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AGENDA
CITY COUNCIL/PUBLIC FINANCING AUTHORITY
Monday, March 2, 2020
Council Chambers
2000 Main Street
Huntington Beach, CA 92648
Study Session - 4:00 PM / Closed Session - 5:00 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 CUTCHEN, City Treasurer
1
AGENDA March 2, 2020City 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 STUDY SESSION / CLOSED SESSION ITEMS (3 Minute
Time Limit)
STUDY SESSION
20-14531.Mid Year Joint Meeting of the Citizen Participation Advisory Board
(CPAB) and City Council to review Community Development Block
Grant (CDBG) Recommendations 2020-21 - Staff and CPAB
Committee
Roll Call - CPAB - Peter Andres (Vice Chair), Shelly Grace-Bowers
(Chair), Chris Byrne, Gigi Jackson (Secretary), Mike Massie, Paul
Morrow, Donna Traversi
a) Five Year Consolidated Plan - Tim Gottgetreu, Western
Economics
b) Regional Analysis of Impediment to Fair Housing Choice - Diane
Glauber, Lawyers Committee for Civil Rights Under Law
20-14632.Year End Audit Results and Mid-Year Budget Update
RECESS TO CLOSED SESSION
CLOSED SESSION ANNOUNCEMENT(S)
20-14613.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, Assistant City
Page 1 of 5
2
AGENDA March 2, 2020City Council/Public Financing
Authority
Manager and Robert Handy, Chief of Police, regarding the following:
Huntington Beach Municipal Teamsters (HBMT); Management
Employees' Organization (MEO); and Police Officer's Association
(POA).
CLOSED SESSION
20-14564.Pursuant to Government Code § 54956.9(d)(2), the City Council shall
recess into Closed Session to confer with the City Attorney
regarding a matter involving a Threat of Litigation (1), and a matter
involving Potential Litigation (1).
20-14575.Pursuant to Government Code § 54956.9(d)(1), the City Council shall
recess into Closed Session to confer with the City Attorney
regarding the following lawsuit: Moore (Neal) v. City of Huntington
Beach, et al.; OCSC Case No. 30-2019-01071686.
20-14596.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, Assistant City Manager and Robert
Handy, Chief of Police, regarding the following: Huntington Beach
Municipal Teamsters (HBMT); Management Employees' Organization
(MEO); and Police Officer's Association (POA).
20-14607.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 Workers’ Compensation Claims:
a. Jeffrey T. Huss v. City of Huntington Beach; Workers’ Comp.
Case No. COHB-18-0071.
b. Dennis Fulton v. City of Huntington Beach; Workers’ Comp. Case
No. COHB-17-0078.
6:00 PM – COUNCIL CHAMBERS
RECONVENE CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING
ROLL CALL
Posey, Delgleize, Hardy, Semeta, Peterson, Carr, Brenden
Page 2 of 5
3
AGENDA March 2, 2020City Council/Public Financing
Authority
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.
20-13808.Marsha Rechsteiner of Saints Simon and Jude Catholic Church and
member of the Greater Huntington Beach Interfaith Council
CLOSED SESSION REPORT BY CITY ATTORNEY
AWARDS AND PRESENTATIONS
20-13749.Mayor Semeta to proclaim March 7 as California Arbor Day and
present proclamation to members of the HB Trees Society.
20-143610.Mayor Semeta to call on members of the City’s Sister City
Association who will promote the Annual Cherry Blossom Festival
held March 13-15 in Central Park.
20-143711.Mayor Semeta to present her “Making a Difference Award” to
Huntington Harbour Boat Rentals and volunteers with Surfrider
Foundation for their countless hours in keeping the Harbour clean.
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution)
PUBLIC COMMENTS (3 Minute Time Limit)
COUNCIL COMMITTEE - APPOINTMENTS - LIAISON REPORTS, AB 1234 REPORTING, AND
OPENNESS IN NEGOTIATIONS DISCLOSURES
CITY MANAGER'S REPORT
CONSENT CALENDAR
20-143312.Approve and Adopt Minutes
Approve and adopt the City Council/Public Financing Authority regular meeting minutes
dated February 3, 2020 , as written and on file in the office of the City Clerk.
Recommended Action:
Page 3 of 5
4
AGENDA March 2, 2020City Council/Public Financing
Authority
20-144613.Approve Cal OES Violence Against Women Act Grant (LE19036860)
for the 2020 calendar year which includes accepting the grant
between the State of California, Governor’s Office of Emergency
Services (Cal OES) and the City; authorize the Chief of Police to
execute documents; approve the appropriation of $203,143 which is
fully reimbursed by the grant from Cal OES; and, amend the
Professional Services Listing to include provided domestic violence
services
A) Accept the grant between the State of California, Governor’s Office of Emergency
Services (Cal OES) and the City of Huntington Beach; and,
B) Assign authority to the Chief of Police as the official to execute and sign for the award
and to approve amendments and extensions; and,
C) Appropriate $203,143 for the Violence against Women Program costs, all of which will
be reimbursed by the grant from Cal OES; and,
D) Amend the Professional Services Listing to include domestic violence services in the
amount of $270,857.
Recommended Action:
20-141014.Award and authorize execution of a construction contract with All
American Asphalt Company in the amount of $5,181,955.00 for the
FY19/20 Arterial Rehabilitation Project, CC-1576; and, authorize the
appropriation of funds
A) Appropriate $426,770 from the RMRA Fund (1247) to the RMRA Fund, Account
124790003.82300; and,
B) Accept the lowest responsive and responsible bid submitted by All American Asphalt
Company in the amount of $5,181,955.00; and,
C) Authorize the Mayor and City Clerk to execute a construction contract in a form
approved by the City Attorney.
Recommended Action:
20-144115.Accept the lowest responsive and responsible bid and authorize
execution of a construction contract with R.J. Noble Company in the
amount of $2,551,614 for the Residential Overlay Zone 9 Project,
CC-1596; and, authorize the appropriation of funds
Page 4 of 5
5
AGENDA March 2, 2020City Council/Public Financing
Authority
A) Appropriate $178,685 from Gas Tax Fund (207) to Account 20790057.82300; and,
B) Accept the lowest responsive and responsible bid submitted by R.J. Noble Company
in the amount of $2,551,614; and,
C) Authorize the Mayor and City Clerk to execute a construction contract in a form
approved by the City Attorney.
Recommended Action:
20-130216.Adopt Ordinance No. 4203 approving Zoning Map Amendment No.
19-002 rezoning property located at the terminus of Park Avenue in
Huntington Harbour (Park Avenue Rezone)
Approved for introduction 2-18-2020 - Vote: 7-0
Adopt Ordinance No. 4203, “An Ordinance of the City of Huntington Beach Amending the
Huntington Beach Zoning and Subdivision Ordinance to Rezone the Real Property
Located at the Terminus of Park Avenue in Huntington Harbour from OS-WR-CZ-FP2
(Open Space-Water Recreation - Coastal Zone Overlay - Floodplain Overlay) to
RL-CZ-FP2 (Residential Low Density - Coastal Zone Overlay - Floodplain Overlay)
(Zoning Map Amendment No. 19-002)” (Attachment No. 3).
Recommended Action:
COUNCILMEMBER COMMENTS (Not Agendized)
ADJOURNMENT
The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority is
Monday, March 16, 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 5 of 5
6
City of Huntington Beach
File #:20-1453 MEETING DATE:3/2/2020
Mid Year Joint Meeting of the Citizen Participation Advisory Board (CPAB) and City Council to
review Community Development Block Grant (CDBG) Recommendations 2020-21 - Staff and
CPAB Committee
Roll Call - CPAB - Peter Andres (Vice Chair), Shelly Grace-Bowers (Chair), Chris Byrne, Gigi Jackson
(Secretary), Mike Massie, Paul Morrow, Donna Traversi
a) Five Year Consolidated Plan - Tim Gottgetreu, Western Economics
b) Regional Analysis of Impediment to Fair Housing Choice - Diane Glauber,
Lawyers Committee for Civil Rights Under Law
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City of Huntington Beach
File #:20-1463 MEETING DATE:3/2/2020
Year End Audit Results and Mid-Year Budget Update
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February 18, 2020
Presented by
the Finance Department 9
Overview
FY 2018/19 Audit and Year-End Results
FY 2019/20 Mid Year Budget Update
FY 2020/21 Budget Outlook
Pensions and Unfunded Liabilities
FY 2020/21 Budget Development Calendar
2
10
FY 2018/19 Financial Results
Audit and Year-End Overview
Audit and Year-End
Overview
3
11
FY 2018/19 Audit Results
Auditing firm of Davis Farr LLP audited the
City’s financial statements and internal
controls
FY 2018/19 Comprehensive Annual
Financial Report (CAFR) received an
Unmodified (Clean) Audit Opinion
The City’s CAFR is award winning –
received the Government Finance Officers
Association’s (GFOA) Excellence in
Financial Reporting Award for 33 years
4
12
Audit Results
Reports issued:
Comprehensive Annual Financial Report
Issued “unmodified” opinion on December 17, 2019
This is the highest opinion possible
AU-C 260 Letter: Auditor Communications
Appropriations Limit Agreed-Upon Procedures
AQMD Report
Single Audit Report
5
13
Internal Controls
Evaluated controls over key accounting cycles:
Billing and Cash Receipting
Purchasing and Cash Disbursements
Payroll
Banking and Investing
Grant Management
Information Systems
No material weaknesses or significant deficiencies in internal
controls were reported
No instances of noncompliance of laws and regulations that auditors
believe are direct and material to the financial statements
6
14
Areas of Audit Focus in FY 18/19
7
Pension
Obligations
Testing of offsite
cash receipting
at Police
Department
Tested
calculation of
claims payable
OPEB
Obligations
Testing of Capital
Asset activities
Single Audit:
Testing of CDBG
Grant
15
FY 2018/19 Performance (Audited)
8
Government-Wide Highlights: All Funds
Description In Thousands
ASSETS
Current and Other Assets $323,714
Capital Assets 854,165
Total Assets 1,177,879
Deferred Outflows -Pensions 70,705
LIABILITIES
Current and Other Liabilities 24,739
Long-Term Obligations*527,500
Total Liabilities 552,239
Deferred Inflows -Pensions 13,401
TOTAL NET POSITION $682,944
* Reflects GASB 68 recording of Net Pension Liability of $421.0 million and GASB 75
recording of Net OPEB Liability $6.6 million
16
FY 2018/19 General Fund
(Audited)
9
Description Amount
(in Thousands)
Total Revenues*$ 236,631
Total Expenditures 215,469
Excess of Revenue Over Expenditures $21,162
Transfers In 13
Transfers Out (10,796)
Net Change in General Fund Balance $ 10,379
* Includes one-time revenues totaling $4.5M comprised of the following:
-Sales Tax Back Payments from 2018 totaling $2.23M
-Settlements of $616k
-Fire Strike Team Revenues of $1.12M
-Other State, County, and Developer revenues totaling $534k
17
General Fund Balance
FY 2018/19 Audited (In Thousands)
10
Fund Balance Category FY 16/17
Audited
FY 17/18
Audited
FY 18/19
Audited
Total Nonspendable, Restricted,
Committed, and Assigned Fund Balances
61,180 61,004 72,763*
Unassigned -2,734 -
Total Fund Balance 61,180 63,738 72,763
Section 115 Trust Bank Balance -4,896 6,250
Total with Section 115 Trust $61,180 $68,634 $79,013
* Includes $16 million Strategic Planning Initiative Assignment
18
FY 2019/20
General Fund
Budget Overview
19
FY 2019/20 Budget Update
12
Fiscal Prudence
Active monitoring and control to ensure balanced budget
Includes 1% target reductions (does not include personnel
costs)
General Fund Year-End Projection
Estimated Revenue $236.9 M
Estimated Expenses $232.2 M
Estimated Surplus $ 4.7 M
20
Potential Uses of One-Time Funds
Strategic Planning Initiative Reserve –$16 million as of 6/30/2019
Estimated Excess Surplus FY 19/20 –$4.7 million
Potential uses of one-time funds:
Save For A Rainy Day
Fund Pension Liabilities (Section 115 Trust + Pension Stabilization Reserve)
One-Time Infrastructure (Facilities / Parks)
Future Homeless Shelter Capital Costs
One Time Equipment Needs
13
21
FY 2020/21
Budget Development
22
Economic Indicators
15
The Dow Jones is up 22.3%, S&P up 28.9%, and NASDAQ is up 35.2% -annual
increase as of December 2019
GDP increased 2.3% from December 2018 to December 2019
The CPI for the Los Angeles and Orange County in December 2019 increased
3.0% over the last 12 months
Orange County Unemployment 2.4% December 2019
HB Median Single Family Residential Sales Price increased by 3.4% from
$775,000 in 2018 to $801,000 in 2019
HB Single Family Residential home sales decreased by 5.9% from 1,982 home
sales in 2018 to 1,866 home sales in 2019
Current Economic Expansion Longest on Record over 10.5 years as of January
2020. Prudent to plan for possible recession.
23
Pensions and
Unfunded Liabilities
24
Net Pension Liabilities Overview
as of 6/30/19
Type of Liability
Amount*
(000)
%
Funded
CalPERS (Safety)270,107 64.8%
CalPERS (Misc)166,066 71.5%
Subtotal 436,173 67.7%
Retiree Medical (Safety)3,332 90.0%**
Retiree Medical (Misc)-100%
Retiree Supplemental (w/Section 115)6,523 90.9%**
TOTAL 446,028
17
* Net Pension and/or Unfunded Liability amounts are not constant and are subject to annual change for market conditions, demographics and actuarial methodology.
CalPERS Liability is based on actuarial valuations as of June 30, 2018.
** Projected to be ~100% funded as of 6/30/2020 with additional contributions being made in current FY 2019/20.25
UAL Cost Increase Impact on HB
HB’s annual UAL payment costs (i.e., our mortgage payments) have
increased dramatically during the past decade, and will continue to
increase until 2031
FY 2004/05 No UAL Payment
FY 2008/09 UAL Payment $4.58 million
FY 2018/19 UAL Payment $24.93 million
FY 2030/31 UAL Payment $46.02 million
In the past 10 years (from 2009-2019), our annual UAL payment has
increased a staggering 444%, from $4.58 million to $24.93 million
By FY 2030/2031, our UAL payment is projected to increase by 85%
over FY 2018/2019, from $24.93 million to $46.02 million
This equates to a $21.09 million annual cost increase!!!
