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AGENDA
CITY COUNCIL/PUBLIC FINANCING AUTHORITY
Monday, December 16, 2019
Council Chambers
2000 Main Street
Huntington Beach, CA 92648
No Study Session / Closed Session - 4:00 PM
Regular Meeting - 6:00 PM
MAYOR AND CITY COUNCIL
LYN SEMETA, Mayor
JILL HARDY, Mayor Pro Tem
PATRICK BRENDEN, Councilmember
KIM CARR, Councilmember
BARBARA DELGLEIZE, Councilmember
ERIK PETERSON, Councilmember
MIKE POSEY, Councilmember
STAFF
OLIVER CHI, City Manager
MICHAEL E. GATES, City Attorney
ROBIN ESTANISLAU, City Clerk
ALISA BACKSTROM, City Treasurer
Special Meetings of the Housing Authority,
Parking Authority and Successor Agency
AGENDA December 16, 2019City Council/Public Financing
Authority
4:00 PM - COUNCIL CHAMBERS
CALL TO ORDER
ROLL CALL
Posey, Delgleize, Hardy, Semeta, Peterson, Carr, Brenden
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution)
PUBLIC COMMENTS PERTAINING TO CLOSED SESSION ITEMS (3 Minute Time Limit)
RECESS TO CLOSED SESSION
CLOSED SESSION ANNOUNCEMENT(S)
19-12291.Mayor 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 and
Peter Brown; also in attendance: Travis Hopkins, Acting Assistant
City Manager and Robert Handy, Chief of Police 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
19-11802.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).
19-12193.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 and Peter Brown; also in
attendance: Travis Hopkins, Acting Assistant City Manager and
Robert Handy, Chief of Police, regarding the following: Municipal
Employees’ Association (MEA); Management Employees'
Organization (MEO); Police Officer's Association (POA); Police
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AGENDA December 16, 2019City Council/Public Financing
Authority
Management Association (PMA); Marine Safety Management
Association (MSMA) Surf City Lifeguard Employees’ Association
(SCLEA) and Non-Associated.
19-12204.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: Chavez-Perea (Blanca) v. City of
Huntington Beach, et al.; OCSC Case No. 30-2019-01082042.
19-12215.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: Kilhullen (Barbara) v. City of
Huntington Beach; OCSC Case No.: 30-2019-01091611.
19-12286.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: Turman (Kathy M.) v. City of
Huntington Beach; OCSC Case No.: 30-2018-01008686.
6:00 PM – COUNCIL CHAMBERS
RECONVENE CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING, AND CALL TO ORDER
SPECIAL MEETINGS OF THE HOUSING AUTHORITY, PARKING AUTHORITY AND SUCCESSOR
AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF HUNTINGTON BEACH
ROLL CALL
Posey, Delgleize, Hardy, Semeta, Peterson, Carr, Brenden
PLEDGE OF ALLEGIANCE
INVOCATION
In permitting a nonsectarian invocation, the City does not intend to proselytize or advance any
faith or belief. Neither the City nor the City Council endorses any particular religious belief or form
of invocation.
19-11547.Marcy Tieger of University Synagogue, Irvine and member of the
Greater Huntington Beach Interfaith Council
CLOSED SESSION REPORT BY CITY ATTORNEY
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AGENDA December 16, 2019City Council/Public Financing
Authority
AWARDS AND PRESENTATIONS
19-12178.Mayor Semeta to call on Victoria Alberty to present the “Adoptable
Pet of the Month”
19-12189.Mayor Semeta to call on the Huntington Beach Firefighter’s
Association who will present a check to Operation Surf from its
recent Annual Great Balls of Fire Charity Golf Tournament.
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
19-118310.Approve Mayor Semeta’s 2020 Council Liaison List
As recommended by the City Council, Public Financing Authority, Housing Authority,
Parking Authority, and Successor Agency: Approve the 2020 Council Liaison List that
includes appointments to citizen boards, commissions, committees, and task forces as
presented by Mayor Semeta. (The City Clerk certifies that FPPC Form 806 “Agency
Report of Public Official Appointments” which is used to report additional compensation
that officials receive when appointing themselves to positions on committees, boards or
commissions of a public agency, special district and joint powers agency or authority was
posted to the City’s website according to law prior to this vote.)
Recommended Action:
CITY MANAGER'S REPORT
CONSENT CALENDAR
19-117911.Approve and Adopt Minutes
Approve and adopt the City Council/Public Financing Authority regular meeting minutes
dated November 18, 2019 and December 2, 2019, as written and on file in the office of the
City Clerk.
Recommended Action:
19-105412.Receive and file the Maddy Act Local Appointments List - 2020
(terms on City boards, commissions, and committees which expire
in 2020) informing the public of openings and vacancies based on
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AGENDA December 16, 2019City Council/Public Financing
Authority
2020 expiration of current members’ terms
Receive and file the Maddy Act Local Appointments List - 2020 showing vacancies which
will occur on City boards, commissions, and committees in the year 2020, and direct the
City Clerk to post the list at official posting locations (Civic Center, Huntington Central
Library, and Main Street Library). Copies of the Maddy Act Local Appointments List -
2020 will also be posted at all branch libraries and on the City’s website.
Recommended Action:
19-120613.Receive and file the monthly status update on the 6th cycle Regional
Housing Needs Assessment (RHNA) process
Receive and file the monthly Regional Housing Needs Assessment (RHNA) process
status update.
Recommended Action:
19-120014.Approve Fiscal Year 2018/19 Year End Preliminary Unaudited
General Fund Balance Designations
Approve the assignments of preliminary FY 2018/19 year-end General Fund Balance
increase of $10.4 million and reallocation of fund balance categories in the amounts and
for the purposes indicated in Attachment 1.
Recommended Action:
19-117415.Accept the lowest responsive and responsible bid and authorize
execution of a construction contract with Nobest, Inc. in the amount
of $803,850 for the Residential Curb Ramp Project, CC-1589
A) Accept the lowest responsive and responsible bid submitted by Nobest, Inc. in the
amount of $803,850; and,
B) Appropriate an additional $82,000 from the Measure “M” undesignated fund balance to
Account 21390004.823 00 and,
C) Authorize the Mayor and City Clerk to execute a construction contract in a form
approved by the City Attorney.
Recommended Action:
19-121016.Approve the purchase of a replacement fire engine with South Coast
Fire Equipment, Inc. and an ambulance with Braun Northwest, Inc.;
and, authorize the City Manager to execute all documents necessary
to lease finance the purchase of the fire engine and ambulance
Recommended Action:
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AGENDA December 16, 2019City Council/Public Financing
Authority
Approve the purchase of the replacement fire engine with South Coast Fire Equipment,
Inc. and an ambulance with Braun Northwest, Inc.; and , authorize the City Manager to
execute all documents necessary to lease finance the purchase of the fire engine and
ambulance, at an interest rate not to exceed 2.5 percent.
19-119317.Accept Certain (Water Quality) Park Improvements and Accept a
Guarantee and Warranty Bond for the LeBard Redevelopment
Project (Tract 17801) at 20461 Craimer Lane
A) Accept certain park improvements (detention basin and water quality swale) for the
LeBard Redevelopment Project (Tract 17801) and instruct the City Clerk to record the
Acceptance of Public Park Improvements (Tract 17801) form (Attachment 2) with the
Orange County Recorder; and,
B) Accept Guarantee and Warranty Bond No.36K012696 (Attachment 3); the security
furnished for guarantee and warranty of certain park improvements (detention basin and
water quality swale), and instruct the City Clerk to file the bond with the City Treasurer; and,
C) Instruct the City Clerk to notify the developer, HB Homes Management, LLC, of this
action, and the City Treasurer to notify the Surety, the Ohio Casualty Insurance Company,
of this action.
Recommended Action:
19-122518.Approve the issuance of a Temporary Permit for Wagner Charters to
conduct harbor tours as recommended by the Harbor Commission
Approve the issuance of a temporary Dock access permit to Wagner Charters for the
operation of holiday harbor tours through January 31, 2020, so long as they are able to
meet the City’s insurance requirements and ensure their use of the Dock will not negatively
impact any currently scheduled activities (including events at the Huntington Harbor Yacht
Club and the Harbor Cruise of Lights event). Additionally, should another private
commercial entity request a Dock access permit prior to a final decision by the City
Council on this matter, the City Council supports the staff recommendation that no other
private commercial Dock access permits should be issued until final regulations regarding
commercial permits for the Dock are adopted by the City Council.
Recommended Action:
19-114619.Adopt Resolution No. 2019-74 approving submittal of a grant
application associated with an improvement project on Bolsa Chica
Street to the Orange County Transportation Authority (OCTA) for
funding under the Comprehensive Transportation Funding Program
(CTFP)
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AGENDA December 16, 2019City Council/Public Financing
Authority
Adopt Resolution No. 2019-74, “A Resolution to the City Council of the City of Huntington
Beach Approving the Submittal of an Improvement Project to the Orange County
Transportation Authority for funding under the Comprehensive Transportation Funding
Program.”
Recommended Action:
19-115520.Adopt Resolution No. 2019-80, 2019-81, 2019-82, 2019-83, 2019-84,
2019-85 and 2019-86 requesting authorization by the City of
Huntington Beach and approval from California Department of
Transportation (Caltrans) for temporary closure of streets for certain
special events in 2020
A) Adopt Resolution No. 2019-80, “A Resolution of the City Council of the City of
Huntington Beach Authorizing the Closing of Main Street and 5th Street to Vehicular Traffic
for Certain Special Events;” and,
B) Adopt Resolution No. 2019-81, “A Resolution of the City Council of the City of
Huntington Beach Approving the Temporary Closure of 12th Street in Sunset Beach for the
Annual Sunset Beach Art Festival and Halloween Party;” and,
C) Adopt Resolution No. 2019-82, “A Resolution of the City Council of the City of
Huntington Beach Requesting Caltrans Approve the Closing of Pacific Coast Highway and
Certain Ingress and Egress for the Surf City USA Marathon Run;” and,
D) Adopt Resolution No. 2019-83, “A Resolution of the City Council of the City of
Huntington Beach Approving the Temporary Closure of Portions of Goldenwest Street,
Garfield Avenue, Huntington Street, Twin Dolphin Drive, Edwards Street, Ellis Avenue,
Talbert Avenue, Seapoint Street, Inlet Drive, Overlook Drive, Summit Drive, Varsity Drive,
Main Street, Walnut Avenue, and Central Park Drive for the Surf City USA 20 Marathon
Run;” and,
E) Adopt Resolution No. 2019-84, “A Resolution of the City Council of the City of
Huntington Beach Requesting Caltrans Approve the Closing of Pacific Coast Highway and
Certain Ingress and Egress Within the City of Huntington Beach for the Annual Surf City 10
Sundown Run;” and,
F) Adopt Resolution No. 2019-85, “A Resolution of the City Council of the City of
Huntington Beach Requesting Caltrans Approve the Closing of Pacific Coast Highway for
Recommended Action:
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AGENDA December 16, 2019City Council/Public Financing
Authority
the Huntington Beach Fourth of July Parade and Fireworks;” and,
G) Adopt Resolution No. 2019-86, “A Resolution of the City Council of the City of
Huntington Beach Authorizing Street Closures for the Fourth of July.”
19-116621.Adopt Resolution No. 2019-90 removing Jereva Circle from
Residential Permit Parking District “J”
Adopt Resolution No. 2019-90, “A Resolution of the City Council of the City of Huntington
Beach Removing Jereva Circle from Residential Permit Parking District “J .”
Recommended Action:
19-118422.Adopt Resolution No. 2019-91 authorizing cancellation of the City
Council/Public Financing Authority regular meeting of January 6,
2020; and, direct the City Clerk to provide notice of such cancellation
Adopt Resolution No. 2019-91, “A Resolution of the City Council of the City of Huntington
Beach Declaring the Cancellation of the City Council and Public Financing Authority
Regular Meeting of January 6, 2020; and Directing the City Clerk to Provide Notice of
Such Cancellation.”
Recommended Action:
19-118823.Adopt Resolution No. 2019-94 extending the appointment of David
Segura as Interim Fire Chief and approving Amendment No. 1 to the
Employment Agreement between the City of Huntington Beach and
David Segura
A) Adopt Resolution No. 2019-94, “A Resolution of the City Council of the City of
Huntington Beach Extending the Appointment of David Segura as Interim Fire Chief;” and,
B) Approve and authorize the City Manager to execute the “Amendment No. 1 to
Employment Agreement Between the City of Huntington Beach and David Segura.”
Recommended Action:
19-122224.Adopt Resolution Nos. 2019-95, 2019-96, 2019-97, 2019-98 amending
the Alternate Dispute Resolution Agreement language in the
Memorandums of Understanding (MOU) with the Huntington Beach
Police Officers’ Association (HBPOA), the Huntington Beach Police
Management Association (HBPMA), the Huntington Beach
Firefighters’ Association (HBFA), and the Huntington Beach Fire
Management Association (FMA)
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AGENDA December 16, 2019City Council/Public Financing
Authority
A) Adopt Resolution No. 2019-96, “A Resolution of the City Council of the City of
Huntington Beach Amending the Memorandum of Understanding Between the City and
the Huntington Beach Police Officers’ Association (POA), by Adopting the Side Letter of
Agreement;” and,
B) Adopt Resolution No. 2019-98, “A Resolution of the City Council of the City of
Huntington Beach Amending the Memorandum of Understanding Between the City and
the Huntington Beach Police Management Association (HBPMA), by Adopting the Side
Letter of Agreement;” and,
C) Adopt Resolution No. 2019-97, “A Resolution of the City Council of the City of
Huntington Beach Amending the Memorandum of Understanding Between the City and
the Huntington Beach Firefighters’ Association (HBFA), by Adopting the Side Letter of
Agreement;” and,
D) Adopt Resolution No. 2019-95 “A Resolution of the City Council of the City of
Huntington Beach Amending the Memorandum of Understanding Between the City and
the Huntington Beach Fire Management Association (FMA), by Adopting the Side Letter
of Agreement”.
Recommended Action:
19-112525.Approve and authorize execution of a contract amendment to
Professional Services Contracts with AESCO, Inc., Leighton
Consulting, Inc., and Twining, Inc., for On-Call Material Testing and
Engineering Services
A) Approve and authorize the Mayor and the City Clerk to execute “Amendment No. 1 to
Agreement Between the City of Huntington Beach and AESCO, Inc . for On-Call Material
Testing and Engineering Services” increasing the contract amount by $350,000, from the
original amount of $250,000 to an amended amount of $600,000; and,
B) Approve and authorize the Mayor and the City Clerk to execute “Amendment No. 1 to
Agreement Between the City of Huntington Beach and Leighton Consulting, Inc.”
increasing the contract amount by $350,000, from the original amount of $250,000 to an
amended amount of $600,000; and,
C) Approve and authorize the Mayor and the City Clerk to execute “Amendment No. 1 to
Agreement Between the City of Huntington Beach and Twining, Inc.” increasing the
contract amount by $350,000, from the original amount of $250,000 to an amended
amount of $600,000.
Recommended Action:
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AGENDA December 16, 2019City Council/Public Financing
Authority
19-118926.Approve and authorize execution of Amendment No. 1 to
Professional Services Contracts for As-Needed Environmental
Engineering Services with Geosyntec Consultants, Inc., Tetra Tech,
Inc., Group Delta Consultants, Inc., Environmental Engineering &
Contracting, Inc. (EEC Environmental Inc.), Huitt-Zollars, Inc. and
Pacific Advanced Civil Engineering, Inc. (PACE), extending each
contract’s expiration date to February 6, 2021
A) Approve and authorize the Mayor and City Clerk to execute “Amendment No. 1 to
Professional Services Contract between the City of Huntington Beach and Geosyntec
Consultants, Inc. for As-Needed Environmental Engineering Services;” and ,
B) Approve and authorize the Mayor and City Clerk to execute “Amendment No. 1 to
Professional Services Contract between the City of Huntington Beach and Tetra Tech, Inc.
for As-Needed Environmental Engineering Services;” and ,
C) Approve and authorize the Mayor and City Clerk to execute “Amendment No. 1 to
Professional Services Contract between the City of Huntington Beach and Group Delta
Consultants, Inc. for As-Needed Environmental Engineering Services”; and ,
D) Approve and authorize the Mayor and City Clerk to execute “Amendment No. 1 to
Professional Services Contract between the City of Huntington Beach and EEC
Environmental for As-Needed Environmental Engineering Services;” and ,
E) Approve and authorize the Mayor and City Clerk to execute “Amendment No. 1 to
Professional Services Contract between the City of Huntington Beach and Huitt-Zollars,
Inc. for As-Needed Environmental Engineering Services;” and ,
F) Approve and authorize the Mayor and City Clerk to execute “Amendment No. 1 to
Professional Services Contract between the City of Huntington Beach and Pacific
Advanced Civil Engineering, Inc. for As-Needed Environmental Engineering Services.”
Recommended Action:
19-117827.Approve and authorize execution of a five (5) year License
Agreement with Southern California Edison Company for public
parkland located at Edison Park, Contract No. 9.2473
Approve the “License Agreement” with Southern California Edison Company for the use of
Recommended Action:
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AGENDA December 16, 2019City Council/Public Financing
Authority
the 4.71 acres of property commonly known as Edison Park, Contract No. 9.2473, and
authorize the Mayor and City Clerk to execute any and all documents necessary to
conclude this transaction.
19-119928.Approve and authorize execution of a Mills Act Agreement between
the City of Huntington Beach and Daniel Adam Murphy and Alyssa
Ann Murphy for the purpose of providing property tax relief for
owners of qualified properties who wish to use the savings to
preserve/restore their historic property located at 713 Hill Street
Approve and authorize the Mayor and City Clerk to execute the “Historic Preservation
Agreement Containing Covenants, Conditions, and Restrictions Affecting Real Property by
and between the City of Huntington Beach and Daniel Adam Murphy and Alyssa Ann
Murphy for the Real Property Located at 713 Hill Street within the City of Huntington Beach
(Mills Act Contract).”
Recommended Action:
19-120229.Approve and authorize execution of Vote Center Facility Use
Agreements with the County of Orange for use of the Huntington
Beach Civic Center, Huntington Beach Central Library, Main Street
Branch Library, Edison Community Center and Rodgers Senior
Outreach Center as four or eleven-day Vote Centers for the March 3,
2020, Presidential Primary Election
Approve and authorize the City Manager to execute the Orange County Registrar of Voters
“Vote Center Facility Use Agreements” approved as to form by the City Attorney on the
following sites:
A) Huntington Beach Civic Center, Meeting Room B-7, 2000 Main Street, Huntington
Beach from Saturday, February 29, 2020 , through Tuesday, March 3, 2020 , (4-day Vote
Center); and,
B) Huntington Beach Central Library, Rooms C/D, 7111 Talbert Avenue, Huntington
Beach from Saturday, February 22, 2020 , through Tuesday, March 3, 2020 , (11-day Vote
Center); and,
C) Main Street Branch Library, Blue Room, 525 Main Street, Huntington Beach from
Saturday, February 29, 2020 , through Tuesday, March 3, 2020 , (4-day Vote Center); and,
D) Edison Community Center, Studio, 21377 Magnolia Street, Huntington Beach from
Saturday, February 29, 2010 , through Tuesday, March 3, 2020 , (4-day Vote Center); and,
Recommended Action:
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AGENDA December 16, 2019City Council/Public Financing
Authority
E) Rodgers Senior Outreach Center, Auditorium, 1706 Orange Avenue, Huntington Beach
from Saturday, February 22, 2020 , through Tuesday, March 3, 2020 , (11-day Vote Center).
19-120430.Approve and authorize execution of three Professional Services
Contracts with Bureau Veritas North America, Inc., CSG Consultants,
Inc. and 4Leaf, Inc. for Fire Prevention Inspection and Plan Review
Services
A) Approve and authorize the Mayor and City Clerk to execute “Professional Services
Contract Between the City of Huntington Beach and Bureau Veritas North America, Inc. for
Fire Prevention and Plan Review Services;” and,
B) Approve and authorize the Mayor and City Clerk to execute “Professional Services
Contract Between the City of Huntington Beach and CSG Consultants, Inc. for Fire
Prevention and Plan Review Services;” and,
C) Approve and authorize the Mayor and City Clerk to execute “Professional Services
Contract Between the City of Huntington Beach and 4Leaf, Inc. for Fire Prevention and
Plan Review Services.”
Recommended Action:
19-119631.Approve and authorize execution of a Fourth Amended Joint Powers
Agreement for Metro Cities Fire Authority
Approve and authorize the Mayor and the City Clerk to execute the “Metro Cities Fire
Authority Fourth Amended Joint Powers Agreement.”
Recommended Action:
19-122632.Approve the appointment of Travis Hopkins to the position of
Assistant City Manager and authorize the City Manager to execute
the associated Employment Agreement
Approve the “Employment Agreement Between the City of Huntington Beach and Travis
Hopkins,” and authorize the City Manager to execute any and all relevant and associated
documents.
Recommended Action:
19-118533.Adopt Ordinance No. 4192, which establishes Municipal Code
Section 10.40.265 prohibiting misuse of disabled person placards or
license plates
Approved for introduction November 18, 2019, Vote: 7-0
Recommended Action:
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AGENDA December 16, 2019City Council/Public Financing
Authority
Adopt Ordinance No. 4192, “An Ordinance of the City of Huntington Beach adding Section
10.40.265 to Chapter 10.60 of the Huntington Beach Municipal Code Relating to Disabled
Parking Placards and License Plates.”
ADMINISTRATIVE ITEMS
19-121434.Authorize staff to submit the design elements for the Bluff Top Park
Improvement Project to the State, including the Design Review
Board approved wood lodge pole guardrail system
Accept the approved recommendation of the Design Review Board to utilize a wood,
lodge pole guardrail design as part of the Bluff Top Improvement Project.
Recommended Action:
PUBLIC HEARING
19-117035.Request to Open Public Hearing and to Continue Public Hearing to
January 21, 2020 to consider Zoning Text Amendment No. 19-002
(Huntington Beach Zoning and Subdivision Ordinance Update) by
approving for introduction Ordinance Nos. 4193, 4194, 4195, 4196,
4197, 4198 and 4199
Open the public hearing and direct staff to continue Zoning Text Amendment No. 10-002 to
January 21, 2020.
Recommended Action:
19-122736.Continue Environmental Impact Report No. 17-001, General Plan
Amendment No. 17-001, Zoning Map Amendment No. 17-001, Zoning
Text Amendment No. 17-005, Local Coastal Program Amendment
No. 17-001, and Development Agreement No. 19-001 to a date
uncertain at the applicant’s request (Magnolia Tank Farm)
Continue Environmental Impact Report No. 17-001, General Plan Amendment No. 17-001,
Zoning Map Amendment No. 17-001, Zoning Text Amendment No. 17-005, Local Coastal
Program Amendment No. 17-001, and Development Agreement No. 19-001 to a date
uncertain at the applicant’s request.
Recommended Action:
COUNCILMEMBER ITEMS
19-123037.Submitted by Councilmember Posey - Direct staff to develop
updates to the City’s Annual Beach Parking Pass Program to allow
for reduced-fee Disabled Passes
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AGENDA December 16, 2019City Council/Public Financing
Authority
Based on my assessment of this overall situation, I am requesting that the City Council
vote to direct staff to analyze and bring back in Q1-2020 modifications to the Beach
Parking Pass program that would result in disabled residents being able to acquire
no-cost or low-cost disabled Beach Parking Passes for formal City Council consideration.
Recommended Action:
COUNCILMEMBER COMMENTS (Not Agendized)
ADJOURNMENT
City Council/Public Financing Authority adjournment to a Special Meeting Study Session on Monday,
January 13, 2020, at 5:00 PM in Council Chambers, Civic Center, 2000 Main Street, Huntington Beach,
California
The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority is
Tuesday, January 21, 2020, at 4:00 PM in the Civic Center Council Chambers, 2000 Main Street,
Huntington Beach, California.
INTERNET ACCESS TO CITY COUNCIL/PUBLIC FINANCING AUTHORITY AGENDA AND
STAFF REPORT MATERIAL IS AVAILABLE PRIOR TO CITY COUNCIL MEETINGS AT
http://www.huntingtonbeachca.gov
Page 13 of 13
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City of Huntington Beach
File #:19-1229 MEETING DATE:12/16/2019
Mayor 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 and Peter Brown; also in attendance: Travis Hopkins, Acting Assistant City Manager
and Robert Handy, Chief of Police 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.
City of Huntington Beach Printed on 12/11/2019Page 1 of 1
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City of Huntington Beach
File #:19-1180 MEETING DATE:12/16/2019
Pursuant to Government Code §54956.9(d)(2), the City Council shall recess into Closed
Session to confer with the City Attorney regarding potential litigation. Number of cases, three
(3).
City of Huntington Beach Printed on 12/11/2019Page 1 of 1
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City of Huntington Beach
File #:19-1219 MEETING DATE:12/16/2019
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 and Peter Brown; also in
attendance: Travis Hopkins, Acting Assistant City Manager and Robert Handy, Chief of Police,
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.
City of Huntington Beach Printed on 12/11/2019Page 1 of 1
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City of Huntington Beach
File #:19-1220 MEETING DATE:12/16/2019
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: Chavez-Perea
(Blanca) v. City of Huntington Beach, et al.; OCSC Case No. 30-2019-01082042.
City of Huntington Beach Printed on 12/11/2019Page 1 of 1
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City of Huntington Beach
File #:19-1221 MEETING DATE:12/16/2019
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: Kilhullen (Barbara)
v. City of Huntington Beach; OCSC Case No.: 30-2019-01091611.
City of Huntington Beach Printed on 12/11/2019Page 1 of 1
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City of Huntington Beach
File #:19-1228 MEETING DATE:12/16/2019
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: Turman (Kathy M.) v.
City of Huntington Beach; OCSC Case No.: 30-2018-01008686.
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City of Huntington Beach
File #:19-1154 MEETING DATE:12/16/2019
Marcy Tieger of University Synagogue, Irvine and member of the Greater Huntington Beach
Interfaith Council
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City of Huntington Beach
File #:19-1217 MEETING DATE:12/16/2019
Mayor Semeta to call on Victoria Alberty to present the “Adoptable Pet of the Month”
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City of Huntington Beach
File #:19-1218 MEETING DATE:12/16/2019
Mayor Semeta to call on the Huntington Beach Firefighter’s Association who will present a check to Operation Surf from
its recent Annual Great Balls of Fire Charity Golf Tournament.
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City of Huntington Beach
File #:19-1183 MEETING DATE:12/16/2019
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 Mayor Semeta’s 2020 Council Liaison List
Statement of Issue:
The City Council is being asked to approve Mayor Semeta’s proposed appointments to citizen
boards, commissions, committees, and task forces for calendar year 2020.
Financial Impact:
Not Applicable
Recommended Action:
As recommended by the City Council, Public Financing Authority, Housing Authority, Parking
Authority, and Successor Agency: Approve the 2020 Council Liaison List that includes appointments
to citizen boards, commissions, committees, and task forces as presented by Mayor Semeta. (The
City Clerk certifies that FPPC Form 806 “Agency Report of Public Official Appointments” which is
used to report additional compensation that officials receive when appointing themselves to positions
on committees, boards or commissions of a public agency, special district and joint powers agency or
authority was posted to the City’s website according to law prior to this vote.)
Alternative Action(s):
None.
Analysis:
Not Applicable.
Environmental Status:
Not Applicable.
Strategic Plan Goal:
Non-Applicable - Administrative Item
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File #:19-1183 MEETING DATE:12/16/2019
Attachment(s):
1. 2020 Council Liaison List
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City of Huntington Beach
File #:19-1179 MEETING DATE:12/16/2019
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 November 18, 2019 and
December 2, 2019 require review and approval.
Financial Impact:
None.
Recommended Action:
Approve and adopt the City Council/Public Financing Authority regular meeting minutes dated
November 18, 2019 and December 2, 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. November 18, 2019 CC/PFA Regular Meeting Minutes
2. December 2, 2019 CC/PFA Regular Meeting Minutes
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File #:19-1179 MEETING DATE:12/16/2019
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Minutes
City Council/Public Financing Authority
City of Huntington Beach
Monday, November 18, 2019
3:00 PM - Council Chambers
6:00 PM - Council Chambers
Civic Center, 2000 Main Street
Huntington Beach, California 92648
A video recording of the 3:00 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/
3:00 PM - COUNCIL CHAMBERS
CALLED TO ORDER — 3:00 PM
ROLL CALL
Present: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy (arrived at 3:45 pm)
Absent: None
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution)
Pursuant to the Brown "Open Meetings" Act, City Clerk Robin Estanislau announced supplemental
communications received by her office following distribution of the Council Agenda packet:
Study Session
#1. 19-998 PowerPoint communication submitted by Marie Knight, Director of Organizational
Learning and Engagement entitled, Huntington Beach Public Art Master Plan.
#1. 19-998 Huntington Beach Public Art Master Plan Survey Results submitted by Marie Knight,
Director of Organizational Learning and Engagement.
#2. 19-852 PowerPoint communication submitted by Ursula Luna-Reynosa, Community Development
Director entitled, Magnolia Tank Farm, Environmental Impact Report (EIR) No. 17-
001General Plan Amendment (GPA) No.17-001Zoning Map Amendment (ZMA) No. 17-
001Zoning Text Amendment (ZTA) No. 17-005Local Coastal Program Amendment
(LCPA) No. 17-001Development Agreement (DA) No. 19-001.
#2. 19-998 PowerPoint communication submitted by Ricky Ramos, Senior Planner, entitled Magnolia
Tank Farm Historical Summary & Environmental Status – 21845 Magnolia Street,
Huntington Beach, California.
#2. 19-852 Thirty (30) email communications received between October 9, 2019 and November 18,
2019.
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PUBLIC COMMENTS PERTAINING TO STUDY SESSION / CLOSED SESSION ITEMS
(3 Minute Time Limit) — 7 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.
