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HomeMy WebLinkAbout2020-05-04 Agenda Packet (Revised) AGENDA – Revised Final City Council/Public Financing Authority Monday, May 4, 2020 at 5:00 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 Recorded live from the City Council Chambers 2000 Main Street Huntington Beach, CA 92648 SPECIAL NOTICE REGARDING COVID-19 STAFF OLIVER CHI, City Manager MICHAEL E. GATES, City Attorney ROBIN ESTANISLAU, City Clerk ALISA BACKSTROM, City Treasurer On March 4, 2020, Governor Newsom proclaimed a State of Emergency in California as a result of the threat of COVID-19. On March 17, 2020, Governor Newsom issued Executive Order N-29-20 which allows a local legislative body to hold public meetings via teleconferencing, and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeking to observe and to address the local legislative body. Pursuant to Executive Order N-29-20, please be advised that some members of the Huntington Beach City Council and/or City staff may participate in this meeting telephonically or electronically. PUBLIC PARTICIPATION/AUDIO/VIDEO ACCESS TO BROADCASTED MEETINGS: Pursuant to Executive N-29-20 and given the current health concerns, members of the public are encouraged to access the meeting live on-line at https://huntingtonbeach.legistar. com, or can elect to view the meeting via cable television channel HBTV-3. To ensure the public’s right to participate in this legislative session, please perform the following: 1. In order to ensure adequate social distancing, the City will not make a physical location available for the public to observe the meeting or offer public comment in person. The City Council Chambers will be closed to the public. 2. PUBLIC COMMENTS: Members of the public wishing to participate in the City Council meeting by submitting public comments on agenda or non-agenda items, can submit one communication per person of 300 words or less at https://huntingtonbeachca.gov/HBPublicComments/. Public Comment communications received in this way will be included as part of the meeting and read aloud to the City Council during the meeting. Public Comments must be received no later than 4:00 PM the day of the meeting in order to ensure inclusion into, and read during, the meeting. 3. SUPPLEMENTAL COMMUNICATION (information received by the City Clerk's Office following distribution of the Council agenda packet): Members of the public wishing to submit written (supplemental) communication on agenda items for distribution to the City Council and placed into the administrative record can email SupplementalComm@Surfcity-hb.org. Supplemental Communications received by 2:00 PM the day of the meeting will be distributed to City Council prior to consideration of agenda-related items, and will be announced, but not read, and placed into the administrative record during the Supplemental Communications portion of the Meeting. In addition, any communications sent to city.council@surfcity-hb.org on Council agenda items will be treated as Supplemental Communications and announced, but not read, during the meeting. MEETING ASSISTANCE NOTICE: In accordance with the Americans with Disabilities Act, services are available to members of our community who require special assistance to participate in public meetings. If you require special assistance, 48-hour prior notification will enable the City of make reasonable arrangements for an assisted listening device (ALD) for the hearing impaired, American Sign Language interpreters, a reader during the meeting and/or large print agendas. Please contact the City Clerk's Office at (714) 536- 5227 for more information. 1 AGENDA May 4, 2020City Council/Public Financing Authority 5:00 PM - COUNCIL CHAMBERS CALL TO ORDER ROLL CALL Posey, Delgleize, Hardy, Semeta, Peterson, Carr, Brenden ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS PERTAINING TO CLOSED SESSION ITEMS (Received After Agenda Distribution) PUBLIC COMMENTS PERTAINING TO CLOSED SESSION ITEMS (3 Minute Time Limit) RECESS TO CLOSED SESSION CLOSED SESSION ANNOUNCEMENT(S) 20-16021.Mayor Semeta to Announce: Pursuant to Government Code § 54957.6, the City Council shall recess into Closed Session to meet with its designated labor negotiator: Oliver Chi, City Manager; also in attendance: Travis Hopkins, Assistant City Manager, regarding the following: Huntington Beach Municipal Teamsters (HBMT); Management Employees' Organization (MEO); Police Officers’ Association (POA); Police Management Association (PMA); Huntington Beach Firefighters’ Association (HBFA); Fire Management Association (FMA); Marine Safety Management Association (MSMA) Surf City Lifeguard Employees’ Association (SCLEA) and Non-Represented (Non-Associated) Employees (NA). CLOSED SESSION 20-15902.Pursuant to Government Code § 54956.9(d)(4), the City Council shall recess into Closed Session to confer with the City Attorney regarding whether to authorize the City Attorney to provide Amicus Support in the Petition to the United States Supreme Court for review of the case Higginson v. Xavier Becerra, et al. Higginson v. Becerra, No. 18-55455 (9th Cir. Jul. 31, 2018). 20-16013.Pursuant to Government Code § 54957.6, the City Council shall recess into Closed Session to meet with its designated labor Page 1 of 5 2 AGENDA May 4, 2020City Council/Public Financing Authority negotiator: Oliver Chi, City Manager; also in attendance: Travis Hopkins, Assistant City Manager, regarding the following: Huntington Beach Municipal Teamsters (HBMT); Management Employees' Organization (MEO); Police Officer's Association (POA); Police Management Association (PMA); Huntington Beach Firefighters’ Association (HBFA); Fire Management Association (FMA); Marine Safety Management Association (MSMA) Surf City Lifeguard Employees’ Association (SCLEA) and Non-Represented (Non-Associated) Employees (NA). 20-16054.Pursuant to Government Code §54956.9(d)(2), the City Council shall recess into Closed Session to confer with the City Attorney regarding potential litigation. Number of cases, two (2). 6:00 PM – COUNCIL CHAMBERS RECONVENE CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING ROLL CALL Posey, Delgleize, Hardy, Semeta, Peterson, Carr, Brenden PLEDGE OF ALLEGIANCE INVOCATION In permitting a nonsectarian invocation, the City does not intend to proselytize or advance any faith or belief. Neither the City nor the City Council endorses any particular religious belief or form of invocation. 