Item 1 (19-455)
regarding a Navigation Center at 15311 Pipeline Lane. (01:03:56)
Sara Smith, a resident of Huntington Beach, was called to speak and stated support for a long-term
solution to the City's homeless issues, but opposition for Item 1 (19-455) regarding a Navigation Center
at 15311 Pipeline Lane. (01:05:37)
Mary Jean Piersma, a resident of north Huntington Beach, was called to speak and stated support for a
long-term solution to the City's homeless issues, but opposition for Item 1 (19-455) regarding a
Navigation Center at 15311 Pipeline Lane. (01:07:50)
Vannia Peirce, a long-time resident of Huntington Beach, was called to speak and stated support for a
long-term solution to the City's homeless issues, but opposition for Item 1 (19-455) regarding a
Navigation Center at 15311 Pipeline Lane. (01:11:18)
Thor Faber, a lifelong resident of Huntington Beach, was called to speak and stated support for a long-
term solution to the City's homeless issues, but opposition for Item 1 (19-455) regarding a Navigation
Center at 15311 Pipeline Lane. (01:14:12)
Rebecca Weinberg, a Huntington Beach homeowner and employee from a business next door to 15311
Pipeline Lane, was called to speak and stated support for a long-term solution to the City's homeless
issues, but opposition for Item 1 (19-455) regarding a Navigation Center at 15311 Pipeline Lane.
(01:16:25)
Dave Peters, a 32-year resident of Huntington Beach and Chief Executive of SCATS Gymnastics, a
youth-serving business which is about 300 yards from 15311 Pipeline Lane, was called to speak and
stated support for a long-term solution to the City's homeless issues, but opposition for Item 1 (19-455)
regarding a Navigation Center at 15311 Pipeline Lane. (01:19:35)
Judith, representing her boss, their business, and her Huntington Beach family, was called to speak and
stated support for a long-term solution to the City's homeless issues, but opposition for Item 1 (19-455)
regarding a Navigation Center at 15311 Pipeline Lane. (01:23:12)
Dianne Thompson, Chair, Chamber of Commerce Government Affairs Committee, and Huntington
Beach resident and business owner, speaking on behalf of the Chairman of the Chamber Board of
Directors, was called to speak and stated support for Item 1 (19-455) declaring a Shelter Crisis pursuant
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to SB 850 and the City's intent to proceed with establishing a homeless Navigation Center at 15311
Pipeline Lane. (01:26:25)
Janette Ditkowsky, owner of the property at 15262 Pipeline Lane, diagonally adjacent to 15311 Pipeline
Lane, was called to speak and asked that Council allow more time to evaluate the proposal and how it
will impact the existing businesses. (01:29:15)
Tim Geddes, a resident and homeowner of southeast Huntington Beach, was called to speak and shared
his opinions related to Item 1 (19-455) declaring a Shelter Crisis pursuant to SB 850 and the City's intent
to proceed with establishing a homeless Navigation Center at 15311 Pipeline Lane. (01:30:22)
Ray Holt, was called to speak and stated support for a long-term solution to the City's homeless issues,
but opposition for Item 1 (19-455) regarding establishing a homeless Navigation Center at 15311
Pipeline Lane. (01:33:00)
Linda Keiser, Huntington Beach homeowner and resident for 47 years, was called to speak and stated
opposition to Item 1 (19-455) declaring a Shelter Crisis pursuant to SB 850 and the City's intent to
proceed with establishing a homeless Navigation Center at 15311 Pipeline Lane, because she has ideas
for alternate solutions based on first-hand experience. Mayor Peterson asked Ms. Keiser to complete a
blue card for staff follow-up. (01:36:14)
R. McDonald was called to speak and stated his opinions related to Item 1 (19-455) declaring a Shelter
Crisis pursuant to SB 850 and the City's intent to proceed with establishing a homeless Navigation
Center at 15311 Pipeline Lane. (01:40:07)
Eva Weisz was called to speak and stated support for Item 1 (19-455) declaring a Shelter Crisis pursuant
to SB 850 and the City's intent to proceed with establishing a homeless Navigation Center at 15311
Pipeline Lane. (01:43:42)
Katrina Tengan, a resident of Huntington Beach with children who attend school near the 15311 Pipeline
Lane location, was called to speak and stated opposition to Item 1 (19-455) declaring a Shelter Crisis
pursuant to SB 850 and the City's intent to proceed with establishing a homeless Navigation Center at
15311 Pipeline Lane. (01:46:49)
Carmenanne Tolksdorf, a resident of Huntington Beach, was called to speak and stated support for Item
1 (19-455) declaring a Shelter Crisis pursuant to SB 850 and the City's intent to proceed with
establishing a homeless Navigation Center at 15311 Pipeline Lane. (01:49:20)
Rod Vickers, a resident of Huntington Beach not too far from 15311 Pipeline Lane, was called to speak
and stated opposition to Item 1 (19-455) declaring a Shelter Crisis pursuant to SB 850 and the City's
intent to proceed with establishing a homeless Navigation Center at 15311 Pipeline Lane. (01:52:33)
Edward Heade, Huntington Beach resident and business owner, was called to speak and stated support
for a long-term solution to the City's homeless issues, but opposition to Item 1 (19-455) regarding a
homeless Navigation Center at 15311 Pipeline Lane. (01:53:20)
Michael Biddle, Owner of Outbreak Soccer Centers, was called to speak and stated opposition to Item 1
(19-455) regarding a homeless Navigation Center at 15311 Pipeline Lane. (01:56:31)
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Callie Payetta, who works down the street from 15311 Pipeline Lane, was called to speak and stated
support for a long-term solution to the City's homeless issues, but opposition to Item 1 (19-455)
regarding a homeless Navigation Center at 15311 Pipeline Lane. (01:57:57)
Janet Ewell, resident of north Huntington Beach since 1975, was called to speak and shared her
opinions and support for Item 1 (19-455) declaring a Shelter Crisis pursuant to SB 850 and the City's
intent to proceed with establishing a homeless Navigation Center at 15311 Pipeline Lane. (01:59:41)
Dimitri Spirtos, a resident of Huntington Beach since 1987, was called to speak and stated opposition to
Item 1 (19-455) declaring a Shelter Crisis pursuant to SB 850 and the City's intent to proceed with
establishing a homeless Navigation Center at 15311 Pipeline Lane. (02:02:50)
ADMINISTRATIVE ITEMS
1. 19-455 Adopted Resolution 2019-22 Declaring a Shelter Crisis Pursuant to SB 850 (Chapter
48, Statutes of 2018 and Government Code Section 8598.2), Declaring the City’s
Intent to Proceed with Establishing a Homeless Navigation Center, Authorized
Execution of a Purchase and Sale Agreement for 15311 Pipeline Lane, and
Amended the FY 2018/19 Revised Budget by $2,850,000
City Manager Fred Wilson introduced Assistant City Manager, Lori Ann Farrell; City Attorney, Michael
Gates; Chief of Police, Robert Handy; Director of Business Development, Kellee Fritzal; Chief Financial
Officer, Gilbert Garcia, and GIS Analyst II, Leslie Edwards who jointly presented a PowerPoint
communication entitled Addressing Homelessness - Navigation Center Proposal, April 18, 2019 with
slides entitled: Overview; Why Are Here?; Point-in-Time Census and Survey; Countywide Challenges
and Federal Lawsuits; Federal Authorities; Limitations Placed on Anti-Camping Ordinance by Court;
Which Cities or Entities Have Been Sued?; Impact of Federal Lawsuits on Cities; What If We Do
Nothing?; Huntington Beach Proposed Navigation Center; What Type of Shelter Must Huntington Beach
Create?; What Sites Did We Consider?; Addressing Homelessness in Huntington Beach Fact Sheet;
Who Can Use The Navigation Center?; Shelter Examples; Safety and Security; Safety and Security Key
Components (3); Community Engagement; Open Houses and Community Meetings; Stakeholder
Advisory Board; Financial Impact; Next Steps; and Questions?
Mayor Peterson asked that the audience keep their comment reactions to a minimum so that everyone
can hear the discussion.
Councilmember Posey and City Attorney Michael Gates discussed the fact that camping, loitering and
curfew violations currently are not enforceable because the City has no shelter. Providing a shelter will
allow Police Officers to enforce the ordinances and make arrests, and the City Prosecutor can ensure the
violators are properly processed through the courts. The City Attorney's office has been successful in
getting "stay away" orders for past repeat offenders.
Councilmember Posey and Deputy Director of Economic Development Kellee Fritzal discussed SB 2
grant funding, and how those funds could be used in meeting costs related to a Navigation Center.
Nearly $500,000 is expected to come from SB 2 funds every year.
Community Development Director, Ursula Luna-Reynosa confirmed to Councilmember Posey that in
order to qualify for SB 2 grant funding the City must have a Navigation Center.
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Councilmember Posey and Police Chief Robert Handy discussed that it is too early to see any impact
due to Costa Mesa setting up a homeless shelter and now being able to enforce their ordinances. Chief
Handy confirmed that a Navigation Center will be an enhanced tool that will help the Police Officers be
more effective in dealing with loitering, camping and curfew issues; however, this does not mean there
would no longer be homeless individuals in the City.
Councilmember Hardy stated that most of the questions she has on this issue, which echo many public
concerns, will best be answered in the future during the process to evaluate potential operators and
security providers. Councilmember Hardy further asked that the topic of setting up an Advisory Board for
the Request For Proposal processes (RFP) be addressed at the May 6 City Council meeting.
Councilmember Hardy and Director Fritzal discussed different existing models for programs regarding
contracting for operations and security, and their conclusion that having the City contract directly with
operations and security is expected to provide the best control over the service provided.
Councilmember Hardy stated her opinion that purchasing a building, vs. leasing, provides more control
over ensuring the building continues to meet possible changing needs. She also stated that doing
nothing, or delaying action, will only compound the issues; and, she believes this is the right thing to do
for the residents and the people who need help.
Councilmember Carr and City Attorney Gates discussed the potential need for further review and
analysis regarding changing any of the City's current camping, loitering and curfew ordinances if/when a
Navigation Center becomes available. Councilmember Carr also stated her support for purchasing a
facility to maintain control and allow flexibility for implementing changes if needed, and confirmed with
Director Fritzal that the Pipeline facility does not provide the opportunity to lease.
Councilmember Brenden and Chief Handy discussed options to consider if video monitoring is utilized.
Councilmember Brenden expressed his desire to see metrics on the best staff-to-resident ratio. Director
Fritzal confirmed that every location considered had an outdoor smoking area within the property’s
fenced perimeter. Councilmember Brenden stated that in his opinion it is important to look for ways to
mitigate the effects of secondhand smoke for surrounding neighbors.
Councilmember Brenden and CFO Garcia discussed that the funding for this item comes from restricted
housing and redevelopment sources and confirmed that funding this project will not impact infrastructure
funds. Councilmember Brenden further stated that this is a tough spot to be in, and wanted the public to
know how seriously their concerns are considered by Councilmembers. He expects to be keeping a very
close eye on this situation and is thankful for the ability to observe what other municipalities are
experiencing and being able to follow their best practices.
Councilmember Brenden, Chief Handy and Director Fritzal discussed the timeline and process for
reinforcement of the City’s camping and loitering laws. Councilmember Brenden reiterated that some
homeless will welcome assistance provided by a Navigation Center while others will refuse it, opining
that homelessness will not disappear; rather, a Navigation Center will provide a means of removing some
of the homeless from the City’s parks and streets.
Mayor Pro Tem Semeta and Director Fritzal discussed that the transportation vehicles for Navigation
Center residents will most likely be vans. Director Fritzal confirmed that the current parking spaces at the
Pipeline Lane facility are adequate for operations staff and volunteers. The issue of where vehicles
belonging to the homeless will be kept is yet to be addressed.
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Mayor Pro Tem Semeta shared her thoughts on the need to act sooner rather than later to prevent the
situation from becoming worse, and before litigation is filed. As a Councilmember she is responsible to
the residents and business owners for quality of life, and believes this plan will help to remove some of
the impacts of homelessness. She supports the suggestion for an Advisory Board, and expects
continued input from the community. In her opinion, doing nothing will indeed make matters worse.
Councilmember Delgleize shared some of the situations people find themselves in that can result in
homelessness, and stated that her goal as a Councilmember is to provide better services, better tools
and a better place by following the best practices of other cities who have already addressed the same
issues. Councilmember Delgleize asked that concerned residents and business owners reach out and
become a part of the solution.
Mayor Peterson and Director Fritzal discussed that data on actual value changes for properties in the
neighborhood of existing Navigation Centers has not yet been received. Mayor Peterson and Chief
Handy discussed some of the screening criteria used to determine areas most appropriate for a
Navigation Center, including cities where individuals had previously resided. There was discussion on
the continued need for additional Police Department staffing, and Chief Handy explained that
implementing this Center will not take away from resources addressing other issues in the City, and the
number one challenge for all officers is dealing with the effects of the homeless population. Chief Handy
confirmed that he does not expect to assign an officer to the Navigation Center because contracted
security is currently part of the facility plan; and agrees that placing a substation at the facility is an option
to consider.
Mayor Peterson and CFO Garcia discussed that the ongoing budget will be determined during the RFP
process, and tonight's action is just related to facility purchase. Assistant City Manager Farrell described
expected costs, based on existing facilities, is $40 to $50 per person per night, or $1.2 to $1.5M annually.
CFO Garcia stated some funding options for the first year of operation include Residual Receipts,
pushing out debt service for the police facility to 2021 which might delay the project by one quarter, and
in the 2021 budget process on-going funding would have to be determined. Mayor Peterson stated that
he cannot support proceeding without a better budget for long-term operations.
Mayor Peterson and City Attorney Gates discussed that it is currently unknown if paying another service
provider in another city for shelter services would withstand a legal challenge in court.
Mayor Peterson and Director Fritzal discussed that adoption of Resolution 2019-22 will allow the City to
apply for funding from the Emergency Homeless Aid Program, which includes access to $5M in the
foreseeable future.
Councilmember Carr expressed appreciation to everyone who has expressed their concerns, fears and
doubts on this issue, and explained that the City is in a very tight bind and there is no place within the
City for a Navigation Center that would make everyone happy. Councilmember Carr expressed support
for engaging community members in the ongoing process and decisions, and believes the community
can be proud of being a part of the solution for homelessness. She encouraged anyone to dialogue with
her about their concerns, and stated her support for this item.
Councilmember Posey stated he wholeheartedly agrees with Councilmember Carr's comments,
explained how he transitioned to supporting the purchase of a facility, and expressed his hope that
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property appreciation will outperform. He also confirmed with CFO Garcia that if the building is ever sold
the proceeds will be used to make whole the restricted funds used for the purchase.
Councilmember Posey and Chief Handy discussed that, hypothetically speaking, a Navigation Center is
expected to be a tool which will relieve some of the pressure of dealing with homeless issues.
Councilmember Posey stated his support for this item.
A motion was made by Posey, second Delgleize to approve Resolution 2019-22 "A Resolution of the City
Council of the City of Huntington Beach Pursuant to SB850 (Chapter 48, Statutes of 2018 and
Government Code Section 8698.2)" Declaring an Emergency Shelter Bed Crisis; declaration of the City's
intent to proceed with establishing a Homeless Navigation Center; approval and authorization for the
Mayor and City Clerk to enter into the Purchase and Sale Agreement for 15311 Pipeline Lane (APN 145-
537-06), Huntington Beach, CA.; authorize the City Manager to execute any and all documents related to
the Agreement to further this action; and, approve the appropriation of $2,850,000 in the Fiscal Year
2018/19 Revised Budget from the following sources: Redevelopment Dissolution Assignment (100),
Community Development Block Grant Funds (215 and 239), and Residual Receipts Fund (233) as
needed.
The motion carried by the following vote:
AYES: Brenden, Carr, Semeta, Posey, Delgleize, and Hardy
NOES: Peterson
COUNCILMEMBER COMMENTS (Not Agendized) — None
ADJOURNMENT at 7:34 PM to the next regularly scheduled meeting of the Huntington Beach City
Council/Public Financing Authority on Monday, May 6, 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
______________________________________
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
Minutes
City Council/Public Financing Authority
City of Huntington Beach
Monday, May 6, 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 (19-437), a PowerPoint communication received from Gilbert Garcia, Chief Financial Officer
entitled Fiscal Year 2019/20 Proposed Budget “Shaping the Future,” dated 5/06/2019.
PUBLIC COMMENTS PERTAINING TO STUDY SESSION / CLOSED SESSION ITEMS
(3 Minute Time Limit) — 1 Speaker
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.
John Earl, a resident of Huntington Beach, was called to speak and asked Councilmember Carr to
explain during Councilmember Comments why Ms. Shayna Lathus was removed from the Citizen
Participation Advisory Board (CPAB). (00:00:57)
STUDY SESSION
1. 19-437 Fiscal Year 2019/20 Proposed Budget
Chief Financial Officer Gilbert Garcia, Human Resources Director Michelle Warren, and Finance
Manager Carol Molina-Espinoza jointly presented a PowerPoint communication entitled City of
Huntington Beach Fiscal Year 2019/20 Proposed Budget "Shaping the Future" - May 6, 2019 with slides
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entitled: FY 2019/20 Proposed Budget Overview; "Shaping The Future"; FY 2019/20 Proposed Budget;
FY 2019/20 General Fund Highlights; FY 2019/20 General Fund Overview; FY 2019/20 General Fund
Revenue; General Fund Revenue Highlights; Enhance & Modernize Public Safety Service Delivery;
Public Safety: Public Safety - Police; Public Safety - Fire; Strengthen Long-Term Financial and Economic
Sustainability; General Fund Balance; Rising Pension Costs and What We Are Doing About It; Active
Management of Long-Term Liabilities; Pension Costs and Unfunded Liabilities; CalPERS Discount Rate
Change; Rising Pension Costs; Being Proactive Pays Off; Enhance and Maintain Infrastructure; Capital
Improvement Program; CIP Budget Highlights; Infrastructure; Other Budget Matters; Enhance and
Maintain High Quality City Services - Succession Planning (2); Navigation Center; Labor Agreements;
FY 2019/20 Proposed Budget Recap; FY 2019/20 Proposed Budget Calendar and FY 2019/20 Proposed
Budget.
Councilmember Posey and CFO Garcia discussed details related to the source of Park Development
Impact Fees; the number of full-time employees in the proposed budget vs. the number during the
recession; Fines and Forfeitures generated by the City Attorney's Office; reasons for the Sales Tax
decrease; Police Department Staffing and Reorganization; Pensions and CalPERS focus; Funds for
Parks Rehab; and Navigation Center Fund Resources.
Councilmember Brenden and staff discussed Targeted Budget Reductions; Utility Tax; Capital
Improvements for the Lake Street Fire Station; Unfunded Liabilities; and Police Department Staffing and
Reorganization. Councilmember Brenden asked for, and CFO agreed to provide, more details on "net
neutral" budget items by Department, as well as a detailed spreadsheet on the $3M for the "pay as you
go" specific projects.
Councilmember Delgleize and CFO Garcia discussed details related to the proposed Sales Tax
decrease.
Councilmember Posey and CFO Garcia discussed details related to the net impact to the City regarding
Discount Rate Reductions. Councilmember Posey and City Attorney Gates discussed details related to
Succession Planning in the City Attorney's Office.
Councilmember Hardy stated her appreciation for line item that shows placing $1M into the Section 15
Trust
Councilmember Carr and CFO Garcia discussed details related to the Staff Vacancy Rates.
Mayor Pro Tem Semeta and staff discussed details related to Unfunded Liabilities accounts, Succession
Planning and Sales Tax.
Mayor Peterson and staff discussed details related to Succession Planning, Development Impact Fees
and Unfunded Liabilities.
Councilmember Brenden and staff discussed details related to Succession Planning and the Park
Development Impact Fund. CFO Garcia stated he would have to defer to Economic Development
regarding development projects that may be in the pipeline.
Councilmember Delgleize and CFO Garcia further discussed details regarding Police Department
Staffing and Reorganization.
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Each Councilmember expressed appreciation to staff for the Proposed Budget.
RECESSED TO CLOSED SESSION – 4:52 PM
Motion by Posey, second Brenden, to recess into Closed Session for Items 3 — 5. With no objections,
the motion carried.
CLOSED SESSION ANNOUNCEMENT(S)
2. 19-549 Mayor Peterson Announced: Pursuant to Government Code § 54957.6, the City
Council recessed into Closed Session to meet with its designated labor negotiator,
Fred Wilson, regarding labor negotiations with: Assistant City Manager, Chief
Assistant City Attorney, Chief Financial Officer, Chief Information Officer, City
Manager, Community Development Director, Community Services Director, Deputy
Director of Community Development, Fire Chief, Human Resources Director,
Library Services Director, Deputy Community Prosecutor, Police Chief, Assistant
Police Chief, Public Works Director, as well as the elected City Attorney, City Clerk
and City Treasurer
CLOSED SESSION
3. 19-532 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, three (3).
4. 19-550 Pursuant to Government Code § 54957.6, the City Council recessed into Closed
Session to meet with its designated labor negotiator, Fred Wilson, regarding labor
negotiations with: Assistant City Manager, Chief Assistant City Attorney, Chief
Financial Officer, Chief Information Officer, City Manager, Community Development
Director, Community Services Director, Deputy Director of Community
Development, Fire Chief, Human Resources Director, Library Services Director,
Deputy Community Prosecutor, Police Chief, Assistant Police Chief, Public Works
Director, as well as the elected City Attorney, City Clerk and City Treasurer.
5. 19-557 Pursuant to Government Code § 54954.5(e), the City Council recessed into Closed
Session to discuss the public employment of Interim City Manager.
6:00 PM - COUNCIL CHAMBERS
RECONVENED CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING — 6:00 PM
ROLL CALL
Present: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy
Absent: None
PLEDGE OF ALLEGIANCE — Led by Councilmember Hardy.
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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.
6. 19-538 Charles Niederman of the Greater Huntington Beach Interfaith Council
CLOSED SESSION REPORT BY CITY ATTORNEY — None
AWARDS AND PRESENTATIONS
7. 19-333 Mayor Peterson called on Janice Frechette, Executive Director of Parentis
Foundation, who presented commendations to Volunteer Tutors from the
Experience Corps OC literacy intervention program operated at the Boys & Girls
Clubs of Huntington Valley’s Huntington Beach site for their efforts in helping first
through fourth grade students improve their reading skills.
8. 19-462 Mayor Peterson called on Councilmember Delgleize who presented a proclamation
to Director Richard Sanchez of Orange County Health Care Agency to proclaim May
as National Mental Health Month.
Director Sanchez provided resources and encouraged discussions to reduce the stigma of mental health
issues.
9. 19-534 Mayor Peterson presented a commendation to Huntington Beach High School
student Ethan Hurst for his recent lifesaving effort on the south side of the
Huntington Beach Pier.
Mr. Hurst shared his experience of placing a drowning swimmer on his surfboard and pushing them to
shore, following a procedure he had receiving training in through Surfers Awareness of Lifesaving
Techniques (SALT), a program started by the Huntington Beach Marine Safety Division.
10. 19-536 Mayor Peterson called on Insurance Services Office (ISO) Western Regional
Manager Stephanie Ruscansky who presented the Class 1 Public Protection
Classification rating. This rating is based on their recent updated evaluation of our
fire department, water division and emergency dispatch center.
Ms. Ruscansky explained that less than one percent (1%) of the nation's fire departments receive the
Class 1 rating. Ratings are done every 5 years, and this year the Huntington Beach Fire Department
again received the Class 1 rating.
11. 19-535 Special recognition to outgoing Huntington Beach City Manager Fred A. Wilson.
Mayor Peterson, on behalf of the City Council, presented City Manager Wilson with a surfing sculpture
and a commendation signed by each Councilmember, to express the Council's appreciation for his
leadership and years of service to the City.
Liz McNabb, District Director for Assemblywoman Cottie Petrie-Norris and Ryan Billings representing
Assemblyman Tyler Diep, were called to speak and presented a resolution to recognize City Manager
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May 6, 2019
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Fred Wilson's 30 years of community service, exemplary leadership at Huntington Beach, and
outstanding record of business and civic leadership. The resolution was also signed by Senators John
M. W. Moorlach and Thomas J. Umberg.
Michelle Steele, Orange County Supervisor was called to speak and congratulated Mr. Wilson on
surviving under seven elected "bosses" while City Manager for Huntington Beach and presented a
proclamation. Supervisor Steele also expressed congratulations to Assistant City Manager Lori Ann
Farrell Harrison who just accepted a position as City Manager at Costa Mesa.
City Manager Fred Wilson shared that he has attended 295 Huntington Beach City Council meetings,
and recalled that the shortest Council meeting was the first one he ever attended. He also served under
20 different councilmembers. Mr. Wilson shared some of the highlights of his time as City Manager, and
complimented the City's team effort which was so evident through the years. Mr. Wilson thanked his
staff of Julie Toledo, Antonia Graham, Johanna Dombo, and Cathy Fikes who all helped him be
successful.
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:
Consent Calendar
Item No. 15 (19-530)
1) Communication entitled Historic Wintersburg received from Mary Adams Urashima.
2) Two (2) communications received from Casandra Baeza and Chris Epting.
PUBLIC COMMENTS (3 Minute Time Limit) — 34 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.
Gina Clayton Tarvin, Vice President, Ocean View School District Board of Trustees, and long -time
Huntington Beach resident, was called to speak and stated her opposition to Shayna Lathus being
recently relieved of her appointed duties as a member of the Citizen Participation Advisory Board
(CPAB). (01:31:38)
Chris Gandall, a resident of Huntington Beach for more than 30 years, was called to speak and
described a recent incident where Public Works staff sprayed a pesticide in a tree in Wardlow Park to
eliminate bees without posting any notices. Mayor Peterson asked Ms. Gandall to complete a blue card
for staff follow-up. (01:35:36)
Bobbi Ashurst was called to speak and stated her opposition to Shayna Lathus being recently relieved of
her appointed duties as a member of the Citizen Participation Advisory Board (CPAB). (01:38:41)
John Earl, a resident of Huntington Beach, was called to speak and stated his opposition to Shayna
Lathus being recently relieved of her appointed duties as a member of the Citizen Participation Advisory
Board (CPAB). (01:41:52)
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Nancy Buchoz, a resident of southeast Huntington Beach, was called to speak and shared her concerns
regarding the Ascon Landfill and remediation project which she believes is causing neighborhood air
pollution and harmful conditions for residents. (01:44:55)
Skye Wagner was called to speak and stated her opposition to Shayna Lathus being recently relieved of
her appointed duties as a member of the Citizen Participation Advisory Board (CPAB). (01:48:05)
Lulu Hammad, an Orange County resident, was called to speak and stated her opposition to Shayna
Lathus being recently relieved of her appointed duties as a member of the Citizen Participation Advisory
Board (CPAB). (01:51:07)
Sharon Messick was called to speak and stated her concerns regarding the Ascon Landfill and
remediation project which she believes is causing neighborhood air pollution and harmful conditions for
residents. (01:54:17)
Andy Lewandowski, an Orange County resident for 55 years, was called to speak and stated his
opposition to Shayna Lathus being recently relieved of her appointed duties as a member of the Citizen
Participation Advisory Board (CPAB). (01:57:28)
Amory Hanson, member of the Historical Resources Board, and Candidate for City Council in 2020, was
called to speak and thanked City Manager Wilson for his service. Mr. Hanson stated support for
Ordinances for Introduction, Item 25 (19-541) regarding Ordinance No. 4180 relating to State Video
Franchises, and opposition to the public suggestions that the Michael E. Rodgers Seniors' Center be
made into a homeless center. (02:00:43)
Kim Sorgente, a long-time resident, was called to speak and shared his opinions related to public
discourse at a recent local event at the Huntington Beach Pier. (02:02:26)
Chris Benzen, representing the businesses in the Springdale and McFadden area, was called to speak
and shared information that in his opinion shows the area is unsuitable as a homeless center. (02:06:08)
John Redfelli, Bocce Courts 4 HB, was called to speak and stated his support for Consent Calendar Item
18 (19-479) regarding the Murdy Park Reconfiguration Project and planned bocce courts. (02:09:39)
Doug Hein, long-time Huntington Beach resident, was called to speak and stated his opposition to a
Navigation Center at 15311 Pipeline Lane, and suggested that City Attorney Gates propose an
Ordinance that prohibits the wearing of masks at public events in Huntington Beach. (02:12:33)
Debbi Parrott, a public high school teacher, was called to speak and stated her opposition to Shayna
Lathus being recently relieved of her appointed duties as a member of the Citizen Participation Advisory
Board (CPAB). (02:15:37)
Anthony Bouse, a resident of Huntington Beach since 1973, was called to speak and stated his support
for Shayna Lathus being recently relieved of her appointed duties as a member of the Citizen
Participation Advisory Board (CPAB). (02:17:25)
Jesse S. was called to speak and stated his support for Shayna Lathus being recently relieved of her
appointed duties as a member of the Citizen Participation Advisory Board (CPAB). (02:20:13)
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Tim Geddes, 35-year resident of south east Huntington Beach, was called to speak and stated his
support for Shayna Lathus being recently relieved of her appointed duties as a member of the Citizen
Participation Advisory Board (CPAB). (02:22:43)
Karen Hinks, resident of Huntington Beach since 2005, was called to speak and stated her opposition to
Shayna Lathus being recently relieved of her appointed duties as a member of the Citizen Participation
Advisory Board (CPAB). (02:25:36)
Lisa Collins was called to speak and stated her support for Shayna Lathus being recently relieved of her
appointed duties as a member of the Citizen Participation Advisory Board (CPAB). (02:28:47)
Bethany Webb, a 40-year resident of Huntington Beach, was called to speak and stated her opinions
regarding the situation of Shayna Lathus being recently relieved of her appointed duties as a member of
the Citizen Participation Advisory Board (CPAB). She also urged the City Council to address racial
tension that currently exists in Huntington Beach, and restore decency in our community. (02:32:03)
Ned Lazaro, a 15-year resident of Huntington Beach, was called to speak and stated his opposition to
Shayna Lathus being recently relieved of her appointed duties as a member of the Citizen Participation
Advisory Board (CPAB). (02:34:41)
Sherri Loomer, owner of a business around the corner from the 15311 Pipeline Navigation Center, was
called to speak and stated her concerns regarding what she considers as lack of adequate space for the
potential number of people and animals to be served. (02:37:12)
Kathleen Rockney, long-time resident of Orange County, was called to speak and stated her opposition
to Shayna Lathus being recently relieved of her appointed duties as a member of the Citizen
Participation Advisory Board (CPAB). (02:39:33)
Kristopher Martin was called to speak and stated opinions regarding the situation of Shayna Lathus
being recently relieved of her appointed duties as a member of the Citizen Participation Advisory Board
(CPAB). (02:42:23)
Beverly Welch was called to speak and stated her opinions regarding the situation of Shayna Lathus
being recently relieved of her appointed duties as a member of the Citizen Participation Advisory Board
(CPAB). (02:45:32)
Garry Troxell was called to speak and shared his opinions on what he believes was the negligent
homicide of Dillan Tabares. (02:48:12)
Lorian Petry, a resident of Corona Del Mar, was called to speak and stated her support for Consent
Calendar Item 21 (19-543), specifically related to Action F) Support for Alternative 3 - John Wayne
Airport's General Aviation Improvement Program. (02:51:32)
Brian Vea, a 20-year resident of Huntington Beach, was called to speak and stated his opinion regarding
public discourse at a recent local event at the Huntington Beach Pier that made him feel threatened, and
thanked the Huntington Beach Police Department for their protection. (02:54:36)
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Mary Kyle, resident of Huntington Beach, was called to speak and stated her opposition to Shayna
Lathus being recently relieved of her appointed duties as a member of the Citizen Participation Advisory
Board (CPAB). (02:57:47)
Adrienne Low, a long-time resident of Huntington Beach, was called to speak and stated her opposition
to Shayna Lathus being recently relieved of her appointed duties as a member of the Citizen
Participation Advisory Board (CPAB). (03:00:04)
Kathryn Levassiur, resident of Huntington Beach and founding member of the Huntington Beach Short -
Term Rental Alliance, was called to speak and thanked Mr. Wilson for his years of service. Ms.