Rob Pool, Huntington Beach resident, was called to speak and stated his opposition to Study Session
Item No. 2 regarding the Magnolia Tank Farm Project. (00:02:04)
Cari Swan was called to speak and stated her opposition to Study Session Item No. 2 regarding the
Magnolia Tank Farm Project. (00:05:03)
Nancy Buchoz, a 43-year resident of southeast Huntington Beach, was called to speak and stated her
concerns related to Study Session Item No. 2 regarding the Magnolia Tank Farm Project. (00:08:02)
Adam Wood, Building Industry Association, Orange County, was called to speak and stated concerns
related to Study Session Item No. 1 regarding the Public Art Master Plan. (00:11:12)
Milton B. Dardis, a resident of southeast Huntington Beach, was called to speak and stated his concerns
related to Study Session Item No. 2 regarding the Magnolia Tank Farm Project. (00:12:15)
Robyn Sladek, a 49-year resident of Huntington Beach, was called to speak and shared her concerns
and opposition to Study Session Item No. 2 regarding the Magnolia Tank Farm Project. (00:14:52)
Ceason Baker, a resident of southeast Huntington Beach, was called to speak and stated her concerns
and opposition to Study Session Item No. 2 regarding the Magnolia Tank Farm Project. (00:17:50)
STUDY SESSION
1. 19-998 Public Art Master Plan Update
Marie Knight, Director of Organizational Learning and Engagement, and Chris Slama, Community
Services Director, jointly presented a PowerPoint communication entitled Huntington Beach Public Art
Master Plan, with slides titled: Team, Meeting Purpose, Introduction, Public Art Definition, Introduction
(3), Community Engagement (3), Community Outreach - Survey Results (4), Private Development
Contribution (8), Public Art on Private Property (2), HB Mural Ordinance, Public Art on Private Property
(3), Public Art Review Body (5), Council Discussion and Direction.
Councilmember Delgleize, Director Slama and Director Knight discussed how active a Public Art Review
Body could be, how current Art Center staff doesn’t have the capacity to be tasked with the functions of a
Public Art Review Body without giving up some current tasks, and private art donated by individuals
appears to be a very minor role for the cities studied in the report.
Councilmember Posey stated his opposition to private development contributions (percentage
ordinance), and noted that from the report presented it would appear that only twenty percent (20%) of
California cities use a fee-based funding mechanism.
Councilmember Brenden and Community Development Director Luna-Reynosa discussed the current
process that requires public art for development in certain specific plans through guidelines that
encourage public art, not necessarily through mandates. There was discussion of examples of public art
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that could be determined to pose health, safety or welfare issues, such as interfering with site lines at
intersections.
Councilmember Brenden and Director Knight discussed lawsuits filed in other cities regarding public art
where the issues generally related to the materials used, or the specific content. Councilmember
Brenden expressed his opinion that concepts like "community identity and values" or "brand
personalities" are subjective, and he suspects it will be difficult to determine oversight, and stated he is
not in favor of a private development contribution.
Councilmember Carr shared her support for public art to beautify the City, enhance tourism, and for
requiring developers to contribute to public art. She also asked for more feedback to better understand if
mural working groups are suggested as being in addition to a Public Art Review Body, or are they both
the same. She also suggested that there be qualifications for members of the Public Art Review Body
(PARB). Director Knight stated that mural working groups could be a subcommittee of the PARB, as
could art maintenance.
Mayor Pro Tem Semeta stated her support private development contributions (percentage ordinance),
but had concerns about burdening small businesses with more fees, and suggested consideration of
project size. She asked staff to provide choices for consideration such as "in lieu" fees. Mayor Pro Tem
Semeta stated support for a process that requires less staff time, and suggested that the commission or
committee be composed of some Council appointments, business owners, developers, and public-at-
large members experienced in the arts and public art master planning. She also suggested creating a
trust or similar mechanism that would allow individuals to donate funds for public art.
Mayor Peterson expressed support for private development contributions (percentage ordinance), and
suggested looking at expanding the role of the Design Review Board (DRB) that currently considers
historic, specific plan and art design background perspectives during the approval process. He also
encouraged a process that allows for public input.
Councilmember Posey shared his thoughts that adding fees for businesses can be interpreted as more
barriers to development, and he believes that developers already contribute to the beautification and
redevelopment of tired and obsolete sites, and they generate new property and sales taxes, and new
jobs. He further stated his opinion that the City can encourage art, but should not be in the business of
mandating it.
Councilmember Hardy expressed her opinion that there needs to be encouragement for public art with
conditions that will result in implementation, and suggested there should be a cap included in private
development contribution (percentage ordinance). She also stated that performing arts should be
included in public art discussions, processes, and in creating a committee or commission; and shared
her vision of a team that requires very little staff support.
Councilmember Brenden stated his opposition to an additional fee or tax for developers, and expressed
support for continuing to use the DRB and re-evaluating their function. He further expressed opposition
to a mural ordinance because it would introduce too much discretion, interpretation, and subjectivity, and
does not support forming a committee or commission. Councilmember Brenden stated that the City
already has public art, and he does not support using additional staff resources, i.e., funding. He does
however support a Public Art Master Plan, a plan that encourages and facilitates public art, and provides
a mechanism for the collection of public art donations; however, in his opinion, the plan should not create
regulation and burden.
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Mayor Pro Tem Semeta suggested that staff return with specific options or choices for each of the items
under consideration, and stated that allowing for public input definitely needs to be a part of the process
for approving public art.
Councilmember Posey stated his opinion that much of the criteria used by other cities, in the examples
provided, could become First Amendment landmines, and expressed his desire to see a Public Art
Master Plan that provides incentives. He asked that staff go back to the drawing board.
Mayor Peterson shared some of his experiences from serving four years on the DRB, including some of
the questions asked when considering art projects related to public safety or a maintenance plan. There
were no subjective standards to meet. Mayor Peterson expressed a desire to reach out to local artists
more for public art projects, and supported Mayor Pro Tem Semeta's request for a plan that provides
specific options for the Council to consider.
Councilmember Carr stated that from her perspective, the DRB is more focused on signage rather than
art, and stated her support for having a group of experienced in the arts and dedicated to having more
art in Huntington Beach.
Mayor Pro Tem Semeta disagreed with expanding the role of the DRB and concurred with
Councilmember Carr about the City needing a group dedicated to the arts.
2. 19-852 Magnolia Tank Farm Project Overview
Community Development Director Ursula Luna-Reynosa introduced Senior Planner Ricky Ramos who
presented a PowerPoint communication entitled: Project Site, with slides titled Request (7), Planning
Commission, Next Steps and End.
Mauricio Escobar, Principal Geologist, Roux Associates, presented a PowerPoint communication
entitled: Magnolia Tank Farm Historical Summary & Environmental Status, with slides titled: Presentation
Overview, Historical Use of MTF, Historical Uses (1927), Historical Uses (1938), Historical Uses (1938 &
1947), Historical Uses (1953 & 1963), Historical Uses (1972 & 1994), Present Day Conditions, Historical
Use of MRF - Recap, Presentation - Guide, Questions Related to MTF History, Presentation Guide,
Chemicals of Potential Concern at MTF, Environmental Status of MTF, Environmental Status of MTF (8),
Groundwater Floor (Aug. & Sept. 2018), Ascon Final Remedy, Conceptual Site Model, Presentation
Guide, and Questions on MTF Environmental Status (9).
Mayor Peterson stated that this seems to be the first time that an applicant has received a favorable
ruling from the Planning Commission, and then makes a presentation to address public concerns through
a Study Session rather than a Public Hearing. Mayor Peterson reminded everyone that this is not a
Public Hearing, which would be the appropriate place to ensure comments are documented, further
explaining that Study Sessions are intended to share information.
Councilmember Hardy and Senior Planner Ramos discussed the number of units per acre for Low
Density (RL): up to 7 acres/unit; and Medium Density (RM): 15 acres/unit. Senior Planner Ramos
explained that if there is no hotel the density would go down as the same number of units would be on a
larger piece of property. Councilmember Hardy asked that staff be prepared at the Public Hearing to
answer whether the 250 units count as part of Regional Housing Needs Assessment (RHNA)
requirements; to confirm that the hotel requirement for low-budget accommodations comes from the
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California Coastal Commission (CCC), and to confirm what percentage of the hotel rooms must be low-
budget accommodations.
Councilmember Carr and City Manager Chi discussed his decision to move on potentially controversial
topics outside of the norm, including the Magnolia Tank Farm Overview, in his effort to remain
transparent, especially when the matter involves such a large volume of technical information.
Councilmember Carr and Geologist Escobar discussed the upcoming ruling expected from the
Department of Toxic Substance Control (DTSC) regarding suitability for development. If approved, the
next step is for the City's Fire Department to request that the developer show that the site meets City
specifications regarding oily soils and methane. The discussion continued regarding AES and Geologist
Escobar stated that AES has no waste or contamination that is next to the Magnolia Tank Farm site.
RECESSED TO CLOSED SESSION — 5:06 PM
A motion was made by Brenden, second by Semeta to recess to Closed Session for Items 4 - 7. With no
objections the motion passed.
CLOSED SESSION ANNOUNCEMENT(S)
3. 19-1164 Mayor Peterson announced: 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
4. 19-1157 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, four (4).
5. 19-1158 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:
Cruz v. City of Huntington Beach; USDC Case No.: 8:19-cv-1449-DOC (ADSx).
6. 19-1159 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:
Californians for Homeownership, Inc. v. City of Huntington Beach; OCSC Case No.
30-2019-01107760.
7. 19-1163 Pursuant to Government Code § 54957.6, the City Council recessed 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
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Association (PMA); Marine Safety Management Association (MSMA) Surf City
Lifeguard Employees’ Association (SCLEA) and Non-Associated.
6:00 PM - COUNCIL CHAMBERS
RECONVENED CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING — 6:00 PM
ROLL CALL
Present: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy
Absent: None
PLEDGE OF ALLEGIANCE — Led by City Manager Oliver Chi
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.
8. 19-1088 Kelly Frankiewicz of the Leisure World Community Church and member of the
Greater Huntington Beach Interfaith Council
CLOSED SESSION REPORT BY CITY ATTORNEY — None.
Mayor Peterson announced that the Council would recess to Closed Session at the meeting’s conclusion
to discuss Item No. 7 – labor negotiations.
AWARDS AND PRESENTATIONS
9. 19-1153 Mayor Peterson called on Victoria Alberty who presented the "Adoptable Pet of the
Month"
Ms. Alberty, of Waggin' Trails Rescue Foundation, introduced Karen of Top Dog Barkery and Oliver, a
Poodle mix who is probably 1 or 2 years old. More details are available at www.waggintrails.org, or visit
Top Dog Barkery in Pacific City.
10. 19-1084 Mayor Peterson presented commendations to the newly crowned Miss Huntington
Beach 2020 Mara James and her court
Miss Huntington Beach 2020 Mara James introduced Princesses Natalie Peart and Gianna DiLiberto,
and thanked City Council for recognizing them, and Sand Dollars, the non-profit organization that hosts
the Miss Huntington Beach Scholarship competition.
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution)
Pursuant to the Brown "Open Meetings" Act, City Clerk Robin Estanislau announced supplemental
communications received by her office following distribution of the Council Agenda packet:
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Consent Calendar
#12. 19-1160 Communication submitted by Robin Estanislau, City Clerk, advising of a correction to the
November 4, 2019 Minutes.
#14. 19-967 Letter submitted by Carol Hansen, Ed.D., Superintendent, Ocean View School
Administrative Items
#22. 19-1145 PowerPoint communication submitted by Ursula Luna-Reynosa, Community Development
Director entitled, 6th Cycle RHNA Update.
#23. 19-1167 Communication submitted by Dahle Bulosan, Acting Chief Financial Officer, providing final
copies of Resolution No. 2019-89 and Trust Agreement by and between the City of
Huntington Beach and U.S. Bank National Association.
#23. 19-1167 PowerPoint communication submitted by Oliver Chi, City Manager entitled, Refinancing
Our Pension Debt – Addressing HBs Greatest Fiscal Threat.
Ordinances for Introduction
#25. 19-1130 PowerPoint communication submitted by Ursula Luna-Reynosa, Community Development
Director, entitled, City of Huntington Beach Municipal Code 8.48 Inoperable and
Abandoned Vehicles. The Item was been withdrawn.
PUBLIC COMMENTS (3 Minute Time Limit) — 31 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.
Claudia Perez, Senior Field Representative for Assemblywoman Cottie Petrie Norris, was called to speak
and announced two public events sponsored by Assemblywoman Petrie Norris: Tuesday, November 14,
Coast Community College District Board Room, Oversight Hearing on Veterans' Homelessness in
Orange County, 11 a.m. - 2 p.m., and a Holiday Party and Open House, Wednesday, December 4, 4 - 6
p.m., at their District Office in Irvine. (02:16:49)
Maureen was called to speak and shared her opinions related to "pay to play" by politicians. (02:18:02)
Bob Harrison, retired professional engineer with a strong environmental background, Former Amigos de
Bolsa Chica and Bolsa Chica Conservancy Board Member, and 50+ year resident of Huntington Beach,
was called to speak and shared his opinions and experiences regarding remediation and control systems
for development projects. (02:19:39)
Marian Johnson, owner of Let's Go Fishing, was called to speak and stated her rebuttal to comments
made at the November 4th, 2020, City Council meeting, specifically Agenda Item No. 17, regarding Let’s
Go Fishing and Surf City Snack Bar, LLC lease at the Huntington Beach Pier. (02:22:51)
Mariya Sheldon was called to speak and stated her opinions and personal experiences related to the
"toxic" Magnolia Tank Farm development plan. (02:26:09)
Joyce Bizzaro, local Real Estate Agent and Member of the Huntington Beach International Surfing
Museum, was called to speak and stated her support for a transparent Request for Proposal (RFP)
process regarding future Museum plans. (02:29:39)
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Diana Dehm was called to speak and stated her support for a transparent Request for Proposal (RFP)
process regarding future plans for the Huntington Beach International Surfing Museum lease. (02:31:40)
Dale Smith, former professional skateboarder and Skateboard Hall of Fame Curator, was called to speak
and shared his concerns regarding proper procedures and processes by the current 501(c)3 non-profit
operating the Huntington Beach International Surfing Museum. (02:34:57)
Jericho Poppler was called to speak and shared her opinions regarding the future of the Huntington
Beach International Surfing Museum. (02:36:38)
Gary Sahagen, former Treasurer, Director, and Trustee for the Huntington Beach International Surfing
Museum, was called to speak and shared his concerns regarding whether proper procedures and
processes are being used by the current 501(c)3 non-profit operating the Surfing Museum, and stated
support for transparency in moving forward. (02:39:12)
Tim Geddes, a 35+ year resident of southeast Huntington Beach, was called to speak and stated his
opposition to the Magnolia Tank Farm project. (02:41:48)
Leanne Mulford, 20-year resident of south Huntington Beach, was called to speak and stated her
opposition to the Magnolia Tank Farm project. (02:44:26)
Nancy Buchoz was called to speak and stated her concerns about and opposition to the Magnolia Tank
Farm project. (02:47:39)
Starla Rodenbeck, a lifetime resident of Huntington Beach, was called to speak and shared personal
family experiences in support of her opposition to the Magnolia Tank Farm project. (02:49:39)
Robyn Sladek, a life-long resident of Huntington Beach, was called to speak and stated her opposition to
the Magnolia Tank Farm project. (02:51:23)
Ceason Baker, a resident of southeast Huntington Beach, was called to speak and stated her opinions
and opposition to the Magnolia Tank Farm project. (02:54:00)
Cari Swan was called to speak and shared her observations and opinions regarding the November 4,
2020, Agenda Item No. 19 during which the Beach/Edinger Specific Plan design standards were being
discussed. Ms. Swan also questioned whether proper public notice was utilized for the recent Urban
Land Institute Workshop. (02:56:04)
Stella May, representing Concerned Citizens of California, was called to speak and thanked City Council
for supporting the no-sanctuary issues as well as filing litigation against Sacramento to protect the
citizens of Huntington Beach. (02:59:16)
Darrell Robinson was called to speak and stated his support for City Attorney Michael Gates and the
City's efforts to fight against SB 54. (03:00:58)
Rob Pool, resident of Huntington Beach, was called to speak and shared his opinions and opposition to
the November 4, 2020, Agenda Item No. 19, regarding the effort to obtain Housing and Community
Development (HCD) certification for the purpose of being eligible to apply for SB 2 Funds. (03:03:33)
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Larry McNeely, a life-long Huntington Beach resident, was called to speak and stated his opposition to
any increased housing density in Huntington Beach. (03:05:44)
Susie, a 40+ year resident of Huntington Beach, was called to speak and shared her opinions in
opposition to high density development. (03:06:43)
Ann Palmer, 29-year resident of Huntington Beach, was called to speak and stated her opposition to
high-density development. (03:08:35)
Mike McCoy, We the People Rising - Southern California, was called to speak and stated his opinions
regarding immigration and encouraged City cooperation with Immigration and Customs Enforcement
(I.C.E.). (03:11:55)
Janet West was called to speak and thanked City Attorney Michael Gates for opposing SB 54, and stated
her opposition to high-density development. (03:13:25)
Raul Rodriguez, Jr., America First Latinos, California Coordinator, was called to speak and stated
opposition to SB 54. (03:16:14)
David Miller, a 50-year resident of Huntington Beach, was called to speak and shared his interest in
keeping the Huntington Beach International Surf Museum a local entity. (03:19:27)
Bob Pace, life-long surfer, former Lifeguard and Former Board Member of the Huntington Beach
International Surfing Museum, was called to speak and shared his support for a transparent Request for
Proposal (RFP) process regarding future Museum plans. (03:20:56)
Duke Aipa was called to speak and shared personal experiences and support for ensuring a continued
local vibe for the Huntington Beach International Surf Museum. (03:24:11)
Rich Fancher was called to speak and shared his support for transitioning to Elections by District so that
each area of the City is fairly represented. (03:25:23)
Robin Hvidston, Remembrance Project, was called to speak and shared her opinions and opposition to
SB 54. (03:28:06)
COUNCIL COMMITTEE - APPOINTMENTS - LIAISON REPORTS, AB 1234 REPORTING, AND
OPENNESS IN NEGOTIATIONS DISCLOSURES
Mayor Pro Tem Semeta, as Southern California Association of Government (SCAG) Representative for
Huntington Beach, reported details outlining the Regional Housing Needs Assessment (RHNA)
determination process and last-minute actions in response to the State’s latest projection for 1.3M
affordable units. Her report highlighted monthly meetings by RHNA and other housing subcommittees to
parse through complicated formulas; public meetings held throughout the region to solicit public input on
methodology; jurisdictional tools used to ascertain formula impacts on individual cities; jurisdictional
recommendations to change the proposed formula(s); and a November 7 vote on final methodology by
the Regional Council.
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Mayor Pro Tem Semeta explained how Orange County cities were prepared to support a fair and
equitable formula for distribution, but last minute actions of representatives from the cities of Riverside
and Los Angeles to create a new methodology forced a large portion of the affordable housing
distribution onto Orange County. She further described how Orange County was unprepared to respond
before the final vote that included participation by representatives from larger cities in Riverside, Los
Angeles and San Bernardino counties, resulting in the unfair expectation for Huntington Beach.
Mayor Pro Tem Semeta expressed disappointment with SCAG’s apparent support of the last minute
actions she considers were unfair (limited public participation; insufficient notice; new methodology not
fully analyzed for impacts; and, new method’s absence of local input and growth forecast data.) She
concluded her report by recognizing coastal cities constraints, encouraged the public to stay engaged,
and displayed an informative slide that outlined the public input process on the Draft Connect SoCal
Regional Transportation Plan/Sustainable Communities Strategy.
Councilmember Posey displayed slides that provided information on the Orange County Parks
Commission discussion on the use of Measure 2 funds to restore Harriet Weider Park, and his visit to the
White House where he participated in a Roundtable Discussion with Dr. Ben Carson on Affordable
Housing.
Councilmember Brenden reported attending meetings with the HB Police Officers' Association (HBPOA),
attending a Human Relations Task Force meeting, and Orange County Senior Citizens Advisory Council
and Legislative Committee meetings.
Councilmember Delgleize reported attending meetings of the Orange County Transit Authority (OCTA),
and California Association of Councils of Government CALCOG in Sacramento.
Councilmember Carr reported receiving communications from the HB Police Officers' Association
(HBPOA).
Mayor Peterson reported attending a 5G Conference in Washington, D.C. on the deployment of 5G
technology to stay informed, and to express the need to address safety concerns. He also discussed his
attendance at other various meetings relating to jet noise, sober living, and maintaining local control.
CITY MANAGER’S REPORT
City Manager Oliver Chi addressed frustrations shared by the public and expressed his commitment to
support their right for information and participation in their local government. He further stated that staff
is paying close attention to consider all available information associated with development issues, and
also stated support for staff's hard work to do what is right by the City.
City Manager Chi referred to Interim Assistant City Manager Travis Hopkins, who provided an update on
the Ascon Landfill Project.
CITY ATTORNEY’S REPORT
11. 19-1160 City Attorney Gates reported on status of certain lawsuits including, among
possibly others, City’s SB 54 challenge, and the AB 101 and SB 1333 challenges
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City Attorney Gates provided a brief history of the City’s challenge of SB 54 (Sanctuary State Law),
including the City’s court victory in 2018 and declaration that SB 54 is an unconstitutional violation of the
City’s Charter City rights; soon thereafter an appeal filed by the State; and, arguments recently provided
in court by City and State attorneys before a 3-judge panel on October 23, 2019. The City currently
awaits a written decision on the appeal.
In reference to suits filed to challenge SB 35 and SB 166 related to housing and local zoning control,
cases are pending.
In reference to AB 101 and SB 1333 - housing laws that seek to take away local control, the Council
authorized action to file legal challenges. Cases have been consolidated through the Los Angeles
Superior Court, but can be reviewed by researching Orange County Court Case No. 30-2019-0144945.
CONSENT CALENDAR
Councilmember Brenden pulled Item No. 14 regarding the street sweeping contract for further
discussion.
12. 19-1139 Approved and Adopted Minutes
A motion was made by Posey, second Carr to approve and adopt the City Council/Public Financing
Authority regular, and Housing Authority special meeting minutes dated November 4, 2019, as written
and on file in the office of the City Clerk, and as amended by supplemental communication.
The motion carried by the following vote:
AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy
NOES: None
13. 19-1096 Approved additional appropriation of $150,000 for professional Fire Prevention
inspection, plan check, and environmental engineering services, and increased
professional services authority accordingly
A motion was made by Posey, second Carr to approve an additional appropriation of $150,000 for Fire
Prevention inspection, plan check and environmental engineering services as these expenditures are
primarily cost-neutral and generally offset by reimbursements from developers and revenues generated
from inspection and plan review services; and, increase the Fire Department's professional services
authority by $150,000 to ensure compliance with Administration Regulation No. 228.
The motion carried by the following vote:
AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy
NOES: None
14. 19-967 Approved contract for street sweeping enforcement with Universal Protection
Services, LP, DBA Allied Universal Security Services
Councilmember Brenden pulled this item to discuss with Police Chief Handy the full implications for staff
who are currently pulled away from issues related to meter enforcement, abandoned vehicle
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enforcement, traffic control at accidents and special events for street sweeping enforcement. Chief
Handy explained that the goal of this contract is to provide undivided attention to street sweeping
enforcement without pulling staff who are focused on the other equally important issues.
Councilmember Brenden amended the action to document the defunded positions, which are currently
vacant, and asked for a Department report in six (6) months documenting any changes in the level of
citations under the new system.
A motion was made by Brenden, second Posey to approve and authorize the Mayor and City Clerk to
execute "Service Agreement Between the City of Huntington Beach and Universal Protection Services,
LP DBA Allied Universal Security (UASS) for Street Sweeping Enforcement Services" in an amount not
to exceed $1,119,000 over a three-year term; and authorize the City Manager to execute the attached
contract, as amended to document defunding of five (5) parking enforcement officer positions;
and return to Council in six months with an update on enforcement.
The motion carried by the following vote:
AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy
NOES: None
15. 19-1038 Approved First Amendment to Lease between the City and Kokomo’s Surfside Grill,
Inc., for a Beach Food Concession at the Marine Safety Education Center and
approved Consent to Assignment and Assumption of Lease for Kokomo’s
Concession
A motion was made by Posey, second Carr to approve and authorize the City Manager to execute the
Consent to Assignment and Assumption of Lease Agreement for Kokomo's Concession; and approve
and authorize the City Manager to execute the First Amendment to Lease dated September 5, 2017
between the City of Huntington Beach and Kokomo's Surfside Grill, a California Corporation for a Beach
Food Concession on the first floor level of the Marine Safety Education Center.
The motion carried by the following vote:
AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy
NOES: None
16. 19-1129 Adopted Resolution 2019-11 approving a summary vacation of an easement over a
portion of 13th Street and Crest Avenue; adopted Resolution 2019-77 declaring a
strip of City-owned property as surplus property; approved Quitclaim Deed for
ownership of easement and the agreement for sale of surplus real property between
the City and Dawn and Naomi Shimoda; and, authorized recordation of resolutions
and exhibits with the Orange County Recorder
A motion was made by Posey, second Carr to adopt Resolution No. 2019-11, "A Resolution of the City
Council of the City of Huntington Beach ordering the summary vacation of an easement over a portion of
13th Street and Crest Avenue in the City of Huntington Beach" (Attachment 1); and, adopt Resolution
No. 2019-77, "A resolution of the City Council of the City of Huntington Beach declaring that a strip of
City owned property adjacent to 743 13th Street, Huntington Beach, is surplus property" (Attachment 7);
and, instruct the City Clerk to record Resolutions No. 2019-11 and 2019-77 and the attached exhibits
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with the Orange County Recorder; and, approve the "Agreement for Sale of Surplus Real Property and
Escrow Instructions by and between the City of Huntington Beach and Dawn Michiko Shimoda and
Naomi Shimoda," (Attachment 5); and approve the Quitclaim Deed transferring ownership of easement
to Dawn Michiko Shimoda and Naomi Shimoda, as well as any other escrow documents necessary for
this transfer (Attachment 6).
The motion carried by the following vote:
AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy
NOES: None
17. 19-1141 Adopted Resolution No. 2019-88 establishing City policy on termination of
residential water service; adopted Resolution No. 2019-87 amending the
Consolidated Comprehensive Citywide Master Fee and Charges Schedule to allow
reduced water service reconnection fees for households earning less than 200% of
the Federal poverty line, and establish a deposit schedule for new water service
customers; and, increased appropriations and professional services authority by
$60,000 to fund utility billing software updates and part time contract staffing and
other related costs for implementation and administration of Senate Bill No. 998
A motion was made by Posey, second Carr to adopt Resolution No. 2019-88, "A Resolution of the City
Council of the City of Huntington Beach Establishing City Policy on Termination of Residential Water
Service," and adopt Resolution No. 2019-87, "A Resolution of the City Council of the City of Huntington
Beach Amending the Consolidated Comprehensive Citywide Master Fee and Charges Schedule to Allow
Reduced Water Service Reconnection Fees for Households Earning Less Than 200% of the Federal
Poverty Line, and to Establish a Deposit Schedule for New Water Service Customers, All As Established
Pursuant to Resolutions Nos. 2016-59, 2017-46, 2018-01, 2018-29, 2018-48, 2018-55, 2019-07, and
2019-19 (Supplemental Fee Resolution No. 10)," and increase Appropriations and Professional Services
Authority by $60,000 in the Water Fund (Fund 506).
The motion carried by the following vote:
AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy
NOES: None
18. 19-1110 Adopted Resolution No. 2019-76 approving the annual Measure M2 Expenditure
Report for the City of Huntington Beach
A motion was made by Posey, second Carr to adopt Resolution No. 2019-76, "A Resolution of the City
Council of the City of Huntington Beach Concerning the M2 Expenditure Report for the City of Huntington
Beach."
The motion carried by the following vote:
AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy
NOES: None
19. 19-1140 Adopted Ordinance No. 4200 amending Huntington Beach Municipal Code Section
2.76.010 to add the Classification of Director of Organizational Learning &
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Engagement
Approved for introduction 11-04-2019 - Vote: 6-0-1 (Peterson absent)
A motion was made by Posey, second Carr to adopt 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.
The motion carried by the following vote:
AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy
NOES: None
PUBLIC HEARING
20. 19-1086 Adopted Ordinance No. 4189 amending Municipal Code Chapter 17.56 adopting the
California Fire Code, 2019 Editions
Approved for introduction 10-21-2019 - Vote: 7-0
City Manager Chi introduced both Public Hearing items, reminding Council that relative Ordinance Nos.
4189 and 4190 approved for introduction on October 21, 2019 now require formal adoption.
Mayor Peterson opened Public Hearings simultaneously for Item Nos. 20 and 21.
City Clerk Robin Estanislau announced no one had signed up to speak for either item.
With no one signed up to speak, Mayor Peterson closed both Public Hearings.
A motion was made by Posey, second Delgleize to adopt 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.
The motion carried by the following vote:
AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy
NOES: None
21. 19-1085 Adopted Ordinance No. 4190 adopting the 2019 Model California Construction
Codes
Approved for introduction October 21, 2019 - Vote: 7-0
A motion was made by Posey, second Delgleize to adopt 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
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Code, and the 2019 Edition of the Green 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).
The motion carried by the following vote:
AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy
NOES: None
ADMINISTRATIVE ITEMS
22. 19-1145 Received and filed the monthly status update on the 6th Cycle Regional Housing
Needs Assessment (RHNA) process
Community Development Director Ursula Luna-Reynosa presented a PowerPoint communication
entitled: 6th Cycle RHNA Update with slides titled: RHNA Methodology, RHNA Next Steps, and RHNA
Appeals.
Councilmember Posey and Director Luna-Reynosa discussed expectations of the California Department
of Housing and Community Development (HCD) to accept or reject the last-minute substitute motion by
Southern California Association of Government (SCAG) because it does not meet SCAG objectives.
Councilmember Hardy discussed an article from the LA Times where comparisons were made between
Huntington Beach and the City of Coachella, and described the actual similarities and discrepancies in
this comparison to support her position that Huntington Beach is being asked to carry an unfair burden in
this matter. She described situations that apply only to a coastal community that must deal with
California Coastal Commission regulations, and other misconceptions that distort the Huntington Beach
reality. Councilmember Hardy thanked Mayor Pro Tem Semeta for her previous report on the situation,
and encouraged the City's residents to stay engaged and to use logic, with numbers and facts, to speak
loudly about this issue.
Councilmember Brenden stated his opinion that the last-minute change to RHNA numbers by SCAG has
resulted in unifying the people of Huntington Beach on this issue.
Mayor Pro Tem Semeta shared that the rhetoric at the SCAG meeting from the cities favoring the 11th
hour methodology change ignored the reality of available land, and that any and all avenues will be used
to object to that change.
Mayor Peterson announced that with no objections the monthly status update on the 6th Cycle Regional
Housing Needs Assessment process was received and filed.
23. 19-1167 Adopted City Council Resolution No. 2019-89 Providing for the Possible Issuance of
One or More Series of City of Huntington Beach Taxable Pension Obligation Bonds
and Authorizing a Trust Agreement, A Validation Action and Other Matters Relating
Thereto
City Manager Oliver Chi presented a PowerPoint communication entitled: Refinancing Our Pension Debt,
Addressing HBs Greatest Fiscal Threat with slides titled: CalPERS Pension Cost Increases, Refinancing
Our Pension Debt, Pension Cost Background, How Do Pension Costs Work? Three Different Pension
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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, $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 Increases Enacted In 2016, So...What Do We Do
Now?, HB's UAL Cost Increase Scale, UAL Payment Amounts, Scale of Pending Budget Problem, What
Are Our Options?, Refinancing Seems Like A Good Ida, CalPERS UAL vs. POB Refinance, 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, Development of a CalPERS UAL Policy,
Requested City Council Action, and Questions?