20-15505.Marilyn Anonia of Saint Simon and Jude Catholic Church and member of the Greater Huntington Beach Interfaith Council CLOSED SESSION REPORT BY CITY ATTORNEY ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) PUBLIC COMMENTS (all agenda and non-agenda items): Members of the public wishing to submit comments on agenda or non-agenda items that will be read live during the Public Comments portion of the meeting can submit one communication per person of 300 words or less at: https://huntingtonbeachca.gov/HBPublicComments/. Public Comments must be received no later than 4:00 PM the day of the meeting. Page 2 of 5 **Added Item 3 AGENDA May 4, 2020City Council/Public Financing Authority COUNCIL COMMITTEE - APPOINTMENTS - LIAISON REPORTS, AB 1234 REPORTING, AND OPENNESS IN NEGOTIATIONS DISCLOSURES CITY MANAGER'S REPORT 20-14866.Ascon Landfill Site Update 20-15977.Update of the City COVID-19 Response Plan and Actions for Review and Discussion CONSENT CALENDAR 20-15798.Approve and Adopt Minutes A) Approve and adopt the City Council/Public Financing Authority special meeting minutes dated March 31, 2020, as written and on file in the office of the City Clerk; and, B) Approve and adopt the City Council/Public Financing regular, and Housing Authority special meeting minutes dated April 6, 2020, as written and on file in the office of the City Clerk. Recommended Action: 20-15749.Receive and File the City Treasurer's March 2020 Quarterly Investment Summary Report Receive and File the City Treasurer’s Quarterly Investment Report for March 2020, pursuant to Section 17.0 of the Investment Policy of the City of Huntington Beach. Recommended Action: 20-153710.Approve the West Orange County Water Board (WOCWB) proposed budget for Fiscal Year 2020/21, with the City of Huntington Beach amount of $1,048,936 Approve the WOCWB proposed budget for Fiscal Year 2020/21, with the City of Huntington Beach amount of $1,048,936. Recommended Action: 20-157611.Adopt Resolution No. 2020-23 authorizing certain City Officials to execute Grant Applications and Documents Adopt Resolution No. 2020-23, "A Resolution of the City Council of the City of Huntington Recommended Action: Page 3 of 5 4 AGENDA May 4, 2020City Council/Public Financing Authority Beach Authorizing Certain City Officials to Execute Grant Applications and Documents.” 20-159312.Request for approval to establish a Payment Deferral Program for Tourism Business Improvement District (TBID) assessments collected by the City in Response to COVID-19 - Resolution No. 2020-27 Adopt Resolution 2020-27, “A Resolution of the City Council of the City of Huntington Beach Establishing a City Policy Regarding the Deferral of Huntington Beach Tourism Business Improvement District Assessment in Response to COVID-19,” related to the establishment of a TBID payment deferral program, which has been approved by the board of VisitHB. Recommended Action: PUBLIC HEARING 20-159413.Adopt Resolution No. 2020-29 to authorize and adopt a Five-Year Plan for Permanent Local Housing Allocation (PLHA) Program Funds and to submit an application for funding in year 1 (Fiscal Year 2020-2021) Adopt Resolution No. 2020-29, “A Resolution of the City Council of the City of Huntington Beach to Authorize and Adopt a Five-Year Plan for Permanent Local Housing Allocation Program Funds and to Submit an Application for Funding in Year 1 (Fiscal Year 2020-2021).” Recommended Action: ADMINISTRATIVE ITEMS 20-159214.Recommendations for establishing the Huntington Beach Economic Recovery Task Force A) Form a nine (9) member Huntington Beach Economic Recovery Task Force comprised of local business leaders to provide guidance and recommendations to the City Council on matters related to potential COVID-19 economic recovery efforts; and , B) Appoint two members of the City Council to act as liaisons to the Task Force, including the Mayor and immediate past Mayor. Recommended Action: 20-160315.Adopt Resolution No. 2020-30 supporting the Orange County Board of Supervisors’ efforts to address Commercial Re-Openings in response to COVID-19 Page 4 of 5 5 AGENDA May 4, 2020City Council/Public Financing Authority Adopt Resolution No. 2020-30, “A Resolution of the City Council of the City of Huntington Beach Supporting the Orange County Board of Supervisors’ Efforts to Address Commercial Re-Openings in Response to COVID-19 .” Recommended Action: COUNCILMEMBER ITEMS 20-160416.Submitted by Councilmember Posey - Direct staff to research expanded Outdoor Dining Program for COVID-19 restaurant relief Based on my assessment of the situation, I am requesting that the City Council vote to direct staff to develop a program that would temporarily convert adjacent public spaces into outdoor dining areas to allow restaurants greater dining capacity, given COVID-19 social distancing requirements. Recommended Action: COUNCILMEMBER COMMENTS (Not Agendized) ADJOURNMENT The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority is Monday, May 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 Page 5 of 5 6 City of Huntington Beach File #:20-1602 MEETING DATE:5/4/2020 Mayor Semeta to Announce: Pursuant to Government Code § 54957.6, the City Council shall recess into Closed Session to meet with its designated labor negotiator: Oliver Chi, City Manager; also in attendance: Travis Hopkins, Assistant City Manager, regarding the following: Huntington Beach Municipal Teamsters (HBMT); Management Employees' Organization (MEO); Police Officers’ Association (POA); Police Management Association (PMA); Huntington Beach Firefighters’ Association (HBFA); Fire Management Association (FMA); Marine Safety Management Association (MSMA) Surf City Lifeguard Employees’ Association (SCLEA) and Non-Represented (Non-Associated) Employees (NA). City of Huntington Beach Printed on 4/29/2020Page 1 of 1 powered by Legistar™7 City of Huntington Beach File #:20-1590 MEETING DATE:5/4/2020 Pursuant to Government Code § 54956.9(d)(4), the City Council shall recess into Closed Session to confer with the City Attorney regarding whether to authorize the City Attorney to provide Amicus Support in the Petition to the United States Supreme Court for review of the case Higginson v. Xavier Becerra, et al. Higginson v. Becerra, No. 18-55455 (9th Cir. Jul. 31, 2018). City of Huntington Beach Printed on 4/29/2020Page 1 of 1 powered by Legistar™8 City of Huntington Beach File #:20-1601 MEETING DATE:5/4/2020 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; also in attendance: Travis Hopkins, Assistant City Manager, regarding the following: Huntington Beach