18
26
$(5,000)
$-
$5,000
$10,000
$15,000
$20,000
$25,000
$30,000
FY 04/05 FY 05/06 FY 06/07 FY 07/08 FY 08/09 FY 09/10 FY 10/11 FY11/12 FY12/13 FY13/14 FY14/15 FY15/16 FY16/17 FY17/18 FY18/19
City of Huntington Beach
UAL Payment Amounts
FY 2004/05 –FY 2018/19
(in thousands)
$24.93M
No UAL
Payment
19
$4.58M
27
Pension Obligation Bond Savings
20
-
10,000
20,000
30,000
40,000
50,000
CalPERS UAL Proposed Debt ServiceAnnual Payment(In thousands)* FY 30/31 represents peak of annual payment –$21.09 million or 85% increase from FY 18/19
** Proposed Pension Obligation Bond Debt Service
$46M*
Estimated Savings
$173 Million
$27.6M**
28
Long Term Financial Planning
29
Five-Year Financial Plan –General Fund*
(in thousands)
without POB
22
Category
Adopted FY
19/20
Projected FY
19/20
Projected FY
20/21
Projected FY
21/22
Projected FY
22/23
Projected FY
23/24
Projected FY
24/25
Salaries 101,830 101,276 102,381 104,082 105,658 107,258 108,882
CalPERS Normal Cost 13,296 13,296 14,106 14,382 14,646 14,917 15,195
CalPERS UAL 26,191 26,191 29,506 32,501 34,948 36,465 38,149
Pension Stabilization Reserve --4,523 4,523 4,523 4,523 4,523
Other Benefits 29,205 27,639 24,023 24,807 25,536 26,287 27,060
Operating 40,523 41,981 42,821 43,249 43,682 44,118 44,560
Infrastructure 4,000 4,000 5,000 5,200 5,400 5,600 5,800
Equipment 4,651 4,651 4,651 4,651 4,651 4,651 4,651
Other Capital 317 750 -----
POB Debt Service -------
Debt Service/Transfers 11,609 12,413 10,968 10,818 10,413 10,413 9,663
Total Expenditure 231,621 232,197 237,978 244,212 249,456 254,232 258,483
GF Recurring Revenue 230,840 236,878 240,311 244,516 249,018 253,659 258,288
(Challenge)/Surplus (781)4,681 2,333 304 (438)(573)(195)
YOY Revenue $5,342 3,433 4,205 4,502 4,641 4,630
YOY Revenue %2%1%2%2%2%2%
*Does not factor in recession
30
Five-Year Financial Plan –General Fund*
(in thousands)
with POB
23
Category
Adopted FY
19/20
Projected FY
19/20
Projected FY
20/21
Projected FY
21/22
Projected FY
22/23
Projected FY
23/24
Projected FY
24/25
Salaries 101,830 101,276 102,381 104,082 105,658 107,258 108,882
CalPERS Normal Cost 13,296 13,296 14,106 14,382 14,646 14,917 15,195
CalPERS UAL 26,191 26,191 -----
Pension Stabilization Reserve --4,523 4,523 4,523 4,523 4,523
Other Benefits 29,205 27,639 24,023 24,807 25,536 26,287 27,060
Operating 40,523 41,981 42,821 43,249 43,682 44,118 44,560
Infrastructure 4,000 4,000 5,000 5,200 5,400 5,600 5,800
Equipment 4,651 4,651 4,651 4,651 4,651 4,651 4,651
Other Capital 317 750 -----
POB Debt Service --24,983 24,983 24,984 24,984 24,985
Debt Service/Transfers 11,609 12,413 10,968 10,818 10,413 10,413 9,663
Total Expenditure 231,621 232,197 233,456 236,694 239,492 242,751 245,319
GF Recurring Revenue 230,840 236,878 240,311 244,516 249,018 253,659 258,288
(Challenge)/Surplus (781)4,681 6,856 7,822 9,526 10,908 12,970
YOY Revenue $5,342 3,433 4,205 4,502 4,641 4,630
YOY Revenue %2%1%2%2%2%2%
*Does not factor in recession
31
Summary Comparison –POB vs. No POB
$(2,000)
$-
$2,000
$4,000
$6,000
$8,000
$10,000
$12,000
$14,000
FY 2020/21 FY 2021/22 FY 2022/23 FY 2023/24 FY 2024/25Surplus / (Challenge)(in thousands)5-Year General Fund Outlook
POB vs. No POB
POB
No POB
24
32
Community & Organizational Needs
Homelessness Response
Fund establishment of a temporary shelter
Fund additional police officers to enforce quality of life regulations
Quality of Life Improvements
Need for additional code enforcement officers
Capital Needs
Significant infrastructure, park, facility, and capital replacement needs
Labor Relations
6 of the City’s bargaining units currently have expired labor agreements
4-years since the City provided our last general wage increase
Current economy / job market is extremely competitive
Financial Planning
Currently in the longest period of sustained economic growth… ever.
We need to be planning for a possible future recession
25
33
City Council Policy Options
As staff has assessed all of our options, we continue to believe that
refinancing our UAL pension debt is the most responsible and
fiscally conservative way to address our current fiscal challenges
Based on our long-term financial modeling, we can survive without
refinancing our pension debt, but that scenario will result in
significant financial constraints for the next 15 years
Refinancing our UAL pension debt provides us the opportunity to
prudently address existing debt loads, while providing the City with
the opportunity and resources to thoughtfully address community
priorities
26
34
FY 2020/21 Proposed Budget Calendar
27
Description Date
FY 19/20 Mid-Year Study Session February 18, 2020
FY 20/21 CIP & Proposed Budget Study Session May 18, 2020
Public Hearing:Budget Adoption June 1, 2020
Public Hearing: Budget Adoption (Alternate Date)June 15, 2020
FY 20/21 Begins July 1, 2020
35
Questions
36
City of Huntington Beach
File #:20-1461 MEETING DATE:3/2/2020
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, Assistant City Manager and
Robert Handy, Chief of Police, regarding the following: Huntington Beach Municipal
Teamsters (HBMT); Management Employees' Organization (MEO); and Police Officer's
Association (POA).
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City of Huntington Beach
File #:20-1456 MEETING DATE:3/2/2020
Pursuant to Government Code § 54956.9(d)(2), the City Council shall recess into Closed
Session to confer with the City Attorney regarding a matter involving a Threat of Litigation (1),
and a matter involving Potential Litigation (1).
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City of Huntington Beach
File #:20-1457 MEETING DATE:3/2/2020
Pursuant to Government Code § 54956.9(d)(1), the City Council shall recess into Closed
Session to confer with the City Attorney regarding the following lawsuit: Moore (Neal) v. City
of Huntington Beach, et al.; OCSC Case No. 30-2019-01071686.
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City of Huntington Beach
File #:20-1459 MEETING DATE:3/2/2020
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, Assistant City Manager and Robert Handy, Chief of Police,
regarding the following: Huntington Beach Municipal Teamsters (HBMT); Management
Employees' Organization (MEO); and Police Officer's Association (POA).
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City of Huntington Beach
File #:20-1460 MEETING DATE:3/2/2020
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 Workers’ Compensation
Claims:
a. Jeffrey T. Huss v. City of Huntington Beach; Workers’ Comp. Case No. COHB-18-
0071.
b. Dennis Fulton v. City of Huntington Beach; Workers’ Comp. Case No. COHB-17-
0078.
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City of Huntington Beach
File #:20-1380 MEETING DATE:3/2/2020
Marsha Rechsteiner of Saints Simon and Jude Catholic Church and member of the Greater
Huntington Beach Interfaith Council
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City of Huntington Beach
File #:20-1374 MEETING DATE:3/2/2020
Mayor Semeta to proclaim March 7 as California Arbor Day and present proclamation to
members of the HB Trees Society.
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City of Huntington Beach
File #:20-1436 MEETING DATE:3/2/2020
Mayor Semeta to call on members of the City’s Sister City Association who will promote the
Annual Cherry Blossom Festival held March 13-15 in Central Park.
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City of Huntington Beach
File #:20-1437 MEETING DATE:3/2/2020
Mayor Semeta to present her “Making a Difference Award” to Huntington Harbour Boat
Rentals and volunteers with Surfrider Foundation for their countless hours in keeping the
Harbour clean.
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City of Huntington Beach
File #:20-1433 MEETING DATE:3/2/2020
REQUEST FOR CITY COUNCIL/SUCCESSOR AGENCY ACTION
SUBMITTED TO:Honorable Mayor/Chair and City Council/Board Members
SUBMITTED BY:Robin Estanislau, CMC, City/Agency Clerk
PREPARED BY:Robin Estanislau, CMC, City/Agency Clerk
Subject:
Approve and Adopt Minutes
Statement of Issue:
The City Council/Public Financing Authority regular meeting minutes dated February 3, 2020 require
review and approval.
Financial Impact:
None.
Recommended Action:
Approve and adopt the City Council/Public Financing Authority regular meeting minutes dated
February 3, 2020, 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. February 3, 2020 CC/PFA regular meeting minutes
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Minutes
City Council/Public Financing Authority
City of Huntington Beach
Monday, February 3, 2020
4:00 PM - Council Chambers
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/
4:00 PM — COUNCIL CHAMBERS
CALL TO ORDER — 4:00 PM
ROLL CALL
Present: Posey, Delgleize (arrived at 4:10 PM), Hardy, Semeta, Peterson, Carr, and Brenden
Absent: None
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution)
— None
PUBLIC COMMENTS PERTAINING TO CLOSED SESSION ITEMS (3 Minute Time Limit) — None
A motion was made by Brenden, second by Carr to recess to Closed Session for Items 3 – 7. With no
objections, the motion passed.
RECESSED TO CLOSED SESSION — 4:01 PM
CLOSED SESSION ANNOUNCEMENT(S)
1. 20-1385 Mayor Semeta announced: 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, Assistant City Manager and Robert Handy, Chief of Police, regarding the
following: Huntington Beach Municipal Teamsters (HBMT); Management
Employees’ Organization (MEO); and Police Officer’s Association (POA).
2. 20-1386 Mayor Semeta announced: Pursuant to Government Code § 54956.8, the City
Council takes this opportunity to publicly introduce and identify designated
property negotiator; City Manager, Oliver Chi, who will be participating in today’s
Closed Session discussion regarding negotiations with Mitsuru Yamada Living
Trust concerning price and terms of payment for the disposition of real property
located on a portion of 17631 Cameron Lane, Huntington Beach, California.
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CLOSED SESSION
3. 20-1376 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, two (2).
4. 20-1382 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:
Rosier (Maliek) v. City of Huntington Beach, et al.; USDC Case No.: SACV 18-2175
DOC (DFMx).
5. 20-1383 Pursuant to Government Code § 54957.6, the City Council recessed into Closed
Session to meet with its designated labor negotiator: Oliver Chi, City Manager and
Peter Brown; also in attendance: Travis Hopkins, Assistant City Manager and
Robert Handy, Chief of Police, regarding the following: Huntington Beach Municipal
Teamsters (HBMT); Management Employees’ Organization (MEO); and Police
Officer’s Association (POA).
6. 20-1384 Pursuant to Government Code § 54956.8, the City Council recessed to Closed
Session to give instructions to the City’s Negotiator, Oliver Chi, City Manager,
regarding negotiations with Mitsuru Yamada Living Trust concerning price and
terms of payment for the disposition of real property located on a portion of 17631
Cameron Lane, Huntington Beach, California.
7. 20-1387 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.
6:00 PM - COUNCIL CHAMBERS
RECONVENED CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING — 6:00 PM
ROLL CALL
Present: Posey, Delgleize, Hardy, Semeta, Peterson, Carr, and Brenden
Absent: None
PLEDGE OF ALLEGIANCE — Led by City Attorney Michael Gates
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. 20-1378 Rev. James Pike of Lutheran Church of the Resurrection and member of the Greater
Huntington Beach Interfaith Council
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CLOSED SESSION REPORT BY CITY ATTORNEY — City Attorney Gates reported that by a vote of
4 – 3 (Hardy, Semeta, Peterson — No), the City Council directed that City Attorney and associated staff
leave the room during discussions on Closed Session Item No. 5 — Labor Negotiations.
AWARDS AND PRESENTATIONS
9. 20-1377 Mayor Semeta announced February as National African American History Month
Mayor Semeta recognized the contributions that African-Americans have made to American history in
their struggles for freedom and equality. The theme of this year's observance, African-Americans and
the Vote, coincides with the 150th Anniversary of the Fifteenth Amendment which gave African-American
men the right to vote.
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution)
Pursuant to the Brown “Open Meetings” Act, City Clerk Robin Estanislau announced supplemental
communications that were received by her office following distribution of the Council Agenda packet:
Administrative Items
#21 (20-1375)
City Council Interoffice Communication and Executive Summary entitled “Community Choice Energy
Feasibility Study and Technical Assessment” submitted by Travis Hopkins, Assistant City Manager.
Letters and petition for Community Choice Energy (CCE) submitted by Jose Trinidad Castaneda III,
Orange County Climate & Energy Advocate & Organizer.
Seventy-six (76) email communications received.
PUBLIC COMMENTS (3 Minute Time Limit)
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.
Ross Dohrmann, representing American Legion Huntington Beach Post #133, was called to speak and
provided a brief history of Post #133's service to Huntington Beach for over 100 years, and announced
that on Saturday, February 15, the community is invited to their First Annual Pancake Breakfast
Fundraiser at Rodgers' Center, 9 a.m. to noon, for a cost of $5. (00:08:46)
Jack Carlino, a 35-year resident of Huntington Beach, was called to speak and announced that on
February 15, a new dance studio is opening up on Graham near McFadden to provide an alternative to
the plethora of sports activities available in the City. (00:10:53)
Vanessa Martinez, a resident of Huntington Beach, was called to speak and stated her opposition to
Agenda Item 21 (20-1375) regarding a Community Choice Energy (CCE) Feasibility Study. (00:12:30)
Kathy Carrick, a 45-year resident of Huntington Beach, was called to speak and stated her opposition to
Agenda Item 21 (20-1375) regarding a Community Choice Energy (CCE) Feasibility Study. (00:14:54)
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Tim Geddes, a resident of Huntington Beach for over 30 years, was called to speak and stated his
support for Agenda Item 21 (20-1375) regarding a Community Choice Energy (CCE) Feasibility Study.
(00:17:39)
Diana Zimmer, a resident and business owner in Huntington Beach, was called to speak and stated her
opposition to Agenda Item 21 (20-1375) regarding a Community Choice Energy (CCE) Feasibility Study.
(00:20:35)
Yvonne Mauro, a long-time resident of Huntington Beach, was called to speak and stated her opposition
to Agenda Item 21 (20-1375) regarding a Community Choice Energy (CCE) Feasibility Study. (00:23:55)
Cari Swan, a resident of Huntington Beach, was called to speak and stated her opposition to Agenda
Item 20 (20-1357) regarding the Beach Edinger Corridors Specific Plan amendment, and her support for
Agenda Item 21 (20-1375) regarding a Community Choice Energy (CCE) Feasibility Study, Option B.