Councilmember Posey shared his reasons for not supporting issuing bonds, especially with the Dow
Jones Industrial Average at an all-time high. He also expressed his opinion that by releasing California
Public Employees' Retirement System (CalPERS) of their obligation, the City will lose negotiation
leverage for any changes. In summary, Councilmember Posey stated his opinions that CalPERS cannot
be allowed to continue to deliver poor returns at the expense of the members' and municipalities' futures,
the plan presented is not a solution, unfunded actuarial liability (UAL) can continue to increase, and to
indebt future taxpayers for $476 million dollars and give that money to CalPERS' "black hole" is
irresponsible.
Councilmember Brenden and City Manager Chi discussed refinancing at different funding levels, i.e. 70%
or 80% vs. 100%. City Manager Chi explained that the UAL payment issue can be addressed through
budget cuts, increased taxes, or refinancing.
Councilmember Carr explained her reasons for supporting the refinancing the UAL debt since CalPERS
will not negotiate the 7% rate, and feels the time to act is now. She further stated her opinion that this
action will not affect the City's strategies to try to change CalPERS policies and investment strategies.
Mayor Pro Tem Semeta stated her support for Councilmember Carr's comments. Mayor Pro Tem
Semeta and City Manager Chi discussed the possibility of pulling out of the process of issuing bonds if
the market changes and the new reality is different at the end of the 90-day process timeline.
Councilmember Posey stated his opposition to rushing this item through with the stock market at a peak,
the presidential election in 2020, and the potential for CalPERS to make money. He added that the
Finance Commission received direction by a majority of Council to investigate the nexus between
environmental, social, and governance (ESG) investing and employer contributions, which could
potentially lead to legal action from the City Attorney’s office. Councilmember Posey asked why not wait
for the Finance Commission report, the results of the presidential election, and knowing if there may be
some recourse in the courts before re-mortgaging our future for $476M.
Councilmember Delgleize and City Manager Chi discussed Council’s ability to proceed if warranted when
interest rates are locked in (March or April of 2020), and Councilmember Delgleize stated her opinion
that neither increasing taxes, nor removing budget items, will solve the problem.
Councilmember Hardy stated she does not have Councilmember Posey's optimism that the stock market
is going to continue to grow, or that the City has enough influence to change CalPERS investment
policies, and supports pursuing this refinancing option knowing that there will be opportunities through
the process to proceed or stop.
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Mayor Peterson explained that the Sanitation District, through the County's pension investments, have
tracked pretty close to CalPERS rates for the last ten (10) years, and the County has no funds invested
in social justice. Mayor Peterson stated he expects to see a policy of locking up all savings in the first
year or two, using a 3-year average, but he cannot support even considering a 10-year or 20-year
payout. W ith his stipulations, he supports proceeding with the refinance option.
Councilmember Posey responded to Councilmember Hardy by clarifying he his statement that the stock
market is at a peak, never suggesting it would continue to grow, and shared his belief that the time to
refinance through bonds is when the stock market is at or near the bottom. He further stated his belief
that CalPERS cannot claim poor returns because of the recession, but they are performing poorly
because they are performing poorly, and this action will just let them off the hook.
A motion was made by Peterson, second Delgleize to adopt Resolution 2019-89, "A Resolution of the
City Council of the City of Huntington Beach Providing for the Issuance of One or More Series of City of
Huntington Beach Taxable Pension Obligation Bonds and Authorizing a Trust Agreement, A Validation
Action and Other Matters Relating Thereto" and, authorize the City Manager and City Clerk to take all
administrative and budgetary actions necessary to perform the bond issuance, including the negotiation
and execution of agreements with Orrick Herrington and Sutcliffe LLP for judicial validation proceedings,
bond counsel, and disclosure counsel services; KNN Public Finance to act as municipal advisor; and US
Bank to act as trustee.
The motion carried by the following vote:
AYES: Peterson, Semeta, Brenden, Carr, Delgleize, and Hardy
NOES: Posey
ORDINANCES FOR INTRODUCTION
24. 19-1128 Approved for introduction Ordinance No. 4192, which establishes Municipal Code
Section 10.40.265 prohibiting misuse of disabled person placards or license plates,
and adopted Resolution No. 2019-75, which establishes a bail amount for the new
Municipal Code section and adds it to the Uniform Bail Schedule for Parking
Violations
Police Chief Robert Handy introduced Police Lieutenant David Deresynski who presented a PowerPoint
communication entitled: Disabled Parking Issues with slides titled: Options and Authority, Ordinance and
Resolution Will Help Provide, and Resolution 2019-75 & Ordinance No. 4192.
Councilmember Delgleize and Lt. Deresynski discussed the process for implementation and
enforcement.
Councilmember Carr stated her support for being sensitive to the situations disabled people may be in,
and appreciates a policy of discretion and compassion. Lt. Deresynski explained that towing is a last
resort and officers are able to verify facts with DMV records. Police Chief Handy clarified the intent of
this resolution is to eliminate fraud and abuse.
Councilmember Brenden and Lt. Deresynski discussed the range allowed for fines as listed in the State’s
Vehicle Code.
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Councilmember Posey stated his support for trying to free up capacity for truly disabled persons, and his
opinion that an $880 fine for abusing the system is appropriate.
Mayor Pro Tem Semeta provided support for the fee resolution, and would support a higher fine for those
who abuse disabled parking placards.
A motion was made by Peterson, second Posey to, after the City Clerk reads by title, approve for
Introduction Ordinance No. 4192, "An Ordinance of the City of Huntington Beach adding Section
10.40.265 to Chapter 10.60 of the Huntington Beach Municipal Code Relating to Disabled Parking
Placards and License Plates;" and, adopt Resolution No. 2019-75, "A Resolution of the City Council of
the City of Huntington Beach Adopting an Amended Uniform Bail Schedule for Parking Violations."
The motion carried by the following vote:
AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy
NOES: None
25. 19-1130 Approve for Introduction Ordinance 4201 Amending Chapter 8.48 of the Huntington
Beach Municipal Code Relating to Public Nuisance Abatement of Abandoned,
Wrecked, Dismantled or Inoperative Vehicles.
ITEM WITHDRAWN FROM CONSIDERATION.
COUNCILMEMBER COMMENTS (Not Agendized)
Councilmember Delgleize expressed her appreciation for Mayor Peterson attending the City Selection
Committee Meeting, reported attending the ACC-OC Annual Business Meeting and Thank-You
Reception, the HB Chamber - Chevron 100 Year Celebration, and announced her second term
appointment to the OCTA 2nd District Board. She also thanked the sponsors of the Meet on Beach!
event.
Councilmember Hardy expressed appreciation to American Legion Post 133 for participating in the
Veterans Day ceremony at the Pier, thanked Mayor Peterson for his speech as a veteran, and stated
appreciation for the opportunity to provide a City Hall tour for the Boy Scouts visit.
Councilmember Brenden reported attending the Scout Conservation Project for Gyan Shrivastava, Troop
36 at Huntington Wetlands Conservancy, the Veterans Day Ceremony at the Pier, HB Listens, a Human
Relations Task Force event, Goldenwest College Patrons Luncheon with City Manager Chi, Pancake
Breakfast to raise funds for Miss Fountain Valley pageant, HB Police and Community Foundation Texas
Hold'm Poker Tournament, and Meet on Beach! event.
Councilmember Carr reported attending the Veterans Day Ceremony at the Pier and participating in the
Urban Planning Institute workshop.
Mayor Pro Tem Semeta reported attending the Veterans Day Ceremony at the Pier, presenting the State
of the City Update and Year in Review by the HB Chamber of Commerce, and joined HB Public
Information Officer Julie Toledo to present a City update for the Huntington Harbour Yacht Club Sea
Belles. She announced the Mayor's Ball to be held on Saturday, November 23 to benefit the American
Legion Post 133 and Sand Dollars, who sponsor the Miss Huntington Beach Scholarship Competition.
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Mayor Peterson reported attending the Veterans Day Ceremony at the Pier and thanked American Post
133 for their participation, the HB Chamber Chevron 100 Year Celebration, congratulated
Councilmember Delgleize for her appointment to the 2nd District Board of Directors, Orange County
Transit Authority (OCTA), HB Police & Community Foundation Texas Hold'em Poker Tournament, and
Meet on Beach! event. Mayor Peterson also explained that during a trip to Washington, D.C., he was
able to take City Attorney Gate's daughter, who is attending the University of Maryland with the goal of
becoming an FBI agent, on a private tour of FBI Headquarters.
RECESS TO CLOSED SESSION – At 9:30 PM, the Council recessed to Closed Session for discussion
on Item No. 7 regarding Labor Negotiations.
ADJOURNMENT — at 10:37 PM — No Closed Session report provided by the City Attorney.
The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority is
Monday, December 2, 2019, at 4:00 PM in the Civic Center Council Chambers, 2000 Main Street,
Huntington Beach, California.
INTERNET ACCESS TO CITY COUNCIL/PUBLIC FINANCING AUTHORITY AGENDA
AND STAFF REPORT MATERIAL IS AVAILABLE PRIOR TO CITY COUNCIL MEETINGS AT
http://www.huntingtonbeachca.gov
______________________________________
City Clerk and ex-officio Clerk of the City
Council of the City of Huntington Beach
and Secretary of the Public Financing Authority
of the City of Huntington Beach, California
ATTEST:
______________________________________
City Clerk-Secretary
______________________________________
Mayor-Chair
51
Minutes
City Council/Public Financing Authority
City of Huntington Beach
Monday, December 2, 2019
6:00 PM - Council Chambers
Civic Center, 2000 Main Street
Huntington Beach, California 92648
A video recording of the 6:00 PM portion of this meeting
is on file in the Office of the City Clerk, and archived at
www.surfcity-hb.org/government/agendas/
6:00 PM - COUNCIL CHAMBERS
Based on the lack of Study Session and Closed Session items, the meeting was called to order at
6:00 PM.
CALLED TO ORDER — 6:00 PM
ROLL CALL
Present: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy
Absent: None
PLEDGE OF ALLEGIANCE
1. 19-1121 Color presentation by Huntington Beach American Legion Post 133 and Pledge led
by former Mayor Dave Sullivan
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.
2. 19-1122 Fr. Joseph Knerr, Pastor of St. Bonaventure Catholic Parish in Huntington Beach
and member of the Greater Huntington Beach Interfaith Council
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution)
Pursuant to the Brown "Open Meetings" Act, City Clerk Robin Estanislau announced supplemental
communications received by her office following distribution of the Council Agenda packet:
Consent Calendar
Item #3. 19-1182 Email communication submitted by Amory Hanson
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PUBLIC COMMENTS (3 Minute Time Limit) — 21 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.
Tim Whitacre, Representative for Michelle Steele, Chairman of the Board of Supervisors, 2nd District,
was called to speak, thanked Mayor Peterson for his year of leading with honor, distinction, and
transparency, and presented a Certificate of Recognition. Mr. Whitacre also congratulated Incoming
Mayor Semeta on behalf of Supervisor Steele. (00:05:11)
Don MacAllister was called to speak and stated his support for the City's Sister City relationships, and
enthusiasm for Consent Calendar Item No. 3 regarding extending a Sister City Relationship invitation to
the City of Biarritz, France. (00:07:30)
Frank Nak abayashi was called to speak and stated his support for the City's Sister City relationships,
and enthusiasm for Consent Calendar Item No. 3 regarding extending a Sister City Relationship
invitation to the City of Biarritz, France. (00:09:47)
Calvin "Mr. Huntington Beach" and Pam Free were called to speak, presented Mayor Peterson with his
own loudspeaker, and read a limerick in his honor. (00:11:37)
Jericho Poppler was called to speak and presented Mayor Peterson with some fresh, homemade
Scottish shortbread, and thanked the City Council for their service on behalf of the City's surfers.
(00:13:34)
Diana Dehm was called to speak and thanked the City Council for their support in putting out to bid the
lease for the Surf City International Surf Museum, and congratulated Outgoing Mayor Peterson and
Incoming Mayor Semeta. (00:14:46)
Bob Pace was called to speak and thanked the City Council for putting out to bid the lease for the Surf
City International Surf Museum. (00:15:55)
Cari Swan was called to speak and thanked Mayor Peterson for always honoring his promises to the
citizens of Huntington Beach, and congratulated Incoming Mayor Semeta and Incoming Mayor Pro Tem
Hardy. Ms. Swan also shared her concerns about the Magnolia Tank Farm and Ascon Landfill Site
remediation projects. (00:19:01)
Gary Sahagan was called to speak and thanked the City Council for putting out to bid the lease for the
Surf City International Surf Museum. (00:22:29)
Grant Sevdayan, Music Director, Huntington Beach Symphony Orchestra, was called to speak and
shared that the Symphony Orchestra had been invited to participate in the City’s July 4th event, and
presented a video with clips of various performances. (00:23:49)
Judith Lopez, Huntington Beach Symphony Orchestra Member, was called to speak and asked for a
special exemption to allow the Symphony Orchestra to perform in the Civic Center Amphitheatre where
the acoustics are ideal for July 4th festivities and other special events. Mayor Peterson asked Ms. Lopez
to complete a blue card for staff follow-up. (00:27:11)
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Rob Pool was called to speak and congratulated Mayor Peterson for a spectacular year of service,
encouraged Mayor Pro Tem Semeta to remain true to her values, and acknowledged Incoming Mayor
Pro Tem Hardy for always looking out for what is best for the City. Mr. Pool further shared his concerns
regarding the Magnolia Tank Farm and Ascon Landfill Site remediation projects. (00:30:08)
Adam Bushman Orozco was called to speak and thanked Mayor Peterson and Councilmembers for their
service to the residents of Huntington Beach. (00:33:35)
Joyce Bizzaro, a local surfer and member of the Huntington Beach International Surf Museum, was
called to speak and thanked the City Council for putting out to bid the lease for the Surf Museum.
(00:34:26)
Kim Weddon, representing the Huntington Harbour Philharmonic Islanders, was called to speak and
thanked Mayor Peterson for his service and congratulated Incoming Mayor Semeta, and explained the
Philharmonic's purpose is music education in the local schools. Ms. Weddon presented a floral bouquet
to Incoming Mayor Semeta to express appreciation for her support and participation. (00:35:23)
Patricia McKenna, President, Huntington Harbour Art Association (HHAA), was called to speak and
thanked Council members for their service, and congratulated Incoming Mayor Semeta by presenting her
with a rare HHAA carry bag. (00:39:28)
Dee Wood, representing the Huntington Harbour Book Club, was called to speak, thanked Mayor
Peterson for his service, and congratulated Incoming Mayor Semeta and presented her with a floral
bouquet. (00:41:00)
Matthew Harper, long-time resident, former Mayor, and former State Assemblyman, was called to speak
and congratulated Mayor Peterson for his year of service, and expressed his best wishes for Incoming
Mayor Semeta. (00:42:45)
Dave Sullivan, former Huntington Beach Mayor, was called to speak and described his involvement in
forming the Huntington Beach 3-1 Marine Battalion with former Police Officer and Mayor Gil Coerper,
thanked Mayor Peterson for his "get'r done" Marine style of service as Mayor this past year, and
congratulated Incoming Mayor Semeta. (00:43:53)
Tim Geddes, a 35+ year resident of southeast Huntington Beach, was called to speak and congratulated
both Outgoing Mayor Peterson and Incoming Mayor Semeta. Mr. Geddes also shared his concerns
related to the Poseidon Desalination Plant. (00:45:55)
Amber, a 19-year resident of Huntington Beach, was called to speak and shared her concerns regarding
the AES Power Plant, Magnolia Tank Farm and Ascon Landfill Site remediation projects, and asked that
City Council continue to protect and speak up for the residents in south east Huntington Beach.
(00:49:03)
COUNCIL COMMITTEE – APPOINTMENTS – LIAISON REPORTS, AB 1234 REPORTING, AND
OPENNESS IN NEGOTIATIONS DISCLOSURES
Councilmember Posey announced Charles "CJ" Ray as his new Finance Commissioner, provided a brief
background of his qualifications, and thanked him for accepting this appointment.
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Councilmember Carr reported meeting with members of the HB Police Officers' Association (POA), and a
meeting with the California Commission on Aging.
Mayor Peterson reported that he and City Manager Chi met with all Huntington Beach School District
Superintendents to discuss ways to improve their relationship with the City.
CITY MANAGER’S REPORT — Assistant City Manager Travis Hopkins provided a brief update on the
Ascon Landfill Site project.
CONSENT CALENDAR
3. 19-1182 Approved Resolution No. 2019-92 to extend an invitation to the City of Biarritz,
France, for the purpose of establishing a Sister City Relationship
Mayor Peterson introduced Consent Calendar Item No. 3 by providing a brief background of the events
over several years, which led to this Sister City Relationship invitation to the City of Biarritz, France.
Councilmember Posey thanked former Huntington Beach Mayor Don MacAllister for his unwavering
support for the Sister City program, especially as related to the European Surf City of Biarritz, France.
A motion was made by Peterson, second Posey to adopt Resolution No. 2019-92, "A Resolution of the
City Council of the City of Huntington Beach Extending an Invitation to the City of Biarritz, France, to
Become a Sister City and Inviting the People of Biarritz, France, to Participate in Said Program."
The motion carried by the following vote:
AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy
NOES: None
AWARDS AND PRESENTATIONS
4. 19-1191 Mayor Peterson presented the final Mayor’s Award of the year to Junior Lifeguard
Program Coordinator, Mike Eich
Mayor Peterson introduced Mr. Eich as his personal selection for this Mayor's Award because he is
probably the only Mayor, and possibly the only Councilmember, who completed the Junior Lifeguard
Program growing up in Huntington Beach. Mr. Eich has an impact on youth through the Junior Lifeguard
Program and as a teacher. Mr. Eich has taught surfing, swimming, safety and discipline with respect for
the ocean to thousands upon thousands of young people. Mr. Eich said he has two passions: lifesaving
and teaching, and expressed appreciation to his team members and the staff he has had the privilege to
work with through the years.
5. 19-1056 City 2019 Retrospect (or Comments) by Outgoing Mayor Peterson
Mayor Peterson shared a video to highlight his Mayoral milestones during the past year, including
personal comments thanking the residents of Huntington Beach for providing him the opportunity to
serve as their Mayor.
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6. 19-1057 Presentation of gifts by Outgoing Mayor Peterson to Colleagues
Mayor Peterson thanked his colleagues with a surfboard shaped plaque commemorating their service as
his team members, and shared his appreciation for their unique skills and abilities as elected City
officials.
ADMINISTRATIVE ITEMS
7. 19-1060 Conduct Election of Mayor for Ensuing Year
A motion was made by Peterson, second Hardy to elect Lyn Semeta as Mayor.
The motion carried by acclamation.
• Oath of Office administered to new Mayor Semeta by City Clerk Estanislau
• Presentation of gavel and “Mayor” lapel pin by Outgoing Mayor Peterson to new Mayor
Semeta
• Presentation of the "Ultimate Challenge" sculpture from new Mayor Semeta to
outgoing Mayor Peterson
Mayor Semeta thanked outgoing Mayor Peterson for listening to people, and acknowledged
him as a local business owner and a Marine with a valuable sense of justice.
• New Mayor Semeta presided
8. 19-1061 Conduct Election of Mayor Pro Tempore for Ensuing Year
• New Mayor Semeta called for a motion to elect a new Mayor Pro Tempore
A motion was made by Peterson, second Carr to elect Jill Hardy as Mayor Pro Tempore.
The motion carried by acclamation.
• Oath of Office administered to new Mayor Pro Tempore Hardy by City Clerk Estanislau
COMMENTS BY NEWLY ELECTED MAYOR SEMETA
Mayor Semeta expressed her gratitude and appreciation for the opportunity to serve Huntington Beach
as Mayor, and described some of the new opportunities, changes, and challenges she expects to be
addressed in the coming year. Mayor Semeta stated her support for always maintaining respect for one
another during the process to determine better solutions, and announced a new Mayor's Amendment to
a Community Award that recognizes the City's unsung heroes — people making a positive difference
behind the scenes. Mayor Semeta thanked the community for their faith in her as she works with staff to
help the City continue to deliver excellence in service, and thanked her husband Rich and daughters for
their anticipated patience as her calendar fills up during this next year of service.
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COMMENTS BY NEWLY ELECTED MAYOR PRO TEMPORE HARDY
Mayor Pro Tempore Hardy expressed her support for Mayor Semeta and thanked her fellow
Councilmembers for allowing her to serve as Mayor Pro Tempore for her last year of service. Mayor Pro
Tempore Hardy stated how special it is to her that she and Mayor Semeta get to serve during the 100th
Anniversary of Women's Suffrage.
COUNCILMEMBER COMMENTS (Not Agendized)
Councilmember Posey welcomed Councilmember Peterson to the Former Mayor's Club, thanked Mayor
Semeta for her inspiring words, congratulated Mayor Pro Tempore Hardy for her continued service,
acknowledged City Manager Chi and Assistant City Manager Hopkins, and thanked Fire Chief Segura for
continuing to serve. He also recognized the accomplishments of Assistant to the City Manager Antonia
Graham who will be leaving the City to serve as the City of Fullerton’s next Deputy City Manager, and
reminded everyone to participate in the Light a Light of Love at Pier Plaza on Sunday, December 8th, in
support of the Youth Shelter.
Councilmember Carr congratulated Mayor Semeta, thanked former Mayor Peterson for his gracious and
welcoming attitude towards her this past year as the newly elected first-time Council Member, expressed
her appreciation for Mayor Pro Tempore Hardy's support and efforts which resulted in her election as a
Council Member, and stated her thanks to each of her fellow Councilmembers for their service, and
stated her excitement as she looks forward to 2020.
Councilmember Brenden congratulated Mayor Semeta, thanked former Mayor Peterson for his year of
excellent service, thanked Mayor Pro Tempore Hardy for sharing her tremendous knowledge base from
her vast experience serving the City, stated his appreciation for each Councilmember, and his
excitement for serving Huntington Beach in 2020.
Councilmember Delgleize congratulated Mayor Semeta and stated her support for being collaborative
throughout decision-making processes, thanked former Mayor Peterson for his leadership, thanked
Mayor Pro Tempore Hardy for freely sharing her institutional knowledge, thanked her fellow colleagues
for making Huntington Beach better, and expressed her excitement for the things to come in 2020.
Former Mayor Peterson expressed appreciation to his wife, sons, parents, grandmother, and his fellow
Councilmembers and City staff including City Manager Chi and City Attorney Gates for their support
during his year of service as Mayor.
Mayor Semeta commended Assistant to the City Manager Antonia Graham for her excellent service to
the City, and acknowledged the presence of her extended family and thanked them for sharing this
occasion with her.
ADJOURNMENT — 7:53 pm to the next regularly scheduled meeting of the Huntington Beach City
Council/Public Financing Authority on Monday, December 16, 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 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
58
City of Huntington Beach
File #:19-1054 MEETING DATE:12/16/2019
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:
Receive and file the Maddy Act Local Appointments List - 2020 (terms on City boards,
commissions, and committees which expire in 2020) informing the public of openings and
vacancies based on 2020 expiration of current members’ terms
Statement of Issue:
Compliance with the Maddy Act requires that the City Council annually receive and file an updated
list of all boards, commission, and committees on which members’ terms are scheduled to expire.
The Maddy Act Local Appointments List - 2020 informs the public of available opportunities to serve
on City boards and commissions in 2020.
Financial Impact:
Not applicable.
Recommended Action:
Receive and file the Maddy Act Local Appointments List - 2020 showing vacancies which will occur
on City boards, commissions, and committees in the year 2020, and direct the City Clerk to post the
list at official posting locations (Civic Center, Huntington Central Library, and Main Street Library).
Copies of the Maddy Act Local Appointments List - 2020 will also be posted at all branch libraries and
on the City’s website.
Alternative Action(s):
None.
Analysis:
Annually, each legislative body shall prepare an appointment list of all regular and ongoing boards,
commissions, and committees appointed by the legislative body of the local agency. The list of
appointees shall contain the following information:
1. A list of all appointive terms which will expire during the next calendar year (2020) with the
name of the incumbent appointee, the date of appointment, the date the term expires, and the
City of Huntington Beach Printed on 12/11/2019Page 1 of 2
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File #:19-1054 MEETING DATE:12/16/2019
necessary qualifications for each position.
2. A list of all boards, commissions, and committees whose members serve at the pleasure of the
legislative body and the necessary qualifications for each position.
Whenever an unscheduled vacancy occurs on any board, commission or committee for which the
legislative body has the appointing power, whether due to resignation, death, termination or other
causes, a special Notice of Vacancy shall be posted in the Office of the City Clerk of the local agency
and in other places as directed by the legislative body not earlier than 20 days before or not later
than 20 days after the vacancy occurs. The legislative body shall not make final appointment to a
board, commission or committee for at least 10 working days after the posting of the Notice of
Vacancy.
Emergency vacancies can be filled, but the appointee will serve on an acting basis until a final
appointment is made.
On November 20, 2019, the Intergovernmental Relations Committee (IRC) reviewed the purpose and
structure of each City board, commission, committee and task force to consider if changes were
necessary. The attached Local Appointments List includes summarized notes of recommendations
made to staff by the IRC. If the City Council elects to take formal action to implement any
recommendation proposed by the IRC, staff will return to Council to request approval of a revised
Local Appointments List.
Environmental Status:
None.
Strategic Plan Goal:
Non-Applicable - Administrative Item
Attachment(s):
1. Maddy Act Local Appointments List - 2020
City of Huntington Beach Printed on 12/11/2019Page 2 of 2
powered by Legistar™60
City of Huntington Beach
MADDY ACT
LOCAL APPOINTMENTS LIST – 2020
Opportunity for Public Service on
City Boards and Commissions
CITY BOARDS, COMMISSIONS AND COMMITTEES TERMS
WHICH HAVE EXPIRATION DATES OCCURING IN CALENDAR YEAR 2020
This list is prepared to inform members of the community of opportunities to serve on City boards
and commissions and to invite applications from interested parties.
Please note that the following information pertains to openings that will be available in 2020
because of expiration of members’ terms. Very often during the year there will be openings on
boards, commissions and committees because members resign. These openings are posted
separately at the Civic Center and Huntington Central Library, and are listed on the city’s website
at:http://www.surfcity-hb.org/Government/boards_commissions/notice_of_vacancies.cfm.
ROBIN ESTANISLAU, CITY CLERK
Office of the City Clerk
2000 Main Street, 2nd Floor
714-536-5227
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MADDY ACT LOCAL APPOINTMENTS LIST - 2020
(Chapter 10, Section 54970, Part 1, Division 2, Title 5 of the Government Code)
The following information provides notification of membership terms on City boards, commissions
and committees due to expire in 2020:
*CHILDREN’S NEEDS TASK FORCE
(Resignations Occur; See Notices of Vacancies for Potential Openings)
Current Appointee Date of Appointment Date of Expiration
Dominique Sardinas**9/1/2017 8/30/2020
**Youth Member
CHILDREN’S NEEDS TASK FORCE was established in 2000,by Resolution 2000-78 and the
CNTF bylaws, which develops and implements plans for youth and children that will ensure the
best possible environment for raising children to become successful members of our
community. The Task Force meets the fourth Thursday every other month at 4:00 p.m. in Room
B-8 of the Civic Center. Staff support is provided through the Community Services Department
at (714) 374-1583.
Necessary Requirements: Residents or work within the City. Task Force members are
recommended by the City Council liaisons.
Members and Appointments: The Children’s Needs Task Force is made up of thirteen (13)
members and shall consist of a minimum of one student representative and not more than one-
third of the 13 member total allowable membership. Adult members serve a 4-year term up to
two terms. Student members serve a 1-year term up to four terms.
*IRC questions original purpose and designation as a Task Force; recommends to meet
as needed and transfer management of annual Youth Character Award to Youth Board
*CITIZENS INFRASTRUCTURE ADVISORY BOARD
(Term Limits Not Applicable; See Notices of Vacancies for Potential Openings)
The Charter directs that the City Council establish a CITIZENS INFRASTRUCTURE
ADVISORY BOARD (CIAB) for the oversight of infrastructure. In 2002, the Public Works
Commission became the auditing body. In 2015, an Ordinance was created to establish the
CIAB as required by Charter section 617. Staff support is provided by the Public Works
Department at (714) 375-5070.
Members and Appointments:The CIAB shall be comprised of seven members, to be directly
appointed by members of the City Council.
Note: Appointments to this board must file California Form 700 - "Statement of Economic
Interests."
Necessary Requirements: The Board shall act in an advisory capacity to the City Council in
matters pertaining to infrastructure. The Board should meet monthly in the quarter prior to
release of the annual budget.
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*IRC recommends the board reside as a subcommittee of the Public Works Commission
CITIZENS PARTICIPATION ADVISORY BOARD
(Term Limits Not Applicable; See Notices of Vacancies for Potential Openings)
CITIZEN PARTICIPATION ADVISORY BOARD (CPAB)makes recommendations to the City
Council on eligible activities for the Community Development Block Grant (CDBG) program and
other Housing and Urban Development (HUD) programs annually. Meetings are held on the 1st
Thursday of the month beginning at 6:00 p.m. in Room B-8 of the Civic Center; additional
meetings may be required depending on the number of grant applications received or as other
issues arise. Staff support is provided by the Office of Business Development at (714) 536-5470.
Members and Appointments: CPAB includes seven, individual appointments by the City
Council.
Necessary Requirements: As an advisory board of seven Council-appointed citizens,
members shall have an interest in providing citizen participation and coordination in the City’s
planning processes for the City’s Housing and Urban Development (HUD) programs. Members
shall have an interest in assessing the needs of the community, particularly that of low and
moderate income households, evaluate and prioritize projects pertaining to the required plans,
and provide recommendations to the City Council. Low-income and disadvantaged persons are
encouraged to apply.
*COMMUNITY SERVICES COMMISSION
(Term Limits Not Applicable; See Notices of Vacancies for Potential Openings)
COMMUNITY SERVICES COMMISSION was established in 1965, by MC 2.64.010, which
reviews and provides recommendations relating to the city’s parks, beaches, and recreational
facilities. The Commission meets the second Wednesday of each month at 6:00 p.m. in the
Council Chambers. Staff support is provided by the Community Services Department at (714)
536-5434.
Necessary Requirements: City resident, interested in recreational programming and
development of parks.
Members and appointments: The Commission consists of 13 members - seven direct
appointments by individual Council Members to serve a consecutive 4-year term; six direct
school-district appointments to a one-year term. Each elementary, high school and public
community college district having facilities within the City may recommend to the Council, on or
before the third Monday in June of each year, two or more persons, residents of the City of
Huntington Beach, to represent their district. One of said persons shall be appointed by the
Council for a one-year term which will terminate on July 1 the following year. In the event that
any district shall not make such recommendations to the Council by the first day of July, then
the Council may appoint some qualified person to a one-year term to represent such school
district on the Commission.