Municipal Teamsters (HBMT); Management Employees' Organization (MEO); Police Officer's Association (POA); Police Management Association (PMA); Huntington Beach Firefighters’ Association (HBFA); Fire Management Association (FMA); Marine Safety Management Association (MSMA) Surf City Lifeguard Employees’ Association (SCLEA) and Non-Represented (Non-Associated) Employees (NA). City of Huntington Beach Printed on 4/29/2020Page 1 of 1 powered by Legistar™9 City of Huntington Beach File #:20-1605 MEETING DATE:5/4/2020 Pursuant to Government Code § 54956.9(d)(2), the City Council shall recess into Closed Session to confer with the City Attorney regarding potential litigation. Number of cases, two (2). City of Huntington Beach Printed on 4/30/2020Page 1 of 1 powered by Legistar™10 City of Huntington Beach File #:20-1550 MEETING DATE:5/4/2020 Marilyn Anonia of Saint Simon and Jude Catholic Church and member of the Greater Huntington Beach Interfaith Council City of Huntington Beach Printed on 4/30/2020Page 1 of 1 powered by Legistar™11 City of Huntington Beach File #:20-1486 MEETING DATE:5/4/2020 Ascon Landfill Site Update City of Huntington Beach Printed on 4/30/2020Page 1 of 1 powered by Legistar™12 City of Huntington Beach File #:20-1597 MEETING DATE:5/4/2020 Update of the City COVID-19 Response Plan and Actions for Review and Discussion City of Huntington Beach Printed on 4/30/2020Page 1 of 1 powered by Legistar™13 From:Estanislau, Robin To:Esparza, Patty Subject:FW: Public Comments: Enactment & Enforcement of COVID-19 Safety Measures Date:Tuesday, April 28, 2020 10:35:39 AM Attachments:image001.png COVID-19?   Robin Estanislau, CMC, City Clerk City of Huntington Beach 714-536-5405 Please consider the HB City Clerk's office for your passport needs!     From: Newport Beach Women's Democratic Club <Info@NBWDC.org>  Sent: Tuesday, April 28, 2020 9:49 AM To: Semeta, Lyn <Lyn.Semeta@surfcity-hb.org>; Hardy, Jill <Jill.Hardy@surfcity-hb.org>; Brenden, Patrick <Patrick.Brenden@surfcity-hb.org>; Carr, Kim <Kim.Carr@surfcity-hb.org>; Delgleize, Barbara <Barbara.Delgleize@surfcity-hb.org>; Peterson, Erik <Erik.Peterson@surfcity-hb.org>; Posey, Mike <Mike.Posey@surfcity-hb.org> Cc: Fikes, Cathy <CFikes@surfcity-hb.org>; Estanislau, Robin <Robin.Estanislau@surfcity-hb.org>; Johanna.Dombo@surfcity-hb.org Subject: Public Comments: Enactment & Enforcement of COVID-19 Safety Measures   Dear Mayor Semeta and Huntington Beach City Council, The Newport Beach Women's Democratic Club strongly urges the Huntington Beach City Council to follow the recommended safety measures of California State officials to prevent the spread of the Coronavirus (COVID-19) in Huntington Beach and surrounding communities. This includes enacting and enforcing the following measures in Huntington Beach: California’s State-wide, Stay-At-Home closure policies—including but not limited to all metered parking spots at local beaches and recreational areas; Orange County Health Officer’s Order, which temporarily bans all public gatherings, with specifically noted exceptions (Emergency Regulations, dated March 17, 2020); CDC safety guidelines and precautions; and Closure of all County parks, beaches, and recreational facilities. Our organization along with other community leaders are concerned about the safety of Huntington Beach residents and we look to all of you as the governing body of Huntington Beach to protect and minimize risk for your constituents. 14 This is particularly important for Huntington Beach because it is dealing not only with increasing beach visitors as the weather warms, but also the large crowds of demonstrators who endanger the health and safety of our residents. Respectfully, Board of Directors Newport Beach Women’s Democratic Club Advocating for Democratic values in Newport Beach P O Box 11761 | Newport Beach, CA 92658 | 949.423.6468 NBWDC.org | Facebook/Twitter/Instagram @NBWDC Paid for by the Newport Beach Women’s Democratic Club, FEC ID# C00570168 Note: Your donations and payments to political-party organizations, like NBWDC, are not tax-deductible. 15 From:Brittany Berryman To:supplementalcomm@surfcity-hb.org Subject:Please Close the Beaches - An HB Small Business Plea Date:Wednesday, April 29, 2020 1:57:10 PM To the City of Huntington Beach, We write to you today as concerned HB residents who both own a small business and multiple properties in this amazing city. We're a brother sister duo who has built and grown Bark City Dog Daycare and Boarding, an extremely successful business and community caring for thousands of dogs in this city. On March 23, we made the very difficult decision to temporarily close to honor the state's most recent stay-at-home order to slow the spread of COVID-19. We felt like this was the only decision to make given that our mission is to prioritize the health and well-being of the dogs in our care and our greater Bark City community. As both influential HB small business owners and residents, we are upset because we believe the City is acting recklessly by keeping our beaches open. By doing so, the City is not protecting its residents and business owners, as thousands of other Southern California residents flock to HB to take advantage of our open beaches. Consequently, the City is allowing potential virus carriers from areas of higher rates (like LA or San Diego) to enter our communities. That matters to us both as residents and as small businesses owners. These virus carrying people from out of HB could cause our COVID-19 numbers to go up in the coming weeks and consequently, not only put our family at risk but also delay our business in reopening. We have made a financial sacrifice to protect our community and Huntington Beach and the City's reckless decision to keep the beaches open is spitting in the face of that sacrifice. This weekend is supposed to bring more beautiful weather. Will you as the City close our beaches and continue to protect us as residents like you have through so many other initiatives? Will you as the City close our beaches and protect our small businesses? Or will you as the City leave our beaches open and endanger our community? Will you allow virus carriers to enter our community and potentially increase our COVID- 19 cases and push back our ability to re-open as a small business? We ask that you please protect us and close the city's beaches. For our families, for our economy, for our community. Thank you, Brittany Berryman and Bryson Berryman -- Brittany Berryman COO, Bark City Dog Daycare and Boarding