Levassiur also stated her support for Consent Calendar Item 14 (19-439) to approve the March 2019 City
of Huntington Beach Strategic Plan Update, specifically related to short-term rentals. (03:01:06)
Diane Dwyer, Marketing Communications Chairwoman, Huntington Beach Assistance League; Chrys
Vollmer, President; and Doris Kennedy, President-Elect; in support with David Garafalo and the
Huntington Beach Auto Dealers Association, were called to speak and expressed their appreciation to
Councilmember Brenden for literally saving the life of a dear friend by properly applying the Heimlich
maneuver at the recent Treasures By The Sea fundraising event. (03:03:11)
Joseph Chan was called to speak and stated his opinions regarding the situation of Shayna Lathus being
recently relieved of her appointed duties as a member of the Citizen Participation Advisory Board
(CPAB). (03:06:32)
COUNCIL COMMITTEE — APPOINTMENTS — LIAISON REPORTS, AB 1234 REPORTING, AND
OPENNESS IN NEGOTIATIONS DISCLOSURES
Mayor Pro Tem Semeta announced her appointment of James (Jim) Michalski as a Public Works
Commissioner. Mr. Michalski, a graduate of UCLA and Harvard Law School, is a practicing attorney with
construction law experience and a good understanding of statutory and regulatory requirements
regarding State Public Works law. Mayor Pro Tem Semeta reported on a recent meeting of the Public
Cable Television Authority (PCTA) and that Huntington Beach is moving forward to ending its
relationship with that joint powers authority, and providing our own local cable programming, including
asking the public for their input.
Councilmember Brenden reported speaking with the Huntington Beach Police Officers' Association
(HBPOA) representative regarding items that were unrelated to contract negotiations.
Councilmember Posey reported attending a South Orange County Economic Coalition Data and Market
Analysis presentation; League of Cities Legislative Action Day, travelling to Sacramento with
Councilmember Carr to meet with Assemblywoman Sharon Quirk-Silva, Senator Tom Umberg,
Assemblyman Tyler Diep, and Assemblywoman Cottie Petrie-Norris to advocate for funding to replace
safety railing along the bike trail on the State beach, and SB 2 funding for the Navigation Center, and
watched live streaming of additional legislative meetings; Southern California Association of Government
(SCAG) Regional Conference and General Assembly; and a Regional Housing Needs Assessment
(RHNA) Subcommittee meeting.
Councilmember Carr reported attending the League of Cities Legislative Action Day, travelling to
Sacramento and meeting with Assemblywoman Sharon Quirk-Silva, Senator Tom Umberg,
Assemblyman Tyler Diep, and Assemblywoman Cottie Petrie-Norris as well as meeting with staff
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members from Senator John Moorlach's office, Speaker Anthony Rendon, Mayor Darrell Steinberg and
Assemblyman Miguel Santiago. She reported also attending the OC Tax lunch with a presentation
describing where property taxes go, a presentation that is available online at www.ocauditor.com.
Councilmember Carr also reported communications with the Huntington Beach Police Officers'
Association (HBPOA) and the Huntington Beach Firefighters' Association (HBFA).
Councilmember Delgleize reported attending an Orange County Transit Authority (OCTA) Board meeting
where it was reported that the Slater Bridge would open by the end of the year; attending the Association
of California Cities - Orange County (ACC-OC) Conference; and meeting with the Huntington Beach
Police Officers' Association (HBPOA) representative regarding the contract.
Councilmember Hardy reported traveling to Sacramento and attending a Coastal Cities Group
Leadership Committee meeting to plan strategy for communicating with the Coastal Commission
regarding short-term rentals and allowing cities to create their own regulations, and dealing with sea level
rise.
Mayor Peterson appointed Councilmember Carr as liaison to the Specific Events Committee.
CITY MANAGER’S REPORT — Manager Wilson acknowledged the return of Community Services
Director Marie Knight, and thanked Chris Slama for serving as Interim CS Director during Marie’s
absence.
CITY TREASURER’S REPORT
12. 19-526 Received and filed the City Treasurer’s March 2019 Quarterly Investment Summary
Report
City Treasurer Alicia Backstrom presented a PowerPoint communication entitled City of Huntington
Beach Quarterly Treasurer's Report for the Quarter Ending March 31, 2019, with slides entitled:
Economic and Market Overview - At 3/31/19, Interest Rates — 2-year/5-year/10-year Treasury,
Treasurer's Mission: Preservation and Return OF Investments, Portfolio Summary As of 3/31/19,
Investments by Type As of March 31, 2019, Monthly Portfolio Earnings — April 2018 to March 2019,
Portfolio Earnings - As of March 31, 2019, and Compliance.
A motion was made by Posey, second Delgleize to receive and file the City Treasurer's Quarterly
Investment Report for March 2019, pursuant to Section 17.0 of the Investment Policy of the City of
Huntington Beach.
The motion carried by the following vote:
AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy
NOES: None
CONSENT CALENDAR
Councilmember Hardy stated her "No" vote for Item 15.
13. 19-505 Approved and Adopted Minutes
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A motion was made by Posey, second Delgleize to approve and adopt the City Council/Public Financing
Authority regular meeting minutes dated April 15, 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
14. 19-439 Approved the March 2019 City of Huntington Beach Strategic Plan Update
A motion was made by Posey, second Delgleize to approve the March 2019 Strategic Objectives Update
as contained within Attachment 1.
The motion carried by the following vote:
AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy
NOES: None
15. 19-530 Approved the Dissolution of the Ad Hoc Historic Wintersburg Committee
A motion was made by Posey, second Delgleize to dissolve the Ad Hoc Historic Wintersburg Committee.
The motion carried by the following vote:
AYES: Peterson, Semeta, Brenden, Carr, Delgleize, and Posey
NOES: Hardy
16. 19-523 Adopted Resolution No. 2019-20 adopting an amended Uniform Bail Schedule for
Parking Violations
A motion was made by Posey, second Delgleize to adopt Resolution No. 2019-20, "A Resolution of the
City Council of the City of Huntington Beach Adopting an Amended Uniform Bail Schedule for Parking
Violations."
The motion carried by the following vote:
AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy
NOES: None
17. 19-512 Accepted the lowest responsive and responsible bid and authorize execution of a
construction contract with Sancon Engineering, Inc. in the amount of $503,179 for
the Fiscal Year 18/19 Sewer Lining Project, CC-1570
A motion was made by Posey, second Delgleize to accept the lowest responsive and responsible bid
submitted by Sancon Engineering, Inc. in the amount of $503,179; and, authorize the Mayor and City
Clerk to execute a construction contract in a form approved by the City Attorney.
The motion carried by the following vote:
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AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy
NOES: None
18. 19-479 Accepted the lowest responsive and responsible bid and authorized execution of a
construction contract with C.S. Legacy Construction, Inc. in the amount of
$1,205,095 for the Murdy Park Reconfiguration Project, CC-1587
A motion was made by Posey, second Delgleize to accept the lowest responsive and responsible base
bid submitted by C.S. Legacy Construction, Inc. in the amount of $1,205,095; and, authorize the Mayor
and City Clerk to execute a construction contract in a form approved by the City Attorney.
The motion carried by the following vote:
AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy
NOES: None
19. 19-430 Approved Final Tract Map No. 18147 and Subdivision Agreement for the
Windbourne Residential Subdivision by TRI Pointe Homes, Inc. at 14422 Hammon
Lane
A motion was made by Posey, second Delgleize to approve Final Tract Map No. 18147 and accept the
dedication in fee of Lot E and accept the offer of easements on Lot A pursuant to findings and
requirements (Attachment No. 1); and, approve and authorize the Mayor and City Clerk to execute the
Subdivision Agreement by and between the City of Huntington Beach and TRI Pointe Homes, Inc.
(Attachment No. 6); and, accept Faithful Performance Bond No. PB03010405878, Labor and Material
Bond No. PB03010405878 and Monument Bond No. PB03010405837 as sureties for the installation of
the subdivision's required public improvements and survey monumentation (Attachment No. 7); and,
instruct the City Clerk to file the respective bonds with the City Treasurer and notify the Surety,
Philadelphia Indemnity Insurance Company of this action.
The motion carried by the following vote:
AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy
NOES: None
20. 19-450 Approved and authorized execution of an Agreement with WeatherFlow, Inc. for a
Weather Station located at Lifeguard Tower Zero
A motion was made by Posey, second Delgleize to approve and authorize the Fire Chief and City
Attorney to execute the "Site Use Agreement" with WeatherFlow, Inc. for the installation of a Weather
Station at Lifeguard Tower Zero.
The motion carried by the following vote:
AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy
NOES: None
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21. 19-543 Approved City Council positions on legislation pending before the State Legislature
and Regional Issues as recommended by the City Council Intergovernmental
Relations Committee (IRC)
A motion was made by Posey, second Delgleize to approve a City position of Oppose on Assembly Bill
143 (Quirk-Silva) - Shelter Crisis: Homeless Shelters County of Orange; and, approve a City position of
Oppose on Assembly Bill 217 (Garcia) - Safe Drinking Water for All Act; and, approve a City position of
Support on Assembly Bill 919 (Petrie-Norris) - Alcoholism and Drug Abuse Recovery Treatment
Program; and, approve a City position of Support in Concept on Assembly Bill 920 (Petrie-Norris) -
Alcoholism and Drug Abuse Recovery Treatment Program; and, approve a City position of Support on
Assembly Bill 1583 (Eggman) - The California Recycling Market Development Zone Act; and, approve a
City position of Support for Alternative 3 - John Wayne Airport's General Aviation Improvement Program.
The motion carried by the following vote:
AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy
NOES: None
22. 19-506 Adopted Ordinance No. 4179 adding Chapter 5.100 to the Huntington Beach
Municipal Code establishing a Sidewalk Vending Permitting and Regulatory
Program, repealing Ordinance No. 4177 which established an Interim Sidewalk
Vending Program, and repealing Section 5.50.170(F) which prohibits Vending from
a Human Powered Conveyance
Approved for introduction 4/15/2019 - Vote: 7-0
A motion was made by Posey, second Delgleize to adopt Ordinance No. 4179, "An Ordinance Of The
City Of Huntington Beach Adding Chapter 5.100 to the Huntington Beach Municipal Code Establishing A
Sidewalk Vending Permitting And Regulatory Program, Repealing Ordinance No. 4177, Which
Established An Interim Sidewalk Vending Program, And Repealing Section 5.50.170(F) Which Prohibits
Vending From A Human Powered Conveyance."
The motion carried by the following vote:
AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy
NOES: None
PUBLIC HEARING
23. 19-529 Public Hearing held — Approved Substantial Amendment No. 2 to Fiscal Year 2018-
19 Annual Action Plan for Community Development Block Grant (CDBG) and HOME
Investment Partnership (HOME) Programs
City Manager Wilson introduced Deputy Director of Economic Development Kellee Fritzal who presented
a PowerPoint communication entitled CDBG Annual Action Plan Amendment - May 6, 2019, with slides
entitled Allocation (sic) of Prior Year CDBG Funds, CDBG Funds, and Questions. (03:28:11)
Mayor Peterson opened the Public Hearing.
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Public Speakers – None
City Clerk Robin Estanislau announced receipt of a Supplemental Communication following distribution
of the Council agenda packet, a PowerPoint communication entitled CDBG Annual Action Plan
Amendment - May 6, 2019 received from Kellee Fritzal, Deputy Director of Economic Development.
There being no speakers, Mayor Peterson closed the Public Hearing.
A motion was made by Posey, second Brenden to approve Substantial Amendment No.2 to the City of
Huntington Beach Fiscal Year 2018-19 Annual Action Plan for the Community Development Block Grant
(CDBG) and HOME Investment Partnership Programs; and, authorize the City Manager to sign all
necessary documents after review by the City Attorney.
The motion carried by the following vote:
AYES: Semeta, Brenden, Carr, Delgleize, Hardy, and Posey
NOES: Peterson
ADMINISTRATIVE ITEMS
24. 19-531 Received report on Refuse Collection Franchise Agreement to Rainbow
Disposal Company Inc./Republic Services, and approved issuance of a Notice
of Termination of Annual Extension letter converting the Franchise Agreement
to a 15-year fixed term, with a 3-year notice period
City Manager Wilson introduced Director of Public Works, Travis Hopkins, who provided a Status
Summary of Negotiation Items (2) and General Manager, Chris Kentopp from Republic Services who
presented a PowerPoint communication with slides titled: Market Trends - China National Sword
Explained, Market Impacts of China Sword (2), Post China - Shift in Commodity Markets, Post China -
Dramatic Shift in Values, and Economic Impact / Other Consideration.
Councilmember Delgleize and Mr. Kentopp discussed changes needed in recycling, and Republic
Services long-term plan to move to a model of service where there is an opportunity to share in the profit
as well as the risk.
Mayor Pro Tem Semeta, staff and Mr. Kentopp discussed evergreen contracts, which appear to be more
prevalent in California than other parts of the country. In Orange County, out of 34 cities, nine have
evergreen contracts. Mayor Pro Tem Semeta and Mr. Kentopp discussed some of the factors that
determine the rate that each city pays for refuse collection services.
Councilmember Posey and Director Hopkins discussed the number of refuse collection providers in
Orange County and the fact that some of those providers also have evergreen contracts.
Councilmember Posey and Mr. Kentopp discussed that the cost for the assets the vendor provides can
be more reasonably priced for the residents through a long-term franchise agreement, and evergreen
contracts offer price protection, price stability, and help to eliminate truck traffic, among other things.
Councilmember Delgleize asked if there could be an "apples to apples" comparison with other service
providers and Mr. Kentopp replied that he could at best only produce a speculative response, as he is
not privy to all of the necessary details for other providers.
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Councilmember Brenden and Mr. Kentopp discussed how market conditions related to recyclables
definitely affects rates, especially since in the current market refuse providers must rely more on rate
revenue rather than recycle revenue. Mr. Kentopp explained that hopefully the future will include new
technologies and better practices by the refuse industry which will create a product that sells here,
creates jobs here and provides a local tax base.
Councilmember Posey asked about the negotiation process and Mr. Kentopp stated that this economy is
entirely different than when the previous agreements were reached, and therefore it is not currently
economically feasible to continue to do the same thing. Councilmember Posey and Mr. Kentopp
discussed that if the City decides to issue a notice of termination, Rainbow/Republic Services would
continue with discussions to reach an equitable agreement; and whether there is any relief mechanism
for Rainbow/Republic Services to ask to be released from an evergreen agreement for an opportunity to
start over from scratch given the changes in the recycling market; and increased cost s related to
upcoming regulations related to waste management.
Mayor Peterson stated he has no doubt that technology will change over the next 18 years, and clarified
that no one has ever questioned the level of service provided by Rainbow/Republic Services, but having
a contract that never ends, and where there is no competition, in his opinion, must be stopped.
A motion was made by Peterson, second Semeta to approve the issuance of the Notice of Termination of
Annual Extension letter to Rainbow Disposal Company Inc./Republic Services, converting the franchise
agreement to a 15-year fixed term with a 3-year notice period.
A substitute motion was made by Posey, second Brenden to approve the issuance of the Notice of
Termination of Annual Extension letter to Rainbow Disposal Company Inc./Republic Services, converting
the franchise agreement to a 15-year fixed term with a 3-year notice period, as amended to authorize
the City Manager to sign the letter on behalf of the City.
The substitute motion carried by the following vote:
AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy
NOES: None
ORDINANCES FOR INTRODUCTION
25. 19-541 Approved for Introduction Ordinance No. 4180 repealing Ordinance No. 4130 and
adding Chapter 3.50 to the Huntington Beach Municipal Code relating to State
Video Franchises
City Manager Wilson introduced this item by stating this is part of the Public Cable Television Authority
(PCTA) dissolution process, and will allow providers to remit funds directly to the City rather than to the
PCTA as of July 1, 2019.
A motion was made by Peterson, second Semeta to, after the City Clerk reads by title, approve for
introduction Ordinance No.4180, "An Ordinance of the City Council of the City of Huntington Beach
Repealing Ordinance No. 4130 and Adding Chapter 3.50 to the Huntington Beach Municipal Code
Relating to State Video Franchises."
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The motion carried by the following vote:
AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy
NOES: None
COUNCILMEMBER COMMENTS (Not Agendized)
Councilmember Brenden reported meeting with Congressman Harley Rouda to discuss jet noise issues;
attending the Orange County Realtors Local Government Relations Committee meeting; the Association
of California Cities - Orange County (ACC-OC) Board of Directors installation reception where
Councilmember Delgleize was sworn in for another year of service; 29th Annual Easter Hunt event and
Kiwanis Family Fun Day; speaking at the Huntington Harbour Republican Women's Federation lunch;
holding the third meeting of a new co-ed Explorer Post in Huntington Beach which is focused on careers
in aviation and aerospace; attending an ACC-OC Legislative and Regulatory Affairs Committee meeting
where he was nominated for the Vice Chair position by Councilmember Delgleize; the Cow-A-Bunga Van
Clan VW Bus Show on the Pier; Town Hall on Infrastructure hosted by Orange County Supervisor
Michelle Steel, Assemblyman Tyler Diep, and Councilmember Posey; Eagle Court of Honor for Isaac
Rocha, Trenton Carter, and Noah Rivers from Troop 319; the Taste of Huntington Beach in support of
The Friends of the Library; Southern California Association of Government (SCAG) Regional
Conference; participating in the blood drive organized by Community Services Director Marie Knight;
Town Hall hosted by Congress members Harley Rouda and Katie Porter on immigration; helped at the
Cars and Copters Event sponsored by the Huntington Beach Police and Community Foundation; he
congratulated Assistant City Manager Lori Ann Farrell Harrison on her new position as City Manager,
Costa Mesa; expressed gratitude and appreciation to City Manager Fred Wilson for his years of service
to the City; and requested a moment of silence when adjourning this meeting in memory of the victims of
the Poway Synagogue shooting that recently occurred in San Diego County.
Councilmember Hardy reported that her father retired after 48 years of service as a mail carrier in
Orange County; thanked Assistant City Manager Lori Ann Farrell Harrison for her service and
congratulated her on the new position as City Manager for Costa Mesa; and thanked City Manager Fred
Wilson for his service and congratulated him on his retirement.
Councilmember Carr reported touring Radiant Health Center, Irvine, formerly known as Aids Research
Foundation - Orange County, which provides resources for the LGBTQ community, and announced that
this year's Aids Walk is in Huntington Beach on June 1, starting at 8:30 a.m.; attending the Taste of
Huntington Beach; Cow-A-Bunga Van Clan VW Bus Show on the Pier; lunch with Congressman Harley
Rouda as part of his OC Hot Spots Tour; and a Sierra Club event that featured speakers Congressional
representatives Harley Rouda, Katie Porter and Mike Levin.
Councilmember Delgleize thanked Mr. Sanchez, Director of the Orange County Health Care Agency, for
accepting the City's proclamation acknowledging May as National Mental Health Month; and expressed
her condolences to the family of Orange County icon Mr. Bill Bowermaster, and stated that the
Bowermaster family always improved any city they ever lived in.
Councilmember Posey reported meeting with Assemblywoman Cottie Petrie-Norris and other local
elected officials to discuss homeless issues; attending the Taste of Huntington Beach event; Orange
County Supervisor Michelle Steel's Town Hall Public Works Update where Antonia Graham provided an
awesome presentation; Southern California Association of Government (SCAG) Regional Conference;
participating in the Dunk Tank; attending the Cars and Copters Event; an APV Pro Volleyball event;
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reminded everyone that May is Motorcycle Awareness month; and expressed his condolences to the
family of surfing icon Mike Doyle.
Mayor Pro Tem Semeta reported speaking at the Rotary Club about the City's parks; attending the 29th
Annual Easter Hunt and Kiwanis Family Fun Day; the Grand Opening for Starbucks at Springdale and
Warner; a Harbor Commission meeting; Anderson Art Gallery signing; the Taste of Huntington Beach
and congratulated Sophia Panter, who for the fourth consecutive year won the Children's Writing
Contest; and shared her appreciation to Mr. Wilson for his service as City Manager.
Councilmember Posey thanked Assistant City Manager Lori Ann Farrell Harrison for her leadership and
financial acumen; thanked Mr. Wilson for his inspiration and leadership as City Manager, and expressed
his best wishes to both.
Mayor Peterson reported attending the 29th Annual Easter Hunt and Kiwanis Family Fun Day and
participating in Dunk the Mayor; welcomed the newest class for the Citizens Academy provided by the
Huntington Beach Police Department; attending the Annual Prayer Breakfast; and the Cars and Copters
Event.
ADJOURNMENT — 9:32 PM, after a moment of silence, as requested by Councilmember Brenden, for
victims of the Poway Synagogue Shooting that occurred in San Diego County, to the next regularly
scheduled meeting of the Huntington Beach City Council/Public Financing Authority on Monday, May 20,
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
______________________________________
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
51
City of Huntington Beach
File #:19-635 MEETING DATE:6/3/2019
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Lori Ann Farrell, Interim City Manager
PREPARED BY:Antonia Graham, Assistant to the City Manager
Subject:
Approve the May 2019 City of Huntington Beach Strategic Plan Update
Statement of Issue:
The City Council held a Strategic Planning Retreat on February 7, 2019, in which the City Council
developed 20 Strategic Objectives based on four (4) Strategic Plan Goals. The Strategic Objectives
were reviewed in a public meeting and through consensus by the City Council Members present,
were compiled into a draft Strategic Objectives Grid. The Strategic Objectives were brought forth to
City Council for approval on March 4, 2019.
Financial Impact:
Not applicable. Individual Strategic Objectives which have a budgetary impact will be considered
separately.
Recommended Action:
Approve the May 2019 Strategic Objectives Update as contained within Attachment 1.
Alternative Action(s):
Amend or reject the Strategic Objectives Update and direct staff accordingly.
Analysis:
In 2009, the City Council began an annual strategic planning process to develop consensus on a
Mission Statement, Three-Year Goals, and corresponding Priority Strategic Objectives. This process
is ongoing and is a critical component of maintaining the City in a fiscally sustainable manner. In
fulfilling this process, the City Council met on February 7, 2019, to review and update the Three-Year
Goals and their Priority Strategic Objectives.
The Three-Year Goals are organized into four categories as follows:
-Enhance and Maintain High Quality City Services
-Enhance and Maintain the Infrastructure
-Strengthen Long-Term Financial and Economic Sustainability
-Enhance and Modernize Public Safety Service Delivery
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File #:19-635 MEETING DATE:6/3/2019
Each of these categories includes a list of Six-Month Strategic Objectives. The Strategic Objectives
contained in the matrix all gained consensus at the Strategic Planning Retreat. Additionally, the
Strategic Objectives were brought forth to the City Council on March 4, 2019, where they were
approved in their entirety. The attached Strategic Objectives Matrix contains a status and comments
column that are updated to reflect the most recent activity on each item that was identified at the
Council Strategic Planning Session. The status is reported to the City Council each month.
Environmental Status:
Not Applicable.
Strategic Plan Goal:
Enhance and maintain high quality City services
Enhance and maintain the infrastructure
Strengthen long-term financial and economic sustainability
Enhance and modernize public safety service delivery
Attachment(s):
1. City of Huntington Beach Strategic Objectives - May 2019 Update
City of Huntington Beach Printed on 5/30/2019Page 2 of 2
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A
CITY OF HUNTINGTON BEACH
12-MONTH STRATEGIC OBJECTIVES
February 7, 2019 – February 1, 2020
THREE-YEAR GOAL:Enhance and maintain high quality City services
WHEN WHO WHAT STATUS COMMENTS
DONE ON
TARGET
REVISED
1.
By July
August 15, 2019
Economic
Development Deputy
Director, Police Chief
and Assistant City
Manager
Present to the City Council for action an updated 10-Point Plan
for addressing homelessness and report the results to the City
Council.X
Staff is currently updating
the 10-Point Plan, including
community input for future
City Council consideration
and implementation.
2.
By July 1, 2019 Economic
Development Deputy
Director working with
the Chief Financial
Officer
Develop and present to the City Council for consideration
participation in the Orange County Housing Trust.
X
The Orange County
Housing Trust was adopted
by the County of Orange in
March 2019. Multiple cities
have joined the trust.
3.
By August 1, 2019
Oct. 1, 2019
Community Services
Director (lead), City
Manager and City
Attorney
Review current municipal codes related to community services
and provide to the City Council recommendations that would
allow the City to enhance public services.
X
Community Services and
Police Department have
met to identify specific
codes in need of revisions.
4.
By Oct. 1, 2019 Human Resources
Director, with input
from each
Department Director
Review and evaluate the results of the Succession Planning
Survey and provide a summary report, with recommendations,
to the City Council for review and evaluation.X
Staff presented
recommendations in the
context of the FY 2019-20
Proposed Budget
discussion for five City
Departments. Additional
recommendations are
forthcoming.
54
B
5.
By August 1, 2019 Assistant to the City
Manager working with
the Assistant City
Manager, Information
Services Director,
Chief Financial
Officer and Public
Information Officer
Present to the City Council a plan for the transition out of
PCTA (Public Cable Television Authority).
X
A transition team meets
weekly and has developed
a schedule of deliverables
in order to meet the July
27, 2019, transition
deadline.
6.
By August 15,
2019
By November
2019
Community Services
Director
Present to the City Council at a study session the draft Public
Art Master Plan.
X
Finalizing consultant
agreement with CAO. Plan
date of completion by
November 2019.
7.
By December 15,
2019
Community
Development Director
Bring Phase II of the Zoning Code update to the City Council
for consideration.
X
55
C
THREE-YEAR GOAL:Enhance and maintain the infrastructure
WHEN WHO WHAT STATUS COMMENTS
DONE ON
TARGET
REVISED
1.
By June 1, 2019 Public Works Director,
working with the
Community Services
Director
Utilizing the Parks Master Plan, prioritize next year’s
proposed improvements and present to the City Council as a
part of the 2019-2020 budget.
X
Proposed park
improvements are included
in the 2019-20 Proposed
Budget.
2.
By Sept. 1, 2019 Assistant City Manager
(lead), Chief Information
Officer and Public Works
Director
Develop and present to the City Council for action a
Broadband Master Plan for the installation of fiber
throughout the city.
X
A working group has been
identified to develop
recommendations to
present to the City Council
in September 2019. Interim
Assistant City Manager will
lead the working group to
build the plan.
3.
By Aug. 1, 2019 Public Works Director,
working with the
Community Development
Director and Police Chief
Hold a study session on the feasibility of developing a
citywide Traffic Mitigation Plan.
X
4.
By December 1,
2019
Chief Information Officer
and Public Works Director
Develop and present to the City Council for action a plan for
the selection of an Enterprise Asset Management System.X
Initial needs assessment
completed. Project
management budget for
evaluation and RFP has
been secured in 19/20 FY.
5.
By February 1,
2020
Library Services Director
(lead) and Public Works
Director
Conduct a City Council study session to share the results of
the library facility assessment and present a draft Library
Facilities Master Plan.X Draft RFP being
developed.
56
D
THREE-YEAR GOAL:Strengthen long-term financial and economic sustainability
WHEN WHO WHAT STATUS COMMENTS
DONE ON
TARGET
REVISED
1.
By June May
20, 2019
Deputy Director of
Economic Development
Provide update to City Council on plan to redevelop Boeing
site.X Met with Sares-Regis on
the purchase of Phase II
(50 acres).
2.
By Sept. 1, 2019 Community Development
Director and City
Attorney
Conduct a study session on opportunities and challenges
associated with short-term rentals.
X
Staff is assembling
information in order to
provide a comprehensive
cost benefit analysis by
September 2019.
3.
By July 1, 2019 City Manager, Assistant
City Manager and Chief
Financial Officer
Recommend to the City Council for action the use of one-time
money for long-term liabilities.X
Recommendation for the
use of one-time funds to
expedite the pay-down of
unfunded liabilities is
included in the FY 2019-20
Proposed Budget.
4.
By Oct. 1, 2019 Assistant City Manager
(lead), Economic
Development Director,
Community Development
Director, Police Chief,
and Fire Chief.
Conduct a City Council study session regarding the pros and
cons of the cannabis economy, with the exception of
dispensaries and cultivation, along with a cost-benefit
analysis.X
Staff preparing analysis
and cost benefit review.
HdL is assisting in the
process.
57
E
THREE-YEAR GOAL:Enhance and modernize public safety service delivery
WHEN WHO WHAT STATUS COMMENTS
DONE ON
TARGET
REVISED
1.
By May 22, 2019
By August 1,
2019.
Fire Chief and Chief
Financial Officer
Present to the City Council for consideration a revised EMS
fee schedule that aligns with rates in Orange County and
reflects best practices.X
A study has been
conducted regarding
potential for new rates and
methodology. Certain
follow-up items are being
reviewed in order to finalize
recommendations.
2.
By May 15, 2019 Public Works Director
and Police Chief
Recommend to the City Council for action the award of a
contract for the design of the Police Headquarters
Modernization Project.X Approved by the City
Council on 3-18-19
3.
By August 1,
2019
Police Chief and Chief
Information Officer
Bring to the City Council for action a proposal for
replacement of the CAD/RMS system.
X
Project team members
attended vendor demos in
March and are conducting
additional research and
analysis.
4.
By September 1,
2019
Assistant City Manager
(lead), Police Chief and
Chief Financial Officer
Present funding options to the City Council to enhance
funding for additional police staffing.X
58
City of Huntington Beach
File #:19-578 MEETING DATE:6/3/2019
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Lori Ann Farrell Harrison, Interim City Manager
PREPARED BY:Travis K. Hopkins, PE, Director of Public Works
Subject:
Receive and File Residential and Commercial Refuse Collection Rates Effective July 1, 2019
and Appropriate $175,000 from FY18/19 Refuse Fund revenue for FY18/19 Operating
Expenditures
Statement of Issue:
The Refuse Collection and Disposal Services Franchise Agreement (Agreement) with
Rainbow/Republic Services (Rainbow) requires an annual compensation review and adjustment of
residential and commercial rates based on a formula calculation. The formula provides for a 3.47%
increase to both residential and commercial compensation rates. The increase, when combined with
the incremental increases and pass-through adjustments ratified and adopted with Resolution 2017-
26 on June 5, 2017 results in a residential rate increase of $0.76 per residence per month and a new
Exhibit A Commercial Rate schedule effective July 1, 2019.
Due to the City’s annual budget development schedule, the FY 2018-19 Refuse Fund operating
budget was adopted based on the FY 2017-18 residential trash rate. An additional appropriation of
$175,000 is necessary to fully fund the current fiscal year pass-through expense.
