HomeMy WebLinkAbout2019-11-04 Agenda Packet
AGENDA – REVISED FINAL
CITY COUNCIL/PUBLIC FINANCING AUTHORITY
Monday, November 4, 2019
Council Chambers
2000 Main Street
Huntington Beach, CA 92648
No Study Session / Closed Session - 5:00 PM
Housing Authority Special Meeting – 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
OLIVER CHI, City Manager
MICHAEL E. GATES, City Attorney
ROBIN ESTANISLAU, City Clerk
ALISA BACKSTROM, City Treasurer
MEETING ASSISTANCE NOTICE: In accordance with the Americans with Disabilities Act, services are available to members
of our community who require special assistance to participate in public meetings. If you require special assistance,
48- hour prior notification will enable the City to make reasonable arrangements for an assisted listening device (ALD) for the
hearing impaired, American Sign Language interpreters, a reader during the meeting and/or large print agendas. Please
contact the City Clerk’s Office at (714) 536-5227 for more information, or request assistance from the staff or
Sergeant-at-Arms at the meeting.
PUBLIC COMMENTS: To address the legislative body on items of interest not scheduled for public hearing, Request to
Speak forms will be made available at the meeting and are collected by the staff or Sergeant at Arms. Some legislative
bodies may provide different Request to Speak forms for public hearing items.
AUDIO/VIDEO ACCESS TO BROADCASTED MEETINGS: City Council and Planning Commission meetings are televised live
on HBTV-3 Channel 3, and can be viewed via live or archived website at https://huntingtonbeach.legistar.com. 1
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AGENDA November 4, 2019
5:00 PM - COUNCIL CHAMBERS
CALL TO ORDER
ROLL CALL
Brenden, Carr, Semeta, Peterson, Posey, Delgleize, Hardy
Mayor Peterson has requested permission to be absent pursuant to Resolution No. 2001-54
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS PERTAINING TO CLOSED SESSION
PUBLIC COMMENTS PERTAINING TO CLOSED SESSION ITEMS (3 Minute Time Limit)
RECESS TO CLOSED SESSION
CLOSED SESSION ANNOUNCEMENT(S)
1. 19-1113 Mayor Pro Tem Semeta to announce: Pursuant to Government
Code § 54957.6, the City Council shall recess into Closed Session to
meet with its designated labor negotiators: Oliver Chi, City Manager;
also in attendance: Travis Hopkins, Acting Assistant City Manager
regarding the following: Municipal Employees’ Association (MEA);
Management Employees’ Organization (MEO); Police Officers’
Association (POA), Police Management Association (PMA); Marine
Safety Management Association (MSMA) Surf City Lifeguard
Employees’ Association (SCLEA), and Non-Associated.
CLOSED SESSION
2. 19-1099
Pursuant to Government Code § 54956.9(d)(2), the City Council shall
recess into Closed Session to confer with the City Attorney
regarding potential litigation. Number of cases, three (3).
3. 19-1100 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: Cruz v. City of Huntington Beach;
USDC Case No.: 8:19-cv-1449-DOC (ADSx).
4. 19-1101 Pursuant to Government Code § 54956.9(d)(1), the City Council shall
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AGENDA November 4, 2019
recess into Closed Session to confer with the City Attorney
regarding the following lawsuit: City v. State of California (SB 54);
OCSC Case No. 30-2018-00984280.
5. 19-1112 Pursuant to Government Code § 54957.6, the City Council shall
recess into Closed Session to meet with its designated labor
negotiator: Oliver Chi, City Manager; also in attendance: Travis
Hopkins, Acting Assistant City Manager regarding the following:
Municipal Employees Association (MEA); Management Employees'
Organization (MEO); Police Officer's Association (POA); Police
Management Association (PMA); Marine Safety Management
Association (MSMA) Surf City Lifeguard Employees’ Association
(SCLEA) and Non-Associated.
*6. 19-1124 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: Californians for Homeownership,
Inc. v. City of Huntington Beach; OCSC Case No. 30-2019-01107760
6:00 PM – COUNCIL CHAMBERS
RECONVENE CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING AND CALL TO ORDER
THE SPECIAL MEETING OF THE HOUSING AUTHORITY
ROLL CALL
Brenden, Carr, Semeta, Peterson, Posey, Delgleize, Hardy
Mayor Peterson has requested permission to be absent pursuant to Resolution No. 2001-54
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.
7. 19-1087 Mark Currie of Baha’i of Huntington Beach and member of the
Greater Huntington Beach Interfaith Council
CLOSED SESSION REPORT BY CITY ATTORNEY
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AGENDA November 4, 2019
AWARDS AND PRESENTATIONS
8. 19-1115 Mayor Pro Tem Semeta to call on Board Members of the Friends of
the Huntington Beach Public Library who will present a check for
$150,000 to Director of Library Services, Stephanie Beverage, for
books and other library materials
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
CITY TREASURER'S REPORT
9. 19-809 Receive and File the City Treasurer’s September 2019 Quarterly
Investment Report
Recommended Action:
Receive and File the City Treasurer’s Quarterly Investment Report for September 2019,
pursuant to Section 17.0 of the Investment Policy of the City of Huntington Beach.
CONSENT CALENDAR
10.
19-1083
Approve and Adopt Minutes
Recommended Action:
Approve and adopt the City Council/Public Financing Authority regular meeting minutes
dated October 21, 2019, as written and on file in the office of the City Clerk.
11. 19-1040 Approve and accept donation of $150,000.00 from the Friends of the
Huntington Beach Public Library (FOTL); and, approve allocation
Recommended Action:
Approve and accept the donation from the Friends of the Huntington Beach Public Library,
and allocate $150,000.00 to Adult Donations Account 10350102.64455 for books.
12. 19-1109 Adopt Resolution No. 2019-79 Adopting the City’s Debt Management
Policy
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AGENDA November 4, 2019
Recommended Action:
Adopt Resolution No. 2019-79, “A Resolution of the City Council of the City of Huntington
Beach Adopting the City’s Debt Management Policy.”
13. 19-1004 Approve and authorize execution of Lease Agreements for two
concession buildings at the Huntington Beach Pier with Kite
Connection and Surf City Store
Recommended Action:
A) Approve and authorize the Mayor, City Clerk, and City Manager to execute “Lease
Between the City of Huntington Beach and Dave Shenkman, Doing Business As Kite
Connection International Incorporated;” and,
B) Approve and authorize the Mayor, City Clerk, and City Manager to execute “Lease
Between the City of Huntington Beach and Tina Viray and Nelson Wescott, a General
Partnership, Doing Business As the Surf City Store.”
14. 19-1089 Approve and authorize execution of License Agreements with the
County of Orange to install, operate and maintain official and secure
Ballot Drop Boxes at the Huntington Beach Civic Center, 2000 Main
Street, and the Main Street Branch Library, 525 Main Street, in
Huntington Beach
Recommended Action:
A) Approve and authorize the Mayor and City Clerk to execute a “License Agreement”
with the County of Orange for installation, operation and maintenance of a Ballot Drop
Box as identified in Exhibits A and B (License Area description and location) at the
Huntington Civic Center, 2000 Main Street, Huntington Beach; and,
B) Approve and authorize the Mayor and City Clerk to execute a “License Agreement”
with the County of Orange for installation, operation and maintenance of a Ballot Drop
Box as identified in Exhibits A and B (License Area description and location) at the Main
Street Branch Library, 525 Main Street, Huntington Beach.
15. 19-1103 Authorize the appointment of Marie Knight to the position of Director
of Organization Learning and Engagement; create the Director of
Organizational Learning & Engagement classification by approving
for introduction Ordinance No. 4200; Adopt Resolution No. 2019-78
amending the Non-Associated Salary Resolution to add the
classification of Director of Organizational Learning & Engagement,
while also clarifying the compensation range for the City Manager;
delegate authority for execution of the employment agreement for
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AGENDA November 4, 2019
the Director of Organizational Learning & Engagement to the City
Manager
Recommended Action:
A) Approve for introduction Ordinance No. 4200,” 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 Director of
Organization Learning & Engagement; and,
B) Adopt Resolution No 2019-78, “A Resolution of the City Council of the City of
Huntington Beach Modifying Salary and Benefits for Non-Represented Employees By
Adding the Director of Organizational Learning & Engagement Classification and
Establishing Compensation and Amending the Compensation for the City Manager;” and,
C) Delegate authority to the City Manager and City Attorney to execute Employment
Agreement for the Director of Organizational Learning & Engagement; and,
D) Approve the appointment of Marie Knight to the position of Director of Organizational
Learning & Engagement; and,
E) Approve and authorize the City Manager to execute the “Employment Agreement
Between the City of Huntington Beach and Marie Knight” for the position of Director of
Organizational Learning and Engagement.
16. 19-1104 Approve the appointment of Christopher Slama to the position of the
Director of Community Services and authorize the City Manager to
execute the Employment Agreement
Recommended Action:
Approve and authorize the City Manager to execute the “Employment Agreement Between
the City of Huntington Beach and Christopher Slama” for the position of Director of
Community Services.
ADMINISTRATIVE ITEMS
17.
19-1119
Approve and authorize execution of a Lease Agreement for Let’s Go
Fishing at the Huntington Beach Pier
Recommended Action:
A) Approve and authorize the Mayor, City Clerk, and City Manager to execute “Lease
between the City of Huntington Beach and Marian Johnson, a sole proprietor, doing
business as Let’s Go Fishing and Surf City Snack Bar in the City of Huntington Beach”;
and,
B) Direct staff to review expectations/options for the Pier Concession and bring back as a
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AGENDA November 4, 2019
Study Session item.
18. 19-1024 Approve and authorize execution of an Acquisition Loan Agreement
between the City and Jamboree Housing Corporation for
development of up to 43 senior apartment units located at 18431
Beach Boulevard; and approve allocation of funds
Recommended City Council and Housing Authority Action:
A) Approve the Loan Agreement (as defined later in this Staff Report) by and between the
City of Huntington Beach, the Housing Authority and JHC-Acquisitions LLC. Authorize the
City Manager/Executive Director and City Attorney/Authority Counsel to make
non-substantive changes if required; and,
B) Authorize and direct the City Manager/Executive Director, after City Attorney/Authority
Counsel review, to sign any necessary documents to implement the Agreement; and ,
C) Appropriate funds of $2.1 million from Fund 217 and $900,000 from Fund 352 for this
purpose.
19. 19-1094 Direct staff to prepare Amendments to the Housing Element of the
General Plan and to the Beach Edinger Corridor Specific Plan
(BECSP) to obtain Housing and Community Development (HCD)
certification for the purpose of being eligible to apply for SB 2 Funds
Recommended Action:
Direct staff to prepare an amendments to the Housing Element and BECSP for City
Council consideration.
COUNCILMEMBER COMMENTS (Not Agendized)
ADJOURNMENT
The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority is
Monday, November 18, 2019, at 4:00 PM in the Civic Center Council Chambers, 2000 Main Street,
Huntington Beach, California.
INTERNET ACCESS TO CITY COUNCIL/PUBLIC FINANCING AUTHORITY AGENDA AND
STAFF REPORT MATERIAL IS AVAILABLE PRIOR TO CITY COUNCIL MEETINGS AT
http://www.huntingtonbeachca.gov
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City of Huntington Beach
File #:19-1113 MEETING DATE:11/4/2019
Mayor Pro Tem Semeta to announce: Pursuant to Government Code § 54957.6, the City
Council shall recess into Closed Session to meet with its designated labor negotiators: Oliver
Chi, City Manager; also in attendance:Travis Hopkins, Acting Assistant City Manager
regarding the following: Municipal Employees’ Association (MEA); Management Employees’
Organization (MEO); Police Officers’ Association (POA), Police Management Association
(PMA); Marine Safety Management Association (MSMA) Surf City Lifeguard Employees’
Association (SCLEA), and Non-Associated.
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City of Huntington Beach
File #:19-1099 MEETING DATE:11/4/2019
Pursuant to Government Code § 54956.9(d)(2), the City Council shall recess into Closed
Session to confer with the City Attorney regarding potential litigation. Number of cases, three
(3).
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City of Huntington Beach
File #:19-1100 MEETING DATE:11/4/2019
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: Cruz v. City of
Huntington Beach; USDC Case No.: 8:19-cv-1449-DOC (ADSx).
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City of Huntington Beach
File #:19-1101 MEETING DATE:11/4/2019
Pursuant to Government Code § 54956.9(d)(1), the City Council shall recess into Closed
Session to confer with the City Attorney regarding the following lawsuit: City v. State of
California (SB 54); OCSC Case No. 30-2018-00984280.
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City of Huntington Beach
File #:19-1112 MEETING DATE:11/4/2019
Pursuant to Government Code § 54957.6, the City Council shall recess into Closed Session to
meet with its designated labor negotiator: Oliver Chi, City Manager; also in attendance: Travis
Hopkins, Acting Assistant City Manager regarding the following: Municipal Employees
Association (MEA); Management Employees' Organization (MEO); Police Officer's Association
(POA); Police Management Association (PMA); Marine Safety Management Association
(MSMA) Surf City Lifeguard Employees’ Association (SCLEA) and Non-Associated.
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City of Huntington Beach
File #:19-1124 MEETING DATE:11/4/2019
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: Californians for
Homeownership, Inc. v. City of Huntington Beach; OCSC Case No. 30-2019-01107760
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City of Huntington Beach
File #:19-1087 MEETING DATE:11/4/2019
Mark Currie of Baha’i of Huntington Beach and member of the Greater Huntington Beach
Interfaith Council
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City of Huntington Beach
File #:19-1115 MEETING DATE:11/4/2019
Mayor Pro Tem Semeta to call on Board Members of the Friends of the Huntington Beach
Public Library who will present a check for $150,000 to Director of Library Services, Stephanie
Beverage, for books and other library materials
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City of Huntington Beach
File #:19-809 MEETING DATE:11/4/2019
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Oliver Chi, City Manager
PREPARED BY:Alisa Backstrom, City Treasurer
Subject:
Receive and File the City Treasurer’s September 2019 Quarterly Investment Report
Statement of Issue:
Receive and File the City Treasurer’s Quarterly Investment Report for September 2019, pursuant to
Section 17.0 of the Investment Policy of the City of Huntington Beach.
Financial Impact:
Not Applicable
Recommended Action:
Receive and File the City Treasurer’s Quarterly Investment Report for September 2019, pursuant to
Section 17.0 of the Investment Policy of the City of Huntington Beach.
Alternative Action(s):
Deny or Critique Quarterly Report
Analysis:
Not Applicable
Environmental Status:
Not Applicable
Strategic Plan Goal:
Strengthen long-term financial and economic sustainability
Attachment(s):
1. Treasurer’s Quarterly Investment Report for September 2019
2. Treasurer’s PowerPoint Presentation for September 2019
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City of Huntington BeachQuarterly Investment Report
Quarter Ending: September 2019
Prepared by: Alisa Backstrom, MBA, CCMT, CPFIM
City Treasurer
50
Economic and Market Overview –September 2019
Slight uptick in inflation however, PCE remained under 2%
Unemployment decreased slightly to 3.5%
Federal Reserve cut interest rates: Fed Funds 1.75%-2.00%
Market volatility: trade issues, global slowing, domestic political discourse
As of:
10-Yr.
Treasury S&P 500 DJIA
9/30/2019 1.68% $2,976.74 $26,916.83
-16%+1.19%+1.19%Change from prior Quarter 51
Bond Basics
Bond Characteristics
•Loan to issuer from
investor
•Pays interest-
typically semi-annual
•Investor receives
principal back at
maturity
•Some are callable
Bond Ratings
•Rated by Rating
Agencies: S&P,
Moody’s, Fitch
•Company’s ability to
repay
•Ratings BBB/Baa or
above = Investment
Grade = Unlikely to
default
Definitions
•Face/Par Value = $
bond holder receives
at maturity
•Coupon = Annual
rate of interest
•Yield = Measure of
return
YTM
YTC
52
Portfolio Summary
As of 9/30/19
Investment Type / Market Value:
•Federal Agencies -$116.9MM
•Corporate Bonds -$52.1MM
•Treasury Securities -$15.0MM
•LAIF -$13.7MM
•MTN (IADB) -$16.4MM
TOTAL PORTFOLIO: $214.1MM
53
Investments by Type –As of September 30, 2019
54
Monthly Activity
September 2019
Investment Type
$ in 000's
Purchases/
Deposits
Calls/Maturities/
Withdrawals
Federal Agency Issues 8,000$
Local Agency Investment Fund (LAIF) *5,000$
Medium Term Notes - IADB
Corporate Bonds 3,000$
Commercial Paper
Treasury Securities
TOTAL 5,000$ 11,000$
*Includes Interest Income
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Quarterly Activity
July -September 2019
Investment Type
$ in 000's
Purchases/
Deposits
Calls/Maturities/
Withdrawals
Federal Agency Issues 5,000$ 16,000$
Local Agency Investment Fund (LAIF) *5,223$ 45,000$
Medium Term Notes - IADB
Corporate Bonds 3,000$
Commercial Paper
Treasury Securities
TOTAL 10,223$ 64,000$
*Includes Interest Income
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Portfolio Earnings
Current Year -Month September 2019:$396,532 52%
vs. previous year: $260,871
Fiscal Year-to-Date Through 9/30/19:$1,266,304 42%
vs. previous year:$893,752
Effective Rate of Return September 2019: 2.25%
Fiscal Year: 2.20%
Benchmark 2.28%
12-month avg. 1.5-year Treasury (interpolated)
57
Selected Investment Policy Compliance Requirements
The portfolio is in compliance with all relevant State regulations
and the City’s Investment Policy
INVESTMENT
TYPE
MAXIMUM
MATURITY
MAXIMUM
SPECIFIED % OF
PORTFOLIO/
MAXIMUM PER
ISSUER
MINIMUM QUALITY
REQUIREMENTS
IN
COMPLIANCE
?
Commercial Paper 270 days 25%/10%A1, "A" Rating YES
State Obligations--
CA And Others 5 years None/10%"A" Rating YES
U.S. Treasury
Obligations 5 years None None YES
U.S. Government
Agency Obligations 5 years None None YES
IBRD, IFC, IADB 5 years 10%"AA" Rating YES
Corporate Notes 5 years 30%/10%"A" Rating YES
Local Agency
Investment Fund
(LAIF)
N/A Up to $65,000,000 None
YES
Maximim Maturities No more than 50% of portfolio maturing over 4 years.YES
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City of Huntington Beach
File #:19-1083 MEETING DATE:11/4/2019
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Robin Estanislau, CMC, City Clerk
PREPARED BY:Robin Estanislau, CMC, City Clerk
Subject:
Approve and Adopt Minutes
Statement of Issue:
The City Council/Public Financing Authority regular meeting minutes of October 21, 2019 require
review and approval.