Huntington Beach, CA (714) 536-5045 16 From:Jerry Jones To:Agenda Alerts Subject:RESIDENT OBJECTION TO HUNTINGTON BEACH OPENING Date:Wednesday, April 29, 2020 2:38:03 PM Dear HB City Council I want to register my complaint about opening Huntington Beach's beach front. The governor has rightly set a policy of social distancing and self isolation as a priority during this COVID-19 pandemic, which still is increasing in case rates. HB has many vulnerable citizens, especially seniors. Treatment of COVID disease is a horrible experience. Our city governance should stiffen their resolve to create a healthy safe environment. Now is not the time to bow to those wanting to open the economy to business as usual. Feelings, hopes, anxiety and bottom lines are not basis for action; worsening disease data are. feel their pain too, but that is trumped by the potential morbidity and mortality caused by COVID-19 disease. Don't give in to bad choices. Sincerely, Jerome H. Jones, M.D, MPH 6801 Presidio Drive, Huntington Beach, CA 92648 (714) 536-3683 17 From:Estanislau, Robin on behalf of To:supplementalcomm@surfcity-hb.org Subject:Supplemental Comments on Council Agenda Items Date:Wednesday, April 29, 2020 12:55:18 PM Sent: Sunday, April 26, 2020 1:39 PM To: Subject: Public Comments on Council Agenda Items Subject Beach / parking lots Name Patty Reid Email pattyandrj@yahoo.com Comments I realize this is a tough subject but we have a deadly virus going around & people are flocking to the beach with nowhere to park And no masks on. They will park literally anywhere. I’m on 15th & Pecan & there is no parking & hasn’t been since Friday. My suggestion: open parking lots & severely cone every other space or put those wood triangles up. But to leave us residents in such a dismal situation is irresponsible, inconsiderate and downright deplorable. Or just close the beach. But THIS decision is NOT working. And for Gods sake, to tweet it out is just embarrassing. It’s even made its way to London via Daily Mail & TMZ. My ex in Reno, NV said it’s on the news there, and it’s sounding laughable Florida & Southern California ( they actually mentioned Huntington & Newport Beaches ) how they are handling this. Make a better decision. For the safety of your residents who pay our taxes & your salaries. Thank you. 18 From:Estanislau, Robin on behalf of To:supplementalcomm@surfcity-hb.org Subject:Supplemental Communication on Council Agenda Items Date:Wednesday, April 29, 2020 3:18:54 PM Sent: Sunday, April 26, 2020 10:57 AM Subject: Supplemental Communications on Council Agenda Items Subject Open beach causing dangerous residential vehicle and people traffic Name Concerned, 20-year HB Homeowner and Citizen Email suepad@earthlink.net Comments I've been a downtown HB homeowner for almost 20 years, and this is my first registered complaint. I'm very concerned about the city's decision to keep the beach open while closing beach parking. This is like having one weak link in a chain. This decision is causing downtown residential streets to be overwhelmed with vehicle and people traffic. Visitors are standing around and walking right by my house with no masks, no social distancing, and there's honking and arguing over parking spots on my street. This is dangerous to HB's residents, especially older ones like in my home. I'm registering my concern to HB's City Council. Keeping beaches open was a good experiment but it's not working. I strongly suggest HB close the beach to keep residents safe from irresponsible visitors potentially spreading COVID-19 to local HB residents. As our city's leadership, please protect us, HB citizens! 19 Status New Work Order #287503 Reporter Name margaret french Email margfrench@gmail.com Phone 714-943-1559 Report Submitted APR 27, 2020 - 7:14 AM From:MyHB To:Switzer, Donna; Esparza, Patty; Estanislau, Robin; Moore, Tania Subject: MyHB-#287503 Agenda & Public Hearing Comments [] Date:Monday, April 27, 2020 7:14:11 AM MyHB New Report Submitted - #287503 Issue Type Agenda & Public Hearing Comments Subtype City Council Meeting Notes WHAT THE HECK IS THE MATTER WITH YOU ALL IN MANAGEMENT??? CLOSE THE BEACHES!! EVERY PERSON OUT THERE NEGATED ALL THE FLIPPING HARD WORK THE REST OF US HAVE DONE WHO RESPECT HOW DANGEROUS COVID 19 IS... YOU ARE SO IRRESPONSIBLE. USE THE TAXES I PAY TO DO WHAT NEEDS TO BE DONE!! GIVE US A CHANCE. View the Report Please do not change subject line when responding. 20 Status New Work Order #287888 Reporter Name Cynthia Molt Email mrscynthia88@yahoo.com Phone Report Submitted APR 27, 2020 - 1:01 PM From:MyHB To:Switzer, Donna; Esparza, Patty; Estanislau, Robin; Moore, Tania Subject: MyHB-#287888 Agenda & Public Hearing Comments [] Date:Monday, April 27, 2020 1:01:44 PM MyHB New Report Submitted - #287888 Issue Type Agenda & Public Hearing Comments Subtype City Council Meeting Notes I have been going to Huntington Beach since 17. I am now 62. I have been staying at home. With COVID-19, it was truly shameful to see HB on TV flaunting and throwing away all the strides made with those of us who stay at home. You even had people there from Oakland! You will set us back or have a resurgence of the virus. Be responsible and do something! People have died and can't even go to a loved one's funeral. Enough! Every media outlet and CNN and MSNBC were showing what a mockery you made. View the Report Please do not change subject line when responding. 21 Status New Work Order #288099 Reporter Name Tomasz Jagoda Email tjagoda@hotmail.com Phone Report Submitted APR 27, 2020 - 7:08 PM From:MyHB To:Switzer, Donna; Esparza, Patty; Estanislau, Robin; Moore, Tania Subject: MyHB-#288099 Agenda & Public Hearing Comments [] Date:Monday, April 27, 2020 7:08:28 PM MyHB New Report Submitted - #288099 Issue Type Agenda & Public Hearing Comments Subtype City Council Meeting Notes With current pandemic in place, I was wondering if there's any plans of restricting parking within HB for non residents? This could be simply enforced by distributions of parking permits for all residents, and then restricting street parking. With all the other beach town closing down the beaches, HB gets higher then usual number of visitors. The parking is becoming a problem. This past weekend felt like a 4th of a July weekend. I had to park my car all the way by the albertsons, and walk to my place on 13th and Orange View the Report Please do not change subject line when responding. 