(00:26:33)
Michael Gioan, a 30-year resident of Huntington Beach, was called to speak and stated his opposition to
Agenda Item 21 (20-1375) regarding a Community Choice Energy (CCE) Feasibility Study. (00:29:39)
Rob Pool, a resident of Huntington Beach, was called to speak and stated his opposition to Agenda Item
21 (20-1375) regarding a Community Choice Energy (CCE) Feasibility Study, Option C, and provided
support for Option B. (00:32:52)
Sharon Messick, a resident of Huntington Beach, was called to speak and stated her opposition to
Agenda Item 21 (20-1375) regarding a Community Choice Energy (CCE) Feasibility Study, and her
support for Option B. (00:35:58)
Nancy Buchoz, a 40-year resident of Huntington Beach, was called to speak and stated her opposition to
Agenda Item 21 (20-1375) regarding a Community Choice Energy (CCE) Feasibility Study, Option C,
and provided support for Option B. (00:39:14)
Claudia Perez Figeroa, Senior Field Representative for Assemblywoman Petrie Norris, was called to
speak and announced that nominations for the Annual 74th Assembly District Woman of the Year and
Woman of Distinction Celebration are now open, and encouraged the community to nominate a woman
who has made a positive impact on the community. Further information can be found on
Assemblywoman Petrie Norris's website. (00:42:54)
Linda Moon, a Huntington Beach resident and homeowner since 1974, and representing Orange County
League of Conservation Voters, was called to speak and stated support for Agenda Item 21 (20-1375)
regarding a Community Choice Energy (CCE) Feasibility Study. (00:44:06)
Dr. Kathleen Treseder, resident of Irvine and Co-Chair of Irvine's Community Choice Energy
Stakeholders Committee, was called to speak and stated her support for Agenda Item 21 (20-1375)
regarding a Community Choice Energy (CCE) Feasibility Study. (00:47:25)
Jose Castaneda was called to speak and stated his support for Agenda Item 21 (20-1375) regarding a
Community Choice Energy (CCE) Feasibility Study. (00:49:46)
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Don Forrester, a Huntington Beach homeowner since 1977, was called to speak and asked for Police
Department assistance to address the issue of increased vehicle street noise, especially on the
weekends, in the area of Palm and Goldenwest, between Yorktown and Pacific Coast Highway (PCH).
(00:53:04)
Ayn Craciun, resident of Irvine and member of Irvine's Community Choice Energy Stakeholders
Committee, was called to speak and stated her support for Agenda Item 21 (20-1375) regarding a
Community Choice Energy (CCE) Feasibility Study. (00:54:47)
Dan Kalmick was called to speak and stated his support for Agenda Item 21 (20-1375) regarding a
Community Choice Energy (CCE) Feasibility Study. (00:57:59)
Dave Sullivan, 51-year resident of Huntington Beach who has served as Mayor several times, was called
to speak and stated his opposition to Agenda Item 21 (20-1375) regarding a Community Choice Energy
(CCE) Feasibility Study. (01:01:15)
Craig Sheets was called to speak and shared his opinions on various local and world situations.
(01:04:29)
Michael Hoskinson, former member of the Huntington Beach Planning Commission, was called to speak
and stated his opposition to Agenda Item 21 (20-1375) regarding a Community Choice Energy (CCE)
Feasibility Study. (01:07:50)
Steve Shepherd, resident of Huntington Beach and an Orange County Community Choice Aggregation
(CCA) Activist, was called to speak and stated his support for Agenda Item 21 (20-1375) regarding a
Community Choice Energy (CCE) Feasibility Study, Option C. (01:10:39)
Ann Parker was called to speak and shared her opinions about sober living homes and homeless issues.
(01:14:25)
Thomas Gould, resident of Huntington Beach, was called to speak and stated his opposition to Agenda
Item 21 (20-1375) regarding a Community Choice Energy (CCE) Feasibility Study. (01:17:31)
Hildy Meyers, a 23-year resident of Huntington Beach, was called to speak and stated her support for
Agenda Item 21 (20-1375) regarding a Community Choice Energy (CCE) Feasibility Study, Option C.
(01:19:53)
Kimberly Adams was called to speak and stated her support for Agenda Item 21 (20-1375) regarding a
Community Choice Energy (CCE) Feasibility Study, Option C. (01:21:02)
Beverly Sansone, a resident of Huntington Beach, was called to speak and stated her support for
Agenda Item 21 (20-1375) regarding a Community Choice Energy (CCE) Feasibility Study, Option C.
(01:23:38)
Jerry Barry, a resident of Huntington Beach for over 50 years, was called to speak and stated his support
for Agenda Item 21 (20-1375) regarding a Community Choice Energy (CCE) Feasibility Study, Option B,
and opposition to Item 20 (20-1357) regarding the Beach and Edinger Corridors Specific Plan
amendment and the 2019 Housing Element Progress Report. (01:25:26)
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Debbie Liu, resident of Newport Coast, was called to speak and stated her support for Agenda Item 21
(20-1375) regarding a Community Choice Energy (CCE) Feasibility, Study Option C. (01:27:19)
Eva Weisz, a resident of Huntington Beach, was called to speak and stated her support for Agenda Item
21 (20-1375) regarding a Community Choice Energy (CCE) Feasibility Study, Option B. (01:28:11)
Ray Raines, a 55-year resident of Huntington Beach, was called to speak and stated his opposition to
Agenda Item 21 (20-1375) regarding a Community Choice Energy (CCE) Feasibility Study. (01:30:46)
Paul Berry, a resident of Santa Ana, was called to speak and stated his support for Agenda Item 21 (20-
1375) regarding a Community Choice Energy (CCE) Feasibility Study. (01:34:05)
Audrey Prosser, who lives and works in Huntington Beach, was called to speak and stated her support
for Agenda Item 21 (20-1375) regarding a Community Choice Energy (CCE) Feasibility Study. (01:37:30)
Lorelei Lachman, a resident of Huntington Beach for over 30 years, was called to speak and stated her
support for Agenda Item 21 (20-1375) regarding a Community Choice Energy (CCE) Feasibility.
(01:40:50)
Bethany Webb, HB Huddle member and 40-year resident of Huntington Beach, was called to speak and
stated her support for Agenda Item 21 (20-1375) regarding a Community Choice Energy (CCE)
Feasibility Study. (01:44:03)
COUNCIL COMMITTEE — APPOINTMENTS — LIAISON REPORTS, AB 1234 REPORTING, AND
OPENNESS IN NEGOTIATIONS DISCLOSURES
Councilmember Posey, announced his appointment of Jaclyn Ferlita to the Public Works Commission,
and thanked outgoing Public Works Commissioner Steve Katz for his service during the last five years.
Councilmember Posey reported that as Chair of the Association of California Cities – Orange County
(ACC–OC) Housing Committee he hosted a meeting to explore solutions to Orange County's housing
crisis, and a California League of Cities General Membership meeting about amendments to Proposition
47 and the Keep California Safe movement, the deleterious effects of AB109, and the resulting financial
impact on municipalities. He also reported speaking to the Huntington Beach Police Officers' Association
(POA).
Councilmember Brenden reported speaking to the Huntington Beach Police Officers' Association (POA)
two times.
Councilmember Carr reported attending a California League of California Cities meeting, and having a
conversation with the Huntington Beach Police Officers' Association (POA).
Councilmember Delgleize reported attending an Association of California Cities–Orange County (ACC–
OC) meeting in Sacramento, a meeting of the Jet Noise Commission, a symposium at UCI, and on
behalf of the City met with Southern California Edison Emergency Response Center staff to learn how
they are preparing to handle local area emergency situations.
CITY MANAGER'S REPORT — Assistant City Manager Travis Hopkins provided a PowerPoint
communication entitled Ascon Landfill Site Update that provided updates on the following: continued
stoppage of remediation efforts; citizen-reported maintenance on the southeast area detention
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(stormwater) basin (checked by DTSC and City officials); reported damage to the air monitoring trailer at
Eader Elementary, and continued air monitoring efforts at other sites; Ascon’s efforts to address
stormwater prevention issues; and, efforts to address tenting issues with the Department of Toxic
Substance Control (DTSC) and the Air Quality Manager District (AQMD).
Mayor Semeta inquired, and Manager Hopkins responded that the air monitoring system at Eader
Elementary is expected to be back online within a few weeks.
Councilmember Brenden requested that more clarity and specific detail on dust and odor control,
planning in tenting areas, air monitoring, etc., be provided in future updates.
CITY TREASURER’S REPORT
10. 20-1309 Received and filed the City Treasurer’s December 2019 Quarterly Investment
Summary Report
City Treasurer Alisa Backstrom and Intern Colin Stevens, instructor at Irvine Valley College, jointly
presented a PowerPoint communication entitled City of Huntington Beach Quarterly Investment Report
with slides titled: Economy, Markets, Interest Rates, Portfolio Summary, Investments by Type, Monthly
Activity, Quarterly Activity, Portfolio Earnings, Selected Compliance Requirements, and In Summary.
With no objections, the City Council unanimously received and filed the City Treasurer's Quarterly
Investment Report for December 19, pursuant to Section 17.0 of the Investment Policy of the City of
Huntington Beach.
11. 20-1363 Joint meeting held of the Investment Advisory Board (IAB) and City Council -
Investment Advisory Board Annual Report
IAB Roll Call:
Present: Attardo, Sternberg, Handy, and McKeon
Absent: Urling, Dowds, and Ellett
The IAB presented a PowerPoint communication entitled Investment Advisory Board Annual Report 2019
with slides titled: Investment Advisory Board, 2019 Members, Investment Advisory Board Duties, 2019
Meetings, Activities, Activities Continued, and Conclusion.
A motion was made by Brenden, second Delgleize to receive and file the Investment Advisory Board's
Annual Report.
The motion carried by the following vote:
AYES: Posey, Delgleize, Hardy, Semeta, Peterson, Carr, and Brenden
NOES: None
CONSENT CALENDAR
12. 20-1362 Approved Fiscal Year 2019/20 mid-year budget adjustments, and authorized
additional Professional Services authority
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A motion was made by Posey, second Brenden to approve mid-year budget adjustments to the FY
2019/20 Revised Budget in the Funds and by the amounts contained in Attachment 1; and, authorize
additional Professional Services authority in the Fiscal Year 2019/20 Revised Budget in the departments
and by the amounts contained in Attachment 2.
The motion carried by the following vote:
AYES: Posey, Delgleize, Hardy, Semeta, Peterson, Carr, and Brenden
NOES: None
13. 19-1192 Approved Sole Source Procurement Request with Murcal for hardware and
software upgrades at the City’s Flood Control and Water Pump Stations
A motion was made by Posey, second Brenden to approve Sole Source Procurement Request with
Murcal for hardware and software upgrades at the City's Flood Control and Water Pump Stations.
The motion carried by the following vote:
AYES: Posey, Delgleize, Hardy, Semeta, Peterson, Carr, and Brenden
NOES: None
14. 20-1326 Approved the Escheatment of Unclaimed Funds Pursuant to Government Code
Sections 50050-50057
A motion was made by Posey, second Brenden to review and approve the transfer of $28,320.64 of
unclaimed funds from the City's Unclaimed Funds Liability Account to the City's Miscellaneous Revenue
Account #10000100.48550.10035209 in compliance with Government Code Sections 50050-50057.
The motion carried by the following vote:
AYES: Posey, Delgleize, Hardy, Semeta, Peterson, Carr, and Brenden
NOES: None
15. 20-1335 Adopted Resolution No. 2020-05 ordering the Summary Vacation of a Public Water
Line Easement at 14900 Bolsa Chica Street
A motion was made by Posey, second Brenden to adopt Resolution No. 2020-05, "A Resolution of the
City Council of the City of Huntington Beach Ordering the Summary Vacation of a Public Water Line
Easement on Property Located at 14900 Bolsa Chica Street;" and, instruct the City Clerk to record
Resolution No. 2020-05 (and attachments) with the Orange County Recorder.
The motion carried by the following vote:
AYES: Posey, Delgleize, Hardy, Semeta, Peterson, Carr, and Brenden
NOES: None
16. 20-1353 Adopted Resolution No. 2020-09 approving the 2020 Investment Policy
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A motion was made by Posey, second Brenden to adopt Resolution No. 2020-09, "A Resolution of the
City Council of the City of Huntington Beach Approving the Statement of Investment Policy 2020."
The motion carried by the following vote:
AYES: Posey, Delgleize, Hardy, Semeta, Peterson, Carr, and Brenden
NOES: None
17. 20-1373 Adopted Ordinance Nos. 4193, 4194, 4195, 4196, 4197, 4198 and 4199 — Zoning Text
Amendment No. 19-002 (Huntington Beach Zoning and Subdivision Ordinance
Update)
Approved for introduction 1/21/2020 – Vote: 7-0
A motion was made by Posey, second Brenden to approve Zoning Text Amendment No. 19-002 with
findings (Attachment No. 1) and adopt: Ordinance No. 4193, "An Ordinance of the City Council of the
City of Huntington Beach Amending Chapter 210 of the Huntington Beach Zoning and Subdivision
Ordinance Titled R Residential Districts (Zoning Text Amendment No. 19-002);" Ordinance No. 4194,
"An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 203 of the
Huntington Beach Zoning and Subdivision Ordinance Titled Definitions (Zoning Text Amendment No. 19-
002);" Ordinance No. 4195, "An Ordinance of the City Council of the City of Huntington Beach Amending
Chapter 204 of the Huntington Beach Zoning and Subdivision Ordinance Titled Use Classifications
(Zoning Text Amendment No. 19-002);" Ordinance No. 4196, "An Ordinance of the City Council of the
City of Huntington Beach Amending Chapter 231 of the Huntington Beach Zoning and Subdivision
Ordinance Titled Off-Street Parking and Loading Provisions (Zoning Text Amendment No. 19-002);"
Ordinance No. 4197, "An Ordinance of the City Council of the City of Huntington Beach Amending
Chapter 230 of the Huntington Beach Zoning and Subdivision Ordinance Titled Site Standards (Zoning
Text Amendment No. 19-002);" Ordinance No. 4198, "An Ordinance of the City Council of the City of
Huntington Beach Amending Chapter 212 of the Huntington Beach Zoning and Subdivision Ordinance
Titled I Industrial Districts (Zoning Text Amendment No. 19-002);" and, Ordinance No. 4199, "An
Ordinance of the City Council of the City of Huntington Beach Amending Chapter 211 of the Huntington
Beach Zoning and Subdivision Ordinance Titled C Commercial Districts (Zoning Text Amendment No.
19-002);" (Attachment Nos. 3 - 9).
The motion carried by the following vote:
AYES: Posey, Delgleize, Hardy, Semeta, Peterson, Carr, and Brenden
NOES: None
18. 19-1289 Adopted Ordinance No. 4202, which amends Chapter 13.54 of the Huntington Beach
Municipal Code regarding specific events to prohibit weapons at parades and
protests
Approved for introduction 1/21/2020 — Vote: 7-0
A motion was made by Posey, second Brenden to adopt Ordinance No. 4202, "An Ordinance of the City
of Huntington Beach Amending Chapter 13.54 Regarding Specific Events to Prohibit Weapons at
Parades and Protests."