Financial Impact:
None.
Recommended Action:
Approve and adopt the City Council/Public Financing Authority regular meeting minutes dated
October 21, 2019, as written and on file in the office of the City Clerk.
Alternative Action(s):
Do not approve and/or request revision(s).
Analysis:
None.
Environmental Status:
Non-Applicable.
Strategic Plan Goal:
Non-Applicable - Administrative Item
Attachment(s):
1. October 21, 2019 CC/PFA Regular Meeting Minutes
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Minutes
City Council/Public Financing Authority
City of Huntington Beach
Monday, October 21, 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
CALL TO ORDER — 4:00 PM
ROLL CALL
Present: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy (arrived at 4:01 p.m.)
Absent: None
Pursuant to City Charter Section 309, City Attorney Michael Gates requested permission to be absent,
and Chief Assistant City Attorney Mike Vigliotta attended the meeting in his place.
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution)
Study Session
#1 19-853 PowerPoint communication submitted by Tom Herbel, Interim Public Works Director,
entitled Unfunded Capital Improvement Projects.
#2 19-1053 PowerPoint communication submitted by Oliver Chi, City Manager, entitled An Existential
Threat – Pension Cost Increases.
Closed Session
#7 19-1052 Email communication submitted by Shereen Hawkins regarding homelessness in HB.
#10 19-1071 Ten (10) email communications submitted regarding Pier Concession Request for
Proposal (RFP).
PUBLIC COMMENTS PERTAINING TO STUDY SESSION / CLOSED SESSION ITEMS
(3 Minute Time Limit) — No Speakers
STUDY SESSION
1. 19-853 Capital Improvement Project (CIP) Unfunded Capital Projects List
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Council/PFA Regular Minutes
October 21, 2019
Page 2 of 15
Interim Assistant City Manager Travis Hopkins introduced Interim Director of Public Works Tom Herbel
who introduced Principal Civil Engineer Todd Broussard who presented a PowerPoint communication
entitled: Unfunded Capital Improvement Projects with slides titled: Historical Annual CIP Budget, Overall
Need From G.F., Drainage/Flood Control (2), Facilities (3), Alleys (2), Parks & Beaches and After it's
Broken is NOT the Time to Fix it
Councilmember Carr and Engineer Broussard briefly discussed the process developed for private/public
partnership for alleys, and Engineer Broussard confirmed that currently there are no partnership
participants.
Councilmember Posey and staff discussed that approximately 10 percent (10%) of the population is
served by the 33 miles of alleys. Councilmember Posey asked for the total revenue generated last year,
this year to date, and 2020 projected Development Fees, and Interim Assistant City Manager Hopkins
agreed to report back to Council with the numbers. Councilmember Posey and Engineer Broussard
discussed ADA compliance requirements for which the City must demonstrate progress towards full
compliance.
Councilmember Brenden and Director of Library Services Stephanie Beverage discussed Central Library
Restroom ADA compliant projects which are being completed over time.
Councilmember Delgleize and Interim Director Herbel discussed the process for determining which
projects get to the top of the list, and Interim Director Herbel explained that with so many needs the
projects in the very worst condition get moved to the top, and added that there is a constant search for
funding for these projects outside of using General Funds.
Councilmember Posey explained that currently over 99% (ninety-nine percent) of projects are not
funded, and discussed the costs of alley rehabilitation with Engineer Broussard.
Councilmember Delgleize and Interim Director Herbel discussed that Southern California Edison is
currently focused on placing utilities underground generally on major arterials, but not for alleys.
Mayor Pro Tem Semeta and Interim Director Herbel discussed that it is generally less expensive to repair
or replace a pump station before it actually fails, or before it becomes an emergency repair rather than a
maintenance issue.
Mayor Peterson and Engineer Broussard discussed that the City does not have a Return on Investment
(ROI) analysis process like FEMA utilizes to assure more money than the project is worth is not being
spent, and Mayor Peterson requested a detailed breakdown of the projects under Facility Maintenance,
and asked if preventive maintenance is used.
2. 19-1053 Review of Options to Address our CalPERS Unfunded Accrued Liability
City Manager Oliver Chi presented a PowerPoint communication entitled: An Existential Threat —
Pension Cost Increases with slides titled: CalPERS Pension Cost Increases, Pension Cost Background,
How Do Pension Costs Work?, Three Different Pension Cost Areas, City of Huntington Beach Pension
Cost Areas FY 2018/19 Actuals, UAL Payments Driving Pension Cost Increases, UAL Structure Similar
To A Mortgage, UAL Cost Increase Impact On HB, UAL Payment Amounts Chart, $21.09 Million/Year,
CalPERS Overview, Has CalPERS Always Been Underfunded?, CalPERS Historical Funded Status, So
What Happened?, CalPERS Investment Returns Tanked, CalPERS Cost Increases Enacted, Additional
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Council/PFA Regular Minutes
October 21, 2019
Page 3 of 15
Increases Enacted In 2016, So...What Do We Do Now?, HB's UAL Cost Increase Scale, UAL Payments
Amounts Chart, Scale of Pending Budget Problem (2), What Are Our Options?, Refinancing Seems Like
A Good Idea, CalPERS UAL vs. POB Refinance, CalPERS Costs vs. Refinance Costs Chart, Why Is
Refinancing Cheaper?, Why Shouldn't We Refinance?, Reasons Why Refinancing Could Be A Bad Idea
(2), Reasons Why Refinancing Makes Sense (3), Additional Refinance Consideration, Savings From
Refinancing UAL Debt Should Be Conservatively Managed, Section 115 Trust, Development Of A
CalPERS UAL Policy, Proposed Next Steps, and Questions?
Mayor Peterson described the Orange County Sanitation District (OCSD) process for paying off their
Unfunded Liability, and suggested that at least half of any year's savings be set aside for future year
payments. Mayor Peterson suggested that the Finance Commission review refinancing options and work
towards fixing the problem rather than just applying a band aide solution.
Mayor Pro Tem Semeta stated her support for exploring refinance options, and suggested considering
the CalPERS 115 Trust which has lower fees and invests more aggressively.
Councilmember Posey stated his support for holding PERS responsible for poor returns while also
looking at refinance options.
Councilmember Carr and City Manager Chi discussed that CalPERS terms are non-negotiable, and
stated her support for refinancing. Councilmember Carr also suggested that both the Investment
Advisory Board and the Finance Commission be involved in the process.
Councilmember Delgleize and City Manager Chi discussed some options that other cities have used,
such as increasing sales tax, or issuing bonds, and agreed that there should be more public meetings to
discuss options after the Investment Advisory Board and Finance Commission have provided their
recommendations.
Councilmember Brenden stated his support for the stabilization that refinancing would have on the
budget, and requested a report showing how other municipalities have used pension obligation bonds
and the results.
Councilmember Hardy stated support for continued study on refinancing options, and expressed her
interest in developing a policy framework that doesn't require debate for each year's budget.
Mayor Pro Tem Semeta stated support for fiscal discipline and using annual savings to prepare for future
UAL obligations.
Councilmember Posey re-stated his frustration with CalPERS investment strategies by reading a
statement from a Point of No Returns report: "CalPERS has increased its ESG investing in activism
while converting a $3B pension surplus in 2007 to a $138B deficit as of December 2017."
Councilmember Posey reiterated his opinion that the City's effort needs to be two-fold on this issue: 1)
find the link between Environmental, Social and Governance (ESG) investing and increased employer
contributions to prove their responsibility in the situation, and 2) refinancing the UAL.
City Manager Chi explained that the new CalPERS Investment Director has private equity market
experience and there will be an effort to move away from some of the past bad investment decisions.
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A motion by Posey, second by Brenden to recess into Closed Session for discussion on Item Nos. 4-12.
With no objections, the motion passed.
RECESSED TO CLOSED SESSION — 5:19 PM
CLOSED SESSION ANNOUNCEMENT(S)
3. 19-1075 Mayor Peterson announced: Pursuant to Government Code § 54956.8, the City
Council takes this opportunity to publicly introduce and identify designated
property negotiator; City Manager, Oliver Chi, who will be participating today's in
Closed Session discussion regarding negotiations with:
The City of Costa Mesa concerning price and terms of payment for the disposition of real property
located on a portion of 3175 Airway Avenue, Costa Mesa, California,
Five Point Plaza LLC & JHC Acquisitions LLC concerning price and terms of payment for the
disposition of real property located on a portion of 18431 Beach Boulevard, Huntington Beach,
California,
Dave Shenkman concerning price and terms of payment for the disposition of real property located
on a portion of 61 Main Street, Huntington Beach, California,
Marian Johnson concerning price and terms of payment for the disposition of real property located
on a portion of 21 Main Street, Huntington Beach, California, and
Tina Viray and Nelson Wescott GP DBA as The Surf City Store concerning price and terms of
payment for the disposition of real property located on a portion of 60 Main Street, Huntington
Beach, California.
CLOSED SESSION
4. 19-1047 Pursuant to Government Code § 54956.9(d)(2), the City Council recessed into
Closed Session to confer with the City Attorney regarding potential litigation.
Number of cases, one (1).
5. 19-1048 Pursuant to Government Code § 54956.9(d)(1), the City Council recessed into
Closed Session to confer with the City Attorney regarding the following lawsuit:
Tabares (Tiffany) v. City of Huntington Beach and Eric Esparza; USDC Case No.:
8:18-cv-00821 JLS (JDEx).
6. 19-1049 Pursuant to Government Code § 54956.9(d)(1), the City Council recessed into
Closed Session to confer with the City Attorney regarding the following lawsuit:
Turman (Kathy M.) v. City of Huntington Beach; OCSC Case No.: 30-2018-01008686.
7. 19-1052 Pursuant to Government Code § 54956.8, the City Council recessed to Closed
Session to give instructions to the City’s Negotiator, Oliver Chi, City Manager,
regarding negotiations with the City of Costa Mesa concerning price and terms of
payment for the disposition of real property located on a portion of 3175 Airway
Avenue, Costa Mesa, California.
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8. 19-1069 Pursuant to Government Code § 54956.8, the City Council recessed to Closed
Session to give instructions to the City’s Negotiator, Oliver Chi, City Manager,
regarding negotiations with Five Point Plaza LLC & JHC Acquisitions LLC
concerning price and terms of payment for the disposition of real property located
on a portion of 18431 Beach Boulevard, Huntington Beach, California.
9. 19-1070 Pursuant to Government Code § 54956.8, the City Council recessed to Closed
Session to give instructions to the City’s Negotiator, Oliver Chi, City Manager,
regarding negotiations with Dave Shenkman concerning price and terms of
payment for the disposition of real property located on a portion of 61 Main Street,
Huntington Beach, California.
10. 19-1071 Pursuant to Government Code § 54956.8, the City Council recessed to Closed
Session to give instructions to the City’s Negotiator, Oliver Chi, City Manager,
regarding negotiations with Marian Johnson concerning price and terms of
payment for the disposition of real property located on a portion of 21 Main Street,
Huntington Beach, California.
11. 19-1072 Pursuant to Government Code § 54956.8, the City Council recessed to Closed
Session to give instructions to the City’s Negotiator, Oliver Chi, City Manager,
regarding negotiations with Tina Viray and Nelson Wescott GP DBA as The Surf
City Store concerning price and terms of payment for the disposition of real
property located on a portion of 60 Main Street, Huntington Beach, California.
12. 19-1073 Pursuant to Government Code § 54956.9(d)(1), the City Council recessed into
Closed Session to confer with the City Attorney regarding the following lawsuit:
Benzen Properties, LLC, et al. v. City of Huntington Beach, et al.; OCSC Case No.:
30-2019-01070544.
6:00 PM - COUNCIL CHAMBERS
RECONVENED CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING — 6:09 PM
ROLL CALL
Present: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy
Absent: None
Pursuant to City Charter Section 309, City Attorney Michael Gates requested permission to be absent,
and Chief Assistant City Attorney Mike Vigliotta attended in his place.
PLEDGE OF ALLEGIANCE — Led by Councilmember Carr
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.
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13. 19-977 Deacon Tom Concitis, St. Mary’s by the Sea Catholic Church and member of the
Greater Huntington Beach Interfaith Council
CLOSED SESSION REPORT BY CITY ATTORNEY — Chief Assistant City Attorney Mike Vigliotta
reported that Closed Session Item No. 12 regarding Benzen Properties, LLC, was not discussed.
AWARDS AND PRESENTATIONS
14. 19-980 Mayor Peterson to call on Victoria Alberty to present the "Adoptable Pet of the
Month"
15. 19-979 Mayor Peterson called on Police Chief Rob Handy who presented the Mayor’s award
to Lieutenant Oscar Garcia
Police Chief Handy introduced Lieutenant Oscar Garcia whose service with the Huntington Beach Police
Department began in 2007. Lt. Garcia has worked as a Narcotics Detective, Narcotics Sargent, SWAT
Officer, SWAT Supervisor, and currently he is the Executive Officer for the Uniform Division taking care
of schedule and administrative items. He manages the Gang Specialist and Crimes Task Force
programs as well as various Department technology projects. Chief Handy described Lt. Garcia as a man
who knows how to take the strengths of his co-officers to improve processes and procedures.
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution)
Consent Calendar
#18 19-972 Communication submitted by Amory Hansen in support of the appointment of K.C. Fockler
to the Environmental Board.
Administrative Items
#24 19-1037 PowerPoint communication submitted by Ursula Luna-Reynosa, Community Development
Director, entitled 6th Cycle Regional Housing Needs Assessment (RHNA) Update.
Ordinances for Introduction
#26 19-971 PowerPoint communication submitted by Ursula Luna-Reynosa, Community Development
Director, entitled Local Adoption of the Latest California Building Standards Code.
Councilmember Items
#28 19-1074 Communication submitted by Kathie Schey, City Archivist, regarding Plaque Assessment.
Councilmember Posey pulled Councilmember Item 28 regarding the Historic Standard Market Plaque.
PUBLIC COMMENTS (3 Minute Time Limit) — 17 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.
Garry Troxell was called to speak and shared his opinions regarding how the City treats the homeless,
downtrodden, addicts, and alcoholics, and encouraged the Council members to become a part of the
solution. (01:34:57)
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Maureen was called to speak and shared her opinions regarding blight like graffiti and the efforts to
remove it. (01:38:00)
Amory Hanson, Candidate for City Council in 2020 and Member of the Historic Resources Board, was
called to speak and asked that the Council consider communication submitted by Kathie Schey, City
Archivist, when voting on Councilmember Item 28, and stated his support for the appointment of Kevin
Fockler to the Environmental Board. (01:39:57)
Kathryn Levassiur, resident of Huntington Beach and Founding Member of the Huntington Beach Short-
Term Rental Alliance, was called to speak and stated her case for potential sustainable revenue from
Short-Term Rentals, and encouraged the City to implement processes to regulate and tax a service
which many residents are already providing. (01:41:09)
Tim Geddes, long-time resident of southeast Huntington Beach, was called to speak and shared his
opinions regarding the continuing issues from Ascon, Magnolia Tank Farm, AES, Poseidon, and Orange
County Sanitation District which he believes are negatively impacting the southeast residents of
Huntington Beach, and added that he will be the first to cheer when things improve. (01:43:51)
Mark Sheldon, 29-year resident of Huntington Beach, was called to speak and stated his support for
Consent Calendar Item 18 regarding appointment of Kevin Fockler to the Environmental Board.
(01:45:02)
Gary Sahagen, President of the Huntington Beach Longboard Crew and Former Member of the Surfing
Museum Board of Trustees, was called to speak and shared his opinions regarding the International
Surfing Museum and its status as a non-profit. (01:47:46)
Mike Downey, 53-year resident of Huntington Beach, was called to speak and shared his opinions
regarding the International Surfing Museum and encouraged Council to keep it in Surf City and managed
by local people. (01:50:26)
Jim Miller, life-time member of the International Surfing Museum and Huntington Beach surfer, was
called to speak and shared his opinions regarding the Surfing Museum and encouraged Council to keep
it in Surf City and managed by local people. (01:51:36)
Diana Dehm was called to speak and thanked the City for her three-year tenure at the International
Surfing Museum, reviewed major accomplishments during her tenure, and asked that the Council go to
bid so that an informed decision can be made. (01:52:31)
Jericho Poppler, US and World Surfing Champion, was called to speak and stated her support for
keeping the International Surfing Museum in Surf City and managed by local people. (01:55:29)
Adam Orozcu, AKA Bushman, was called to speak and stated his support for keeping the International
Surfing Museum in Surf City as an integral part of the City's culture and heritage. (01:59:21)
Becky Etfinger, 20-year resident of Huntington Beach, was called to speak and stated her support for
keeping the International Surfing Museum in Surf City and managed by local people. (02:00:30)
Andrea Roberson, a long-time resident of Huntington Beach, was called to speak and stated her support
for keeping the International Surfing Museum in Surf City and managed by local people. (02:02:30)
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Mitzy Nigh, a 3-year resident of Huntington Beach, was called to speak and shared some questions and
concerns related to a proposed permit parking plan for the frontage road on Heil Avenue near Gothard
Street. Mayor Peterson asked Ms. Nigh to complete a blue card for staff follow-up. (02:04:42)
Dennis Lynch, a resident of Huntington Beach since 1989, was called to speak and shared his concerns
about the proposed permit parking plan for the frontage road on Heil Avenue and asked that there be
opportunity for discussion with affected residents before a plan is finalized. Mayor Peterson asked Mr.
Lynch to complete a blue card for staff follow-up. (02:06:21)
Amber was called to speak and shared her concerns regarding the potential negatives impacts from the
Ascon landfill project, especially for the safety and health of Edison High School students and project
area residents. (02:09:52)
COUNCIL COMMITTEE - APPOINTMENTS - LIAISON REPORTS, AB 1234 REPORTING, AND
OPENNESS IN NEGOTIATIONS DISCLOSURES
Councilmember Posey reported meeting with the Huntington Beach Police Officers' Association
(HBPOA), and attending a West Orange County Water Board meeting to discuss methodologies to
extend the life of the water pipes; announced that West Nile virus has been detected in Huntington
Beach; and attending a Southern California Association of Government (SCAG) Community Economic
and Human Development Policy Committee meeting which voted to recommend to the Regional Council
to adopt the Draft Methodology for the Regional Housing Needs Assessment (RHNA) calculations.