22 Status New Work Order #288369 Reporter Name Donald Slaven Email eyes9@verizon.net Phone 714-536-1220 Report Submitted APR 28, 2020 - 9:23 AM From:MyHB To:Switzer, Donna; Esparza, Patty; Estanislau, Robin; Moore, Tania Subject: MyHB-#288369 Agenda & Public Hearing Comments [] Date:Tuesday, April 28, 2020 9:24:06 AM MyHB New Report Submitted - #288369 Issue Type Agenda & Public Hearing Comments Subtype City Council Meeting Notes Allowing Public Access to Beaches During Pandemic The City Council and Police Dept. need to immediately CLOSE ACCESS TO City Beaches!! It is absurd to close off parking, but then forces people from all areas of Southern California to park in our neighborhoods and got to City Beaches without masks or social distancing. This past weekend showed crowds packed on bike paths and failure of social distancing per State Governor orders! How can the Police spokesman state to news outlets that they "observed" proper observance of Pandemic Guidelines??? That's just an open invitation to more people causing greater exposure and future Up- Ticks in Covid spreading in our community and Orange County. Close these beaches and protect our civilization. Please read attached link on the 1918 Pandemic, to prevent the SECOND WAVE sure to come: https://www.influenzaarchive.org/cities/city-sanfrancisco.html# View the Report Please do not change subject line when responding. 23 Status New Work Order #288557 Reporter Name Barbara Hayes Email barb.hayes@yahoo.com Phone Report Submitted APR 28, 2020 - 11:45 AM From:MyHB To:Switzer, Donna; Esparza, Patty; Estanislau, Robin; Moore, Tania Subject: MyHB-#288557 Agenda & Public Hearing Comments [] Date:Tuesday, April 28, 2020 11:45:57 AM MyHB New Report Submitted - #288557 Issue Type Agenda & Public Hearing Comments Subtype City Council Meeting Notes Beach closure. Hello, please close the beach for a few weeks! OC has more COVID cases than before. And the folks walking through our neighborhoods let alone the beach or path areas have no regard for wearing masks nor were they social distancing. It was unbelievable. This needs to be done especially if neighboring communities close their beaches. Or at a minimum please close all of the downtown streets for parking except to residents. How about reviving the parking permit program that we so desperately need? View the Report Please do not change subject line when responding. 24 City of Huntington Beach File #:20-1579 MEETING DATE:5/4/2020 REQUEST FOR COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Robin Estanislau, CMC, City Clerk PREPARED BY:Robin Estanislau, CMC, City Clerk Subject: Approve and Adopt Minutes Statement of Issue: The City Council/Public Financing Authority special meeting minutes of March 31, 2020, and City Council/Public Financing Authority regular, and Housing Authority special meeting minutes of April 6, 2020, require review and approval. Financial Impact: None. Recommended Action: A) Approve and adopt the City Council/Public Financing Authority special meeting minutes dated March 31, 2020, as written and on file in the office of the City Clerk; and, B) Approve and adopt the City Council/Public Financing regular, and Housing Authority special meeting minutes dated April 6, 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 City of Huntington Beach Printed on 4/30/2020Page 1 of 2 powered by Legistar™25 File #:20-1579 MEETING DATE:5/4/2020 Attachment(s): 1. March 31, 2020 CC/PFA special meeting minutes 2. April 6, 2020 CC/PFA regular meeting and HA special meeting minutes City of Huntington Beach Printed on 4/30/2020Page 2 of 2 powered by Legistar™26 Minutes City Council/Public Financing Authority Special Meeting City of Huntington Beach Tuesday, March 31, 2020 4:00 PM — Council Chambers Civic Center, 2000 Main Street Huntington Beach, California 92648 A video recording of the 4:00 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 ED TO ORDER — 4:07 PM ROLL CALL Present: Posey, Delgleize (remote), Hardy, Semeta, Peterson, Carr (remote), and Brenden (remote) Absent: None PLEDGE OF ALLEGIANCE — Led by Councilmember Posey 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: City Manager's Report #1 (20-1557) PowerPoint communication submitted by City Manager Oliver Chi, entitled City of Huntington Beach — COVID-19 Response Update. #1 (20-1557) Forty-four (44) Email and MyHB communications received regarding COVID-19. Consent Calendar #3 (20-1156) Two (2) MyHB communications received regarding rent relief in mobile home parks. Administrative Items #4 (20-1559) Email communication submitted by Assistant City Attorney Mike Vigliotta, regarding the submission of a corrected signature page for Emergency Ordinance No. 4210. #4 (20-1559) Twenty-four (24) MyHB communications received regarding rent/mortgage relief and evictions. Two (2) items regarding holding a public meeting. PUBLIC COMMENTS (3 Minute Time Limit) – Social distancing measures were in place for providing public comments SOCIAL DISTANCING MEASURES WILL BE IN PLACE FOR PROVIDING PUBLIC COMMENTS — 1 Speaker 27 Council/PFA Special Meeting Minutes March 31, 2020 Page 2 of 6 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. Robin Estanislau, Huntington Beach City Clerk, was called to speak and expressed her concerns about not providing a means for remote public participation for public meetings while ensuring that current government health and safety directives are met, and stated that staff is prepared to move forward with a remote application which would also allow remote participation by constituents. (00:02:37) COUNCIL COMMITTEE — APPOINTMENTS — LIAISON REPORTS, AB 1234 REPORTING, AND OPENNESS IN NEGOTIATIONS DISCLOSURES Councilmember Posey reported that he spoke to representatives of the Huntington Beach Police Officers’ Association (HBPOA). Councilmember Carr reported a conversation with the Huntington Beach Police Officers’ Association (HBPOA). CITY MANAGER’S REPORT 1. 20-1557 Update of the City COVID-19 Response Plan and Actions for Review and Discussion City Manager Oliver Chi, Police Chief Robert Handy and Fire Chief Scott Haberle presented a PowerPoint communication entitled City of Huntington Beach — COVID-19 Response Update with slides titled: Situational Update (3), Transitioning to Phase III Operating Model, Maintain Vital City Operations, Outreach To Our At-Risk Communities, Fire/EMS Operational Update, Police Operational Update, New Services Developed (4), Public Information Operation Statistics Since March 12th, Instagram Launches 'Stay Home' Story & Co-Watching Feature (5), Working To Stay Ahead of the Situation, and Questions. Councilmember Brenden thanked City staff members for being so agile during this time, and shared his amazement at what has been accomplished by everyone. Mayor Semeta expressed appreciation for the creativity and innovation that staff, as well as community partners, have provided in a very short amount of time. CONSENT CALENDAR Councilmember Posey pulled Item #3 regarding Rent Abatement for City-owned facilities for further discussion. 