*IRC recommends restructure to a 7-member, direct Council-appointment Commission
whose purpose is to develop City parks; rename as “Park Planning and Development
Commission.”
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*DESIGN REVIEW BOARD
(Resignations Occur; See Notices of Vacancies for Potential Openings)
Current Appointee Date of Appointment Date of Expiration
Mariana Morris 12/31/2016 12/31/2020
Lilli Cutler 12/31/2016 12/31/2020
The DESIGN REVIEW BOARD reviews design, colors and materials for projects located within
Specific Plan Areas, and areas designated by City Council, City facilities or projects abutting or
adjoining City facilities, projects in or abutting or adjoining OS-PR and OS-S districts, and
General Plan primary and secondary entry nodes. This process ensures that the aesthetic
values of the adopted Urban Design Guidelines are implemented through high quality
architectural style, superior landscaping and compatibility of design with surrounding properties.
The Design Review Board assists the Community Development Director, Zoning Administrator,
and Planning Commission in reviewing development plans and architectural drawings within
designated geographic areas of the City. The Board makes recommendations to the
Community Development Director, Zoning Administrator, and Planning Commission and may
impose conditions or modifications on projects reviewed. The Board meets on the second
Thursday of each month at 3:30 P.M. in Room B-8 located at the Lower Level of City Hall. Staff
support is provided through the Community Development Department at (714) 536-5271.
Note: Appointments to this board must file California Form 700 - "Statement of Economic
Interests."
Necessary Requirements: City resident, at least 18 years of age and interested in guiding,
encouraging and promoting the maintenance of harmonious, compatible, attractive and
aesthetic developments within special and unique areas of the City. Members must have
training, education or work experience in design-related fields including, but not limited to,
architecture, landscaping, art, urban/environmental design and aesthetics.
*IRC recommends the addition of Public Arts Board liaison (Board establishment TBD)
ENVIRONMENTAL BOARD
(Resignations Occur; See Notices of Vacancies for Potential Openings)
Current Appointee Date of Appointment Date of Expiration
There are no Environmental Board term expirations in 2020
ENVIRONMENTAL BOARD studies and reports on issues related to the environment of the
City of Huntington Beach and investigate all actual and potential threats to a clean environment
for the city and its inhabitants. It is made up of nine members who meet on the 3
rd Wednesday
of each month at 6:00 p.m. at the Central Library, Room B. Staff support is provided through
the City Manager’s Office at (714) 536-5265.
Necessary Requirements: City resident and preferably the following: 1) A general interest in
the environment and protecting its quality; 2) An interest in local government and becoming
involved in its operation; 3) Preferably a specific interest in the activities of the Environmental
Board which relate to (a) long range local and regional planning, (b) state and federal
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environmental legislation and its impact upon the community, (c) energy conservation, and (d)
solid waste disposal.
FINANCE COMMISSION
(Term Limits Not Applicable; See Notices of Vacancies for Potential Openings)
FINANCE COMMISSION acts in an advisory capacity to the City Council in matters pertaining
to financial planning.
The Finance Commission consists of seven members individually appointed by a member of the
City Council, and serves a concurrent Council term.
The Finance Commission holds regular monthly meetings on the fourth Wednesday of each
month at 5:00 PM in Room B-7 of City Hall. All meetings are open to the public and special
meetings may be called in conformance with the Ralph M. Brown Act. In the event a member
retires or is unable to complete his term, an appointment shall be made to fill the remainder of the
unexpired term. Staff support is provided through the Finance Department at (714) 536-5630.
Note: Appointments to this board must file California Form 700 - "Statement of Economic
Interests."
Necessary Requirements: City resident of the City of Huntington Beach. Commissioners are
appointed by Council.
*FOURTH OF JULY EXECUTIVE BOARD
(Term Limits Not Applicable; See Notices of Vacancies for Potential Openings)
FOURTH OF JULY EXECUTIVE BOARD was established in 1983, by MC 2.106.010 which is
responsible for the fundraising, coordination and presentation of the City's annual Fourth of July
Celebration, including a parade, fireworks, 5K run and related entertainment. The board meets
monthly on the 1st Wednesday at 6:00 pm year-round, with two meetings in May and weekly or as-
needed meetings in June. The meetings are held in B-8 on the Lower Level of the Civic Center,
2000 Main Street. Appointments are made on an as-needed basis. Staff support is provided
through the Community Services Department at (714) 374-5312.
Necessary Requirements: Resident of the City of Huntington Beach.
*IRC recommends further review of existing structure
HARBOR COMMISSION
(Resignations Occur; See Notices of Vacancies for Potential Openings)
Current Appointee Date of Appointment Date of Expiration
Renee Hunter 3/4/2019 12/31/2020
John Ochs 3/4/2019 12/31/2020
Michael VanVoorhis 3/4/2019 12/31/2020
HARBOR COMMISSION was established in 2019, by MC 2.65.010, which shall act in an advisory
capacity to the City Council on matters pertaining to the Huntington Beach harbor its beaches,
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facilities, and parks. The Board is made up of seven (7) members. The Board meets as needed
on the fourth Thursday of each month at 5:00 P.M. at City Hall, Room B-7 (lower level). Staff
support is provided by the Community Services Department at (714) 536-5292.
Necessary Requirements: Resident of the City of Huntington Beach. Commissioners are
appointed by Council.
*HISTORIC RESOURCES BOARD
(Resignations Occur; See Notices of Vacancies for Potential Openings)
Current Appointee Date of Appointment Date of Expiration
There are no Historic Resources Board term expirations in 2020
HISTORIC RESOURCES BOARD provides information to the City Council pertinent to the
conservation and preservation of the City’s historic resources. The Board is made up of 9
members. The Board meets as needed on the 3
rd Wednesday of each month at 5:00 P.M. at City
Hall, Room B-7 (lower level). Staff support is provided by the Community Development
Department at (714) 536-5271.
Necessary Requirements: City resident and preferably the following: 1) A general interest in
local history; and, 2) An interest in becoming involved in local government.
*IRC recommends the Board be merged with Park Planning and Development Committee
*HUMAN RELATIONS TASK FORCE
(Resignations Occur; See Notices of Vacancies for Potential Openings)
Current Appointee Date of Appointment Date of Expiration
There are no Human Relations Task Force term expirations in 2020
HUMAN RELATIONS TASK FORCE was initially formed by the City Council in February 1997.
The mission of the Task Force is to promote and celebrate the diversity of our community through
education and understanding. In order to achieve these goals, the Task Force sponsors
community events through the year and serves as a resource to the community in promoting
human dignity and cooperation.
The Task Force is comprised of nine members. The Human Relations Task Force meets on the
1st Tuesday of each month at 6:45 p.m. at the Central Library, Room B. Staff support is provided
by the Huntington Beach Police Department at (714) 536-5903.
Necessary Requirements: Interested in promoting cultural diversity efforts within the
community. Fundraising and public information work experience is beneficial.
*IRC recommends transition to subcommittee of Interfaith Council of Huntington Beach
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INVESTMENT ADVISORY BOARD
(Term Limits Not Applicable; See Notices of Vacancies for Potential Openings)
INVESTMENT ADVISORY BOARD currently consists of seven members. Each City Council
Member shall appoint one member of the Board to serve the same term as the City Council
Member.
The purpose of the Board is to act in an advisory capacity to the City Treasurer and the City
Council in matters pertaining to the financial planning and the City's investments as per
Municipal Code Chapter 2.109.
The IAB meets on a quarterly basis (January, April, July, October) on the third Thursday of the
month at 6:30 PM in Room B-7 of the Huntington Beach Civic Center.
Vacancies: In the event a member retires or is unable to complete his term, an appointment
shall be made to fill the remainder of the unexpired term. Staff support is provided by the City
Treasurer’s Department at (714) 536-5200.
JET NOISE COMMISSION
(Resignations Occur; See Notices of Vacancies for Potential Openings)
Current Appointee Date of Appointment Date of Expiration
There are no Jet Noise Commission term expirations in 2020
JET NOISE COMMISSION (JNC) was formed to monitor issues related to jet noise from
commercial aviation traffic flying over the City, to act as an advisory body to the Council on matters
pertaining to jet noise from commercial aviation traffic over the City, and to engage with
neighboring cities, regulatory bodies, airlines, and staff regarding the impact of air traffic activities
on the quality of life in Huntington Beach.
The Commission shall consist of seven at-large members recommended by two Council liaisons,
and appointed by a majority of the City Council. The Commission shall meet at such time and
place as fixed by resolution. Staff support is provided by City Manager’s Office at (714) 536-5537.
Necessary Requirements: Members shall hold no paid office or employment in the City
government while serving on the JNC.
LIBRARY BOARD
(Resignations Occur; See Notices of Vacancies for Potential Openings)
Current Appointee Date of Appointment Date of Expiration
There are no Library Board term expirations in 2020
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LIBRARY BOARD makes recommendations to the City Council on matters related to the City’s
libraries and library services in areas as deemed necessary by the City Council. It is a seven-
member board that meets on the 3rd Tuesday of each month at 5:00 p.m. in the Central Library
Administrative Conference Room. Staff support is provided by the Library Services Department
at (714) 960-8836.
Necessary Requirements: City resident 30 days prior to appointment and 18 years of age with
an interest in the operation and conduct of city libraries.
MOBILE HOME ADVISORY BOARD
(Resignations Occur; See Notices of Vacancies for Potential Openings)
Current Appointee Date of Appointment Date of Expiration
Sharon Dana 2/21/2012 8/5/2020
Manuel Vizinho 5/20/2013 8/5/2020
MOBILE HOME ADVISORY BOARD ensures the quality of life in mobile home parks and
reviews matters concerning mobile home parks in the City of Huntington Beach through healthy
communication with park owners, manufactured home owners, and the City Council. Nine
members, three each as follows: Park representatives, Resident/Owner representatives, and
citizens at-large who have no affiliation or relationship with mobile home parks. They meet
quarterly at 6:00 p.m. on the 4th Monday of the month in January, April, July, and October at a
City Hall (see Agenda for location changes) with special meetings scheduled as needed. Staff
support is provided by the Office of Business Development at (714) 536-5470.
Necessary Requirements:The board consists of nine members: three Huntington Beach
mobile home park owners; three Huntington Beach mobile home resident owners; and, three
Huntington Beach independent citizens at-large who have no affiliation or relationship with
mobile home parks.
PERSONNEL COMMISSION
(Resignations Occur; See Notices of Vacancies for Potential Openings)
Current Appointee Date of Appointment Date of Expiration
David Ellis 09/04/18 06/30/20
William Blair 09/04/18 06/30/20
PERSONNEL COMMISSION acts in an advisory capacity to the City Council and City Manager
on personnel administration, hears appeals on grievance matters and appeals from decisions
related to the employer-employee relations resolution, reviews impasse matters, and performs
other personnel duties and functions as may be requested by the City Council or prescribed by
ordinance or resolution. There are five commission members and meetings take place at 5:30
p.m. on the 3rd Wednesday of each month in Room B-8 of the Civic Center. Staff support is
provided by the Human Resources Department at (714) 960-8828.
Necessary Requirements: City resident for 30 days prior to appointment. Desirable
qualifications are education and work experience in private or public personnel administration.
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PLANNING COMMISSION
(Term Limits Not Applicable; See Notices of Vacancies for Potential Openings)
Members and Appointments: The PLANNING COMMISSION includes seven members who
are appointed by the City Council members. Each City Council member appoints one
commissioner to this quasi-judicial body that is empowered by State law and the City Council.
Meeting Times and Dates: The Planning Commission meets on the second and fourth
Tuesday of each month at 7:00 p.m. in the Council Chambers. Study sessions are frequently
held at 5:15 p.m. prior to the meeting in Council Chambers. Agendas are available to the public
the Thursday prior to the meeting.
Note: Appointments to this board must file California Form 700 - "Statement of Economic
Interests."
Vacancies: In the event a member retires or is unable to complete his term, an appointment
shall be made to fill the remainder of the unexpired term. Staff support is provided by the
Community Development Department at (714) 536-5276.
PUBLIC WORKS COMMISSION
(Term Limits Not Applicable; See Notices of Vacancies for Potential Openings)
Members and Appointments: The PUBLIC WORKS COMMISSION consists of seven (7)
members who are residents of the City of Huntington Beach. Each City Councilmember
appoints a member of the Commission to a term that coincides with the City Councilmember's
term. No member may have interest in any contract with the city either during his or her terms or
for a period of one year after cessation of Commission service. All members serve without
compensation, may hold no other office or employment in city government and no other
employment that is incompatible with Commission service.
Meeting Times and Dates: The Public Works Commission holds regular monthly meetings, on
the third Wednesday of each month at 5:00 PM at the Utilities Yard located on 19021
Huntington Street. All meetings are open to the public and special meetings may be called in
conformance with the Ralph M. Brown Act.
Vacancies: In the event a member retires or is unable to compete his term, an appointment
shall be made to fill the remainder of the unexpired term. Staff support is provided by the Public
Works Department at (714) 375-5055.
*YOUTH BOARD
(Resignations Occur; See Notices of Vacancies for Potential Openings)
Current Appointee Date of Appointment Date of Expiration
REPRESENTATIVES:
Samuel Dater – EHS 6/1/2019 5/31/2020
Amy Zang –HBHS 6/1/2019 5/31/2020
Tatum Osborne – MHS 6/1/2019 5/31/2020
69
g:/maddyact/maddy2020 Page 10 of 10
Natalie Blazquez – OVHS 6/1/2019 5/31/2020
AT LARGE MEMBERS:
Caitlin Sheetz – EHS 6/1/2019 5/31/2020
Jenna Ali –HBHS 6/1/2019 5/31/2020
Andre Mai – HBHS 6/1/2019 5/31/2020
Kathryn Robinson – MHS 6/1/2019 5/31/2020
Bella Brannon – OVHS 6/1/2019 5/31/2020
YOUTH BOARD was established in 1987, by MC 2.108, which is a voluntary advisory board to
the City Council regarding youth achievement, problems, and needs. The board represents,
involves, and promotes youth participation in community affairs. The board meets on the
second Monday of each month at 3:30 p.m. public meeting rooms. Note: A separate
application is required for review by the City Council Liaisons. Staff support is provided by the
Community Services Department at (714) 374-5312.
Necessary Requirements: All members shall be enrolled in high school and shall be residents
of this city during their service on the board. The Youth Board was formed to promote Council,
city staff and public understanding of the achievements, problems and needs of the city's young
people and under Council direction, to enable young people to participate in various city
activities and make recommendations to the Council, and further to promote and encourage
increased interest and participation among young people in community affairs.
*IRC recommends that the Youth Board manage annual Youth Character Awards
70
City of Huntington Beach
File #:19-1206 MEETING DATE:12/16/2019
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:
Receive and file the monthly status update on the 6th cycle Regional Housing Needs
Assessment (RHNA) process
Statement of Issue:
During the July 15, 2019, City Council Study Session, Community Development staff presented an
overview of the 6th Cycle RHNA process and related items of information as directed by the City
Council. At the end of the study session, the City Council requested monthly updates on the status of
the 6th Cycle RHNA process. This update provides a summary of what has occurred since the last
monthly update on November 18, 2019.
Financial Impact:
There is no fiscal impact.
Recommended Action:
Receive and file the monthly Regional Housing Needs Assessment (RHNA) process status update.
Alternative Action(s):
Provide alternative direction to staff.
Analysis:
On November 7, 2019, the SCAG Regional Council, made up of elected officials from the various
SCAG jurisdictions, considered the draft methodology. The Regional Council ultimately voted 43-19
to approve a methodology,proposed by Riverside Mayor Rusty Bailey, which would result in a RHNA
allocation of approximately 13,321 units to the City of Huntington Beach. Mayor Semeta,
representing the City of Huntington Beach on the Regional Council, voted no on the motion. The
approved methodology has been forwarded to HCD for a 60-day review. If HCD approves the
methodology, SCAG will then distribute RHNA units to its member jurisdictions. This will most likely
occur in February 2020. An appeal period will follow the jurisdictional allocation.
Following the November 7, 2019,Regional Council meeting, the City sent a letter to HCD and SCAG
objecting to the Regional Council’s action. A copy of the letter is attached to this report.
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There are no SCAG Regional Council meetings in December or January. The next Regional Council
meeting is scheduled for February 6, 2020.
Environmental Status:
The filing of a status update on the 6th Cycle RHNA process is not a project as defined by Section
15378 of the CEQA Guidelines and is not subject to CEQA.
Strategic Plan Goal:
Non-Applicable - Administrative Item
Attachment(s):
1. City of Huntington Beach Letter to HCD and SCAG, dated November 20, 2019
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Re: SCAG's November 7"' Illegal Action to Apportion Excessive, Arbitrary & Capricious RHNA
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First, the City of Huntington Beach did not receive proper or adequate notice that SCAG
would entertain such a vote on such an "alternative" and legally unsupported
methodology. It was not clearly part of the advance agenda and there was only a brief,
vague letter sent by email two days prior to Huntington Beach that this "alternative"
methodology was being contemplated. To the contrary, prior to this meeting, SCAG had
consistently and repeatedly set forth certain methodologies upon which the City of
Huntington Beach relied.
In addition to the lack of adequate notice of the "alternative" RHNA distribution method
that ultimately occurred, the City of Huntington Beach was not allowed to provide any
meaningful input, or place any objections on the record at the meeting before the vote. In a
blatant disregard of controlling parliamentary rules, the Mayor Pro Tern of Huntington
Beach, Lyn Semeta's request to speak to the members was categorically denied-depriving
her and the City of Huntington Beach any opportunity to voice an objection to, or provide
any input to, the voting members before the vote was taken. Again, a blatant denial to
Huntington Beach to participate in the SCAG RHNA process.
Moreover, this illegal vote resulted in a massive shift ofRHNA for the 6th Cycle to coastal
cities. Prior to the November 7th vote, the City of Huntington Beach had been informed by
SCAG to anticipate a RHNA distribution for the 6th Cycle of 3,612 units. After the
November 7th vote by SCAG, the City of Huntington Beach has learned that the RHNA
distribution will be 13,300 -a nearly 370% increase to the City of Huntington Beach.
This massive shift of RHNA to beach cities, like Huntington Beach, squarely undermines
SCAG's long and historical defense of the legality of the RHNA methodology. The City of
Huntington Beach on the other hand has long held, and has repeatedly voiced, that the
methodology for RHNA determinations has been flawed, wrought with political
manipulation, and not based on objective, verifiable real-world empirical data, this latest
vote on November 7th proves the very point that Huntington Beach has argued all along,
i.e., that there is no rational methodology at all.
In fact, peeling back the veil of false pretense, we now see these RHNAs amount to nothing
more than an arbitrary and capricious assignment of a zoning/development burdens
imposed on cities by a political majority from outside those cities.
SCAG Denied the Cify of Huntington Beach a Voice, Participation in the Process
For the past year, the SCAG RHNA subcommittee and the City of Huntington Beach have
been meeting monthly, parsing through complicated formulas in an effort to determine a
reasonable methodology that complies with RHNA statutory law. These formulas appear
to provide unbridled discretion regarding options like proximity to jobs, access to
transportation, available land to build on and projected household growth when
determining RHNA distribution. As the process evolved, many public meetings were held
throughout the SCAG region to discuss and obtain public comment on
the methodology. All of this input also included the opportunity for individual
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Re: SCAG's November 7th Illegal Action to Apportion Excessive, Arbitrary & Capricious RHNA
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jurisdictions to use estimation calculator tools provided by SCAG to ascertain impacts of
various proposed methodologies on their city. The jurisdictions each had the opportunity
to provide suggestions for changing the proposed formulas and many cities, like
Huntington Beach, did provide suggestions.
At the end of this year-long process, SCAG staff proposed a final methodology to be voted
on at the November 7th Regional Council Meeting. Although we continue to object to the
1.3 million regional allocation, Huntington Beach and the other Orange County cities were
prepared to vote in favor of the SCAG staff-recommended methodology as it appeared to
be a fair, equitable formula for distribution based on reasonable factors, i.e., factors set
forth by State law. Bear in mind, with each change to the proposed methodology options
throughout the process, SCAG staff spent considerable time crunching the numbers,
applying the different factors so that at the time the Regional Council voted on the final
proposal, the methodology had been thoroughly vetted and analyzed for its impacts and
rationale as a "reasonable" methodology.
Unfortunately, at the 11th hour, after ignoring earlier multiple opportunities to give input as
to why an alternate formula should be proposed, the elected officials of Riverside and Los
Angeles, in an apparent backroom deal, sprung new, "alternative" (irrational) methodology
that capriciously and baselessly shifted a massive portion of the RHNA distribution onto
Orange County, targeting, specifically, beach cities.
Notably, the day of the meeting, eleven of the fourteen Los Angeles City Council
Members, who are all able to cast votes due to their city's size, decided to attend the
SCAG's meeting to vote against smaller Orange County. It appears that many of these
Council Members never attended prior SCAG meetings. San Bernardino County voted in
support of the deal because it benefitted them as well. As a result of the massive, 11th hour,
"overnight" shift ofRHNA to Orange County pursuant to the vote, Riverside's RHNA
went from 235,131 units to 165,696; San Bernardino's was reduced, 181,774 to 135,047;
and Orange County's increased dramatically from 107,978 units to 182,194.
It appears that the Los Angeles, Riverside contingent orchestrated the 11th hour vote ahead
of time and therefore had time to line up multiple comment letters and multiple public
comment speakers in advance to come to the Regional Council Meeting to speak and
support the alternative methodology. Orange County, kept in the dark until the last
minute, did not.
Setting aside for a moment the procedural violations, the new/alternative methodology was
not fully analyzed for impacts by SCAG staff before the vote -in square violation of
substantive provisions of State law. This methodology was not previously supported by
SCAG staff. The new/alternative method fails to follow applicable State law in part by
removing local input and growth forecast data. The time staff from all jurisdictions spent
analyzing and providing data regarding the realities of our own individual jurisdictions, in
terms of cities' ability to build housing, was completely and illegally disregarded. The
current methodology ignores the very real constraints that coastal cities must cope with
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such as obtaining Coastal Commission approvals for zoning and development, and the
scarcity and lack of available land and other environmental constraints -including
Huntington Beach's particular interest in preserving the only large undeveloped and natural
portion of the City -its beautiful and highly valued Wetlands.
SCAG Not Adhering to State Law, Prescribed Methodology
The Department of Housing and Community Development (HCD) through Council of
Governments (COG) and/or Southern California Association of Governments (SCAG)
purports to identify certain existing and projected regional housing needs for alleged
projected State population and household growth. (Government Code§ 65584, et
seq.) SCAG covers the six-county Southern California region counties oflmperial, Los
Angeles, Orange, Riverside, San Bernardino and Ventura. The COG develops a Regional
Housing Need Allocation Plan (RHNA-Plan) allocating the region's share of the Statewide
need to cities and counties within the region." The typical scenario is that HCD, in
consultation with each COG, such as SCAG, determines the existing and projected housing
needs for each region. (Government Code§ 65584.01 (describing the marrner in which the
needs determination shall be made).)
The RHNA plan must be consistent with the following objectives: (1) increasing the
housing supply and the mix of housing types, tenure, and affordability within the region in
an equitable marrner, which must result in each jurisdiction receiving an allocation for low-
and very low-income units; (2) promoting infill development and socioeconomic equity,
the protection of environmental and agricultural resources, and the encouragement of
efficient development patterns; (3) promoting an improved intraregional relationship
between jobs and housing; and ( 4) allocating a lower proportion of housing needs to an
income category when a jurisdiction already has a disproportionately high share of
households in that category. (Government Code § 65584( d).)
According to HCD, "the RHNA-Plan process requires local governments to be accountable
for ensuring that projected housing needs can be accommodated and provides a benchmark
for evaluating the adequacy of local zoning and regulatory actions to ensure each local
government is providing sufficient appropriately designated land and opportunities for
housing development to address population growth and job generation." The November 7th
vote is in direct violation of State Housing law. Moreover, there is no evidence that the
State conducted an adequate constraints analysis such that projects built to accommodate
the City's additional RHNA numbers would be in conflict with the new State law and
regulation regarding water conservation. (Government Code Section 65584.04 (d)(2).)
In apparent contravention to the above State law authorities, it appears that SCAG is
unilaterally determining each jurisdiction's share ofRHNA through an arbitrary,
capricious, and clearly politically motivated approach that is in contravention to State
law. What this does, especially for the 13,300 RHNA assigned to Huntington Beach, in
combination with the unconstitutional State mandates under SB 35, SB 166, SB 1333, and
AB 101, is create a situation where Huntington Beach and many other cities will
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automatically be in violation of the newly passed State Housing laws . Such non-
compliance will immediately result, according to recent State laws, in massive monetary
damages to the City through the operation AB 101.
A scheme of laws that create an impossible situation for individuals and cities are illegal,
unconstitutional, and cannot stand. Clearly, the City of Huntington Beach's concerns with
this new proposed RHNA distribution are various, many of which have to do with what this
excessive RHNA figure means in the context of the recently-passed untenable, unworkable,
impractical, and unconstitutionally overreaching State Housing laws. Those are not the
complaints here. However, highlighting what excessive RHNA does to a city in light of
these laws is quite illuminating -and quite frankly demonstrates the punitive and
destructive nature of the State's grand housing proliferation scheme toward cities.
Based upon the foregoing and as a result of this illegal vote (if fully implemented), the City
of Huntington Beach will sustain real , appreciable damages. The November 7th vote by
SCAG, which resulted in a massive shift of distribution ofRHNA to Huntington Beach in
the amount of 13,300 for the 6th Cycle, procedurally and substantively violates State
Housing law.
As a result, SCAG must reconsider the November 7th vote in a manner that complies with
State law.
CHAEL E . GA TES,
City Attorney
~?~--=-==~~==::___
ERIK PETERSON,
Mayor
~r
Mayor Pro Tern
Southern California Association of Governments
Regional Council Member, District 64
77
City of Huntington Beach
File #:19-1200 MEETING DATE:12/16/2019
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:
Approve Fiscal Year 2018/19 Year End Preliminary Unaudited General Fund Balance
Designations
Statement of Issue:
The Finance Department is currently undergoing the year-end closing process for the Fiscal Year
(FY) 2018/19, which began on July 1, 2018, and ended on June 30, 2019. City Council authorization
is requested to allocate the currently estimated increase in General Fund balance of $10.4 million
and reallocate fund balance categories to finalize the City’s Comprehensive Annual Financial Report
(CAFR), subject to final certification by the City’s independent, external auditors.
Financial Impact:
Authorization is requested to allocate the currently estimated increase in General Fund Balance of
$10.4 million and reallocate fund balance categories to finalize the City’s CAFR.
Recommended Action:
Approve the assignments of preliminary FY 2018/19 year-end General Fund Balance increase of
$10.4 million and reallocation of fund balance categories in the amounts and for the purposes
indicated in Attachment 1.
Alternative Action(s):
Do not approve the recommendation and direct staff accordingly.
Analysis:
For the Fiscal Year 2018/19, preliminary, unaudited figures reflect a total of approximately $232.1
million in recurring General Fund revenue and $4.5 million in one-time revenue for a total of $236.6
million in total estimated General Fund revenue. The total estimated General Fund expenditures and
transfers is $226.2 million. After accounting for actual expenditures and transfers, there is a
preliminary unaudited increase in fund balance of $10.4 million, or 4.4 percent of the General Fund
revenues.
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File #:19-1200 MEETING DATE:12/16/2019
General Fund Designations
The City Council developed Strategic Initiatives at the City Council’s Strategic Planning Retreat on
February 7, 2019. These includes a three-year goal specific to each of the City’s strategic objectives.
The Strategic Initiatives Reserve was established to ensure funding for these goals. These goals are
currently being reviewed and evaluated by Executive Team based on needs and priorities. Staff
recommends to assign estimated available net General Fund balance of $10.4 million to the Strategic
Initiatives Reserve. It is also recommended to consolidate various reserves (Redevelopment
Dissolution, Senior Center Debt Service, CalPERS Rate Increase, Park Improvements, Police Facility
Enhancements and Unassigned) funds to the Strategic Initiatives Reserve (See Attachment 1).
Recommended uses of this fund will be presented to the City Council for review and authorization at
a later date.
Please note that the preliminary, unaudited $10.4 million increase in General Fund Balance that is
the basis for this recommendation is an estimate and is still subject to potential change. It is
recommended that any required reductions to this number (or additions), be reflected in the Strategic
Initiative Reserve to help ensure implementation of the City Council established priorities.
The City’s final audited figures for the fiscal year ended June 30, 2019, will be available on or before
December 31, 2019, pursuant to Generally Accepted Accounting Principles and Governmental
Accounting Standards Board requirements.
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. FY 2018/19 Recommended General Fund Balance Designations
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FY 2017/18 FY 2018/19 Year over Year
Fund Balance Category Audited Recommended Change
Economic Uncertainties 25,011 25,011
Equipment Replacement 8,295 8,295
Redevelopment Dissolution 1,080 (1,080)
General Plan Maintenance 439 546 107
General Liability Plan Migration 2,801 2,801
Capital Improvement Reserve (CIR)8,046 8,046
Senior Center Debt Service 2,000 (2,000)
CalPERS Rate Increase 1,637 (1,637)
Cityview Replacement 1,028 1,028
Park Improvements 200 (200)
Strategic Initiatives 558 15,998 15,440
Section 115 Trust 1,500 2,500 1,000
Triple Flip 1,759 1,113 (646)
Police Facility Enhancements 2,000 (2,000)
Housing Agreeement 1,580 1,580
Other Fund Balance^4,650 4,661 11
Year-End Market Value 1,184 1,184
Unassigned 2,734 (2,734)
Section 115 Trust Bank Balance 4,896 6,250 1,354
Total Fund Balance:68,634 79,013 10,379
Notes:
by the City's external independent auditors.
which may also be subject to further change as per auditor review and GASB rules.
^ Other Fund Balance - includes Prepaid Expenses, Encumbrances, Non-Spendable and Other Restricted Items
Recommended FY 2018/19 General Fund Balance Designations*
ATTACHMENT 1
(in thousands)
* These recommended fund balance designations may be subject to change upon further review and certification
80
City of Huntington Beach
File #:19-1174 MEETING DATE:12/16/2019
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Oliver Chi, City Manager
PREPARED BY:Travis K. Hopkins, PE, Director of Public Works
Subject:
Accept the lowest responsive and responsible bid and authorize execution of a construction
contract with Nobest, Inc. in the amount of $803,850 for the Residential Curb Ramp Project,
CC-1589
Statement of Issue:
On November 26, 2019, bids were publicly opened for the Residential Curb Ramp project. City
Council action is requested to award the construction contract to Nobest, Inc., the lowest responsive
and responsible bidder.