Mayor Peterson reported that the Ground Water Replenishment System (GWRS) is recycling 91M
gallons of water per day, and the expansion will add 30M gallons more per day being added back to the
groundwater basin. He also attended the League of California Cities Annual Conference Closing
Luncheon and General Assembly.
CITY MANAGER’S REPORT
Interim Assistant City Manager Travis Hopkins provided updates on the Ascon Landfill Site and AES
Huntington Beach Energy projects.
CONSENT CALENDAR
Councilmember Posey pulled Consent Calendar Item No. 18 for further discussion.
16. 19-1025 Approved and Adopted Minutes
A motion was made by Semeta, second Delgleize to approve and adopt the City Council/Public
Financing Authority regular meeting minutes dated October 7, 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
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17. 19-992 Received and filed City Clerk’s quarterly listing of professional services contracts
filed in the City Clerk’s office between April 1, 2019 and June 30, 2019
A motion was made by Semeta, second Delgleize to receive and file the "List of Professional Services
Contracts Approved by Department Heads and Submitted to the Office of the City Clerk during the
Period of April 1, 2019 and June 30, 2019."
The motion carried by the following vote:
AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy
NOES: None
18. 19-972 Approved the appointments of Bud Benneman, Kevin Fockler, Kathleen McGowan,
Joan Siegal, Corvi Urling to the Environmental Board and the reappointment of
Tony Soriano to the Environmental Board as recommended by City Council
Liaisons, Councilmembers Delgleize and Hardy
Councilmember Posey pulled this item to support the appointments and reappointment to the
Environmental Board and commended the Board's efforts to keeping Huntington Beach clean, safe, and
educated.
A motion was made by Posey, second Hardy to approve the appointments of Bud Bennemen, Kevin
Fockler, Kathleen McGowan, Joan Siegal, and Corvi Urling to the Environmental Board as approved by
City Council Liaisons, Councilmembers Delgleize and Hardy, their terms to expire June 30, 2023; and,
re-appoint Tony Soriano, his term to expire June 30, 2023.
The motion carried by the following vote:
AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy
NOES: None
19. 19-964 Adopted Resolution No. 2019-64 certifying that the City has the resources to
implement the projects to be included in the Federal Transportation Improvement
Program (FTIP) as required by the Orange County Transportation Authority (OCTA)
A motion was made by Semeta, second Delgleize to adopt Resolution No. 2019-64, "A Resolution of the
City Council of the City of Huntington Beach Certifying that the City has the Resources to Fund the
Projects in the FY 2020/21 - 2025/26 Transportation Improvement Program and Affirms its Commitment
to Implement All Projects in the Program."
The motion carried by the following vote:
AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy
NOES: None
20. 19-1018 Adopted Resolution No. 2019-72 authorizing the execution and delivery of a Second
Supplemental Indenture in connection with a change in the authorized use of
proceeds of the Huntington Beach Public Financing Authority (Orange County,
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California) Lease Revenue Bonds, 2014 Series A, and authorizing the execution of
necessary documents and certificates and related actions in connection therewith
A motion was made by Semeta, second Delgleize to adopt Resolution No. 2019-72, "Resolution of the
City Council of the City of Hunting Beach Authorizing the Execution and Delivery of a Second
Supplemental Indenture in Connection with a Change in the Authorized Use of Proceeds of the
Huntington Beach Public Financing Authority (Orange County, California) Lease Revenue Bonds, 2014
Series A, and authorizing the Execution of Necessary Documents and Certificates and Related Actions in
Connection Therewith;" and, approve authorization to execute any necessary actions to comply with
Resolution 2019-72 including: 1) the inter-fund transfer of $514,651 from the Bond Project Fund (319) to
the Infrastructure Fund (314); and 2) an appropriation increase of $320,349 to the Bond Project Fund to
utilize the remaining bond proceeds on capital projects as authorized in the Bond Indenture and
Supplemental Amendments.
The motion carried by the following vote:
AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy
NOES: None
21. 19-1019 Adopted Public Financing Authority Resolution No. 24 authorizing the execution
and delivery of a Second Supplemental Indenture in connection with a change in
the authorized use of proceeds of the Huntington Beach Public Financing Authority
Lease Revenue Bonds 2014 Series A, and authorizing the execution of necessary
documents and certificates and related actions in connection therewith
A motion was made by Semeta, second Delgleize to adopt Resolution No. 24, "Resolution of the Board
of Directors of the Huntington Beach Public Financing Authority Authorizing the Execution and Delivery
of a Second Supplemental Indenture in Connection with a Change in the Authorized Use of Proceeds of
the Huntington Beach Public Financing Authority Lease Revenue Bonds 2014 Series A, and Authorizing
the Execution of Necessary Documents and Certificates and Related Actions in Connection Therewith;"
and, approve authorization to execute any necessary actions to comply with Resolution 24.
The motion carried by the following vote:
AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy
NOES: None
22. 19-1000 Approved and authorized execution of an Agreement for sharing consultant costs
for the 2019 America’s Water Infrastructure Act’s Compliance Risk and Resiliency
Assessments and Emergency Response Plans (Phases II and III) with the Municipal
Water District of Orange County (MWDOC)
A motion was made by Semeta, second Delgleize to approve and authorize the City Manager to execute
the "Agreement for Sharing Consultant Costs for 2019 AWIA Compliance Risk and Resiliency
Assessments and Emergency Response Plans for Participating Agencies (Phases II and III)" with the
Municipal Water District of Orange County (MWDOC).
The motion carried by the following vote:
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AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy
NOES: None
23. 19-1008 Approved and authorized execution of a three-year Professional Services Contract
between the City of Huntington Beach and Wittman Enterprises, LLC in the amount
of $1,080,000 to provide billing services for emergency paramedic and ambulance
services; and, increased the Fire Department’s Professional Services authority
accordingly
A motion was made by Semeta, second Delgleize to approve and authorize the Mayor and City Clerk to
execute a "Professional Services Contract Between the City of Huntington Beach and Wittman
Enterprises, LLC for Billing Services for Emergency Paramedic and Ambulance Service" in an amount
not to exceed $1,080,000 over a three-year period; and, increase the Fire Department's professional
services authority accordingly by the commensurate amount to ensure compliance with Administrative
Regulation No. 228.
The motion carried by the following vote:
AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy
NOES: None
ADMINISTRATIVE ITEMS
24. 19-1037 Received and filed the monthly status update on the 6th cycle Regional Housing
Needs Assessment (RHNA) process
City Manager Chi referred to Director of Community Development Ursula Luna-Reynosa who presented
a PowerPoint communication entitled: 6th Cycle RHNA Update with slides titled October 15, 2019 HCD
Final Regional Determination, Draft SCAG Region RHNA, RHNA Allocation: Draft SCAG Methodology,
and RHNA Next Steps.
Mayor Pro Tem Semeta shared that the SCAG Community Economic and Human Development Policy
Committee members do not feel that the California Department of Housing and Community Development
(HCD) is not following the letter of law, and the Policy Committee expects to pursue options for
addressing the situation.
Councilmember Hardy asked for the RHNA numbers for surrounding cities, and described the large
discrepancies in the past. Director Luna-Reynosa explained that the large discrepancies from past
cycles did not carry over to this cycle, but she agreed to report actual numbers back to Council.
Councilmember Posey stated that the Draft methodology included local input, approximately 248 public
comments were received, and all of the details for the process can be found at SCAG's website:
www.scag.ca.gov/rhna
Recommended Action:
Receive and file the monthly Regional Housing Needs Assessment (RHNA) process status update.
Approved by acclamation 7-0.
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25. 19-1042 Authorized the Sale of City-Owned Real Property Located at 15311 Pipeline Lane for
$2,744,000
City Manager Chi introduced this item and provided a brief history of the purchase, purpose, and current
staff recommendation for the City-Owned Real Property at 15311 Pipeline Lane.
Councilmember Posey confirmed with City Manager Chi that the existing tenant agreed to vacate the
premises within a 45-day escrow.
A motion was made by Peterson, second Posey to authorize the sale of the Pipeline Property to Steve
Chalabian and Jackie Jernigan for $2,744,000; and authorize and allocate funds for the payment of
escrow fees associated with the transaction for an amount not to exceed $19,000; and authorize and
allocate funds for the payment of associated commission fees in an amount not to exceed 2.5% of the
property sale price ($68,600) payable to Lee Associates, to be paid from the proceeds of the sale or
Residual Receipts Fund 233; and authorize the City Manager to request a 45-day period to allow for
current tenants to vacate the site prior to the close of escrow; and authorize the City Manager, with the
approval as to form by the City Attorney Office, to execute any and all necessary documents to
consummate the real estate transaction.
The motion carried by the following vote:
AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy
NOES: None
ORDINANCES FOR INTRODUCTION
26. 19-971 Approved for introduction Ordinance No. 4190 adopting the 2019 Model California
Construction Codes; and scheduled a Public Hearing for November 18, 2019
City Manager Chi introduced Building Manager Eric Haghani who presented a PowerPoint
communication entitled: Local Adoption of the Latest California Building Standards Code with slides
titled: Code Adoption Process, Building Codes, Effective Date for New Codes, Amendments, City
Outreach, Training & Preparation Efforts, and Recommendation.
Councilmember Delgleize and Manager Haghani discussed that the latest California Building Standards
Code is available on the City's website, and as flyers on counters for walk-ins.
Mayor Pro Tem Semeta confirmed with Manager Haghani that no substantive changes to the Code were
made this year.
A motion was made by Brenden, second Posey to, after the City Clerk reads by title, approve
Introduction of Ordinance No. 4190, "An Ordinance of the City of Huntington Beach Amending the
Huntington Beach Municipal Code, Title 17 - Building and Construction Chapters 17.04, 17.07, 17.40,
17.44, and 17.48 to Adopt by Reference the Current California Code of Regulations Title 24 Parts 1-12
with Regard to the 2019 Edition of the California Building Code, 2019 Edition of the California Residential
Code, 2019 Edition of the California Mechanical Code, 2019 Edition of the California Plumbing Code,
and 2019 Edition of the California Electrical Code; to Adopt the 2019 Edition of the California
Administration Code, 2019 Edition of the California Energy Code, 2019 Edition of the California Historical
Building Code, 2019 Edition of the Reference Standards Code, and the 2019 Edition of the Green
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Building Standards Code; Chapter 17.46 Amending to Reference the 2018 Uniform Swimming Pool, Spa
and Hottub Code; Chapter 17.60 Amending to Reference the 2018 Uniform Solar, Energy and Hydronic
and Geothermal Code;" (Attachment No. 1) and, direct that a Public Hearing be set for the adoption of
Ordinance No. 4190 on November 18, 2019.
The motion carried by the following vote:
AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy
NOES: None
27. 19-1022 Approved for introduction Ordinance No. 4189 amending Municipal Code Chapter
17.56 adopting the California Fire Code, 2019 Editions; and scheduled a Public
Hearing for November 18, 2019
City Manager Chi introduced Interim Fire Chief David Segura who turned the presentation over to Fire
Division Chief Tim Andre who presented a PowerPoint communication entitled: Proposed Adoption of the
2019 California Fire Code (CFC) With Local Amendments with slides titled: Background (2), Local
Amendments, Proposed Amendment Example, Amendments Repealed and Recommendation.
A motion was made by Posey, second Delgleize to, after the City Clerk reads by title, approve
introduction of Ordinance No. 4189, "An Ordinance of the City of Huntington Beach Amending Chapter
17.56 of the Huntington Beach Municipal Code Adopting the California Fire Code," 2019 edition; and,
Schedule a Public Hearing for November 18, 2019.
The motion carried by the following vote:
AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy
NOES: None
COUNCILMEMBER ITEMS
28. 19-1074 Submitted by Councilmember Posey WITHDRAWN — Updating the Historic
Standard Market Plaque at 126 Main Street
Recommended Action:
Given the information that I’ve received, and based on a review that has already been conducted by both
the City Historic Resources Board and the Huntington Beach Preserve Our Past group, I am
recommending that the City Council vote to direct staff to update the plaque located on the historic
Standard Market building with correct historical information, as outlined in the attached information
packet.
COUNCILMEMBER COMMENTS (Not Agendized)
Councilmember Carr reported that her husband had a heart attack while surfing several weeks ago, and
it was the quick action of a City Maintenance crew as well as the Emergency Response Teams which
resulted in an excellent prognosis. She expressed deep appreciation for the love and support received
from the community.
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Councilmember Hardy reported attending the Golden West College Grand Opening Ceremony for the
New Math & Science Building; Huntington Beach Fire and Police Department Open Houses; Miss
Huntington Beach Scholarship Pageant, congratulated the new Miss Huntington Beach, Mara James;
and shared with Peterson Elementary 3rd, 4th and 5th graders local Huntington Beach history and why
the City Council is needed, as well as her experiences related to running for City Council.
Councilmember Posey reported attending the Surf City Arts Fest at Triangle Park, International
Surfboard Builders Hall of Fame 20th Annual Induction Ceremony, Coldwell Banker Campbell Realtors
9th Annual Pumpkin Patch Festival, Boys and Girls Clubs of Huntington Valley 41st Annual Benefit
Dinner & Auction, and thanked the volunteers who serve on City commissions and boards for helping to
make a difference. Councilmember Posey announced that on Friday, October 25, the Association of
California Cities - Orange County (ACC-OC) will be hosting a Housing Summit at the Disney Grand
Resort, Anaheim from 8:30 a.m. - 2 p.m., where as Chair of the Housing Committee, he will be delivering
the opening and closing remarks, as well as moderating the Solutions for Orange County panel.
Councilmember Brenden thanked the new and re-appointees for serving on the Environmental Board;
reported attending the 25th Anniversary Celebration for the Orange County Conservation Corps, the
Golden West College Foundation Courtyard of Honor Ceremony to recognize alumnus City Attorney
Michael Gates, Miss Huntington Beach Scholarship Pageant, and the Boys & Girls Clubs of Huntington
Valley 41st Annual Benefit Dinner & Auction.
Councilmember Delgleize congratulated Mara James, Miss Huntington Beach, and reported attending
the Golden West College Grand Opening Ceremony of the New Math & Science Building, Old World
Reopening Community Support Event, League of California Cities - Orange County Division General
Membership Meeting on Workforce Housing, RHNA, and Regional Update Featuring SCAG's Executive
Director Kome Ajise, and an opportunity to visit the 9/11 Memorial in New York City.
Mayor Pro Tem Semeta reported presenting the City's commendation for the Golden West College
Grand Opening Ceremony of the New Math & Science Building, attending the Golden West College
Foundation Courtyard of Honor Ceremony to recognize alumnus City Attorney Michael Gates, Old World
Reopening Community Support Event, Biarritz/HB Sister City Dinner and business visit to Newlight
Technologies, the Pumpkin Patch in support of the Police and Community Foundation, Huntington Beach
Police Department Open House, Boys & Girls Clubs of Huntington Valley 41st Annual Benefit Dinner &
Auction, and congratulated Miss Huntington Beach Mara James and thanked outgoing Miss Huntington
Beach Lily Orlando for her service this past year.
Mayor Peterson reported attending the Old World Reopening Community Support Event; explaining the
purpose of City Council and answering questions from Cub Scouts meeting their Badge Requirement;
attending the Biarritz/HB Sister City Dinner and Newlight Technologies business visit, International
Surfboard Builders Hall of Fame 20th Annual Induction Ceremony, and the Miss Huntington Beach
Scholarship Pageant. Mayor Peterson thanked outgoing Miss Huntington Beach Lily Orlando for her
outstanding service this past year and congratulated Mara James, current Miss Huntington Beach. He
also reported presenting special a commendation to long-time City residents Dick and Mary Satterfield
from their neighbors for their above and beyond contributions to their neighborhood through the years.
ADJOURNMENT — 7:58 PM to the next regularly scheduled meeting of the Huntington Beach City
Council/Public Financing Authority on Monday, November 4, 2019, at 4:00 PM in the Civic Center
Council Chambers, 2000 Main Street, Huntington Beach, California.
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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
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City of Huntington Beach
File #:19-1040 MEETING DATE:11/4/2019
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Oliver Chi, City Manager
PREPARED BY:Stephanie Beverage, Director of Library Services
Subject:
Approve and accept donation of $150,000.00 from the Friends of the Huntington Beach Public
Library (FOTL); and, approve allocation
Statement of Issue:
The Friends of the Huntington Beach Public Library are donating $150,000.00 to the Library for
books. The Friends have already donated $100,000.00 this fiscal year. Donations exceeding
$100,000.00 from a single source in a fiscal year require City Council approval.
Financial Impact:
Accepting this donation brings the total donated by the Friends in FY 2019/20 to $250,000.00.
Recommended Action:
Approve and accept the donation from the Friends of the Huntington Beach Public Library, and
allocate $150,000.00 to Adult Donations Account 10350102.64455 for books.
Alternative Action(s):
Do not accept and approve the donation.
Analysis:
Since 2002, the Friends of the Huntington Beach Public Library have donated over $3 million to the
Library for books, materials and equipment. The continued generosity of the Friends makes it
possible for the Library to build and expand both the physical and digital collections for all library
locations to better serve our community.
Environmental Status:
N/A
Strategic Plan Goal:
Enhance and maintain high quality City services
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File #:19-1040 MEETING DATE:11/4/2019
Attachment(s):
None
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City of Huntington Beach
File #:19-1109 MEETING DATE:11/4/2019
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Oliver Chi, City Manager
PREPARED BY:Dahle Bulosan, Interim Chief Financial Officer
Subject:
Adopt Resolution No. 2019-79 Adopting the City’s Debt Management Policy
Statement of Issue:
Changes to California Government Code Section 8855, regarding how local agency debt is
managed, requires that the City of Huntington Beach update and formally adopt the City’s Debt
Management Policy to meet additional requirements as amended by Senate Bill 1029 (SB 1029).
Financial Impact:
Not applicable.
Recommended Action:
Adopt Resolution No. 2019-79,“A Resolution of the City Council of the City of Huntington Beach
Adopting the City’s Debt Management Policy.”
Alternative Action(s):
Do not adopt Resolution No. 2019-79.