2. 20-1545 Adopted Resolution No. 2020-17 — Suspend Water Shutoffs to Residential and Business Customers in Response to COVID-19 A motion was made by Hardy, second Posey to adopt Resolution 2020-17, "A Resolution of the City Council of the City of Huntington Beach Establishing City Policy on Termination of Residential and Business Water Service in Response to COVID-19." The motion carried by the following vote: AYES: Posey, Delgleize, Hardy, Semeta, Peterson, Carr, and Brenden NOES: None 28 Council/PFA Special Meeting Minutes March 31, 2020 Page 3 of 6 3. 20-1556 Approved Rent Abatement for Tenants at Certain City-owned Facilities Councilmember Posey and City Manager Chi discussed the reasons for rent abatement. A motion was made by Posey, second Peterson to authorize and direct the City Manager and/or his designee to implement rent abatement to concessionaire tenants of various City-owned facilities, excluding Ocean View Estates, effective from the date of the issuance of the State of California's Proclamation of State of Emergency (March 4, 2020) until the Proclamation is lifted. A list of included tenants is attached as Attachment No. 1. Councilmember Delgleize asked, and City Manager Chi confirmed, that the Ocean View Estate renters are not included in Administrative Item No. 4 regarding tenant evictions. Mayor Semeta and City Manager Chi discussed the possibility of requiring evidence of need. Councilmember Posey explained his opinion that a concessionaires' hardship is created by the City in this situation, but any hardship experienced by tenants at Ocean View Estates would not be a result of City actions. Councilmember Brenden expressed support for Councilmember Posey’s motion based on his understanding that the Ocean View Estates tenants are protected by Governor Newsom's recently issued Executive Order to Protect Renters. Mayor Semeta stated her support for the amended motion. The motion as amended by Councilmember Posey, second Peterson, carried by the following vote: AYES: Posey, Delgleize, Hardy, Semeta, Peterson, Carr, and Brenden NOES: None ADMINISTRATIVE ITEMS 4. 20-1559 Denied Adoption of Emergency Ordinance 4210 Establishing Temporary Ban on Certain Tenant Evictions for Non-Payment of Rent as a Result of COVID-19 Related Financial Impacts City Manager Chi introduced this item by explaining Governor Newsom’s issuance of an Executive Order to ban residential evictions, and this proposed City Emergency Ordinance addresses commercial and residential tenants. The distinctions between Governor Newsom's Order and the City's Ordinance are 1) length of time or duration, 2) the penalties provision, and 3) the City is including commercial tenants. Councilmember Peterson stated his understanding that when this Emergency Ordinance was originally discussed, Governor Newsom had not yet addressed the issue of tenant evictions. City Attorney Gates explained the technicalities related to emergency ordinances, and explained this is a supplement to Governor Newsom's Executive Order to provide local enforcement, because there is no enforcement mechanism from Sacramento. Councilmember Peterson explained his objection to what he sees as government taking away essential liberties. City Attorney Gates explained that this Emergency Ordinance is legal, there is no interference with leases or contracts, or the relationship between landlords and tenants, as it only removes a landlord's abilities to immediately run to court right now to seek a court order to evict. 29 Council/PFA Special Meeting Minutes March 31, 2020 Page 4 of 6 Councilmember Delgleize and City Attorney Gates discussed why this Emergency Ordinance covers both commercial and residential evictions, a clerical error within the Ordinance that was corrected, and that the public has been afforded opportunity to comment on this Ordinance at this meeting and through supplemental communications. City Attorney Gates stated that his office believes this Emergency Ordinance reflects what Governor Newsom's Executive Order intended, within boundaries that are constitutional. City Attorney Gates confirmed that the City issues citations whenever there is an ordinance or code violation. Councilmember Brenden stated his support for including commercial evictions in this Emergency Ordinance, and ensuring that enforcement is under local control rather than at the State level. City Attorney Gates confirmed that this action requires an affirmative vote of five (5) Councilmembers in order to be approved. Councilmember Brenden clarified for the public that this Emergency Ordinance is not a blanket moratorium on evictions, as it only addresses COVID-19 related situations. He continued by confirming that this Emergency Ordinance does not relieve any tenant of their obligation to pay rent, nor does it restrict landlords' abilities to recover rent after this Emergency Order is no longer in effect; and if approved tonight it can be rescinded at any time the Council chooses. City Attorney Gates confirmed that there is no requirement to treat this issue as a "Public Hearing" item, vs an "Administrative" item. Councilmember Posey explained he is strongly opposed to this item because in his opinion it effectively changes the terms of a lease, and evictions are civil actions not likely to happen now that courts have been closed. He continued with examples of text within the Ordinance which he feels grant judicial powers to the City Manager. Councilmember Carr stated her opposition to Councilmember Posey's comments and expressed her belief that this is a time for City leaders to step up and provide temporary solutions. She thanked City Attorney Gates for stepping up to provide clarity and guidelines for a rather general Executive Order from Governor Newsom, and explained that she sees this item as showing support for the tenants asking for help in navigating through these unprecedented times. Councilmember Peterson explained his understanding that Huntington Beach staff and other area cities are communicating with their businesses and residents, asking them to be aware of the