Financial Impact:
The total cost of the project, including contingency and supplemental expenses, is $941,200. Funds
for this project are available in the current fiscal year budget in the CDBG Account 23985962.82200
($329,195), Rehabilitation Loan Account 21580309.82800 ($228,102) and Measure “M” Account
21390004.82300 ($302,000). An additional appropriation of $82,000 is requested from the Measure
M undesignated fund balance.
Recommended Action:
A) Accept the lowest responsive and responsible bid submitted by Nobest, Inc. in the amount of
$803,850; and,
B) Appropriate an additional $82,000 from the Measure “M” undesignated fund balance to Account
21390004.82300 and,
C) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the
City Attorney.
Alternative Action(s):
Reject all bids, or provide staff with an alternative action.
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Analysis:
The Americans with Disabilities Act (ADA) statues require the City to provide facilities and programs
that are accessible to individuals with disabilities. Many of our street intersections and crossings lack
the curb access ramps necessary to comply with ADA requirements. The project consists of installing
ADA curb ramps throughout the City, but predominately in Maintenance Zone 9 (Attachment 1),
where the City’s annual pavement maintenance project has identified streets to overlay with new
asphalt.
Bids were publicly opened on November 26, 2019, with the following results:
BIDDER'S NAME BID AMOUNT
Nobest, Inc.$803,850
Vido Samarzich, Inc.$919,800
S&H Civilworks $1,045,000
Hardy and Harper, Inc.$1,074,180
Nobest, Inc. has provided acceptable experience on similar City projects in the past. Therefore, staff
recommends awarding a contract to Nobest, Inc. in the amount of $803,850. The total cost of the
project is $941,200. This total includes the construction contract of $803,850 plus ten-percent (10%)
construction contingency of $80,385. In addition, supplemental expenses of $56,964 for labor
compliance and inspection. The engineer’s estimate for this project was $936,000
Environmental Status:
The project is categorically exempt pursuant to Class 1, Section 15301(c) of the California
Environmental Quality Act.
Strategic Plan Goal:
Enhance and maintain infrastructure
Attachment(s):
1. Vicinity Map
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RD
232
RD
242
RD
252
RD
251
RD253
RD
169
RD
261
RD
262
RD
263
RD
264
RD
273
RD
475
RD
292
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City of Huntington Beach
File #:19-1210 MEETING DATE:12/16/2019
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
David A. Segura, Interim Fire Chief
Subject:
Approve the purchase of a replacement fire engine with South Coast Fire Equipment, Inc. and an ambulance with
Braun Northwest, Inc.; and, authorize the City Manager to execute all documents necessary to lease finance the
purchase of the fire engine and ambulance
Statement of Issue:
City Council approval is requested for the purchase of a replacement fire engine with South Coast Fire Equipment, Inc.
and an ambulance with Braun Northwest, Inc., and to authorize the City Manager to enter into any and all documents
necessary to finance the purchase of both the fire engine and ambulance in order to enhance public safety and
emergency response.
Financial Impact:
Funding for the replacement of both a fire engine and ambulance is included in the Equipment Replacement budget in the
FY 2019/20 budget. Specifically, the Adopted Budget includes $250,000 for the estimated annual debt service payments
for a potential lease financing arrangement to acquire both the fire engine and ambulance. This funding level was based
on interest rates at the time the FY 2019/20 budget was being developed. Interest rates fluctuate on a daily basis and
final lease financing rates and costs will be determined prior to the close of escrow. Staff recommends the lease
purchase of the fire engine and ambulance and all related equipment totaling $1,172,579 through a seven-year lease
purchase agreement. Based on current estimated interest rates of 2.134 percent, the annual debt service payment would
be $182,112. Please note the interest rate may be subject to change based on market conditions at the time of close of
escrow.
Recommended Action:
Approve the purchase of the replacement fire engine with South Coast Fire Equipment, Inc. and an ambulance with
Braun Northwest, Inc.; and,authorize the City Manager to execute all documents necessary to lease finance the
purchase of the fire engine and ambulance, at an interest rate not to exceed 2.5 percent.
Alternative Action(s):
Do not approve the recommendation and direct staff accordingly.
Analysis:
The proposed fire engine purchase will replace a fire engine which has been in service for 23 years. This apparatus has
over 6,600 hours on its diesel engine, requires frequent repairs, and is increasingly difficult to maintain and keep in
service. The reliability of this apparatus is critical because of its use in providing emergency responses, including: fire
suppression, hazardous materials, rescue, and medical responses.
Section 6 of City Budget Resolution 2019-28 requires that the acquisition of any capital items which exceed $500,000 be
approved by the City Council. The value of the proposed replacement fire engine of $825,149 exceeds this amount;
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approved by the City Council. The value of the proposed replacement fire engine of $825,149 exceeds this amount;
hence, it requires City Council approval. The replacement fire engine will be obtained from Pierce Manufacturing, Inc.
through South Coast Fire Equipment, the authorized dealer for Pierce Manufacturing, Inc. for this region of the country.
At this time, all of the City’s front line fire engines are Pierce models. These engines are of the highest quality and
maintaining consistency in the type of apparatus used provides interoperability and enables the highest level of
emergency service delivery. The pricing for the engine is competitive, with bids having been obtained through an
intergovernmental agency transaction with the City of Los Angeles in accordance with Municipal Code Section 3.02.190.
The ambulance, Unit 8229, proposed for replacement is 13 years old with 273,000 miles. Braun Northwest, Inc. has
manufactured all of the City’s six frontline ambulances. These are of a very high quality and are used by several
municipal agencies, including the City of Los Angeles. This manufacturer was selected by the City’s Fleet Management
Division following extensive research regarding the most reliable chassis and platform to provide emergency transport
services. Maintaining standardization of the ambulance fleet provides interoperability and facilitates the highest level of
ambulance services. The quoted price of $257,323 for the ambulance is also competitive, with bids obtained through an
intergovernmental agency transaction in accordance with Municipal Code Section 3.02.190.
The following are best practices and additional information regarding the justification for replacement of the fire engine:
Industry Standards for Fire Engine Replacement
The National Fire Protection Association (NFPA) provides best practice recommendations for the fire service and
recommends that the following factors be considered when replacing fire engines:
"The length of life depends on many factors, including vehicle mileage and engine hours, quality of the preventative
maintenance program, quality of the driver training program, whether the fire apparatus was used within the design
parameters, whether the apparatus was manufactured on a custom or commercial chassis, quality of workmanship by
the original manufacturer, quality of the components used, and availability of replacement parts, to name a few." (NFPA
Standard 1911-96 - Annex D, page 1)
According to the most current data available for state and locally owned fleets from the Federal Highway Administration,
the average replacement age for fire apparatus is 15.8 years. A similar replacement standard has historically been
adhered to by the City of Huntington Beach, based on the previously referenced NFPA factors and industry practices.
The wear and tear on the vehicle, which naturally and inevitably occurs over time, reduces apparatus reliability,
efficiency and performance.
The City of Huntington Beach’s practice for fire engine replacement includes moving engines from front line to reserve
status after 15 years and removing them from the fleet after three years in reserve, for a total of 18 years of service. This
practice is consistent with the majority of fire departments in the county. Fire Engine 8214 has been in service for 23
years and is past due for replacement.
Fire Engine Age, Mileage and Hours
Fire Engine Age:Fire Engine 8214 was purchased in 1996 and rebuilt in 2001 due to pump cavitation problems. It has
the original drive train, but the vehicle housing, pump and other equipment were replaced in 2001. The original motor
that operates the apparatus was not replaced and is still the original mechanical motor acquired with the apparatus in
1996, 23 years ago. Although the engine’s mileage is shown as 108,000, at the time of rebuild in 2001 it was zeroed out
and the actual mileage is much higher.
Fire Engine Mileage and Hours:The standard industry conversion calculation for fire engines, as provided in Fire
Mechanic training academies, is 26 miles for each hour of operation. According to the hours to miles factor for fire
engines, the apparatus has 6,600 vehicle hours, which equates to approximately 171,600 miles of driving.
Improved Apparatus Technology: Due to the evolution of software, parts and electronic technology, emergency
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Improved Apparatus Technology: Due to the evolution of software, parts and electronic technology, emergency
response apparatus now become obsolete much sooner than in the past. In order to provide maximum operating
efficiency and increase public safety service delivery, it is important to replace older vehicles, such as Fire Engine 8214.
Apparatus Maintenance Record
The maintenance record from 2013 to 2019 shows total expenditures of $104,000. This includes rebuilding the engine
transmission; replacement of tires, gauges, meters, lights, antenna, bumper, sirens, etc.; repair to leaks in water tanks,
the engine, packing, valves, etc. In addition, the cost to operate this engine is estimated at $6.05 per mile, compared to
a new engine which operates at $3.80, a cost savings of $2.25 per mile.
It is important to note that if approved, a new fire engine will take approximately 12-15 months to be built, delivered, and
put into service. Therefore, over the next year Fire Engine 8214 will add further miles and hours to its operational life.
Once a new fire engine is put into service, it will push the oldest frontline fire engine into reserve status (that is, a
reserve fire engine that covers for when frontline fire engines are out of service or non-operational). Fire Engine 8214
will then be surplused through the City’s fiscal services process. This replacement scenario is keeping with the City’s
Fleet Management practices.
Ultimately, older apparatus are less dependable and the reliability of this fire engine is critical to public and fire personnel
safety.
The following are best practices and additional information regarding the justification for replacement of the ambulance:
Ambulance Replacement Standards
The Huntington Beach Fire Department annually provides over 20,000 emergency responses, including over 10,000
emergency medical transports in City ambulances. Due to the large number of transports, the wear and tear on the
vehicle, which naturally and inevitably occurs, has increased and the reliability of the vehicle is reduced. Typically, the
City’s past practice has been to replace ambulances after eight years of service, although this timeframe has been
extended for this particular apparatus.
Treatment Optimization and Patient Comfort
This type of ambulance is superior to other models in that its design includes an advanced suspension system that
replaces outdated technology and, more importantly, increases patient comfort while transporting during critical care
incidents. The design of the interior treatment area includes improved ergonomics, which allow paramedics to enhance
safe and effective emergency treatment while in route to the hospital.
City Council approval is also requested for the City Manager, or his designee, to enter into any and all documents
necessary to finance the purchase of the fire engine and ambulance and all related equipment. The City’s existing
Master Lease Agreement would need to be amended to include the lease-purchase of these critical pieces of public
safety equipment at an estimated cost of $1,172,579. Based on the current estimated 2.134 percent interest rate, annual
debt service payments would equal $182,112 over the seven-year period.
The purchase of a replacement fire engine and ambulance, and all related equipment, are necessary to continue to
provide reliable emergency service to the residents and visitors of Huntington Beach. As the FY 2019/20 Adopted
Budget contains funding for the lease financing of this equipment, staff recommends proceeding with the replacement of
these important items as soon as possible to ensure public safety.
Environmental Status:
Not applicable.
Strategic Plan Goal:
Enhance and modernize public safety service delivery
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Attachment(s):
1. Lease Documents
2. Amortization Schedule
3. Master Lease-Purchase Agreement
4. Certificate of Incumbency
5. Opinion of Counsel
6. Quote from South Coast Fire Equipment, Inc.
7. Quote from Braun Northwest, Inc.
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Extension
One (1 )
749,216.00$
21,821.00$
Fire Department Contingency 36,369.75$
763,764.75$
Sales Tax @ 7.750%59,191.77$
Performance Bond 2,182.19$
California Tire Fee 10.50$
825,149.21$
materials, or other causes beyond our control not preventing, within about
South Coast Fire Equipment, Inc.
0
Sales Representative
Pierce Arrow XT Triple Combination
pumper per the enclosed proposal for
delvery sum of
Discount if ordered by:2/1/2020
guidelines for Automotive Fire Apparatus as published at time of bid, except as modified by
customer specifications. Any increased costs incurred by the first party because of future changes
in or additions to said DOT or NFPA standards will be passed along to the customer as an addition
to the price set forth above. Unless accepted within 30 days from date, the right is reserved to
withdraw this proposition.
Respectfully Submitted,
changes desired by the purchaser, provided such alterations are interlined prior to the acceptance
by the company of the order to purchase, and provided such alterations do not materially affect
the cost of the construction of the apparatus.
The proposal for fire apparatus conforms with all Federal Department of Transportation (DOT) rules
and regulations in effect at the time of bid, and with all National Fire Protection Association (NFPA)
hereto attached, delays due to strikes, war or international conflict, failures to obtain chassis,
330-360
CALENDAR DAYS after receipt of this order and the acceptance thereof at our office in Ontario,
California, and to be delivered to you at Huntington Beach, CA.
The specifications herein contained shall form a part of the final contract and are subject to
Said apparatus and equipment are to be built and shipped in accordance with the specifications
59,191.77$
2,182.19$
10.50$
TOTAL PURCHASE PRICE 825,149.21$
PLEASE NOTE THE FOLLOWING ABOUT THIS QUOTATION:
Payment options are available and are included under separate cover. One of these options
may save your department a significant amount of money!
749,216.00$
21,821.00$
Customers price after discount with contingency 763,764.75$
The undersigned is prepared to provide for you, upon an order being placed by you, for final
acceptance by South Coast Fire Equipment, Inc., at its corporate office in Ontario, California, the
apparatus and equipment herein named and for the following prices:
Each
5%36,369.75$
PROPOSAL FOR FURNISHING FIRE APPARATUS
December 3, 2019
HUNTINGTON BEACH FIRE DEPARTMENT
2000 Main Street
Huntington Beach, CA. 92648
132
133
City of Huntington Beach
File #:19-1193 MEETING DATE:12/16/2019
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Oliver Chi, City Manager
PREPARED BY:Tom Herbel PE, Acting Director of Public Works
Subject:
Accept Certain (Water Quality) Park Improvements and Accept a Guarantee and Warranty
Bond for the LeBard Redevelopment Project (Tract 17801) at 20461 Craimer Lane
Statement of Issue:
HB Homes Management, LLC, the developer of the LeBard Redevelopment Project (Tract 17801),
has completed certain required park improvements (detention basin and water quality swale) and is
now requesting the City’s acceptance of said improvements with their submittal of a Guarantee and
Warranty Bond.
Financial Impact:
Not Applicable.
Recommended Action:
A) Accept certain park improvements (detention basin and water quality swale) for the LeBard
Redevelopment Project (Tract 17801) and instruct the City Clerk to record the Acceptance of Public
Park Improvements (Tract 17801) form (Attachment 2) with the Orange County Recorder; and,
B) Accept Guarantee and Warranty Bond No.36K012696 (Attachment 3); the security furnished for
guarantee and warranty of certain park improvements (detention basin and water quality swale), and
instruct the City Clerk to file the bond with the City Treasurer; and,
C) Instruct the City Clerk to notify the developer, HB Homes Management, LLC, of this action, and
the City Treasurer to notify the Surety, the Ohio Casualty Insurance Company, of this action.
Alternative Action(s):
Deny the recommended actions. Denying the recommended actions may violate the Subdivision
Map Act whereby:
Section 66499.9 of the State of California Government Code, requires the guarantee and warranty of
the work for a period of one year following completion and acceptance of the improvement(s), against
any defective work, labor and materials furnished. Denying the acceptance of the Guarantee and
Warranty Bond may place undue burden and costs upon the City for correcting any defective work,
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Warranty Bond may place undue burden and costs upon the City for correcting any defective work,
labor and material provided by the subdivider.
Analysis:
On February 4, 2019, the City approved and executed an Easement, Construction and Maintenance
Agreement Regarding Tract Map No. 17801 (Attachment 4), wherein the developer agreed to
construction of a detention basin and a water quality swale that will serve the LeBard Redevelopment
Project (Tract 17801) at 20461 Craimer Lane. This agreement requires said park improvements be
constructed, accepted by the City, and secured by a one-year guarantee and warranty bond prior to
issuance of the first grading permit for the project-related residential subdivision.
Staff has determined that certain park improvements (detention basin and water quality swale) have
been constructed in substantial compliance with the approved plans and specifications, and
recommends acceptance of these improvements.
A Guarantee and Warranty Bond is also being submitted for City Council acceptance, as a surety
against all defects in workmanship and materials for a one-year period beginning on the date of the
City’s acceptance.
PROJECT DATA:
DEVELOPER: HB Homes Management, LLC, 9140 Trask Avenue, Suite 202, Garden Grove, CA
92844
ENGINEER: Thanh Nguyen, HD Engineering, Inc., 9392 Meridian Lane, Garden Grove, CA
92841
SURETY: The Ohio Casualty Insurance Company, 2710 Gateway Oaks Drive, Suite 150N,
Sacramento, CA 95833-3505
Public Works Commission Action: Not required.
Environmental Status:
The recommended actions are ministerial acts, and are exempt from the requirements of the
California Environmental Quality Act, pursuant to State CEQA Guidelines, California Administrative
Code, Title 14, Chapter 3, Section 15268(b).
Strategic Plan Goal:
Enhance and maintain infrastructure
Attachment(s):
1. Location Map
2. Acceptance of Public Park Improvements (Tract 17801)
3. Guarantee and Warranty Bond No.36K012696
4. Executed Easement, Construction and Maintenance Agreement Regarding Tract Map No.
17801
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City of Huntington Beach
File #:19-1225 MEETING DATE:12/16/2019
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Oliver Chi, City Manager
PREPARED BY:Chris Slama, Director of Community Services
Subject:
Approve the issuance of a Temporary Permit for Wagner Charters to conduct harbor tours as
recommended by the Harbor Commission
Statement of Issue:
Based on the recommendation by the Harbor Commission, the City Council is asked to approve the
issuance of a temporary permit for Wagner Charters to conduct harbor tours.
Financial Impact:
Not applicable.
Recommended Action:
Approve the issuance of a temporary Dock access permit to Wagner Charters for the operation of
holiday harbor tours through January 31, 2020, so long as they are able to meet the City’s insurance
requirements and ensure their use of the Dock will not negatively impact any currently scheduled
activities (including events at the Huntington Harbor Yacht Club and the Harbor Cruise of Lights
event). Additionally, should another private commercial entity request a Dock access permit prior to a
final decision by the City Council on this matter, the City Council supports the staff recommendation
that no other private commercial Dock access permits should be issued until final regulations
regarding commercial permits for the Dock are adopted by the City Council.
Alternative Action(s):
Do not approve the recommended action and direct staff accordingly.
Analysis:
There currently exists one public dock in Huntington Harbour (Dock), located adjacent to the
Huntington Harbour Yacht Club at 3821 Warner Avenue. Historically, the City has never had a formal
and comprehensive process for the issuance of permits to allow for private commercial business use
of the Dock. Given that factor, when the City was approached by a company called Prince Charters
requesting utilization of the Dock for operation of their private charter tour boat business, the City in
2017 did issue a permit.
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Subsequent to the issuance of that permit, it has been observed by City staff that private commercial
operators have been utilizing the Dock without a permit. A gondola operator was asked to cease
operations from the Dock a few years ago, as was a private charter fishing boat operator called
Wagner Charters.
From a regulatory perspective, the City’s Municipal Code is very clear on two points regarding
commercial operations in the Huntington Harbour, with those points being 1) A permit is required for
any commercial operation in the Harbor; and 2) Fishing charters are prohibited from operating in the
Harbor.
13.32.040 Permit for Commercial Activities Required
A.No person shall engage in or carry on any commercial activity on the waters of harbors within
the City without first having applied for and obtained a permit for such activity from the director.
B.Exceptions. The requirement to obtain a commercial activity permit is not applicable to persons
operating commercial fishing vessels or private vessels chartered primarily for use outside
harbors within the City. Said activity shall be prohibited and considered a violation of this
chapter and zoning regulations. (2374-7/79)
Given these factors, when it was discovered that a gondola operator and Wagner Charters were
operating in the Huntington Harbour without a permit, staff contacted both entities and requested that
they cease operations. In addition, the City Attorney’s office also issued a cease and desist letter to
Wagner Charters requesting that they stop operating in Huntington Harbour without a permit.
Of note, after receiving the cease and desist letter from the City Attorney, the owner of Wagner
Charters reached out to City, and sent the following email.
“Currently ‘Wagner Charters’ functions as a commercial four person fishing charter. I
have been researching the possibility of providing harbor boat tours as an additional
business opportunity, but my research at this point seems to indicate that there is no
public interest in touring the harbor in a small craft when larger vessels dedicated to this
purpose and duffy boats rentals are available.
Our clients are primarily from out of state, here on business or pleasure. They normally
choose to stay in Huntington Beach, which allows them to squeeze in a quick day of
deep sea fishing and viewing sea life, before resuming their activities elsewhere in
state. Touring the harbor doesn’t seem to provide enough excitement for them.
Wagner Charters is current with Coast Guard credentials, commercial permits and
business license for fishing, but has not operated as a harbor tour vessel. Being the
optimist that I am I haven’t given up on the possibility of harbor tours generating
additional business. With that said, can you tell me what the requirements, and or
restrictions, are for obtaining city permit or contract to operate as harbor tour service
using a city dock?”
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Given the fact that the City had previously issued Prince Charters a permit to use the Dock, coupled
with the additional request by Wagner Charters, it was clear that the City lacked a formal defined
process regarding permit issuance practices and requirements for commercial use of the Dock. In
addition, staff had also heard and identified parking lot and boat access concerns related to how
increased commercial Dock usage might impact the operations at the Huntington Harbour Yacht
Club.
Based on these factors, staff made the decision to temporarily cease the issuance of any new
permits so as to provide the City and the Harbor Commission the time needed to research and
review options related to access of the Dock moving ahead.
HARBOR COMMISSION REVIEW
As part of the Dock permit process review, on September 26, 2019, staff informed the Harbor
Commission that there would be a temporary moratorium on the issuance of any new permits for
commercial operations in the Harbor, and also asked for the creation of a subcommittee of the
Harbor Commission to assist with the overall review. The approach that was presented included
having the subcommittee bring back any recommendations to the full Harbor Commission, and that
ultimately, the City Council would review and approve of any Dock permitting process moving ahead.
After hearing the proposal, the Harbor Commission concurred with the approach identified by staff,
and formed a subcommittee to review Dock permitting issues, with the first meeting of the
subcommittee held on October 29, 2019.
Prior to that subcommittee meeting, at the Harbor Commission’s October 24, 2019, meeting,
representatives from Wagner Charters attended and indicated an interest in obtaining a permit to
utilize the Dock for the purpose of providing tours of Huntington Harbor. Staff reminded the Harbor
Commission that evening that the City had placed a temporary moratorium on the issuance of any
permits, and that the subcommittee would be meeting to discuss the matter the following week.
SUBCOMMITTEE REVIEW
The subcommittee met on October 29, 2019, and during their meeting, worked to address the
following questions.
§Should the City issue permits for commercial use of the Dock?
o There is no question that legally the City is able to issue permits for commercial
operations at the Dock, unless they are fishing charters. The question for the
subcommittee to discuss is, in light of multiple requests, should the City continue to
issue commercial permits for what is potentially limited space?
§If yes, then
o 1 What should the process be for selecting the businesses that would be allowed to
operate?
o 2 Should there be blackout dates in deference to high demand activities at the
Huntington Harbour Yacht Club and for special events (like the Philharmonic Cruise of
Lights)?
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o 3 Should the City receive a percentage of revenue as is the case with other
commercial use of public property?
o 4) Who would be charged with monitoring the use?
o 5) Are there any perceived safety issues?
o 6) Are there any changes that would be needed to the current municipal code?
§If no, then what would the City’s rationale be for a recommendation to not allow any further
commercial use of the Dock?
At the meeting, the subcommittee determined that they needed further information before they could
bring forward a recommendation for the full Harbor Commission to consider. To that end, staff was
asked to reach out to other harbors (such as Newport Beach, Long Beach and Dana Point) to see
what their policies were for commercial use of public docks. In addition, Commissioner Milligan (who
is on the subcommittee) planned to bring back an annual calendar of events at the Huntington
Harbour Yacht Club where use of the Dock, and potentially the parking lot, could be problematic.
Based on this identified listing of next steps, the subcommittee agreed to meet next in mid-December
2019, with the intent of formulating a recommendation regarding the issuance of commercial permits
for the Dock in time for full Harbor Commission consideration at their January meeting.
REQUEST FOR A SPECIAL HARBOR COMMISSION MEETING
After discussing the various options available moving ahead, Chair Larkin requested that the Harbor
Commission reconsider their prior support for the staff’s decision to place a moratorium on the
issuance of Dock permits, and further, that the Harbor Commission also consider whether or not the
City should issue a limited and temporary permit to allow Wagner Charters the ability to use the Dock
through January 31, 2020, for the provision of private harbor tours during the holiday season. The
City Attorney has also weighed in on this particular matter, and a memorandum drafted by the City
Attorney’s Office containing a legal review of the matter has been included as an attachment to this
report.
ANALYSIS
Based on the request by Chair Larkin, staff reassessed the overall situation, and continued to believe
that there is merit in waiting to issue any further permits for commercial use of the Dock until the
current assessment processes being conducted is completed. Among the reasons that have been
identified that support the current permit issuance moratorium include the following:
§Coordination issues with the Huntington Harbour Yacht Club, especially given the special
events and activities that occur during the holiday season, as well as their other high demand
activities throughout the year.
§Concerns regarding a lack of process, fairness, and equity, in the event that another private
operator requests a permit for use of the Dock prior to finalizing any new procedures.
§Managing logistical / administrative considerations, including oversight of use and risk
management / insurance coverage provisions.
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Conversely, as has been noted previously, the City has an inconsistent history when it comes to
managing private access / use of the Dock. In particular, the City has already issued a permit for one
charter boat operator (Prince Charters), and the argument has been made by Chair Larkin that it
would be more equitable to issue a limited and temporary permit (which would expire January 31,
2020) that allows Wagner Charters to access the Dock for the provision of holiday harbor tours, while
the City works to finalize development of a long-term permitting process. A few additional arguments
that have been made by Chair Larkin in support of that particular position include the following:
§To date, outside of Prince Charters and Wagner Charters, the City has not been approached
by any other charter boat operator seeking use of the Dock.
§Although not verified by the Huntington Harbour Yacht Club, Prince Charters appears to have
been able to coordinate access and use of the Dock without creating negative impacts. Given
that factor, and the current Dock configuration, the opinion has been shared that adding one
additional charter operator for a limited period of time could potentially be facilitated.
§Issuing a limited-term, temporary permit that contains substantive operating regulations would
allow a middle-ground approach while the City determines what our long-term Dock permitting
decisions / processes will be moving ahead.
After direction from the City Manager, a special Harbor Commission meeting per Chair Larkin’s
request was subsequently scheduled for December 11, 2019 and posted publicly on December 9,
2019. At the December 11, 2019 Commission meeting, Commission approved to recommend that
City Council authorize the issuance of a temporary permit to Wagner Charters.
Environmental Status:
Not applicable.
Strategic Plan Goal:
Strengthen long-term financial and economic sustainability
Attachment(s):
1. Calling for a Special Harbor Commission Meeting - Memorandum dated December 11, 2019
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City of Huntington Beach
Memorandum
TO: HUNTINGTON BEACH HARBOR COMMISSION
FROM: OLIVER CHI, CITY MANAGER
CHRIS SLAMA, DIRECTOR OF COMMUNITY SERVICES
DATE: DECEMBER 11, 2019
SUBJECT: CALLING FOR A SPECIAL HARBOR COMMISSION MEETING TO
CONSIDER THE ISSUANCE OF A TEMPORARY PERMIT FOR WAGNER
CHARTERS TO CONDUCT HARBOR TOURS
BACKGROUND
There currently exists one public dock in Huntington Harbour (Dock), located adjacent to the
Huntington Harbour Yacht Club at 3821 Warner Avenue. Historically, the City has never had a
formal and comprehensive process for the issuance of permits to allow for private commercial
business use of the Dock. Given that factor, when the City was approached by a company
called Prince Charters requesting utilization of the Dock for operation of their private charter tour
boat business, the City in 2017 did issue a permit.
Subsequent to the issuance of that permit, it has been observed by City staff that private
commercial operators have been utilizing the Dock without a permit. A gondola operator was
asked to cease operations from the Dock a few years ago, as was a private charter fishing boat
operator called Wagner Charters.
From a regulatory perspective, the City’s Municipal Code is very clear on two points regarding
commercial operations in the Huntington Harbour, with those points being 1) A permit is
required for any commercial operation in the Harbor; and 2) Fishing charters are prohibited from
operating in the Harbor.
13.32.040 Permit for Commercial Activities Required
A. No person shall engage in or carry on any commercial activity on the waters of
harbors within the City without first having applied for and obtained a permit for
such activity from the director.
B. Exceptions. The requirement to obtain a commercial activity permit is not
applicable to persons operating commercial fishing vessels or private vessels
chartered primarily for use outside harbors within the City. Said activity shall be
prohibited and considered a violation of this chapter and zoning regulations.
(2374-7/79)
Given these factors, when it was discovered that a gondola operator and Wagner Charters were
operating in the Huntington Harbour without a permit, staff contacted both entities and
requested that they cease operations. In addition, the City Attorney’s office also issued a cease
and desist letter to Wagner Charters requesting that they stop operating in Huntington Harbour
without a permit.
173
Of note, after receiving the cease and desist letter from the City Attorney, the owner of Wagner
Charters reached out to City, and sent the following email.
“Currently ‘Wagner Charters’ functions as a commercial four person fishing
charter. I have been researching the possibility of providing harbor boat tours as
an additional business opportunity, but my research at this point seems to
indicate that there is no public interest in touring the harbor in a small craft when
larger vessels dedicated to this purpose and duffy boats rentals are available.
Our clients are primarily from out of state, here on business or pleasure. They
normally choose to stay in Huntington Beach, which allows them to squeeze in a
quick day of deep sea fishing and viewing sea life, before resuming their activities
elsewhere in state. Touring the harbor doesn’t seem to provide enough
excitement for them. Wagner Charters is current with Coast Guard credentials,
commercial permits and business license for fishing, but has not operated as a
harbor tour vessel. Being the optimist that I am I haven’t given up on the
possibility of harbor tours generating additional business. With that said, can you
tell me what the requirements, and or restrictions, are for obtaining city permit or
contract to operate as harbor tour service using a city dock?”
Given the fact that the City had previously issued Prince Charters a permit to use the Dock,
coupled with the additional request by Wagner Charters, it was clear that the City lacked a
formal defined process regarding permit issuance practices and requirements for commercial
use of the Dock. In addition, staff had also heard and identified parking lot and boat access
concerns related to how increased commercial Dock usage might impact the operations at the
Huntington Harbour Yacht Club.
Based on these factors, staff made the decision to temporarily cease the issuance of any new
permits so as to provide the City and the Harbor Commission the time needed to research and
review options related to access of the Dock moving ahead.