The motion carried by the following vote:
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AYES: Posey, Delgleize, Hardy, Semeta, Peterson, Carr, and Brenden
NOES: None
PUBLIC HEARING
19. 19-1186 Approved Zoning Map Amendment (ZMA) No. 18-002 by approving for introduction
Ordinance No. 4191 to amend the zoning designation from CG (Commercial
General) to RM (Residential Medium Density)
Associate Planner Jessica Bui presented a PowerPoint communication entitled Zoning Map Amendment
No. 18-002 with slides titled Project Request, Subject Site, Zoning Map Amendment, PC Meeting -
November 12, 2019, General Plan & Zoning Compliance, and Recommendation.
Mayor Pro Tem Hardy and Community Development Director Ursula Luna-Reynosa discussed that when
changing from a commercial to a residential zone there is credit for Regional Housing Needs Allocation
(RHNA) numbers if the project includes low or very low income units.
Councilmember Delgleize and Associate Planner Bui discussed the exemption from CEQA for residential
projects.
Mayor Semeta opened the Public Hearing.
Public Hearing Speakers — None
Pursuant to the Brown “Open Meetings” Act, City Clerk Robin Estanislau announced Supplemental
Communication received after distribution of the Agenda Packet:
PowerPoint communication submitted by Associate Planner Jessica Bui entitled Zoning Map Amendment
No. 18-002, Utica Townhomes.
There being no public hearing speakers for this item, Mayor Semeta closed the Public Hearing.
A motion was made by Hardy, second Carr to adopt Planning Commission and Staff Recommendation:
find the Proposed Project Exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15183 — Projects Consistent With a Community Plan or Zoning; and, approve Zoning Map
Amendment No. 18-002 with findings (Attachment No. 1) and after the City Clerk reads by title, approve
for introduction Ordinance No. 4191, "An Ordinance of the City of Huntington Beach Amending District
Map 2 (Section Map 2-6-11) of the Huntington Beach Zoning and Subdivision to Rezone the Real
Property Located at 712 Utica Avenue from Commercial General (CG) to Residential Medium Density
(RM) (Zoning Map Amendment No. 2018-002)."
The motion carried by the following vote:
AYES: Posey, Delgleize, Hardy, Semeta, Peterson, Carr, and Brenden
NOES: None
20. 20-1357 Adopted Resolution Nos. 2020-06 and 2020-07 approving General Plan Amendment
(GPA) No. 19-003 (Housing Element amendment) and Zoning Text Amendment
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(ZTA) No. 19-006 (Beach and Edinger Corridors Specific Plan amendment) and
approved the 2019 Housing Element Progress Report
Citing a conflict of interest, City Attorney Gates recused himself from participating in the item and
introduced former Huntington Beach Assistant City Attorney Paul D’Allesandro to preside over the
hearing due to his past experience and knowledge of the City's General Plan and Housing Element.
Deputy Director of Community Development Jennifer Villasenor presented a PowerPoint communication
entitled Housing Element Amendment & Beach and Edinger Corridors Specific Plan Amendment with
slides titled Request, Housing Element & RHNA, Current RHNA Status, Accommodating the Lower
Income RHNA Shortfall, BECSP Amendment - Affordable Housing Overlay, Affordable Housing Overlay
Sites, HCD Review, Other Housing Element Program Changes & Housing Element Progress Report,
Housing Element Progress Report, and Recommendation.
Mayor Pro Tem Hardy confirmed with Deputy Director Villasenor that the seventh previously listed
property on the Affordable Housing Overlay Sites, which is land that belongs to the State of California,
was removed by the California Department of Housing and Community Development (HCD).
Councilmember Carr and Director Villasenor discussed that SB2 funding comes up annually. Director
Villasenor and Director Luna-Reynosa described other possible Certified Housing Element funding
sources.
Councilmember Posey confirmed with staff that the City lost access to about $625,000 in 2019 for
Navigation Center funding because the City did not have a Certified Housing Element; however this year,
with a Certified Housing Element, there is the opportunity to acquire approximately $480,000 for
Navigation Center operational expenses.
Mayor Semeta opened the Public Hearing.
Pursuant to the Brown “Open Meetings” Act, City Clerk Estanislau announced Supplemental
Communications to the City Council which were received after distribution of the Agenda Packet:
Email communication from Cesar Covarrubias, Executive Director, Kennedy Commission;
PowerPoint communication submitted by Deputy Director of Community Development, Jennifer
Villasenor, entitled Housing Element Amendment & Beach and Edinger Corridors Specific Plan
Amendment; and
Seven (7) email communications
Public Hearing Speakers — 12
Linda Rose, a Huntington Beach homeowner for 39 years and a member of Homeless United Huntington
Beach, was called to speak and shared some of the services provided by the St. Peter's by the Sea
Presbyterian Church volunteers who serve people in need. Ms. Rose stated that from her perspective
the biggest need is for transitional housing, and therefore she and Homeless United Huntington Beach
members support Agenda Item #20 (20-1357) regarding the Housing Element and Beach and Edinger
Corridors Specific Plan amendments. (02:35:04)
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Gigi Jackson was called to speak and stated the need to continue advocacy for the homeless in
Huntington Beach, and support for Agenda Item #20 (20-1357) regarding the Housing Element and
Beach and Edinger Corridors Specific Plan amendments. Ms. Jackson further stated support for the
City's efforts to have a Certified Housing Element and effort to move forward with a Navigation Center as
well as planning for and building affordable housing. (02:37:48)
Karen Carroll, a 45-year resident of Huntington Beach and member of Homeless United Huntington
Beach, was called to speak and stated support for Agenda Item #20 (20-1357) regarding the Housing
Element and Beach and Edinger Corridors Specific Plan amendments. Ms. Carroll stated her opinion
that in spite of the many perceived differences coming from various community members and groups on
homeless issues, she would suggest everyone keep their eyes on the common concerns. (02:41:09)
Jenny Braithwaite, a member of Homeless United Huntington Beach, was called to speak and stated
support for Agenda Item #20 (20-1357) regarding the Housing Element and Beach and Edinger Corridors
Specific Plan amendments. Ms. Braithwaite further expressed her opinion that regardless of individual
views toward the State and its regulations, current laws need to be followed. (02:44:24)
Natalie Moser, a Huntington Beach homeowner since 2001 and a member of Homeless United
Huntington Beach, was called to speak and stated support for Agenda Item #20 (20-1357) regarding the
Housing Element and Beach and Edinger Corridors Specific Plan amendments. Ms. Moser described her
expected potential outcomes if the item is or is not approved. (02:47:37)
Galen Pickett, a homeowner in Huntington Beach for 10 years, and member of Homeless United
Huntington Beach, was called to speak and stated support for Agenda Item #20 (20-1357) regarding the
Housing Element and Beach and Edinger Corridors Specific Plan amendments. Mr. Pickett stated his
opinion that this addresses homelessness, affordability, and quality of life issues. (02:50:25)
Ralph Bauer, long-time resident of Huntington Beach, was called to speak and stated support for Agenda
Item #20 (20-1357) regarding the Housing Element and Beach and Edinger Corridors Specific Plan
amendments. Mr. Bauer stated three reasons for his support: 1) compliance with the law; 2) saving
money and access to funds; and 3) providing a Navigation Center through which to offer needed
services. (02:52:15)
Shirley Dettloff, a 55-year resident of Huntington Beach, and a member of Homeless United of
Huntington Beach, was called to speak and stated support for Agenda Item #20 (20-1357) regarding the
Housing Element and Beach and Edinger Corridors Specific Plan amendments. Ms. Dettloff stated her
support for a plan that is in compliance with State law, with expectations that approval will open the way
to address the homelessness crisis through providing shelter and services, and her opinion that this is
just one small step the City can take in the right direction. (02:53:53)
Howard Herdman, a long-time resident of Huntington Beach and member of Homeless United
Huntington Beach, was called to speak and stated support for Agenda Item #20 (20-1357) regarding the
Housing Element and Beach and Edinger Corridors Specific Plan amendments. Mr. Herdman stated his
opinion that approval will address the lawsuits, place the City in compliance with State law, and make it
possible to acquire funding for the homelessness crisis. (02:57:06)
Michelle Kern, a homeowner in Huntington Beach and member of Homeless United of Huntington Beach,
was called to speak and stated support for Agenda Item #20 (20-1357) regarding the Housing Element
and Beach and Edinger Corridors Specific Plan amendments. Ms. Kern stated that as an individual who
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has regular contact with the homeless, she believes this item is the right thing to do for the individuals
desiring to change their circumstances, and that this item will benefit not only the homeless, but also
residents and homeowners. (02:58:47)
Eva Weisz was called to speak and stated support for Agenda Item #20 (20-1357) regarding the Housing
Element and Beach and Edinger Corridors Specific Plan amendments. Ms. Weisz stated her opinion that
this is the first step to address the homelessness crisis for those who will accept help to change their
situation, and that more services are needed for those with mental illness. (03:01:25)
Adam Wood, a resident of Huntington Beach and Director of Government Affairs with Orange County
Building Industry Associates, was called to speak and stated support for Agenda Item #20 (20-1357)
regarding the Housing Element and Beach and Edinger Corridors Specific Plan amendments. Mr. Wood
stated he supports many of the comments already made, and he sees this item as opening the door for
the opportunity to secure funding from Sacramento. (03:02:56)
There being no more speakers, Mayor Semeta closed the Public Hearing.
Councilmember Carr stated her support for this item, and thanked staff for their diligence in reaching this
point.
Mayor Pro Tem Hardy stated that she is supportive of taking care of the City's homeless population, but
in her opinion this item does not necessarily provide affordable housing. Also, she would like for the City
to qualify for eligible funding, however, in the end she cannot support an item that does not include
discussion on individual projects and the impacts a specific project may have on its neighborhood.
Councilmember Posey described the situation of the State Legislature passing 40 bills since 2015 related
to housing, Regional Housing Needs Assessment (RHNA), the threat of taking away local control, and
fines associated with not meeting Housing Element requirements. He described previous Council
actions to provide a Navigation Center and allow the Police Department to enforce anti-camping and
curfew laws to be in compliance with the Martin vs Boise 9th Circuit Court ruling. The homeless
community needs services, support and direction which take funding; and with a Navigation Center and
Qualified Housing Element, SB2 and Orange County Housing Trust funding becomes accessible.
Councilmember Posey shared statistics related to changes in the Beach and Edinger Corridors Specific
Plan and stated that the action tonight is to zone for the deficiency of 413 units, and provide access to
available funds.
Councilmember Peterson stated that in his opinion this is not a homelessness issue, there are issues in
the lawsuit that the City should not walk away from, and the few low- and very-low income units are not
going to alleviate the homeless situation, therefore he cannot support this item.
Councilmember Delgleize explained that from her perspective there are options available now to meet
housing requirements that were not available five or six years ago, and she sees the Beach and Edinger
Corridors as the appropriate place to locate needed housing units. She supports this item with the hope
that more facilities will be provided in the future, including facilities and services for the homeless.
Councilmember Brenden thanked Homeless United, the Homeless Task Force, and other volunteers that
are involved in the issue. He further stated that in his opinion this is an opportunity for the Council to act
responsibly by supporting the Planning Commission and staff recommendation. Councilmember Brenden
explained that even when he was a member of the Planning Commission, he believed that the Maximum
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Allowed Net Development (MAND) should not be reduced to a level that could put the City in violation of
the Housing Element, so there wouldn't be potential for de-certification or lawsuits.
Councilmember Posey briefly explained the history of changes to MAND, or total number of units allowed
within the sphere of influence of the zoning overlay. Councilmember Posey stated his opinion that
adding 413 units now is still approximately 35% less than what was approved by the Environmental
Impact Report, or just a bit over half of what the Council approved in 2010. He further stated his opinion
that approving this item will help in resolving the homelessness situation by providing access to funds for
a Navigation Center, the City can still fight against the unconstitutional reach of some of the recent bills
passed, and will become exempt from the penalties that come from the lack of a compliant Housing
Element.
Mayor Semeta stated this item is not a vote about whether a homeless shelter will be built. Her concern
is approving buy-right development, and she believes that discretionary control needs to be maintained.
Mayor Semeta added that building the units in the Beach and Edinger Specific Plan created an
affordability issue with rents increasing exponentially throughout the City. In addition, the legislative
mandates from Sacramento trying to take local control of land use decisions is not okay, and asked why
would the City just now roll over and accept it. Mayor Semeta stated she cannot support this item.
A motion was made by Brenden, second Delgleize to approve Planning Commission and Staff
Recommendation for General Plan Amendment No. 19-003 and adopt Resolution No. 2020-06
(Attachment No. 1), "A Resolution of the City Council of the City of Huntington Beach Approving General
Plan Amendment No. 19-003 (Housing Element Amendment)," and finding that it is covered under
Negative Declaration No. 12-007, which was adopted by the City on August 27, 2013; and approve
Zoning Text Amendment No. 19-006 with findings (Attachment No. 2) and adopt Resolution No. 2020-07,
"A Resolution of the City Council of the City of Huntington Beach Approving an Amendment to the Beach
and Edinger Corridors Specific Plan (SP 14) (Zoning Text Amendment No. 19-006)." (Attachment No. 3);
and, approve the 2019 Housing Element Progress Report and forward to the California Department of
Housing and Community Development and Governor's Office of Planning and Research.
The motion carried by the following vote:
AYES: Posey, Delgleize, Carr, and Brenden
NOES: Hardy, Semeta, and Peterson
ADMINISTRATIVE ITEMS
21. 20-1375 Approved Community Choice Energy (CCE) Feasibility Study Option C
City Manager Chi introduced Assistant City Manager Travis Hopkins who presented a PowerPoint
communication entitled Community Choice Energy Feasibility Study, with slides titled CCE Overview,
CCE Background in HB, RFI Process Coordinated, Possible Ratepayer Savings, Irvine CCE JPA Option,
Possible CCE Benefits, Identified CCE Risks, Next Steps, and Questions?
Mayor Pro Tem Hardy and Assistant City Manager Hopkins discussed the Southern California Edison
(SCE) proposed increase rate will most likely be for infrastructure replacement, and CCE customers will
still also be responsible for infrastructure and SCE increased costs.
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There was discussion whether the large up-front costs for setting up the CCE would result in further
savings for customers. City Manager Chi stated that the ultimate question is whether the potential cost
savings are worth the risks. Assistant City Manager Hopkins confirmed that the Huntington Beach
Finance Commission has not studied this issue. SCE Representative Mr. Peterson confirmed the current
level of SCE's renewable sources, including hydro-power, is at 44.5%.
Mayor Pro Tem Hardy and City Manager Chi discussed an option of buying the load data from SCE and
just plugging it into Irvine's research. It was decided, however, that it would eliminate the opportunity to
independently assess the assumptions.