Financial Impact:
The residential rate increase is projected to provide additional Refuse Fund revenue of approximately
$434,000 per year to be deposited to account 50400504.47705. Approximately $320,000 of the
additional Refuse Fund revenue is pass-through revenue payable to Rainbow as compensation for
residential collection and recycling services. The commercial rate increase is projected to provide
additional General Fund Franchise Fee revenue of approximately $35,000 per year to be deposited
to account 10000100.41240.
Funds in the amount of $175,000 are available in Refuse Fund revenue account number
50400504.47705, Refuse Charges, to fund FY 2018/19 pass-through residential collection and
recycling expenses in operating account number 50485103.69490.
Recommended Action:
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File #:19-578 MEETING DATE:6/3/2019
A) Receive and file the Residential and Commercial Refuse Rates effective July 1, 2019; and ,
B) Authorize an appropriation of $175,000 for operating costs for Refuse Collection Contract
Services.
Alternative Action(s):
Do not authorize the appropriation to Refuse Collection Contract Services and direct staff accordingly.
Analysis:
The Agreement with Rainbow stipulates an annual review of residential and commercial services
rates. A change in compensation for each contract year, July 1 to June 30, is determined by a
formula with three weighted variables. The variables and their weighting factor (in parentheses) are
the local area All Urban Consumer Price Index for March (76%), the County of Orange per ton fee for
landfill disposal (16%), Rainbow’s average cost of CNG fuel for March (8%). Rainbow submitted the
residential and commercial rate calculations (Attachments 2 and 3) on April 22, 2019. March CPI
increased 2.71%, Orange County landfill fees increased 2.55% and Rainbow’s cost of CNG fuel
increased 12.52% for a net increase of 3.47% when weighted and factored together.
Residential Rates:
The City’s Refuse Fund (50400504) is the enterprise fund where revenue collected from the
residential trash customer is received and the expenses of providing the service are paid. The
objective is to maintain a balanced budget. To further this objective, on June 5, 2017 , after a duly
noticed public hearing, the City Council adopted Resolution 2017-26 (Attachment 1). The Resolution
ratifies the Agreement formula for annual pass-through adjustments to the residential rate, which
results in a $0.56 increase to the rate. Additionally, the Resolution sets the maximum rate for city
account services attributed to the residential refuse collection at $1.85 per residence per month,
implemented over 3 years. The third increment of $0.20 is effective July 1, 2019. The result is a new
residential trash rate of $21.83 per residence per month effective July 1, an increase of $0.76 per
month. Attachment 4 is a table comparing the current and new residential rate. Attachment 5 is the
bill message that began appearing on the City’s utility bill statement as of May 13, 2019, advising
residential customers of the upcoming rate increase.
Commercial Rates:
Rainbow is compensated for commercial refuse services by fees invoiced directly to its commercial
customers. Commercial refuse fees are not received or processed by the City. Rainbow calculated its
2019 commercial rates based on the formula increase of 3.47% explained above. The increase
applies to commercial collection services and temporary bins. Attachment 6 is the new commercial
service rate schedule, which becomes the new Exhibit A of the Franchise Agreement.
Appropriation Request:
Due to the City’s budget development calendar, the residential refuse rates for the upcoming fiscal
year are not known until after the budget submission deadline. The FY 2018/19 Refuse Collection
Service operating budget was developed based on the FY 2017/18 rate and does not reflect the
expenses resulting from the rate increase effective July 1, 2018. The pass-through expense for
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File #:19-578 MEETING DATE:6/3/2019
Rainbow’s trash collection and recycling services for FY 201/819 is projected to be $11,019,000. The
adopted Operating Budget for this expense is $10,844,770, a projected shortage of $173,816. Staff is
requesting an authorization to appropriate an additional $175,000 from Refuse Fund revenue to
ensure that the current fiscal year pass-through expense is fully funded.
Environmental Status:
The activity to receive and file the annual review and adjustment of 2019 residential trash rates,
based on a formula previously approved by the City Council, is not a project as defined in Section
15378 of the CEQA Guidelines.
Pursuant to Section 15378(b)(5), organizational or administrative activities of governments that will
not result in direct or indirect physical changes in the environment are not considered projects.
Notwithstanding, the adjustment of residential trash rates with no changes to existing refuse service
is statutorily exempt from the California Environmental Quality Act ("CEQA") pursuant to CEQA
Guidelines Section 15273, which exempts the establishment, structuring, restructuring or approval of
rates, tolls, fares, and other charges for the purpose of meeting operating expenses. Additionally,
trash rate adjustments with no change in service would be exempt pursuant to CEQA Guidelines
Section 15061(b)(3), which exempt 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 environment.
Strategic Plan Goal:
Non-Applicable - Administrative Item
Attachment(s):
1. Resolution 2017-26
2. Rainbow/Republic Services 2019 Residential Rate Certification
3. Rainbow/Republic Services 2019 Commercial Rate Certification
4. Residential Rate Table
5. Utility Bill Message
6. Exhibit A Commercial Services Rates Effective July 1, 2019
City of Huntington Beach Printed on 5/30/2019Page 3 of 3
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RESOLUTION NO. 2017-26
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH ADJUSTING AND RATIFYING
RESIDENTIAL REFUSE RATES BY THE FORMULA ESTABLISHED
IN THE REVISED AND RESTATED REFUSE COLLECTION
AND DISPOSAL SERVICES FRANCHISE AGREEMENT
WHEREAS, on July 17, 2006 the City Council adopted Ordinance No. 3744,
granting a franchise to collect refuse to Rainbow Disposal and to Rainbow Transfer and
Recycling; and
The state of the law remains unclear as to the applicability of California
Constitution Article XIII (Proposition 218) to residential refuse rates. In order to avoid
any future legal challenges, the City is following the procedural and substantive mandates
of Proposition 218; and
The Revised and Restated Refuse Collection and Disposal Services Franchise
Agreement includes a weighted fee formula comprised of three components as follows:
(1) March to March Consumer Price Index for All Urban Consumers ("CPIU")
in Los Angeles, Orange and Riverside counties established by the U. S.
Bureau of Labor Statistics, weighted 76%;
(2) The landfill disposal fee — weighted 16%; and
(3) The hauler's cost of Compressed Natural Gas (CNG) fuel, weighted 8%;
and
The City desires to adjust the maximum residential curbside refuse collection rate
annually commensurate with the adjustments established by Rainbow Disposal Co. in
accordance with the formula stated above; and
The residential curbside collection rate includes a maximum $1.85 per dwelling
unit per month for the City's account services expenses attributed to the residential
curbside refuse collection services provided, to be implemented as follows: July 1, 2017 —
$1.45; July 1,2018 = $1.65; and July 1, 2019 = $1.85; and
The Huntington Beach Municipal Code Section 8.21.030, provides that the City
Council establishes maximum rates for curbside residential collection service by
resolution,
NOW, THEREFORE, the City Council of the City of Huntington Beach does
hereby resolve as follows:
1
17-5814/158578/RLS 5/19/17/MV
62
RESOLUTION NO. 2017-26
1. The foregoing recitals are all true and correct.
2. After a duly noticed City Council public hearing on June 5, 2017 to receive
testimony and protest regarding the proposed residential curbside refuse collection
rate, the City Council finds that no such majority protest was received and that the
rates shall be adjusted as follows:
The monthly rate for curbside residential refuse collection for basic level of
services shall be
$15.21 Refuse Collection
$3.00 Recycling
$0.15 Public Education
$1.45 Account Services
$19.81 Total
for each single-family residence and each dwelling unit within a duplex, a triplex,
or a four-plex receiving non-commercial refuse collection services. This equates to
a daily rate of $0.6513. This increase shall take effect on all billings dated after
July 1, 2017, prorated for service from and after July 1, 2017.
3. Effective November 1, 2017, the monthly rate for curbside residential refuse
collection for basic level of services shall be
$15.97 Refuse Collection
$3.00 Recycling
$0.15 Public Education
$1.45 Account Services
$20.57 Total
for each single-family residence and each dwelling unit within a duplex, triplex, or
four-plex receiving non-commercial refuse collection services. This equates to a daily
rate of $0.6763. This increase shall take effect on all billings dated after November 1,
2017, pro-rated for service from and after November 1,2017.
4. That the Refuse Collection charges for residential curbside collection will be
adjusted annually in accordance with the formula set forth in the Revised and
Restated Refuse Collection and Disposal Services Franchise Agreement as follows:
(1) March to March Consumer Price Index for All Urban Consumers in Los
Angeles, Orange and Riverside counties established by the U. S. Bureau of
Labor Statistics ("CPIU"), weighted 76%;
(2) the landfill disposal fee — weighted 16%; and
(3) the hauler's cost of Compressed Natural Gas (CNG) fuel, weighted 8%.
2
17-5814/158578/RLS 5/19/17/MV
63
RESOLUTION NO. 2017-26
5. The Account Services charges will be adjusted annually commencing July 1, 2020
per arch CPIU.
6. The Recycling charges may be adjusted annually provided that charges for each
subsequent year shall not exceed the percentage of increase or decrease in the
CPIU, subject to all other terms of Solid Waste Franchise Agreement.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at
a regular meeting thereof held on the 5th day of June , 2017.
Director ofPublrc Works
3
‘-'
17-5814/158578/RLS 5/19/17/MV
64
Res. No. 2017-26
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing resolution was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council
at a Regular meeting thereof held on June 05, 2017 by the following vote:
AYES: O'Connell, Semeta, Posey, Delgleize, Hardy, Brenden
NOES: Peterson
ABSENT: None
RECUSE: None
2izza4o
City Cierk and ex-officio Clerk of the
City Council of the City of
Huntington Beach, California
65
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97
COMPARISON OF CURRENT AND NEW RESIDENTIAL REFUSE RATE
Current
Rate to
Residents
2019
Rate to
Residents
Difference
Refuse Collection and Disposal (to Rainbow) 16.27 16.83 0.56
Materials Recovery & Recycling (to Rainbow) 3.00 3.00 0.00
Total Compensation to Rainbow per residential unit per month $19.27 $19.83 $0.56
City Public Education Programs 0.15 0.15 0.00
City Account Services per Resolution 2017-26 $1.65 $1.85 $0.20
Total Charge per Residence per Month $21.07 $21.83 $0.76
98
99
BASE STATE 5% Fran TOTAL BASE 5% Fran TOTAL
RATE REC. FEE RATE RATE FEE RATE
79.40$ 2.66$ 3.97$ 86.03$ 67.49$ 3.37$ 70.87$
124.58$ 5.40$ 6.23$ 136.21$ 105.89$ 5.29$ 111.19$
156.03$ 8.14$ 7.80$ 171.97$ 132.63$ 6.63$ 139.26$
171.55$ 10.92$ 8.58$ 191.05$ 145.82$ 7.29$ 153.11$
200.78$ 13.66$ 10.04$ 224.48$ 170.67$ 8.53$ 179.20$
232.17$ 16.42$ 11.61$ 260.19$ 197.34$ 9.87$ 207.21$
129.27$ 4.70$ 6.46$ 140.43$ 109.88$ 5.49$ 115.37$
185.24$ 9.22$ 9.26$ 203.72$ 157.46$ 7.87$ 165.33$
232.24$ 14.98$ 11.61$ 258.83$ 197.40$ 9.87$ 207.27$
272.37$ 20.04$ 13.62$ 306.03$ 231.52$ 11.58$ 243.09$
335.36$ 25.04$ 16.77$ 377.16$ 285.05$ 14.25$ 299.31$
385.13$ 30.08$ 19.26$ 434.46$ 327.36$ 16.37$ 343.72$
165.22$ 4.71$ 8.26$ 178.19$ 140.44$ 7.02$ 147.46$
248.84$ 10.50$ 12.44$ 271.78$ 211.51$ 10.58$ 222.09$
335.32$ 20.54$ 16.77$ 372.62$ 285.02$ 14.25$ 299.27$
393.87$ 30.14$ 19.69$ 443.70$ 334.79$ 16.74$ 351.53$
504.33$ 37.68$ 25.22$ 567.23$ 428.68$ 21.43$ 450.12$
589.65$ 45.22$ 29.48$ 664.36$ 501.21$ 25.06$ 526.27$
1X WEEK 334.23$ NA 17.29$ 363.12$ BASE 5% Fran TOTAL
2X WEEK 514.31$ NA 26.61$ 558.76$ RATE FEE RATE
3X WEEK 713.68$ NA 36.92$ 775.37$
4X WEEK 857.63$ NA 44.37$ 931.76$ 81.73$ 4.30$ 86.03$
5X WEEK 1,095.16$ NA 56.66$ 1,189.82$ 129.40$ 6.81$ 136.21$
6X WEEK 1,284.24$ NA 66.44$ 1,395.24$ 163.38$ 8.60$ 171.97$
181.50$ 9.55$ 191.05$
213.26$ 11.22$ 224.48$
247.18$ 13.01$ 260.19$
44.35$ 2.22$ 46.56$
88.68$ 4.43$ 93.12$
133.03$ 6.65$ 139.68$
177.38$ 8.87$ 186.25$
221.73$ 11.09$ 232.81$
266.06$ 13.30$ 279.37$
SIZE 5% Fran FEE 49.27$ 2.46$ 51.74$
1YD 1.58$
2YD 1.66$
3YD 2.64$
RATE
58.19$ BASE RATE TOTAL RATE
96.59$ LOCK LID-LOCK & KEY 79.07$ $83.03
138.91$ LOCK LID ONLY 60.10$ $63.10
187.39$ LOCK (KEY INCLUDED)16.61$ $17.44
225.13$ KEY/each 3.42$ $3.60
BASE RATE 5% Fran FEE TOTAL RATE
48.48$ $2.42 $50.90
EXTRA PICK UPS - TRASH & RECYCLE
TOTAL RATE
$33.21
$34.87
$55.35
45.33$ $2.27 $47.60
EXCHANGES - ALL SIZES
BASE RATE 5% Fran FEE TOTAL RATE
LOCKS & KEYS
MSW RECYCLING
SERVICE LEVELS SERVICE LEVELS
4 X PER WEEK
1 X PER WEEK
6 X PER WEEK 6 X PER WEEK
2 YARD
1 X PER WEEK
ORGANICS
2 X PER WEEK
SERVICE LEVELS
1 YARD1 YARD
3 X PER WEEK
3 X PER WEEK 3 X PER WEEK
4 X PER WEEK
1 X PER WEEK 1 X PER WEEK
2 X PER WEEK
2 X PER WEEK
3 X PER WEEK
4 X PER WEEK
5 X PER WEEK
6 X PER WEEK
4 X PER WEEK 4 X PER WEEK
5 X PER WEEK 5 X PER WEEK
5 X PER WEEK
6 X PER WEEK
1 X PER WEEK
3 YARD
5 X PER WEEK
6 X PER WEEK
4 X PER WEEK
5 X PER WEEK
6 X PER WEEK
3 YARD
1 X PER WEEK
4 X PER WEEK
CONTAMINATION
3 YARD COMPACTOR
4 X PER WEEK
5 X PER WEEK
6 X PER WEEK
RECYCLE CONTAMINATION
TOTAL RATE
$50.90
BASE
48.48$
5% FF
$2.42
5 X PER WEEK
3 X PER WEEK
2 X PER WEEK
65 GALLON CART
1 X PER WEEK
2 X PER WEEK
3 X PER WEEK
52.72$
BASE RATE
31.63$
33.21$
1 X PER WEEK
2 X PER WEEK
3 YARD ONLY
SCHOOL DISTRICTS
3 X PER WEEK
4 X PER WEEK
5 X PER WEEK
CITY OF HUNTINGTON BEACH - EXHIBIT A COMMERCIAL SOLID WASTE & RECYCLING RATES - EFFECTIVE 7/1/2019
5% Fran FEE
$3.95
$3.00
$0.83
$0.17
DESCRIPTION
2 X PER WEEK
2 YARD
1 X PER WEEK
2 X PER WEEK
3 X PER WEEK
EXTRA YARDAGE
2 X PER WEEK
6 X PER WEEK
3 X PER WEEK
1 YARD
G:\MAINTENANCE & GENERAL SERVICES\General Services\Refuse\Rates\Commercial Rates\2019 COMML RATES\2019 Exhibit Commercial Rates.xlsx
100
City of Huntington Beach
File #:19-660 MEETING DATE:6/3/2019
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Lori Ann Farrell Harrison, Interim City Manager
PREPARED BY:Antonia Graham, Assistant to the City Manager
Subject:
City Council Position on Legislation Pending Before the State Legislature as Recommended
by the City Council Intergovernmental Relations Committee (IRC)
Statement of Issue:
On May 22, 2019 the Intergovernmental Relations Committee (IRC) comprised of Mayor Erik
Peterson, Mayor Pro Tem Lyn Semeta, and City Council Member Jill Hardy met to discuss pending
Federal and State legislation. This Council Action authorizes the Mayor to sign official City position
letters.
Financial Impact:
There is no fiscal impact.
Recommended Action:
A) Approve a City position of Support if Amended on Assembly Bill 552 (Stone): Coastal
Adaptation, Access and Resilience Program; and,
B) Approve a City position of Support on Assembly Bill 1718 (Levine): State Coastal Beaches
Smoking Ban and Senate Bill 8 (Glazer): State Parks: State Coastal Beaches: Smoking Ban;
and,
C) Approve a City position of Oppose on Assembly Bill 1184 (Garcia): Public Records: Writing
Transmitted by Electronic Mail: Retention; and,
D) Approve a City position of Oppose on Assembly Bill 516 (Chiu): Authority to Remove Vehicles;
and,
E) Approve a City position of Oppose on Assembly Bill 1356 (Ting): Cannabis: Local
Jurisdictions: Retail Commercial Cannabis Activity.
Alternative Action(s):
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File #:19-660 MEETING DATE:6/3/2019
Do not approve and direct staff accordingly.
Analysis:
The Intergovernmental Relations Committee (IRC) met to discuss pending Federal and State
legislation on May 22, 2019. The Committee reviewed the 2019 State Legislative Matrix provided by
the City’s Federal and State Advocate Townsend Public Affairs. The following is an analysis of the
bills that the Committee chose to take the following positions on:
Ø SUPPORT If Amended - Assembly Bill 552 (Stone): Coastal Adaptation, Access, and
Resilience Program
This bill would establish the Coast Adaptation, Access, and Resiliency Program to help
address the rising sea levels and coastal climate change. The program and related funds
would be administered through a variety of state agencies, including the California Coastal
Commission, Natural Resources Agency, and Ocean Protection Council. These agencies
would be tasked with receiving funds and taking actions consistent with state guidelines and
recommendations.
As a coastal zone city with mineral extraction leases on state tide and submerged lands, the
City understands the need for resources to protect our community against rising sea levels.
While this bill is a good first step in providing funding for cities, this bill would better serve our
City if the funds were made directly available to us instead of provided through a laborious
grant program with no guarantee of funding. This type of funding should be provided to cities
based on their partnerships and proximity to mineral extraction leases.
Ø SUPPORT - Assembly Bill 1718 (Levine) - State Coastal Beaches Smoking Ban
SUPPORT - Senate Bill 8 (Glazer) State Parks: Coastal Beaches Smoking Ban
Both bills would prohibit smoking and the disposal of smoking products on state beaches and
would make these violations an infraction punishable by a fee of up to $25. It would also
require the Department of Parks and Recreation to post signs to provide notice of the smoking
ban. The City believes this bill would result in fewer cigarette butts and other smoking products
left on our City beaches through consistency in regulations. Currently, the City does not allow
smoking on our municipal beaches and hopes that through this bill, smoking will also be
banned on adjacent State beaches.
Trash and waste on any of our beaches is a constant concern for the City, and smoking
products are one of the most common types of trash that are found. Additionally, smoking on
beaches bothers other patrons and disrupts the experience for others. Given the number of
wildfires throughout the state over the past several years, cities and state governments should
pursue sensible policies that reduce the risk of wildfires, protects local wildlife, and keeps our
open spaces clean and healthy for everyone.
Ø OPPOSE - Assembly Bill 1184 (Gloria) - Public Records: Writing Transmitted by
Electronic Mail: Retention
The City supports the goal of public transparency in local governments. However, the
restrictions provided in AB 1184 are too demanding. Currently, local governments are
permitted to destroy or to dispose of duplicate records that are less than two years old when
they are no longer required by the public agency. Changing this to force public agencies to
keep all electronic correspondence regardless of what it is for two years will be costly and
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File #:19-660 MEETING DATE:6/3/2019
keep all electronic correspondence regardless of what it is for two years will be costly and
logistically challenging. The City should be allowed to determine what information it keeps, in
compliance with the Public Records Act, and should be able to maintain their local control to
adopt their own records retention policies.
Ø OPPOSE - Assembly Bill 516 (Chiu) - Authority to Remove Vehicles
AB 516, which would prohibit local peace officers from towing vehicles for parking violations,
abandoned use, or expired vehicle registrations. This bill would impede the ability of cities to
take basic public safety actions to protect our communities.
This bill seeks to prohibit law enforcement and cities from unlawfully towing vehicles that have
registered offenses or violations. It eliminates the ability for cities to adequately enforce both
state and local laws and diminishes a city’s right to local control. Specifically, this bill would
eliminate the ability for cities and law enforcement to 1) immobilize or place a boot on a
vehicle for motorists who ignore paying five or more parking tickets, 2) remove vehicles with
expired registration that are operating illegally, and 3) remove vehicles in violation of parking
times.
While the City recognizes the inconvenience for individuals to have their vehicles towed, cities
are obligated to enforce state and local laws that ensure basic public safety. Moreover, cities
should not have their right to local control and governance diminished by unnecessary
regulations from Sacramento. This legislation takes a broad, sweeping approach to vehicle
removal that usurps our City’s standard practice that has long been in effect.
Ø OPPOSE - Assembly Bill 1356 (Ting) - Cannabis: Local Jurisdictions: Retail Commercial
Cannabis Activity
AB 1356 would require the City to permit and allow retail cannabis operations within the City
despite the protections given explicitly by the Legislature and the voters through various
means.
Existing law, under both the Medicinal and Adult-Use Cannabis Regulation and Safety Act
(MAUCRSA) and Proposition 64, states that localities have the ability to adopt and enforce
local ordinances to regulate cannabis businesses. By removing local governments’ ability to
regulate brick and mortar retail cannabis shops, AB 1356 undermines the foundation of local
control and thereby negates the primary purpose of California’s established dual licensing
structure.
Further, it is irresponsible to base the number of allowable cannabis permits on the number of
liquor licenses in a city’s jurisdiction. These two industries and the access that residents have
to each are widely unrelated and would impose arbitrary and random benchmarks and
minimums for cannabis in communities. Land use regulatory authority, including ordinances
that would regulate controversial industries, should stay with local governments just as the
MAUCRSA and Proposition 64 intended.
In addition to legislation, the Committee began a discussion on the City’s existing Board and
Commissions. The Committee will continue to discuss the role of Boards Task Forces and
Commissions at a subsequent meeting and any actions taken will be brought forth to the City Council
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File #:19-660 MEETING DATE:6/3/2019
Commissions at a subsequent meeting and any actions taken will be brought forth to the City Council
for consideration thereafter.
Environmental Status:
Not Applicable.
Strategic Plan Goal:
Enhance and maintain high quality City services
Attachment(s):
1. Assembly Bill 552
2. Assembly Bill 1718
3. Assembly Bill 1184
4. Assembly Bill 516
5. Assembly Bill 1356
6. Senate Bill 8
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AMENDED IN ASSEMBLY APRIL 30, 2019
AMENDED IN ASSEMBLY APRIL 22, 2019
AMENDED IN ASSEMBLY APRIL 1, 2019
AMENDED IN ASSEMBLY MARCH 14, 2019
california legislature—2019–20 regular session
ASSEMBLY BILL No. 552
Introduced by Assembly Member Mark Stone
February 13, 2019
An act to amend Section 6217 of, and to add Division 20.8
(commencing with Section 30990) to, the Public Resources Code,
relating to coastal resources.
legislative counsel’s digest
AB 552, as amended, Mark Stone. Coastal resources: Coastal
Adaptation, Access, and Resilience Program.
(1) Existing law vests with the State Lands Commission jurisdiction
over specified public lands in the state, including tidelands and
submerged lands. The California Coastal Act of 1976 also establishes
the California Coastal Commission and requires the commission to
regulate development in the coastal zone, as defined. Existing law
creates the Integrated Climate Adaptation and Resiliency Program to
be administered by the Office of Planning and Research, and requires
the Director of State Planning and Research, no later than January 1,
2017, to establish the program to coordinate regional and local efforts
with state climate adaptation strategies to adapt to the impacts of climate
change, as specified.
95 105
This bill would establish the Coastal Adaptation, Access, and
Resilience Program for the purpose of funding specified activities
intended to help the state prepare, plan, and implement actions to address
and adapt to sea level rise and coastal climate change. The bill would
create the Coastal Adaptation, Access, and Resilience Fund in the State
Treasury, and would authorize the California Coastal Commission and
specified state agencies to expend moneys in the fund, upon
appropriation in the annual Budget Act, to take actions, based upon the
best scientific information, that are designed to address and adapt to
sea level rise and coastal climate change, as prescribed. The bill would
require the Natural Resources Agency to annually make available
information regarding any activity funded under the program on a
publicly accessible internet website. The bill would also require the
Director of State Planning and Research to consider the program in its
administration of the Integrated Climate Adaptation and Resiliency
Program.
(2) Existing law requires the State Lands Commission, with specified
exceptions, to deposit all revenue, money, and remittances received by
the commission from certain state lands in the General Fund, and
requires that sufficient moneys from those deposits be made available
each fiscal year for payments for expenditures of the commission,
specified payments to cities and counties pursuant to agreements
covering transferred lands, mineral rights, and oil and gas well removal
and remediation, as prescribed.
This bill would require, for the 2020–21 fiscal year and for each fiscal
year thereafter, an amount not less than 30% of those moneys funds
received by the commission and required to be deposited into the
General Fund by the commission pursuant to those provisions, except
as provided, be transferred to the Coastal Adaptation, Access, and
Resilience Fund and made available, upon appropriation in the annual
Budget Act, for expenditure for purposes of the Coastal Adaptation,
Access, and Resilience Program.
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. Section 6217 of the Public Resources Code is
line 2 amended to read:
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— 2 — AB 552 106
line 1 6217. With the exception of revenue derived from state school
line 2 lands and from sources described in Sections 6217.6, 6301.5,
line 3 6301.6, and 6855, and Sections 8551 to 8558, inclusive, and
line 4 Section 6404 (insofar as the proceeds are from property that has
line 5 been distributed or escheated to the state in connection with
line 6 unclaimed estates of deceased persons), the commission shall
line 7 deposit all revenue, money, and remittances received by the
line 8 commission under this division, and under Chapter 138 of the
line 9 Statutes of 1964, First Extraordinary Session, in the General Fund.
line 10 Out of those moneys funds deposited in the General Fund,
line 11 sufficient moneys shall be made available each fiscal year for the
line 12 following purposes:
line 13 (a) Payment of refunds, authorized by the commission, out of
line 14 appropriations made for that purpose.
line 15 (b) Payment of expenditures of the commission as provided in
line 16 the annual Budget Act.
line 17 (c) Payments to cities and counties of the amounts specified in
line 18 Section 6817 for the purposes specified in that section, out of
line 19 appropriations made for that purpose.
line 20 (d) Payments to cities and counties of the amounts agreed to
line 21 pursuant to Section 6875, out of appropriations made for that
line 22 purpose.
line 23 (e) (1) For the 2018–19 fiscal year, the sum of two million
line 24 dollars ($2,000,000) shall be transferred to the Land Bank Fund
line 25 and, notwithstanding Section 8610, shall be available, upon
line 26 appropriation in the annual Budget Act, for the purpose of
line 27 implementing the commission’s coastal hazard and legacy oil and
line 28 gas well removal and remediation program provided in Section
line 29 6212.
line 30 (2) For each fiscal year from the 2019–20 fiscal year to the
line 31 2027–28 fiscal year, inclusive, an amount sufficient to bring the
line 32 unencumbered balance of the Land Bank Fund available for the
line 33 purpose of implementing the commission’s coastal hazard and
line 34 legacy oil and gas well removal and remediation program provided
line 35 in Section 6212 to two million dollars ($2,000,000) shall be
line 36 transferred to the Land Bank Fund and, notwithstanding Section
line 37 8610, shall be available, upon appropriation in the annual Budget
line 38 Act, for the purpose of implementing the commission’s coastal
line 39 hazard and legacy oil and gas well removal and remediation
line 40 program provided in Section 6212.