Analysis:
The City’s Debt Management Policy was updated to ensure compliance with changes to the
California Government Code Section 8855 regarding how local agency debt is managed. KNN
Public Finance, LLC, expert municipal financing consultants, assisted the City in the development of
the Comprehensive Debt Management Policy.
SB 1029, which went into effect on January 1, 2017, amends California Government Code Section
8855 to facilitate improved financial transparency and accessibility to information about public debt.
SB 1029 requires that debt policies reflect local, state, and federal laws and regulations. Additionally,
Government Code Section 8855(i) now requires government agencies to adopt debt policies at least
30 days prior to any debt issued after January 21, 2017, that includes the following: 1) the purpose
for which the debt proceeds may be used; 2) the types of debt that may be issued; 3) the relationship
of the debt to, and integration with, the issuer’s capital improvement program or budget, if applicable;
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File #:19-1109 MEETING DATE:11/4/2019
4) policy goals related to the issuer’s planning goals and objectives; and, 5) the internal control
procedures that the issuer has implemented, or will implement, to ensure that the proceeds of the
proposed debt issuance will be directed to the intended use.
The updated Debt Management Policy (Attachment 2) satisfies all the requirements above and
establishes guidelines and parameters for the effective governance, management, and administration
of City debt and applies to the City and its related entities (such as the Huntington Beach Public
Financing Authority, the Successor Agency to the Redevelopment Agency of the City of Huntington
Beach, and the Huntington Beach Housing Authority). Furthermore, the policy is consistent with best
practices recommended by the California Debt and Advisory Commission and Government Finance
Officers Association.
While the updated Debt Management Policy contains a number of changes from the current policy, it
does not lessen the requirements of the current policy, but only strengthens the safeguards and
increases transparency.
The updated policy provides a greater level of detail about the allowable conditions and purposes of
debt issuance and was designed to ensure that a due diligence review is performed for each debt
transaction. This includes evaluating potential risks and benefits, as well as analyzing the impact that
the transaction will have on the City’s creditworthiness, debt affordability, and capacity. The updated
policy also outlines how the debt may be structured and discusses refunding guidelines.
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. Resolution Number 2019-79,“A Resolution of the City Council of the City of Huntington Beach
Adopting the City’s Debt Management Policy”
2. City of Huntington Beach Debt Management Policy
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City of Huntington Beach
Debt Management Policy
PURPOSE
The purpose of this Debt Management Policy (“Policy”) is to establish guidelines and
parameters for the effective governance, management and administration of the debt of
the City of Huntington Beach (“City”). This Policy is intended to comply with California
Government Code Section 8855(i), and any successor statute, and shall govern all debt
which is contemplated or incurred by the City.
The City hereby recognizes that a fiscally prudent Policy is required to:
Maintain the City’s sound financial position;
Ensure the City has the flexibility to respond to changes in future service priorities,
revenue levels, and operating expenses;
Protect the City’s creditworthiness;
Ensure that all debt is structured to protect both current and future taxpayers,
ratepayers and constituents of the City; and
Ensure that the City’s debt is consistent with the City’s strategic planning goals,
objectives, capital improvement program, and/or budget.
BACKGROUND
The City is committed to fiscal sustainability by employing long-term financial planning
efforts, maintaining appropriate reserves levels and employing prudent practices in
governance, management, budget administration and financial reporting.
Debt levels and their related annual costs are important long-term obligations that must
be managed within available resources. A disciplined, thoughtful approach to debt
management includes policies that provide guidelines for the City to manage its debt
consistent with available and reasonably anticipated resources. Therefore, the objective
of this Policy is to provide written guidelines concerning the amount and type of debt
which may be issued by the City and the ongoing management of debt obligations.
This Policy is intended to make all relevant information readily available to decision-
makers and the public to improve the quality of decisions, provide justification for the
structure of debt issuances, identify policy goals and demonstrate a commitment to long -
term financial planning, including a multi-year capital plan. Adherence to a Policy signals
to rating agencies and the capital markets that the City is well managed and able to meet
its obligations in a timely manner.
RELATIONSHIP OF DEBT TO CAPITAL IMPROVEMENT PROGRAM AND BUDGET
The City has established long-term plans for replacing aging physical infrastructure. The
City strives to maintain a level funding plan that will minimize the peaks and valleys in
General Fund support levels and allows the funding of projects over time. The City
utilizes debt obligations only after giving due consideration to all available funding
sources, including, but not limited to, available cash reserves, available current
revenues, potential future revenue sources, existing and potential grants, and all other
financial sources legally available to be used for such purposes. When and if deemed
an appropriate alternative, the City may issue debt for the purposes stated in this Policy
to implement policy decisions incorporated in the City’s Capital Improvement Program
budget adopted by the City Council on an annual basis.
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The City shall strive to fund the upkeep and maintenance of its infrastructure and
facilities due to normal wear and tear through the expenditure of available operating
revenues. To the extent practicable in the circumstances, the City will avoid the use of
debt to fund infrastructure and facilities improvements that are the result of normal wear
and tear. Rather, those readily anticipated infrastructure and facilities repairs and
replacements should be funded through reserve policies.
The City shall coordinate its debt issuances with the goals of its Capital Improvement
Program by timing the issuance of debt to ensure that project funding is available when
needed in furtherance of the City’s public purposes.
POLICY GOALS RELATED TO PLANNING GOALS AND OBJECTIVES
The City is committed to long-term financial planning, maintaining appropriate reserve
levels, and employing prudent practices in governance, management, and budget
administration. The City intends to issue debt only for the purposes stated in this Policy
and to implement policy decisions incorporated in the City’s Capital Improvement
Program. Adoption of this Policy will help ensure that debt is issued and managed in a
manner that protects the public interest.
It is a policy goal of the City to protect taxpayers, ratepayers (if applicable) and
constituents by utilizing conservative financing methods and techniques so as to obtain
the highest practical credit ratings (if applicable) and the lowest practical borrowing
costs.
The City shall comply with applicable state and federal law as it pertains to debt and the
procedures for levying and imposing related taxes, assessments, rates, or charges.
CONDITIONS AND PURPOSES OF DEBT ISSUANCE
Acceptable Conditions for the Use of Debt
The City believes that prudent amounts of debt can be an effective means of financing
major infrastructure and capital project needs of the City. Debt will be considered to
finance such projects if:
It meets the City’s goal of distributing costs of the asset over its useful life so that
benefits more closely match costs for both current and future residents.
It is the most cost-effective funding means available to the City, taking into
account cash flow needs, maintenance of prudent reserves and other funding
alternatives.
It is fiscally prudent and meets the guidelines of this Policy, the City’s Municipal
Code, and the City’s Charter. Any consideration of debt financing shall consider
financial alternatives, including pay-as-you-go funding, proceeds derived from
development or redevelopment of existing land and capital assets owned by the
City, and use of existing or future cash reserves, or any combination thereof.
Purposes for Which Debt May Be Issued
The City may consider financing for the acquisition, substantial refurbishment,
replacement or expansion of physical assets, including land improvements. The primary
purpose of debt would be to finance one or more of the following:
Acquisition and or improvement of land, right-of-way, leaseholds or long- term
easements.
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Acquisition of equipment or a capital asset with a useful life of three (3) or more
years.
Construction or reconstruction of a facility.
Refunding, refinancing, or restructuring debt, subject to refunding objectives and
parameters discussed herein.
Although not the primary purpose of the financing effort, project reimbursable
costs that include project planning, design, engineering and other
preconstruction efforts; project-associated furniture, fixtures and equipment;
capitalized interest, original issuer’s discount, underwriter’s discount and other
costs of issuance.
Interim or cash flow financing, such as tax, revenue or bond anticipation notes.
Prohibited Uses of Debt
Prohibited uses of debt include the following:
Financing of operating costs except for anticipation notes with a term of less than
one year.
Debt issuance used to address budgetary deficits.
Debt issued for periods exceeding the useful life of the asset or projects to be
financed.
Approval Process for the Issuance of Debt
Any issuance of debt, either through a public sale of securities, private placement or
direct purchase is subject to the formal approval of the City Council as a non- consent
item on a City Council agenda. As part of the City Council approval, a formal resolution
authorizing the issuance of a specific form of debt shall be required as part of the
authorizing documents. The resolution shall include, at a minimum, the following:
The specific project(s) for which the debt is being incurred;
The maximum principal amount to be borrowed;
The maximum term, which will be no greater than the useful life of the project(s),
equipment, or capital asset, whichever is applicable and longer;
The maximum interest rate or true interest cost;
The maximum annual debt service;
Estimated Costs of Issuance; and
Maximum Underwriter’s Discount.
In addition to the authorizing resolution, the City Council shall be provided copies of the
various financing documents including indentures, purchase agreements and
preliminary official statements.
STRUCTURE OF DEBT (FIXED RATE)
Term of Debt – Unless financially beneficial to do otherwise, debt shall be structured
with the goal of spreading payments for the project, equipment, or capital asset over its
useful life so that benefits more closely match costs for both current and future residents.
The duration of borrowings by the City shall not exceed the useful life of the project,
equipment, or capital asset it finances. The standard term of long -term borrowing is
typically fifteen to thirty years.
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Pace of Debt Payment – Accelerated repayment schedules reduce debt burden faster
and reduce total borrowing costs. Debt repayment shall be amortized through the most
financially advantageous debt structure and, if applicable, to match the City’s projected
cash flow to the anticipated debt service payments, to the extent possible. “Backloading”
of debt service should be considered only when one or more of the following occur:
Natural disasters or extraordinary or unanticipated external factors make
payments on the debt in early years impractical.
The benefits derived from the debt issuance can clearly be demonstrated to be
greater in the future than in the present.
Such structuring is beneficial to the City’s aggregate overall debt payment
schedule or achieves measurable interest savings.
Such structuring will allow debt service to more closely match project revenues
during the early years of the project’s operation.
Level Payment – To the extent practical, bonds will be amortized on a level repayment
basis, and revenue bonds will be amortized on a level repayment basis considering the
forecasted available pledged revenues to achieve the lowest rates possible. Bond
repayments should not increase on an annual basis in excess of two percent (2%)
without a dedicated and supporting revenue-funding stream.
Serial Bonds, Term Bonds, and Capital Appreciation Bonds – For each issuance,
the City shall select serial bonds or term bonds, or both. On the occasions where
circumstances warrant, Capital Appreciation Bonds (“CAB”) may be used. The decision
to use term, serial, or CAB bonds shall be based on market conditions.
Reserve Funds – The City shall strive to maintain a fund balance or other designated
reserve at a level equal to or greater than the maximum annual debt service of existing
obligations.
Capitalized Interest - The City shall seek to avoid the use of capitalized interest, which
defers debt service by increasing the size of a debt issue to fund interest. On occasion,
capitalized interest may be considered to the extent that the City wishes to defer the
beginning of debt service until project completion, to match project revenues with debt
service.
Discount Bonds - While discount and deep discount bonds may reduce the interest
cost of the bonds below that of par or premium bonds, they should only be used in limited
situations as they reduce the potential for future savings from refunding of the bonds.
Premium Bonds - Premium bonds may provide for a lower overall interest cost
compared to par or discount bonds. An analysis should be prepared comparing the yield
to maturity and yield to call of the premium bond structure compared to alternative
couponing. This comparison should be done on maturity-by-maturity basis. The value of
the call option of the higher coupon with respect to the future ability to refund should be
reviewed as well.
Call Provisions - In general, the City’s debt obligations should include an optional
redemption feature at par that arises not later than ten (10) years after the issuance of
the debt. This option may permit the City to achieve higher interest savings in the future
through the refunding of the bonds. It is the City’s intent to maximize prepayment
flexibility on all bond issues. Because the cost of call options can vary depending on
market conditions, an evaluation of factors will be conducted in connection with each
issuance and shorter call provisions may be considered on a case-by-case basis.
ATTACHMENT 2
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Debt Management Policy
USE OF ALTERNATIVE DEBT INSTRUMENTS
The City recognizes that there are numerous types of financing structures and funding
sources available, each with specific benefits, risks, and costs. All potential funding
sources shall be reviewed by management within the context of this Policy and the
overall portfolio to ensure that any financial product or structure is consistent with the
City’s objectives. Regardless of what financing structure(s) is utilized, due-diligence
review must be performed for each transaction, including the quantification of potential
risks and benefits, and analysis of the impact on City creditworthiness and debt
affordability and capacity. Because fixed rate debt transfers most financial risks to
bondholders, fixed rate debt should be considered the preferred method of financing
long-term capital needs. Therefore, while permitted for consideration, the following
instruments are disfavored:
Variable Rate Debt
Variable rate debt affords the City the potential to achieve a lower cost debt
depending on market conditions. However, the City shall seek to limit the use of
variable-rate debt due to the potential risks of such instruments.
Purpose
The City may consider the use of variable rate debt for the purposes of:
Reducing the costs of debt issues.
Increasing flexibility for accelerating principal repayment and
amortization (often variable rate debt may be prepaid without
penalty).
Enhancing the management of assets and liabilities (matching
short- term “priced debt” with the City’s short-term investments).
Diversifying interest rate exposure.
As a short-term source of construction or acquisition financing, (i.e.,
commercial paper, to reduce interest cost).
Considerations and Limitations on Variable-Rate Debt
The City may consider the use of all alternative structures and modes of
variable rate debt to the extent permissible under State law and shall make
determinations among different types of modes of variable-rate debt based
on cost, benefit, and risk factors. The Chief Financial Officer shall consider
the following factors in considering whether to recommend variable rate
debt:
Any long-term issuance of variable rate debt should not exceed
twenty percent (20%) of total City General Fund supported debt.
Any long-term issuance of variable rate debt should not exceed the
current unrestricted General Fund reserve levels.
Whether interest cost and market conditions (including the shape of
the yield curves and relative value considerations) are unfavorable
for issuing fixed rate debt.
The likelihood of projected debt service savings when comparing
the cost of fixed rate bonds.
Costs, implementation and administration are quantified and
considered.
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Cost and availability of liquidity facilities (lines of credit necessary
for variable rate debt obligations and commercial paper in the event
that the bonds are not successfully remarketed) are quantified and
considered.
The ability to convert debt to a fully amortizing fixed rate or the
permissibility to redeem at par at any time.
The findings of a thorough risk management assessment.
Risk Management
Any issuance of variable rate debt shall require a rigorous risk assessment,
including, but not limited to factors discussed in this section. Variable rate
debt subjects the City to additional financial risks (relative to fixed rate
bonds), including interest rate risk, tax risk, and certain risks related to
providing the necessary liquidity required for variable rate debt.
The City shall properly manage risks associated with variable rate debt as
follows:
Interest Rate Risk and Tax Risk – The risk that market interest
rates increase on variable-rate debt because of market conditions,
changes in taxation of municipal bond interest, or reductions in tax
rates. Mitigation – Limit total variable rate exposure per the defined
limits and match the variable rate liabilities with short-term assets.
Liquidity/Remarketing Risk – The risk that holders of variable rate
bonds exercise their “put” option, tender their bonds, and the bonds
cannot be remarketed requiring the bond liquidity facility provider to
repurchase the bonds. This will result in the City paying a higher
rate of interest to the facility provider and the potential rapid
amortization of the repurchased bonds.
Mitigation - Limit total direct variable-rate exposure. Seek liquidity
facilities, which allow for longer (5-10 years) amortization of any
draws on the facility. Secure credit support facilities that result in
bond ratings of the highest short-term ratings and long-term ratings
not less than AA. If the City’s bonds are downgraded below these
levels as a result of the facility provider’s ratings, a replacement
provider shall be sought.
Liquidity/Rollover Risk – The risk that arises due to the shorter
term of most liquidity provider agreements (1-5 years) relative to the
longer-term amortization schedule of the City’s variable-rate bonds.
In particular, (1) the City may incur higher renewal fees when
renewal agreements are negotiated and (2) the liquidity bank
market constricts such that it is difficult to secure third party liquidity
at any interest rate.
Mitigation – Negotiate longer terms on provider contracts to
minimize the number of rollovers.
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Debt Management Policy
REFUNDING GUIDELINES
The Chief Financial Officer shall monitor at least annually all outstanding City debt
obligations for potential refinancing opportunities. The City should consider refinancing
of outstanding debt to achieve annual savings. Absent a compelling economic reason
or financial benefit to the City, any refinancing should not result in any increase to the
weighted average life of the refinanced debt.
The City will generally seek to achieve debt service savings that on a net present value
basis are at least three percent (3%) of the current debt being refinanced. Any potential
refinancing executed more than ninety (90) calendar days in advance of the outstanding
debt optional call date shall require at least a three percent net present value savings
threshold. If there is negative arbitrage in an advance refunding, the interest efficiency
should at least be fifty percent (50%). Under any savings scenario, the net present value
assessment shall factor in all costs, including the total cost of issuance, escrow, and
foregone interest earnings of any contributed funds on hand. Any potential refinancing
shall additionally consider whether an alternative refinancing opportunity with higher
savings can be reasonably expected in the future.
Consideration of this method of refinancing shall place greater emphasis on determining
whether an alternative refinancing opportunity with higher savings is reasonably
expected in the future.
COMMUNICATION, ADMINISTRATION AND REPORTING, AND INTERNAL CONTROL
PROCEDURES
Rating Agency Relations and Annual or Ongoing Surveillance – The Chief Financial
Officer shall be responsible for maintaining the City's relationships with Standard &
Poor's Ratings Services, Fitch Ratings and Moody’s Investor’s Service. The City is
committed to maintaining or improving its existing rating levels. In addition to general
communication, the Chief Financial Officer shall:
Ensure the rating agencies are provided updated financial information of the City
as it becomes publicly available.
Communicate with credit analysts at each agency at least once each year, or as
may be requested by the agencies.
Prior to each proposed new debt issuance, schedule meetings or conference calls
with agency analysts and provide a thorough update on the City’s financial
position, including the impacts of the proposed debt issuance.
Council and Finance Commission Communication – The Chief Financial Officer
should report feedback from rating agencies to the City Council and/or Finance
Commission, when and if available, regarding the City’s financial strengths and
weaknesses and recommendations for addressing any weaknesses as they pertain to
maintaining the City’s existing credit ratings.
Debt Issue Record-Keeping – A copy of all debt-related records shall be retained at
the City’s offices. At minimum, these records shall include all official statements, bond
legal documents/transcripts, resolutions, trustee statements, leases, and title reports for
each City financing (to the extent available).