Councilmember Peterson, explained that in his opinion, using a CCE is adding another layer of
government with responsibility for long-term contracts, and a CCE is not part of a “free” market system.
If a mistake is made on the contract, or situations change during that contract, the taxpayers will be on
the hook, and therefore he cannot support this item. He stated that it might make sense to re-evaluate
Irvine's experience in 5 or 6 years, but he is not interested in adding another layer of government for
Huntington Beach at this time.
Councilmember Carr stated that she believes the opportunity to join Irvine's CCE will eliminate a lot of
the risk for the up-front costs, and Huntington Beach needs to remain competitive with other area cities
that will be offering an expected two percent (2%) discount to their residential, commercial and industrial
entities. Councilmember Carr is not in favor of just plugging SCE's Huntington Beach numbers into
Irvine's study and assumptions, and supports using a different consultant than Irvine used.
Councilmember Brenden stated his opinion that there is not enough information to be supporting, or not,
CCEs, but rather more information is needed to answer the question of whether the rewards are worth
the risks. He needs research-based facts, not anecdotal information, to make an informed decision, and
therefore supports Option C.
Councilmember Delgleize stated her opinion that a CCA/E is not a public utility; it allows a city to
purchase a utility for its residents; the required new staffing can be employees of the company hired or
managed through the Joint Powers Agreement (JPA); and, she supports Huntington Beach doing their
own Feasibility Study.
Mayor Pro Tem Hardy shared her questions for a Feasibility Study, including what Irvine's timetable is as
far as allowing other cities to join their CCE; shelf-life for a Study, i.e., should the City observe other
CCA/Es for a couple more years before doing our own study; ensure the Finance Commission reviews
the study; look at op-out thresholds; and stated that she supports Councilmember Brenden's comment
that currently there are just not enough known facts.
Mayor Semeta stated from her review of the email communications received by the Councilmembers on
this topic most residents are opposed and most supporters appear to be advocates. She shared her
concern that residents of Huntington Beach may not save money with a CCA/E. Mayor Semeta further
stated that to the best of her knowledge currently renewable energy is cheaper because of the subsidies,
and that technology and options are changing so fast that in her opinion, it makes sense to wait and see
if there are actual savings in other cities, and therefore she cannot support this item.
Councilmember Posey shared that politicians at any level of governance are elected to govern for the
future, and in his opinion a Feasibility Study on future energy and supply options will help in governing for
the future.
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A motion was made by Carr, second Delgleize to consider moving forward with the proposed Community
Choice Feasibility Study by approving Option “C”:
A) Direct staff to complete a CCE Feasibility Study and authorize the City Manager approve the required
agreements with MRW & Associates for completion of the study for an amount not to exceed $66,000.
Or
B) Direct staff not to move forward with the CCE Feasibility Study.
Or
C) Direct staff to move forward with the CCE Feasibility Study with MRW & Associates for an amount
not to exceed $66,000, and as part of that study, assess the feasibility of joining the City of Irvine's CCE
program.
The motion carried by the following vote:
AYES: Posey, Delgleize, Hardy, Carr, and Brenden
NOES: Semeta, and Peterson
ORDINANCES FOR INTRODUCTION
22. 19-1288 Approved for introduction Ordinance No. 4204 repealing Chapter 10.40.125 of the
Huntington Beach Municipal Code regarding vehicles marked for sale on streets, as
it is no longer legally valid
City Manager Chi introduced Police Chief Robert Handy who provided a verbal overview of the
background relating to the need to ensure Municipal Code compliance with current court rulings related
to free speech rights.
A motion was made by Peterson, second Hardy to, after the City Clerk reads by title, approve for
introduction Ordinance No. 4204, "An Ordinance of the City of Huntington Beach Repealing Chapter
10.40.125 of the Huntington Beach Municipal Code Relating to Sale On Vehicles Upon Streets."
The motion carried by the following vote:
AYES: Posey, Delgleize, Hardy, Semeta, Peterson, Carr, and Brenden
NOES: None
COUNCILMEMBER ITEMS
23. 20-1388 Submitted by Councilmember Peterson — Directed staff to reassess Bluff Top
Guard Rail options
Councilmember Peterson said he would like to review the options one more time, especially since there
was Council concern about the previous options presented, and utilizing anodized aluminum was not a
previous consideration.
The Councilmembers thanked Councilmember Peterson for bringing this item back and expressed
support for a formal proposal using anodized aluminum.
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Councilmember Brenden expressed his support for a formal proposal, and asked that staff do some
independent research of their own on durability and maintenance, and stated he would like to get
resident opinions as well.
Councilmember Posey and City Manager Chi discussed that the process to this point was a review by
the Design Review Board and Community Services Commission. City Manager Chi explained that after a
design option is approved by the Council, the next step would be to draw up construction options for a
bid, and confirmed that if this item is approved, the process would include another review of options,
which would include anodized aluminum, and opportunity for resident input.
A motion was made by Peterson, second Hardy to direct staff to assess the possibility of utilizing an
anodized aluminum safety rail as part of the Bluff Top Improvement Project, and that the full analysis be
brought back for formal City Council consideration within 30 days.
The motion carried by the following vote:
AYES: Posey, Delgleize, Hardy, Semeta, Peterson, Carr, and Brenden
NOES: None
COUNCILMEMBER COMMENTS (Not Agendized)
Councilmember Brenden thanked Public Speaker Lorelei Lachman for her expressions of appreciation
for how well the Council works together for the best of the community. He reported participating in the
Association of California Cities-Orange County (ACC-OC) Sacramento Advocacy Trip to protect local
land use authority; asking for recurring funding to address homelessness; regulation of sober living
homes and residential treatment facilities; diversified, resilient and reliable water supplies for Southern
California; and pension reforms. He also attended the Visit HB new office Open House and 30th
Anniversary; several meetings of the Jet Noise Commission; the Candlelight Vigil for the Victims of the
recent helicopter crash in Calabasas; and participated in the Annual Surf City Marathon.
Councilmember Posey reported participating in the Annual Surf City Marathon Finish Line festivities, and
announced the February 15th Polynesian Cultural Dance and Music Festival for all ages, at 12 noon, at
15612 Graham Avenue.
Mayor Pro Tem Hardy reported attending the Ribbon Cutting and Grand Opening for the American
Cancer Society/Discovery Shop; the Marina High School Viking Foundation Principal's Gala Event at the
Senior Center; Assistance League & Soroptimist International of Huntington Beach "Day of
Empowerment" for area single moms; singing at the Annual Surf City Marathon; and thanked the Hawes
Elementary mothers who put together the memorial for the Victims from the recent helicopter crash in
Calabasas.
Councilmember Carr acknowledged that she dropped out of the Marathon and only participated in the 5K
run; she reported attending the Ribbon Cutting & Grand Opening for the American Cancer
Society/Discovery Shop; Assistance League & Soroptimist International of Huntington Beach "Day of
Empowerment" for area single moms; 13th Annual Writing & Illustration Contest Awards Ceremony at
Central Library; and Visit HB New Office Open House and 30th Anniversary event.
Mayor Semeta reported attending the Assistance League & Soroptimist International of Huntington
Beach "Day of Empowerment" for area single moms; acknowledged Sophia Sendro, Ocean View High
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School Senior and a summer Huntington Beach lifeguard, for organizing Trauma for Teachers at
Huntington Beach High School where Huntington Beach firefighters and representatives from area
hospitals provided bleeding control and CPR training for all teachers; reported attending a Kiawani's
luncheon where Seal Beach author Mark Thompson spoke about his book, Sinatra's Tailor, a
biographical novel about longtime local clothier Umberto Autore; a Farewell Reception for Former Deputy
Director of Economic Development Kellee Fritzal; Visit HB New Office Open House and 30th Anniversary
event; and participating in the Countdown for the Annual Surf City Marathon.
Mayor Semeta adjourned the meeting in memory of the Victims of the recent helicopter crash in
Calabasas.
ADJOURNMENT at 10:54 PM to the next regularly scheduled meeting of the Huntington Beach City
Council/Public Financing Authority on Tuesday, February 18, 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
________________________________________
City Clerk and ex-officio Clerk of the City Council
of the City of Huntington Beach and Secretary of
the Public Financing Authority of the City of
Huntington Beach, California
ATTEST:
______________________________________
City Clerk-Secretary
______________________________________
Mayor-Chair
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City of Huntington Beach
File #:20-1446 MEETING DATE:3/2/2020
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:
Approve Cal OES Violence Against Women Act Grant (LE19036860) for the 2020 calendar year
which includes accepting the grant between the State of California, Governor’s Office of
Emergency Services (Cal OES) and the City; authorize the Chief of Police to execute
documents; approve the appropriation of $203,143 which is fully reimbursed by the grant from
Cal OES; and, amend the Professional Services Listing to include provided domestic violence
services
Statement of Issue:
The Police Department applied for a grant through the California Governor’s Office of Emergency
Services (Cal OES) to fund our Violence against Women Program. The Police Department was
notified of its award of $203,143. City Council approval is necessary to fully accept the grant from
the State. The grant has a three-year funding cycle, with the third year being January 1, 2020 to
December 31, 2020.
Financial Impact:
A City match amount of $67,714 is required and has been included in the Police Department’s budget
under the General Fund, Account Number 10070203. The total project cost for the 2020 calendar
year is $270,857 with the grant award offsetting $203,143 in new revenue. A new grant fund will be
established upon approval by City Council. No additional appropriation of funds is necessary.
Recommended Action:
A) Accept the grant between the State of California, Governor’s Office of Emergency Services (Cal
OES) and the City of Huntington Beach; and,
B) Assign authority to the Chief of Police as the official to execute and sign for the award and to
approve amendments and extensions; and,
C) Appropriate $203,143 for the Violence against Women Program costs, all of which will be
reimbursed by the grant from Cal OES; and,
D) Amend the Professional Services Listing to include domestic violence services in the amount of
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File #:20-1446 MEETING DATE:3/2/2020
$270,857.
Alternative Action(s):
Do not approve and direct staff accordingly.
Analysis:
The Police Department applied for and was awarded a grant by Cal OES to combat, investigate and
prosecute domestic violence, sexual assault and stalking cases. This is the third year of a three-year
grant cycle. The third-year grant funding is $270,857, which includes the $67,714 match. The
majority of the grant will pay for the services of two Victim Advocates. The Victim Advocates are
contracted through Waymakers Victim Assistance Program and Interval House. The remaining funds
will pay for two part-time domestic violence investigators.
This collaboration has been in effect since 1998. Since the inception of the Violence against Women
Project, the Advocates have been continuously funded through a series of grants. The goal of the
program is to help heal families and stop the cycle of violence. Without this grant, the Police
Department would not be able to offer the services of Victim Advocates to victims of domestic
violence. The Advocates work closely with a Police Department investigator to form a cohesive team
to assist victims.
The acceptance of the grant will pay for the collaboration involving the Police Department through
December 31, 2020. The cash match of $67,714 is located within the existing Police Department
budget. In addition, the agreement with Interval House offers priority shelter for domestic violence
victims and their children from Huntington Beach on a 24-hour basis. The two part-time investigators
assist a full-time detective, allowing the police department to investigate domestic violence incidents
in a timely manner, resulting in improved services to victims.
Environmental Status:
Not applicable.
Strategic Plan Goal:
Enhance and modernize public safety service delivery
Attachment(s):
1. Grant award letter and packet.
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City of Huntington Beach
File #:20-1410 MEETING DATE:3/2/2020
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:
Award and authorize execution of a construction contract with All American Asphalt Company
in the amount of $5,181,955.00 for the FY19/20 Arterial Rehabilitation Project, CC-1576; and,
authorize the appropriation of funds
Statement of Issue:
On February 11, 2020 bids were publicly opened for FY 19/20 Arterial Rehabilitation Project. City
Council action is requested to award the construction contract to All American Asphalt Company, the
lowest responsive and responsible bidder
Financial Impact:
Total funds for the project, including contingency and supplemental, is estimated at $5,869,000.
Funds for this portion of the Arterial Rehabilitation Capital Improvement Project are available in the
current fiscal year budget in the RMRA Fund Account 124790003.82300 ($3,426,768), Measure “M”
Fund, Account 21390030.82300 ($1,100,000), Infrastructure Fund, Account 31490006.82300
($700,000), and Prop 42 Fund, Account 21990008.82300 ($215,462). An additional appropriation of
$426,770 is requested from the RMRA Fund (1247).
Recommended Action:
A) Appropriate $426,770 from the RMRA Fund (1247) to the RMRA Fund, Account
124790003.82300; and,
B) Accept the lowest responsive and responsible bid submitted by All American Asphalt Company in
the amount of $5,181,955.00; 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.
Analysis:
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File #:20-1410 MEETING DATE:3/2/2020
This project will rehabilitate approximately 2.5 miles of arterial streets. Slater Avenue (Goldenwest
Street - Beach Boulevard) will be paved with 4-inches of new pavement after the sub-base is
pulverized and cement treated. Graham Street (Slater Avenue - Warner Avenue), and Atlanta
Avenue (Bushard Street-Surge Lane) will be paved with 2-inches to 2.5-inches of new pavement
after removal and replacement of 2-inches of existing failed pavement. Newland Street (Yorktown
Avenue - Garfield Avenue), will be paved with a minimum of 2-inches of new pavement after removal
of 2-inches of existing failed pavement. All streets will have a wearing surface course of rubberized
asphalt concrete hot mix (ARHM). Manholes, monitoring wells, survey monuments, and water valve
assemblies will be adjusted to grade and traffic loops and striping will be replaced. Improvements
also include limited replacement of concrete curb, gutter, sidewalk, and access ramps where needed.
The four street segments have average PCI’s between 27 (very poor) to 58 (poor) and have not been
rehabilitated since the early 1990.
The project is using a sustainable paving material, which utilizes rubberized asphalt concrete (RAC)
which contains crumb rubber derived from 100% California waste tire rubber. A two-inch layer of
RAC uses over 2,000 waste tires per lane mile. The project will divert more than 18,000 waste tires
that would otherwise end up in a landfill. Including this project, the use of RAC in the rehabilitation of
the City’s arterial streets has resulted in the diversion of over 363,000 waste tires.
Reimbursement from the CalRecycle Rubberized Asphalt Concrete (RAC) grant in the amount of
$38,000 is anticipated.
Bids were publicly opened on February 11, 2020, with the following results:
BIDDER'S NAME BID AMOUNT
(Amount Read at Bid
Opening and Basis of
Award)
Corrected
Amount
Total Contract
Amount
All American Asphalt Company $5,181,955.00 - -$5,181,955.00
Excel Paving Company $5,974,990.35 --$5,974,990.35
R.J. Noble Company $5,984,624.00 --$5,984,624.00
Hardy & Harper, Inc.$6,009,000.00 $6,006,297.30 $6,006,297.30
Shawnan Company $6,359,466.50 --$6,359,466.50
Sully-Miller Contracting Company $6,483,000.00 $6,469,200.00 $6,469,200.00
The engineer’s estimate for the project is $5,400,000. All American Asphalt Company has provided
acceptable arterial rehabilitation construction in the past, therefore staff recommends awarding a
contract to All American Asphalt Company in the amount of $5,181,955.00.