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AB 552 — 3 — 107
line 1 (f) For the 2020–21 fiscal year and for each fiscal year thereafter,
line 2 an amount not less than 30 percent of the moneys funds received
line 3 by the commission and required to be deposited in the General
line 4 Fund pursuant to this section, except for moneys transferred to the
line 5 Land Bank Fund pursuant to subdivision (e), shall be transferred
line 6 to the Coastal Adaptation, Access, and Resilience Fund, created
line 7 pursuant to Section 30992, and made available, upon appropriation
line 8 in the annual Budget Act, for expenditure for the purposes of
line 9 Division 20.8 (commencing with Section 30990).
line 10 SEC. 2. Division 20.8 (commencing with Section 30990) is
line 11 added to the Public Resources Code, to read:
line 12
line 13 DIVISION 20.8. COASTAL ADAPTATION, ACCESS, AND
line 14 RESILIENCE PROGRAM
line 15
line 16 30990. The Legislature finds and declares all of the following:
line 17 (a) The coast of California is a vital and invaluable natural
line 18 resource of statewide importance belonging to all the people, and
line 19 its preservation and accessibility by current and future generations
line 20 is of paramount concern to the residents of this state and nation.
line 21 (b) Burning nonrenewable fossil fuels that are extracted from
line 22 California’s public lands and state tidelands contributes to global
line 23 climate change and sea level rise, which threatens the state’s coastal
line 24 natural resources, human, plant, and animal communities, public
line 25 infrastructure, coastal tourism and recreational opportunities, and
line 26 the state’s $50 billion coastal economy.
line 27 (c) Royalty revenue generated from leases authorizing the
line 28 extraction of nonrenewable resources on the state’s trust lands
line 29 should be prioritized for planning, minimizing, and mitigating the
line 30 environmental impacts of those activities, including, but not limited
line 31 to, sea level rise and its impact on the accessibility of the coastline
line 32 by all Californians.
line 33 (d) Recent and ongoing studies and reports developed by the
line 34 state, universities, and other science-driven analyses illustrate that
line 35 California’s coastal communities are not prepared for the coming
line 36 “new normal” of rising sea levels and that enhanced coastal
line 37 planning and management of coastal resources and development
line 38 continue to be of preeminent concern to the state.
line 39 (e) The current rate of global sea level rise calls for an urgent,
line 40 coordinated, statewide initiative to actively plan for adaptation
95
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line 1 and mitigation strategies to address the inevitable economic and
line 2 environmental impacts of sea level rise in this state.
line 3 (f) Protection of coastal resources from sea level rise impacts
line 4 can provide additional valuable public benefits, including, but not
line 5 limited to, flood protection; improved water quality; habitat for
line 6 fish, shellfish, and wildlife; recreational opportunities; enhanced
line 7 quality of life; and increased property values.
line 8 (g) Maintaining a strong state coastal management program,
line 9 including comprehensive updates of existing planning documents,
line 10 is the most efficient, cost-effective, and practical method for
line 11 ensuring that statewide coastal management and climate change
line 12 policies are locally implemented and that unplanned and costly ad
line 13 hoc responses that risk more significant environmental and social
line 14 harm are avoided.
line 15 (h) In order for the state to maintain its strong coastal
line 16 management program and to plan and prepare comprehensively
line 17 for sea level rise in the face of a rapidly changing climate, it is
line 18 appropriate to allocate revenues from nonrenewable resource
line 19 royalties to purposes related to coastal resource protection and
line 20 management, including forward-thinking sea level rise and climate
line 21 change planning.
line 22 30991. The Coastal Adaptation, Access, and Resilience
line 23 Program is hereby established to fund activities intended to help
line 24 the state prepare, plan, and implement actions intended to address
line 25 and adapt to sea level rise and coastal climate change.
line 26 30992. (a) The Coastal Adaptation, Access, and Resilience
line 27 Fund, hereafter referred to as the fund, Fund is hereby created in
line 28 the State Treasury. Moneys in the fund may be expended by the
line 29 California Coastal Commission, the Natural Resources Agency,
line 30 the Ocean Protection Council, the Department of Parks and
line 31 Recreation, the State Lands Commission, and the State Coastal
line 32 Conservancy, upon appropriation in the annual Budget Act, to take
line 33 actions, based upon the best scientific information, that are
line 34 designed to address and adapt to sea level rise and coastal climate
line 35 change, consistent with the guidelines and recommendations
line 36 contained in both of the following:
line 37 (1) The Fourth Climate Change Assessment released in
line 38 September 2018 and prepared by the Office of Planning and
line 39 Research, the State Energy Resources Conservation and
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AB 552 — 5 — 109
line 1 Development Commission, and the Natural Resources Agency, or
line 2 the most recent update to the assessment.
line 3 (2) The “Safeguarding State Plan: 2018 Update” released in
line 4 January 2018 and prepared by the Natural Resources Agency, or
line 5 the most recent update to the plan.
line 6 (b) The Natural Resources Agency shall ensure that moneys
line 7 expended from the fund Coastal Adaptation, Access, and Resilience
line 8 Fund are consistent with statewide or regional reports and studies
line 9 that rely upon the best available scientific information, including
line 10 approaches that prioritize natural infrastructure in accordance with
line 11 the objectives set forth in Section 71154.
line 12 (c) The Natural Resources Agency shall, on a publicly accessible
line 13 internet website, annually make available information regarding
line 14 any activity funded pursuant to this division. The information shall
line 15 include, at a minimum, all of the following information:
line 16 (1) The name of the agency, or agencies, to which funding was
line 17 allocated.
line 18 (2) A list of each activity funded with moneys from the fund,
line 19 Coastal Adaptation, Access, and Resilience Fund, including a
line 20 description of the purpose of each activity funded and its
line 21 relationship to relevant statewide reports or studies.
line 22 (3) The amount allocated for the activity.
line 23 (4) An anticipated timeline and total cost for completion of the
line 24 activity.
line 25 (d) All activities funded pursuant to this division shall be
line 26 consistent with, and incorporate, the environmental justice goals
line 27 set forth in Section 71110 of this code and Section 65040.12 of
line 28 the Government Code.
line 29 (e) In order to ensure that all communities and regions are able
line 30 to benefit from moneys made available for the purposes described
line 31 in this division, moneys may be utilized to provide technical
line 32 assistance and cover necessary and eligible planning costs.
line 33 (f) The Natural Resources Agency may, as necessary, coordinate
line 34 with the California Coastal Commission, the Ocean Protection
line 35 Council, the Department of Parks and Recreation, the State Lands
line 36 Commission, and the State Coastal Conservancy to compile data
line 37 on the outcomes and accomplishments of any activity funded
line 38 pursuant to this division and provide that data and information to
line 39 the relevant legislative committees.
95
— 6 — AB 552 110
line 1 (g) Pursuant to Section 71354, the Director of State Planning
line 2 and Research shall consider the Coastal Adaptation, Access, and
line 3 Resilience Program in its administration of the Integrated Climate
line 4 Adaptation and Resiliency Program (Part 4.5 (commencing with
line 5 Section 71350) of Division 34).
O
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AB 552 — 7 — 111
california legislature—2019–20 regular session
ASSEMBLY BILL No. 1718
Introduced by Assembly Member Levine
(Coauthor: Assembly Member Gonzalez)
(Coauthor: Senator Glazer)
February 22, 2019
An act to add Section 5008.91 to the Public Resources Code, relating
to state parks.
legislative counsel’s digest
AB 1718, as introduced, Levine. State parks: state coastal beaches:
smoking ban.
Existing law makes it an infraction for a person to smoke a cigarette,
cigar, or other tobacco product within 25 feet of a playground or tot lot
sandbox area.
This bill would make it an infraction for a person to smoke, as defined,
on a state coastal beach or in a unit of the state park system or to dispose
of used cigar or cigarette waste on a state coastal beach or in a unit of
the state park system, with certain exceptions, as specifically provided.
The bill would establish a state-mandated local program by creating a
new crime.
The bill would require the department to develop and post signs at
the main entrances to state coastal beaches and units of the state park
system to provide notice of the smoking prohibition. The bill would
require the smoking prohibition to be enforced only after signs have
been posted. The bill would authorize the Director of Parks and
Recreation to designate, by posted order, areas within units of the state
park system as exempt from these provisions.
Revised 5-16-19—See last page.99 112
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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 5008.91 is added to the Public Resources
line 2 Code, to read:
line 3 5008.91. (a) For purposes of this section, the following
line 4 definitions apply:
line 5 (1) “Cigar” has the same meaning as defined in Section 104550
line 6 of the Health and Safety Code and, for purposes of this section,
line 7 may contain any other weed or plant as an alternative or
line 8 supplement to tobacco or nicotine.
line 9 (2) “Cigarette” has the same meaning as defined in Section
line 10 104556 of the Health and Safety Code and, for purposes of this
line 11 section, may contain any other weed or plant as an alternative or
line 12 supplement to tobacco or nicotine.
line 13 (3) “Smoke” or “smoking” means inhaling, exhaling, burning,
line 14 or carrying any lighted or heated cigar, cigarette, or pipe, or any
line 15 other lighted or heated tobacco or plant product intended for
line 16 inhalation, whether natural or synthetic, in any manner or in any
line 17 form. “Smoke” or “smoking” includes the use of an electronic
line 18 smoking device that creates an aerosol or vapor, in any manner or
line 19 in any form, or the use of any oral smoking device for the purpose
line 20 of circumventing a prohibition on smoking. “Smoke” or “smoking”
line 21 does not include either of the following:
line 22 (A) The use of a cigar, cigarette, or pipe, or any other lighted
line 23 or heated tobacco or plant product used as a prop in a motion
line 24 picture, television program, or similar filmed audiovisual work,
line 25 provided filming is properly permitted by the California Film
line 26 Commission, the active film set is closed to the general public,
line 27 and any waste is immediately removed from the beach or park.
line 28 (B) The use of a cigar, cigarette, or pipe, or any other lighted
line 29 or heated tobacco or plant product used in connection with the
line 30 good faith practice of a religious belief or ceremony.
99
— 2 — AB 1718 113
line 1 (4) “State coastal beach” means an area that is owned by,
line 2 operated by, or under the jurisdiction of the department and that
line 3 adjoins the ocean, a bay, or an estuary.
line 4 (5) “Unit of the state park system” means an area specified in
line 5 Section 5002.
line 6 (b) A person shall not smoke on a state coastal beach or in a
line 7 unit of the state park system.
line 8 (c) A person shall not dispose of used cigar or cigarette waste
line 9 on a state coastal beach or in a unit of the state park system.
line 10 (d) A person who violates this section is guilty of an infraction
line 11 and shall be punished by a fine of up to twenty-five dollars ($25).
line 12 (e) The department shall develop and post signs at the main
line 13 entrances to state coastal beaches and units of the state park system
line 14 to provide notice of the smoking prohibition set forth in subdivision
line 15 (b). Subdivision (b) shall be enforced on state coastal beaches or
line 16 in units of the state park system only after signs have been posted.
line 17 (f) (1) Notwithstanding any other provision of this section, the
line 18 director may designate, by posted order, areas within units of the
line 19 state park system as exempt from the provisions of this section.
line 20 (2) The director shall consider public health and safety
line 21 implications and potential fire risks when making a designation
line 22 of exempt areas under paragraph (1).
line 23 SEC. 2. No reimbursement is required by this act pursuant to
line 24 Section 6 of Article XIIIB of the California Constitution because
line 25 the only costs that may be incurred by a local agency or school
line 26 district will be incurred because this act creates a new crime or
line 27 infraction, eliminates a crime or infraction, or changes the penalty
line 28 for a crime or infraction, within the meaning of Section 17556 of
line 29 the Government Code, or changes the definition of a crime within
line 30 the meaning of Section 6 of Article XIIIB of the California
line 31 Constitution.
line 32
line 33
REVISIONS: line 34
Heading—Line 2. line 35
line 36
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99
AB 1718 — 3 — 114
AMENDED IN ASSEMBLY MAY 16, 2019
AMENDED IN ASSEMBLY APRIL 24, 2019
AMENDED IN ASSEMBLY MARCH 25, 2019
california legislature—2019–20 regular session
ASSEMBLY BILL No. 1184
Introduced by Assembly Member Gloria
February 21, 2019
An act to add Section 6253.32 to the Government Code, relating to
public records.
legislative counsel’s digest
AB 1184, as amended, Gloria. Public records: writing transmitted
by electronic mail: retention.
The California Public Records Act requires a public agency, defined
to mean any state or local agency, to make public records available for
inspection, subject to certain exceptions. Existing law specifies that
public records include any writing containing information relating to
the conduct of the public’s business, including writing transmitted by
electronic mail. The act requires any agency that has any information
that constitutes a public record not exempt from disclosure, to make
that public record available in accordance with certain provisions and
authorizes every agency to adopt regulations stating the procedures to
be followed when making its records available, if the regulations are
consistent with those provisions. Existing law authorizes cities, counties,
and special districts to destroy or to dispose of duplicate records that
are less than two years old when they are no longer required by the city,
county, or special district, as specified.
96 115
This bill would, unless a longer retention period is required by statute
or regulation, require a public agency for purposes of the California
Public Records Act to retain and preserve for at least 2 years every
writing containing information relating to the conduct of the public’s
business prepared, owned, or used by any public agency that is
transmitted by electronic mail or other similar messaging system. mail.
The California Constitution requires local agencies, for the purpose
of ensuring public access to the meetings of public bodies and the
writings of public officials and agencies, to comply with a statutory
enactment that amends or enacts laws relating to public records or open
meetings and contains findings demonstrating that the enactment furthers
the constitutional requirements relating to this purpose.
This bill would make legislative findings to that effect.
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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 6253.32 is added to the Government
line 2 Code, immediately following Section 6253.31, to read:
line 3 6253.32. Unless a longer retention period is required by statute
line 4 or regulation, a public agency shall, for the purpose of this chapter,
line 5 retain and preserve for at least two years every writing containing
line 6 information relating to the conduct of the public’s business
line 7 prepared, owned, or used by any public agency that is transmitted
line 8 by electronic mail or other similar messaging system. mail.
line 9 SEC. 2. The Legislature finds and declares that Section 1 of
line 10 this act, which adds Section 6253.32 to the Government Code,
line 11 furthers, within the meaning of paragraph (7) of subdivision (b)
line 12 of Section 3 of Article I of the California Constitution, the purposes
line 13 of that constitutional section as it relates to the right of public
line 14 access to the meetings of local public bodies or the writings of
line 15 local public officials and local agencies. Pursuant to paragraph (7)
line 16 of subdivision (b) of Section 3 of Article I of the California
line 17 Constitution, the Legislature makes the following findings:
96
— 2 — AB 1184 116
line 1 This act furthers the right of public access to the writings of local
line 2 public officials and local agencies by requiring that public agencies
line 3 preserve for at least two years every writing containing information
line 4 relating to the conduct of the public’s business prepared, owned,
line 5 or used by any local agency that is transmitted by electronic mail
line 6 or other similar messaging system. mail.
line 7 SEC. 3. No reimbursement is required by this act pursuant to
line 8 Section 6 of Article XIII B of the California Constitution because
line 9 the only costs that may be incurred by a local agency or school
line 10 district under this act would result from a legislative mandate that
line 11 is within the scope of paragraph (7) of subdivision (b) of Section
line 12 3 of Article I of the California Constitution.
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AB 1184 — 3 — 117
AMENDED IN ASSEMBLY MARCH 28, 2019
california legislature—2019–20 regular session
ASSEMBLY BILL No. 516
Introduced by Assembly Member Chiu Members Chiu and Santiago
(Coauthors: Assembly Members Bonta, Chu, and Gipson)
(Coauthor: Senator Wiener)
February 13, 2019
An act to amend Section 22651 of Sections 2810.2, 2814.2, 4000,
14602, 22651, and 40206.5 of, and to repeal Sections 22651.7, 22651.8,
and 22851.1 of, the Vehicle Code relating to vehicles.
legislative counsel’s digest
AB 516, as amended, Chiu. Authority to remove vehicles.
Existing law authorizes a peace officer, as defined, or a regularly
employed and salaried employee, who is engaged in directing traffic
or enforcing parking laws and regulations, of a city, county, or
jurisdiction of a state agency where a vehicle is located, to remove a
vehicle located within the territorial limits where the officer or employee
may act, under designated circumstances. circumstances, including, but
not limited to, when a vehicle is found upon a highway or public land
or removed pursuant to the Vehicle Code, and has been issued 5 or
more notices of parking violations to which the owner or person in
control of the vehicle has not responded within a designated time period.
Under existing law, a vehicle that has been removed and impounded
under those circumstances that is not released may be subject to a lien
sale to compensate for the costs of towage and for caring for and
keeping safe the vehicle.
Existing law authorizes a peace officer and specified public
employees, as an alternative to removal of a vehicle, to immobilize the
Revised 5-1-19—See last page.98 118
vehicle with a device designed and manufactured for that purpose, if,
among other circumstances, the vehicle is found upon a highway or
public lands by the peace officer or employee and it is known to have
been issued 5 or more notices of parking violations that are delinquent
because the owner or person in control of the vehicle has not responded
to the appropriate agency within a designated time period.
This bill would make technical, nonsubstantive changes to these
provisions. delete the authority of a peace officer or public employee,
as appropriate, to remove or immobilize a vehicle under those
circumstances. The bill would also delete the authority to remove a
vehicle parked or left standing for 72 or more consecutive hours in
violation of a local ordinance, or a vehicle with a registration expiration
date in excess of 6 months found or operated on the highway or on
public lands or in an offstreet parking facility. The bill would repeal
the related authority to conduct a lien sale to cover towing and storage
expenses. The bill would make various conforming and technical
changes.
Vote: majority. Appropriation: no. Fiscal committee: no yes.
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 all of the
line 2 following:
line 3 (a) It is a fundamental and constitutional principle that a state
line 4 cannot take and sell the private property of its residents except
line 5 under limited circumstances, nor can it punish people because
line 6 they cannot afford to pay its fines and fees.
line 7 (b) It is not sound public policy to tow privately owned vehicles
line 8 that are safely parked, not causing traffic inconvenience, and not
line 9 involved in a crime. To retrieve a vehicle from a tow yard can cost
line 10 thousands of dollars. For people who cannot afford to pay the
line 11 often-astronomical fines and fees, their cars are sold and they lose
line 12 them permanently. Over 500,000 vehicles are sold at lien sales
line 13 each year in California.
line 14 (c) Approximately 78 percent of Californians have to drive for
line 15 work or to get to work. Studies have shown that the ability to drive
line 16 significantly impacts employment rates, and that over the past 50
line 17 years, American households without cars consistently lost income.
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line 1 For many Californians, their vehicle is their only shelter, their
line 2 only way to get needed medical care, or their most valuable asset.
line 3 (d) Towing for debt collection purposes is not cost effective. It
line 4 costs money for a local government to find the car, order the tow,
line 5 and pay a private tow company to transport it. Vehicles towed for
line 6 debt collection are more likely to be sold instead of reclaimed,
line 7 which means the tow company has to use its limited lot space to
line 8 store them for at least 30 days, and pay for an auction. Since
line 9 vehicles towed because their owners could not afford to pay fees
line 10 tend to be low in value, these lien sales usually fail to cover the
line 11 cost of the tow and storage, let alone the cost of enforcement.
line 12 (e) There is no public safety purpose when a local government
line 13 uses towing as a costly and draconian method to collect small
line 14 amounts of debt, and this sanction has a disproportionate impact
line 15 on lower income families and people of color.
line 16 SEC. 2. Section 2810.2 of the Vehicle Code is amended to read:
line 17 2810.2. (a) (1) A peace officer, as described in Chapter 4.5
line 18 (commencing with Section 830) of Title 3 of Part 2 of the Penal
line 19 Code, may stop a vehicle transporting agricultural irrigation
line 20 supplies that are in plain view to inspect the bills of lading,
line 21 shipping, or delivery papers, or other evidence to determine
line 22 whether the driver is in legal possession of the load, if the vehicle
line 23 is on a rock road or unpaved road that is located in a county that
line 24 has elected to implement this section and the road is located as
line 25 follows:
line 26 (A) Located under the management of the Department of Parks
line 27 and Recreation, the Department of Fish and Wildlife, the
line 28 Department of Forestry and Fire Protection, the State Lands
line 29 Commission, a regional park district, the United States Forest
line 30 Service, or the federal Bureau of Land Management.
line 31 (B) Located within the respective ownership of a timberland
line 32 production zone, as defined in Chapter 6.7 (commencing with
line 33 Section 51100) of Part 1 of Division 1 of Title 5 of the Government
line 34 Code, either that is larger than 50,000 acres or for which the owner
line 35 of more than 2,500 acres has given express written permission for
line 36 a vehicle to be stopped within that zone pursuant to this section.
line 37 (2) Upon reasonable belief that the driver of the vehicle is not
line 38 in legal possession, the law enforcement officer specified in
line 39 paragraph (1) shall take custody of the vehicle and load and turn
line 40 them over to the custody of the sheriff of the county that has elected
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line 1 to implement this section where the agricultural irrigation supplies
line 2 are apprehended.
line 3 (b) The sheriff shall receive and provide for the care and
line 4 safekeeping of the apprehended agricultural irrigation supplies
line 5 that were in plain view within the boundaries of public lands under
line 6 the management of the entities listed in subparagraph (A) of
line 7 paragraph (1) of subdivision (a) or on a timberland production
line 8 zone as specified in subparagraph (B) of paragraph (1) of
line 9 subdivision (a), and immediately, in cooperation with the
line 10 department, proceed with an investigation and its legal disposition.
line 11 (c) An expense incurred by the sheriff in the performance of
line 12 his or her the sheriff’s duties under this section shall be a legal
line 13 charge against the county.
line 14 (d) Except as provided in subdivision (e), a peace officer shall
line 15 not cause the impoundment of a vehicle at a traffic stop made
line 16 pursuant to subdivision (a) if the driver’s only offense is a violation
line 17 of Section 12500.
line 18 (e) During the conduct of pulling a driver over in accordance
line 19 with subdivision (a), if the peace officer encounters a driver who
line 20 is in violation of Section 12500, the peace officer shall make a
line 21 reasonable attempt to identify the registered owner of the vehicle.
line 22 If the registered owner is present, or the peace officer is able to
line 23 identify the registered owner and obtain the registered owner’s
line 24 authorization to release the motor vehicle to a licensed driver
line 25 during the vehicle stop, the vehicle shall be released to either the
line 26 registered owner of the vehicle if he or she that person is a licensed
line 27 driver or to the licensed driver authorized by the registered owner
line 28 of the vehicle. If a notice to appear is issued, the name and the
line 29 driver’s license number of the licensed driver to whom the vehicle
line 30 was released pursuant to this subdivision shall be listed on the
line 31 officer’s copy of the notice to appear issued to the unlicensed
line 32 driver. If a vehicle cannot be released, the vehicle shall be removed
line 33 pursuant to subdivision (p) (n) of Section 22651, whether a notice
line 34 to appear has been issued or not.
line 35 (f) For purposes of this section, “agricultural irrigation supplies”
line 36 include agricultural irrigation water bladder and one-half inch
line 37 diameter or greater irrigation line.
line 38 (g) This section shall be implemented only in a county where
line 39 the board of supervisors adopts a resolution authorizing the
line 40 enforcement of this section.
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line 1 SEC. 3. Section 2814.2 of the Vehicle Code is amended to read:
line 2 2814.2. (a) A driver of a motor vehicle shall stop and submit
line 3 to a sobriety checkpoint inspection conducted by a law enforcement
line 4 agency when signs and displays are posted requiring that stop.
line 5 (b) Notwithstanding Section 14602.6 or 14607.6, a peace officer
line 6 or any other authorized person shall not cause the impoundment
line 7 of a vehicle at a sobriety checkpoint if the driver’s only offense is
line 8 a violation of Section 12500.
line 9 (c) During the conduct of a sobriety checkpoint, if the law
line 10 enforcement officer encounters a driver who is in violation of
line 11 Section 12500, the law enforcement officer shall make a reasonable
line 12 attempt to identify the registered owner of the vehicle. If the
line 13 registered owner is present, or the officer is able to identify the
line 14 registered owner and obtain the registered owner’s authorization
line 15 to release the motor vehicle to a licensed driver by the end of the
line 16 checkpoint, the vehicle shall be released to either the registered
line 17 owner of the vehicle if he or she that person is a licensed driver
line 18 or to the licensed driver authorized by the registered owner of the
line 19 vehicle. If a notice to appear is issued, the name and driver’s license
line 20 number of the licensed driver to whom the vehicle was released
line 21 pursuant to this subdivision shall be listed on the officer’s copy of
line 22 the notice to appear issued to the unlicensed driver. When a vehicle
line 23 cannot be released, the vehicle shall be removed pursuant to
line 24 subdivision (p) (n) of Section 22651, whether a notice to appear
line 25 has been issued or not.
line 26 SEC. 4. Section 4000 of the Vehicle Code is amended to read:
line 27 4000. (a) (1) A person shall not drive, move, or leave standing
line 28 upon a highway, or in an offstreet public parking facility, any a
line 29 motor vehicle, trailer, semitrailer, pole or pipe dolly, or logging
line 30 dolly, unless it is registered and the appropriate fees have been
line 31 paid under this code or registered under the permanent trailer
line 32 identification program, except that an off-highway motor vehicle
line 33 which that displays an identification plate or device issued by the
line 34 department pursuant to Section 38010 may be driven, moved, or
line 35 left standing in an offstreet public parking facility without being
line 36 registered or paying registration fees.
line 37 (2) For purposes of this subdivision, “offstreet public parking
line 38 facility” means either of the following:
line 39 (A) Any publicly owned parking facility.
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line 1 (B) Any privately owned parking facility for which no fee for
line 2 the privilege to park is charged and which that is held open for the
line 3 common public use of retail customers.
line 4 (3) This subdivision does not apply to any a motor vehicle stored
line 5 in a privately owned offstreet parking facility by, or with the
line 6 express permission of, the owner of the privately owned offstreet
line 7 parking facility.
line 8 (4) Beginning July 1, 2011, the enforcement of paragraph (1)
line 9 shall commence on the first day of the second month following
line 10 the month of expiration of the vehicle’s registration. This paragraph
line 11 shall become inoperative on January 1, 2012.
line 12 (b) No person shall A person shall not drive, move, or leave
line 13 standing upon a highway any a motor vehicle, as defined in Chapter
line 14 2 (commencing with Section 39010) of Part 1 of Division 26 of
line 15 the Health and Safety Code, that has been registered in violation
line 16 of Part 5 (commencing with Section 43000) of Division 26 of the
line 17 Health and Safety Code.
line 18 (c) Subdivisions (a) and (b) do not apply to off-highway motor
line 19 vehicles operated pursuant to Sections 38025 and 38026.5.
line 20 (d) This section does not apply, following payment of fees due
line 21 for registration, during the time that registration and transfer is
line 22 being withheld by the department pending the investigation of any
line 23 use tax due under the Revenue and Taxation Code.
line 24 (e) Subdivision (a) does not apply to a vehicle that is towed by
line 25 a tow truck on the order of a sheriff, marshal, or other official
line 26 acting pursuant to a court order or on the order of a peace officer
line 27 acting pursuant to this code.
line 28 (f) Subdivision (a) applies to a vehicle that is towed from a
line 29 highway or offstreet parking facility under the direction of a
line 30 highway service organization when that organization is providing
line 31 emergency roadside assistance to that vehicle. However, the
line 32 operator of a tow truck providing that assistance to that vehicle is
line 33 not responsible for the violation of subdivision (a) with respect to
line 34 that vehicle. The owner of an unregistered vehicle that is disabled
line 35 and located on private property, shall obtain a permit from the
line 36 department pursuant to Section 4003 prior to having the vehicle
line 37 towed on the highway.
line 38 (g) (1) Pursuant to Section 4022 and to subparagraph (B) of
line 39 paragraph (3) of subdivision (o) (m) of Section 22651, a vehicle
line 40 obtained by a licensed repossessor as a release of collateral is
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line 1 exempt from registration pursuant to this section for purposes of
line 2 the repossessor removing the vehicle to his or her the repossessor’s
line 3 storage facility or the facility of the legal owner. A law enforcement
line 4 agency, impounding authority, tow yard, storage facility, or any
line 5 other person in possession of the collateral shall release the vehicle
line 6 without requiring current registration and pursuant to subdivision
line 7 (f) of Section 14602.6.
line 8 (2) The legal owner of collateral shall, by operation of law and
line 9 without requiring further action, indemnify and hold harmless a
line 10 law enforcement agency, city, county, city and county, the state,
line 11 a tow yard, storage facility, or an impounding yard from a claim
line 12 arising out of the release of the collateral to a licensee, and from
line 13 any damage to the collateral after its release, including reasonable
line 14 attorney’s fees and costs associated with defending a claim, if the
line 15 collateral was released in compliance with this subdivision.
line 16 (h) For purposes of this section, possession of a California
line 17 driver’s license by the registered owner of a vehicle shall give rise
line 18 to a rebuttable presumption that the owner is a resident of
line 19 California.
line 20 SEC. 5. Section 14602 of the Vehicle Code is amended to read:
line 21 14602. In accordance with subdivision (p) (n) of Section 22651,
line 22 a vehicle removed pursuant to subdivision (c) of Section 2814.2
line 23 shall be released to the registered owner or his or her that person’s
line 24 agent at any time the facility to which the vehicle has been removed
line 25 is open upon presentation of the registered owner’s or his or her
line 26 agent’s currently valid driver’s license to operate the vehicle and
line 27 proof of current vehicle registration.
line 28 SECTION 1.
line 29 SEC. 6. Section 22651 of the Vehicle Code is amended to read:
line 30 22651. A peace officer, as defined in Chapter 4.5 (commencing
line 31 with Section 830) of Title 3 of Part 2 of the Penal Code, or a
line 32 regularly employed and salaried employee, who is engaged in
line 33 directing traffic or enforcing parking laws and regulations, of a
line 34 city, county, or jurisdiction of a state agency where a vehicle is
line 35 located, may remove a vehicle located within the territorial limits
line 36 where the officer or employee may act, under the following
line 37 circumstances:
line 38 (a) If a vehicle is left unattended upon a bridge, viaduct, or
line 39 causeway, or in a tube or tunnel where the vehicle constitutes an
line 40 obstruction to traffic.