Compliance - When issuing debt, in addition to complying with the terms of this Policy,
the City shall comply with any other applicable policies regarding initial bond disclosure,
continuing disclosure, post-issuance compliance, and the investment of bond proceeds
in accordance with applicable bond indentures concerning tax compliance with tax
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exempt bonds. Without limiting the generality of the foregoing, the City shall periodically
review the requirements of and will remain in compliance with the following:
Continuing Disclosure – The City shall comply with federal securities law,
including any continuing disclosure undertakings entered into by the City in
accordance with Securities and Exchange Commission Rule 15c2-12. The City
shall file its annual financial statements and other financial and operating data for
the benefit of its bondholders as required in any such agreement for any debt issue.
The City shall maintain a log or file evidencing that all continuing disclosure filings
have been timely made.
Arbitrage Rebate – The use of bond proceeds and their investments shall be
monitored by the Chief Financial Officer to ensure compliance with all Internal
Revenue Code Arbitrage Rebate Requirements. The Chief Financial Officer shall
ensure that all bond proceeds and investments are tracked in a manner that
facilitates accurate calculation; and, if a rebate payment is due, such payment is
made in a timely manner.
Annual Reporting – California Government Code Section 8855(k), or any
successor statute, and the annual reporting requirements therein.
Other Compliance - Other compliance requirements imposed by regulatory
bodies.
Comprehensive post-issuance policies are listed in Appendix A.
Proceeds Administration - Proceeds of debt will be held either (a) by a third-party
trustee or fiscal agent, which will disburse such proceeds to or upon the order of the City
upon the submission of one or more written requisitions by the City Manager (or his or
her written designee), or (b) by the City, to be held and accounted for in a separate fund
or account, the expenditure of which will be carefully documented by the City. On a
quarterly basis, the Chief Financial Officer (or his or her designee) shall monitor the
proceeds and the disposition of unexpended proceeds.
CREDIT RATINGS
The City shall consider published ratings agency guidelines regarding best financial
practices and guidelines for structuring its capital funding and debt strategies to maintain
the highest possible credit ratings consistent with its current operating and capital needs.
LEGAL DEBT LIMIT
Huntington Beach City Charter Section 610 provides that “The City shall not incur an
indebtedness evidenced by general obligation bonds which shall in the aggregate
exceed the sum of 12 percent of the total assessed valuation, for purposes of City
taxation, of all the real and personal property within the City.” While this limit defines the
absolute maximum legal debt limit for the City, it is not an effective indicator of the City’s
affordable debt capacity.
AFFORDABILITY
Prior to the issuance of debt to finance a project, the City shall carefully consider the
overall long-term affordability of the proposed debt issuance. The City shall not assume
more debt without conducting an objective analysis of the City’s ability to assume and
support additional debt service payments. The City shall consider its long-term revenue
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and expenditure trends, the impact on operational flexibility and the overall debt burden
on the tax payers. The evaluation process shall include a review of generally accepted
measures of affordability and will strive to achieve and or maintain debt levels consistent
with its current operating and capital needs.
General Fund-Supported Debt – General Fund Supported Debt generally include
Certificates of Participation (“COPs”) and Lease Revenue Bonds (“LRBs”) which
are lease obligations that are secured by an installment sale or by a lease-back
arrangement between the City and another related public entity. The general
operating revenues of the City are pledged to pay the lease payments, which are,
in turn, used to pay debt service on the LRBs or COPs. These obligations do not
constitute indebtedness under the state constitutional debt limitation and,
therefore, are not subject to voter approval.
Payments to be made under valid leases are payable only in the year in which use
and occupancy of the leased property is available, and lease payments may not
be accelerated. Lease financing requires the fair market rental value of the leased
property to be equal to or greater than the required debt service or lease payment
schedule. The City as lessee is obligated to place in its Annual Budget the rental
payments that are due and payable during each fiscal year the City has use of the
leased property.
The City should strive to maintain its net General Fund-backed debt service at or
less than eight percent (8%) of annually budgeted General Fund revenue. This
ratio is defined as the City’s annual debt service requirements on COPs and LRBs
compared to total General Fund Revenues. This ratio, which pertains to only
General Fund backed debt, is often referred to as “lease burden.”
Revenue Bonds – Long-term obligations payable solely from specific pledged
sources, in general, are not subject to a debt limitation. Examples of such long -
term obligations include those which achieve the financing or refinancing of
projects provided by the issuance of debt instruments that are payable from
restricted revenues or user fees (Enterprise Revenues) and revenues generated
from a project.
In determining the affordability of proposed revenue bonds, the City shall perform
an analysis comparing projected annual net revenues from pledged sources to
estimated annual debt service on revenue bonds. The City should strive to
maintain a debt service coverage ratio of at least 125% using historical and/or
projected net revenues to cover annual debt service for bonds. The City may
require a revenue rate increase or reduce operating costs so that revenues cover
both operations and debt service costs, and create debt service reserve funds to
maintain the required coverage ratio.
Special Districts Financing – The City’s Special Districts primarily consist of
Community Facilities Districts (“CFDs”). The City may consider requests for
Special District formation and debt issuance when such requests address a public
need or provide a public benefit. Each application shall be considered on a case-
by-case basis as long as the City assumes no obligation under, or in connection
with, such debt issuance. The Finance Department shall not recommend a
financing if it is determined that the financing could be indirectly detrimental to the
financial standing of the City or such financing would otherwise not be in the best
interests of the City.
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Conduit Debt – Conduit financing provides for the issuance of securities by a
government agency to finance a project of a third party, such as a non-profit
organization or other private entity. The City may sponsor conduit financings for
those activities that have a general public purpose and are consistent with the
City’s overall service and policy objectives. Unless a compelling public policy
rationale exists, such conduit financings will not in any way obligate the City or
otherwise pledge the City’s faith and credit.
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APPENDIX A
POST ISSUANCE COMPLIANCE POLICY AND PROCEDURE MANUAL
PURPOSE
The purpose of this post-issuance compliance policy and procedure manual is to adopt
policies and procedures to guide the City in meeting the requirements of the Internal
Revenue Code of 1986, as amended, and Treasury Regulations (the “Tax Code”)
concerning tax-exempt and tax-advantaged debt (“debt issuances”). Non-compliance
with the Tax Code may result in fines and/or loss of the preferential status of the debt
issuances.
The Finance Department will be primarily responsible for ensuring that the City
successfully carries out its post-issuance compliance requirements under applicable
provisions of the Tax Code with regard to all debt issuances of the City. The Finance
Department shall be assisted by other City staff and officials when appropriate. The
Finance Department will also be assisted in carrying out post-issuance compliance
requirements by contracted entities including Bond Counsel, Municipal Advisor, Paying
Agent, Trustee, Arbitrage Consultant, and/or other consultants deemed necessary.
The Finance Department shall be responsible for assigning post-issuance compliance
responsibilities to other City staff, Bond Counsel, the Municipal Advisor, the Paying
Agent, the Trustee and the Arbitrage Consultant. The Finance Department shall utilize
such other professional service organizations as are necessary to ensure compliance
with the post-issuance compliance requirements of the City.
GENERAL OVERVIEW OF ARBITRAGE, YIELD RESTRICTION AND REBATE
REQUIREMENTS
Overview
The purpose of this section is to introduce the concept of arbitrage and its requirements.
There are exceptions to many of the arbitrage rules. Advice from the City’s Arbitrage
Consultant and/or Bond Counsel is strongly recommended before any action is taken.
Definition
Arbitrage is the price differential, or profit made, from investing inherently lower yielding
debt issuance proceeds in higher yielding taxable investments. Arbitrage is the
difference between the yield on an issuer's debt issuance and the investment income
earned on the proceeds invested in taxable instruments. Arbitrage rebate refers to the
positive or negative amount that must be paid (rebated) to the federal government.
Areas of arbitrage compliance that must be addressed:
The arbitrage rebate requirements identify what must be done with any arbitrage
(profits or earnings) above the debt issuance’s yield earned on the investment of
the gross proceeds of the debt issuance. Arbitrage on gross proceeds must be
rebated to the federal government every five years after the date of issuance (or
earlier if elected) through and including the final maturity (“filing date”).
The yield restriction requirements set forth various investment yield limitation
conditions for different categories of gross proceeds from a debt issuance (e.g.
construction, refunding escrow, debt service, and reserve funds). The issuer
should meet these various yield restriction conditions to avoid compromising the
tax-exempt or tax-advantaged status of the debt issuance. Since the yield
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restriction requirements are specific to a debt issuance it is recommended that the
City consult with the Arbitrage Consultant and/or Bond Counsel to determine the
specific yield restriction requirements on a per debt issuance basis.
Construction Fund Yield Restriction: The most common yield restriction constraint
for an issuer is related to construction funds. Generally, if there are unexpended
project/construction proceeds at the end of the initial 3-year temporary period in
excess of the minor portion (the lesser of $100,000 or 5% of the sale proceeds of
the debt issuance), an issuer may no longer invest the remaining proceeds above
the materially higher yield (debt issuance yield + .125%) without taking corrective
actions to remedy interest earnings above the materially higher yield. The issuer
must yield restrict the proceeds below the materially higher yield, or a yield
reduction payment report will be required. Any yield reduction payment under the
yield restriction requirements must be paid per the same deadlines as the arbitrage
rebate requirements: every five years after the date of issuance (or earlier if
elected) through and including the final maturity.
Purpose of the Tax Code regarding arbitrage:
The Tax Code was put into place to minimize the benefits of investing tax-exempt
or tax-advantaged debt proceeds, thus encouraging expenditures for the
governmental purpose of the debt issuance and to remove the incentive to:
Issue debt earlier than needed,
Leave debt outstanding longer than necessary, and/or
Issue more debt than necessary for a governmental purpose.
Type of debt issuances and funds subject to arbitrage compliance:
The following types of debt issuances are subject to arbitrage compliance as of the
following dates:
Single Family Debt Issuances 09/25/79
Private Activity Debt Issuances 12/31/84
Student Loan Debt Issuances 12/31/85
Governmental Debt Issuances 08/31/86
The following funds and proceeds of a debt issuance are defined as Gross
Proceeds of a debt issuance:
Project funds
Debt service funds
Costs of issuance funds
Refunding escrow funds
Reserve funds
Disposition proceeds
Replacement proceeds (other than debt service funds)
Transferred proceeds (if an old debt issuance has been refunded by a new
debt issuance and the old debt issuance has unspent funds, such funds
may transfer to the new debt issuance)
Note of Concern: An often misunderstood concept is that monies received upon
closing of a debt issuance are the only monies subject to arbitrage rebate. One of
the most common funds found to be subject to arbitrage rebate that is not funded
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from debt issuance proceeds is the debt service fund. The debt service fund
receives a majority of its funding from tax or use revenues. The debt service fund
is required to be included in the arbitrage rebate calculation unless the fund
balance is depleted at least once each bond year, except for a reasonable
carryover amount not to exceed the greater of:
The earnings on the fund for the immediate preceding bond year; or
One-twelfth of the principal and interest payments on the Debt Issuance or
the immediately preceding bond year.
Exceptions to the rebate requirements:
The Tax Code sets forth general arbitrage and rebate requirements for debt
issuances. The general rule is that any arbitrage earned must be determined and
reported to the federal government every fifth anniversary date after the date of
issuance of the debt issuance and on the final maturity, or as elected. Arbitrage
rebate is essentially 100% of investment earnings in excess of the debt issuance's
yield. There are several exceptions to the arbitrage and rebate requirements, and
if any one of these exceptions are met, all or a portion of the debt issuance’s
proceeds are not subject to the arbitrage and rebate requirements. Consult with
the City’s Arbitrage Consultant and/or Bond Counsel to determine if the debt
issuance is eligible for a particular exception, to establish the appropriate
investment plan for the debt issuance proceeds, and to assess whether the
exception requirements were met.
The purpose of this section is to introduce the concept of spending exceptions and
their requirements. There may be special elections and circumstances for a debt
issuance that can affect how the exceptions are tested. Advice from the City’s
Arbitrage Consultant and/or Bond Counsel is strongly recommended before any
action is taken. Below are descriptions of the various exceptions:
6-month spending exception: If all gross proceeds and actual interest
earnings are spent within 6-months after issuance, the interest earned
during that period is not subject to the rebate requirements. Intermediate
expenditure requirements are necessary (95% by 6 months and 100%
within 12 months).
If there are unspent proceeds remaining at the end of the 6-month period,
an issuer may still qualify for the spending exception under the following
condition:
If the remaining amount is 5% or less and is spent within 6 months
from the end of the 6-month spending date.
18-month spending exception: If a debt issuance does not qualify as a
construction issuance (75% of the debt issuance actually spent on
construction) then the debt issuance is eligible for the 18-month spending
exception, but not the 2-year spending exception. If all gross proceeds and
expected interest earnings for the 6-month and 12-month period and actual
interest for the 18-month period is spent within 18-months according to a
strict timetable, the interest earned during that period is not subject to the
rebate requirements. Intermediate expenditure requirements are
necessary (15% by 6 months, 60% by 12 months, 100% by 18 months.
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If there are unspent proceeds remaining at the end of the 18-month period,
an issuer may still qualify for the spending exception under the following
conditions:
A reasonable retainage amount of 5% or less is allowed for
business purposes and the retainage is spent within 12 months
from the end of the 18-month spending date, or;
If the remaining amount does not exceed the lessor of $250,000 or
3% of the issue price and due diligence is exercised to complete
the project and spend the remaining project/construction proceeds.
2-year spending exception: If a debt issuance qualifies as a construction
issuance (75% of the debt issuance is actually spent on construction) and
all gross proceeds and expected interest earnings for the 6-month, 12-
month, and 18-month period and actual interest for the 24-month period
are spent within 2 years according to a strict timetable, then interest earned
during that period is not subject to the rebate requirements. Intermediate
expenditure requirements are necessary (10% by 6 months, 45% by 12
months, 75% by 18 months and 100% by 2-years).
If there are unspent project/construction proceeds remaining at the end of
the 2-year period, an issuer may still qualify for the spending exception
under the following conditions:
A reasonable retainage amount of 5% or less is allowed for
business purposes and the retainage is spent within 12 months
from the end of the 2-year spending date, or;
If the remaining amount does not exceed the lessor of $250,000 or
3% of the issue price and due diligence is exercised to complete
the project and spend the remaining project/construction proceeds.
Small issuer exception: General taxing authorities reasonably expecting to
issue $5M or less in tax-exempt or tax-advantaged debt during each
calendar year (cumulative for all debt issuances) may qualify for the small
issuer exception to the rebate requirements, but must still satisfy the yield
restriction requirements. The small issuer exception does not apply to
private activity, 501(c)(3) or student loan debt.
General requirements:
o The issuer must have general taxing powers.
o The debt issuances must be governmental debt issuances.
o At least 95% of the proceeds must be used for local
governmental activities of the issuer or by governmental
units located within the issuer’s boundaries.
o All tax-exempt or tax-advantaged debt issued in a calendar
year cannot exceed $5,000,000.
Additional requirements for refunding debt issuances:
o The debt being refunded (old debt issuance) must have
qualified for the small issuer exception.
o The weighted average maturity of the refunding debt
issuance (new debt issuance) must not exceed the
weighted average maturity of the refunded debt (old debt
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issuance). Current refunding debt issuances that have a
three year or less weighted average maturity are exempt
from the weighted average maturity test.
o The refunding debt (new debt issuance) must not mature
more than thirty years after the issuance of the original
refunded debt (old debt issuance).
Note – Historically 1/3 of refunding debt issuances (new debt
issuances) will fail one of the three rules listed above and become
subject to the rebate requirements.
DUE DILIGENCE REVIEW AT REGULAR INTERVALS
This policy and its related procedures start with a review of the due diligence measures
that will take place at regular intervals, as well as each filing date to ensure that each
debt issuance is compliant with the requirements of the Tax Code. The City will
complete the annual due diligence review on all debt issuances.
RETENTION OF ADEQUATE RECORDS TO SUBSTANTI ATE COMPLIANCE
General overview
Debt not refunded: Currently the IRS record retention requirements are to keep
all records, data and documents associated with non-refunded debt issuances for
three years past the final maturity date for the debt issuance (or longer if required
by local or state law.)
Refunded debt: Since the refunding debt issuance (new debt issuance) is
dependent on the tax-exempt or tax-advantaged status of the refunded debt
issuance (old debt issuance), all records are required to be maintained for three
years past the final maturity of both debt issuances (or longer if required by local
or state law).
Electronic data storage requirements: Electronic records may be stored in an
electronic format in lieu of hard copies if certain requirements are satisfied, for
example:
The system must ensure an accurate and complete transfer of the hard
copy books and records to the electronic storage system and contain a
retrieval system that indexes, stores, preserves, retrieves and reproduces
all transferred information.
The system must include reasonable controls and quality assurance
programs.
The information maintained in the system must be cross-referenced with
the books and records in a manner that provides an audit trail to the source
documents.
Upon request by the IRS, a complete description of the electronic storage
system, including all procedures relating to its use and the indexing system
must be provided.
Upon request by the IRS, the issuer must retrieve and reproduce hard
copies of all electronically stored records.
The system must not be subject to any agreement that would limit the IRS’
access to the use of the system.
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Electronic file storage and backup: Financial/accounting transactions will be retained
in a designated computer file folder within G:\FINANCE DEPARTMENT\ACCOUNTING
and will be backed up by the Information Services Department. Access to this folder will
be restricted to Finance Department staff.
Storage of hard copies: A folder jacket, box or other media storage container
displaying the debt issuance description will be set up for each debt issuance. The
storage container will contain the documents mentioned in Section E on the next page.
Access will be restricted to persons authorized by the Finance Department.
Destruction of records: A log will be kept of all debt issuances whose records are
destroyed after the IRS mandated retention period detailing the debt issuance
description, allowable destruction date, date records were destroyed, the Finance
Department’s signature authorizing the record destruction, and witness signature.
Access to this information will be restricted as authorized by the Finance Department.