The total project cost is estimated to be $5,869,000.00, which includes the construction contract,
project management, construction contingency, and supplementals (soil and materials testing and
construction support services, including construction inspection, by outside firms).
Public Works Commission Action:
The Public Works Commission reviewed and approved CC-1576 on September 18, 2019, with a vote
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File #:20-1410 MEETING DATE:3/2/2020
of 7-0-0.
Environmental Status:
The project is categorically exempt pursuant to Class 1, Section 15301c of the California
Environmental Quality Act.
Strategic Plan Goal:
Enhance and maintain infrastructure
Attachment(s):
1. Att#1 CC-1576 Vicinity Map
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City of Huntington Beach
File #:20-1441 MEETING DATE:3/2/2020
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 R.J. Noble Company in the amount of $2,551,614 for the Residential Overlay
Zone 9 Project, CC-1596; and, authorize the appropriation of funds
Statement of Issue:
On February 18, 2020, bids were publicly opened for the Residential Overlay Zone 9 Project. City
Council action is requested to award the construction contract to R.J. Noble Company, the lowest
responsive and responsible bidder.
Financial Impact:
The total cost of the project, including contingency and supplemental expenses, is $2,870,000. Funds
for this project are available in the current fiscal year budget in the Gas Tax Account 20790057.82300
($2,491,315), the Sewer Fund 51185101.82300 ($100,000) and Water Fund 50685201.82300
($100,000). An additional appropriation of $178,685 from the Gas Tax Fund is requested.
Recommended Action:
A) Appropriate $178,685 from Gas Tax Fund (207) to Account 20790057.82300; and,
B) Accept the lowest responsive and responsible bid submitted by R.J. Noble Company in the
amount of $2,551,614; 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.
Analysis:
The City’s pavement Management Program (PMP) calculates a pavement condition for each street.
The conditions are rated from 0 to 100, with 0 being the worst and 100 indicating perfect condition.
As part of the PMP, a residential network was created dividing the City into 12 maintenance zones to
allow the City to better coordinate maintenance activities. This project will rehabilitate 139 street
segments with pavement condition ratings below 55, which is considered very poor, in maintenance
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segments with pavement condition ratings below 55, which is considered very poor, in maintenance
zone 9. Maintenance zone 9 is located in the Northern Area of the City. The street segments to be
overlaid will be crack sealed. Localized 2” pavement repairs will be performed were needed. Edge
grinding will be performed along all concrete curbs, gutters, and cross gutters using a milling machine
before applying a final 1.5” asphalt overlay. Streets suffering from reflective cracking will have a
geotextile fabric placed between the existing surface and the new 1.5” asphalt overlay to increase
structural stability.
Bids were publicly opened on February 18, 2020, with the following results:
BIDDER'S NAME BID AMOUNT
R.J. Noble Company $2,551,614
All American Asphalt $2,777,744
Excel Paving $2,938,105
Shawnan $3,075,800
Sully Miller Contracting Co.$3,263,000
R.J. Noble Company has provided acceptable experience on similar projects in the past. Therefore,
staff recommends awarding a contract to R.J. Noble Company in the amount of $2,551,614. The
total cost of the project is $2,870,000. This total includes the construction contract of $2,551,614 plus
ten-percent (10%) construction contingency of $255,161 and supplemental expenses of $63,225 for
inspection services. The engineer’s estimate for this project was $3,050,000.
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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City of Huntington Beach
File #:20-1302 MEETING DATE:3/2/2020
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:
Adopt Ordinance No. 4203 approving Zoning Map Amendment No. 19-002 rezoning property
located at the terminus of Park Avenue in Huntington Harbour (Park Avenue Rezone)
Approved for introduction 2-18-2020 - Vote: 7-0
Statement of Issue:
Transmitted for your consideration are the following items:
1. Mitigated Negative Declaration to analyze the potential environmental impacts associated with
the proposed project;
2. General Plan Amendment (GPA) to amend the General Plan land use designation from Open
Space-Water Recreation (OS-W) to Residential Low Density (RL);
3. Zoning Map Amendment (ZMA) to amend the zoning designation from Open Space-Water
Recreation - Coastal Zone Overlay - Floodplain Overlay (OS-WR-CZ-FP2) to Residential Low
Density - Coastal Zone Overlay - Floodplain Overlay (RL-CZ-FP2); and
4. Local Coastal Program (LCP) Amendment to amend the City’s certified LCP pursuant to the
GPA and ZMA subject to California Coast Commission certification.
The Planning Commission and staff recommend approval.
Financial Impact:
Not applicable.
Recommended Action:
Adopt Ordinance No. 4203, “An Ordinance of the City of Huntington Beach Amending the Huntington
Beach Zoning and Subdivision Ordinance to Rezone the Real Property Located at the Terminus of
Park Avenue in Huntington Harbour from OS-WR-CZ-FP2 (Open Space-Water Recreation - Coastal
Zone Overlay - Floodplain Overlay) to RL-CZ-FP2 (Residential Low Density - Coastal Zone Overlay -
Floodplain Overlay) (Zoning Map Amendment No. 19-002)” (Attachment No. 3).
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File #:20-1302 MEETING DATE:3/2/2020
Alternative Action(s):
The City Council may make the following alternative motion(s):
1. Deny Mitigated Negative Declaration No. 19-004, General Plan Amendment No. 19-002,
Zoning Map Amendment No. 19-002, and Local Coastal Program Amendment No. 19-001.
2. Continue Mitigated Negative Declaration No. 19-004, General Plan Amendment No. 19-002,
Zoning Map Amendment No. 19-002, and Local Coastal Program Amendment No. 19-001 and
direct staff accordingly.
Analysis:
A.PROJECT PROPOSAL:
Applicant: Mike Adams, P.O. Box 392, Huntington Beach, CA 92648
Property Owner: Medhat Rofael, 3922 Sirius Dr., Huntington Beach, CA 92649
The proposed project (Attachment No. 6) includes the following requests:
Mitigated Negative Declaration (MND) No. 19-004 to analyze the potential environmental impacts
associated with the proposed project;
General Plan Amendment (GPA) No. 19-002 to amend the General Plan land use designation
from Open Space-Water Recreation (OS-W) to Residential Low Density (RL);
Zoning Map Amendment (ZMA) No. 19-002 to amend the zoning designation from Open Space-
Water Recreation - Coastal Zone Overlay - Floodplain Overlay (OS-WR-CZ-FP2) to Residential
Low Density - Coastal Zone Overlay - Floodplain Overlay (RL-CZ-FP2); and
Local Coastal Program Amendment (LCPA) No. 19-001 to amend the City’s certified LCP
pursuant to the GPA and ZMA subject to California Coast Commission certification.
B.BACKGROUND:
The subject site is a vacant 6,179 square foot property located at the terminus of Park Avenue in
Huntington Harbour. In July 2017, the Planning Commission denied a request from the property
owner to construct a boat marina with a community dock, a two-story building with a 508 sq. ft.
marina office and public restroom on the first floor, a one-bedroom 565 sq. ft. caretaker’s unit on
the second floor, and a detached 441 sq. ft. two-car garage on the subject site. The applicant
appealed the Planning Commission’s action but subsequently requested multiple continuances of
the City Council public hearing. The 2017 appeal is still pending before the City Council. It
should be noted that a previous project, including a marina and a much larger caretaker’s unit,
was also denied by the City Council many years ago.
In 2018 the property owner and the City entered into a Settlement Agreement whereby the City
agreed to process the proposed requests for a rezone identified above at a reduced fee. In
exchange, the property owner agreed to withdraw the marina project that is on appeal to the City
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File #:20-1302 MEETING DATE:3/2/2020
exchange, the property owner agreed to withdraw the marina project that is on appeal to the City
Council upon final approval of the proposed rezone. The request would change the permitted
land uses on the site from water recreation (i.e. marina) to residential. No development is
proposed with this application.
C.PLANNING COMMISSION MEETING AND RECOMMENDATION:
On December 10, 2019 the Planning Commission held a public hearing on the proposed project.
The applicant and property owner spoke and indicated that the request for a residential
designation was to provide greater compatibility with the surrounding residential neighborhood.
There were no other speakers. The Planning Commission voted to recommend approval of the
request to the City Council recognizing that previous marina projects proposed under the existing
General Plan and zoning designations presented compatibility concerns.
Planning Commission Action on December 10, 2019:
The motion was made by Grant, seconded by Perkins, to recommend to the City Council approval
of MND No. 19-004, GPA No. 19-002, ZMA No. 19-002, and LCPA No. 19-001 carried by the
following vote:
AYES: Scandura, Ray, Grant, Garcia, Perkins, Mandic
NOES: Kalmick
ABSTAIN: None
ABSENT: None
MOTION PASSED
D.STAFF ANALYSIS:
The staff report for the December 10, 2019 Planning Commission public hearing (Attachment No.
10) provides a more detailed description and comprehensive analysis of the project covering,
among others, General Plan conformance and zoning compliance.
Environmental Status:
The staff report for the December 10, 2019 Planning Commission public hearing provides a
discussion of MND No. 19-004 including a summary of project impacts and mitigation measures.
Strategic Plan Goal:
Strengthen long-term financial and economic sustainability
Attachment(s):
1. Suggested Findings for Approval of MND No. 19-004, ZMA No. 19-002, and LCPA No. 19-001
2. City Council Resolution No. 2020-03 for GPA No. 19-002
3. City Council Ordinance No. 4203 for ZMA No. 19-002
4. City Council Resolution No. 2020-04 for LCPA No. 19-001
5. Vicinity Map
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File #:20-1302 MEETING DATE:3/2/2020
6. Project Narrative received and dated Feb. 21, 2019
7. Existing and Proposed General Plan Land Use Designation Maps
8. Existing and Proposed Zoning Maps
9. Response To Comments Draft MND No. 19-004
10. Planning Commission Staff Report Dated December 10, 2019
11. Draft MND No. 19-004 (not attached but available at
https://huntingtonbeachca.gov/government/departments/planning/environmental-
12. Chapter 210 (Residential Districts) (not attached but available at
<http://www.qcode.us/codes/huntingtonbeach/view.php?topic=zoning_code-21-210&showAll=1>
13. Chapter 213 (Open Space District) (not attached but available at
<http://www.qcode.us/codes/huntingtonbeach/view.php?topic=zoning_code-21-213&showAll=1>
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Attachment No. 1.1
ATTACHMENT NO. 1
SUGGESTED FINDINGS FOR APPROVAL
MITIGATED NEGATIVE DECLARATION NO. 19-004/
ZONING MAP AMENDMENT NO. 19-002/
LOCAL COASTAL PROGRAM AMENDMENT NO. 19-001
SUGGESTED FINDINGS FOR APPROVAL – MITIGATED NEGATIVE DECLARATION NO.
19-004:
1. Mitigated Negative Declaration (MND) No. 19-004 has been prepared in compliance with
Article 6 of the California Environmental Quality Act (CEQA) Guidelines. It was advertised
and available for a public comment period of thirty (30) days. Comments received during the
comment period were considered by the City Council prior to action on the MND, General
Plan Amendment No. 19-002, Zoning Map Amendment No. 19-002, and Local Coastal
Program Amendment No. 19-001.
2. Mitigation measures incorporated into the MND avoid or reduce the project’s effects to a
point where clearly no significant effect on the environment will occur.
3. There is no substantial evidence in light of the whole record before the City Council that the
project, as mitigated through the MND mitigation measures will have a significant effect on
the environment.
SUGGESTED FINDINGS FOR APPROVAL - ZONING MAP AMENDMENT NO. 19-002:
1. Zoning Map Amendment (ZMA) No. 19-002 to change the zoning on a 6,179 square foot
parcel from Open Space–Water Recreation – Coastal Zone Overlay – Floodplain Overlay
(OS-WR-CZ-FP2) to Residential Low Density – Coastal Zone Overlay – Floodplain Overlay
(RL-CZ-FP2) is consistent with the goals, objectives, policies, general land uses and
programs specified in the General Plan as follows:
A. Land Use Element
Policy LU-2D - Maintain and protect residential neighborhoods by avoiding encroachment
of incompatible land uses.
Goal LU-4 - A range of housing types is available to meet the diverse economic, physical,
and social needs of future and existing residents, while neighborhood character and
residences are well maintained and protected.
B. Housing Element
118
Attachment No. 1.2
Policy 2.1 – Provide site opportunities for development of housing that responds to
diverse community needs in terms of housing types, cost and location, emphasizing
locations near services and transit that promote walkability.
Policy 3.1 – Encourage the production of housing that meets all economic segments of
the community, including lower, moderate, and upper income households, to maintain a
balanced community.
The proposed ZMA will give the subject site a residential zoning designation that is less
intense and more compatible with the surrounding residential area compared to the
existing designation. It will potentially allow for the construction of a single family dwelling
unit with channel access subject to approval by the City of a coastal development permit .
The vacant subject site currently does not provide a formal opportunity for public coastal
access and will continue to lack public coastal access while undeveloped. Future
residential development on the subject site that will be more compatible with th e
surrounding residential area could only occur if the ZMA were certified. Public access
requirements on site can be reviewed and addressed upon submittal of a proposed
residential development. Without the ZMA, the subject site could remain vacant and
without formal public access indefinitely due to ongoing public concerns with prior
development proposals under the existing zoning.
2. The ZMA will change the zoning on the subject site to RL-CZ-FP2 which is compatible with
the surrounding residential area. It will not change a general land use provision, the uses
authorized in, and the standards prescribed for in any zoning district.
3. A community need is demonstrated for the change proposed because the RL-CZ-FP2
designation is more compatible with the surrounding residential area than the existing OS -
WR-CZ-FP2 designation.
4. Its adoption will be in conformity with public convenience, general welfare and good zoning
practice because the RL-CZ-FP2 designation provides for the continuation of the residential
character of the surrounding area and reduces the potential encroachment of incompatible
land uses into an established residential area.
SUGGESTED FINDINGS FOR APPROVAL – LOCAL COASTAL PROGRAM AMENDMENT
NO. 19-001:
1. Local Coastal Program Amendment No. 19-001 to the Huntington Beach Local Coastal
Program to reflect the land use and zoning changes proposed by General Plan Amendment
No. 19-002 and Zoning Map Amendment No. 19-002 is consistent with the General Plan
designations in that they provide for the continuation of residential land use and zoning
consistent with the existing residential area surrounding the subject site .