HARBOR COMMISSION REVIEW
As part of the Dock permit process review, on September 26, 2019, staff informed the Harbor
Commission that there would be a temporary moratorium on the issuance of any new permits
for commercial operations in the Harbor, and also asked for the creation of a subcommittee of
the Harbor Commission to assist with the overall review. The approach that was presented
included having the subcommittee bring back any recommendations to the full Harbor
Commission, and that ultimately, the City Council would review and approve of any Dock
permitting process moving ahead.
After hearing the proposal, the Harbor Commission concurred with the approach identified by
staff, and formed a subcommittee to review Dock permitting issues, with the first meeting of the
subcommittee held on October 29, 2019.
Prior to that subcommittee meeting, at the Harbor Commission’s October 24, 2019, meeting,
representatives from Wagner Charters attended and indicated an interest in obtaining a permit
to utilize the Dock for the purpose of providing tours of Huntington Harbor. Staff reminded the
Harbor Commission that evening that the City had placed a temporary moratorium on the
issuance of any permits, and that the subcommittee would be meeting to discuss the matter the
following week.
174
SUBCOMMITTEE REVIEW
The subcommittee met on October 29, 2019, and during their meeting, worked to address the
following questions.
Should the City issue permits for commercial use of the Dock?
o There is no question that legally the City is able to issue permits for commercial
operations at the Dock, unless they are fishing charters. The question for the
subcommittee to discuss is, in light of multiple requests, should the City continue
to issue commercial permits for what is potentially limited space?
If yes, then
o 1) What should the process be for selecting the businesses that would be
allowed to operate;
o 2) Should there be blackout dates in deference to high demand activities at the
Huntington Harbour Yacht Club and for special events (like the Philharmonic
Cruise of Lights);
o 3) Should the City receive a percentage of revenue as is the case with other
commercial use of public property;
o 4) Who would be charged with monitoring the use;
o 5) Are there any perceived safety issues;
o 6) Are there any changes that would be needed to the current municipal code?
If no, then what would the City’s rationale be for a recommendation to not allow any
further commercial use of the Dock?
At the meeting, the subcommittee determined that they needed further information before they
could bring forward a recommendation for the full Harbor Commission to consider. To that end,
staff was asked to reach out to other harbors (such as Newport Beach, Long Beach and Dana
Point) to see what their policies were for commercial use of public docks. In addition,
Commissioner Milligan (who is on the subcommittee) planned to bring back an annual calendar
of events at the Huntington Harbour Yacht Club where use of the Dock, and potentially the
parking lot, could be problematic.
Based on this identified listing of next steps, the subcommittee agreed to meet next in mid-
December 2019, with the intent of formulating a recommendation regarding the issuance of
commercial permits for the Dock in time for full Harbor Commission consideration at their
January meeting.
REQUEST FOR A SPECIAL HARBOR COMMISSION MEETING
Due to the Christmas holiday, the Harbor Commission is dark in the month of December.
However, for the past few weeks, Harbor Commission Chair Larkin has asked that staff
reconsider the current moratorium on issuance of Dock usage permits for commercial operators,
and to consider issuing a limited and temporary permit allowing Wagner Charters to use the
Dock to provide harbor tours during the holidays.
After discussing the various options available moving ahead, Chair Larkin has requested that
the Harbor Commission reconsider their prior support for the staff’s decision to place a
moratorium on the issuance of Dock permits, and further, that the Harbor Commission also
consider whether or not the City should issue a limited and temporary permit to allow Wagner
Charters the ability to use the Dock through January 31, 2020, for the provision of private harbor
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tours during the holiday season. The City Attorney has also weighed in on this particular matter,
and a memorandum drafted by the City Attorney’s Office containing a legal review of the matter
has been included as an attachment to this memorandum.
Also of note, given that there does not currently exist a formally adopted City process for
issuance of a permit to use the Dock for commercial purposes, after this matter is reviewed by
the Harbor Commission, if necessary, the matter should be forwarded on for City Council
consideration.
ANALYSIS
Based on the request by Chair Larkin, staff has reassessed the overall situation, and continues
to believe that there is merit in waiting to issue any further permits for commercial use of the
Dock until the current assessment processes being conducted is completed. Among the
reasons that have been identified that support the current permit issuance moratorium include
the following:
Coordination issues with the Huntington Harbour Yacht Club, especially given the
special events and activities that occur during the holiday season, as well as their other
high demand activities throughout the year.
Concerns regarding a lack of process, fairness, and equity, in the event that another
private operator requests a permit for use of the Dock prior to finalizing any new
procedures.
Managing logistical / administrative considerations, including oversight of use and risk
management / insurance coverage provisions.
Conversely, as has been noted previously, the City has an uneven history when it comes to
managing private access / use of the Dock. In particular, the City has already issued a permit
for one charter boat operator (Prince Charters), and the argument has been made by Chair
Larkin that it would be more equitable to issue a limited and temporary permit (which would
expire January 31, 2020) that allows Wagner Charters to access the Dock for the provision of
holiday harbor tours, while the City works to finalize development of a long-term permitting
process. A few additional arguments that have been made by Chair Larkin in support of that
particular position include the following:
To date, outside of Prince Charters and Wagner Charters, the City has not been
approached by any other charter boat operator seeking use of the Dock.
Although not verified by the Huntington Harbour Yacht Club, Prince Charters appears to
have been able to coordinate access and use of the Dock without creating negative
impacts. Given that factor, and the current Dock configuration, the opinion has been
shared that adding one additional charter operator for a limited period of time could
potentially be facilitated.
Issuing a limited-term, temporary permit that contains substantive operating regulations
would allow a middle-ground approach while the City determines what our long-term
Dock permitting decisions / processes will be moving ahead.
HARBOR COMMISSION OPTIONS
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While staff does believe that the current moratorium on the issuance of Dock access permits for
commercial entities is appropriate, Chair Larkin has asked that the City revisit this particular
issue. To that end, staff is now seeking the Harbor Commission’s recommendation regarding
the issuance of a temporary permit allowing Wagner Charters the use of the Dock for harbor
tours through January 31, 2020. Also, given that there does not currently exist an adopted City
process for issuance of a permit to use the Dock for commercial purposes, staff believes that it
would be most appropriate for this matter to ultimately be decided by the City Council.
The staff-identified options currently available to the Harbor Commission are as follows:
1. The Harbor Commission recommends that the City Council deny the issuance of a
temporary permit allowing Wagner Charters the use of the Dock for holiday harbor tours
through January 31, 2020, and reaffirms a commitment to the subcommittee work
currently being coordinated to develop recommendations regarding a Dock permitting
process for eventual City Council consideration. Furthermore, the Harbor Commission
supports the staff recommendation to hold off on the issuance of any other private
commercial Dock access permits until a final decision on the matter is made by the City
Council.
2. The Harbor Commission recommends that the City Council issue a temporary Dock
access permit to Wagner Charters for the operation of holiday harbor tours through
January 31, 2020, so long as they are able to meet the City’s insurance requirements
and ensure their use of the Dock will not negatively impact any currently scheduled
activities (including events at the Huntington Harbor Yacht Club and the Harbor Cruise of
Lights event). Additionally, should another private commercial entity request a Dock
access permit prior to a final decision by the City Council on this matter, the Harbor
Commission supports the staff recommendation that no other private commercial Dock
access permits should be issued until a final permitting process is adopted by the City
Council. This action has been identified as a reasonable approach to any future
situations, given that the proposed permanent Dock access permitting process should
be finalized in Q1-2020.
3. Provide staff with alternative recommendations regarding Dock permitting processes.
After receiving direction from the Harbor Commission, if necessary, staff will forward the
recommended action to the full City Council for review on December 16, 2019.
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City of Huntington Beach
File #:19-1146 MEETING DATE:12/16/2019
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Oliver Chi, City Manager
PREPARED BY:Tom Herbel PE, Acting Director of Public Works
Subject:
Adopt Resolution No. 2019-74 approving submittal of a grant application associated with an
improvement project on Bolsa Chica Street to the Orange County Transportation Authority
(OCTA) for funding under the Comprehensive Transportation Funding Program (CTFP)
Statement of Issue:
Adoption of a resolution is required for the submittal of a project grant application to the Orange
County Transportation Authority (OCTA) for funding under the Comprehensive Transportation
Funding Program (CTFP). The subject grant application is for a traffic signal synchronization project
along Bolsa Chica Street.
Financial Impact:
No funding is required for this action. If the project team is successful in receiving this grant from
OCTA, the City will be responsible for up to $130,800 as our share of the local matching funds. A
separate City Council action will be required at that time with a request for allocation of matching
funds from the City’s Air Quality Management District Fund.
Recommended Action:
Adopt Resolution No. 2019-74, “A Resolution to the City Council of the City of Huntington Beach
Approving the Submittal of an Improvement Project to the Orange County Transportation Authority for
funding under the Comprehensive Transportation Funding Program.”
Alternative Action(s):
Deny approval of the project listed in the resolution and forego eligibility to receive grant funds for this
project through the CTFP.
Analysis:
On August 15, 2019, the Orange County Transportation Authority (OCTA) announced a call for
projects for the Comprehensive Transportation Funding Program (CTFP), Regional Traffic Signal
Synchronization Program. This program funds improvements for inter-jurisdictional (multiple agency)
traffic signal coordination. These projects are competitive with other submittals within Orange
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County. As a condition of eligibility, all participating agencies are required to adopt a resolution
approving the submittal of the application for CTFP funding. In general, the resolution declares the
City’s desire to implement the submitted project, as well as an affirmation to follow the CTFP
procedures, should funding be approved and allocated.
An application was submitted to OCTA for a Regional Traffic Signal Synchronization Program project
on Valley View Street / Bolsa Chica Street from Chapman Avenue in Garden Grove to Warner
Avenue in Huntington Beach, in conjunction with Caltrans and the Cities of Garden Grove and
Westminster.
The overall project cost is estimated at $1,871,400 with $654,000 of work within the City of
Huntington Beach. An OCTA grant in the amount of $1,497,120 has been requested with the City of
Huntington Beach portion of the matching funds in the amount of $130,800. Each of the other
agencies will contribute a share of the total matching funds proportionate to the value of the work in
their jurisdiction.
This project will provide operational and infrastructure improvements at 22 signalized intersections
along Valley View Street / Bolsa Chica Street from Chapman Avenue in Garden Grove to Warner
Avenue in Huntington Beach. The City of Huntington Beach will be the lead agency and manage this
project with participation by the State of California Department of Transportation and the Cities of
Garden Grove and Westminster. As a first stage, equipment upgrades will be installed in order to
facilitate improved operations and communications along the corridor, including the installation of
fiber optic communication cable and new traffic signal controllers within the City of Huntington Beach.
These improvements are consistent with the City’s Traffic Signal System Master Plan and will allow
for faster and improved communications with the traffic signal system master at City Hall. The
second stage of this project will be the development of new coordinated traffic signal timing which will
reduce stops and delays along the corridor.
Environmental Status:
This project is categorically exempt pursuant to the California Environmental Quality Act, Section
15303 (c).
Strategic Plan Goal:
Enhance and maintain infrastructure
Attachment(s):
1. Location Map
2. Resolution No. 2019-74, “A Resolution to the City Council of the City of Huntington Beach
Approving the Submittal of an Improvement Project to the Orange County Transportation Authority
for funding under the Comprehensive Transportation Funding Program”
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City of Huntington Beach
File #:19-1155 MEETING DATE:12/16/2019
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Oliver Chi, City Manager
PREPARED BY:Chris Slama, Director of Community Services
Subject:
Adopt Resolution No. 2019-80, 2019-81, 2019-82, 2019-83, 2019-84, 2019-85 and 2019-86
requesting authorization by the City of Huntington Beach and approval from California
Department of Transportation (Caltrans) for temporary closure of streets for certain special
events in 2020
Statement of Issue:
The California Department of Transportation (Caltrans) requires an approved City Council resolution
to close Pacific Coast Highway from Beach Boulevard to Warner Avenue, the first block of Main
Street, 5th Street, and 12th Street in Sunset Beach for certain special events in 2020.
Financial Impact:
Not applicable
Recommended Action:
A) Adopt Resolution No. 2019-80, “A Resolution of the City Council of the City of Huntington Beach
Authorizing the Closing of Main Street and 5th Street to Vehicular Traffic for Certain Special Events;”
and,
B) Adopt Resolution No. 2019-81, “A Resolution of the City Council of the City of Huntington Beach
Approving the Temporary Closure of 12th Street in Sunset Beach for the Annual Sunset Beach Art
Festival and Halloween Party;” and,
C) Adopt Resolution No. 2019-82, “A Resolution of the City Council of the City of Huntington Beach
Requesting Caltrans Approve the Closing of Pacific Coast Highway and Certain Ingress and Egress
for the Surf City USA Marathon Run;” and,
D) Adopt Resolution No. 2019-83, “A Resolution of the City Council of the City of Huntington Beach
Approving the Temporary Closure of Portions of Goldenwest Street, Garfield Avenue, Huntington
Street, Twin Dolphin Drive, Edwards Street, Ellis Avenue, Talbert Avenue, Seapoint Street, Inlet
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Drive, Overlook Drive, Summit Drive, Varsity Drive, Main Street, Walnut Avenue, and Central Park
Drive for the Surf City USA 20 Marathon Run;” and,
E) Adopt Resolution No. 2019-84, “A Resolution of the City Council of the City of Huntington Beach
Requesting Caltrans Approve the Closing of Pacific Coast Highway and Certain Ingress and Egress
Within the City of Huntington Beach for the Annual Surf City 10 Sundown Run;” and,
F) Adopt Resolution No. 2019-85, “A Resolution of the City Council of the City of Huntington Beach
Requesting Caltrans Approve the Closing of Pacific Coast Highway for the Huntington Beach Fourth
of July Parade and Fireworks;” and,
G) Adopt Resolution No. 2019-86, “A Resolution of the City Council of the City of Huntington Beach
Authorizing Street Closures for the Fourth of July.”
Alternative Action(s):
Do not adopt resolutions and direct staff accordingly.
Analysis:
Certain special events require the closure of portions of Main Street and 5th Street in the downtown
area in the interest of public safety, crowd access, and event operation. Caltrans requires a City
Council Resolution (Attachment 1) declaring the city’s intention to close the first block of Main Street
and 5th Street in order to issue a permit for the closures. A Caltrans permit is needed for these
locations because Pacific Coast Highway is a state highway with turn pockets onto Main Street and 5
th Street.
Events occurring in 2020, which require closure of Main Street and 5th Street in downtown Huntington
Beach include: Wavecrest Beach Cruiser Meet, California Cruise In, Chili at the Beach, 4th of July
Block Party, Surfing Walk of Fame Induction, Surf City Days, HB Air Show Displays, Halloween
Activities, and Light a Light of Love. Additional events may be added at a later date.
Other street closures that require a resolution for a Caltrans permit is for the closure of 12 th Street in
Sunset Beach for the annual Sunset Beach Art Festival and Halloween Party (Attachment 2).
Caltrans also requires a resolution for the closure of Pacific Coast Highway from Beach Boulevard to
Warner Avenue for the Surf City USA Marathon Run (Attachments 3) and the Surf City 10 Sundown
Run (Attachment 5). Attachment 4 authorizes the temporary closure of portions of local streets along
the Marathon’s course. While there is some impact on city residents, extensive notification is done to
minimize inconvenience. All streets are reopened as soon as public safety permits.
Also included, are road closure resolutions for the 2020 Fourth of July parade, fireworks and
celebration events (Attachments 6 and 7). These closures remain unchanged from the 2020 event.
Environmental Status:
Not applicable.
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Strategic Plan Goal:
Enhance and modernize public safety service delivery
Attachment(s):
1. Resolution No. 2019-80, “A Resolution of the City Council of the City of Huntington Beach
authorizing the closing of Main Street and 5th Street to vehicular traffic for certain special events.”
2. Resolution No. 2019-81, “A Resolution of the City Council of the City of Huntington Beach
approving the temporary closure of 12th Street in Sunset Beach for the Annual Sunset Beach Art
Festival and Halloween Party.”
3. Resolution No. 2019-82, “A Resolution of the City Council of the City of Huntington Beach
requesting Caltrans approve the closing of Pacific Coast Highway and certain ingress and egress
for the Surf City USA Marathon Run.”
4. Resolution No. 2019-83, “A Resolution of the City Council of the City of Huntington Beach
approving the temporary closure of portions of Goldenwest Street, Garfield Avenue, Huntington
Street, Twin Dolphin Drive, Edwards Street, Ellis Avenue, Talbert Avenue, Seapoint Street, Inlet
Drive, Overlook Drive, Summit Drive, Varsity Drive, Main Street, Walnut Avenue, and Central Park
Drive for the Surf City USA 20 Marathon Run.”
5. Resolution No. 2019-84, “A Resolution of the City Council of the City of Huntington Beach
requesting Caltrans approve the closing of Pacific Coast Highway and certain ingress and egress
within the City of Huntington Beach for the Annual Surf City 10 Sundown Run.”
6. Resolution No. 2019-85, “A Resolution of the City Council of the City of Huntington Beach
requesting Caltrans approve the closing of Pacific Coast Highway for the Huntington Beach
Fourth of July Parade and Fireworks.”
7. Resolution No. 2019-86, “A Resolution of the City Council of the City of Huntington Beach
authorizing street closures for the Fourth of July.”
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City of Huntington Beach
File #:19-1166 MEETING DATE:12/16/2019
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Oliver Chi, City Manager
PREPARED BY:Tom Herbel, PE, Acting Director of Public Works
Subject:
Adopt Resolution No. 2019-90 removing Jereva Circle from Residential Permit Parking District
“J”
Statement of Issue:
Residents on Jereva Circle have petitioned to be removed from Residential Permit Parking District “J”
in accordance with the procedures identified in the Municipal Code. City Council approval is required
to amend the existing permit parking district to remove Jereva Circle from the district.
Financial Impact:
The cost of removal of a street from a current parking district is minimal and can be accomplished
within the Public Works operational budget in General Fund business unit 10085302.
Recommended Action:
Adopt Resolution No. 2019-90, “A Resolution of the City Council of the City of Huntington Beach
Removing Jereva Circle from Residential Permit Parking District “J.”
Alternative Action(s):
Deny the recommended action.
Analysis:
On January 22, 2008, City Council adopted Resolution No. 2008-02 creating Residential Permit
Parking District “J” consisting of the following streets: Ballantine Lane between Edinger Avenue and
Reubens Drive, Bellinger Drive between Ballantine Lane and Hilton Lane, Hilton Lane between
Bellinger Drive and Flint Drive, Flint Drive between Hilton Lane and Ballantine Lane, and Jereva
Circle north of Flint Drive. The parking district is located south of Edinger Avenue and west of
Edwards Street (Attachment 1).
The Public Works Department received a petition from residents on Jereva Circle requesting to be
removed from Residential Permit Parking District “J”. Huntington Beach Municipal Code (HBMC)
Chapter 10.42, Permit Parking Districts, allows residents to request removal of permit parking by a
simple majority vote of the affected property units. Establishment of a district requires 75% support.
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Therefore, a simple majority requirement was adopted to demonstrate a substantial shift in the
support for the permit parking district by the residents. The affected area is shown on Attachment 2.
As required by HBMC Chapter 10.42, staff sent ballots to the requesting properties to vote on the
proposal. Four of the six properties voted in favor to remove Jereva Circle from Residential Permit
Parking District “J”. The majority of residents voted in favor of removing permit parking due to being
unaffected by outside commuter vehicle parking and the inconvenience of obtaining regular and
temporary parking permits for themselves and guests. Staff finds that the residents have met the
requirements of the Municipal Code, which requires a simple majority vote, with 67% of the affected
addresses supporting the request which is sufficient for City Council consideration.
Public Works Commission Action:
None required.
Environmental Status:
The project is categorically exempt from CEQA.
Strategic Plan Goal:
Enhance and maintain public safety.
Attachment(s):
1. Vicinity Map
2. Parking District J Map
3. Resolution No. 2019-90, “A Resolution of the City Council of the City of Huntington Beach
Removing Jereva Circle from Residential Permit Parking District “J”
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City of Huntington Beach
File #:19-1184 MEETING DATE:12/16/2019
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:
Adopt Resolution No. 2019-91 authorizing cancellation of the City Council/Public Financing
Authority regular meeting of January 6, 2020; and, direct the City Clerk to provide notice of
such cancellation
Statement of Issue:
The City Council is being asked to adopt Resolution No. 2019-91 authorizing cancellation of the
January 6, 2020, regular meeting due to the holiday season.
Financial Impact:
Not applicable.
Recommended Action:
Adopt Resolution No. 2019-91, “A Resolution of the City Council of the City of Huntington Beach
Declaring the Cancellation of the City Council and Public Financing Authority Regular Meeting of
January 6, 2020; and Directing the City Clerk to Provide Notice of Such Cancellation.”
Alternative Action(s):
Do not approve the cancellation of the January 6, 2020, regular meeting and direct the City Clerk to
prepare and post an agenda.
Analysis:
In recent times, the City Council/Public Financing Authority has adopted a resolution to cancel the
first regular meeting held in January because of the holiday season. Staff also recognizes a potential
to reduce expenditures and/or staff time should the Council approve cancellation of the meeting. The
City Clerk and the Public Information Office will provide widespread notification of the meeting
cancellation to the public including, but not limited to, informing the press, notification via the City’s
website, social media, and publication in the City Manager’s Newsletter.
Environmental Status:
Not applicable.
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Strategic Plan Goal:
Non-Applicable - Administrative Item
Attachment(s):
1. Resolution No. 2019-91, “A Resolution of the City Council of the City of Huntington Beach
Declaring the Cancellation of the City Council and Public Financing Authority Regular Meeting
of January 6, 2020; and Directing the City Clerk to Provide Notice of Such Cancellation.”
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City of Huntington Beach
File #:19-1188 MEETING DATE:12/16/2019
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:
Adopt Resolution No. 2019-94 extending the appointment of David Segura as Interim Fire Chief
and approving Amendment No. 1 to the Employment Agreement between the City of Huntington
Beach and David Segura
Statement of Issue:
The City is in the process of conducting a nationwide recruitment to fill the Fire Chief vacancy created
by the retirement of the former Fire Chief on July 26, 2019. The City Manager recommends the City
Council extend the appointment of David Segura as Interim Fire Chief until the recruitment process
concludes.
Financial Impact:
No additional appropriation is requested. Funding is included in the FY 2019-20 budget.
Recommended Action:
A) Adopt Resolution No. 2019-94, “A Resolution of the City Council of the City of Huntington Beach
Extending the Appointment of David Segura as Interim Fire Chief;” and,
B) Approve and authorize the City Manager to execute the “Amendment No. 1 to Employment
Agreement Between the City of Huntington Beach and David Segura.”
Alternative Action(s):
Do not adopt this resolution, or approve this employment agreement and direct Staff to present an
alternative solution.
Analysis:
Fire Chief David Segura retired from City service on July 26, 2019. The City Council approved the
appointment of David Segura, on August 19, 20109 as Interim Fire Chief during the time that the City
conducts a nationwide recruitment to fill the vacant position. The City is currently nearing the
completion of the recruitment process and the Interim appointment agreement expires on December
20, 2019. In order to maintain the continuity and integrity of City service with respect to the City’s
overall Fire Department operations, it is recommended that the City Council approve the extension of
the current Interim Fire Chief appointment of David Segura through end of the recruitment process.
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This will require the adoption of Resolution No. 2019-94 and the approval Amendment No. 1 to
Employment Agreement between the City of Huntington Beach and David Segura. CalPERS
requires these approvals for employment of retired annuitants at the Department Head/Executive
level pursuant to Government Code Section 21221(h).
The Office of Human Resources is in the process of a national recruitment for the vacant Fire Chief
position. It is anticipated that the position will be filled by late January or February 2020.
The hourly compensation for the position of Interim Fire Chief is $106.31 with no City-provided
benefits. The interim appointment of Chief Segura is compliant with California Government Code
Section 21221(h).
Environmental Status:
N/A
Strategic Plan Goal:
Enhance and modernize public safety service delivery
Attachment(s):
1. Resolution No. 2019-94,” A Resolution of the City Council of the City of Huntington Beach
Extending the Appointment of David Segura as Interim Fire Chief.”
2. Amendment No. 1 to Employment Agreement between the City of Huntington Beach and
David Segura
3. Employment Agreement Between The City of Huntington Beach and David Segura
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City of Huntington Beach
File #:19-1222 MEETING DATE:12/16/2019
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:
Adopt Resolution Nos. 2019-95, 2019-96, 2019-97, 2019-98 amending the Alternate Dispute
Resolution Agreement language in the Memorandums of Understanding (MOU) with the
Huntington Beach Police Officers’ Association (HBPOA), the Huntington Beach Police
Management Association (HBPMA), the Huntington Beach Firefighters’ Association (HBFA),
and the Huntington Beach Fire Management Association (FMA)
Statement of Issue:
The City of Huntington Beach and the Huntington Beach Police Officers’ Association (HBPOA), the
Huntington Beach Police Management Association (HBPMA), the Huntington Beach Firefighters’
Association (HBFA), and the Huntington Beach Fire Management Association (FMA) agreed to enter
into a side letter updating the Labor Management Alternate Dispute Resolution Agreement pending
City Council approval. The updated language will provide clarity of the process to allow medical
evaluation as it relates to an employee’s eligibility for Industrial Disability Retirement.
Financial Impact:
Funding for employee medical evaluations are currently budgeted in the Human Resources
Department. A reduction in future costs is anticipated with the modified process due to elimination of
duplicative medical opinions processed.
Recommended Action:
A) Adopt Resolution No. 2019-96, “A Resolution of the City Council of the City of Huntington Beach
Amending the Memorandum of Understanding Between the City and the Huntington Beach Police
Officers’ Association (POA), by Adopting the Side Letter of Agreement;” and,
B) Adopt Resolution No. 2019-98, “A Resolution of the City Council of the City of Huntington Beach
Amending the Memorandum of Understanding Between the City and the Huntington Beach Police
Management Association (HBPMA), by Adopting the Side Letter of Agreement;” and,
C) Adopt Resolution No. 2019-97, “A Resolution of the City Council of the City of Huntington Beach
Amending the Memorandum of Understanding Between the City and the Huntington Beach
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Firefighters’ Association (HBFA), by Adopting the Side Letter of Agreement;” and,
D) Adopt Resolution No. 2019-95 “A Resolution of the City Council of the City of Huntington Beach
Amending the Memorandum of Understanding Between the City and the Huntington Beach Fire
Management Association (FMA), by Adopting the Side Letter of Agreement”.
Alternative Action(s):
Do not approve the agreement and provide alternate direction.
Analysis:
The HBPOA, HBPMA, HBFA, and FMA requested that the City evaluate the current practice and
processes that are required to obtain competent medical opinions while utilizing the Alternative
Dispute Resolution Agreement for Workers’ Compensation and the evaluation of the eligibility of
Industrial Disability Retirements.
The Workers Compensation Alternative Dispute Resolution Agreement was implemented with the
following purpose:
1. Provide employees claiming compensable injuries under the Division 4 of the California Labor
Code (“Workers’ Compensation Law”) with an expedited procedure to resolve medial disputes
to facilitate their prompt return to work at either full duties or a transitional duty assignment.
2. Provide retirees claiming a presumptive injury as defined by the California Labor Code section
3212 with an expedited procedure to resolve medial disputes.
3. To reduce the number and the severity of disputes between the City and covered employees,
when those disputes relate to workers’ compensation
4. To provide workers’ compensation coverage in a way that improved labor management
relations, improved organization effectiveness, and reduced costs to the City.
These goals are achieved by utilizing an exclusive list of medical providers to be the sole and
exclusive source of medical evaluation for disputed issued surrounding covered employees in
accordance with California Labor Code Section 3201.7.
The proposed amendments to the Alternative Dispute Resolution Agreement provide a process to
reduce disputes in two areas. First, The City and the HBPOA, HBPMA, HBFA, and FMA will meet and
confer to identify an exclusive list of medical providers that have the expertise to provide the
evaluation and reports required to meet both Government Code requirements for IDR evaluations
and California Labor Code, Workers’ Compensation Law. This is intended to reduce the number and
severity of disputes related to Industrial Disability Retirements (IDR) evaluations and determinations.
Second, The HBPOA, HBPMA, HBFA, and FMA and The City will agree to use the agreed upon
Independent Medical Examiner as defined by Article IV. Medical Providers for disputes in connection
with a workers’ compensation claim and that these reports will be admissible in any dispute
proceeding or hearing involving an injured employee.
With the implementation of the Alternative Dispute Agreement procedures, the City has saved costs
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by expediting medial evaluations and has provided medical evaluations and care in an expedited
manner reducing the number of disputes between City Management and its employees.
Environmental Status:
N/A
Strategic Plan Goal:
Enhance and modernize public safety service delivery
Attachment(s):
1. Resolution No. 2019-96 Amending the Memorandum of Understanding between the City and
the Huntington Beach Police Officers’ Association (POA), and Side Letter of Agreement
2. Resolution No. 2019-98 Amending the Memorandum of Understanding between the City and
the Huntington Beach Police Management Association (HBPMA), and Side Letter of Agreement
3. Resolution No. 2019-97 Amending the Memorandum of Understanding between the City and
the Huntington Beach Firefighters’ Association (HBFA), and Side Letter of Agreement
4. Resolution No. 2019-95 Amending the Memorandum of Understanding between the City and
the Huntington Beach Fire Management Association (FMA), and Side Letter of Agreement
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City of Huntington Beach
File #:19-1125 MEETING DATE:12/16/2019
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 and authorize execution of a contract amendment to Professional Services Contracts
with AESCO, Inc., Leighton Consulting, Inc., and Twining, Inc., for On-Call Material Testing and
Engineering Services
Statement of Issue:
An amendment to the existing on-call professional service contracts with AESCO, Inc., Leighton
Consulting, Inc., and Twining, Inc., is required to increase the contract amount within the existing
three (3) year contract term to meet the needs for various projects throughout the City.
Financial Impact:
The City’s FY 2019/20 Capital Improvement Program (CIP) Budget was adopted and totals $46.6
million (All Funds) for approved projects citywide. Each approved CIP project has a budget
containing sufficient funding for design, environmental, engineering, construction, project
management and other required costs. In addition to CIP, several of the Departments have budgeted
operating funds for these services for various non-CIP related work. Public Works staff estimates that
material testing and engineering services needs for FY 2019/20 will total $600,000. At this level of
expenditures for the three (3) existing professional service contracts, usage for these budgeted
services will be depleted within a few months. Therefore, staff is seeking increases to the not-to-
exceed amounts set forth in the contracts.