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line 1 (b) If a vehicle is parked or left standing upon a highway in a
line 2 position so as to obstruct the normal movement of traffic or in a
line 3 condition so as to create a hazard to other traffic upon the highway.
line 4 (c) If a vehicle is found upon a highway or public land and a
line 5 report has previously been made that the vehicle is stolen or a
line 6 complaint has been filed and a warrant thereon is issued charging
line 7 that the vehicle was embezzled.
line 8 (d) If a vehicle is illegally parked so as to block the entrance to
line 9 a private driveway and it is impractical to move the vehicle from
line 10 in front of the driveway to another point on the highway.
line 11 (e) If a vehicle is illegally parked so as to prevent access by
line 12 firefighting equipment to a fire hydrant and it is impracticable to
line 13 move the vehicle from in front of the fire hydrant to another point
line 14 on the highway.
line 15 (f) If a vehicle, except highway maintenance or construction
line 16 equipment, is stopped, parked, or left standing for more than four
line 17 hours upon the right-of-way of a freeway that has full control of
line 18 access and no crossings at grade and the driver, if present, cannot
line 19 move the vehicle under its own power.
line 20 (g) If the person in charge of a vehicle upon a highway or public
line 21 land is, by reason of physical injuries or illness, incapacitated to
line 22 an extent so as to be unable to provide for its custody or removal.
line 23 (h) (1) If an officer arrests a person driving or in control of a
line 24 vehicle for an alleged offense and the officer is, by this code or
line 25 other law, required or permitted to take, and does take, the person
line 26 into custody.
line 27 (2) If an officer serves a notice of an order of suspension or
line 28 revocation pursuant to Section 13388 or 13389.
line 29 (i) (1) If a vehicle, other than a rented vehicle, is found upon
line 30 a highway or public land, or is removed pursuant to this code, and
line 31 it is known that the vehicle has been issued five or more notices
line 32 of parking violations to which the owner or person in control of
line 33 the vehicle has not responded within 21 calendar days of notice
line 34 of citation issuance or citation issuance or 14 calendar days of the
line 35 mailing of a notice of delinquent parking violation to the agency
line 36 responsible for processing notices of parking violations, or the
line 37 registered owner of the vehicle is known to have been issued five
line 38 or more notices for failure to pay or failure to appear in court for
line 39 traffic violations for which a certificate has not been issued by the
line 40 magistrate or clerk of the court hearing the case showing that the
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line 1 case has been adjudicated or concerning which the registered
line 2 owner’s record has not been cleared pursuant to Chapter 6
line 3 (commencing with Section 41500) of Division 17, the vehicle may
line 4 be impounded until that person furnishes to the impounding law
line 5 enforcement agency all of the following:
line 6 (A) Evidence of the person’s identity.
line 7 (B) An address within this state where the person can be located.
line 8 (C) Satisfactory evidence that all parking penalties due for the
line 9 vehicle and all other vehicles registered to the registered owner of
line 10 the impounded vehicle, and all traffic violations of the registered
line 11 owner, have been cleared.
line 12 (2) The requirements in subparagraph (C) of paragraph (1) shall
line 13 be fully enforced by the impounding law enforcement agency on
line 14 and after the time that the Department of Motor Vehicles is able
line 15 to provide access to the necessary records.
line 16 (3) A notice of parking violation issued for an unlawfully parked
line 17 vehicle shall be accompanied by a warning that repeated violations
line 18 may result in the impounding of the vehicle. In lieu of furnishing
line 19 satisfactory evidence that the full amount of parking penalties or
line 20 bail has been deposited, that person may demand to be taken
line 21 without unnecessary delay before a magistrate, for traffic offenses,
line 22 or a hearing examiner, for parking offenses, within the county
line 23 where the offenses charged are alleged to have been committed
line 24 and who has jurisdiction of the offenses and is nearest or most
line 25 accessible with reference to the place where the vehicle is
line 26 impounded. Evidence of current registration shall be produced
line 27 after a vehicle has been impounded, or, at the discretion of the
line 28 impounding law enforcement agency, a notice to appear for
line 29 violation of subdivision (a) of Section 4000 shall be issued to that
line 30 person.
line 31 (4) A vehicle shall be released to the legal owner, as defined in
line 32 Section 370, if the legal owner does all of the following:
line 33 (A) Pays the cost of towing and storing the vehicle.
line 34 (B) Submits evidence of payment of fees as provided in Section
line 35 9561.
line 36 (C) Completes an affidavit in a form acceptable to the
line 37 impounding law enforcement agency stating that the vehicle was
line 38 not in possession of the legal owner at the time of occurrence of
line 39 the offenses relating to standing or parking. A vehicle released to
line 40 a legal owner under this subdivision is a repossessed vehicle for
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line 1 purposes of disposition or sale. The impounding agency shall have
line 2 a lien on any surplus that remains upon sale of the vehicle to which
line 3 the registered owner is or may be entitled, as security for the full
line 4 amount of the parking penalties for all notices of parking violations
line 5 issued for the vehicle and for all local administrative charges
line 6 imposed pursuant to Section 22850.5. The legal owner shall
line 7 promptly remit to, and deposit with, the agency responsible for
line 8 processing notices of parking violations from that surplus, on
line 9 receipt of that surplus, the full amount of the parking penalties for
line 10 all notices of parking violations issued for the vehicle and for all
line 11 local administrative charges imposed pursuant to Section 22850.5.
line 12 (5) The impounding agency that has a lien on the surplus that
line 13 remains upon the sale of a vehicle to which a registered owner is
line 14 entitled pursuant to paragraph (4) has a deficiency claim against
line 15 the registered owner for the full amount of the parking penalties
line 16 for all notices of parking violations issued for the vehicle and for
line 17 all local administrative charges imposed pursuant to Section
line 18 22850.5, less the amount received from the sale of the vehicle.
line 19 (j)
line 20 (i) If a vehicle is found illegally parked and there are no license
line 21 plates or other evidence of registration displayed, the vehicle may
line 22 be impounded until the owner or person in control of the vehicle
line 23 furnishes the impounding law enforcement agency evidence of
line 24 identity and an address within this state where that individual can
line 25 be located.
line 26 (k) If a vehicle is parked or left standing upon a highway for 72
line 27 or more consecutive hours in violation of a local ordinance
line 28 authorizing removal.
line 29 (l)
line 30 (j) If a vehicle is illegally parked on a highway in violation of
line 31 a local ordinance forbidding standing or parking and the use of a
line 32 highway, or a portion thereof, is necessary for the cleaning, repair,
line 33 or construction of the highway, or for the installation of
line 34 underground utilities, and signs giving notice that the vehicle may
line 35 be removed are erected or placed at least 24 hours prior to the
line 36 removal by a local authority pursuant to the ordinance.
line 37 (m)
line 38 (k) If the use of the highway, or a portion of the highway, is
line 39 authorized by a local authority for a purpose other than the normal
line 40 flow of traffic or for the movement of equipment, articles, or
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line 1 structures of unusual size, and the parking of a vehicle would
line 2 prohibit or interfere with that use or movement, and signs giving
line 3 notice that the vehicle may be removed are erected or placed at
line 4 least 24 hours prior to the removal by a local authority pursuant
line 5 to the ordinance.
line 6 (n)
line 7 (l) Whenever a vehicle is parked or left standing where local
line 8 authorities, by resolution or ordinance, have prohibited parking
line 9 and have authorized the removal of vehicles. Except as provided
line 10 in subdivisions (v) and (w), (t) and (u), a vehicle shall not be
line 11 removed unless signs are posted giving notice of the removal.
line 12 (o)
line 13 (m) (1) If a vehicle is found or operated upon a highway, public
line 14 land, or an offstreet parking facility under any of the following
line 15 circumstances:
line 16 (A) With a registration expiration date in excess of six months
line 17 before the date it is found or operated on the highway, public lands,
line 18 or the offstreet parking facility.
line 19 (B)
line 20 (A) Displaying in, or upon, the vehicle, a registration card,
line 21 identification card, temporary receipt, license plate, special plate,
line 22 registration sticker, device issued pursuant to Section 4853, or
line 23 permit that was not issued for that vehicle, or is not otherwise
line 24 lawfully used on that vehicle under this code.
line 25 (C)
line 26 (B) Displaying in, or upon, the vehicle, an altered, forged,
line 27 counterfeit, or falsified registration card, identification card,
line 28 temporary receipt, license plate, special plate, registration sticker,
line 29 device issued pursuant to Section 4853, or permit.
line 30 (D)
line 31 (C) (i) The vehicle is operating using autonomous technology,
line 32 without the registered owner or manufacturer of the vehicle having
line 33 first applied for, and obtained, a valid permit that is required to
line 34 operate the vehicle on public roads pursuant to Section 38750, and
line 35 Article 3.7 (commencing with Section 227.00) and Article 3.8
line 36 (commencing with Section 228.00) of Title 13 of the California
line 37 Code of Regulations.
line 38 (ii) The vehicle is operating using autonomous technology after
line 39 the registered owner or person in control of the vehicle received
line 40 notice that the vehicle’s permit required for the operation of the
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line 1 vehicle pursuant to Section 38750, and Article 3.7 (commencing
line 2 with Section 227.00) and Article 3.8 (commencing with Section
line 3 228.00) of Title 13 of the California Code of Regulations is
line 4 suspended, terminated, or revoked.
line 5 (iii) For purposes of this subdivision, the terms “autonomous
line 6 technology” and “autonomous vehicle” have the same meanings
line 7 as in Section 38750.
line 8 (iv) This subparagraph does not provide the authority for a peace
line 9 officer to stop an autonomous vehicle solely for the purpose of
line 10 determining whether the vehicle is operating using autonomous
line 11 technology without a valid permit required to operate the
line 12 autonomous vehicle on public roads pursuant to Section 38750,
line 13 and Article 3.7 (commencing with Section 227.00) and Article 3.8
line 14 (commencing with Section 228.00) of Title 13 of the California
line 15 Code of Regulations.
line 16 (2) If a vehicle described in paragraph (1) is occupied, only a
line 17 peace officer, as defined in Chapter 4.5 (commencing with Section
line 18 830) of Title 3 of Part 2 of the Penal Code, may remove the vehicle.
line 19 (3) For the purposes of this subdivision, the vehicle shall be
line 20 released under any of the following circumstances:
line 21 (A) If the vehicle has been removed pursuant to subparagraph
line 22 (A), (B), or (C) (A) or (B) of paragraph (1), to the registered owner
line 23 of, or person in control of, the vehicle only after the owner or
line 24 person furnishes the storing law enforcement agency with proof
line 25 of current registration and a valid driver’s license to operate the
line 26 vehicle.
line 27 (B) If the vehicle has been removed pursuant to subparagraph
line 28 (D) (C) of paragraph (1), to the registered owner of, or person in
line 29 control of, the autonomous vehicle, after the registered owner or
line 30 person furnishes the storing law enforcement agency with proof
line 31 of current registration and a valid driver’s license, if required to
line 32 operate the autonomous vehicle, and either of the following:
line 33 (i) Proof of a valid permit required to operate the autonomous
line 34 vehicle using autonomous technology on public roads pursuant to
line 35 Section 38750, and Article 3.7 (commencing with Section 227.00)
line 36 and Article 3.8 (commencing with Section 228.00) of Title 13 of
line 37 the California Code of Regulations.
line 38 (ii) A declaration or sworn statement to the Department of Motor
line 39 Vehicles that states that the autonomous vehicle will not be
line 40 operated using autonomous technology upon public roads without
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line 1 first obtaining a valid permit to operate the vehicle pursuant to
line 2 Section 38750, and Article 3.7 (commencing with Section 227.00)
line 3 and Article 3.8 (commencing with Section 228.00) of Title 13 of
line 4 the California Code of Regulations.
line 5 (C) To the legal owner or the legal owner’s agency, without
line 6 payment of any fees, fines, or penalties for parking tickets or
line 7 registration and without proof of current registration, if the vehicle
line 8 will only be transported pursuant to the exemption specified in
line 9 Section 4022 and if the legal owner does all of the following:
line 10 (i) Pays the cost of towing and storing the vehicle.
line 11 (ii) Completes an affidavit in a form acceptable to the
line 12 impounding law enforcement agency stating that the vehicle was
line 13 not in possession of the legal owner at the time of occurrence of
line 14 an offense relating to standing or parking. A vehicle released to a
line 15 legal owner under this subdivision is a repossessed vehicle for
line 16 purposes of disposition or sale. The impounding agency has a lien
line 17 on any surplus that remains upon sale of the vehicle to which the
line 18 registered owner is or may be entitled, as security for the full
line 19 amount of parking penalties for any notices of parking violations
line 20 issued for the vehicle and for all local administrative charges
line 21 imposed pursuant to Section 22850.5. Upon receipt of any surplus,
line 22 the legal owner shall promptly remit to, and deposit with, the
line 23 agency responsible for processing notices of parking violations
line 24 from that surplus, the full amount of the parking penalties for all
line 25 notices of parking violations issued for the vehicle and for all local
line 26 administrative charges imposed pursuant to Section 22850.5.
line 27 (4) The impounding agency that has a lien on the surplus that
line 28 remains upon the sale of a vehicle to which a registered owner is
line 29 entitled has a deficiency claim against the registered owner for the
line 30 full amount of parking penalties for any notices of parking
line 31 violations issued for the vehicle and for all local administrative
line 32 charges imposed pursuant to Section 22850.5, less the amount
line 33 received from the sale of the vehicle.
line 34 (5) As used in this subdivision, “offstreet parking facility” means
line 35 an offstreet facility held open for use by the public for parking
line 36 vehicles and includes a publicly owned facility for offstreet
line 37 parking, and a privately owned facility for offstreet parking if a
line 38 fee is not charged for the privilege to park and it is held open for
line 39 the common public use of retail customers.
line 40 (p)
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AB 516 — 13 — 130
line 1 (n) If the peace officer issues the driver of a vehicle a notice to
line 2 appear for a violation of Section 12500, 14601, 14601.1, 14601.2,
line 3 14601.3, 14601.4, 14601.5, or 14604, and the vehicle is not
line 4 impounded pursuant to Section 22655.5. A vehicle so removed
line 5 from the highway or public land, or from private property after
line 6 having been on a highway or public land, shall not be released to
line 7 the registered owner or the owner’s agent, except upon presentation
line 8 of the registered owner’s or agent’s currently valid driver’s license
line 9 to operate the vehicle and proof of current vehicle registration, to
line 10 the impounding law enforcement agency, or upon order of a court.
line 11 (q)
line 12 (o) If a vehicle is parked for more than 24 hours on a portion
line 13 of highway that is located within the boundaries of a common
line 14 interest development, as defined in Section 4100 or 6534 of the
line 15 Civil Code, and signs, as required by paragraph (1) of subdivision
line 16 (a) of Section 22658 of this code, have been posted on that portion
line 17 of highway providing notice to drivers that vehicles parked thereon
line 18 for more than 24 hours will be removed at the owner’s expense,
line 19 pursuant to a resolution or ordinance adopted by the local authority.
line 20 (r)
line 21 (p) If a vehicle is illegally parked and blocks the movement of
line 22 a legally parked vehicle.
line 23 (s)
line 24 (q) (1) If a vehicle, except highway maintenance or construction
line 25 equipment, an authorized emergency vehicle, or a vehicle that is
line 26 properly permitted or otherwise authorized by the Department of
line 27 Transportation, is stopped, parked, or left standing for more than
line 28 eight hours within a roadside rest area or viewpoint.
line 29 (2) Notwithstanding paragraph (1), if a commercial motor
line 30 vehicle, as defined in paragraph (1) of subdivision (b) of Section
line 31 15210, is stopped, parked, or left standing for more than 10 hours
line 32 within a roadside rest area or viewpoint.
line 33 (3) For purposes of this subdivision, a roadside rest area or
line 34 viewpoint is a publicly maintained vehicle parking area, adjacent
line 35 to a highway, utilized for the convenient, safe stopping of a vehicle
line 36 to enable motorists to rest or to view the scenery. If two or more
line 37 roadside rest areas are located on opposite sides of the highway,
line 38 or upon the center divider, within seven miles of each other, then
line 39 that combination of rest areas is considered to be the same rest
line 40 area.
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line 1 (t)
line 2 (r) If a peace officer issues a notice to appear for a violation of
line 3 Section 25279.
line 4 (u)
line 5 (s) If a peace officer issues a citation for a violation of Section
line 6 11700, and the vehicle is being offered for sale.
line 7 (v)
line 8 (t) (1) If a vehicle is a mobile billboard advertising display, as
line 9 defined in Section 395.5, and is parked or left standing in violation
line 10 of a local resolution or ordinance adopted pursuant to subdivision
line 11 (m) of Section 21100, if the registered owner of the vehicle was
line 12 previously issued a warning citation for the same offense, pursuant
line 13 to paragraph (2).
line 14 (2) Notwithstanding subdivision (a) of Section 22507, a city or
line 15 county, in lieu of posting signs noticing a local ordinance
line 16 prohibiting mobile billboard advertising displays adopted pursuant
line 17 to subdivision (m) of Section 21100, may provide notice by issuing
line 18 a warning citation advising the registered owner of the vehicle that
line 19 the owner may be subject to penalties upon a subsequent violation
line 20 of the ordinance, that may include the removal of the vehicle as
line 21 provided in paragraph (1). A city or county is not required to
line 22 provide further notice for a subsequent violation prior to the
line 23 enforcement of penalties for a violation of the ordinance.
line 24 (w)
line 25 (u) (1) If a vehicle is parked or left standing in violation of a
line 26 local ordinance or resolution adopted pursuant to subdivision (p)
line 27 of Section 21100, if the registered owner of the vehicle was
line 28 previously issued a warning citation for the same offense, pursuant
line 29 to paragraph (2).
line 30 (2) Notwithstanding subdivision (a) of Section 22507, a city or
line 31 county, in lieu of posting signs noticing a local ordinance regulating
line 32 advertising signs adopted pursuant to subdivision (p) of Section
line 33 21100, may provide notice by issuing a warning citation advising
line 34 the registered owner of the vehicle that the owner may be subject
line 35 to penalties upon a subsequent violation of the ordinance that may
line 36 include the removal of the vehicle as provided in paragraph (1).
line 37 A city or county is not required to provide further notice for a
line 38 subsequent violation prior to the enforcement of penalties for a
line 39 violation of the ordinance.
line 40 SEC. 7. Section 22651.7 of the Vehicle Code is repealed.
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AB 516 — 15 — 132
line 1 22651.7. (a) In addition to, or as an alternative to, removal, a
line 2 peace officer, as defined in Chapter 4.5 (commencing with Section
line 3 830) of Title 3 of Part 2 of the Penal Code, or a regularly employed
line 4 and salaried employee who is engaged in directing traffic or
line 5 enforcing parking laws and regulations, of a jurisdiction in which
line 6 a vehicle is located may immobilize the vehicle with a device
line 7 designed and manufactured for the immobilization of vehicles, on
line 8 a highway or any public lands located within the territorial limits
line 9 in which the officer or employee may act if the vehicle is found
line 10 upon a highway or public lands and it is known to have been issued
line 11 five or more notices of parking violations that are delinquent
line 12 because the owner or person in control of the vehicle has not
line 13 responded to the agency responsible for processing notices of
line 14 parking violation within 21 calendar days of notice of citation
line 15 issuance or citation issuance or 14 calendar days of the mailing of
line 16 a notice of delinquent parking violation, or the registered owner
line 17 of the vehicle is known to have been issued five or more notices
line 18 for failure to pay or failure to appear in court for traffic violations
line 19 for which no certificate has been issued by the magistrate or clerk
line 20 of the court hearing the case showing that the case has been
line 21 adjudicated or concerning which the registered owner’s record has
line 22 not been cleared pursuant to Chapter 6 (commencing with Section
line 23 41500) of Division 17. The vehicle may be immobilized until that
line 24 person furnishes to the immobilizing law enforcement agency all
line 25 of the following:
line 26 (1) Evidence of his or her identity.
line 27 (2) An address within this state at which he or she can be
line 28 located.
line 29 (3) Satisfactory evidence that the full amount of parking
line 30 penalties has been deposited for all notices of parking violation
line 31 issued for the vehicle and any other vehicle registered to the
line 32 registered owner of the immobilized vehicle and that bail has been
line 33 deposited for all traffic violations of the registered owner that have
line 34 not been cleared. The requirements in this paragraph shall be fully
line 35 enforced by the immobilizing law enforcement agency on and after
line 36 the time that the Department of Motor Vehicles is able to provide
line 37 access to the necessary records. A notice of parking violation issued
line 38 to the vehicle shall be accompanied by a warning that repeated
line 39 violations may result in the impounding or immobilization of the
line 40 vehicle. In lieu of furnishing satisfactory evidence that the full
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line 1 amount of parking penalties or bail, or both, have been deposited
line 2 that person may demand to be taken without unnecessary delay
line 3 before a magistrate, for traffic offenses, or a hearing examiner, for
line 4 parking offenses, within the county in which the offenses charged
line 5 are alleged to have been committed and who has jurisdiction of
line 6 the offenses and is nearest or most accessible with reference to the
line 7 place where the vehicle is immobilized. Evidence of current
line 8 registration shall be produced after a vehicle has been immobilized
line 9 or, at the discretion of the immobilizing law enforcement agency,
line 10 a notice to appear for violation of subdivision (a) of Section 4000
line 11 shall be issued to that person.
line 12 (b) A person, other than a person authorized under subdivision
line 13 (a), shall not immobilize a vehicle.
line 14 SEC. 8. Section 22651.8 of the Vehicle Code is repealed.
line 15 22651.8. For purposes of paragraph (1) of subdivision (i) of
line 16 Section 22651 and Section 22651.7, “satisfactory evidence”
line 17 includes, but is not limited to, a copy of a receipt issued by the
line 18 department pursuant to subdivision (a) of Section 4760 for the
line 19 payment of notices of parking violations appearing on the
line 20 department’s records at the time of payment. The processing
line 21 agency shall, within 72 hours of receiving that satisfactory
line 22 evidence, update its records to reflect the payments made to the
line 23 department. If the processing agency does not receive the amount
line 24 of the parking penalties and administrative fees from the
line 25 department within four months of the date of issuance of that
line 26 satisfactory evidence, the processing agency may revise its records
line 27 to reflect that no payments were received for the notices of parking
line 28 violation.
line 29 SEC. 9. Section 22851.1 of the Vehicle Code is repealed.
line 30 22851.1. (a) If the vehicle is impounded pursuant to
line 31 subdivision (i) of Section 22651 and not released as provided in
line 32 that subdivision, the vehicle may be sold pursuant to this chapter
line 33 to satisfy the liens specified in Section 22851 and in subdivision
line 34 (b) of this section.
line 35 (b) A local authority impounding a vehicle pursuant to
line 36 subdivision (i) of Section 22651 shall have a lien dependent upon
line 37 possession by the keeper of the garage for satisfaction of bail for
line 38 all outstanding notices of parking violation issued by the local
line 39 authority for the vehicle, when the conditions specified in
line 40 subdivision (c) have been met. This lien shall be subordinate in
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AB 516 — 17 — 134
line 1 priority to the lien established by Section 22851, and the proceeds
line 2 of any sale shall be applied accordingly. Consistent with this order
line 3 of priority, the term “lien,” as used in this article and in Chapter
line 4 6.5 (commencing with Section 3067) of Title 14 of Part 4 of
line 5 Division 3 of the Civil Code, includes a lien imposed by this
line 6 subdivision. In any action brought to perfect the lien, where
line 7 required by subdivision (d) of Section 22851.8 of this code, or by
line 8 subdivision (d) of Section 3071 or subdivision (d) of Section 3072
line 9 of the Civil Code, it shall be a defense to the recovery of bail that
line 10 the owner of the vehicle at the time of impoundment was not the
line 11 owner of the vehicle at the time of the parking offense.
line 12 (c) A lien shall exist for bail with respect to parking violations
line 13 for which no person has answered the charge in the notice of
line 14 parking violation given, or filed an affidavit of nonownership
line 15 pursuant to and within the time specified in subdivision (b) of
line 16 Section 41103.
line 17 SEC. 10. Section 40206.5 of the Vehicle Code is amended to
line 18 read:
line 19 40206.5. (a) Within 15 days of a request, by mail or in person,
line 20 the processing agency shall mail or otherwise provide to any a
line 21 person who has received a notice of delinquent parking violation,
line 22 or his or her that person’s agent, a photostatic copy of the original
line 23 notice of parking violation or an electronically produced facsimile
line 24 of the original notice of parking violation. The issuing agency may
line 25 charge a fee sufficient to recover the actual cost of providing the
line 26 copy, not to exceed two dollars ($2). Until the issuing agency
line 27 complies with a request for a copy of the original notice of parking
line 28 violation, the processing agency may not proceed pursuant to
line 29 subdivision (i) of Section 22651, Section 22651.7, or Section
line 30 40220.
line 31 (b) If the description of the vehicle on the notice of parking
line 32 violation does not substantially match the corresponding
line 33 information on the registration card for that vehicle and the
line 34 processing agency is satisfied that the vehicle has not been
line 35 incorrectly described due to the intentional switching of license
line 36 plates, the processing agency shall, on written request of the person
line 37 cancel the notice of parking violation without the necessity of an
line 38 appearance by that person.
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line 1 (c) For purposes of this section, a copy of the notice of parking
line 2 violation may be a photostatic copy or an electronically produced
line 3 facsimile.
line 4
line 5
REVISIONS: line 6
Heading—Line 1. line 7
line 8
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AB 516 — 19 — 136
AMENDED IN ASSEMBLY MAY 16, 2019
AMENDED IN ASSEMBLY APRIL 30, 2019
AMENDED IN ASSEMBLY APRIL 4, 2019
california legislature—2019–20 regular session
ASSEMBLY BILL No. 1356
Introduced by Assembly Member Ting
February 22, 2019
An act to amend Section 26200 of, and to add Section 26200.1 to,
the Business and Professions Code, relating to cannabis.
legislative counsel’s digest
AB 1356, as amended, Ting. Cannabis: local jurisdictions: retail
commercial cannabis activity.
The Control, Regulate and Tax Adult Use of Marijuana Act of 2016
(AUMA), an initiative measure approved as Proposition 64 at the
November 8, 2016, statewide general election, authorizes a person who
obtains a state license under AUMA to engage in commercial adult-use
cannabis activity pursuant to that license and applicable local ordinances.
The Medicinal and Adult-Use Cannabis Regulation and Safety Act
(MAUCRSA), among other things, consolidates the licensure and
regulation of commercial medicinal and adult-use cannabis activities,
including retail commercial cannabis activity. MAUCRSA gives the
Bureau of Cannabis Control in the Department of Consumer Affairs
the power, duty, purpose, responsibility, and jurisdiction to regulate
commercial cannabis activity in the state as provided by the act.
MAUCRSA does not supersede or limit the authority of a local
jurisdiction to adopt and enforce local ordinances to regulate commercial
cannabis businesses within that local jurisdiction.
96 137
This bill, if more than 50% of the electorate of a local jurisdiction
voted in favor of AUMA, would require a local jurisdiction to issue a
minimum number of local licenses authorizing specified retail cannabis
commercial activity within that jurisdiction that would be permitted by
a retailer license issued under MAUCRSA. The bill would require the
minimum number of those local licenses required to be issued in that
jurisdiction to be 25%1⁄6 of the number of currently active on-sale
general licenses for alcoholic beverage sales in that jurisdiction, as
specified, unless the minimum number would result in a ratio greater
than one local license for retail cannabis commercial activity for every
10,000 15,000 residents of the local jurisdiction, in which case the bill
would require the minimum number to be determined by dividing the
number of residents in the local jurisdiction by 10,000 15,000 and
rounding down to the nearest whole number. The bill would authorize
a local jurisdiction to impose a fee on licensees to cover the regulatory
costs of issuing those local licenses. The bill would exempt from these
provisions a local jurisdiction that, on or before after January 1, 2017,
and until January 1, 2020, submitted to the electorate of the local
jurisdiction a specified local ordinance or resolution relating to retail
cannabis commercial activity that received a specified vote of the
electorate.
This bill would allow any local jurisdiction subject to the requirements
of this bill that wants to establish a lower amount of these local licenses
to submit an ordinance or other law, that clearly specifies the level of
participation in the retail commercial cannabis market it would allow,
to the electorate of that local jurisdiction at the next regularly scheduled
local election following the operative date of this bill. The bill would
provide that the local ordinance or other local law becomes effective if
approved by more than 50% of its electorate. The bill would require
the local jurisdiction to issue those licenses as otherwise required by
this bill within a specified period of time if a local jurisdiction subject
to the requirements of this bill does not submit a local ordinance or
other local law regarding the lower amount of licenses to the electorate,
or that local ordinance or other local law fails to receive more than 50%
of the approval of the electorate voting on the issue. The bill would
provide that these provisions are prohibited from being construed to
require a local jurisdiction to authorize adult-use retail cannabis
commercial activity. By imposing additional requirements on local
jurisdictions the bill would impose a state-mandated local program.
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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.
AUMA authorizes the Legislature to amend its provisions with a 2⁄3
vote of both houses to further its purposes and intent.
This bill would declare that its provisions further the purposes and
intent of AUMA.
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 26200 of the Business and Professions
line 2 Code is amended to read:
line 3 26200. (a) (1) This division shall not be interpreted to
line 4 supersede or limit the authority of a local jurisdiction to adopt and
line 5 enforce local ordinances to regulate businesses licensed under this
line 6 division, including, but not limited to, local zoning and land use
line 7 requirements, business license requirements, and requirements
line 8 related to reducing exposure to secondhand smoke, or to completely
line 9 prohibit the establishment or operation of one or more types of
line 10 businesses licensed under this division within the local jurisdiction,
line 11 except as provided in Section 26200.1.
line 12 (2) This division shall not be interpreted to supersede or limit
line 13 existing local authority for law enforcement activity, enforcement
line 14 of local zoning requirements or local ordinances, or enforcement
line 15 of local license, permit, or other authorization requirements.
line 16 (b) This division shall not be interpreted to require a licensing
line 17 authority to undertake local law enforcement responsibilities,
line 18 enforce local zoning requirements, or enforce local licensing,
line 19 permitting, or other authorization requirements.
line 20 (c) A local jurisdiction shall notify the bureau upon revocation
line 21 of any local license, permit, or authorization for a licensee to
line 22 engage in commercial cannabis activity within the local
line 23 jurisdiction. Within 10 days of notification, the bureau shall inform
line 24 the relevant licensing authorities. Within 60 days of being so
line 25 informed by the bureau, the relevant licensing authorities shall
line 26 begin the process to determine whether a license issued to the
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AB 1356 — 3 — 139
line 1 licensee should be suspended or revoked pursuant to Chapter 3
line 2 (commencing with Section 26030).
line 3 (d) For facilities issued a state license that are located within
line 4 the incorporated area of a city, the city shall have full power and
line 5 authority to enforce this division and the regulations promulgated
line 6 by the bureau or any licensing authority, if delegated by the state.
line 7 Notwithstanding Sections 101375, 101400, and 101405 of the
line 8 Health and Safety Code or any contract entered into pursuant
line 9 thereto, or any other law, the city shall assume complete
line 10 responsibility for any regulatory function pursuant to this division
line 11 within the city limits that would otherwise be performed by the
line 12 county or any county officer or employee, including a county
line 13 health officer, without liability, cost, or expense to the county.
line 14 (e) (1) This division does not prohibit the issuance of a state
line 15 temporary event license to a licensee authorizing onsite cannabis
line 16 sales to, and consumption by, persons 21 years of age or older at
line 17 a county fair event, district agricultural association event, or at
line 18 another venue expressly approved by a local jurisdiction for the
line 19 purpose of holding temporary events of this nature, provided that
line 20 the activities, at a minimum, comply with all the following:
line 21 (A) The requirements of paragraphs (1) to (3), inclusive, of
line 22 subdivision (g).
line 23 (B) All participants who are engaged in the onsite retail sale of
line 24 cannabis or cannabis products at the event are licensed under this
line 25 division to engage in that activity.
line 26 (C) The activities are otherwise consistent with regulations
line 27 promulgated and adopted by the bureau governing state temporary
line 28 event licenses.
line 29 (D) A state temporary event license shall only be issued in local
line 30 jurisdictions that authorize such events.
line 31 (E) A licensee who submits an application for a state temporary
line 32 event license shall, 60 days before the event, provide to the bureau
line 33 a list of all licensees that will be providing onsite sales of cannabis
line 34 or cannabis products at the event. If any changes occur in that list,
line 35 the licensee shall provide the bureau with a final updated list to
line 36 reflect those changes. A person shall not engage in the onsite retail
line 37 sale of cannabis or cannabis products, or in any way participate in
line 38 the event, who is not included in the list, including any updates,
line 39 provided to the bureau.
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line 1 (2) The bureau may impose a civil penalty on any person who
line 2 violates this subdivision, or any regulations adopted by the bureau
line 3 governing state temporary event licenses, in an amount up to three
line 4 times the amount of the license fee for each violation, consistent
line 5 with Sections 26018 and 26038.
line 6 (3) The bureau may require the event and all participants to
line 7 cease operations without delay if in the opinion of the bureau or
line 8 local law enforcement it is necessary to protect the immediate
line 9 public health and safety of the people of the state. The bureau may
line 10 also require the event organizer to immediately expel from the
line 11 event any participant selling cannabis or cannabis products without
line 12 a license from the bureau that authorizes the participant to sell
line 13 cannabis or cannabis products. If the unlicensed participant does
line 14 not leave the event, the bureau may require the event and all
line 15 participants to cease operations immediately.
line 16 (4) The order by the bureau for the event to cease operations
line 17 pursuant to paragraph (3) does not entitle the event organizer or
line 18 any participant in the event to a hearing or an appeal of the
line 19 decision. Chapter 3 (commencing with Section 490) of Division
line 20 1.5 and Chapter 4 (commencing with Section 26040) of this
line 21 division shall not apply to the order by the bureau for the event to
line 22 cease operations pursuant to paragraph (3).
line 23 (5) The smoking of cannabis or cannabis products at temporary
line 24 events authorized pursuant to this subdivision is prohibited in
line 25 locations where smoking is prohibited. For purposes of this section,
line 26 “smoking” has the same meaning as defined in subdivision (c) of
line 27 Section 22950.5.
line 28 (f) This division, or any regulations promulgated thereunder,
line 29 shall not be deemed to limit the authority or remedies of a city,
line 30 county, or city and county under any provision of law, including,
line 31 but not limited to, Section 7 of Article XI of the California
line 32 Constitution.
line 33 (g) Notwithstanding paragraph (1) of subdivision (a) of Section
line 34 11362.3 of the Health and Safety Code, a local jurisdiction may
line 35 allow for the smoking, vaporizing, and ingesting of cannabis or
line 36 cannabis products on the premises of a retailer or microbusiness
line 37 licensed under this division if all of the following are met:
line 38 (1) Access to the area where cannabis consumption is allowed
line 39 is restricted to persons 21 years of age or older.