tough situations their tenants may be in. However, he expressed his opinion that the Emergency Ordinance does not ask, it demands and therefore he cannot support it. City Attorney Gates reiterated that this Emergency Ordinance is the enforcement mechanism for Governor Newsom's Executive Order, and stated that this does not create any new authority for the City of Huntington Beach. Councilmember Brenden explained that from his perspective Governor Newsom has already restricted landlord rights through his Executive Order, and if this Emergency Ordinance is not approved then the City of Huntington Beach is basically surrendering its authority to the State to administer a plan of eviction moratorium. This Emergency Ordinance will allow local control over the process. Councilmember Posey stated he appreciates City Attorney Gates clarification that this Emergency Ordinance is the enforcement mechanism for Governor Newsom's Executive Order, however, the Executive Order does not address commercial evictions, and that was added to this Emergency Ordinance. Further, the Emergency Ordinance stipulates that the City Manager becomes the adjudicator. City Manager Chi clarified that he only becomes the adjudicator in determining whether the 30 Council/PFA Special Meeting Minutes March 31, 2020 Page 5 of 6 tenant hardship is truly COVID-19 related. He would not be involved in any other landlord/tenant negotiations regarding amounts due and payment deadlines. Mayor Pro Tem Hardy asked how a landlord/tenant COVID-19 related dispute would be handled if this Emergency Ordinance is not passed, and City Attorney Gates responded that it is unclear, because the State, nor the County, have provided any direction; but the Executive Order states enforcement is up to local jurisdictions. Mayor Pro Tem Hardy stated she supports this Emergency Ordinance because there needs to be a mechanism to help determine whether landlord/tenant situations are COVID-19 related, for residential and commercial situations. Councilmember Delgleize stated her opposition to this Emergency Order because in her opinion the Governor’s Executive Order is all that is needed for now. Mayor Semeta stated that based on her recent discussions with landlords, she believes a majority will do the right thing for their tenants during the impact of COVID-19, and she is opposed to this Emergency Ordinance because in her opinion it interferes with property rights. A motion was made by Hardy, second Carr to adopt Ordinance No. 4210, "An Emergency Ordinance of the City of Huntington Beach, Adding Chapter 3.58 to the Huntington Beach Municipal Code Establishing a Temporary Ban on Certain Tenant Evictions for Non-Payment of Rent as a Result of COVID-19 Related Financial Strain." The motion failed by the following vote: AYES: Hardy, and Carr NOES: Posey, Delgleize, Semeta, Peterson, and Brenden COUNCILMEMBER COMMENTS (Not Agendized) Councilmember Peterson thanked City staff, Mayor Semeta, and the Police and Fire Departments staff for being on the front lines, and commended the people like delivery drivers and grocery store personnel who probably don't have any personal protection equipment, but still do their job to ensure everyone has access to necessities. Mayor Pro Tem Hardy thanked everyone for being mindful of, and following, social distancing recommendations. Councilmember Posey complimented Mayor Semeta for her empathetic, compassionate, and graceful demeanor and the great informative videos. He also thanked City staff for their efforts to keep everyone updated with the latest information. Councilmember Delgleize stated her agreement with the comments already made by her fellow Councilmembers, and expressed appreciation for the gratitude and teamwork she has observed throughout the community, and her pride at being a member of this Council. Councilmember Brenden stated his support for all of the previous Councilmember comments, and especially acknowledged the extra efforts of many local businesses, volunteers, and the Huntington Beach Interfaith Council. He encouraged people to purchase local merchant gift cards which can be used 31 Council/PFA Special Meeting Minutes March 31, 2020 Page 6 of 6 in the future, and closed by stating that during the worst of times in Huntington Beach we see the best in the people of Huntington Beach. Councilmember Carr echoed support for all of the previous Councilmember comments, and acknowledged all of the parents with school-age children at home, as well as the teachers going out of their way to make on-line learning work. She expressed appreciation for how everyone is stepping up and believes the City will come out of this situation much stronger. Mayor Semeta also echoed support for all of the previous Councilmember comments, and personally acknowledged all of the health care providers who truly are on the front lines making personal sacrifices for the benefit of the community. ADJO URNMENT — at 5:52 PM to the next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority on Monday, April 6, 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 32 Minutes City Council/Public Financing Authority Regular and Housing Authority Special Meeting City of Huntington Beach Monday, April 6, 2020 5:00 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/ 5:00 PM - COUNCIL CHAMBERS CALLED TO ORDER — 5:02 PM ROLL CALL Present: Posey, Delgleize (remote), Hardy, Semeta, Peterson, Carr (remote), and Brenden (remote) Absent: None ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS PERTAINING TO CLOSED SESSION ITEM(S) (Received After Agenda Distribution) – None. PUBLIC COMMENTS PERTAINING TO CLOSED SESSION ITEM – None. A motion was made by Peterson, second Posey to recess to Closed Session for Item 1. With no objections, the motion passed. RECESSED TO CLOSED SESSION — 5:05 PM CLOSED SESSION 1. 20-1565 Pursuant to Government Code §54956.9(d)(2), the City Council recessed into Closed Session to confer with the City Attorney regarding potential litigation. Number of cases, one (1). 6:00 PM - COUNCIL CHAMBERS RECONVENED CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING AND CALLED TO ORDER SPECIAL MEETING OF THE HOUSING AUTHORITY — 6:05 PM ROLL CALL Present: Posey, Delgleize (remote), Hardy, Semeta, Peterson, Carr (remote), and Brenden (remote) Absent: None 33 Council/PFA Regular Meeting and Housing Authority Special Meeting Minutes April 6, 2020, Page 2 of 15 PLEDGE OF ALLEGIANCE — Led by Mayor Pro Tem Hardy. INVOCATION In permitting a nonsectarian invocation, the City does not intend to proselytize or advance any faith or belief. Neither the City nor the City Council endorses any particular religious belief or form of invocation. 