Recommended Action:
A) Approve and authorize the Mayor and the City Clerk to execute “Amendment No. 1 to Agreement
Between the City of Huntington Beach and AESCO, Inc. for On-Call Material Testing and Engineering
Services” increasing the contract amount by $350,000, from the original amount of $250,000 to an
amended amount of $600,000; and,
B) Approve and authorize the Mayor and the City Clerk to execute “Amendment No. 1 to Agreement
Between the City of Huntington Beach and Leighton Consulting, Inc.” increasing the contract amount
by $350,000, from the original amount of $250,000 to an amended amount of $600,000; and,
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C) Approve and authorize the Mayor and the City Clerk to execute “Amendment No. 1 to Agreement
Between the City of Huntington Beach and Twining, Inc.” increasing the contract amount by
$350,000, from the original amount of $250,000 to an amended amount of $600,000.
Alternative Action(s):
Do not authorize contracts and direct staff with an alternate action.
Analysis:
The City’s Capital Improvement Program (CIP) is $46.6 million for Fiscal Year 2019/20. Construction
of the projects typically includes material testing and engineering services. These services are
critical to project completion as the consultants provide supplemental geotechnical testing to make
sure contractors are providing projects that meet material standards and specifications. These tests
and services are estimated to cost over $600,000 a year. The current contract amount will not be
sufficient to provide services for Fiscal Year 2019/20 CIP.
AESCO, Inc., Leighton Consulting, Inc., and Twining, Inc., have (3) years on -call professional service
contracts with the City which were approved by City Council on November 19, 2018. The contracts
were approved with a contract limit of $250,000 each, totaling $750,000. In the first year alone, the
three contracts together expended $527,000 of the $750,000 limit. As of November 2019; with
approximately two (2) years remaining in the contract term, only $223,000 remains in the project
contract limit between the three (3) consultants. Staff estimates that expenditures for the next two
fiscal years will total slightly over $1.2M. At those rates of expenditures, an additional $1,050,000 to
the contract limit will be necessary to reach the duration of the contracts. Therefore, staff is
requesting that each of the three (3) contract limits be raised an additional $350,000. AESCO, Inc.,
Leighton Consulting, Inc., and Twining, Inc., on-call services are essential to supplement City staff to
meet the needs of the City to complete the annual CIP.
Environmental Status:
Not Applicable
Strategic Plan Goal:
Enhance and maintain infrastructure
Attachment(s):
1. “Amendment No. 1 to Agreement between the City of Huntington Beach and AESCO Inc. for
On-Call Material Testing and Engineering Services”
2. “Amendment No. 1 to Agreement between the City of Huntington Beach and Leighton
Consulting, Inc. for On-Call Material Testing and Engineering Services”
3. “Amendment No. 1 to Agreement between the City of Huntington Beach and Twining, Inc. for
On-Call Material Testing and Engineering Services”
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City of Huntington Beach
File #:19-1189 MEETING DATE:12/16/2019
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Oliver Chi, City Manager
PREPARED BY:Tom Herbel, PE, Acting Director of Public Works
David A. Segura, Interim Fire Chief
Subject:
Approve and authorize execution of Amendment No. 1 to Professional Services Contracts for
As-Needed Environmental Engineering Services with Geosyntec Consultants, Inc., Tetra Tech,
Inc., Group Delta Consultants, Inc., Environmental Engineering & Contracting, Inc. (EEC
Environmental Inc.), Huitt-Zollars, Inc. and Pacific Advanced Civil Engineering, Inc. (PACE),
extending each contract’s expiration date to February 6, 2021
Statement of Issue:
The Public Works and Fire Departments require environmental engineering services on an as-
needed basis to support staff for general environmental engineering consultation and the
implementation of programs and inspections under the hazardous waste and material, landfill and
gas, and the water quality programs, as administered and implemented by Public Works and Fire
Department’s staff. The existing contracts for these services expire on February 6, 2020, but allow
for a one-year extension. At this time, approval of the extensions is recommended.
Financial Impact:
These are contract time extensions. No additional compensation is requested. Funds for these
services are included in the Fire and Public Works Department FY 2019/20 budgets.
Recommended Action:
A) Approve and authorize the Mayor and City Clerk to execute “Amendment No. 1 to Professional
Services Contract between the City of Huntington Beach and Geosyntec Consultants, Inc. for As-
Needed Environmental Engineering Services;” and,
B) Approve and authorize the Mayor and City Clerk to execute “Amendment No. 1 to Professional
Services Contract between the City of Huntington Beach and Tetra Tech, Inc. for As-Needed
Environmental Engineering Services;” and,
C) Approve and authorize the Mayor and City Clerk to execute “Amendment No. 1 to Professional
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Services Contract between the City of Huntington Beach and Group Delta Consultants, Inc. for As-
Needed Environmental Engineering Services”; and,
D) Approve and authorize the Mayor and City Clerk to execute “Amendment No. 1 to Professional
Services Contract between the City of Huntington Beach and EEC Environmental for As-Needed
Environmental Engineering Services;” and,
E) Approve and authorize the Mayor and City Clerk to execute “Amendment No. 1 to Professional
Services Contract between the City of Huntington Beach and Huitt-Zollars, Inc. for As-Needed
Environmental Engineering Services;” and,
F) Approve and authorize the Mayor and City Clerk to execute “Amendment No. 1 to Professional
Services Contract between the City of Huntington Beach and Pacific Advanced Civil Engineering, Inc.
for As-Needed Environmental Engineering Services.”
Alternative Action(s):
Do not authorize the contract amendments and direct staff with an alternate action.
Analysis:
On February 6, 2017, the City Council approved six contracts for as-needed environmental
engineering services. This action followed a lengthy and competitive Request for Qualifications
(“RFQ”) process, which determined these firms to be the most qualified to provide these services.
The firms receiving contract awards included Geosyntec Consultants, Inc.; Tetra Tech, Inc.; Group
Delta Consultants, Inc.; EEC Environmental, Inc.; Huitt-Zollars, Inc. and PACE, Inc.
These six (6) contracts have provided as-needed environmental engineering consultation for general
environmental services and implementation of programmatic elements under landfill and gas,
hazardous waste and material, and water quality programs. The contract services have historically
been utilized to supplement city staff to meet inspection requirements, as an extension of staff,or to
provide required expertise for unique projects. They have allowed the departments to have greater
flexibility in obtaining the expert environmental engineering professional services required for city
projects.
At this time, the allowable one-year extension of the six (6) contracts is recommended. The firms
have performed well during the contract term and both the Fire and Public Works Departments will
not exceed their respective budget appropriations for the professional services provided through
these agreements.
Environmental Status:
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Not applicable.
Strategic Plan Goal:
Enhance and maintain infrastructure
Attachment(s):
1. Amendment No. 1 to Professional Services Contract between the City of Huntington Beach
and Geosyntec, Inc. for As-Needed Environmental Engineering Services
2. Amendment No. 1 to Professional Services Contract between the City of Huntington Beach
and Tetra Tech, Inc. for As-Needed Environmental Engineering Services
3. Amendment No. 1 to Professional Services Contract between the City of Huntington Beach
and EEC Environmental, Inc. for As-Needed Environmental Engineering Services
4. Amendment No. 1 to Professional Services Contract between the City of Huntington Beach
and Group Delta Consultants, Inc. for As-Needed Environmental Engineering Services
5. Amendment No. 1 to Professional Services Contract between the City of Huntington Beach
and Huitt-Zollars, Inc. for As-Needed Environmental Engineering Services
6. Amendment No. 1 to Professional Services Contract between the City of Huntington Beach
and PACE, Inc. for As-Needed Environmental Engineering Services
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City of Huntington Beach
File #:19-1178 MEETING DATE:12/16/2019
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Oliver Chi, City Manager
PREPARED BY:Chris Slama, Director of Community Services
Subject:
Approve and authorize execution of a five (5) year License Agreement with Southern
California Edison Company for public parkland located at Edison Park, Contract No. 9.2473
Statement of Issue:
The five-year license agreement with Southern California Edison Company for use of 4.71 acres,
known as Edison Park, Contract No. 9.2473, will expire on December 31, 2019. Southern California
Edison (SCE) has prepared a new five-year license agreement for the City’s use of this property.
Financial Impact:
The annual payment is budgeted in the Park Development Impact Fee Fund, Leases, account
22845001.70300.
Recommended Action:
Approve the “License Agreement” with Southern California Edison Company for the use of the 4.71
acres of property commonly known as Edison Park, Contract No. 9.2473, and authorize the Mayor
and City Clerk to execute any and all documents necessary to conclude this transaction.
Alternative Action(s):
Do not approve the license agreement with Southern California Edison Company and discontinue the
use of this property as parkland.
Analysis:
The City of Huntington Beach first entered into a license agreement with Southern California Edison
Company (SCE) in 1985, for the use of 4.71 acres of SCE property at north of Hamilton Avenue
between Magnolia Street and the Orange County Flood Control. The license agreement has been
renewed for successive five-year terms since that time. The current license agreement will expire on
December 31, 2019. The proposed license agreement would commence January 1, 2020, and
expire December 31, 2024 (Attachment 1). In exchange for the use of the property, the City would
pay an annual license fee (see fee schedule below).
Term Year Due Yearly Amount Payment Due First Day of
First Year 2020 $1,474.65 January
Second Year 2021 $1,518.89 January
Third Year 2022 $1,564.46 January
Fourth Year 2023 $1,611.39 January
Fifth Year 2024 $1,659.73 January
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File #:19-1178 MEETING DATE:12/16/2019
Term Year Due Yearly Amount Payment Due First Day of
First Year 2020 $1,474.65 January
Second Year 2021 $1,518.89 January
Third Year 2022 $1,564.46 January
Fourth Year 2023 $1,611.39 January
Fifth Year 2024 $1,659.73 January
Environmental Status:
Not applicable.
Strategic Plan Goal:
Enhance and maintain infrastructure
Attachment(s):
1. License Agreement with Southern California Edison Company - Contract No. 9.2473, with
Exhibit A - Location Map of Edison Park.
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City of Huntington Beach
File #:19-1199 MEETING DATE:12/16/2019
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Oliver Chi, City Manager
PREPARED BY:Antonia Graham, Assistant to the City Manager
Subject:
Approve and authorize execution of a Mills Act Agreement between the City of Huntington
Beach and Daniel Adam Murphy and Alyssa Ann Murphy for the purpose of providing
property tax relief for owners of qualified properties who wish to use the savings to
preserve/restore their historic property located at 713 Hill Street
Statement of Issue:
On November 3, 2014, the City Council adopted Resolution No. 2014-82 establishing the Mills Act
Program. The Mills Act Program provides economic incentive to encourage the preservation of
historic buildings. The Agreement between Daniel Adam Murphy and Alyssa Ann Murphy the City
was the only Mills Act application received in 2019.
Financial Impact:
Negligible amount of property tax loss.
Recommended Action:
Approve and authorize the Mayor and City Clerk to execute the “Historic Preservation Agreement
Containing Covenants, Conditions, and Restrictions Affecting Real Property by and between the City
of Huntington Beach and Daniel Adam Murphy and Alyssa Ann Murphy for the Real Property Located
at 713 Hill Street within the City of Huntington Beach (Mills Act Contract).”
Alternative Action(s):
Do not approve and direct staff accordingly.
Analysis:
In 1972, the State of California enacted the California Government Code Article 12, Section 50280,
more commonly known as the “Mills Act.” The Mills Act was enacted as an economic incentive
program to encourage the preservation of historic buildings. This legislation provides property tax
relief for owners of qualified historic properties who contract with the local government to abide by
reasonable preservation requirements. The agreement between the property owner and the City
allows the property to be assessed using a different methodology, which results in a reduction of
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property taxes paid by the property owner. Over one hundred (100) cities throughout California have
adopted Mills Act programs, including nine (9) in Orange County. The program is strictly voluntary
and does not have any impact on those historic property owners who do not wish to participate.
The Mills Act requires property owners to enter into a ten (10) year agreement with the City. Property
owners may save fifty percent or more on their property tax bill. The savings must be used toward
renovation and maintenance of their property. The City will lose sixteen (16) percent of the property
tax savings realized by the property owner. The County Assessor’s Office calculates the actual
savings by determining certain key elements. Commercial and residential properties are calculated
differently. The factors include:
- Gross Income - Fair Rental Value
- Maintenance Costs
- Interest Risk as determined annually by the State Board of Equalization
- Risk - set by Mills Act Statute (4 percent residential and 2 percent commercial)
- Amortization Rate
On November 3, 2014, the City Council adopted Resolution No. 2014-82 establishing the Mills Act
Program in Huntington Beach. A summary of the program is below:
- Up to ten (10) eligible applications are accepted each year on a first-come-first served basis
and submitted to the City Council for approval. Approved agreements are then filed with the
County by December 31st of each year in order to meet the property tax deadlines for a tax
reduction in the following year.
- Eligibility will be limited to 260 properties identified in the Draft Huntington Beach Historic
Context and Survey Report or any Federal or State official register of historically significant
sites, places, and landmarks.
- The application fee of $500 (as established in the Master Fee Resolution) will be paid at the
time of application and if for any reason an agreement is not entered into, a portion of the fee
will be refunded based on the amount of staff time spent on the application to that point.
In addition to approving the Resolution establishing the Program, the City Council also approved the
template of the ten-year “Historic Property Preservation Agreement” between the City and property
owners who wish to participate in the program. The agreement specifies the standards required for
property improvement, required inspections of the work by the City, provisions for annual compliance,
and remedies for breach of such agreement.
The application from Daniel Adam Murphy and Alyssa Ann Murphy for the property at 713 Hill Street
was approved by the Community Development Department. As such, the Historic Property
Agreement between the City and property owner is presented to City Council for approval. Once
approved, this agreement will be filed with the County of Orange Tax Assessor’s Office no later than
December 31, 2019, in order for the property owner to receive the property tax reduction in 2020.
As required in the agreement, the property owner will be responsible to furnish any information the
City deems necessary to determine ongoing compliance with the terms and provisions of the
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agreement.
Environmental Status:
The Mills Act Program is not subject to the California Environmental Quality Act pursuant to Section
15061 (b) (3) because it can be seen with certainty that there is no possibility that it will have a
significant effect on the environment.
Strategic Plan Goal:
Non-Applicable - Administrative Item
Attachment(s):
1. Historic Preservation Agreement Containing Covenants, Conditions, and Restrictions Affecting
Real Property by and between the City of Huntington Beach and Daniel Adam Murphy and Alyssa
Ann Murphy for the Real Property located at 713 Hill Street within the City of Huntington Beach,
California 92648
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City of Huntington Beach
File #:19-1202 MEETING DATE:12/16/2019
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 Vote Center Facility Use Agreements with the County of
Orange for use of the Huntington Beach Civic Center, Huntington Beach Central Library, Main
Street Branch Library, Edison Community Center and Rodgers Senior Outreach Center as four
or eleven-day Vote Centers for the March 3, 2020, Presidential Primary Election
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, and is seeking approval to use certain City facilities as
four or eleven-day Vote Centers for the March 3, 2020, Presidential Primary Election.
Financial Impact:Not applicable.
Recommended Action:
Approve and authorize the City Manager to execute the Orange County Registrar of Voters “Vote
Center Facility Use Agreements” approved as to form by the City Attorney on the following sites:
A) Huntington Beach Civic Center, Meeting Room B-7, 2000 Main Street, Huntington Beach from
Saturday, February 29, 2020, through Tuesday, March 3, 2020, (4-day Vote Center); and,
B) Huntington Beach Central Library, Rooms C/D, 7111 Talbert Avenue, Huntington Beach from
Saturday, February 22, 2020, through Tuesday, March 3, 2020, (11-day Vote Center); and,
C) Main Street Branch Library, Blue Room, 525 Main Street, Huntington Beach from Saturday,
February 29, 2020, through Tuesday, March 3, 2020, (4-day Vote Center); and,
D) Edison Community Center, Studio, 21377 Magnolia Street, Huntington Beach from Saturday,
February 29, 2010, through Tuesday, March 3, 2020, (4-day Vote Center); and,
E) Rodgers Senior Outreach Center, Auditorium, 1706 Orange Avenue, Huntington Beach from
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Saturday, February 22, 2020, through Tuesday, March 3, 2020, (11-day Vote Center).
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
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.
Benefits of Vote Centers
Vote Centers are designed to improve the voter experience. While polling places have been a mainstay of voting for many
years, the use of them has dropped dramatically in the past 20 years. Voters have gravitated towards more convenience,
choosing instead to receive a vote-by-mail ballot and in many instances drop it off at a polling place, rather than vote in-
person. Vote Centers adapt to these changes and offer many more conveniences.
Features Traditional Polling PlaceVote Center
Electronic voting system X X
Drop off ballot at any site X X
Disabled access voting X X
Ballot on-demand X
Electronic secure check-in X
Provisional ballots nearly eliminated X
Trained employees X
Vote at any location X
Multi-day voting X
Reduced costs X
To implement the new elections model, Orange County Registrar of Voters Neal Kelley and staff began working with local
government agencies in mid-2019 to assess and secure potential sites suitable to serve as four or eleven-day Vote
Centers, or Ballot Drop Box locations. 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
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·Facility availability for multiple days and extended hours, including weekends
The City Clerk, Director of Community Services and Director of Library Services worked with ROV representatives in the
site selection process. In early October, the ROV provided a communication that requested specific site use for Vote
Center purposes. Department Directors provided preliminary approval for use of the requested sites (Vote Center Facility
Use Agreements, attached), and the Agreements were approved as to form by the City Attorney.
Voter registration data used by the County to determine the required number of four and eleven-day Vote Centers in
Huntington Beach is provided as Attachment 6.
Environmental Status:Not applicable.
Strategic Plan Goal:Non-Applicable - Administrative Item
Attachment(s):
1. Vote Center Facility Use Agreement - Huntington Beach Civic Center, Meeting Room B-7, 2000 Main Street,
Huntington Beach from Saturday, February 29, 2020, through Tuesday, March 3, 2020, (4-day Vote Center); and,
2. Vote Center Facility Use Agreement - Huntington Beach Central Library, Rooms C/D, 7111 Talbert Avenue,
Huntington Beach from Saturday, February 22, 2020, through Tuesday, March 3, 2020, (11-day Vote Center);
and,
3. Vote Center Facility Use Agreement - Main Street Branch Library, Blue Room, 525 Main Street, Huntington Beach
from Saturday, February 29, 2020, through Tuesday, March 3, 2020, (4-day Vote Center); and,
4. Vote Center Facility Use Agreement - Edison Community Center, Studio, 21377 Magnolia Street, Huntington
Beach from Saturday, February 29, 2010, through Tuesday, March 3, 2020, (4-day Vote Center); and,
5. Vote Center Facility Use Agreement - Rodgers Senior Outreach Center, Auditorium, 1706 Orange Avenue,
Huntington Beach from Saturday, February 22, 2020, through Tuesday, March 3, 2020, (11-day Vote Center).
6. Voter Registration Data
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Cities/Areas Total Registered Voters #of 11-Day VCs (1 per #of 4-Day VCs (1 per #of Ballot Drop Boxes (1
·as of7/3/19 . 50000 voters\ 10000 votersl oer 15000 votersl
ANAHEIM 146036 2.92 14.60 9.74
IRVINE 129284 2.59 12.93 8.62
HUNTINGTON BEACH 120952 2.42 12.10 8.06
·SANTAANA 110204 2.20 11.02 7.35
GARDEN GROVE 75748 1.51 7.57 5.05
FULLERTON 70252 1.41 7.03 4.68
ORANGE 69782 1.40 6.98 4.65
MISSION VIEJO 59748 1.19 5.97 3.98
NEWPORT BEACH 56794 1.14 5.68 3.79
COSTA MESA 55876 1.12 5.59 3.73
LAKE FOREST 46380 0.93 4.64 3.09
WESTMINSTER 44350 0.89 4.44 2.96
YORBA LINDA 43152 0.86 4.32 2.88
·LAGUNA NIGUEL 40700 0.81 4.07 2.71
SAN CLEMENTE 40306 0.81 4.03 2.69
BUENA PARK 37691 0.75 3.77 2.51
TUSTIN 35976 0.72 3.60 2.40
FOUNTAIN VALLEY 33758 0.68 3.38 2.25
RANCHO STA MARG 28534 0.57 2.85 1.90
LAHABRA 28449 0.57 2.84 1.90
ALISO VIEJO 28329 0.57 2.83 1.89
PLACENTIA 27512 0.55 2.75 1.83
CYPRESS 26947 0.54 2.69 1.80
.BREA 25533 0.51 2.55 1.70
DANA POINT 21853 0.44 2.19 1.46
SANJUAN CAP 20, 108 0.40 . 2.01 1.34
EAST TUSTIN 19728 0.39 1.97 1.32
LAGUNA HILLS 18311 0.37 1.83 1.22
SEAL BEACH 17470 0.35 1.75 1.16
LAGUNA BEACH 17034 0.34 1.70 1.14
STANTON 15118 0.30 1.51 1.01
LAGUNA WOODS 13963 0.28 1.40 0.93
LADERA RANCH 13115 0.26 1.31 0.87
.ORTEGA 9976 0.20 1.00 0.67
TRABUCO 9,514 0.19 0.95 0.63
LA PALMA 8451 0.17 0.85 0.56
ROSSMOOR 7331 0.15 0.73 0.49
LOS ALAMITOS 6,404 0.13 0.64 0.43
VILLA PARK 4340 0.09 0.43 0.29
MAGNOLIA 4227 0.08 0.42 0.28
MIDWAYCIY 3665 0.07 0.37 0.24
EAST ORANGE 1814 0.04 0.18 0.12
YORBA 1602 0.03 0.16 0.11
.SILVERADO 1198 0.02 0.12 0.08
KATELLA 1182 0.02 0.12 0.08
EMERALD BAY 893 0.02 0.09 0.06
E. PLACENTIA 591 0.01 0.06 0.04
BAYVIEW 530 0.01 0.05 0.04
DIAMOND 431 0.01 0.04 0.03
ORANGETHORPE 228 0.00 0.02 0.02
OLIVE 189 . 0.00 0.02 0.01
BREA OLINDA 6 0.00 0.00 0.00
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City of Huntington Beach
File #:19-1204 MEETING DATE:12/16/2019
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Oliver Chi, City Manager
PREPARED BY:David A. Segura, Interim Fire Chief
Subject:
Approve and authorize execution of three Professional Services Contracts with Bureau
Veritas North America, Inc., CSG Consultants, Inc. and 4Leaf, Inc. for Fire Prevention
Inspection and Plan Review Services
Statement of Issue:
The Fire Department requires professional fire prevention inspection and plan review services on an
as-needed basis. These services are critical to keeping pace with the development occurring in the
community, as well as providing essential fire protection/life safety fire prevention services. To
provide these services, three qualified firms have been selected.
Financial Impact:
Funds would be made available from currently budgeted projects and are included in the Fire
Prevention Professional Services (10065201.69365) and Oil Production Professional Services
(10065204.69365) accounts. Additional City Council authorization will be requested for unbudgeted
projects, as necessary.
Recommended Action:
A) Approve and authorize the Mayor and City Clerk to execute “Professional Services Contract
Between the City of Huntington Beach and Bureau Veritas North America, Inc. for Fire Prevention
and Plan Review Services;” and,
B) Approve and authorize the Mayor and City Clerk to execute “Professional Services Contract
Between the City of Huntington Beach and CSG Consultants, Inc. for Fire Prevention and Plan
Review Services;” and,
C) Approve and authorize the Mayor and City Clerk to execute “Professional Services Contract
Between the City of Huntington Beach and 4Leaf, Inc. for Fire Prevention and Plan Review Services.”
Alternative Action(s):
Do not authorize one or more of the contracts and provide staff with alternative direction.
Analysis:
Applicants who submit development projects to the City pay fees for plan checks and inspections and
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Applicants who submit development projects to the City pay fees for plan checks and inspections and
expect reasonable service levels. When City staff can no longer meet demands of increased
development activity, these services have historically been supplemented with professional fire
prevention inspection and plan review services. This approach is a cost effective method of closing
the gap between the demands for these services and the ability of City staff to meet this demand.
Typical fire prevention inspection and plan review services include:
·Perform field inspections of operational fire permits, fire protection systems, fire master plans
and architectural plans to ensure compliance with applicable codes, specifications and City
standards
·Provide all necessary liaisons with applicant business owners, City representatives, Fire
Marshal, etc.
·Perform plan review consultations
·Determine plan compliance with applicable codes, specifications and City standards
·Submit list of items requiring correction to achieve conformance with City regulations
·Provide written reports of findings and recommendations
·Provide representation at meetings related to fire inspections and plan reviews with customers
and City staff as requested by the Fire Marshal or designee
In Fiscal Year 2018/19, the Fire Prevention Division conducted 10,050 inspections and 1,870
development and fire protection/life safety plan check reviews that yielded approximately $1.2 million
in annual revenues. These inspections covered businesses, residential facilities, hazardous materials
occupancies, oil wells, and new construction. This Division also performed annual inspections of
approximately 1,992 multi-family residential complexes, as mandated by the State.
In compliance with Chapter 3.03 of the Municipal Code, proposals for these services were requested
and six (6) firms responded. Representatives from City departments ranked the proposals based on
qualifications, experience and references. Upon final review, it was determined that Bureau Veritas
North America, CSG Consultants and 4Leaf will best meet the needs of the City. Each of the three
proposed contracts are for a three-year term. Based on anticipated project plan review and
inspection needs, the agreement with Bureau Veritas North America will have an amount not to
exceed $462,000. The contracts with CSG Consultants and 4Leaf will each be for $123,750. The
total for all three contracts will be $709,500, or $236,500 for each of the three years of the proposed
agreements.
In order to meet the demand for these services, approval of the attached contracts is recommended.
Environmental Status:
Not applicable.
Strategic Plan Goal:
Enhance and modernize public safety service delivery
Attachment(s):
1. Professional Services Contract between the City of Huntington Beach and Bureau Veritas
North America, Inc. for Fire Prevention Inspection and Plan Review Services
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2. Professional Services Contract between the City of Huntington Beach and CSG Consultants,
Inc. for Fire Prevention Inspection and Plan Review Services
3. Professional Services Contract between the City of Huntington Beach and 4Leaf, Inc. for Fire
Prevention Inspection and Plan Review Services
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City of Huntington Beach
File #:19-1196 MEETING DATE:12/16/2019
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Oliver Chi, City Manager
PREPARED BY:David A. Segura, Interim Fire Chief
Subject:
Approve and authorize execution of a Fourth Amended Joint Powers Agreement for Metro
Cities Fire Authority
Statement of Issue:
The attached Fourth Amended Joint Powers Agreement for the Metro Cities Fire Authority is being
presented for approval. This organization provides fire dispatch services for Huntington Beach as
part of a regionalized fire dispatch delivery system and the recent removal of the City of Garden
Grove necessitates an amendment to the agreement.
Financial Impact:
Due to the withdrawal of the City of Garden Grove, the fair share percentage distribution of costs will
increase for the remaining member agencies. This will be addressed in the FY 2020/21 budget
process. There will be no impact to the City’s FY 2019/20 budget.
Recommended Action:
Approve and authorize the Mayor and the City Clerk to execute the “Metro Cities Fire Authority
Fourth Amended Joint Powers Agreement.”
Alternative Action(s):
Take no action and direct staff to consider other dispatch alternatives.
Analysis:
Since 1969, the City of Huntington Beach has participated in a regionalized fire dispatch delivery
system. In 1992, the Central Net Operations Authority’s Joint Powers Agreement was adopted by the
cities of Fountain Valley, Huntington Beach, Newport Beach and Westminster, which formalized this
regionalized approach for both training and fire dispatch services. However, as a result of
Westminster’s 1995 decision to join the Orange County Fire Authority, the cost effectiveness of
operating a communications center with the remaining three cities was no longer viable. As a result,
several fire dispatch alternatives were pursued, which resulted in the formation of Metro Cities Fire
Authority as the most cost-effective service delivery model.
The Metro Cities Fire Authority, which includes the cities of Anaheim, Brea, Fountain Valley, Fullerton,
Huntington Beach, Newport Beach and Orange, officially began operating on July 1, 1996. The City
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of Anaheim administers the fire dispatch services at an Anaheim location.
The Joint Powers Agreement for the Metro Cities Fire Authority was last amended on June 3, 2013.
At that time, an amendment was required due to the addition of the City of Brea as a member of the
Authority.
In August 2019, the City of Garden Grove contracted with the Orange County Fire Authority for
emergency services. This necessitated withdrawal of their membership in the Metro Cities Fire
Authority. At this time, the remaining member agencies are asked to amend the Joint Powers
Agreement to reflect this change in membership.
The proposed changes are contained in the Fourth Amended Agreement (Attachment 1). An
interlineated copy of the Agreement (Attachment 2) is included and shows the proposed additions
and deletions. These include the deletion of Garden Grove as a member, along with changes related
to annual audit reconciliation and a statement that non-member agencies which subscribe for service
are non-voting members.
To assure continued success of the Metro Cities Fire Authority, it is recommended that the proposed
Fourth Amended Agreement be approved.
Environmental Status:
None.
Strategic Plan Goal:
Enhance and modernize public safety service delivery
Attachment(s):
1. Fourth Amended Joint Powers Agreement for Metro Cities Fire Authority
2. Interlineated copy of the Fourth Amended Joint Powers Authority Agreement for Metro Cities
Fire Authority
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City of Huntington Beach
File #:19-1226 MEETING DATE:12/16/2019
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Oliver Chi, City Manager
PREPARED BY:Oliver Chi, City Manager
Subject:
Approve the appointment of Travis Hopkins to the position of Assistant City Manager and
authorize the City Manager to execute the associated Employment Agreement
Statement of Issue:
Since May 2019, Mr. Hopkins has served the City capably as the Interim Assistant City Manager.
Based on an assessment of his overall job performance, it is recommended that Mr. Hopkins be
officially appointed as the next Assistant City Manager for Huntington Beach.
Financial Impact:
Funding for this position is included in the FY 2019/20 budget.
Recommended Action:
Approve the “Employment Agreement Between the City of Huntington Beach and Travis Hopkins,”
and authorize the City Manager to execute any and all relevant and associated documents.
Alternative Action(s):
Do not approve the employment agreement with Mr. Hopkins to serve as Assistant City Manager, and
provide staff with alternate direction.
Analysis:
In May 2019, Mr. Hopkins was asked to begin serving as Interim Assistant City Manager, a position
he has filled since that time. Previously, Mr. Hopkins served as the City’s Public Works Director, a
position he had held since December 2007.