Required information to be stored for each debt issuance
Documents: Bond Counsel shall send a Transcript for the debt issuance to the
Finance Department. If a Transcript was not compiled, then copies of the following
documents will be forwarded or made available to the Finance Department’s office:
Bond Counsel Opinion
Final Official Statement or Private Placement Memorandum
Insurance Documents
Council Certificate for Ordinance
Copy of Ordinance Authorizing Debt Issuance
IRS Form 8038-G, Form 8038-GC, Form 8038, Form 8308-TC or Form
8038-B
CPA Verification Report (for refunding debt issuances only)
Non-Arbitrage Tax Certificate or similar document
All Debt Service Schedules not included in the Official Statement
Letter of Credit Agreement (generally for variable rate debt issuances only)
Swap Agreement (generally for variable rate debt issuances only)
Winning Bid Forms
Trust Indenture
Investment Banker’s Closing Memorandum
Investment Banker’s Notice of Delivery Memorandum
Investment Banker’s Sources and Uses of Funds Memorandum
Reports completed after issuance
Rebate calculation reports
Yield restriction reports
Spending exception reports
Penalty in lieu of rebate reports
CPA verification report for restructuring of escrow
Payment documentation to include:
Form 8038-T
Cancelled check
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Proof of mailing
Refund claims
Other reports related to the Debt Issuance
Correspondence
Bond Counsel
Board Meetings
Municipal Advisor
Arbitrage Consultant
Underwriter
Investment Firms
Other correspondence concerning any other aspect of the debt issuance
to include but not limited to expenditures, investments, allowable projects,
etc.
Investment activity: Trust statements (or equivalent) with detailed investment
activity for the entire computation period for each fund/account in which gross
proceeds of the debt issuance were held. Investment information must be
recorded on a daily transactional level. This information is required to compute the
yield on the investments and to comply with archive requirements. Investment
activity details should include such items as:
General ledgers
Subsidiary ledgers
Investment statements (state pools, bank statements, etc.)
Type of investment
Date of purchase and purchase price
Interest rate
Interest payment amounts
Maturity date
Interest payment dates
Interest calculation methodology
Date of sale and sales price
Investment contract information to include:
Evidence of the purchase price paid for investment contract
Detailed documentation of the investment contract bid process
Certification by the investment contract provider of fees paid for
contract
All bid solicitation forms (3 bid minimum)
Administrative costs
Expenditure information: The Finance Department will capture expenditure
information. The following expenditure information must be captured and stored
in accordance with the above mentioned record retention requirements to include:
Description of expenditure
Date of expenditure
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Amount of expenditure
Invoices
Proof of payment (canceled check, wire information, etc.)
Initial letter of credit information to include:
Payment amounts
Date of payment
Terms
Actual letter of credit information to include:
Actual amount paid
Actual date payment is made
Invoices
Statements
Allocation of gross proceeds to expenditures: Any allocation of gross proceeds to
expenditures must involve a current outlay of cash for the governmental purpose
of the debt issuance. A current outlay of cash is an outlay reasonably expected to
occur within five banking days after the date of an allocation. If expenditure is paid
by check, the outlay is the date the check is mailed, provided that it is expected to
be cashed in five days.
Allocation: Reasonable allocation methods for allocating funds from
different sources to expenditures for the same governmental purpose
include any of the following methods if consistently applied:
The first in, first out/FIFO method permits the City to put the
proceeds of more than one debt issuance into a single account
(commingle) and treat all expenditures as coming from proceeds of
the first debt issuance until they are fully spent.
The gross proceeds spent first method is used where available
funds include, tax revenues, private contributions, etc., in addition
to debt issuance proceeds. The debt issuance proceeds are
treated as spent first.
The specific tracing method permits the City to keep proceeds from
different debt issuances in separate accounts. Costs may be
charged to any debt issuance/checking account at the City’s
discretion.
The ratable allocation method permits the City to place proceeds of
more than one debt issuance into a single account (commingle) and
treat expenditures as coming from proceeds of each debt issuance
that contributed proceeds to that account. The expenditures are
allocated to each debt issuance ratably based on each debt
issuance’s proportion of ownership of the account.
Timing: An issuer must account for the allocation of proceeds to
expenditures not more than 18 months after the later of: the date the
expenditure is paid or the date the project, if any, that is financed by the
debt issuance is placed in service. This allocation must be made in any
event by the date 60 days after the fifth anniversary of the issuance date or
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the date 60 days after the retirement of the debt issuance, if earlier. This
paragraph applies to debt issuances issued on or after May 16, 1997.
Allocation of investments in a commingled fund: The Tax Code requires that all
payments and receipts on investments held in a commingled fund must be
allocated to the different sources/investments in the fund not less frequently than
the close of a consistently used fiscal period (not in excess of three months); this
allocation must be based on a consistently applied, reasonable ratable allocation.
Treasury Reg. Section 1.148-6(e). Currently, the City allocates all payments and
receipts monthly.
Qualified use of proceeds, financed property, private business use: The qualified
use of proceeds, property financed, and private business use limitations by the
debt issuance should be identified and continually monitored to ensure compliance
with the limitations as defined in the debt issuance documents or if more restrictive,
state law or the Tax Code’s limitations. Supporting documentation is required to
support qualified use of proceeds, property financed, and private business use.
The Finance Department will ensure such limitations are in compliance with debt
issuance documents or if more restrictive, state law or the Tax Code’s limitations.
Issuance price and volume cap allocation: The issuance price and volume cap
allocation activity limitations should be identified and monitored to ensure
compliance with the limitations as defined in the debt issuance documents or if
more restrictive, state law or the Tax Code’s limitations. Supporting documentation
is required for issuance price determination and volume cap allocation limitations
of the debt issuance. The Finance Department will ensure such limitations are in
compliance with the debt issuance documents or if more restrictive, state law or
the Tax Code’s limitations.
Fair market value of investments: The City is to provide information to support that
the investments were purchased or sold at a fair value. The City may not purchase
an investment at a price in excess of fair market value with gross proceeds of the
debt issuance. Nor may the City sell an investment purchased with gross proceeds
at a price lower than fair market value. Treasury Regulations Section 1.148 -6(c).
In dealing with fair market value requirements, the Tax Code specifically provides
three safe harbor categories of investments:
Securities traded on an established market from a willing seller in a bona
fide arm’s-length transaction.
Certificates of deposit purchased using a safe harbor under the applicable
Tax Code. The safe harbor is available only for certificates that have a
fixed interest rate, a fixed payment schedule and a substantial penalty for
early withdrawal.
Guaranteed investment contracts purchased used a three-bid safe harbor
under the Tax Code.
Continuing disclosure: The City is to provide continuing disclosure, such as annual
financial information and material event notices in accordance with SEC rule 15c2-
12. The Finance Department is primarily responsible for undertaking such
continuing disclosure obligations and to monitor compliance with such obligations.
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PROCEDURES TO CORRECT NON-COMPLIANCE
If it is determined that the requirements of the policies and procedures set forth herein
have been violated or if it is determined that the Tax Code related to each debt issuance
has been violated, the City will take the appropriate action described under the
applicable Tax Code to remediate such non-compliance.
Such action may include, but is not limited to the following steps:
Notify Finance Department.
Notify Bond Counsel, Arbitrage Consultant, and/or Municipal Advisors.
Resolve non-compliance in a timely manner in order to reduce penalties and late
interest. A 60-day resolution period is recommended.
Take the appropriate remedial action as advised by Bond Counsel. Remedies may
include, but are not limited to:
Enter the Voluntary Closing Agreement Program (VCAP).
Pay all past due arbitrage rebate or yield restriction liabilities to the IRS to
include a letter of explanation for late payment, late interest and/or
penalties.
Correct non-compliance matter to ensure future compliance.
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File #:19-1004 MEETING DATE:11/4/2019
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Chair and Board Members
SUBMITTED BY:Oliver Chi, City Manager
PREPARED BY:Kellee Fritzal, Deputy Director of Economic Development
Subject:
Approve and authorize execution of Lease Agreements for two concession buildings at the
Huntington Beach Pier with Kite Connection and Surf City Store
Statement of Issue:
The City Council is requested to approve lease agreements for two of the concession buildings
located on the Huntington Beach Pier with 1) DBA Kite Connection International Incorporated; and 2)
Surf City Store.
Financial Impact:
Kite Connection
The Kite Connection currently pays $790.13/month in base rent which will be increased to
$950.00/month. The current Percentage Rent is 10% of gross sales that exceed $790.13/month. The
Percentage Rent will be increased to 10.5% of sales that exceed $950.00/month at the
commencement of the new lease and increase to 11% in year 6.
Surf City Store
The Surf City Store currently pays $790.13/month in base rent which will be increased to
$950/month. The current Percentage Rent is 10% of gross sales (of non “Surf City” merchandise)
that exceeds $790.13/month. The difference in base rent amounts between the concessionaires is
due to the Surf City Store trademark license agreement which provides a revenue share of an
additional 5% of all gross sales at the Surf City Store. The Percentage Rent will be increased to
10.5% of gross sales that exceeds $950.00/month at the commencement of the new lease and
increase to 11% in year 6.
Revenue from the leases will be deposited into the General Fund (1000100.43095) Beach
Concessions.
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Recommended Action:
A) Approve and authorize the Mayor, City Clerk, and City Manager to execute “Lease Between the
City of Huntington Beach and Dave Shenkman, Doing Business As Kite Connection International
Incorporated;” and,
B) Approve and authorize the Mayor, City Clerk, and City Manager to execute “Lease Between the
City of Huntington Beach and Tina Viray and Nelson Wescott, a General Partnership, Doing Business
As the Surf City Store.”
Alternative Action(s):
Do not approve the lease agreements and direct staff accordingly.
Analysis:
Kite Connection
On November 16, 2009, the City Council approved a five (5) year lease agreement (“Kite Connection
Lease”) including one five (5) year option to extend with Dave Shenkman, for the use of a 620 square
foot concession building on the Huntington Beach Pier. Dave Shenkman has operated the
concession building as the Kite Connection which sells kites, banners, and souvenirs. The terms of
the Kite Connection Lease include a minimum base rent of $620/month with annual CPI increases. In
addition, Kite Connection is to pay a portion of gross revenues of 5% (Year 1) and 10% (Year 2-10) in
those months where 5% or 10% of the gross sales exceeds $620 (“Percentage Rent”). The Kite
Connection Lease is set to expire on November 16, 2019.
Staff has negotiated new terms for a new lease agreement with Dave Shenkman based on the
following term
·Term: Five (5) years
·Extension: One five-year mutually written extension
·Base Rent: $950 per month
·Base Rent Increases: Annual increases based on the Los Angeles-Anaheim-Riverside All
Urban Consumer Price Index (CPI), no less than 3% and a maximum of 5%.
·Percentage Rent:
o Years 1-5: 10.5% of gross receipts in months where 10.5% of all gross sales exceeds
$950.00
o Years 6-10: 11.0% of gross receipts in months where 11.0% of all gross sales exceeds
$950.00
·Permitted Uses: Kite Connection includes games, wind-driven toys, and visitor service
merchandise.
·Minimum Days: 350 days open
·Maintenance: Kite Connection shall repair and maintain the concession
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Surf City Store
On November 16, 2009, the City Council also approved a five (5) year lease agreement (“Surf City
Store Lease”) including one five (5) year option to extend with Tina Viray and Nelson Wescott, for the
use of a 620 square foot concession building on the Huntington Beach Pier. Tina Viray and Nelson
Wescott have operated the concession building as the gift shop selling visitor serving merchandise,
souvenirs, and have a license to sell “Surf City” branded merchandise. The terms of the Surf City
Store Lease include a minimum base rent of $620/month with annual CPI increases. In addition, Surf
City Store is to pay a portion of gross revenues of 5% in the first year and increasing to 10% in years
2-10), in those months where 5% or 10% of the gross sales exceeds $620 (“Percentage Rent”). The
Surf City Store Lease is set to expire on November 16, 2019.
Staff has negotiated new terms for a new lease agreement with Tina Viray and Nelson Wescott
based on the following terms:
·Term: Five (5) years
·Extension: One five-year extension, mutually written
·Base Rent: $950.00 per month
·Base Rent Increases: Annual increases based on the Los Angeles-Anaheim-Riverside All
Urban Consumer Price Index (CPI), no less than 3% and a maximum of 5%.
·Percentage Rent:
o Years 1-5: 10.5% of gross receipts in months where 10.5% of all gross sales exceeds
$950.00.
o Years 6-10: 11.0% of gross receipts in months where 11.0% of all gross sales exceeds
$950.00.
·Permitted Uses: Surf City Store includes visitor service merchandise, jewelry, apparel, and
Huntington Beach souvenirs.
·Minimum Days: 350 days open
·Maintenance: Surf City Store shall repair and maintain the concession.
The Economic Development Committee approved the proposed leases at the August 14, 2019,
meeting.
Environmental Status:
Not applicable
Strategic Plan Goal:
Strengthen long-term financial and economic sustainability
Attachment(s):
1. “Lease Between the City of Huntington Beach and Dave Shenkman, Doing Business As Kite
Connection International, Incorporated”
2. “Lease between the City of Huntington Beach and Tina Viray and Nelson Wescott, a General
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Partnership, Doing Business As the Surf City Store”
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City of Huntington Beach
File #:19-1089 MEETING DATE:11/4/2019
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 authorize execution of License Agreements with the County of Orange to install,
operate and maintain official and secure Ballot Drop Boxes at the Huntington Beach Civic
Center, 2000 Main Street, and the Main Street Branch Library, 525 Main Street, in Huntington
Beach
Statement of Issue:
California Senate Bill 450, aka the California Voter’s Choice Act passed by the Legislature and
signed by the Governor in 2016 authorizes counties to conduct all-mailed ballot elections if the
jurisdiction can meet certain criteria. The Orange County Registrar of Voters (ROV) is in the process
of transitioning to this new model of voting which will begin with the Presidential Primary Election in
March 2020, and is seeking approval for placement of official Ballot Drop Boxes at two identified
locations on City-owned property.
Financial Impact:Not applicable.
Recommended Action:
A) Approve and authorize the Mayor and City Clerk to execute a “License Agreement” with the
County of Orange for installation, operation and maintenance of a Ballot Drop Box as identified in
Exhibits A and B (License Area description and location) at the Huntington Civic Center, 2000 Main
Street, Huntington Beach; and,
B) Approve and authorize the Mayor and City Clerk to execute a “License Agreement” with the
County of Orange for installation, operation and maintenance of a Ballot Drop Box as identified in
Exhibits A and B (License Area description and location) at the Main Street Branch Library, 525 Main
Street, Huntington Beach.
Alternative Action(s):Deny the request.
Analysis:
The California Voter’s Choice Act passed in 2016 allows counties to conduct all-mailed ballot elections to provide greater
flexibility and convenience for voters - elections will no longer be a one-day event. In February 2019, the County Board of
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File #:19-1089 MEETING DATE:11/4/2019
Supervisors voted to enact the Voter’s Choice Act. Starting in 2020, all voters in Orange County will receive a vote-by-
mail ballot and can choose to: 1) return their ballot by mail (postage-free) through the United States Postal Service; 2)
drop their ballot in an official and secure Ballot Drop Box; or, deliver their ballot to any four or eleven-day Vote Center
within the County.
To implement the new elections model, the ROV conducted a comprehensive community outreach effort, worked to
secure locations suitable to serve as four or eleven-day Vote Centers, and identified areas permissible to install, operate
and maintain official and secure Ballot Drop Boxes. Orange County Registrar of Voters Neal Kelley and staff have been
working closely with local government agencies to assess potential sites for the aforementioned voting options. Site
selection considerations included:
·Vote center and ballot drop box location proximity to public transportation
·Vote center and ballot drop box location proximity to communities with historically low vote by mail usage
·Vote center and ballot drop box location proximity to population centers
·Vote center and ballot drop box location proximity to language minority communities
·Vote center and ballot drop box location proximity to voters with disabilities
·Vote center and ballot drop box location proximity to communities with low rates of household vehicle ownership
·Vote center and ballot drop box location proximity to low-income communities
·Vote center and ballot drop box location proximity to communities of eligible voters who are not registered to vote and may
need access to same day voter registration
·Vote center and ballot drop box location proximity to geographically isolated populations, including Native American
reservations
·Access to accessible and free parking at vote centers and ballot drop box locations
·The distance and time a voter must travel by car or public transportation to a vote center and ballot drop box location
·The need for alternate methods for voters with disabilities for whom vote by mail ballots are not accessible to cast a ballot
·Traffic patterns near vote centers and ballot drop box locations
·The need for mobile vote centers in addition to the number of vote centers established pursuant to this section
·Room size and location
·Facility availability for multiple days and extended hours, including weekends
On September 30, 2019, the City received a request to enter into license agreements with the County to install Ballot
Drop Boxes in specific “license areas” at the Huntington Beach Civic Center and Main Street Branch Library. Information
related specifically to Ballot Drop Box specifications, delivery and installation, maintenance and frequently asked
questions is provided as Attachment 1. License agreements approved as to form by the City Attorney’s Office is provided
as Attachments 2 and 3, and voter registration data used by the County to determine the required number of four and
eleven-day Vote Centers and Ballot Drop Boxes (1 per 15,000 voters) is provided as Attachment 4.
Environmental Status:Not applicable.
Strategic Plan Goal:Non-Applicable - Administrative Item
Attachment(s):
1. Ballot Drop Box Information Packet
2. Ballot Drop Box License Agreement - HB Civic Center
3. Ballot Drop Box “License Agreement” - HB Main Street Branch Library
4. Voter Registration Data
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City of Huntington Beach
File #:19-1103 MEETING DATE:11/4/2019
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Oliver Chi, City Manager
PREPARED BY:Travis K. Hopkins, Acting Assistant City Manager
Subject:
Authorize the appointment of Marie Knight to the position of Director of Organization Learning
and Engagement; create the Director of Organizational Learning & Engagement classification
by approving for introduction Ordinance No. 4200; Adopt Resolution No. 2019-78 amending
the Non-Associated Salary Resolution to add the classification of Director of Organizational
Learning & Engagement, while also clarifying the compensation range for the City Manager;
delegate authority for execution of the employment agreement for the Director of
Organizational Learning & Engagement to the City Manager
Statement of Issue:
The City Council authorization is requested for approve Ordinance No. 4200 amending Section
2.76.010 of the Huntington Beach Municipal Code to add the classification of Director of
Organizational Learning and Engagement as an at-will position. Resolution No. 2019-78 modifies the
Non-Associated Salary Schedule to establish the classification and compensation of the Director of
Organizational Learning & Engagement Amending the Compensation for the City Manager.
Financial Impact:
This request has a net neutral budget impact. The Human Resources Department will report to the
City Manager’s Office leaving vacant the Director of Human Resources position. The costs for the
new Director of Organizational Learning & Engagement will be neutral to the organization by
exchanging for the Human Resources Director position. This Action does not increase the City’s
Table of Organization.