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AB 1356 — 5 — 141
line 1 (2) Cannabis consumption is not visible from any public place
line 2 or nonage-restricted area.
line 3 (3) Sale or consumption of alcohol or tobacco is not allowed
line 4 on the premises.
line 5 (h) This division shall not be interpreted to supersede Section
line 6 6404.5 of the Labor Code.
line 7 SEC. 2. Section 26200.1 is added to the Business and
line 8 Professions Code, to read:
line 9 26200.1. (a) (1) Except as provided in subdivision (d), a local
line 10 jurisdiction shall comply with the requirements of this subdivision
line 11 if more than 50 percent of the electorate of that local jurisdiction,
line 12 as determined using election data from the Secretary of State, voted
line 13 in favor of the Control, Regulate and Tax Adult Use of Marijuana
line 14 Act of 2016, an initiative measure enacted as Proposition 64 at the
line 15 November 8, 2016, statewide general election.
line 16 (2) A local jurisdiction described in paragraph (1) shall issue a
line 17 minimum number of local licenses that authorize medicinal retail
line 18 cannabis commercial activity, or a combination of medicinal retail
line 19 cannabis commercial activity and adult-use retail cannabis
line 20 commercial activity, within the jurisdiction that would be permitted
line 21 by a retailer license described in Section 26070, as determined by
line 22 paragraph (3). A local jurisdiction may impose a fee on licensees
line 23 to cover the regulatory costs of issuing those local licenses.
line 24 (3) (A) Except as provided in subparagraph (C), the minimum
line 25 number of local licenses for retail cannabis commercial activity
line 26 that a local jurisdiction is required to issue pursuant to paragraph
line 27 (2) is 25 percent one-sixth of the number of on-sale general license
line 28 types for alcoholic beverage sales that are currently active in that
line 29 jurisdiction, as determined pursuant to subparagraph (B).
line 30 (B) (i) (I) If the local jurisdiction is a city, the number of
line 31 on-sale general licenses for alcoholic beverages shall be determined
line 32 by adding all of the currently active licenses issued in the
line 33 jurisdiction that are of a license type listed in subclause (II). If the
line 34 local jurisdiction is a county, the number of on-sale general licenses
line 35 for alcoholic beverages shall be determined by adding all of the
line 36 currently active licenses issued in the unincorporated regions of
line 37 the county that are of a license type listed in subclause (II).
line 38 (II) For purposes of subclause (I), the following on-sale general
line 39 license types shall be counted: Types 47, 47D, 48, 48D, 57, 57D,
line 40 68, 70, 71, 71D, 75, 75D, 78, and 78D.
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— 6 — AB 1356 142
line 1 (ii) The number determined in clause (i) shall be divided by
line 2 four six and rounded up to the nearest whole number using
line 3 generally accepted mathematical rounding practices.
line 4 (iii) If the number of local licenses for retail commercial
line 5 cannabis determined in clause (ii) would result in a ratio equal to,
line 6 or fewer than, one local license for retail cannabis commercial
line 7 activity for every 10,000 15,000 residents of the local jurisdiction,
line 8 the number determined in clause (ii) shall be the minimum number
line 9 of local licenses the jurisdiction is required to issue pursuant to
line 10 paragraph (2).
line 11 (C) Notwithstanding subparagraphs (A) and (B), if the number
line 12 of local licenses for retail commercial cannabis determined in
line 13 clause (ii) of subparagraph (B) would result in a ratio greater than
line 14 one local license for retail cannabis commercial activity for every
line 15 10,000 15,000 residents of the local jurisdiction, the minimum
line 16 number of local licenses that the local jurisdiction is required to
line 17 issue pursuant to paragraph (2) shall be determined by dividing
line 18 the number of residents in the local jurisdiction by 10,000 15,000
line 19 and rounding down to the nearest whole number.
line 20 (b) Notwithstanding subdivision (a), a local jurisdiction
line 21 described in paragraph (1) of subdivision (a) that wants to establish
line 22 a lower amount of local licenses for retail cannabis commercial
line 23 activity than required by subdivision (a) shall do all of the
line 24 following:
line 25 (1) Create a local ordinance or other local law that clearly
line 26 specifies the level of participation in the retail commercial cannabis
line 27 market the local jurisdiction will allow.
line 28 (2) Submit that ordinance or other local law to the electorate of
line 29 that local jurisdiction at the next regularly scheduled local election
line 30 following the operative date of this section.
line 31 (3) If the ordinance or other local law is approved by more than
line 32 50 percent of the electorate of that local jurisdiction voting on the
line 33 issue, then the new ordinance or other local law shall become
line 34 effective in that local jurisdiction.
line 35 (c) If a local jurisdiction described in paragraph (1) of
line 36 subdivision (a) does not submit a local ordinance or other local
line 37 law to the electorate as described in subdivision (b), or that local
line 38 ordinance or other local law fails to receive more than 50 percent
line 39 of the approval of the electorate of that local jurisdiction voting
line 40 on the issue as described in subdivision (b), then the local
96
AB 1356 — 7 — 143
line 1 jurisdiction shall have 120 days after the next regularly scheduled
line 2 local election following the operative date of this section to issue
line 3 local licenses in compliance with subdivision (a).
line 4 (d) A local jurisdiction is exempt from this section if either of
line 5 the following applies:
line 6 (1) On or after January 1, 2017, and until January 1, 2020, the
line 7 local jurisdiction submitted to the electorate of the local jurisdiction
line 8 a local ordinance or resolution that authorizes retail cannabis
line 9 commercial activity, and a majority of the electorate voted not to
line 10 approve the local ordinance or resolution.
line 11 (2) On or after January 1, 2017, and until January 1, 2020, the
line 12 local jurisdiction submitted to the electorate of the local jurisdiction
line 13 a local ordinance or resolution that prohibits retail cannabis
line 14 commercial activity, and a majority of the electorate voted to
line 15 approve the local ordinance or resolution.
line 16 (e) For purposes of this section, all of the following shall apply:
line 17 (1) “Electorate of a county” means the electorate of the
line 18 unincorporated area of the county.
line 19 (2) “Local jurisdiction” means a city, county, or a city and a
line 20 county.
line 21 (3) “Local license” means any license, permit, or other
line 22 authorization from the local jurisdiction.
line 23 (f) This section shall not be construed to require a local
line 24 jurisdiction to authorize adult-use retail cannabis commercial
line 25 activity.
line 26 SEC. 3. No reimbursement is required by this act pursuant to
line 27 Section 6 of Article XIIIB of the California Constitution because
line 28 a local agency or school district has the authority to levy service
line 29 charges, fees, or assessments sufficient to pay for the program or
line 30 level of service mandated by this act, within the meaning of Section
line 31 17556 of the Government Code.
line 32 SEC. 4. The Legislature finds and declares that this act furthers
line 33 the purposes and intent of the Control, Regulate and Tax Adult
line 34 Use of Marijuana Act as stated in subdivisions (u) and (x) of
line 35 Section 3 of that act.
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96
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SENATE BILL No. 8
Introduced by Senator Glazer
(Principal coauthor: Assembly Member Levine)
(Coauthors: Assembly Members Choi and Mark Stone)
December 3, 2018
An act to add Section 5008.10 to the Public Resources Code, relating
to parks.
legislative counsel’s digest
SB 8, as introduced, Glazer. State parks: state coastal beaches:
smoking ban.
Existing law makes it an infraction punishable by a fine of $250 for
a person to smoke a cigarette, cigar, or other tobacco product within 25
feet of a playground or tot lot sandbox area.
This bill would make it an infraction punishable by a fine of up to
$25 for a person to smoke, as defined, on a state coastal beach, as
defined, or in a unit of the state park system, as defined, or to dispose
of used cigar or cigarette waste on a state coastal beach or in a unit of
the state park system unless the disposal is made in an appropriate waste
receptacle. The bill would establish a state-mandated local program by
creating a new crime.
The bill would require the Department of Parks and Recreation to
develop and post signs at entrances or strategic locations, as determined
by the Director of Parks and Recreation, of state coastal beaches and
units of the state park system to provide notice of the smoking
prohibition. The bill would require the smoking prohibition to be
enforced only after signs have been posted.
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.
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This bill would provide that no reimbursement is required by this act
for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
The people of the State of California do enact as follows:
line 1 SECTION 1. The Legislature finds and declares that making
line 2 it an infraction punishable by a fine of up to $25 for a person to
line 3 smoke on a state coastal beach or in a unit of the state park system
line 4 or to dispose of used cigar or cigarette waste on a state coastal
line 5 beach or in a unit of the state park system is a matter of statewide
line 6 concern in recognition of the importance of public health and
line 7 environmental quality for the people of this state.
line 8 SEC. 2. Section 5008.10 is added to the Public Resources Code,
line 9 to read:
line 10 5008.10. (a) For purposes of this section, the following
line 11 definitions apply:
line 12 (1) “Cigar” has the same meaning as defined in Section 104550
line 13 of the Health and Safety Code and, for purposes of this section,
line 14 may contain any other weed or plant as an alternative or
line 15 supplement to tobacco or nicotine.
line 16 (2) “Cigarette” has the same meaning as defined in Section
line 17 104556 of the Health and Safety Code and, for purposes of this
line 18 section, may contain any other weed or plant as an alternative or
line 19 supplement to tobacco or nicotine.
line 20 (3) “Smoke” or “smoking” means inhaling, exhaling, burning,
line 21 or carrying any lighted or heated cigar, cigarette, or pipe, or any
line 22 other lighted or heated tobacco or plant product intended for
line 23 inhalation, whether natural or synthetic, in any manner or in any
line 24 form. “Smoke” or “smoking” includes the use of an electronic
line 25 smoking device that creates an aerosol or vapor, in any manner or
line 26 in any form, or the use of any oral smoking device for the purpose
line 27 of circumventing a prohibition on smoking. “Smoke” or “smoking”
line 28 does not include the use of a cigar, cigarette, or pipe, or any other
line 29 lighted or heated tobacco or plant product used as a prop in a
line 30 motion picture, television program, or similar filmed audiovisual
line 31 work, provided filming is properly permitted by the California
line 32 Film Commission, the active film set is closed to the general public,
line 33 and any waste is immediately removed from the park. “Smoke”
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— 2 — SB 8 146
line 1 or “smoking” does not include the use of a cigar, cigarette, or pipe,
line 2 or any other lighted or heated tobacco or plant product used in
line 3 connection with the good faith practice of a religious belief or
line 4 ceremony.
line 5 (4) “State coastal beach” means an area that is owned by,
line 6 operated by, or under the jurisdiction of the department and that
line 7 adjoins the ocean, a bay, or an estuary.
line 8 (5) “Unit of the state park system” means an area specified in
line 9 Section 5002.
line 10 (b) A person shall not smoke on a state coastal beach or in a
line 11 unit of the state park system.
line 12 (c) A person shall not dispose of used cigar or cigarette waste
line 13 on a state coastal beach or in a unit of the state park system unless
line 14 the disposal of the cigar or cigarette waste is made in an appropriate
line 15 waste receptacle.
line 16 (d) A person who violates this section is guilty of an infraction
line 17 and shall be punished by a fine of up to twenty-five dollars ($25).
line 18 (e) The department shall develop and post signs at entrances or
line 19 strategic locations, as determined by the director, of state coastal
line 20 beaches and units of the state park system to provide notice of the
line 21 smoking prohibition set forth in subdivision (b). Subdivision (b)
line 22 shall be enforced on state coastal beaches and in units of the state
line 23 park system only after signs have been posted.
line 24 SEC. 3. No reimbursement is required by this act pursuant to
line 25 Section 6 of Article XIIIB of the California Constitution because
line 26 the only costs that may be incurred by a local agency or school
line 27 district will be incurred because this act creates a new crime or
line 28 infraction, eliminates a crime or infraction, or changes the penalty
line 29 for a crime or infraction, within the meaning of Section 17556 of
line 30 the Government Code, or changes the definition of a crime within
line 31 the meaning of Section 6 of Article XIIIB of the California
line 32 Constitution.
O
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SB 8 — 3 — 147
City of Huntington Beach
File #:19-619 MEETING DATE:6/3/2019
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Lori Ann Farrell Harrison, Interim City Manager
PREPARED BY:Travis K. Hopkins, PE, Director of Public Works
Subject:
Accept the lowest responsive and responsible bid and authorize execution of a construction
contract with RT Contractor Inc. in the amount of $535,000 for the Central Park Restrooms
Project, CC1591
Statement of Issue:
On May 14, 2019 bids were publically opened for the Central Park Restrooms project. City Council
action is requested to award the construction contract to RT Contractor, Inc., the lowest responsive
and responsible bidder.
Financial Impact:
The total cost of the project is $1,170,500,which is available in the current fiscal year budget in
Quimby Fund account 22645010.82900. This total includes the construction contract of $535,000
plus ten-percent (10%) construction contingency of $53,500. In addition, supplemental expenses of
$100,000 for inspection and materials testing will be needed and $482,000 which is currently
encumbered for the purchase of modular building materials. Staff is also requesting that the
construction funds in the amount of $688,500 ($535,000 contract, $53,500 contingency and $100,000
in supplemental expense) be carried over in Quimby Fund account 226450010.82900 in order to
allow time to prepare and execute contract documents.
Recommended Action:
A) Accept the lowest responsive and responsible bid submitted by RT Contractor, Inc. in the
amount of $535,000; and,
B) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by
the City Attorney.
Alternative Action(s):
Reject all bids, or provide staff with an alternative action.
Analysis:
In an effort to modernize existing restrooms in Central Park, the Community Services Department
has elected to replace existing restrooms with new Romtec modular restrooms. These restrooms are
similar to those installed at Worthy Park and along North Beach. In contrast, the restrooms will each
have six stalls and be installed at the same location as the existing restrooms. This project, the first
in a series, will replace three existing restrooms. Up to three additional restrooms are slated forCity of Huntington Beach Printed on 5/30/2019Page 1 of 2
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in a series, will replace three existing restrooms. Up to three additional restrooms are slated for
replacement next fiscal year.
Bids were publicly opened on May 14, 2019, with the following results:
BIDDER'S NAME BID AMOUNT CORRECTED
AMOUNT
Aid Builders $285,000 $285,000
RT Contractor $535,000 $535,000
HYM Engineering $648,000 $648,000
California Building Evaluation &
Construction Inc.
$700,000 $700,000
Kazoni Inc.$1,199,856 $1,192,856
Aid Builders, the apparent low bidder, requested that their bid be rejected, due to inadequate
experience for this project. A reference check determined that RT Contractor, Inc. has provided
acceptable experience on past projects. Therefore, staff recommends awarding a contract to RT
Contractor, Inc. in the amount of $535,000.The total cost of the project is $1,170,500. This total
includes the construction contract of $535,000 plus ten-percent (10%) construction contingency of
$53,500. In addition, supplemental expenses of $100,000 for inspection and materials testing and
$482,000 which is currently encumbered for the purchase of modular building materials is included in
the total cost. Unspent appropriations will be carried forward into Fiscal Year 2019/20.
Environmental Status:
The project is categorically exempt pursuant to Class 1, section 15031c of the California
Environmental Quality Act.
Strategic Plan Goal:
Enhance and maintain infrastructure
Attachment(s):
1. Location Map
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City of Huntington Beach
File #:19-564 MEETING DATE:6/3/2019
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Lori Ann Farrell Harrison, Interim City Manager
PREPARED BY:Travis K. Hopkins, PE, Director of Public Works
Subject:
Award and authorize execution of a construction contract in the amount of $490,050.00 to Aid
Builders, Inc. for the Alley Rehabilitation Project, CC-1569
Statement of Issue:
On April 30, 2019, bids were opened for the Alley Rehabilitation Project, CC-1569. Staff requests
that the City Council award the contract to Aid Builders, Inc., the lowest responsive and responsible
bidder.
Financial Impact:
Funds for the project are available in the Infrastructure Fund account 31440001.82000. The total
estimated project cost is $580,000 which includes the construction contract, contingency,
supplemental expenses, and inspection. Staff is also requesting that these funds be carried over into
Fiscal Year 2019-20 in order to allow time to prepare and execute contract documents.
Recommended Action:
A) Accept the lowest responsive and responsible bid submitted by Aid Builders, Inc., in the
amount of $490,050.00; and,
B) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by
the City Attorney.
Alternative Action(s):
Reject all bids, and provide staff with alternative direction.
Analysis:
The City hired a consultant to evaluate the condition of all publicly maintained alleys utilizing the
same methodology in the City’s adopted Pavement Management Program. The consultant
determined that the subject alley, located north of Heil Avenue between Graham Street and
Springdale Street, had the worst Pavement Condition Index (PCI=4) of the alleys surveyed. For
reference purposes, PCI values ranging between 86 and 100 are considered to be in “Very Good”
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condition; whereas PCI values between 0 and 40 are considered to be in “Very Poor” condition.
The project’s scope of work will be to remove and replace the existing asphalt concrete pavement
and concrete v-gutter, with ancillary work as necessary.
Bids were opened publicly on April 30, 2019. Staff reviewed the bid package received from Aid
Builders, Inc. and mathematically verified the total amount bid. Staff found the documentation and
references for Aid Builders, Inc. to be acceptable. Therefore, staff recommends award of the
construction contract to Aid Builders, Inc. in the amount of $490,050.00. Unspent appropriations will
be carried forward into Fiscal Year 2019/20.
The verified bid amounts are listed below:
Final
Rank
Bidder Verified Bid
Amount
1 Aid Builder’s, Inc.$490,050.00
2 California Building Evaluation & Construction, Inc.$510,460.75
3 Excel Paving $518,518.00
4 Shawnan $519,350.00
5 Onyx Paving Co.$525,000.00
6 United Paving Co.$534,101.30
7 Hardy & Harper, Inc.$536,585.00
8 EBS General Engineering, Inc.$575,425.00
9 All American Asphalt $583,849.00
10 R.J. Noble Company $591,980.00
11 Sequel Contractors $681,260.00
Public Works Commission Action:
The Public Works Commission reviewed and approved CC-1569 on March 20, 2019, with a vote of 6
-0-1 (Nguyen absent).
Environmental Status:
This project is categorically exempt pursuant to Class 1, Section 15301(c) of CEQA.
Strategic Plan Goal:
Enhance and maintain infrastructure
Attachment(s):
1. Location Map
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City of Huntington Beach
File #:19-627 MEETING DATE:6/3/2019
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Lori Ann Farrell Harrison, Interim City Manager
PREPARED BY:Kellee Fritzal, Deputy Director of Economic Development
Subject:
Approve and Authorize the Execution of a License Agreement between the City of Huntington
Beach and Concours D’Elegance Group for use of Central Library facilities for the Annual
Concours Car Show
Statement of Issue:
The City Council is asked to approve a two (2) year License Agreement between the City of
Huntington Beach and Concours D’Elegance, for the continued operation of the annual Concours Car
Show held at the Central Library.
Financial Impact:
The Concours Car Show is subject to applicable fees throughout the Specific Events process.
Concours D’Elegance issues a check of event proceeds to the Huntington Beach Central Library in
support of the Children’s Resource Center. In previous years, the donation averaged $20,000.
Recommended Action:
Approve and authorize the Mayor and City Clerk to execute the “First Restated and Amended
License Agreement between the City of Huntington Beach and Concours D'Elegance Group for use
of Public Library Facilities for an annual Concours Car Show.”
Alternative Action(s):
Do not approve the license agreement and provide direction to staff.
Analysis:
Since 1985, Huntington Beach Concours D’Elegance has worked with the City to host an annual
Concours Car Show on the first weekend of June at the Central Library. The event operates on both
Saturday and Sunday and is open to all ages. The Concours Car Show provides a family-friendly
experience for the community as a way to raise funds for the Children’s Resource Center at the
Central Library. The event was held June 1st and 2nd and was the 34th annual Concours D’Elegance
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Car Show.
In May 2019, staff received a signed License Agreement from Bart and Diana McGrath, the founders
of HB Concours D’Elegance, for the use of Library facilities. The License Agreement is for a term of
two (2) years. The License Agreement is subject to the following terms:
·Activities within Central Park and the parking lot shall be coordinated with City staff to accommodate
each activity.
·Licensee agrees to submit to make available for inspection a complete and accurate set of books and
records of all ticket sales.
·After the Concours event is held, the Library Services Director will submit a letter requesting the
distribution of funds in support of the Children’s Wing of the Library. The Committee agrees to review
and issue a check for the requested amount as soon as possible after determination of the amount raised
over the course of the event. Payment will be delivered to the City by October 31st after the event.
·All cost of staff support is the sole responsibility of Concours and they shall be responsible to pay for at
least one staff member to be on site to assist with access into the building in the morning and at closing.
Concours D’Elegance has purchased insurance pursuant to City requirements. Planned access to the Balboa or
Maddy Room shall be permitted once a month for planning purposes. All other meetings shall be arranged with
and approved by City staff.
The License Agreement is consistent with the revised terms that the City is implementing for all lessees and
operators. Based upon Concours D’Elegance’s qualifications and experience operating 34 previous events in
the City, the Office of Economic Development is recommending approval of the License Agreement.
Environmental Status:
Not Applicable
Strategic Plan Goal:
Strengthen long-term financial and economic sustainability
Attachment(s):
1. Lease Agreement
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City of Huntington Beach
File #:19-589 MEETING DATE:6/3/2019
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Lori Ann Farrell Harrison, Interim City Manager
PREPARED BY:Ursula Luna-Reynosa, Director of Community Development
Subject:
Approve Final Tract Map No. 17801 and Subdivision Agreement for the LeBard Park
Residential Subdivision (Seabreeze Homes) by HB Homes Management, LLC at 20461 Craimer
Lane
Statement of Issue:
Transmitted for City Council consideration is Final Tract Map No. 17801 for the Seabreeze
Residential Subdivision by HB Homes Management, LLC at 20461 Craimer Lane (former LeBard
School site - west side of Craimer Lane between Crailet Drive and Warwick Drive). This map
subdivides the approximately 9.7 acre former LeBard School property into an approximately 6.5 acre
parcel for public park purposes and the remaining 3.2 acres into 15 numbered lots for single-family
residential purposes, one lettered lot for drainage purposes, and two lettered lots for landscape
purposes.
Financial Impact:
No fiscal impact.
Recommended Action:
A) Approve Final Tract Map No. 17801 and accept the offer of easement dedications for street,
public utility purposes and drainage purposes on Cynthia Drive and Lightbreeze Circle
pursuant to findings and requirements (Attachment No. 1); and,
B) Approve and authorize the Mayor and City Clerk to execute the Subdivision Agreement by and
between the City of Huntington Beach and HB Homes Management, LLC (Attachment No. 6);
and,
C) Accept Faithful Performance Bond No. 379919S, Labor and Material Bond No. 379919S and
Monument Bond No. 379922S as sureties for the installation of the subdivision’s required
public improvements and survey monumentation (Attachment No. 7); and,
D) Authorize the Mayor and City Clerk to sign Final Tract Map No. 17801 on behalf of the City of
Huntington Beach; and,
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E) Instruct the City Clerk to file the respective bonds with the City Treasurer and notify the Surety,
Indemnity Insurance Company of this action.
Alternative Action(s):
The City Council may make the following alternative motion(s):
1. Deny Final Tract Map No. 17801, the Subdivision Agreement, and Bonds.
2. Continue Final Tract Map No. 17801, the Subdivision Agreement, and Bonds and direct staff
accordingly.
Analysis:
A. PROJECT PROPOSAL:
Applicant: David Nguyen, HB Homes Management, LLC, 9140 Trask Avenue #202, Garden
Grove, CA 92844
Property Owners: City of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648
Huntington Beach City School District, 8750 Dorsett Drive, Huntington Beach, CA 92646
HB Homes Management, LLC, 9140 Trask Avenue #202, Garden Grove, CA 92844
Surveyor: David B. Warren, PLS, High Desert Mapping, 16704 Neenach Road, Apple Valley, CA
92307
Surety: Indemnity Company of California, PO Box 19725, Irvine, CA 92623
Location: 20461 Craimer Lane (west side of Craimer Lane between Crailet Drive and Warwick
Drive)
General Plan: RL (Residential Low Density) and OS-P (Open Space - Parks)
Zone:RL (Residential Low Density) and OS-PR (Open Space - Parks and Recreation)
No. of Acres: 13.1 total acres: 9.6 acres Public Park and 3.5 acres Residential
No. of Numbered Lots: 16
No. of Lettered Lots: 3
No. of Units:15
B. BACKGROUND:
On June 10, 2015, the Planning Commission approved Tentative Tract Map No. 17801 to subdivide
the former LeBard School site into an approximately 6.6 acre parcel for public park purposes which
will be combined with the existing 3.0 acre City-owned Lebard Park; and a 3.5 acre parcel into 15
numbered lots for single-family residential purposes, one lettered lot for drainage purposes, and two
lettered lots for landscape purposes. Lot 16 of TTM No. 17801 is a combination of the 6.6 acre
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lettered lots for landscape purposes. Lot 16 of TTM No. 17801 is a combination of the 6.6 acre
LeBard School recreation parcel with the City’s existing 3.0 acre public park. There are three
separate owners of the parcels on TTM No. 17801 (City of Huntington Beach, Huntington Beach City
School District,and HB Homes Management) which requires all parties to be signatory to Final Tract
Map No. 17801.
The Planning Commission discussed issues related to traffic, drainage, and the little league baseball
season during the June 10, 2015 meeting.
A motion made by Semeta, seconded by Brenden, to approve Tentative Tract Map No. 17801 with
findings and conditions of approval, carried by the following vote:
AYES: Crowe, Semeta, Pinchiff, Kalmick, Mandic, Brenden, Hoskinson
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Motion Approved
The Planning Commission also approved Conditional Use Permit No. 12-039 and Variance No. 15-
001 as part of the proposed project and recommended approval of Mitigated Negative Declaration
No. 12-008, General Plan Amendment No. 12-002, and Zoning Map Amendment No. 12-001 to the
City Council. The City Council approved Mitigated Negative Declaration No. 12-008, General Plan
Amendment No. 12-002, and Zoning Map Amendment No. 12-001 on July 20, 2015.
C. RECOMMENDATION:
The final map has been examined and certified by the City Engineer as being in substantial
compliance with the conditions of approval of the tentative map, as approved by the Planning
Commission on June 10, 2015.
Additionally, presented for City Council approval and acceptance are the required Subdivision
Agreement (between the City and HB Homes Management, LLC) and Bonds pursuant to the City’s
Zoning and Subdivision Ordinance and the State’s Subdivision Map Act.
Environmental Status:
The actions to accept Final Tract Map No. 17801 and the respective Subdivision Agreement with
Bonds is exempt from the requirements of the California Environmental Quality Act pursuant to
Section 15268(b).
Strategic Plan Goal:
Enhance and maintain infrastructure
Strengthen long-term financial and economic sustainability
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Attachment(s):
1. Findings and Requirements for Acceptance of the Final Map
2. Vicinity Map
3. Final Map No. 17801
4. Planning Commission Notice of Action for Tentative Tract Map No. 17801with Findings and
Conditions of Approval
5. Tentative Tract Map No. 17801
6. Subdivision Agreement
7. Bonds (Faithful Performance, Labor and Material, Monument)
8. Public Park and Development Overview for LeBard Site
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ATTACHMENT NO. 1
FINDINGS AND REQUIREMENTS FOR ACCEPTANCE OF FINAL MAP
Findings for Acceptance of Final Map:
1. Final Tract Map No. 17801 is in conformance with the California Subdivision Map Act,
the City of Huntington Beach Subdivision Ordinance and Tentative Tract Map No. 17801
conditions of approval, as approved by the Planning Commission.
Requirements:
1. Accept the easement dedication for street and public utility purposes over Cynthia Drive
and Lightbreeze Circle.
2. Accept Easement “A” for drainage purposes.
3. The City Clerk shall affix her signature to the map and release it for recordation by the
County of Orange.
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Cynthia Dr.
Warwick Dr.
Crailet Dr.
VICINITY MAP
GENERAL PLAN AMENDMENT NO. 12-002/ ZONING MAP AMENDMENT NO. 12-001/
CONDITIONAL USE PERMIT NO. 12-039/ TENTATIVE TRACT MAP NO. 17801/
VARIANCE NO. 15-001/ MITIGATED NEGATIVE DECLARATION NO. 12-008
(LEBARD PARK AND RESIDENTIAL PROJECT)
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City of Huntington Beach
File #:19-622 MEETING DATE:6/3/2019
REQUEST FOR CITY COUNCIL AND
HOUSING AUTHORITY ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
Honorable Chairperson and Board Members
SUBMITTED BY:Lori Ann Farrell Harrison, Interim City Manager
PREPARED BY:Kellee Fritzal, Deputy Director of Economic Development
Subject:
Approve Affordable Housing Agreement for Tract No. 18147 Windbourne Residential
Development (Franklin School Site) located at 14422 Hammon Lane and authorize City
Manager to sign documents to effectuate the Agreement
Statement of Issue:
Transmitted for City Council/Housing Authority consideration is an Affordable Housing Agreement for
Tract No. 18147 (Windbourne Residential Development). This action is from a request by TRI Pointe
Homes to approve an Affordable Housing Agreement for a single-family home development located
at 14422 Hammon Lane. As required by the Huntington Beach Zoning and Subdivision Ordinance
(HBZSO) Section 230.26 - Affordable Housing, ten percent of the 51 approved dwelling units are
required to be affordable. The Agreement will restrict the sale of one (1) unit on-site to moderate
income households for a period of 45 years, and fund four (4) off-site rental units for very low or
extremely low-income persons for a period of 55 years, for a total of five (5.0) deed restricted units.
Payment of a pro rata in-lieu fee is required with respect to the remaining fractional 0.1 unit.
Financial Impact:
The Affordable Housing In-Lieu Fund 217 will receive a total of $2,150,916.
Recommended Action:
CITY COUNCIL/HOUSING AUTHORITY MOTION TO:
A) Approve and authorize the Mayor/Chairperson and City Clerk/Secretary to sign the Affordable
Housing Agreement for Tract No. 18147 Windbourne Residential Development; and,
B) Authorize the City Manager to sign any and all related documents to effectuate the Agreement.
Alternative Action(s):
Do not approve the Agreement and direct staff as necessary
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Analysis:
On September 11, 2018, the Planning Commission approved Tentative Tract Map No. 18147 to
subdivide approximately 8.75 acres into 51 numbered lots for single-family residential purposes and
five lettered lots (A-E) for private streets, public utilities, common areas, water quality purposes, and
a 1.30-acre public park. The Planning Commission also approved General Plan Amendment No. 16-
001, Zoning Map Amendment No. 16-002, Conditional Use Permit No. 16-031, and Mitigated
Negative Declaration No. 16-002 as part of the proposed project.
The Planning Commission discussed issues related to park maintenance between project approval
and project construction, RV parking on the street, in-lieu affordable housing fees, additions and
setbacks, and HOA maintenance.
The City Council approved the project on November 5, 2018. Pursuant to Huntington Beach Zoning
and Subdivision Ordinance (HBZSO) Section 230.26 - Affordable Housing, ten percent of the 51
approved dwelling units are required to be affordable. Through the process, TRI Pointe Homes
requested approval of a proposed Affordable Housing Agreement. The Windbourne Residential
Agreement will restrict the sale of one (1) unit on-site to moderate income households for a period of
45 years and fund four (4) rental units at an off-site project for very low or extremely low-income
persons for a period of 55 years, for a total of five (5.0) deed restricted units. Payment of a pro rata
in-lieu fee is required with respect to the remaining fractional 0.1 unit.