Based on an evaluation of his overall performance, it is now recommended that Mr. Hopkins be
appointed to the permanent role of Assistant City Manager. Of note, Mr. Hopkins has more than 27
years of private sector and public sector professional experience, as follows:
§6/1992 - 1/2000: Chicago Bridge and Iron - Field Engineer, Design Engineer, Project Manager
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§1/2000 - 11/2004: City of Carson - Assistant City Engineer / Associate Civil Engineer / Senior
Civil Engineer
§11/2004 - 6/2006: City of Placentia - Director of Public Works / City Engineer
§6/2006 - 12/2007: City of Huntington Beach - City Engineer
§12/2007 - Present: City of Huntington Beach - Director of Public Works
Mr. Hopkins also holds a bachelor’s degree in civil engineering from the University of Idaho, and a
master’s degree in public administration from CSU Long Beach.
Based on an overall assessment of Mr. Hopkins’ performance, it is recommended that the City
Council authorize his appointment to the Assistant City Manager position, effective December 17,
2019. The contractual compensation is recommended at Non-Associated / Executive Management
Pay Grade NA 0592, Starting Point Step E ($106.32 / hour).
Environmental Status:
N/A
Strategic Plan Goal:
Non-Applicable - Administrative Item
Attachment(s):
1. Employment Agreement
2. Exhibit 1 - Non-Associated Executive Management Salary Schedule Effective November 04,
2019
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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
E
*Per Resolution 2019-78 adopted on 11/04/19 the compensation of City Manager was modified, the Director of Organizational Learning &
Engagement was added; and the positions of the Director of Human Resources, Director of Building & Safety and Director of Economic
Development were deleted.
EXHIBIT 1
NON-ASSOCIATED EXECUTIVE MANAGEMENT SALARY SCHEDULE
EFFECTIVE NOVEMBER 04, 2019
Job No.Description
Job No.Description A B C
EXECUTIVE MANAGEMENT
DEPARTMENT HEADS
ELECTED OFFICIALS
ELECTED OFFICIALS PART-TIME
CONTRACT NON-DEPARTMENT HEAD
D
643
City of Huntington Beach
File #:19-1185 MEETING DATE:12/16/2019
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Oliver Chi, City Manager
PREPARED BY:Robert Handy, Chief of Police
Subject:
Adopt Ordinance No. 4192, which establishes Municipal Code Section 10.40.265 prohibiting
misuse of disabled person placards or license plates
Approved for introduction November 18, 2019, Vote: 7-0
Statement of Issue:
As more California residents obtain temporary or permanent disabled placards/license plates, there is
an increased potential for their misuse and abuse. While conducting enforcement, Parking Control
Officers (PCO’s) often see indicators of misuse or abuse and people taking advantage of loopholes in
the State law, which prohibits proper enforcement. Because of these abuses, disabled spaces are
not fully available to legitimately disabled persons with valid disabled placards/plates.
To help curtail the issue with these violations, a local authority may enact an ordinance that allows for
the enforcement of invalid, fraudulent, altered, unauthorized, and/or counterfeit disabled
placard/plates.
The proposed ordinance and resolution will ensure enforcement is applicable to the parking or
standing of a vehicle on streets or highways, or in a parking stall or space in a privately or publicly
owned or operated off-street parking facility, within our jurisdiction.
Financial Impact:
There is no cost associated with this proposed action. Any increase to revenue is unknown at this
time.
Recommended Action:
Adopt Ordinance No. 4192, “An Ordinance of the City of Huntington Beach adding Section 10.40.265
to Chapter 10.60 of the Huntington Beach Municipal Code Relating to Disabled Parking Placards and
License Plates.”
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Alternative Action(s):
Do not approve the proposed Ordinance and/or Resolution and direct staff accordingly.
Analysis:
Under current law, the City is missing some ability to hold violators accountable, deter criminal
activity, and allow for sufficient disabled parking. California Vehicle Code section 22507.8 allows a
person to park in a marked handicapped stall if they have a placard. The language in this section
does not address the validity of the placard/plate, who the placard/plate is specifically intended for or
if it is altered/counterfeit.
With the Ordinance and Resolution in place, the City of Huntington Beach will be able to:
·Increase the availability of parking for legitimately disabled drivers, allowing them access to
reserved parking spaces close to their destinations.
·Help to eliminate some measure of placard abuse through the deterrent effect of enforcement
and fine penalties, potentially increasing parking revenue collections in the City.
·Encourage non-disabled drivers to use other available legal parking in off-street pay parking
lots, metered parking areas, permit parking areas or other lawfully available spaces.
·Prohibit illegal users of disabled placards to occupy high-demand parking spots at parking
meters or in private parking lots open to the public for free all day with no incentive to limit
their stay.
·Aid merchants and promote shopping in business districts by increasing turnover of needed
disabled parking spaces in front of stores or on the same blocks in these districts.
·Improve the quality of life for the physically disabled placard holders and residents of the City.
·Minimize the hardship on a disabled person whose physical disability prevents them from
walking for more than a short distance or safely maneuvering a mobility device onto a
sidewalk or other surface reserved for public ingress and egress.
Environmental Status:
Not applicable
Strategic Plan Goal:
Enhance and modernize public safety service delivery
Attachment(s):
1. Ordinance No. 4192
2. Resolution No. 2019-75
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City of Huntington Beach
File #:19-1170 MEETING DATE:12/16/2019
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:
Request to Open Public Hearing and to Continue Public Hearing to January 21, 2020 to
consider Zoning Text Amendment No. 19-002 (Huntington Beach Zoning and Subdivision
Ordinance Update) by approving for introduction Ordinance Nos. 4193, 4194, 4195, 4196, 4197,
4198 and 4199
Statement of Issue:
Transmitted for your consideration at a future date (January 21, 2020) is Zoning Text Amendment No.
19-002,a City-initiated request to amend seven chapters of the HBZSO for overall maintenance
pertaining to vehicle storage, parking structures, residential infill requirements, and moving/relocating
structures. The request also codifies existing policies and clarifies sections of the code.The
Planning Commission and staff recommend approval of the request.
Financial Impact:
Not applicable.
Recommended Action:
Open the public hearing and direct staff to continue Zoning Text Amendment No. 10-002 to January
21, 2020.
Alternative Action(s):
None - Not Applicable
Analysis:
A.PROJECT PROPOSAL
Applicant: City of Huntington Beach
Location: Citywide
The Zoning Text Amendment (ZTA) proposes to amend seven chapters of the Huntington Beach
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Zoning and Subdivision Ordinance (HBZSO) to reorganize certain entitlement applications to a
lower hearing body or permit by right, codify existing policies, and clarify sections of the code.
The seven chapters to be amended are Chapter 203 (Definitions), Chapter 204 (Use
Classifications), Chapter 210 (Residential Districts), Chapter 211 (Commercial Districts), Chapter
212 (Industrial Districts), Chapter 230 - Section 230.22 (Residential Infill Lot Development) and
Section 230.74 (Outdoor Facilities), and Chapter 231 (Off-Street Parking and Loading
Provisions).
In an ongoing effort to improve customer service and ensure the HBZSO is clear, current, and
consistently adapting to market trends, staff has identified some needed changes. The proposed
amendments would decrease processing time for applicants, encourage new businesses,
provide greater clarity, and ultimately improve customer service. ZTA No. 19-002 represents the
second phase of the overall ongoing HBZSO update. A matrix providing a comparison between
the current code sections and the proposed changes is included as Attachment No. 2. Legislative
drafts of the amended chapters are also attached.
B.PLANNING COMMISSION MEETING
The Planning Commission held a public hearing on ZTA No. 19-002 on November 12, 2019.
There were no public comments regarding the proposed ZSO update. The Planning Commission
asked some questions for clarification regarding vehicle storage and infill. Commissioner
Scandura made a motion to recommend that all vehicle storage uses in all zones be reviewed by
the Planning Commission. However, the motion did not receive a second and failed.
Planning Commission Action on November 12, 2019:
The motion was made by Kalmick, seconded by Perkins, to find and determine that the project is
exempt from the California Environmental Quality Act, recommend approval of ZTA No. 19 -002,
and forward to the City Council for consideration carried by the following vote:
AYES: Ray, Grant, Garcia, Kalmick, Perkins
NOES: Scandura
ABSENT: None
ABSTAIN: Mandic
C.STAFF ANALYSIS AND RECOMMENDATION
Zoning Compliance:
The following provides a review of the proposed amendments in four sections.
1.Residential Infill
Section 203.06 - Infill Lot Development
Section 203.06 - Residential Infill Lot
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Delete current definitions and replace with new Residential Privacy Design Standards
Section 203.06 - Residential Privacy Design Standards
Add new definition to describe applicability of Residential Privacy Design Standards:
Add floor area above first floor of existing SFD or construction of new SFD with more
than one floor
Increase number of windows or move existing windows above first floor of existing SFD
Section 210.06 (W) - Residential Development Standards
Require design elements to ensure privacy between structures:
Off-set bedroom and bathroom windows above the first floor
Orient balconies to front, rear, open space, street, or provide:
o Min. 20 ft. separation between balcony/deck and adjacent structure
Section 230.22 - Residential Infill Lot Developments
Delete section and replace with additional provision 210.06 (W) for Residential Privacy Design
Standards.
Renaming Residential Infill requirements as Residential Privacy Design Standards more
accurately describes the provisions for offsetting windows and balconies on single family
homes. Reorganizing the requirements within the ZSO from Section 230.22 into Section 210.06
will enable property owners and architects to easily access the revised standards while
reviewing the applicable development standards. The revised privacy design standards will be
applicable to area above the first floor only. Single family homes in the City are typically
separated by a six ft. wall or fence, which provides substantial privacy for any windows that may
align on the first floor. Revising the applicability of privacy design standards reduces the
processing time of single family remodel/addition projects that do not add or alter any area
above the first floor.
2.Vehicle Storage
Section 204.10 (GG) 8. Vehicle Storage
Delete this definition and add three more specific vehicle storage classifications
Section 204.10 (GG) 8. Vehicle Storage, Impound Yards
Add new impound yard use classification
Section 204.10 (GG) 9. Vehicle Storage, Off-Site Auto Sales
Add new use classification for off-site vehicle storage for auto sales businesses located within
the City
Section 204.10 (GG) 10. Vehicle Storage, Recreational Vehicles
Add new recreational vehicle storage use classification
Section 211.04 CO, CG, and CV Districts - Land Use Controls (Vehicle Storage)
Current Process: CUP from ZA in CG Zone
Proposed Process:
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·Delete Vehicle Storage use classification and add 3 more specific classifications
·Add:
o Vehicle Storage, Impound Yards (PC in CG Zone)
o Vehicle Storage, Off-Site Auto Sales (P/ZA in CG Zone based on proximity to R
districts)
o Vehicle Storage, Recreational Vehicles (ZA in CG Zone)
o Additional provisions for screening/walls
Section 212.04 IG, IL, and RT Districts - Land Use Controls (Vehicle Storage)
Current Process:
·Permitted in IG Zone
·CUP from ZA in IL Zone
·CUP from ZA/PC in RT Zone (based on proximity to R districts)
·Additional provision H**
Proposed Process:
·Delete Vehicle Storage use classification and add 3 more specific classifications
·Revise/update formatting for additional provision H** and allow auto storage uses on
public agency owned property pursuant to a Parking Area Plan
·Add:
o Vehicle Storage, Impound Yards (PC all Zones)
o Vehicle Storage, Off-Site Auto Sales (P/ZA all Zones)
o Vehicle Storage, Recreational Vehicles (ZA all Zones)
o Additional provisions for screening/walls
3.Parking and Parking Structure
Section 203.06 - Parking, Subterranean
Section 203.06 - Parking, Tandem
Add new definitions for clarification of two types of parking facilities
Section 203.06 - Parking Structure
Update definition for clarification
Section 231.18 (G) - Parking Structures
Clarify development standards and establish design guidelines for parking structures. Revise
to codify existing policy that allows for maximum 15% slope with minimum 12 foot long
transitions for ramps that are not used for back up space for parking stalls.
Section 230.74 Outdoor Facilities
Add Vehicle Storage to list of exceptions for outdoor storage entitlement requirements to avoid
conflicts with requirements for updated use classifications
Adding definitions of subterranean parking and tandem parking will provide clarity within the
ZSO regarding these common types of parking facilities. Revising the parking structure
definition will ensure the definition is inclusive of new technologies such as automated parking
structures and clarify that a surface parking lot with a roof above it is not a parking structure.
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Further, some development standards will also be clarified, such as screening and
landscaping requirements. There are currently no codified design guidelines for parking
structures. The revision includes a menu of options for design guidelines to improve the
architectural quality of parking structures and give applicants some direction on aesthetics.
Also, the list of exceptions in the outdoor facilities section would be updated to also include the
new vehicle storage classifications which are subject to their own specific requirements in the
commercial and industrial code sections. Providing these revisions to the ZSO ensures it is
clear to all readers, updates it in accordance with modern standards, and provides better
guidance for architectural quality.
4.The following amendments include cleanup and clarification:
Section 204.10 (H) - Commercial Recreation and Entertainment - Delete reference to HBMC
9.28 which has been repealed.
Section 210.06 (X) - Development Standards -Add provision to reference HBMC 17.28 if
moving/relocating structures
These amendments involve cleaning up the HBZSO to improve clarity and allow for internal
consistency. By adding the relocation provision to the ZSO, the information is readily accessible
to staff and the public.
D.SUMMARY
Staff recommends that the City Council approve Zoning Text Amendment No. 19-002 with
findings based on the following:
·Cleans up the HBZSO to improve clarity, address deficiencies, and maintain currency.
·Codifies existing policies and code interpretations and allows select entitlement
requests to be reviewed by a lower hearing body or to be permitted by right.
·Results in better customer service by providing a clear, prompt, and cost effective
review process.
·Consistent with General Plan goals and policies.
Environmental Status:
ZTA No. 19-002 is categorically exempt pursuant to City Council Resolution No. 4501, Class 20,
which supplements the California Environmental Quality Act because the request is a minor
amendment to the zoning ordinance that does not change the development standards intensity or
density.
Strategic Plan Goal:
Enhance and maintain high quality City services
Attachment(s):
1. Suggested Findings of Approval - ZTA No. 19-002
2. HBZSO Update Matrix of Changes
3. Ord 4193 - Chapter 210 (Residential Districts) w/Legislative Draft
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4. Ord 4194 - Chapter 203 (Definitions) w/Legislative Draft
5. Ord 4195 - Chapter 204 (Use Classifications) w/Legislative Draft
6. Ord 4196 - Chapter 231 (Off-Street Parking and Loading Provisions) w/Legislative Draft
7. Ord 4197 - Chapter 230 (Site Standards) w/Legislative Draft
8. Ord 4198 - Chapter 212 (Industrial Districts) w/Legislative Draft
9. Ord 4199 - Chapter 211 (Commercial Districts) w/Legislative Draft
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ATTACHMENT NO. 1
FINDINGS OF APPROVAL
ZONING TEXT AMENDMENT NO. 19-002
FINDINGS FOR PROJECTS EXEMPT FROM CEQA:
The Planning Commission finds that the project will not have any significant effect on the
environment and is exempt from the provisions of the California Environmental Quality Act
(CEQA) pursuant to City Council Resolution No. 4501, Class 20, which supplements CEQA
because the request is a minor amendment to the zoning ordinance that does not change the
development standards intensity or density.
FINDINGS FOR APPROVAL - ZONING TEXT AMENDMENT NO. 19-002:
1. Zoning Text Amendment (ZTA) No. 19-002 to amend Chapter 203 (Definitions), Chapter
204 (Use Classifications), Chapter 210 (Residential Districts), Chapter 211 (Commercial
Districts), Chapter 212 (Industrial Districts), Chapter 230 - Section 230.22 (Residential
Infill Lot Development) and Section 230.74 (Outdoor Facilities), and Chapter 231 (Off-
Street Parking and Loading Provisions) of the Huntington Beach Zoning and Subdivision
Ordinance (HBZSO) to reorganize certain entitlement applications, codify existing
policies, and clarify sections of the code is consistent with the objectives, policies,
general land uses and programs specified in the General Plan including:
Land Use Element
Goal LU-11: Commercial land uses provide goods and services to meet regional and
local needs.
Policy LU-11 (A): Encourage a variety of commercial uses that cater to local and
regional demand to create an environment that meets resident needs and increases the
capture of sales tax revenues.
Goal LU-13: The city provides opportunities for new businesses and employees to
ensure a high quality of life and thriving industry.
Policy LU-13 (A): Encourage expansion of the range of goods and services provided to
accommodate the needs of all residents and the market area.
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Policy LU-2 (E): Intensify the use and strengthen the role of public art, architecture,
landscaping, site design, and development patterns to enhance the visual image of
Huntington Beach.
Policy LU-4 (D): Ensure that single-family residences are of compatible proportion scale
and character to surrounding neighborhoods.
The ZTA will allow the City to process new development and land use applications in a
more effective and efficient manner which will encourage a variety of commercial uses,
goods, and services to meet market needs and capture sales tax revenues. The proposed
amendments would decrease processing time for applicants by updating review
processes, provide clarity, reflect market conditions within the City, and ultimately improve
customer service.
2. In the case of a general land use provision, ZTA No. 19-002 is compatible with the uses
authorized in, and the standards prescribed for the zoning district for which it is proposed
because it primarily revises the processing of entitlements and clarifies various sections of
the HBZSO. The few uses that have been added or clarified will not change the character of
the base zoning district and the uses authorized therein.
3. A community need is demonstrated for the changes proposed because there is a constant
community desire to improve customer service with decreased processing time and ensure
the HBZSO is clear, current, and consistently adapting to market trends.
4. Its adoption will be in conformity with public convenience, general welfare and good zoning
practice because ZTA No. 19-002 ensures the HBZSO is clear, current, consistently
adapting to market trends, and reflective of the City’s ongoing effort to improve customer
service.
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ZONING TEXT AMENDMENT 19-002 SUMMARY
TOPIC CURRENT PROPOSED
Chapter 203:
DEFINTIONS
Infill Lot Development
Describes applicability of
Residential Infill Standards
Delete definition – replaced with
new Residential Privacy Design
Standards
Parking, Subterranean -- Add new definition for
clarification
Parking, Tandem -- Add new definition for
clarification
Parking Structure
A structure used for parking of
vehicles where parking spaces,
turning radius, and drive aisles
are incorporated within the
structure.
Update definition for clarification
Residential Infill Lot Describes applicability of
Residential Infill Standards
Delete definition – replaced with
new Residential Privacy Design
Standards
Residential Privacy
Design Standards
-- Add new definition to describe
applicability and requirements of
Residential Privacy Design
Standards
Chapter 204: USE
CLASSIFICATIONS
204.10 (H) Commercial
Recreation and
Entertainment
Cyber café having more than
four coin-operated game
machines as regulated by HBMC
Chapter 9.28
Delete reference to HBMC 9.28
which has been repealed
204.10 (GG) 8. Vehicle
Storage
Describes the general business of
storing vehicles
Delete; add three more specific
vehicle storage classifications
204.10 (GG) 8. Vehicle
Storage, Impound Yards
-- Add new definition of impound
yards
204.10 (GG) 9. Vehicle
Storage, Off-Site Auto
Sales
-- Add new definition of off-site
vehicle storage for auto sales
businesses within the City
204.10 (GG) 10. Vehicle
Storage, Recreational
Vehicles
-- Add new definition of the storage
of recreational vehicles
Chapter 210:
RESIDENTIAL
DISTRICTS
210.06 (W) Development
Standards
210.06 (X) Development
Standards
--
--
Add Residential Privacy Design
Standards
Add provision to reference
HBMC 17.28 if
moving/relocating structures
Chapter 211:
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COMMERCIAL
DISTRICTS
211.04 CO, CG, and CV
Districts – Land Use
Controls
Vehicle Storage:
ZA in CG Zone
Delete Vehicle Storage use
classification
Add:
Vehicle Storage, Impound Yards
(PC in CG Zone)
Vehicle Storage, Off-Site Auto
Sales (P/ZA in CG Zone)
Vehicle Storage, Recreational
Vehicles (ZA in CG Zone)
Additional provisions for
screening/walls
Chapter 212:
INDUSTRIAL
DISTRICTS
212.04 IG, IL, and RT
Districts – Land Use
Controls
Vehicle Storage:
IG Zone: P
IL Zone: ZA
RT Zone: ZA/PC
Additional provision H**
Delete Vehicle Storage use
classification
Revise additional provision H**
for auto storage uses on public
agency owned property
Add:
Vehicle Storage, Impound Yards
(PC all Zones)
Vehicle Storage, Off-Site Auto
Sales (P/ZA all Zones)
Vehicle Storage, Recreational
Vehicles (ZA all Zones)
Additional provisions for
screening/walls
Chapter 230: SITE
STANDARDS
230.22 Residential Infill
Lot Developments
Describes requirements Infill Lot
Development
Delete section – replaced with
additional provision in 210.06 for
Residential Privacy Design
Standards
230.74 Outdoor Facilities Describes requirements for
outdoor display and storage of
merchandise/materials
Add provision to exceptions in
accordance with revised Vehicle
Storage use classifications
Chapter 231: OFF-
STREET PARKING
AND LOADING
PROVISIONS
231.18 (G) Parking
Structures
Describes development
standards for parking structures
Clarify development standards
and establish design guidelines
for parking structures
Revise to codify existing policy
that allows for maximum 15%
slope with minimum 12 foot long
transitions for ramps that are not
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used for back up space for
parking stalls
P: Permitted
N/P: Not Permitted
Director: Submitted for staff review
AP/NN: Administrative Permit with Neighborhood Notification
CUP: Conditional Use Permit
ZA: CUP to Zoning Administrator
PC: CUP to Planning Commission
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City of Huntington Beach
File #:19-1214 MEETING DATE:12/16/2019
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Oliver Chi, City Manager
PREPARED BY:Chris Slama, Director of Community Services
Subject:
Authorize staff to submit the design elements for the Bluff Top Park Improvement Project to
the State, including the Design Review Board approved wood lodge pole guardrail system
Statement of Issue:
Through the efforts of Assembly Member Cottie-Petrie Norris, an appropriation of $1.7 million in State
funding has been made available to Huntington Beach for improvements to the Bluff Top Park area of
the State Beach under the City’s operation. A key component of the overall improvement project
includes the replacement of the existing guardrail. Staff is requesting City Council acceptance of the
design and materials for the new guardrail as recommended by the Design Review Board.
Financial Impact:
$1.7 million for the project is being funded out of the current State budget. There are no matching
fund obligations from the City.
Recommended Action:
Accept the approved recommendation of the Design Review Board to utilize a wood, lodge pole
guardrail design as part of the Bluff Top Improvement Project.
Alternative Action(s):
Do not approve the recommended action and direct staff accordingly.
Analysis:
Through the efforts of Assembly Member Cottie-Petrie Norris, the City has been allocated $1.7 million
in State funds to make improvements to the Bluff Top Park portion of the State Beach under the City’s
operation. Proposed improvements to the area between the sandy beach and Pacific Coast Highway
from 9th Street to just south of Seapoint Street include:
• Widening and resurfacing of asphalt path to improve access and safety (9
th Street to
Seapoint Street)
• Extension of concrete sidewalk from 11
th Street to Goldenwest Street to improve
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File #:19-1214 MEETING DATE:12/16/2019
conditions around parking meters and address deteriorated turf conditions
• Landscape and demarcation enhancements at path intersection nodes
• Replacement of guardrail along the length of the bluff top
The existing multi-use path is heavily used by the public and is an important amenity for walkers,
joggers and cyclists - linking the main City beach with Huntington State Beach to the south and Bolsa
Chica State Beach to the north. The two components of the project with the highest priority are the
improvements to the multi-use path and the replacement of the guardrail. Increasing the width of the
existing 10-foot wide path will improve traffic conditions and safety, and create a more enjoyable
experience for all users. It will also provide better maneuverability for the service and safety vehicles
using the path.
Furthermore, given that Bluff Top Park was developed in 1996, coupled with the harsh conditions of
the marine environment, the railing along the bluff has had to be replaced three times to date. Each
time, staff has looked at various designs and materials in effort to determine the most durable
material and to minimize site impacts in the area.
When Bluff Top Park was created in 1996, the guardrail was constructed of galvanized steel pipe.
The railing began to show signs of failure as early as 2000. At that time, a reinforced PVC pipe
design was considered as a better option than steel since it was not susceptible to corrosion from the
salt air. While rust and corrosion were not issues, the structural integrity of the plastic material
presented challenges. The upper and lower rails were easily broken from people standing on them,
and the support posts were less sturdy than galvanized steel. After years of repair and replacing
broken sections, the railing was replaced in 2006, with hot-dipped galvanized steel (current railing).
At that time, the railing design was modified by installing the railing in 8-foot sections. This helped to
lower the cost of repairs since a single panel could be replaced as opposed to cutting and welding in
new pipe.
The current guardrail has severe corrosion at several locations along the approximate 7,600 lineal
foot span. Given the poor performance of the previous designs, staff recently explored different
options. Materials considered included the current hot-dipped galvanized steel, industrial coated
galvanized steel, and powder coated steel. Other designs considered were a post and cable design
with steel braided cable and steel posts and a wood lodge pole design.
In looking at the pros and cons of each design and materials, staff is suggesting that the wood lodge
pole design is the most suitable option (see Attachment 1). Wood has the least amount of negative
impacts from the marine environment and can easily be repaired. Repairing or replacing sections of
the rail does not require special fabrication, as with steel pipe options. Wood is also more cost
effective. The approximate lineal foot cost of $75 for purchase and installation for wood lodge pole is
substantially less than the other options. The estimated cost for hot dipped galvanized steel ranges
from $160 to $180 per lineal foot - depending upon the type of coating. The estimated cost for a post
and cable design is approximately $120 per lineal foot.
The wood lodge pole design has been used in recent park improvement projects. It was installed as
the new perimeter fence around Bartlett Park, as barriers around the Senior Center in Central Park
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File #:19-1214 MEETING DATE:12/16/2019
parking lot, the Shipley Nature Center lot and the refurbished lot at the Park Bench Café - all are
located in Central Park. Wood lodge pole was also utilized at Harriet M. Wieder Regional Park. That
railing has been in place since 1996, when the park was originally developed, and remains in sturdy
condition.
While the State funding for the project is a special appropriation and not a grant, it is still being
administered by the State Parks Office of Grants and Local Services. As such, the City is required to
proceed with the normal State grant protocol. On September 16, 2019, City Council passed a
Resolution 2019-58 approving the application for the specified funding. Staff is currently working on
the grant application, which is due to the State by January 1, 2020. Depending upon final cost
estimates, additional funds beyond the $1.7 million in State funding may be needed to complete the
improvement project. In that case, staff would return to City Council and request approval to
appropriate Park Development Impact Funds to offset the difference.
Since the project area is located within the Downtown Specific Plan, the design of the guardrail was
subject to approval by the Design Review Board (DRB). The DRB unanimously approved the design
and material of the wood lodge pole on November 14, 2019. While projects going before the DRB do
not require direct public noticing, Community Services conducted a public input meeting at the
November 13, 2019, Community Services Commission meeting. Notices of the proposed
improvements were sent to residents and businesses within 1,000 feet of the project area and were
posted in the local newspaper, the City’s public bulletin board, as well as on the Community Services
Department webpage. Only one public comment was received at the Commission meeting, and no
public comments were received at the DRB meeting.
Based upon the information provided, staff is recommending that City Council concur with the
recommendation by the Design Review Board, and approve the design and material for the guardrail
as presented.
Environmental Status:
Staff has reviewed the subject request and determined it to be categorically exempt from the
California Environmental Quality Act (CEQA) pursuant to HBZSC 245.08(F).
Strategic Plan Goal:
Enhance and maintain infrastructure
Attachment(s):
1. Proposed Wood Lodge Pole Design
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PROPOSED WOOD LODGE POLE DESIGN
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City of Huntington Beach
File #:19-1227 MEETING DATE:12/16/2019
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:
Continue Environmental Impact Report No. 17-001, General Plan Amendment No. 17-001,
Zoning Map Amendment No. 17-001, Zoning Text Amendment No. 17-005, Local Coastal
Program Amendment No. 17-001, and Development Agreement No. 19-001 to a date uncertain
at the applicant’s request (Magnolia Tank Farm)
Statement of Issue:
The applicant has requested a continuance to a date uncertain (Attachment No. 1).
Financial Impact:
Not applicable
Recommended Action:
Continue Environmental Impact Report No. 17-001, General Plan Amendment No. 17-001, Zoning
Map Amendment No. 17-001, Zoning Text Amendment No. 17-005, Local Coastal Program
Amendment No. 17-001, and Development Agreement No. 19-001 to a date uncertain at the
applicant’s request.
Attachment(s):
1. Continuance letter from applicant dated December 11, 2019
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City of Huntington Beach
File #:19-1230 MEETING DATE:12/16/2019
Submitted by Councilmember Posey - Direct staff to develop updates to the City’s Annual
Beach Parking Pass Program to allow for reduced-fee Disabled Passes
Based on my assessment of this overall situation, I am requesting that the City Council vote to direct
staff to analyze and bring back in Q1-2020 modifications to the Beach Parking Pass program that
would result in disabled residents being able to acquire no-cost or low-cost disabled Beach Parking
Passes for formal City Council consideration.
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CITY OF HUNTINGTON BEACH
CITY COUNCIL MEETING – COUNCIL MEMBER ITEMS REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: MIKE POSEY, CITY COUNCIL MEMBER
DATE: DECEMBER 16, 2019
SUBJECT: DIRECTING STAFF TO DEVELOP UPDATES TO THE CITY’S ANNUAL BEACH PARKING
PASS PROGRAM TO ALLOW FOR REDUCED‐ FEE DISABLED PASSES
BACKGROUND
Currently, the City coordinates a Beach Parking Pass program. Through that initiative, individuals who
purchase a Beach Parking Pass are allowed to park, at no additional cost, in the following City facilities:
All beach parking lots from Beach Boulevard to the Pier
The Pier Plaza “Pay & Display” lots
Metered parking lots between Goldenwest Street and Seapoint Street
Metered parking spaces along Pacific Coast Highway
The parking lot adjacent to the Warner Avenue Fire Station where the boat ramp is located
The Main Promenade Parking Structure at 200 Main Street
Of note, there also several current program restrictions, including:
The Beach Parking Pass does not allow for parking in the Strand Parking Structure
Passes are not valid for on‐street parking between 10:30 pm and 5:00 am
Beach Parking Passes are only available for vehicles that are less than 20 feet in length
Pursuant to the City’s current fee schedule, Disabled Beach Parking Passes currently cost $75.00 / year
($6.25 / month). Historically, the City has at times provided Disabled Beach Parking Passes at no cost,
and I am requesting that the City Council consider directing staff to research possible program
modifications that would result in Beach Parking Passes being made available at minimal to no‐cost for
our disabled residents.
RECOMMENDED ACTION
Based on my assessment of this overall situation, I am requesting that the City Council vote to direct
staff to analyze and bring back in Q1‐2020 modifications to the Beach Parking Pass program that would
result in disabled residents being able to acquire no‐cost or low‐cost disabled Beach Parking Passes for
formal City Council consideration.
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