Recommended Action:
A) Approve for introduction Ordinance No. 4200,” 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 Director of Organization Learning &
Engagement; and,
B) Adopt Resolution No 2019-78, “A Resolution of the City Council of the City of Huntington Beach
Modifying Salary and Benefits for Non-Represented Employees By Adding the Director of
Organizational Learning & Engagement Classification and Establishing Compensation and Amending
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File #:19-1103 MEETING DATE:11/4/2019
the Compensation for the City Manager;” and,
C) Delegate authority to the City Manager and City Attorney to execute Employment Agreement for
the Director of Organizational Learning & Engagement; and,
D) Approve the appointment of Marie Knight to the position of Director of Organizational Learning &
Engagement; and,
E) Approve and authorize the City Manager to execute the “Employment Agreement Between the
City of Huntington Beach and Marie Knight” for the position of Director of Organizational Learning
and Engagement.
Alternative Action(s):
Do not approve the agreement and provide alternate direction.
Analysis:
The City of Huntington Beach has had recent retirement of the Human Resources Director providing
an opportunity for reorganization of the Human Resources Department and the City Manager Office.
In order to provide improved direct support for the Human Resources Department the Department
will now report to the City Manager’s Office. The cost for the new position will be neutral to the
organization by exchanging the Human Resources Director position for the new Director of
Organizational Learning and Engagement. This adjustment will provide a focus on change
management, succession planning, organizational training, employee development and other
associated duties.
This position is a department head reporting directly to the City Manager, responsible for
organizational development, management and research programs. This position will provide support
to the 13 Departments and over 1,500 full and part-time employees in the development, coordination,
and implementation of organizational development and change initiatives that assure city workforce
is prepared to meet or exceed performance goals.
Marie Knight has more than three decades of experience in municipal government currently serving
as the Director of Community Services for Huntington Beach. Prior to her current position, she has
served as the Director of Parks and Recreation for the City of Long Beach and the Director of
Community Services for the Cities of Orange and Newport Beach. For the past 20 years Marie has
been a speaker and trainer on a local, state and national level in her profession assisting a variety of
municipal agencies, non-profit organizations and the State California Parks and Recreation Society in
areas such as customer service, employee development, leadership and change management.
The City Manager Recommends City Council approval to appoint Marie Knight to the position of
Director of Organizational Learning & Engagement effective November 4th, 2019. The contractual
compensation is at Non-Associated/Executive Management Pay Grade No. 0012 End Point. The
annual salary is $192,316.
In order to comply with CalPERS requirements, the proposed Non-Associated Executive
Management Salary Schedule was also updated to reflect the City Manager compensation approved
by the City Council on August 5, 2019.
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File #:19-1103 MEETING DATE:11/4/2019
Environmental Status:
N/A
Strategic Plan Goal:
Enhance and maintain high quality City services
Attachment(s):
1. Ordinance No. 4200, “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 Director of Organization Learning & Engagement
2. Resolution No 2019-78, “A Resolution of the City Council of the City of Huntington Beach
Modifying Salary and Benefits for Non-Represented Employees By Adding the Director
Organizational Learning & Engagement and Establishing Compensation Amending the
Compensation for the City Manager” including Exhibit 1
3. Modified Non-Associated Executive Management Salary Schedule
4. Employment Agreement between The City of Huntington Beach and Marie Knight
5. Job Classification Specification - Director of Organizational Leadership and Engagement
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Pay Starting Control High
Grade Point Point Point
0591 City Manager NA0591 Per Contract 125.00 128.29
0029 Interim City Manager NA0029 NA NA 122.68
0592 Assistant City Manager NA0592 85.82 95.51 106.32
0009 Director of Building & Safety NA0009 74.64 83.07 92.46
0014 Director of Community Services NA0014 74.64 83.07 92.46
0008 Director of Economic Development NA0008 74.64 83.07 92.46
0574 Director of Human Resources NA0574 74.64 83.07 92.46
0479 Chief Information Officer NA0479 74.64 83.07 92.46
0007 Director of Library Services NA0007 69.94 77.85 86.66
0589 Community Development Director NA0589 80.82 89.97 100.13
0010 Director of Public Works NA0010 80.82 89.97 100.13
0518 Chief Financial Officer NA0518 80.82 89.97 100.13
0015 Fire Chief NA0015 85.82 95.51 106.31
0011 Police Chief NA0011 85.82 95.52 106.31
0012
Director of Organizational Learning &
Engagement NA0012 74.64 83.07 92.46
0016 City Attorney NA0016 100.18 111.51 124.10
0017 City Clerk NA0017 69.94 77.85 86.66
0018 City Treasurer - PART-TIME NA0018 69.94 77.85 86.66
Pay
Grade
0593 Chief Assistant City Attorney NA0593 74.64 78.75 83.07 87.64 92.46
0699 Deputy Community Prosecutor NA0699 43.20 45.58 48.08 50.73 53.52
0840 Deputy Director of Community Dev NA0840 66.54 70.21 74.07 78.14 82.44
0650 Assistant Chief of Police NA0650 78.70 83.03 87.60 92.41 97.50
0900 Assistant Chief Financial Officer NA0900 66.54 70.21 74.07 78.14 82.44
*Per Resolution 2019-XX adopted on 11/04/19 the compensation of City Manager was modified and modification to title of Director of Organizational
Learing & Engagement
EXECUTIVE MANAGEMENT
DEPARTMENT HEADS
ELECTED OFFICIALS
ELECTED OFFICIALS PART-TIME
CONTRACT NON-DEPARTMENT HEAD
Job No.Description A B C D E
EXHIBIT 1
NON-ASSOCIATED EXECUTIVE MANAGEMENT SALARY SCHEDULE
EFFECTIVE NOVEMBER 04, 2019
Job No.Description
DRAFT
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CITY OF HUNTINGTON BEACH
CLASS SPECIFICATION
TITLE: DIRECTOR OF ORGANIZATIONAL LEARNING AND ENGAGEMENT
PERSONNEL COMMISSION APPROVAL:
COUNCIL APPROVAL:
NOT APPLICABLE
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JOB CODE:0012
EMPLOYMENT STATUS: REGULAR FULL-TIME
UNIT REPRESENTATION: NON-ASSOCIATED
FLSA STATUS:EXEMPT
DUTIES SUMMARY
The fundamental reason for the existence of this classification is to provide
organizational development, communication and research services that meet the
identified needs of individual department and citywide change efforts and goals. Areas
of responsibility include process mapping, research, training, and succession planning,
to obtain optimum efficiency and economy of operations.
DISTINGUISHING CHARACTERISTICS
This position is a Department Head reporting directly to the City Manager, responsible
for organizational development, management and research programs. Incumbent must
exercise considerable independence of action and judgement in performing duties,
which involve the development, coordination, and implementation of organizational
development and change initiatives that assure city workforce is prepared to meet or
exceed performance goals.
EXAMPLES OF ESSENTIAL DUTIES
Plans, develops and implements organization policies and goals; conducts related
research and needs analysis studies which result in recommendations and
implementation of appropriate action to assure organizational effectiveness; oversees
and coordinates the managed competition(?), process mapping and improvements
programs; develops methods/vehicles for improving internal communications; serves as
internal consultant with line management to provide customized solutions for various
departments; compiles data and analyzes past and current year performance trends to
prepare budgets and justify funds requested; formulates training policies, programs and
schedules, based on knowledge of identified training needs, organizational processes,
procedures or services; researches and selects outside consultant trainer to conduct
training in specific topics; coordinates and evaluates training work performed by
contractors and vendors; drafts applications and proposals to submit to fund granting
320
CITY OF HUNTINGTON BEACH
CLASS SPECIFICATION
TITLE: DIRECTOR OF ORGANIZATIONAL LEARNING AND ENGAGEMENT
PERSONNEL COMMISSION APPROVAL:
COUNCIL APPROVAL:
NOT APPLICABLE
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authorities such as government agencies and foundations; confers with administrative
personnel and reviews activity and operating reports to determine changes in programs
or operations required; works with administrators, department heads and managers to
survey and assess employee development needs; develops and maintains reporting
systems to monitor departmental and employee progress toward achieving
organizational goals; develops employee motivational programs; provides internal
leadership consulting on employee and organizational development; facilitates the
alignment of individual development objectives and organizational objectives; prepares
reports and correspondence; performs other related duties.
The preceding duties have been provided as examples of the essential types of work
performed by positions within this job classification. The City, at its discretion, may add,
modify, change or rescind work assignments as needed.
MINIMUM QUALIFICATIONS:
Any combination of education, training, and experience that would likely provide the
knowledge, skills, and abilities to successfully perform in the position is qualifying. A
typical combination includes:
Knowledge of: The principles, methods and procedures utilized in; organizational
development, communication processes in complex organizations, process mapping,
professional ethics of group interaction and interpersonal dynamics, organizational
problem solving, conflict resolution, management, supervision and research.
Ability to: Plan, organize, develop and implement comprehensive organization and staff
development programs; establish and maintain credibility with employees, supervisors,
and managers; model behavior that is consistent with the organization values and basic
principles; analyze problems and recommend methods of resolution and change;
perform the role of facilitator and effectively utilize group dynamic skills and techniques;
present information to groups in an organized and timely manner; supervise the
performance of in-house volunteers and contract instructors; communicate effectively
verbally and in writing; work cooperatively with others.
Education: Bachelor’s degree from an accredited college or university in public
administration, public policy, business administration, organizational development,
industrial/organizational psychology, sociology or related field. Master’s degree and/or
321
CITY OF HUNTINGTON BEACH
CLASS SPECIFICATION
TITLE: DIRECTOR OF ORGANIZATIONAL LEARNING AND ENGAGEMENT
PERSONNEL COMMISSION APPROVAL:
COUNCIL APPROVAL:
NOT APPLICABLE
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continuing education in a field related to management or organizational development is
preferred.
Experience: Five years of progressive responsibility as manager or supervisor in a
local government including working knowledge of organizational development tools.
Prior experience and proven accomplishments in organizational development program
design, implementation and maintenance highly desirable.
SPECIAL CONDITIONS:
Certificates/Licenses: A valid California Class C driver license with an acceptable
driving record required at time of appointment and during course of employment.
Employees regularly assigned/required to drive a city or personal vehicle in the course
and scope of work shall be required to participate in the DMV Employer Pull Notice
program
Public Employee Disaster Service Worker: In accordance with Government Code
Section 3100, all Huntington Beach city employees are required to perform assigned
disaster service worker duties in the event of an emergency or a disaster.
PHYSICAL TASKS AND ENVIRONMENTAL CONDITIONS:
Work is performed in a general office environment and may involve extended periods at
a computer keyboard or work station. Work involves sedentary to light work and
requires sitting for prolonged periods of time; standing and walking to retrieve work files
or to other departments or office locations; requires daily leaning, bending and/or
stooping to perform work at a desk or to retrieve information; daily pushing, turning or
twisting to move chair or body from desk; light grasping to hold a writing instrument or
documents; firm grasping as needed to carry work files or to operate office equipment;
finger dexterity to type on a computer keyboard; and hearing and speaking clarity to
answer the telephone or speak with staff and the public. There is the need to lift light
objects (up to 25 pounds) and perform other similar actions during the course of the
workday. Also requires the ability to operate, maneuver and/or control equipment,
machinery, tools and materials used in performing essential functions.
322
CITY OF HUNTINGTON BEACH
CLASS SPECIFICATION
TITLE: DIRECTOR OF ORGANIZATIONAL LEARNING AND ENGAGEMENT
PERSONNEL COMMISSION APPROVAL:
COUNCIL APPROVAL:
NOT APPLICABLE
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Employee accommodations for physical or mental disabilities will be considered on a
case-by-case basis.
0012
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City of Huntington Beach
File #:19-1104 MEETING DATE:11/4/2019
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Oliver Chi, City Manager
PREPARED BY:Travis K. Hopkins, Acting Assistant City Manager
Subject:
Approve the appointment of Christopher Slama to the position of the Director of Community
Services and authorize the City Manager to execute the Employment Agreement
Statement of Issue:
The Director of Community Services positon has become vacant due to the appointment of Marie
Knight to the Director of Organizational Learning and Development. The City Manager is
recommending the appointment of Christopher Slama to the position of Director of Community
Services.
Financial Impact:
Funding for this position is included in the FY 2019/20 budget.
Recommended Action:
Approve and authorize the City Manager to execute the “Employment Agreement Between the City of
Huntington Beach and Christopher Slama” for the position of Director of Community Services.
Alternative Action(s):
Do not approve the agreement and provide alternate direction.
Analysis:
Upon the promotion of Marie Knight, the Director of Community Services position will become vacant.
The City Manager is recommending the appointment of Christopher Slama to the Director of
Community Services. Christopher has worked for the City of Huntington Beach in various capacities
for over 28 years, serving as Community Services Manager for the past five years and served as the
Acting Director of Community Services from October 2019 through April 2019. Christopher attended
California State University Long Beach, earned a bachelor’s degree in Liberal Studies. He also has
received a Certificate in Leadership Development through the California State University Fullerton
Leadership Development Program. During his tenure in Huntington Beach, Christopher has held the
following positions: Community Services Recreation Supervisor at Murdy Park Community Center
and Michael E. Rogers Seniors’ Center. Over the years, he has worked closely with many
Huntington Beach community services groups, residents, non-profits, school districts, and City staff
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helping enhance the quality of life in Huntington Beach.
The City Manager recommends City Council approval to appoint Christopher Slama to the position of
the Director of Community Services effective November 4, 2019. The contractual compensation is
recommended at Non-Associated/Executive Management Pay Grade NA 0014, Starting Point. The
annual salary of $155,251.20.
Environmental Status:
N/A
Strategic Plan Goal:
Enhance and maintain high quality City services
Attachment(s):
1. Employment Agreement
2. Exhibit A -Non-Associated Resolution - Resolution No. 2016-50
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City of Huntington Beach
File #:19-1119 MEETING DATE:11/4/2019
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Oliver Chi, City Manager
PREPARED BY:Kellee Fritzal, Deputy Director of Economic Development
Subject:
Approve and authorize execution of a Lease Agreement for Let’s Go Fishing at the Huntington
Beach Pier
Statement of Issue:
The City Council is requested to approve a lease agreement for a concession building located on the
Huntington Beach Pier with Let’s Go Fishing.
Financial Impact:
Let’s Go Fishing currently pays $762.51/month in base rent which will be increased to
$950.00/month. The current Percentage Rent is 10% of gross sales that exceed $762.51. The
Percentage Rent will be increased to 10.5% at the commencement of the new lease. Revenue from
the leases will be deposited into the General Fund (1000100.43095) Beach Concessions.
Recommended Action:
A) Approve and authorize the Mayor, City Clerk, and City Manager to execute “Lease between the
City of Huntington Beach and Marian Johnson, a sole proprietor, doing business as Let’s Go Fishing
and Surf City Snack Bar in the City of Huntington Beach”; and,
B) Direct staff to review expectations/options for the Pier Concession and bring back as a Study
Session item.
Alternative Action(s):
Do not approve the Lease Agreement and direct staff accordingly.
Analysis:
On November 16, 2009, the City Council also approved three (3) five (5) year lease agreements with
Let’s Go Fishing, Surf City Store, and Kite Connection including one five (5) year option to extend.
Each concession stand was visitor serving and focused on separate unique items. Each concession
stand is 620 square feet built by the City to replace the former cargo bin stores on the Pier.
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The terms of the three leases include a minimum base rent with annual CPI increases, and a
percentage rent, if sales exceed the base rent. The three concession leases are set to expire on
November 16, 2019. Staff reviewed each concession stand’s performance evaluating revenue to the
City, offerings to the public, and operations. Based upon the review, staff recommended to the
Economic Development Committee (“EDC”) that new leases be created for the Surf City Store and
Kite Connection, and the third lease be reconsidered. EDC agreed and on April 29, 2019, the City
released a Request for Proposals (RFP), which was posted on City’s Planet Bid webpage. The
Scope included the desire to provide concession services to the public within the pier concession
building and not to duplicate the current concession offerings. The proposals were due on June 3,
2019. The City received six (6) proposals: Armijo’s Enterprise, Chronic Tacos, Let’s Go Fishing,
Primo Nosh, Team Real Estate, and Zack’s Jr.
A committee of four (4) independent reviewers (Community Services, Public Works, Finance, and
City Manager’s Office), as well as Purchasing and the Office of Business Development reviewed the
six proposals. On July 8, the committee met and the three top proposals were ranked: Zack’s Jr,
Let’s Go Fishing, and Armijo’s Enterprises. On July 29, 2019, interviews were conducted with the top
three proposals.
After review by the EDC, staff is recommending a one (1) year lease with Let’s Go Fishing. Staff has
negotiated new terms for the one-year lease agreement with Marian Johnson based on the following
terms:
·Base Rent: $950.00 per month
·Percentage Rent of 10.5%of all gross sales exceeding $950.00
·Permitted Uses: Full bait and tackle shop selling and/or renting fishing rods, tackle, bait,
snacks, and sporting goods/equipment on the premises.
·Minimum Days: 350 days open for a minimum of eight (8) hours a day
·Maintenance: Let’s Go Fishing shall repair and maintain the concession
Over the next six (6) months, staff will be reviewing the operations of the Pier , adjacent cities Pier
operations, and bring back a Study Session to discuss the future of the Pier leases.
Environmental Status:
Not applicable
Strategic Plan Goal:
Strengthen long-term financial and economic sustainability
Attachment(s):
1. “Lease Between the City of Huntington Beach and Marian Johnson, a Sole Proprietor, Doing
Business As Let’s Go Fishing and Surf City Snack Bar in the City of Huntington Beach”
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City of Huntington Beach
File #:19-1024 MEETING DATE:11/4/2019
REQUEST FOR CITY COUNCIL/HOUSING AUTHORITY ACTION
SUBMITTED TO:Honorable Mayor/Chair and City Councilmembers/Commissioners
SUBMITTED BY:Oliver Chi, City Manager/Executive Director
PREPARED BY:Kellee Fritzal, Deputy Director of Economic Development
Subject:
Approve and authorize execution of an Acquisition Loan Agreement between the City and
Jamboree Housing Corporation for development of up to 43 senior apartment units located at
18431 Beach Boulevard; and approve allocation of funds
Statement of Issue:
Jamboree Housing Corporation (“Jamboree”) has entered into a purchase and sale agreement for
the acquisition of an approximately .78 acre parcel of vacant land located at 18431 Beach Boulevard
(Site), with the intent to develop an affordable housing project. Based on the merits of the project,
coupled with the City’s availability of restricted housing funds, staff is recommending approval of a $3
million property acquisition loan to help facilitate the affordable housing development project. Of
note, the proposed property acquisition loan would only be to help facilitate acquisition of the Site. If
Jamboree is unable to secure financing for the project, or if Jamboree fails to entitle their proposed
project, the Site would have to then be transferred back to the City.