Staff is working with several non-profits to create affordable rental units within the City of Huntington
Beach.
Environmental Status:
Action to approve the Affordable Housing Agreement is exempt from the California Environmental
Quality Act pursuant to Section 15061(b)(3).
Strategic Plan Goal:
Strengthen long-term financial and economic sustainability
Attachment(s):
1. Affordable Housing Agreement for Tract No. 18147 Windbourne Residential Development
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City of Huntington Beach
File #:19-659 MEETING DATE:6/3/2019
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Lori Ann Farrell Harrison, Interim City Manager
PREPARED BY:Antonia Graham, Assistant to the City Manager
Subject:
Approve and Authorize Execution of Agreement with Tripepi Smith for Cablecasting Services
Statement of Issue:
This is a request for Council Action for the City Council to approve a two-year contract with Tripepi
Smith to provide cablecasting services for the City Council and Planning Commission Meetings.
Financial Impact:
Funds are available in the FY 2019/20 Proposed Budget in account 24330101 for cablecasting
services. The first year of the contract is $71,840 comprised of ongoing costs of $64,970 and one-
time transition, training and preparation costs of $6,870. The two year contract provides a not-to-
exceed amount of $150,000 providing flexibility as this is the first year of the City’s new cablecasting
program.
Recommended Action:
Approve and authorize the Mayor and City Clerk to execute a two-year contract with Tripepi Smith for
Cablecasting Services in an amount not to exceed $150,000.
Alternative Action(s):
Do not approve the contract and direct staff accordingly.
Analysis:
As part of the exit and transition plan out of PCTA, City staff issued a Request for Proposal for
cablecasting services in March 2019. The City received three proposals from Tripepi Smith, NTT,
and Matrix on April 25, 2019. The top two firms,Tripepi Smith and NTT,were invited to panel
interviews with staff from the City Manager’s Office, Finance, and Information Services. Tripepi Smith
was deemed the most qualified to assist the City with the transition from the Joint Powers Authority
PCTA to a City-run channel.
Tripepi Smith has a track record of working with public agencies throughout California. This work
includes full-scale video production, evaluating existing communication platforms, developing
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strategic messaging, developing and maintaining social media sites, and working to promote
community involvement.
The team brings expertise in council meeting video production and non-meeting event and
educational format video production. Examples of work include city council meeting recordings,
community event recordings, State of the City videos, interview formats and community Public
Service Announcements. Tripepi Smith currently provides similar services to the cities of Bellflower,
Placentia, Villa Park, Culver City, and Indian Wells.
City staff and Tripepi Smith will work closely on the transition from PCTA to a City-run channel. This
will happen by cross-training in the Audio Visual Room during City Council and Planning Commission
Meetings beginning immediately after the award of this contract, with the goal that effective July 23,
2019,Tripepi Smith is the sole operator cablecasting the City Council and Planning Commission
meetings.
Environmental Status:
Not Applicable.
Strategic Plan Goal:
Enhance and maintain high quality City services
Attachment(s):
1. Agreement between the City of Huntington Beach and Tripepi Smith
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City of Huntington Beach
File #:19-643 MEETING DATE:6/3/2019
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Lori Ann Farrell Harrison, Interim City Manager
PREPARED BY: Michele Warren, Director of Human Resources
Subject:
Adopt Ordinance No. 4181 amending Section 2.76.010 of the Huntington Beach Municipal
Code (HBMC) related to exclusions from competitive service by adding the classification of
Assistant Chief Financial Officer
Approved for Introduction May 20, 2019 - Vote: 4-2-1 (Carr, Hardy-No; Peterson-Absent)
Statement of Issue:
On May 20, 2019, the City Council approved for introduction Ordinance No. 4181 amending Section
2.76.010 of the Huntington Beach Municipal Code to add the classification of Assistant Chief
Financial Officer as an at-will position.
Financial Impact:
This request has a net neutral budget impact. The new Assistant Chief Financial Officer position has
a salary range of $138,403 to $171,475. The Finance department will fund the cost by eliminating a
vacant Senior Finance Analyst position, and utilizing savings from the previously approved
downgrade of the Finance Manager-Fiscal Services position to a Principal Finance Analyst. The
remaining cost will be funded by minor reductions in supplies and materials (account no.
100.35.206). This action does not increase the Department’s Table of Organization.
Recommended Action:
Adopt Ordinance No. 4181, “An Ordinance of the City of Huntington Beach Amending the Huntington
Beach Municipal Code by Amending Section 2.76.010 Thereof Related to Exclusions From the
Competitive Service” by adding the Assistant Chief Financial Officer .
Alternative Action(s):
Reject the proposed Ordinance and direct staff accordingly.
Analysis (included in 5/20/2019 report):
The City of Huntington Beach, as well as other cities throughout the region and the State of
California, is facing a record number of retirements. There are currently 208 employees currently
eligible for retirement, the highest number on record. This unprecedented trend, commonly referred
to as the “Silver Tsunami” is creating a significant loss in the City’s institutional memory, number of
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to as the “Silver Tsunami” is creating a significant loss in the City’s institutional memory, number of
staffing with required subject matter expertise, and a shortage of experienced and seasoned
professionals throughout key positions in the organization.
Overview
To address these challenges, the Human Resources Department has been working with multiple
departments to identify key positions within the City, as well as improved reporting structures that will
help to stabilize City operations in critical areas in order to reduce short- and long-term risk, and help
ensure business continuity.
At the February 2019 Strategic Planning retreat of the City Council, staff presented an overview of
past Succession Planning efforts taken by the City, as well as future proposed actions. Past
succession planning efforts include the creation of “second-in-command” positions in several
departments including the Police Department, Community Development Department, and the City
Attorney’s Office. The need to establish similar positions in several other key departments was also
discussed including the Public Works Department and Finance Department. A recommendation was
also presented on how to further strengthen the succession planning efforts of the City Attorney’s
Office. The succession planning proposal for the Public Works Department has been temporarily
placed on hold due to the recent appointment of the Public Works Director to the Acting Assistant City
Manager position, and the immediate need to make an appointment to the now vacated Public Works
Director position. The City Attorney’s Office is submitting its succession planning proposal under
separate cover. The Finance Department’s succession planning proposal is contained herein.
Assistant Chief Financial Officer Position
The Finance Department is responsible for the daily ongoing development and monitoring of the
City’s $381.2 million All Funds Budget, in 15 separate City Departments, contained in over 121
separate financial Funds. It is also responsible for the creation of the annual audited financial
statements, the Federal Single Audit, annual budget development and revenue monitoring,
compliance with Federal, State and County grants, as well as private donations. The Department is
responsible for the processing of all 50,000 accounts for water and sewer service, all 22,000 annual
business licenses, all Accounts Receivable functions for the processing of all cash and currency from
locations throughout the City, the processing of over 675,000 transactions at City Hall’s front counter
annually, the bi-weekly payroll of all 987 full time and over 1,000 part time employees, and all cash,
check and wire payments to the City’s vendors.
Given the critical nature of these Citywide operations, it is recommended that a “second in command”
at-will executive position be established to improve the department’s operational efficiency and
establish a clear chain of command within the organization that is easily understood within and
outside of the City. It will also help to ensure business continuity for the department which serves as
the backbone of all City operations and is dependent upon the attraction and retention of individuals
with a high degree of technical expertise and financial acumen.
The Assistant Chief Financial Officer is an at-will position that will be appointed as an employment
contract arrangement and is included as part of the group of classifications designated as Non-
Represented/Non-Associated. The annual compensation range for Assistant Chief Financial Officer
is $138,403 - $171,475. This salary range is equal to the recently established Deputy Director of
Community Development position. The recruitment and selection process will be open and
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competitive.
Environmental Status:
N/A
Strategic Plan Goal:
Strengthen long-term financial and economic sustainability
Attachment(s):
1. Ordinance No. 4181
2.Resolution No. 2019-37
3.Exhibit “A” Non-Associated Employees’ Pay and Benefits Resolution No. 2016-50
4.Exhibit 1 - Modified Non-Associated Management Salary Schedule 06/01/19
5.Job Classification Specification - Chief Assistant Finance Officer
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City of Huntington Beach
File #:19-606 MEETING DATE:6/3/2019
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Lori Ann Farrell Harrison, Interim City Manager
PREPARED BY:Gilbert Garcia, Chief Financial Officer
Subject:
Public Hearing To Consider Adopting Resolution No. 2019-28 To Adopt A Budget For The City
For Fiscal Year 2019/2020
Statement of Issue:
The City Charter of the City of Huntington Beach requires a Public Hearing prior to the adoption of
the City’s annual budget. The City Charter further requires adoption of the annual budget by June
30, 2019, for FY 2019/20.
Financial Impact:
The total FY 2019/20 Proposed Budget is a structurally balanced budget. The All Funds Proposed
Budget equals $381.2 million, including a General Fund Proposed Budget of $231.8 million.
Individual departmental and fund level appropriations are contained in the attachments herein.
Recommended Action:
A) Open the Public Hearing on the Proposed FY 2019/20 City budget appropriation of
$381,229,021 as outline in the Proposed Budget document;
B) Adopt Resolution Number 2019-28, "A Resolution of the City Council of the City of Huntington
Beach Adopting a Budget for the City for FY 2019/20” as shown on Attachment 2;
C) Approve the FY 2019/20 Proposed Budget Table of Organization as shown on Attachment 2,
Exhibit D; and,
D) Authorize the Professional Services included in the FY 2019/20 budget to be representative of
the services projected to be utilized by departments in FY 2019/20, as shown in Attachment 3.
Alternative Action(s):
Deny staff’s recommendation and provide alternative direction.
Analysis:
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The City Charter requires that the City Manager submit the Proposed Budget to the City Council at
least 30 days prior to the beginning of the next fiscal year. The City Manager submitted the FY
2019/20 Proposed Budget to the City Council on May 3, 2019, for the fiscal year starting July 1,
2019. The general framework for the FY 2019/20 Proposed Budget was first presented to the City
Council at the February 7, 2019, Strategic Planning Retreat.
The Proposed Budget was discussed at two Study Sessions held on May 6, 2019 and May 20, 2019.
The Five-Year Capital Improvement Program (CIP) will be discussed at a Study Session scheduled
on June 3, 2019. The purpose of these budget study sessions is to provide the City Council with
opportunities to discuss the Proposed Budget and CIP with staff before proceeding with the formal
Public Hearing on June 3, 2019. The Proposed Budget was also presented to the Finance
Commission on May 22, 2019.
Overview
The theme for the FY 2019/20 Budget, “Shaping the Future,” reflects the City Council’s
implementation of thoughtful strategies that promote the City’s long-term financial sustainability. FY
2019/20 will be the second full twelve-month July to June fiscal year for the City, as City Council
approved on December 18, 2017,to change the fiscal year for the City to a July 1 to June 30 period.
Balancing this proposed budget required strong collaboration with each department, including
detailed analysis of each department’s costs and implementation of budget adjustments where
appropriate to maintain fiscal prudence. These efforts yielded a structurally balanced FY 2019/20
Proposed Budget, totaling $381.2 million in All Funds reflecting a 2.2 percent increase from the FY
2018/19 Adopted All Funds Budget of $373.1 million.
The total FTE count in All Funds for FY 2019/20 is 987.25, reflecting an increase of 1.0 full-time
equivalent personnel (FTE) count across All Funds compared to the FY 2018/19 Adopted Budget. In
addition, the FY 2019/20 General Fund Proposed Budget is projected at $231.8 million, a $3.4 million
or 1.5 percent increase from the current year’s General Fund Adopted Budget of $228.4 million. The
majority of General Fund revenue is derived from Property Tax, Sales Tax, Utility Users Tax, and
Transient Occupancy Tax. In line with many current economic indicators, the City is experiencing a
flattening or slowing of revenue growth in some categories, requiring continued vigilance. The
Proposed Budget demonstrates the City’s continued commitment to the safety of its community,
dedicating $127.9 million, or 55% of the total General Fund budget, to public safety.
Professional Services
As established by Administrative Regulation Number 228, each department has submitted a list of
professional services,which are generally contained in their Proposed Budgets (Attachment 3).
Professional services contracts are subject to compliance with Administrative Regulation Number 228
and City Ordinance Chapter 3.03.
Public Hearing
The City Charter requires that a public hearing be conducted on the City budget prior to adoption.
Public Hearing notices have been published per City Charter requirements (Attachment 1). At the
close of this hearing, all legal requirements for budget adoption will have been met.
Environmental Status:
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Not applicable.
Strategic Plan Goal:
Enhance and maintain high quality City services
Enhance and maintain the infrastructure
Strengthen long-term financial and economic sustainability
Enhance and modernize public safety service delivery
Attachment(s):
1. Public Hearing Notice
2. Resolution Number 2019-28, “A Resolution of the City Council of the City of Huntington Beach
Adopting a Budget for the City for Fiscal Year 2019/2020”
3. Professional Services included in the Fiscal Year 2019/20 Budget
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ATTACHMENT 1
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PUBLIC HEARING
CITY OF HUNTINGTON BEACH
Notice of Public Hearing on the Proposed City Budget for Fiscal Year 2019/2020
Notice is hereby given that a public hearing will be held by the City Council of the City of
Huntington Beach, in the Council Chambers of the Civic Center, Huntington Beach located at
2000 Main Street, at the hour of 6:00 PM, or as soon as possible thereafter on Monday, the third
day of June 2019, for the purpose of considering the City Budget for Fiscal Year 2019/2020.
The Proposed Budget for Fiscal Year 2019/2020 totals $381,229,021 including General Fund
Expenditures of $231,840,040. The complete Proposed Budget for Fiscal Year 2019/2020 may
be reviewed by the public from 8:00 AM to 5:00 PM, Monday through Friday in the City Clerk’s
Office at City Hall, 2000 Main Street, second floor; the City’s Central Library located at 7111
Talbert Avenue; and all branch libraries. The public may obtain copies of the Proposed Budget
for Fiscal Year 2019/2020 from the City’s website at http://www.huntingtonbeachca.gov.
Pursuant to Huntington Beach Municipal Code Section 14.54.070, as part of the annual budget
process, the sewer service user charges will be presented for receipt and file.
All interested persons are invited to attend to express their opinions for, or against, the proposed
budget with written or oral comments. Written communications to the City Council should be
mailed to the Office of the City Clerk at the address below. Further information may be obtained
from the Finance Department, 2000 Main Street, Huntington Beach, CA, 92648-2702 or by
telephone (714) 536-5630.
The City of Huntington Beach endeavors to accommodate persons of handicapped status in the
admission or access to, or treatment or employment in, city programs or activities. The City of
Huntington Beach is an equal opportunity employer.
Dated: May 2, 2019 City of Huntington Beach
May 9, 2019 By: Robin Estanislau, City Clerk
2000 Main Street
Huntington Beach, CA 92648-2702
Telephone: (714) 536-5405
** Notice to City Clerk ** this copy to run twice in newsprint no later than 19 days prior to the
Council Meeting date. Run in both display format and in legal
section.
ATTACHMENT 1
341
ATTACHMENT 2342
ATTACHMENT 2343
ATTACHMENT 2344
EXHIBIT A
***COMPLETE COPY ON FILE IN THE CITY CLERK'S OFFICE**
ATTACHMENT 2
345
General Fund Amount Department
FY 2019/20 Proposed Budget submitted on May 3, 2019 231,840,040 Citywide
Total FY 2019/2020 General Fund Proposed Budget 231,840,040
All Funds Amount Department
FY 2019/20 Proposed Budget submitted on May 3, 2019 381,229,021 Citywide
Total FY 2019/2020 All Funds Proposed Budget 381,229,021
EXHIBIT A-1
City of Huntington Beach
FY 2019/2020 Proposed Budget Appropriation
ATTACHMENT 2
346
Fund Title Revenue &
Transfers In
100 General Fund 230,840,040
101 Specific Events 751,500
122 Inmate Welfare Fund 4,500
201 Air Quality Fund 240,000
204 Fourth of July Parade 420,050
207 Gas Tax Fund 3,355,068
210 Sewer 150,000
213 Measure M Fund 3,514,493
215 Rehabilitation Loans 100,000
217 Affordable Housing In-Lieu 100,000
219 Traffic Congestion Relief 42 1,956,853
226 Quimby Fund 65,000
228 Park Dev Impact - Res 3,000,000
229 Library Dev Impact 200,000
231 Fire Facilities Dev Impact 123,452
233 Housing Residual Receipts 475,000
234 Disability Access Fund 84,000
239 CDBG 1,155,698
240 HOME 606,864
243 Surf City "3" Cable Channel 605,000
308 In-Lieu Parking Downtown 67,700
314 Infrastructure Fund 4,000,000
322 ELM Automation Fund 360,000
324 Equipment Fund 4,650,600
350 RORF 8,290,010
352 LMIHAF 406,000
401 Debt Svc HBPFA 5,016,365
405 Debt Svc Grand Coast CFD2000-1 1,091,204
406 Debt Svc Mello Roos 264,000
408 Debt Svc McDonnell CFD 2002-1 409,970
410 Debt Svc Bella Terra 2,354,373
501 CUPA 270,018
504 Refuse Collection Service 12,290,476
506 Water 39,870,606
507 Water Master Plan 3,000,000
508 WOCWB 649,000
511 Sewer Service Fund 10,579,698
551 Self Insurance Workers' Comp 7,187,770
552 Self Insurance General Liab 4,878,333
702 Retiree Insurance Fund 1,433,880
703 Retirement Supplement 4,000,000
704 Fire JPA Fund 395,596
709 BID - Hotel/Motel 5,500,000
710 BID - Downtown 91,000
711 Parking Structure-Bella Terra 729,419
712 Parking Structure-Strand 1,667,290
716 Section 115 Trust 1,000,000
963 Sr Mobility Program 246,485
979 AB109 Public Safety Realignmen 40,000
984 SLESF Grant 12/13 261,000
1228 CalRecycle City/County CRV 50,092
1233 OC RMDZ 6,000
1234 Sust Bus Cert Program 10,000
1246 CENIC E-Rate 55,821
1247 Arterial Rehab 3,354,156
1252 Office of Traffic Safety 18/19 240,510
Total Revenue 372,464,890
EXHIBIT B
City of Huntington Beach
Estimated Revenue and Transfers In
Fiscal Year 2019/20 Budget
ATTACHMENT 2
347
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Department/Fund Title Appropriations &
Transfers Out
General Fund (Company 100)
City Council 423,433
City Attorney 2,617,309
City Clerk 862,278
City Treasurer 242,367
City Manager 2,747,624
Community Development 7,779,262
Community Services 8,552,781
Finance 6,033,343
Fire 49,060,211
Human Resources 1,953,667
Information Services 7,228,641
Library Services 5,031,733
Police 78,793,015
Public Works 25,964,567
Non-Departmental 34,549,809
Sub-Total General Fund 231,840,040
Other Funds (Company Number and Title)
101 Specific Events 751,500
122 Inmate Welfare Fund 40,000
201 Air Quality Fund 139,357
204 Fourth of July Parade 420,050
207 Gas Tax Fund 3,150,000
210 Sewer 2,500,000
212 Narcotics Forfeiture Federal 156,000
213 Measure M Fund 3,181,076
215 Rehabilitation Loans 300,000
216 Property and Evidence 50,000
217 Affordable Housing In-Lieu 300,000
219 Traffic Congestion Relief 42 1,727,000
226 Quimby Fund 418,089
228 Park Dev Impact Residential 4,154,981
229 Library Development Impact 200,000
231 Fire Facilities Dev Impact 620,000
233 Housing Residual Receipts 50,000
234 Disability Access Fund 84,000
239 CDBG 1,155,698
240 HOME 606,864
243 Surf City "3" Cable Channel 605,000
308 In-Lieu Parking Downtown 60,000
314 Infrastructure Fund 4,000,000
322 ELM Automation Fund 360,000
324 Equipment Fund 4,650,600
350 RORF 8,290,010
352 LMIHAF 816,078
401 Debt Svc HBPFA 5,016,365
405 Debt Svc Grand Coast CFD 2000-1 1,091,204
406 Debt Svc Mello Roos 264,000
EXHIBIT C
City of Huntington Beach
Proposed Appropriations & Transfers Out
Fiscal Year 2019/20 Budget
ATTACHMENT 2
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2 of 2
Department/Fund Title Appropriations &
Transfers Out
EXHIBIT C
City of Huntington Beach
Proposed Appropriations & Transfers Out
Fiscal Year 2019/20 Budget
Other Funds (Company Number and Title) - Continued
408 Debt Svc McDonnell CFD 2002-1 409,970
410 Debt Svc Bella Terra 2,354,373
501 CUPA 270,018
504 Refuse Collection Service 12,245,796
506 Water 41,543,192
507 Water Master Plan 4,700,203
508 WOCWB 649,000
511 Sewer Service Fund 11,146,192
551 Self Insurance Workers' Comp 7,187,770
552 Self Insurance General Liab 4,878,333
702 Retiree Insurance Fund 1,433,880
703 Retirement Supplement 4,000,000
704 Fire JPA Fund 402,510
709 BID Hotel/Motel 5,500,000
710 BID Downtown 91,000
711 Parking Structure-Bella Terra 729,419
712 Parking Structure-Strand 2,028,950
807 Energy Efficiency 370,000
963 Sr Mobility Program 246,485
979 AB109 Public Safety Realignment 66,439
984 SLESF Grant 12/13 261,000
1228 CalRecycle City/County CRV 50,092
509 Refuse Education 0
1233 OC Recycling Market Dvlpmt Zone 6,000
1234 Sust Bus Cert Program 10,000
1246 CENIC E-Rate 55,821
1247 Arterial Rehab 3,354,156
1252 Office of Traffic Safety 18/19 240,510
Sub-Total Other Funds 149,388,981
Total City Appropriations 381,229,021
ATTACHMENT 2
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City of Huntington Beach
City Council
Proposed Budget – FY 2019/20
Mayor
Mayor Pro -Tem
City Council Member (5)
Administrative Assistant
EXHIBIT DATTACHMENT 2
350
City of Huntington Beach
City Attorney
Proposed Budget – FY 2019/20
LITIGATION
City Attorney
COMMUNITY
PROSECUTION
Deputy Community Prosecutor Senior Deputy City Attorney (2)
ADMINISTRATION
Senior Legal Assistant
Legal Assistant (2)
Chief Assistant
City Attorney (2)
ADVISORY
Assistant City Attorney
Senior Deputy City Attorney
EXHIBIT DATTACHMENT 2
351
City of Huntington Beach
City Clerk
Proposed Budget – FY 2019/20
City Clerk
Assistant City Clerk
Senior Deputy City Clerk Senior Deputy City Clerk
RECORDS MANAGEMENT
ADMINISTRATION,
PUBLIC SUPPORT &
ELECTIONS
EXHIBIT DATTACHMENT 2
352
City of Huntington Beach
City Treasurer
Proposed Budget – FY 2019/20
City Treasurer
Administrative Analyst (0.50)
Administrative Assistant (0.50)
EXHIBIT DATTACHMENT 2
353
City of Huntington Beach
City Manager
Proposed Budget – FY 2019/20
City Manager
ADMINISTRATION
Assistant City Manager
Assistant to the City Manager
Project Manager
Executive Assistant
OFFICE OF BUSINESS
DEVELOPMENTPUBLIC INFORMATION
Community Relations Officer
Deputy Director of Economic
Development
Economic Development Project Manager
Real Estate & Project Manager
Administrative Analyst
Administrative Assistant
Administrative Secretary (.50)
Administrative Aide
EXHIBIT DATTACHMENT 2
354
City of Huntington Beach
Community Development
Proposed Budget – FY 2019/20
Director of Community
Development
ADMINISTRATION
Administrative Analyst Senior
Administrative Assistant
Administrative Secretary (2)
Office Assistant II
INSPECTION SERVICES
Inspection Supervisor (2)
Principal Electrical Inspector
Principal Plumbing & Mechanical
Inspector
Building Inspector I/II/III (9)
PERMIT & PLAN CHECK
SERVICES
Building Manager
Plan Check Engineer (2)
Permit & Plan Check Supervisor
Senior Permit Technician (3)
PLANNING
NEIGHBORHOOD
PRESERVATION &
CODE ENFORCEMENT
Code Enforcement Supervisor
Senior Code Enforcement Officer (2)
Code Enforcement Officer II (2)
Code Enforcement Officer I
Code Enforcement Technician
CURRENT & ADVANCE
PLANNING
Planning Manager
Senior Planner (3)
Associate Planner (4)
Assistant Planner (2)
Deputy Director of Community
DevelopmentPLANNING COMMISSION
EXHIBIT DATTACHMENT 2
355
City of Huntington Beach
Community Services
Proposed Budget – FY 2019/20
Director of Community Services
ADMINISTRATION
Administrative Analyst Senior
Administrative Assistant
FACILITIES & DEVELOPMENT
Community Services Manager
Administrative Secretary
PARK ACQUISITION AND DEVELOPMENT
Assistant Planner
PARKING & CAMPING
Supervisor Parking & Camping Facilities
Community Services & Recreation Specialist
Parking & Camping Crewleader
Parking & Camping Leadworker
Parking & Camping Assistant
PARKING METERS
Parking Meter Repair Technician
Parking Meter Repair Worker (2)
HCP SPORTS COMPLEX
Community Services Recreation Supervisor
Maintenance Worker
SPECIFIC EVENTS
Community Services Recreation Supervisor
PROGRAMS & SERVICES
Community Services Manager
Community Services & Recreation Specialist
SENIOR SERVICES
Senior Supervisor Human Services
Office Assistant II
Volunteer Services Coordinator
Social Worker
Senior Services Transportation Coordinator
Senior Services Assistant
Community Services & Recreation Specialist
SENIOR RECREATION
Community Services Recreation Supervisor
Community Services & Recreation Specialist
CULTURAL SERVICES
Senior Supervisor Cultural Affairs
Community Services & Recreation Specialist
CITY GYM & POOL
Community Services Recreation Supervisor
Community Services & Recreation Specialist
EDISON CENTER
Community Services Recreation Supervisor
Community Services & Recreation Specialist
MURDY CENTER
Community Services Recreation Supervisor
Community Services & Recreation Specialist
EXHIBIT DATTACHMENT 2
356
City of Huntington Beach
Finance
Proposed Budget – FY 2019/20
Chief Financial Officer
ADMINISTRATION
Administrative Assistant (1.5)
ACCOUNTING SERVICES FISCAL SERVICES
Finance Manager – Fiscal Services
MUNICIPAL SERVICES
Senior Accounting Technician
Accounting Technician II (2)
BUSINESS LICENSE
Business License Supervisor
Senior Accounting Technician
Accounting Technician II (2)
Field Service Representative
PROCUREMENT
Buyer (2)
REPROGRAPHICS
MAIL
Finance Manager - Accounting
GENERAL ACCOUNTING
Project Manager
Senior Accountant
ACCOUNTS PAYABLE
Senior Accounting Technician
Accounting Technician II (2)
PAYROLL
Payroll Specialist
Senior Payroll Technician (2)
CASHIERING &
COLLECTIONS SERVICES
Finance Manager – Treasury
Administrative Analyst (0.5)
Accounting Technician
Supervisor
CASHIERING
Accounting Technician II (2)
ACCOUNTS RECEIVABLE/
COLLECTIONS
Accounting Technician II
BUDGET MANAGEMENT
Finance Manager - Budget
Principal Finance Analyst
Senior Finance Analyst (3)
EXHIBIT DATTACHMENT 2
357
City of Huntington Beach
Fire
Proposed Budget – FY 2019/20
Fire Chief
ADMINISTRATION
Administrative Analyst Sr (2)
Administrative Aide
Administrative Assistant
FIREMED
Fire Medical Coordinator
Accounting Technician II (2)
Office Assistant II
EMERGENCY MANAGEMENT
& HOMELAND SECURITY
Fire Battalion Chief
Emergency Services
Coordinator
CENTRAL NET OPERATIONS
AUTHORITY
Fire Training Maintenance
Technician
Administrative Secretary
FIRE PREVENTION
Fire Division Chief
Administrative Secretary
PROGRAMS
Assistant Fire Marshal
Fire Protection Analyst (2)
Fire Prevention Inspector (3)
Senior Permit Technician
CERTIFIED UNIFIED
PROGRAM AGENCY
Fire Prevention Inspector
Administrative Secretary
EMERGENCY RESPONSE
Fire Division Chief
FIRE SUPPRESSION
Fire Battalion Chief (3)
Administrative Fire Captain (2)
Fire Captain (30)
Fire Engineer (30)
Firefighter Paramedic (48)
Firefighter (12)
Ambulance Operator (30)
TRAINING
Fire Battalion Chief
Administrative Fire Captain
EMERGENCY MEDICAL
SERVICES
Emergency Medical Services
Coordinator
ADMINISTRATION MARINE SAFETY
Marine Safety Division Chief
Marine Safety Lieutenant (3)
Marine Safety Officer II (10)
Administrative Secretary
EXHIBIT DATTACHMENT 2
358
City of Huntington Beach
Human Resources
Proposed Budget – FY 2019/20
Director of Human Resources
RISK MANAGEMENT RECRUITMENT &
SELECTION
LIABILITY
Risk Manager
Liability Claims Coordinator
Risk Management Specialist (2)
SAFETY / WORKERS
COMPENSATION
Senior Risk Management Analyst
Personnel Analyst
Senior
Personnel Assistant
BENEFITS &
TRAINING
Human Resources Manager
Personnel Analyst Senior
Personnel Assistant (2)
LABOR
Personnel Analyst
Principal
Personnel Analyst
Senior
Administrative Assistant
EXHIBIT DATTACHMENT 2
359
City of Huntington Beach
Information Services
Proposed Budget – FY 2019/20
ADMINISTRATION
Administrative Assistant
Info Tech Manager - Operations
IT Analyst Senior
IT Technician Senior
IT Technician III
IT Technician I
GIS Analyst II (4)
Chief Information Officer
INFRASTRUCTURE
SYSTEMS
CUSTOMER
SUPPORT
APPLICATIONS AND
DATABASE SUPPORT
PUBLIC SAFETY SYSTEMS
Info Tech Manager - Systems
(0.50)
IT Analyst Senior
IT Analyst IV (2)
IT Analyst II
IT Technician IV
Info Tech Manager - Infrastructure
Network Systems Administrator
IT Analyst Senior
IT Technician Senior
IT Analyst II
Telecommunication Technician
Senior
Info Tech Manager - Systems
(0.50)
IT Analyst Senior (2)
IT Analyst IV (2)
IT Analyst III
IT Analyst II
IT Technician I
EXHIBIT DATTACHMENT 2
360
TECHNOLOGY &
SUPPORT SERVICES
City of Huntington Beach
Library Services
Proposed Budget – FY 2019/20
Director of Library Services
Principal Librarian
ADMINISTRATION
& BUILDING
MANAGEMENT
Senior Librarian
ADMINISTRATION
Librarian
Administrative Assistant
Volunteer Services Coordinator
FACILITY RENTALS
FACILITIES MAINTENANCE
Library Specialist
YOUTH SERVICES
& FAMILY PROGRAMMING
Senior Librarian
CHILDREN’S LIBRARY
Library Services Clerk (2)
PUBLIC SERVICES &
COMMUNITY OUTREACH
Senior Librarian
PUBLIC SERVICES
Librarian (2)
Library Services Clerk (3.50)
CIRCULATION
Senior Library Specialist (0.75)
SECURITY
Media Services Specialist
ADULT LITERACY
Literacy Program Specialist (2)
BRANCHES
BANNING
Library Specialist
OAKVIEW
Library Specialist
HELEN MURPHY
MAIN STREET
Senior Librarian
TECHNICAL SERVICES
Librarian (2)
Library Services Clerk
ACQUISITIONS
Accounting Technician II (2)
EXHIBIT DATTACHMENT 2
361
City of Huntington Beach
Police
Proposed Budget – FY 2019/20
Police Chief
Assistant Chief of Police
UNIFORM
Police Captain
PATROL
Police Lieutenant (6)
Police Sergeant (13)
Police Officer (120)
Police Recruit (4)
Community Services Officer (4)
TRAFFIC
Police Lieutenant
Police Sergeant (3)
Police Officer (19)
Police Records Specialist
AIR SUPPORT
Police Sergeant
Police Officer (6)
Senior Helicopter Maintenance
Technician (2)
PARKING ENFORCEMENT
Parking/Traffic Control Supervisor
Parking/Traffic Control Officer (16)
SPECIAL ENFORCEMENT
Police Sergeant (2)
Police Officer (8)
INVESTIGATIONS
Police Captain
INVESTIGATIONS
Police Lieutenant
Police Sergeant (3)
Police Officer (22)
Forensic Systems Specialist
Crime Analyst
Police Services Specialist
Community Services Officer (4)
NARCOTICS/VICE/INTEL/CTF
Police Lieutenant
Police Sergeant (3)
Police Officer (11)
Police Services Specialist
Community Services Officer
OCIAC TASK FORCE
Police Officer
JAIL
Detention Administrator
Detention Shift Supervisor (4)
Detention Officer, Nurse (4)
Detention Officer (9)
ADMINISTRATIVE OPERATIONS
Police Captain
PROFESSIONAL STANDARDS
Police Lieutenant
Police Sergeant (2)
Police Officer (2)
SUPPORT SERVICES
Police Administrative Services Division
Manager
Facilities Maintenance Crewleader
Community Relations Specialist
RECORDS
Police Records Administrator
Police Records Supervisor (3)
Police Records Specialist (10)
Police Records Technician (6)
Police Services Specialist (5)
Police Systems Coordinator
TRAINING
Police Sergeant
Police Officer