2. The proposed change to the Local Coastal Program is in accordance with the policies,
standards and provisions of the California Coastal Act that encourage promotion of public
access and mitigating adverse impacts associated with development. The proposed GPA
119
Attachment No. 1.3
and ZMA will give the subject site a residential land use and zoning designation that is more
compatible with the surrounding residential area compared to the existing designation. It will
potentially allow for the construction of a single family dwelling unit with channel access
subject to approval by the City of a coastal development permit. Public access requirements
on site can be reviewed and addressed upon submittal of a proposed residential
development.
The Coastal Act states in Section 30214 that: It is the intent of the Legislature that the public
access policies of this article be carried out in a reasonable manner that considers the
equities and that balances the rights of the individual property owner with the public's
constitutional right of access pursuant to Section 4 of Article X of the California Constitution.
The proposed LCPA balances the public access policies of the Coastal Act with the subject
site’s land use compatibility with the surrounding residential area. The MND identifies
mitigation measures to render any associated environmental impacts to less than significant.
3. No existing coastal access will be impacted by the LCPA. The vacant subject site currently
does not provide a formal opportunity for public coastal access and will continue to lack
public coastal access while undeveloped. Future residential development on the subject site
that will be more compatible with the surrounding residential area could only occur if the
LCPA were certified. At such time, public access requirements on site can be reviewed and
addressed. Without the LCPA, the subject site could remain vacant and without formal
public access indefinitely due to ongoing public concerns with prior development proposals
under the existing zoning.
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123
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125
LEGEND
RL Residential Low Density (max 7 du/ac)
RM Residential Medium Density (max 15 du/ac)
RMH Residential Medium High Density (max 25 du/ac)
RH Residential High Density (>30 du/ac)
CV Commercial Visitor
OS-W Open Space – Water Recreation
Proposed General Plan Map
OS-W
RL
Project Site
RL
RL
RM
ML
RM
ML
RH
ML
RMH
ML
RH
ML
RH
ML
CV
CV
126
127
128
129
130
131
LEGEND
RL Residential Low Density
RM Residential Medium Density
RMH Residential Medium High Density
SBR Sunset Beach Specific Plan - Residential
SBT Sunset Beach Specific Plan - Tourist
SBW Sunset Beach Specific Plan - Waterways
OS-W R Open Space – Water Recreation
Amended Zoning Map
OS-WR
RL
RL
RM
ML
RM
ML
RMH
ML
SBR
SBR
SBR
SBR
SBT
SBT
SBW
RL
132
133
134
VICINITY MAP
General Plan Amendment 19-002/Zoning Map Amendment No. 19-002/Local Coastal Program
Amendment No. 19-001/Mitigated Negative Declaration No. 19-004 (Park Ave Rezone)
Project Site
135
136
137
LEGEND
RL Residential Low Density (max 7 du/ac)
RM Residential Medium Density (max 15 du/ac)
RMH Residential Medium High Density (max 25 du/ac)
RH Residential High Density (>30 du/ac)
CV Commercial Visitor
OS-W Open Space – Water Recreation
Existing General Plan Map
OS-W
OS-W
Project Site
RL
RL
RM
ML
RM
ML
RMH
ML
RH
ML
RH
ML
CV
RH
ML
CV
138
LEGEND
RL Residential Low Density (max 7 du/ac)
RM Residential Medium Density (max 15 du/ac)
RMH Residential Medium High Density (max 25 du/ac)
RH Residential High Density (>30 du/ac)
CV Commercial Visitor
OS-W Open Space – Water Recreation
Proposed General Plan Map
OS-W
RL
Project Site
RL
RL
RM
ML
RM
ML
RH
ML
RMH
ML
RH
ML
RH
ML
CV
CV
139
LEGEND
RL Residential Low Density
RM Residential Medium Density
RMH Residential Medium High Density
SBR Sunset Beach Specific Plan - Residential
SBT Sunset Beach Specific Plan - Tourist
SBW Sunset Beach Specific Plan - Waterways
OS-W R Open Space – Water Recreation
Existing Zoning Map
OS-WR
OS-W R
RL
RL
RM
ML
RM
ML
RMH
ML
SBR
SBR
SBR
SBR
SBT
SBT
SBW
140
LEGEND
RL Residential Low Density
RM Residential Medium Density
RMH Residential Medium High Density
SBR Sunset Beach Specific Plan - Residential
SBT Sunset Beach Specific Plan - Tourist
SBW Sunset Beach Specific Plan - Waterways
OS-W R Open Space – Water Recreation
Proposed Zoning Map
OS-WR
RL
RL
RM
ML
RM
ML
RMH
ML
SBR
SBR
SBR
SBR
SBT
SBT
SBW
RL
141
1
RESPONSE TO COMMENTS FOR
DRAFT MITIGATED NEGATIVE DECLARATION NO. 19-004
I. This document serves as the Response to Comments on the Draft Mitigated Negative
Declaration (MND) No. 19-004. This document contains all information available in the
public record related to General Plan Amendment No. 19-002/Zoning Map Amendment
No. 19-002/Local Coastal Program Amendment No. 19-001 (Park Avenue Rezone) as of
October 15, 2019 and responds to comments in accordance with Section 15088 of the
California Environmental Quality Act (CEQA) Guidelines.
This document contains four sections. In addition to this Introduction, these sections are
Public Participation and Review, Comments, and Responses to Comments.
The Public Participation section outlines the methods the City of Huntington Beach has
used to provide public review and solicit input on the Draft MND. The Comments
section contains those written comments received from agencies, groups, organizations,
and individuals as of August 16, 2019. The Response to Comments section contains
individual responses to each comment.
It is the intent of the City of Huntington Beach to include this document in the official
public record related to the Draft MND. Based on the information contained in the public
record, the decision makers will be provided with an accurate and complete record of all
information related to the environmental consequences of the project.
II. PUBLIC PARTICIPATION AND REVIEW
The City of Huntington Beach notified all responsible and interested agencies and
interested groups, organizations, and individuals that Draft MND No. 19-004 had been
prepared for the proposed project. The City also used several methods to solicit input
during the review period for the preparation of the Draft MND. The following is a list of
actions taken during the preparation, distribution, and review of the Draft MND.
1. An official 30-day public review period for the Draft MND was established.
It began on July 18 and ended on August 16, 2019. Public comment letters
were accepted by the City of Huntington Beach through August 16, 2019.
2. Notice of the Draft MND was published in the Huntington Beach Wave on
July 18, 2019. Upon request, copies of the document were distributed to
agencies, groups, organizations, and individuals.
III. COMMENTS
Copies of all written comments received as of August 16, 2019 are contained in
Appendix A of this document and all comments have been numbered. Response to
Comments for each comment, which raised an environmental issue is contained in this
document.
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2
IV. RESPONSE TO COMMENTS
The Draft MND No. 19-004 was distributed to interested groups, organizations, and
individuals. The report was made available for public review and comment for a period
of 30 days. The public review period for the Draft MND commenced on July 18 and
expired on August 16, 2019.
Copies of all documents received as of August 16, 2019 are contained in Appendix A of
this report. Comments have been numbered with responses correspondingly numbered.
Responses are presented for each comment which raised a significant environmental
issue.
Several comments do not address the completeness or adequacy of the Draft MND or do
not raise significant environmental issues. A substantive response to such comments is
not appropriate within the context of the California Environmental Quality Act (CEQA).
Such comments are responded to with a “comment acknowledged” reference. This
indicates that the comment will be forwarded to all appropriate decision makers for their
review and consideration.
143
APPENDIX A
COMMENTS ON DRAFT MND NO. 19-004
Below is the only comment letter received, which has been bracketed to mark the individual
comments. Comments that raise significant environmental issues are provided with a response.
Comments that are outside of the scope of the CEQA review will be forwarded to the decision
maker for consideration as part of the project review process.
COMMENT LETTER RECEIVED DURING THE DRAFT MND COMMENT PERIOD
No. Commenter/Organization Abbreviation
ORGANIZATION
1 California Coastal Commission – August 9, 2019 CCC
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145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
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APPENDIX B
RESPONSE TO COMMENTS ON DRAFT MND NO. 19-004
ORGANIZATION
CALIFORNIA COASTAL COMMISSION (CCC)
CCC-1 The comment describes the request and subject site. The comment does not
address the completeness or adequacy of the Draft MND and does not raise
significant environmental issues. Comment acknowledged and will be
forwarded to the decision makers for their review and consideration.
CCC-2 The comment describes that CCC staff has indicated over the years that the
requested change in land use and zoning designations at the site from the higher
priority Open Space Water Recreation to the lower priority Low Density
Residential could not be supported by CCC staff due to inconsistency with the
land use policies of the Coastal Act and City’s certified land use plan. The
comment also identifies information that will be necessary to include in the
Local Coastal Program Amendment (LCPA) application that will be submitted
to the CCC. The comment does not address the completeness or adequacy of
the Draft MND and does not raise significant environmental issues. Comment
acknowledged and will be forwarded to the decision makers for their review
and consideration.
CCC-3 The comment states that the site will likely become at risk from sea level rise
(SLR) and explains the significant research that has been done on SLR
including projections and recommendations which are incorporated into the
2018 update of the CCC SLR Policy Guidance. It further states that new
development on the site cannot be protected by a shoreline protective device.
The comment does not address the completeness or adequacy of the Draft MND
and does not raise significant environmental issues. Comment acknowledged
and will be forwarded to the decision makers for their review and consideration.
CCC-4 The comment identifies relevant Coastal Act and Coastal Element policies as
well as additional information that will be required with a future LCPA
application submittal to the CCC for the rezone. The comment does not address
the completeness or adequacy of the Draft MND and does not raise significant
environmental issues. Comment acknowledged and will be forwarded to the
decision makers for their review and consideration.
CCC-5 The comment lists Coastal Act and Coastal Element policies pertaining to
habitat protection as well as other requirements applicable to any future
development. The comment does not address the completeness or adequacy of
the Draft MND and does not raise significant environmental issues. Comment
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acknowledged and will be forwarded to the decision makers for their review
and consideration.
CCC-6 The comment identifies other miscellaneous information that is requested with
a future LCPA application to the CCC for the rezone. The comment does not
address the completeness or adequacy of the Draft MND and does not raise
significant environmental issues. Comment acknowledged and will be
forwarded to the decision makers for their review and consideration.
CCC-7 Pages 10 through 20 of the comment letter provides some information regarding
economic viability determination, suggestions for preparing a wetland
delineation report, and suggestions for the development of mitigation and
monitoring plans for the CCC. The comment does not address the completeness
or adequacy of the Draft MND and does not raise significant environmental
issues. Comment acknowledged and will be forwarded to the decision makers
for their review and consideration.
166
City of Huntington Beach
File #:19-1123 MEETING DATE:12/10/2019
PLANNING COMMISSION STAFF REPORT
TO:Planning Commission
FROM:Ursula Luna-Reynosa, Community Development Director
BY:Ricky Ramos, Senior Planner
SUBJECT:
MITIGATED NEGATIVE DECLARATION (MND) NO. 19-004, GENERAL PLAN
AMENDMENT (GPA) NO. 19-002, ZONING MAP AMENDMENT (ZMA) NO. 19-002,
AND LOCAL COASTAL PROGRAM AMENDMENT (LCPA) NO. 19-001 (PARK
AVENUE REZONE)
REQUEST:
To analyze the potential environmental impacts associated with the proposed
project; to amend the General Plan land use designation from Open Space-
Water Recreation (OS-W) to Residential Low Density (RL); to amend the zoning
designation from Open Space-Water Recreation - Coastal Zone Overlay -
Floodplain Overlay (OS-WR-CZ-FP2) to Residential Low Density - Coastal Zone
Overlay - Floodplain Overlay (RL-CZ-FP2); and to amend the City’s Local
Coastal Program pursuant to the GPA and ZMA.
LOCATION:16926 Park Ave., 92649 (terminus of Park Ave. in Huntington Harbour
APPLICANT:Mike Adams, P.O. Box 392, Huntington Beach, CA 92648
PROPERTY
OWNER:Medhat Rofael, 3922 Sirius Dr., Huntington Beach, CA 92649
BUSINESS
OWNER:Not applicable
STATEMENT OF ISSUE:
1. Is the current Open Space-Water Recreation land use designation for the subject site
appropriate? If not, what is?
2. Are the GPA and ZMA proposed designations compatible with the surrounding area?
3. Is the GPA necessary for the changing needs and orderly development of the community and
consistent with other elements of the General Plan?
4. Does the project satisfy all the findings required for approving an MND, ZMA, and LCPA?
5. Is the MND adequate and complete in that it has identified all significant effects of the project
and any applicable mitigation measures?
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File #:19-1123 MEETING DATE:12/10/2019
RECOMMENDATION:
That the Planning Commission take the following actions:
A) Recommend approval of Mitigated Negative Declaration No. 19-004 with findings (Attachment
No. 1) and mitigation measures; and
B) Recommend approval of General Plan Amendment No. 19-002 by approving draft City Council
Resolution (Attachment No. 2), Zoning Map Amendment No. 19-002 with findings (Attachment
No. 1) by approving draft City Council Ordinance (Attachment No. 3), and Local Coastal Program
Amendment No. 19-001 with findings (Attachment No. 1) by approving draft City Council
Resolution (Attachment No. 4).
ALTERNATIVE ACTION(S):
A) Recommend denial of Mitigated Negative Declaration No. 19-004, General Plan Amendment
No. 19-002, Zoning Map Amendment No. 19-002, and Local Coastal Program Amendment No. 19
-001.
B) Continue Mitigated Negative Declaration No. 19-004, General Plan Amendment No. 19-002,
Zoning Map Amendment No. 19-002, and Local Coastal Program Amendment No. 19-001 and
direct staff accordingly.
PROJECT PROPOSAL:
The proposed project (Attachment No. 6) includes the following requests:
§Mitigated Negative Declaration to analyze the potential environmental impacts associated with
the proposed project;
§General Plan Amendment to amend the General Plan land use designation from Open Space-
Water Recreation (OS-W) to Residential Low Density (RL);
§Zoning Map Amendment to amend the zoning designation from Open Space-Water Recreation
- Coastal Zone Overlay - Floodplain Overlay (OS-WR-CZ-FP2) to Residential Low Density -
Coastal Zone Overlay - Floodplain Overlay (RL-CZ-FP2); and
§Local Coastal Program (LCP) Amendment to amend the City’s certified LCP pursuant to the
GPA and ZMA subject to California Coast Commission certification (approval).
Background:
The subject site is a vacant 6,179 square foot property located at the terminus of Park Avenue in
Huntington Harbour. In July 2017, the Planning Commission denied a request from the property
owner to construct a boat marina with a community dock, a two-story building with a 508 sq. ft.
marina office and public restroom on the first floor, a one-bedroom 565 sq. ft. caretaker’s unit on theCity of Huntington Beach Printed on 12/6/2019Page 2 of 8
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File #:19-1123 MEETING DATE:12/10/2019
marina office and public restroom on the first floor, a one-bedroom 565 sq. ft. caretaker’s unit on the
second floor, and a detached 441 sq. ft. two-car garage on the subject site. The applicant appealed
the Planning Commission’s action but subsequently requested multiple continuances of the City
Council public hearing. The 2017 appeal is still pending before the City Council. It should be noted
that a previous project, including a marina and a much larger caretaker’s unit, was also denied by the
City Council many years ago.