Financial Impact:
The funding will be through the Inclusionary Housing Fund of $2.1 million (Fund 217) and LMIHAF
Fund of $900,000 (Fund 352); the former Redevelopment Agency housing funds. Both of these
funds are restricted for the purpose of developing affordable housing within the City. Adequate fund
balance is available in both funds.
Recommended City Council and Housing Authority Action:
A) Approve the Loan Agreement (as defined later in this Staff Report) by and between the City of
Huntington Beach, the Housing Authority and JHC-Acquisitions LLC. Authorize the City
Manager/Executive Director and City Attorney/Authority Counsel to make non-substantive changes if
required; and,
B) Authorize and direct the City Manager/Executive Director, after City Attorney/Authority Counsel
review, to sign any necessary documents to implement the Agreement; and,
C) Appropriate funds of $2.1 million from Fund 217 and $900,000 from Fund 352 for this purpose.
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Alternative Action(s):
Do not approve the Agreement and provide Staff direction.
Analysis:
Jamboree has entered into a purchase and sale agreement to acquire the Site for $3 million. As part
of their proposed development plan, the developer has been engaged in discussions with the City
regarding a possible subsidy to facilitate their acquisition of the identified property. After review and
analyzing the issue in great detail, staff and Jamboree have developed for City Council consideration
an Acquisition Loan agreement (Loan Agreement). If approved, the Loan Agreement would result in
the City providing Jamboree with a $3 million loan to facilitate acquisition of the Site. Of note, the
Loan Agreement would be secured by the real property acquired, and would also require that
affordability covenants be recorded against the Site to prohibit anything other than affordable housing
on the property.
By acquiring the Site, Jamboree will be able to seek funding for the construction of the project from
multiple sources including the State, County, and the Tax Credit Allocation Committee (“TCAC”). If
Jamboree fails to secure the required funding for development, the land will be conveyed to the City
for a future affordable housing project.
While Jamboree has entered into a purchase and sale agreement to acquire the Site for $3,000,000,
an appraisal dated July 30, 2019, prepared by Nagasaki and Associates, values the site at three
million, two hundred thousand Dollars ($3,200,000). Jamboree has conducted both a Phase I and
Phase II Environmental Site Assessment which determined the site to be free of environmental
contamination liabilities.
Jamboree is a nonprofit affordable housing developer founded in 1990 with the mission to deliver
quality housing and services, leverage resources, transform lives, and strengthen communities.
Jamboree currently has five (5) successful affordable housing projects within the City of Huntington
Beach.
The Community Development Department has reviewed several conceptual housing projects at the
site over the past ten years. Jamboree’s site analysis has resulted in the following conceptual unit
yield for the site:
Type of Units Number of Units
1-Bedroom Units 39
2- Bedroom Units 4
Total 43
Part of Jamboree’s site analysis to determine whether the site is a good candidate to be eligible for
restricted funds not only requires the unit yield analysis, but an affordability analysis as well. As part
of this analysis, Jamboree envisions this affordable housing project to consist of 33 units for
extremely low-income seniors, and six units for low income seniors. Jamboree also envisions a
future project to include wrap-around services to assist the vulnerable, extremely low-income
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File #:19-1024 MEETING DATE:11/4/2019
population that Jamboree looks to serve at the site. This model is often referred to as “permanent
supportive housing.”
It is necessary for Jamboree to acquire the site in order to be competitive for additional funding. The
City’s financial consultant, Keyser Marston Associates, reviewed Jamboree’s pro-forma and
determined that the projected costs and revenues are in line with industry standards for the proposed
product type and financial gap of three million, three hundred eleven thousand dollars ($3,311,000)
does exist. In other words, the projected costs to develop the proposed product type exceed the
projected revenue generated by over three million dollars. Therefore, the loan amount of three
million dollars ($3,000,000) is reasonable and justified to enable an affordable housing development
at the site.
If the Loan Agreement is approved, Jamboree will use its best efforts to secure additional financing
and entitlements. Upon successful completion of those efforts, an Affordable Housing Agreement will
be brought forward to the City Council for consideration to memorialize the specifics of an affordable
housing development (unit count, affordability, etc.).
Environmental Status:
The action to approve the Loan Agreement with Jamboree is exempt pursuant to Section 15061(b)(3)
of the California Environmental Quality Act (CEQA) Guidelines, which exempts activities where it can
be seen with certainty that there is no possibility that the activity may have an adverse environmental
effect. Jamboree is currently in the process of acquiring the Site and is requesting an acquisition
loan from the City. The action to enter into the Loan Agreement with Jamboree does not constitute
project approval or ensure that the project would obtain funding to move forward. Jamboree is
acquiring the site for the purpose of obtaining funding for and the subsequent development of an
affordable housing project of up to 43 units on the site, which would be subject to a separate
development application and environmental review process. However, a future project contemplated
on the Site would be exempt pursuant to Section 15194, which exempts affordable housing projects
meeting specific criteria listed in Sections 15192 and 15194 of the CEQA Guidelines. Based on
current site information, the Site and project would meet the criteria listed in the above-mentioned
sections.
Strategic Plan Goal:
Non-Applicable - Administrative Item
Attachment(s):
1. Acquisition Loan Agreement by and between the City of Huntington Beach and JHC-
Acquisitions LLC
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The Acquisition Loan Agreement between the City and Jamboree Housing
Corporation will be published with Supplemental Communications scheduled for
release on Friday, November 1, 2019 at approximately 3:00 PM
438
City of Huntington Beach
File #:19-1094 MEETING DATE:11/4/2019
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Oliver Chi, City Manager
PREPARED BY:Ursula Luna-Reynosa, Director of Community Development
Subject:
Direct staff to prepare Amendments to the Housing Element of the General Plan and to the
Beach Edinger Corridor Specific Plan (BECSP) to obtain Housing and Community
Development (HCD) certification for the purpose of being eligible to apply for SB 2 Funds
Statement of Issue:
The City Council has expressed interest in obtaining state SB2 funds for the purpose of using the
money toward the establishment of a homeless shelter/navigation center. One of the eligibility
criteria for SB2 funds is to have a state Department of Housing and Community Development (HCD)
certified Housing Element. The application period for the next round of SB2 funding is anticipated to
begin in April 2020. The requested action is for the City Council to consider whether to direct staff to
prepare an amendment to the Housing Element and an amendment to the Beach Edinger Corridor
Specific Plan (BECSP) to include an affordable housing overlay. Adoption of an amendment to the
Housing Element would be scheduled for a future City Council meeting with a noticed public hearing
while an amendment to the BECSP would be scheduled for both future Planning Commission and
City Council meetings with noticed public hearings. If adopted by the City Council, the amended
Housing Element would be submitted to HCD for certification which would enable the City to be
eligible for SB 2 funds.
Financial Impact:
Not applicable.
Recommended Action:
Direct staff to prepare an amendments to the Housing Element and BECSP for City Council
consideration.
Alternative Action(s):
Do not direct staff to prepare amendments to the Housing Element and BECSP .
Analysis:
The Housing Element is one of the state-mandated elements of the City’s General Plan.State housing
element law, enacted in 1969, mandates that local governments adequately plan to meet the existing
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element law, enacted in 1969, mandates that local governments adequately plan to meet the existing
and projected housing needs of all economic segments of the community. The law acknowledges that,
in order for the private market to adequately address housing needs and demand, local governments
must adopt land use plans and regulatory systems which provide opportunities for, and do not unduly
constrain, housing development. As a result, housing policy in the state has historically rested largely
upon the implementation of local general plan housing elements. Housing element law also requires
the Department of Housing and Community Development (HCD) to review local housing elements for
compliance with state law and to report its written findings to the local government. If HCD finds that a
local housing element complies with state law, the jurisdiction’s housing element is considered HCD
certified. In September 2013, the 2013-2021 Housing Element was adopted by the City Council and
subsequently certified by HCD in October 2013. It was then essentially de-certified by HCD following
an amendment to the BECSP in May of 2015. The City is interested in pursuing an HCD certified
housing element for the purpose of being eligible for SB 2 Funds.
Regional Housing Needs Assessment (RHNA)
State housing element law also requires that each city and county develop local housing programs to
meet its fair share of existing and future housing needs for all income groups, as determined by the
jurisdiction's Council of Governments (COG). In the southern California region, the COG/agency
responsible for assigning the regional housing needs to each jurisdiction is the Southern California
Association of Governments (SCAG). In 2012, SCAG allocated 1,353 units of the total regional
housing need to Huntington Beach for the 2013-2021 planning period, which is the 5
th housing
element cycle. The table below provides a breakdown of the RHNA allocation by various household
income categories.
TABLE 1: City of Huntington Beach 5th Cycle RHNA
Income Level Percent of AMI* (Area
Median Income)
Number of Units Percentage of
Units
Very Low (includes
Extremely Low)
0-50%313 24%
Low 51-80%220 16%
Moderate 81-120%248 18%
Above Moderate >120%572 42%
Total 1,353 100%
*2019 Orange County AMI = $97,900
As a planning document, state law requires local governments to demonstrate, through zoning, how
the RHNA can be accommodated for every income level. For the 5
th cycle, RHNA is not a
construction mandate and a community is not obligated to actually build housing to meet the need.
2015 Beach and Edinger Corridors Specific Plan (BECSP) Amendment
Prior to May 2015, the City met the majority of its 533 unit lower income RHNA target through vacant
and underutilized sites in the BECSP. When a BECSP amendment was adopted in May 2015, the
residential development cap was reduced and standards were changed that affected the City’s ability
to continue to count the vacant and underutilized BECSP sites that were identified in the adopted
Housing Element toward the City’s lower income RHNA. Consequently, HCD sent a letter to the City
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Housing Element toward the City’s lower income RHNA. Consequently, HCD sent a letter to the City
finding that the Housing Element was out of compliance with state housing element law and
rescinded the City’s Housing Element certification.
Current RHNA Status
At the time the BECSP amendment was approved, the City had already met its moderate and above
moderate RHNA target through: 1) projects built or approved; and 2) vacant, appropriately zoned
sites in other areas of the City. There was also some progress made toward the lower income RHNA
through projects built, but not enough vacant or qualifying underutilized sites to accommodate the
remaining lower income RHNA once the BECSP sites were no longer eligible to be counted toward
the RHNA target. Table 2 below shows the City’s current 5th cycle RHNA status.
TABLE 2: RHNA Status
Income
Group
RHNA
Targets
Building
Permits (post
12/31/13
occupancy)
Approved Units
(post 12/31/13
occupancy)
Vacant/ Under
-Utilized Sites
Total Site
Capacity
(credit
towards
RHNA)
RHNA
Shortfall
under Current
Zoning
Very Low 313 50 0 22 120 413
Low 220 47 1
Moderate 248 274 9 197 498 -
Above
Moderate
572 2,574 266 147 2,987 -
Total 1,353 2,945 276 362 3,605 413
Accommodating the RHNA Shortfall
According to state housing element law, when a local government’s site capacity does not
demonstrate that the supply of suitable, available, and appropriately zoned sites are sufficient to
accommodate the RHNA by income level, the Housing Element must include a program that provides
sufficient sites within the planning period. More specifically, an “adequate sites” program must
commit a jurisdiction to the following:
·Rezoning sites to accommodate 100 percent of the lower income RHNA shortfall during the
planning period;
·The zoning ordinance must allow owner-occupied and rental residential uses “by right” on the
rezoned sites (a Conditional Use Permit (CUP) cannot be required);
·Sites must be large enough to accommodate a minimum of 16 units;
·The density must allow a minimum of 30 units per acre; and
·At least 50 percent of the rezoned sites must allow for exclusively residential uses.
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File #:19-1094 MEETING DATE:11/4/2019
Adequate Sites Program
In order to address the lower income unit RHNA shortfall, the City is proposing to undertake an
adequate sites program within the parameters of state law consisting of the following:
·Establish an "Affordable Housing Overlay" within the BECSP to be applied to the sites
identified in Table 3 below to accommodate the RHNA shortfall.
·Allow for residential development within the Overlay to continually accommodate the
remaining lower income RHNA shortfall throughout the entire planning period.
·Replace the Conditional Use Permit (CUP) requirement with a “by-right” administrative Site
Plan Review process on sites designated with the Overlay that propose at least 20% lower
income units (encompassing extremely low, very low, and low income units) on site (no in lieu
fees allowed).
·Replace the amended BECSP parking requirement with requirements in line with the citywide
multi-family parking standard for sites within the Overlay.
·Provide for exclusively residential uses on sites in the Overlay (no commercial component
required).
Affordable Housing Overlay Sites
Staff has identified seven sites within the BECSP for designation within the “Affordable Housing
Overlay.” Five of the sites are sites that are currently identified in the existing adopted Housing
Element. Two additional underutilized sites within the BECSP have also been identified for
designation within the Overlay.These two sites were selected because one is contiguous with one of
the existing Housing Element sites and the other site is an underutilized state owned property. As
indicated in Table 3, in aggregate, these seven sites encompass a total 10.85 acres, providing
potential development of 607 multi-family units at densities in excess of the minimum default density
threshold of 30 units/acre for lower income site suitability.
TABLE 3: Affordable Housing Overlay Sites
Map #Location Current
Zoning
Proposed
Zoning
Existing H.E.
Site
Assumed
Density
Site Acreage Realistic Unit
Potential
1 17631 Cameron/17642
Beach
SP14 SP14 -
Affordable
Housing
Overlay
Underutilized
Site D / Vacant
Site 70
50 du/ac 1.58 (two 0.79
-acre parcels
held in
common
ownership)
79
2 18431 Beach SP 14 SP14 -
Affordable
Housing
Overlay
Vacant Site 66 55 du/ac 0.78 43
3 / 4 18700 Delaware/18811
Florida
SP14 SP14 -
Affordable
Housing
Overlay
Underutilized
Sites A &
B/Vacant Sites
67 a/b
67 du/ac 4.0 (four
parcels in
common
ownership)
271
5 19432 Beach SP14 SP14-
Affordable
Housing
Overlay
Vacant Site 65 40 du/ac 1.0 40
6 19471 Beach/19431
Beach
SP14 SP14-
Affordable
Housing
Overlay
Underutilized
Site E
(combined
with non HE
site)
50 du/ac 1.39 (two
parcels)
69
7 19601 Beach SP14 SP14-
Affordable
Housing
Overlay
N/A - State
owned
property
50 du/ac 2.1 105
Total Site Capacity 10.85 607
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File #:19-1094 MEETING DATE:11/4/2019
Map #Location CurrentZoning ProposedZoning Existing H.E.Site AssumedDensity Site Acreage Realistic UnitPotential117631 Cameron/17642Beach SP14 SP14 -AffordableHousingOverlay UnderutilizedSite D / VacantSite 70 50 du/ac 1.58 (two 0.79-acre parcelsheld incommonownership)79218431 Beach SP 14 SP14 -AffordableHousingOverlay Vacant Site 66 55 du/ac 0.78 433 / 4 18700 Delaware/18811Florida SP14 SP14 -AffordableHousingOverlay UnderutilizedSites A &B/Vacant Sites67 a/b 67 du/ac 4.0 (fourparcels incommonownership)271
5 19432 Beach SP14 SP14-
Affordable
Housing
Overlay
Vacant Site 65 40 du/ac 1.0 40
6 19471 Beach/19431
Beach
SP14 SP14-
Affordable
Housing
Overlay
Underutilized
Site E
(combined
with non HE
site)
50 du/ac 1.39 (two
parcels)
69
7 19601 Beach SP14 SP14-
Affordable
Housing
Overlay
N/A - State
owned
property
50 du/ac 2.1 105
Total Site Capacity 10.85 607
Housing Element and BECSP Amendment Process
Staff has informally consulted with HCD to ensure that the approach described in this report would be
consistent with state housing element law. HCD has communicated the requirement for the BECSP
amendment to occur prior to HCD certifying the Housing Element. If the City Council directs staff to
prepare amendments to the Housing Element and BECSP, the following next steps would occur:
·Submit a draft Housing Element amendment to HCD for a 60-day review (Nov. ’19 - Jan. ’20)
·Conduct a concurrent 30-day public review and comment period (Nov. ’19 - Dec. ’19)
·Planning Commission and City Council public hearings to consider and take action on the
Housing Element amendment and an amendment to the BECSP establishing the Affordable
Housing Overlay (Tentative Jan//Feb. ’20)
Environmental Status:
This item involves City Council direction to prepare an amendment to the Housing Element and is
exempt under Section 15061(b)(3) of the California Environmental Quality Act (CEQA), which
exempts activities where it can be seen with certainty that there is no possibility that the activity may
have a significant effect on the environment. The provision of City Council direction in this case does
not commit the City Council to adopting a Housing Element amendment or any particular program of
a Housing Element amendment, including the designation of any particular site. Upon direction from
the City Council, staff will prepare an amendment to the Housing Element and any associated
amendments and conduct environmental review in accordance with CEQA.
Strategic Plan Goal:
Non-Applicable - Administrative Item
Attachment(s):
1. Affordable Housing Overlay sites map
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Yorktown Ave.BeachBlvd.Gothard St.Newland St.Main St.Talbert Ave.Main St.Garfield Ave.
Ellis Ave.
Talbert Ave.
City of Huntington Beach
Sites to AccommodateRemaining RHNA
1
2
3/4
5 6Beach Blvd.Beach Blvd.Yorktown Ave.
Ellis Ave.
Garfield Ave.Delaware St.City Facility
Park
School
RHNA Site
Map #RHNA Site1 17631 Cameron Ln./17642 Beach Blvd.2 18431 Beach Blvd.3/4 18700 Delaware St./18811 Florida St. 5 19432 Beach Blvd.6 19471 Beach Blvd./19431 Beach Blvd.7 19601 Beach Blvd.
7
\\GISDATA\Projects\Planning\Miscellaneous\RHNA.mxd
CAUTIONWHEN USING THIS MAP
Information shown hereon is a compilation of data from sources of varying accuracy and is provided as a convenience to the user. The City of Huntington Beach does not guarantee its completeness or accuracy.
It is the user's responsibility to verify all information to their own satisfaction.
Information Services Department
HB GISSeptember 2019444