Police Services Specialist
ALARMS
Police Services Specialist
PERSONNEL
Personnel Analyst Principal
Police Services Specialist
BUDGET/PAYROLL
Administrative Analyst Senior
Accounting Technician II (3)
COMMUNICATIONS
Police Communications Manager
Communications Supervisor (6)
Communications Operator (18)
GENERAL SERVICES/PROPERTY
EVIDENCE
Property and Evidence Supervisor
Property and Evidence Officer (3)
CRIME LAB
Police Photo/Imaging Specialist
Latent Fingerprint Examiner (2.50)
Police Services Specialist
Crime Scene Investigator (2)
Community Services Officer (4)
Administrative Assistant
EXHIBIT DATTACHMENT 2
362
GENERAL SERVICES
City of Huntington Beach
Public Works
Proposed Budget – FY 2019/20
Director of Public Works
ADMINISTRATION
Project Manager
Administrative Assistant
Senior Accounting Technician
Accounting Technician II
Administrative Secretary
Office Specialist
ENGINEERING
City Engineer
CONSTRUCTION ENGINEERING
Construction Manager
Senior Construction Inspector (3)
Survey Party Chief
Survey Technician II (2)
Contract Administrator (3)
Construction Inspector II
DESIGN ENGINEERING
Senior Civil Engineer (2)
Senior Engineering Technician
DEVELOPMENT ENGINEERING
Principal Civil Engineer
Senior Civil Engineer (2)
Civil Engineering Assistant
WATER AND SEWER
ENGINEERING
Principal Civil Engineer (2)
Senior Civil Engineer
Civil Engineering Assistant
Associate Civil Engineer
Assistant Civil Engineer
STORM WATER QUALITY
Environmental Service Manager
Admin. Environmental Specialist (2)
TRANSPORTATION
Transportation Manager
ENGINEERING/ CIP
Principal Civil Engineer
Senior Traffic Engineer (2)
Traffic Engineering Technician
SIGNAL & LIGHTS MAINTENANCE
Traffic Signal/Light Crewleader
Traffic Signal Electrician (2)
Traffic Maint Service Worker (2)
SIGNS & MARKINGS
MAINTENANCE
Signs & Markings Crewleader
Signs Leadworker
Signs/Markings Equipment Operator
MAINTENANCE OPERATIONS
Maintenance Operations Manager
MAINTENANCE ADMINISTRATION
Administrative Analyst Senior
Administrative Secretary
Accounting Technician II
Office Assistant II
LANDSCAPE MAINTENANCE
Landscape Maintenance Supervisor
Landscape Maintenance Crewleader
Landscape Maint. Leadworker (3)
Landscape Equipment Operator
Pest Control Specialist
Irrigation Specialist
TREE MAINTENANCE
Tree Maintenance Supervisor
Tree Maintenance Crewleader
Tree Maintenance Leadworker
Tree Equipment Operator (3)
Maintenance Service Worker
STREET MAINTENANCE
Street Maintenance Supervisor
Street Maintenance Crewleader
Street Maintenance Leadworker (2)
Street Equipment Operator (3)
Maintenance Service Worker (6)
BEACH MAINTENANCE
Beach Operations Supervisor
Beach Maintenance Crewleader (2)
Sr. Facilities Maintenance Technician
Beach Equipment Operator (3)
Beach Maintenance Service Worker
UTILITIES
Utilities Manager
WATER & SEWER ADMINISTRATION
Administrative Analyst Senior
Water Conservation Coordinator
Field Service Representative
SCADA Coordinator
SCADA Technician
Warehousekeeper
Equipment Support Assistant
Stock Clerk
Administrative Secretary
Office Assistant II (2)
WATER PRODUCTION/ QUALITY
Water Production Supervisor
Water Operations Crewleader
Water Operations Leadworker (2)
Water Systems Technician III (3)
Water Systems Technician II (5)
Water Quality Supervisor
Water Quality Coordinator
Cross Connection Control Specialist (2)
Water Quality Technician
WATER DISTRIBUTION/ METERS
Water Distribution Supervisor
Water Dist. Maint. Crewleader (2)
Water Dist. Meters Crewleader
Engineering Aide
Water Dist. Maint. Leadworker (6)
Water Dist. Meters Leadworker (2)
Water Equipment Operator (4)
Water Service Worker (13)
Water Meter Repair Technician (5)
Senior Water Meter Reader
Field Service Representative
Water Meter Reader (2)
Accounting Technician II
Water Utility Locator
WASTEWATER
Wastewater Supervisor
Wastewater Ops Crewleader
Wastewater Ops Leadworker (3)
Wastewater Equipment Operator (5)
Senior Wastewater Pump Mechanic
Wastewater Pump Mechanic
Wastewater Maint. Service Worker (7)
General Services Manager
GENERAL SERVICES
ADMINISTRATION
Code Enforcement Officer l
Field Service Representative
Office Assistant II
FLEET MAINTENANCE
Fleet Operations Supervisor
Equip/Auto Maint. Crewleader (2)
Equip/Auto Maint. Leadworker (3)
Equipment Support Assistant
Mechanic III (6)
Mechanic II (4)
FACILITY MAINTENANCE
Facilities Maintenance Supervisor
Facilities Maint. Crewleader (2)
Facilities Maintenance Technician (3)
Electrician
Sr. Facilities Maintenance Technician
EXHIBIT DATTACHMENT 2
363
ATTACHMENT 3
Department Description Amount
City Attorney Legal related professional services.$117,865
City Clerk General consulting services as it relates to City Clerk overview, legal counsel, annual review and update of the records
retention schedule, new and updated legislation and other related professional services.$1,000
City Manager
Services including governmental membership, state and federal consulting/lobbying services, financial consulting,
graphic services, legal services, demographic research, management/organization efficiency studies, business
development, public information services, marketing, sustainability services, regulatory agency compliance and other
municipal governance services, economic analysis, real estate services (including but not limited to appraisals, right-of-
way services, acquisitions, title reporting, etc.), parking consulting, engineering services, homeless services,
CDBG/HOME consulting, inspection services, website services, site selection service, and other related professional
services. $404,667
Community
Development
Services including planning and technical services, inspection services, plan check services and other related
professional services.$630,000
Community Services
Services including professional design, environmental services, architectural services, engineering services,
coordination and public relations for the 4th of July Celebration, Run and Parade, and other related professional
services.$130,000
Finance Services including Professional Services audits, Sales Tax auditing, Property Tax auditing, and other related financial
consulting and professional services.$262,364
Fire
Services including fire and development plan check and inspections, environmental and soils consulting, hazardous
materials inspections of City businesses, oil production inspections, evaluation of oil production system, testing and
document preparation, evaluation of emergency services, paramedic/ambulance service billing, physical examinations
and pulmonary consulting for personnel, employment background and other investigative services, psychological
testing, and other related professional services.$536,966
Human Resources Services including legal services, recruitment, medical professional reviews, labor consulting, training and other related
professional services.$962,500
Information Services
Services including consulting, audit security services, phone support, workshops for Business Intelligence,
Infrastructure Systems services, Public Safety Systems services, services for the Application and Database Support
Divisions, and other related professional services.$18,413
Library Services Library related consulting services.$50,000
Police
Services including psychological exams, background checks, polygraph, legal consultations, rape and medical exams,
blood-withdraw technician services, annual medical physician review of facility and procedures, crime prevention
services, juvenile diversion services, gang prevention services, hazmat physical exams, flight crew physicals, SWAT
physicals, hepatitis shots & TB testing, and other related professional services.$335,825
Public Works
Services including engineering services, design, engineering studies, inspections, construction management,
development review, SCADA and related automation support services, water quality testing and support services,
engineering technical support services, litigation and legal services, water conservation support services, NPDES/FOG
inspections, utilities rate studies, billing/cashiering system support, professional arborist services, traffic studies,
special training services, wildlife biologist services, solid waste consulting, environmental consulting, Asset
Management System consulting, and other related professional services.$2,143,720
Non-Departmental Services including claims review, litigation and legal services, auditing, recruitment services, appraisal services,
economic analysis, housing compliance services and other related professional services. $648,147
Total Professional Services $6,241,467
Citywide (All Funds)
CITY OF HUNTINGTON BEACH
PROFESSIONAL SERVICES
FISCAL YEAR 2019/20
364
City of Huntington Beach
File #:19-623 MEETING DATE:6/3/2019
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Lori Ann Farrell Harrison, Interim City Manager
PREPARED BY:Kellee Fritzal, Deputy Director of Economic Development
Subject:
Conduct a Tax and Equity Fiscal Responsibility Act (“TEFRA”) public hearing and adopt
Resolution No. 2019-41 approving the financing of the construction of improvements to the
Pegasus School, located at 19692 Lexington Lane, with no City obligations
Statement of Issue:
The City Council is asked to conduct a public hearing under the Tax and Equity Fiscal Responsibility
Act (“TEFRA”) for the purpose of making one or more loans by the California Municipal Finance
Authority (“CMFA”), a joint exercise of powers of authority and public entity of the State of California,
for the construction of educational site improvements at Pegasus School, located at 19692 Lexington
Lane, in an amount not to exceed $13,000,000, (the “Loans”). The Loans would be for the purposes
of financing the costs of the construction of a science and technology building, remodeling current
middle school classrooms, restructuring a parking lot, and upgrading the middle school quad. It will
also include the associated design, engineering and planning costs related thereto, and related
capital project costs (the “Facilities”) and paying related expenses incurred in connection with the
making of the Loans (collectively, the “Project”).
Financial Impact:
The Loans to be issued by the CMFA for the Project, will be the sole responsibility of the School, and
the City will have no financial, legal, moral obligation, liability or responsibility for the Project or the
repayment of the Bonds for the financing of the Project. All financing documents with respect to the
issuance of the Loans,will contain clear disclaimers that the Loans are not obligations of the City or
the State of California, but are to be paid for solely from funds provided by the School.
The Board of Directors of the California Foundation for Stronger Communities, a California non-profit
public benefit corporation (the “Foundation”), acts as the Board of Directors for the CMFA. Through
its conduit issuance activities, the CMFA shares a portion of the issuance fees it receives with its
member communities and donates a portion of these issuance fees to the Foundation for the support
of local charities. With respect to the City of Huntington Beach, it is expected that that a portion of
the issuance fee attributable to the City will be granted by the CMFA to the general fund of the City.
Such grant may be used for any lawful purpose of the City. The School will be the beneficiary of the
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CMFA’s charitable donation through a 25% reduction in issuance fees.
Recommended Action:
A) Conduct the public hearing under the requirements of TEFRA and the Internal Revenue Code of
1986, as amended (the “IRS Code”); and,
B) Adopt Resolution No. 2019-41, “A Resolution of the City Council of the City of Huntington Beach
approving the making of the one or more loans by First Republic Bank to the California Municipal
Finance Authority in a Principal Amount not to Exceed $13,000,000, for the Purpose of Financing
the Costs of Certain Improvements to a School Commonly Known as the Pegasus School and
Certain Other Matters relating thereto.”
Alternative Action(s):
Do not approve the Resolution and direct staff as necessary.
Analysis:
The Pegasus School requested that the CMFA serve as the municipal issuer of the Loans in an
aggregate principal amount not to exceed $13,000,000 of tax-exempt loans. The proceeds of the
Loans will be used for the purposes of financing the costs of the construction of a science and
technology building, remodeling current middle school classrooms, restructuring a parking lot, and
upgrading the middle school quad. It also includes all associated design, engineering and planning
costs related thereto, of a school commonly known as The Pegasus School, located at 19692
Lexington Lane, Huntington Beach, California and related capital project costs and paying related
expenses incurred in connection with the making of the Loans.
In order for all or a portion of the Loans to qualify as tax-exempt bonds, the City of Huntington Beach
must conduct a public hearing (the “TEFRA Hearing”) providing for the members of the community an
opportunity to speak in favor of or against the use of tax-exempt loans for the financing of the Project.
Prior to such TEFRA Hearing, reasonable notice must be provided to the members of the community.
Following the close of the TEFRA Hearing, an “applicable elected representative” of the
governmental unit hosting the Project must provide its approval of the Bond issuance for the
financing of the Project.
The CMFA was created on January 1, 2004 pursuant to a joint exercise of powers agreement to
promote economic, cultural and community development, through the financing of economic
development and charitable activities throughout California. To date, over 310 municipalities have
become members of CMFA.
The Board of Directors of the California Foundation for Stronger Communities, a California non-profit
public benefit corporation (the “Foundation”), acts as the Board of Directors for the CMFA. Through
its conduit issuance activities, the CMFA shares a portion of the issuance fees it receives with its
member communities and donates a portion of these issuance fees to the Foundation for the support
of local charities. With respect to the City of Huntington Beach, it is expected that that a portion of
the issuance fee attributable to the City will be granted by the CMFA to the general fund of the City.
Such grant may be used for any lawful purpose of the City. The School will be the beneficiary of the
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File #:19-623 MEETING DATE:6/3/2019
CMFA’s charitable donation through a 25% reduction in issuance fees.
The CMFA was formed to assist local governments, non-profit organizations and businesses with the
issuance of taxable and tax-exempt debt aimed at improving the standard of living in California. The
CMFA’s representatives and its Board of Directors have considerable experience in bond financings.
Environmental Status:
Applicant will adhere to all CEQA regulations
Strategic Plan Goal:
Non-Applicable - Administrative Item
Attachment(s):
1. Resolution No. 2019-41, “A Resolution of the City Council of the City of Huntington Beach
Approving the making of the one or more loans by First Republic Bank to the California Municipal
Finance Authority in a Principal Amount not to Exceed $13,000,000, for the Purpose of Financing
the Costs of Certain Improvements to a School Commonly Known as the Pegasus School and
Certain Other Matters relating thereto.”
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369
City of Huntington Beach
File #:19-624 MEETING DATE:6/3/2019
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Lori Ann Farrell Harrison, Interim City Manager
PREPARED BY:Kellee Fritzal, Deputy Director of Economic Development
Subject:
Conduct a Tax and Equity Fiscal Responsibility Act (“TEFRA”) public hearing and adopt
Resolution No. 2019-40 approving the issuance by the California Statewide Communities
Development Authority (“CSCDA”) of Multifamily Housing Revenue Bonds in an amount not
to exceed $30,000,000 for Huntington Pointe Apartments, located at 18992 Florida St., with no
City obligations
Statement of Issue:
The City Council is asked to conduct a public hearing under the Tax and Equity Fiscal Responsibility
Act (“TEFRA”) in connection with the proposed issuance of tax-exempt bonds by the California
Statewide Communities Development Authority (“CSCDA”) for Huntington Pointe, an existing 104-
unit affordable multifamily housing rental project located at 18992 Florida Street (the “Project”), in an
aggregate principal amount not to exceed $30,000,000 (the “Bonds”). The Bond proceeds will be
used for the purpose of enabling the Borrower to proceed with the acquisition, rehabilitation,
improvement and equipping of the multifamily housing rental project.
Financial Impact:
There is no fiscal impact to the City. The Bonds will be issued as limited obligations of CSCDA,
payable solely from revenues and receipts derived from a loan to be made by CSCDA to the
Borrower with the Bond proceeds. The City bears no liability with respect to the issuance of the
Bonds. Furthermore, the City is not a party to any of the financing documents related to the Bond
issuance and is not named in any of the disclosure documents describing the Bonds or the proposed
financing.
Recommended Action:
A) Conduct a public hearing under the requirements of TEFRA and the Internal Revenue Code of
1986, as amended (“IRS Code”), in consideration of the issuance of tax-exempt bond
financing by the California Statewide Communities Development Authority for the benefit of
Huntington Pointe 2019 LP, to provide re-financing for the acquisition, rehabilitation,
improvement, and equipping of an existing 104-unit multifamily rental housing project
generally known as Huntington Pointe Apartments, and;
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File #:19-624 MEETING DATE:6/3/2019
B) Adopt Resolution No. 2019-40 “A Resolution of the City Council of the City of Huntington
Beach approving the issuance by the California Statewide Communities Development
Authority of Multifamily Housing Revenue Bonds for Huntington Pointe Apartments.”
Alternative Action(s):
Do not approve the Resolution and direct staff as necessary.
Analysis:
Huntington Pointe is an existing 104-unit affordable multifamily housing rental project located at
18992 Florida Street. In 2001, the City assisted in the acquisition and rehabilitation of the apartment
complex to create affordable rental units. The owner of the property, Huntington Pointe 2019 LP has
requested the City to authorize the issuances of the Bonds. In order for all or a portion of the Bonds
to qualify as tax-exempt bonds, the City of Huntington Beach (“City”) must conduct a public hearing
(the “TEFRA Hearing”) providing the members of the community an opportunity to speak in favor of
or against the use of tax-exempt bonds for the financing of the Project. Adoption of the resolution is
solely for the purposes of satisfying the requirements of TEFRA, the IRS Code and the California
Government Code Section 6500. Prior to the TEFRA Hearing, reasonable notice must be provided to
the members of the community. Following the close of the TEFRA Hearing, an “applicable elected
representative” of the governmental unit hosting the Project must provide its approval of the issuance
of the Bonds for the financing of the Project. A public notice was published on May 23, 2019.
CSCDA is a joint powers authority sponsored by the League of California Cities ("League") and the
California State Association of Counties ("CSAC"). CSCDA was created by the League and CSAC in
1988 to enable local government and eligible private entities access to low-cost, tax-exempt financing
for projects that provide a tangible public benefit, contribute to social and economic growth and
improve the overall quality of life in local communities throughout California. CSCDA is comprised of
more than 530 members, including the City of Huntington Beach. CSCDA has issued more than $60
billion through 1,600 plus financings since 1988 and consistently ranks in the top 10 of more than
3,000 nationwide public issuers of tax-exempt debt, as measured by annual issuance amount.
Environmental Status:
Not Applicable
Strategic Plan Goal:
Non-Applicable - Administrative Item
Attachment(s):
1. Resolution No. 2019- 40, “A Resolution of the City Council of the City of Huntington Beach
Approving the issuance by the California Statewide Communities Development Authority of
multifamily housing revenue bonds for Huntington Pointe Apartments”
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373
City of Huntington Beach
File #:19-625 MEETING DATE:6/3/2019
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Lori Ann Farrell Harrison, Interim City Manager
PREPARED BY:Kellee Fritzal, Deputy Director of Economic Development
Subject:
Conduct a Tax and Equity Fiscal Responsibility Act (“TEFRA”) public hearing and adopt
Resolution No. 2019-39 approving the issuance by the California Statewide Communities
Development Authority (“CDCDA”) of Multifamily Housing Revenue Bonds in an amount not
to exceed $28,000,000 for Hermosa Vista Apartments, located at 15363 & 15425 Goldenwest
St., with no City obligations
Statement of Issue:
The City Council is asked to conduct a public hearing under the Tax and Equity Responsibility Act
(“TEFRA”) in connection with the proposed issuance of tax-exempt bonds by the California Statewide
Communities Development Authority (“CSCDA”) to issue Multifamily Housing Revenue Bonds for the
Hermosa Vista Apartments, an existing 88-unit apartment complex located at 15363 & 15425
Goldenwest Street (the “Project”), in an aggregate amount no to exceed $28,000,000 (the “Bonds”).
The Bond proceeds will be used by the Borrower for the purpose of re-financing the acquisition,
rehabilitation, improvement, and equipping of the multifamily housing rental project.
Financial Impact:
There is no fiscal impact to the City. The Bonds will be issued as limited obligations of CSCDA,
payable solely from revenues and receipts derived from a loan to be made by CSCDA to the
Borrower with the Bond proceeds. The City bears no liability with respect to the issuance of the
Bonds. Further, the City is not a party to any of the financing documents related to the Bond
issuance and is not named in any of the disclosure documents describing the Bonds or the proposed
financing.
Recommended Action:
A) Conduct a public hearing under the requirements of TEFRA and the Internal Revenue Code of
1986, as amended (“IRS Code”), in consideration of the issuance of tax-exempt bond financing
by the California Statewide Communities Development Authority for the benefit of Hermosa
2019 LP, to provide financing for the acquisition, rehabilitation, improvement, and equipping of
an 88-unit multifamily rental housing project generally known as Hermosa Vista Apartments,
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File #:19-625 MEETING DATE:6/3/2019
and;
B) Adopt Resolution No. 2019-39 “A Resolution of the City Council of the City of Huntington Beach
Approving the Issuance by the California Statewide Communities Development Authority of
Multifamily Housing Revenue Bonds for Hermosa Vista Apartments.”
Alternative Action(s):
Do not approve the issuance of the bonds and direct staff as necessary.
Analysis:
Hermosa Vista is an existing 88-unit affordable housing rental project. In 2003, the City assisted in
the acquisition of the site, using Redevelopment Agency funds, HOME funds and tax credits.The
owner, Hermosa 2019 LP, has requested the City to authorize the application for the tax-exempt
bonds.
The proceeds of the Bonds will be used for the purpose of making a loan to the Borrower, to enable
the Borrower to re-finance the acquisition, rehabilitation, improvement and equipping of the housing
rental project located at 15363 & 15425 Goldenwest Street (the “Project”), which will continued to be
owned and operated by Hermosa 2019 LP.
In order for all or a portion of the Bonds to qualify as tax-exempt bonds, the City of Huntington Beach
(“City”) must conduct a public hearing (the “TEFRA Hearing”) providing the members of the
community an opportunity to speak in favor of or against the use of tax-exempt bonds for the
financing of the Project. Adoption of the resolution is solely for the purposes of satisfying the
requirements of the Tax Equity and Fiscal Responsibility Act (TEFRA), the IRS Code and the
California Government Code Section 6500 (and following). Prior to such TEFRA Hearing, reasonable
notice must be provided to the members of the community. Following the close of the TEFRA
Hearing, an “applicable elected representative” of the governmental unit hosting the Project must
provide its approval of the issuance of the Bonds for the financing of the Project. A public notice was
published on May 23, 2019.
CSCDA is a joint powers authority sponsored by the League of California Cities ("League") and the
California State Association of Counties ("CSAC"). CSCDA was created by the League and CSAC in
1988 to enable local government and eligible private entities access to low-cost, tax-exempt financing
for projects that provide a tangible public benefit, contribute to social and economic growth and
improve the overall quality of life in local communities throughout California. CSCDA is comprised of
more than 530 members, including the City of Huntington Beach. CSCDA has issued more than $60
billion through 1,600 plus financings since 1988 and consistently ranks in the top 10 of more than
3,000 nationwide public issuers of tax-exempt debt, as measured by annual issuance amount.
Environmental Status:
Not applicable
Strategic Plan Goal:
Non-Applicable - Administrative Item
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File #:19-625 MEETING DATE:6/3/2019
Attachment(s):
1. Resolution No. 2019-39, “A Resolution of the City Council of the City of Huntington Beach
Approving the Issuance by the California Statewide Communities Development Authority of
Multifamily Housing Revenue Bonds for Hermosa Vista Apartments.”
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378
City of Huntington Beach
File #:19-644 MEETING DATE:6/3/2019
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Lori Ann Farrell Harrison, Interim City Manager
PREPARED BY:Gilbert Garcia, Chief Financial Officer
Subject:
Approve for Introduction Ordinance No. 4182 Amending Huntington Beach Municipal Code
Chapter 2.109 Related to the Finance Commission
Statement of Issue:
City Council authorization is requested to amend the City of Huntington Beach Municipal Code
Section 2.109 related to the Finance Commission to help clarify its role and responsibilities as
requested by the City Council on May 20, 2019.
Financial Impact:
Not applicable.
Recommended Action:
Approve for introduction Ordinance No. 4182, "An Ordinance of the City of Huntington Beach
Amending Sections 2.109.020, 2.109.040, 2.109.060 of the Huntington Beach Municipal Code
Relating to the Finance Commission."
Alternative Action(s):
Do not approve the recommended action and direct staff accordingly.
Analysis:
On March 15, 1993, the City Council created a Finance Board by adopting Ordinance No. 3184,
adding Chapter 2.109 to the Huntington Beach Municipal Code (HBMC).
On February 22, 2011, the City Council adopted Ordinance No. 3911, deleting Chapter 2.110, and
amending Chapter 2.109, creating a Finance and Investment Advisory Board.
On November 7, 2011, the City Council adopted Ordinance No. 3923, repealing and deleting Chapter
2.109 pertaining to the Finance and Investment Advisory Board.
On May 18, 2015, the City Council adopted Ordinance No. 4056, adding Chapter 2.109 and creating
the Finance Commission.
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HMBC Section 2.109.030 describes the purpose of the Finance Commission as follows: “The
Finance Commission shall act in an advisory capacity to the City Council in matters pertaining to
financial planning.” Financial planning touches on nearly every aspect of City operations. This
language provides the City Council full discretion to task the Finance Commission to work on a broad
range of financial matters.
HBMC Section 2.109.040, which describes the duties of the Finance Commission, is also broad
which may inadvertently lead to some confusion. The intent of the proposed changes to HBMC
2.109 is to establish clearer roles and responsibilities for the Finance Commission as an advisory
board to the City Council.
Staff completed a survey of all Orange County cities in order to determine whether there are industry
standards, or best practices, with respect to the role and composition of Finance Commissions. Only
three (3) other Orange County cities have a Finance Commission that consists of local residents
and/or business owners. Those cities are Anaheim, Costa Mesa, and Irvine. Newport Beach has a
Finance Committee that consists of three (3) Councilmembers and two (2) members of the public.
The City of Yorba Linda has a Finance Committee that consists of two (2) Councilmembers . The City
of Dana Point disbanded its Finance Commission in favor of a Financial Review Committee, which
consists of five (5) members: two (2) public, one (1) staff (City Manager) and two (2) Council
Members (Mayor as Chair, and Mayor Pro Tem as Vice Chair).
Staff researched the role of Finance Commissions in other cities and also evaluated the past
practices of the City of Huntington Beach’s Finance Commission over the past few years. The
Finance Commission has completed a number of important projects in the past, such as a
comprehensive review of the financial statements and funds of the Downtown Business Improvement
District (BID); an analysis of the proposed amendments to the Citywide Master Fee and Charges
Schedule; and a review of recommendations provided by staff to the City Council on proposed
Budget Balancing Measures.
In each of these cases, the City Council requested that the Finance Commission study these items
and develop recommendations for City Council consideration. Much of the most valuable work that
the Finance Commission has done has been driven by the City Council’s priorities and specific
direction providing a clear nexus between the work of the Finance Commission and the priorities of
the City Council. The intent of the proposed ordinance is to clarify the role of the Finance
Commission as an advisory body that fills an important role in providing public transparency and
feedback regarding specific financial matters of particular interest to the City Council. Moreover, the
proposed changes serve to more appropriately align the Ordinance with the City Council’s past
practice in tasking the Finance Commission with the special projects and assignments that are of the
greatest priority to the City Council as a governing body.
Environmental Status:
Not applicable.
Strategic Plan Goal:
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Enhance and maintain high quality City services
Attachment(s):
1. Ordinance No. 4182, "An Ordinance of the City of Huntington Beach Amending Sections
2.109.020, 2.109.040, 2.109.060 of the Huntington Beach Municipal Code Relating to the Finance
Commission."
2. Legislative Draft
3. Comparison Chart of Other Orange County Cities
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ORANGE COUNTY CITIES THAT HAVE A CITIZEN FINANCE COMMISSION
City
Commission Name
Meetings
Anaheim Budget, Investment, and Technology Commission (BIT) At least quarterly
Costa Mesa Finance & Pension Advisory Committee Monthly
Irvine Finance Commission At least monthly
ORANGE COUNTY CITIES THAT HAVE A BLENDED FINANCE COMMISSION
Dana Point Financial Review Committee consisting of Councilmembers, staff and public
Newport Beach Finance Committee consisting of Councilmembers and public
ORANGE COUNTY CITIES THAT DO NOT HAVE A CITIZEN FINANCE COMMISSION
Aliso Viejo
Brea Investment Advisory Committee consisting of Councilmember, staff and public
Buena Park
Cypress
Fountain Valley
Fullerton Investment Advisory Committee consisting of Councilmember, staff and public
Garden Grove Measure O - Citizen's Oversight Committee
La Habra
La Palma
La Palma City Council motion to establish Finance Commission based on Irvine model failed
August 6, 2013
Laguna Beach
Laguna Hills
Laguna Niguel Investment, Banking & Audit Committee consisting of Councilmembers and public
Laguna Woods Investment Policy Review Committee consisting of two Councilmembers
Lake Forest
Los Alamitos
Mission Viejo Investment Advisory Commission
Orange Audit Committee consisting of staff and public
Placentia Financial Audit Oversight Committee
Rancho Santa
Margarita
San Juan Capistrano
San Clemente Investment Advisory Committee consisting of Councilmember, staff and public
Santa Ana
Economic Development, Infrastructure, Budget & Technology consisting of three
Councilmembers
Seal Beach
Stanton
Tustin Audit Commission
Villa Park Investment Advisory Committee consisting of Councilmembers and public
Westminster Citizens Oversight Committee - transactions and use tax review committee
Yorba Linda Finance Committee consisting of two Councilmembers
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