In 2018 the property owner and the City entered into a Settlement Agreement whereby the City
agreed to process the proposed requests for a rezone identified above at a reduced fee. In
exchange, the property owner agreed to withdraw the marina project that is on appeal to the City
Council upon final approval of the proposed rezone. The request would change the permitted land
uses on the site from water recreation (i.e. marina) to residential. No development is proposed with
this application.
Study Session:
The Planning Commission held a study session on the project on Nov. 12, 2019 and requested the
following information:
1. Were there any findings for denial relative to residential in the Planning Commission’s previous
action on the marina and caretaker’s unit request in 2017?
The Planning Commission’s findings for denial of Conditional Use Permit No. 13-022 and
Coastal Development Permit No. 13-014 in July 2017 pertained primarily to lack of adequate
vehicular and pedestrian access to the site and that the caretaker’s unit was not needed
based on the scope, size, and operational characteristics of the proposed marina project.
2. Would AB 68 allow an accessory dwelling unit (ADU) and junior ADU by right on the subject
site?
An ADU and a junior ADU would be permitted. New construction would require a coastal
development permit but a public hearing is not required pursuant to Government Code Section
65852.2 which states:
Nothing in this section shall be construed to supersede or in any way alter or lessen the
effect or application of the California Coastal Act of 1976 (Division 20 (commencing with
Section 30000) of the Public Resources Code), except that the local government shall
not be required to hold public hearings for coastal development permit applications for
accessory dwelling units.
3. Are there any density bonus impacts on the subject site?
No, because density bonus laws pertain to property which is zoned and general planned to
allow five or more dwelling units that propose to provide affordable housing or senior citizen
housing.
4. What are the sea level rise (SLR) requirements on the subject site?
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General Plan Goal HAZ-2 addresses coastal hazards. The policies below relate to SLR:
HAZ-2A - Promote appropriate land uses and development patterns within potential sea level
rise areas identified in the Sea Level Rise Hazard Area established in Figure HAZ-6.
HAZ-2B - Implement priority measures to reduce and mitigate sea level rise impacts to
property and infrastructure outlined in the Coastal Resiliency Program.
Figure HAZ-6 shows that Huntington Harbour, among others, is subject to potential SLR.
However, the City currently does not have an ordinance that identifies SLR development
requirements to implement the General Plan SLR goals and policies. When the City embarks
on an update to its Local Coastal Program, it is possible that the Coastal Commission will
require the City to establish development requirements that address SLR.
Additionally, Coastal Commission staff commented on the MND and stated that the site will
likely become at risk from SLR and that new development on the site cannot be protected by a
shoreline protective device. It is anticipated that the Coastal Commission will address this
issue when they review the LCPA.
ISSUES AND ANALYSIS:
Subject Property And Surrounding General Plan Designations, Zoning And Land Uses:
LOCATION GENERAL PLAN ZONING LAND USE
Subject Property:Open Space-Water
Recreation (OS-W)
Open Space-Water
Recreation-Coastal Zone
Overlay-Floodplain
Overlay (OS-WR-CZ-
FP2)
Vacant
North and East of
Subject Property:
OS-W OS-WR-CZ-FP2 Midway Channel
South of Subject
Property:
Residential High
Density (RH)
(uncertified)
Sunset Beach Specific
Plan - Residential (SBSP)
(uncertified)
Single and Multi-
Family Dwellings
West of Subject
Property:
OS-W, RH OS-WR-CZ-FP2, SBSP Vacant, Midway
Channel, Single and
Multi-Family Dwellings
General Plan Conformance:
The General Plan states that the OS-W designation provides for water bodies used for recreational
purposes, such as boating, swimming, and water sports. Given the previous denials by the City of
variations of a proposed marina with caretaker’s unit and concerns with compatibility with the
surrounding residential area, the applicant is now proposing an RL designation on the subject
property. The RL designation provides primarily for traditional detached single-family housing. The
RL designation is found on other single family residential properties in Huntington Harbour just across
the channel from the subject site and is compatible with the surrounding residential area. The current
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the channel from the subject site and is compatible with the surrounding residential area. The current
OS-W designation is not only less compatible with the surrounding residential area, it also does not fit
the subject property because it is not a body of water.
State law does not require precise conformity of a proposed project with the General Plan. Instead, a
proposed project is required to be in agreement or in harmony with the terms of the General Plan but
not in rigid conformity with its every detail. The requested RL land use and zoning designations are
consistent with the goals, objectives, and policies of the General Plan as follows:
A.Land Use Element
Policy LU-2D - Maintain and protect residential neighborhoods by avoiding encroachment of
incompatible land uses.
Goal LU-4 - A range of housing types is available to meet the diverse economic, physical, and
social needs of future and existing residents, while neighborhood character and residences are
well maintained and protected.
B.Housing Element
Policy 2.1 - Provide site opportunities for development of housing that responds to diverse
community needs in terms of housing types, cost and location, emphasizing locations near
services and transit that promote walkability.
Policy 3.1 - Encourage the production of housing that meets all economic segments of the
community, including lower, moderate, and upper income households, to maintain a balanced
community.
The proposed GPA and ZMA will give the subject site a residential land use and zoning
designation that is less intense and more compatible with the surrounding residential area
compared to the existing designation. It will potentially allow for the construction of a single family
dwelling unit with channel access subject to approval by the City of a coastal development permit.
The vacant subject site currently does not provide a formal opportunity for public coastal access
and will continue to lack public coastal access while undeveloped. Future residential
development on the subject site that will be more compatible with the surrounding residential area
could only occur if the GPA and ZMA were certified. Public access requirements on site can be
reviewed and addressed upon submittal of a proposed residential development. Without the GPA
and ZMA, the subject site could remain vacant and without formal public access indefinitely due to
ongoing public concerns with prior development proposals under the existing land use and zoning
designations.
Zoning Compliance:
Zoning Map Amendment
The applicant is proposing to amend the zoning designation from OS-WR-CZ-FP2 to RL-CZ-FP2 in
conformance with the proposed GPA. The OS-WR zoning district provides for marinas, minor
utilities, and accessory uses/structures (Attachment No. 12). The RL zoning district is compatible
with the surrounding residential area and provides for primarily residential uses (Attachment No. 11).City of Huntington Beach Printed on 12/6/2019Page 5 of 8
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with the surrounding residential area and provides for primarily residential uses (Attachment No. 11).
If the rezone were approved, based on the size of the subject site and the existing 10 foot wide
access easement from Park Ave. to the property, the applicant could propose a single family
residence subject to approval by the City of a coastal development permit. Other uses that are
considered single family residential and permitted include, among others, residential alcohol recovery
limited and residential care limited. Other non-residential uses commonly found in residential areas
such as parks, public safety facilities, and schools, among others are also permitted in RL primarily
with a conditional use permit from the Planning Commission. However, the subject site’s existing 10-
foot wide access easement would not provide adequate access by the zoning code for non-
residential uses. The subject site complies with the RL minimum building site requirement of 6,000
square feet and 60 ft. lot width.
A community need is demonstrated for the change proposed because the RL-CZ-FP2 designation is
more compatible with the surrounding residential area than the existing OS-WR-CZ-FP2 designation.
Its adoption will be in conformity with public convenience, general welfare and good zoning practice
because the RL-CZ-FP2 designation provides for the continuation of the residential character of the
surrounding area and reduces the potential encroachment of incompatible land uses into an
established residential area.
Local Coastal Program Amendment
The proposed LCPA to reflect the land use and zoning changes proposed by the GPA and ZMA is
consistent with the General Plan designations in that they provide for the continuation of residential
land use and zoning consistent with the existing residential area surrounding the subject site.
The proposed change to the Local Coastal Program is in accordance with the policies, standards and
provisions of the California Coastal Act that encourage promotion of public access and mitigating
adverse impacts associated with development. The proposed GPA and ZMA will give the subject site
a residential zoning designation that is more compatible with the surrounding residential area
compared to the existing designation. It will potentially allow for the construction of a single family
dwelling unit with channel access subject to approval by the City of a coastal development permit.
No existing coastal access will be impacted by the LCPA. The vacant subject site currently does not
provide a formal opportunity for public coastal access and will continue to lack public coastal access
while undeveloped. Future residential development on the subject site that will be more compatible
with the surrounding residential area could only occur if the LCPA were certified. At such time, public
access requirements on site can be reviewed and addressed. Without the LCPA, the subject site
could remain vacant and without formal public access indefinitely due to ongoing public concerns
with prior development proposals under the existing zoning.
The Coastal Act states in Section 30214 that: It is the intent of the Legislature that the public access
policies of this article be carried out in a reasonable manner that considers the equities and that
balances the rights of the individual property owner with the public's constitutional right of access
pursuant to Section 4 of Article X of the California Constitution. The proposed LCPA balances the
public access policies of the Coastal Act with the subject site’s land use compatibility with the
surrounding residential area. The MND identifies mitigation measures to render any associated
environmental impacts to less than significant.
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Urban Design Guidelines Conformance:
Future development proposals on the subject site will be reviewed for compliance with the citywide
Urban Design Guidelines.
Environmental Status:
Staff has prepared an environmental assessment and determined that no significant impacts are
anticipated as a result of the proposed project that could not be mitigated to a level of insignificance.
Subsequently, draft MND No. 19-004 was prepared with mitigation measures in the area of biological
resources pursuant to the provisions of the Huntington Beach Zoning and Subdivision Ordinance
(HBZSO) and the California Environmental Quality Act (CEQA). Draft MND No. 19-004 was available
for a 30-day public review period from July 18 to August 16, 2019 (available at
<https://huntingtonbeachca.gov/government/departments/planning/environmental-
reports/environmental-report-view.cfm?ID=55>). Comments were received from the Coastal
Commission and a response has been included (Attachment No. 9).
Environmental Board Comments:
The Environmental Board was notified of the MND. However, the Environmental Board did not have
a meeting during the MND public review period due to a lack of members.
Prior to any action on the GPA, ZMA, and LCPA, it is necessary for the Planning Commission to
review and act on the MND. Staff, in its initial study of the project, is recommending that the MND be
approved with findings and mitigation measures.
Coastal Status:
If approved by the City Council, the LCPA will be forwarded to the Coastal Commission for review
and certification.
Design Review Board:
Not applicable
Subdivision Committee:
Not applicable
Other Departments Concerns and Requirements:
Not applicable
Public Notification:
Legal notice was published in the Huntington Beach Wave on Thursday, November 28, 2019 and
notices were sent to property owners of record within a 500 ft. radius of the subject property,
individuals/organizations requesting notification (Community Development Department’s Notification
Matrix), applicant, and interested parties.
Application Processing Dates:
DATE OF COMPLETE APPLICATION:MANDATORY PROCESSING DATE(S):
March 26, 2019 Not applicable for legislative applications
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SUMMARY:
Staff recommends approval of MND No. 19-004, GPA No. 19-002, ZMA No. 19-002, and LCPA No.
19-001 based on the following:
- The MND is adequate, complete, and has identified all significant effects of the project and
any applicable mitigation measures.
- The GPA and ZMA proposed designations provide for the continuation of the residential
character of the surrounding residential area and reduces the potential encroachment of
incompatible land uses.
- The GPA and ZMA are consistent with the General Plan and Local Coastal Program and its
goals, objectives, and policies.
- The LCPA conforms to the Coastal Act policies that encourage promotion of public access and
mitigating adverse impacts from development.
ATTACHMENTS:
1. Suggested Findings for Approval of MND No. 19-004, ZMA No. 19-002, and LCPA No. 19-001
2. Draft City Council Resolution for GPA No. 19-002
3. Draft City Council Ordinance for ZMA No. 19-002
4. Draft City Council Resolution for LCPA No. 19-001
5. Vicinity Map
6. Project Narrative received and dated Feb. 21, 2019
7. Existing and Proposed General Plan Land Use Designation Maps
8. Existing and Proposed Zoning Maps
9. Response To Comments Draft MND No. 19-004
10. Draft MND No. 19-004 (not attached but available at
<https://huntingtonbeachca.gov/government/departments/planning/environmental-
11. Chapter 210 (Residential Districts) (not attached but available at
<http://www.qcode.us/codes/huntingtonbeach/view.php?topic=zoning_code-21-210&showAll=1>
12. Chapter 213 (Open Space District) (not attached but available at
<http://www.qcode.us/codes/huntingtonbeach/view.php?topic=zoning_code-21-213&showAll=1>
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PARK AVE. REZONE
General Plan Amendment (GPA) No.19-002
Zoning Map Amendment (ZMA) No. 19-002
Local Coastal Program Amendment (LCPA) No. 19-001
Mitigated Negative Declaration (MND) No. 19-004
Feb. 18, 2020
175
PROJECT SITE
Vacant +6,000 square
foot lot at terminus of
Park Avenue
Project Site
176
BACKGROUND
Years ago a marina with a larger caretaker’s unit at the site was
denied by City Council
2017 Planning Commission denied a request to construct a smaller
marina and caretaker’s unit at the site
Project pending appeal to City Council
2018 Settlement Agreement –City agreed to process rezone request
at a reduced fee and property owner agreed to withdraw the marina
project on appeal to City Council upon final approval of the rezone
177
REQUEST
GPA 19 -002 -To amend the land use
designation:
from Open Space-Water Recreation
(OS-W)
to Residential Low Density (RL)
Existing Proposed 178
REQUEST
ZMA 19-002 -To amend the zoning
designation:
from Open Space-Water Recreation
-Coastal Zone Overlay –Floodplain
Overlay (OS-WR-CZ-FP2)
to Residential Low Density (RL-CZ-
FP2)
Existing Proposed 179
REQUEST
LCPA 19-001 –To amend the City’s LCP pursuant to the GPA and ZMA subject to approval by the CA Coastal Commission
MND 19-004 –To analyze the potential environmental impacts associated with the proposed project
Request would change permitted land use from water recreation (i.e. marina) to residential to be more compatible with the surrounding residential area
No development proposed at this time
If RL approved, site could potentially be developed with a single family dwelling with City approval of a coastal development permit
180
ANALYSIS
MND adequate, complete, and identifies applicable mitigation measures
Consistent with General Plan policies (protect residential neighborhoods from encroachment of incompatible land uses; add to housing stock)
Balances public access policies of Coastal Act with subject site’s land use compatibility with surrounding residential area
181
RECOMMENDATION
Planning Commission and staff recommend approval based on these reasons
Dec. 10, 2019 Planning Commission hearing –no speakers other than the applicant
182
END
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