2. 20-1548 Mike Michaud of Dance 4 Joy Ministries and member of the Greater Huntington Beach Interfaith Council offered the invocation remotely CLOSED SESSION REPORT BY CITY ATTORNEY Remotely — None. 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. Each comment was read in its entirety during the Public Comments portion of the meeting: Non-Agendized Items Two (2) communications received City Manager's Report Item #4 (20-1566) COVID-19 Update Twenty-two (22) communications Administrative Items Item #9 (20-1546), #10 (20-1547), & #11 (20-1553) One-hundred twenty-seven (127) communications PUBLIC COMMENTS 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. Mayor Semeta announced that due to the COVID-19 situation, this City Council meeting was closed to the public. Comments could be submitted electronically for Council consideration by sending them to agendacomment@surfcity-hb.org. To ensure distribution to the City Council prior to consideration of the agenda, please submit comments no later than 2:00 PM of the day of the meeting. Comments received after 2:00 PM will be shared and considered if possible, by City Council and made part of the official public record of the meeting as supplemental communication. Public Comments received by 2:00 PM were compiled and read aloud to the City Council by City Clerk Robin Estanislau and Deputy City Clerk Tania Moore. Unagendized Items: Spencer Hagaman asked City Council to transition to a digital format for City Council meetings during the COVID-19 pandemic. (00:03:57) Natalie Moser, Homeless United - Huntington Beach Member, suggested ideas for addressing the needs of homeless residents during COVID-19 pandemic. (00:07:54) 34 Council/PFA Regular Meeting and Housing Authority Special Meeting Minutes April 6, 2020, Page 3 of 15 City Manager's Report Item No. 4 (20-1566) COVID-19 Update: (00:10:28) Kim Aschenbrenner reported concerns related to improper social distancing observed at Bauer and Edison Parks. (00:10:29) William Bruner asked for the closing of City Beach parking lot. (00:10:56) Tim reported lack of proper social distancing observed at beach parking lots. (00:11:02) Dawn Brunner asked for closure of all outdoor facilities. (00:11:27) Diana Nicasio asked the City to close the beaches. (00:11:32) Lucy Peerenboom asked the City to close the beaches. (00:11:41) Jacqueline Acevedo asked the City to close the beaches. (00:11:50) Elizabeth Garcia asked the City to close the beaches. (00:12:08) Anonymous asked the City to close the beaches. (00:12:31) Richard Green asked for direction on using the Strand without walking on the grass, and requested that parking along PCH be closed. (00:12:47) Marty Caproni asked the City to close the beaches. (00:13:13) Kathy Bartlett reported it is impossible to practice social distancing on bike and beach paths; and no one is wearing face masks. (00:13:51) Kathy Anderson expressed concerns about 4th of July crowds and asked that planned festivities be cancelled. (00:14:00) A. Q. asked why Stay-at-Home orders are not being enforced. (00:14:15) David Miller, a long-time resident, asked the City to close the beaches. (00:14:26) Ellen Hale asked the City to close the beaches. (00:14:46) Natalie Moser thanked first responders and essential workers for their service. (00:14:53) Tammy Wegner asked the City to close the beaches. (00:15:15) Anonymous noted lack of social distancing in the Downtown and beach areas (00:15:27) John Henkel asked the City to close the beaches. (00:15:59) Administrative Items Item No. 9 (20-1546) Proposed Memorandum of Understanding – Management Employee’s Organization (MEO) Item No. 10 (20-1547) Proposed Memorandum of Understanding – Municipal Teamsters 35 Council/PFA Regular Meeting and Housing Authority Special Meeting Minutes April 6, 2020, Page 4 of 15 Item No. 11 (20-1553) Proposed Memorandum of Understanding – Police Officers’ Association (POA) (00:16:06) Canned comment in opposition to Items 9, 10 and 11 for at least one year received from: Craig and Stephanie Billington Jon Koskoff Tom Laughlin Patricia Pitts Madeline Pacilio-Brand Sid Spenick Blake Rose Les and Sharon Messick Gary Liggett Greg Dillon Russel Neal Donna Dillon Carole Pedriana (00:16:10) Susan Jervik communicated opposition to Item Nos. 9, 10 & 11 for at least a year. (00:17:12) Lois Lacey communicated opposition to Item Nos. 9, 10 & 11 for at least a year. (00:17:41) Elizabeth Pedley communicated opposition to Item Nos. 9, 10 & 11 for at least a year. (00:17:54) Roy and Margaret Arnold communicated opposition to Item Nos. 9, 10 and 11 for at least a year. (00:18:06) Paula and Michael Hessley communicated opposition to Item Nos. 9, 10 and 11 for at least a year. (00:18:16) Steve Farnsworth communicated opposition to Item Nos. 9, 10 and 11 at this time. (00:18:24) Vanessa Martinez communicated opposition to Item Nos. 9, 10 and 11 at this time. (00:19:12) Larry McNeely communicated opposition to Item Nos. 9, 10 and 11 at this time. (00:20:20) Craig Frampton communicated opposition to Item Nos. 9, 10 and 11 for at least a year. (00:20:58) Craig Frampton shared a canned Police Department response regarding traffic. (00:21:34) Jeff Murdoch communicated opposition to Item Nos. 9, 10 and 11 at this time. (00:21:40) Rob Pool communicated opposition to Item Nos. 9, 10 and 11 until the City has totally recuperated from COVID-19 pandemic. (00:21:47) Gary Tarkington communicated opposition to Item Nos. 9, 10 and 11 until the City has totally recuperated from COVID-19 pandemic. (00:26:26) Ann Palmer communicated opposition to Item Nos. 9, 10 and 11 at this time. (00:26:34) Cari Swan communicated opposition to Item Nos. 9, 10 and 11 for at least a year. (00:27:32) Cari Swan provided additional information to support her position of opposition to Item Nos. 9, 10 and 11 for at least a year. (00:31:00) Erich Moreno communicated opposition to Item Nos. 9, 10 and 11. (00:33:32) Janet Cole communicated opposition to Item Nos. 9, 10 and 11. (00:34:15) 36 Council/PFA Regular Meeting and Housing Authority Special Meeting Minutes April 6, 2020, Page 5 of 15 Ron Plummer communicated opposition to Item Nos. 9, 10 and 11. (00:34:43) Allen Curry communicated opposition to Item Nos. 9, 10 and 11. (00:35:14) Ross and Diane Miller communicated opposition to Item Nos. 9, 10 and 11 until the full effects of COVID- 19 are known. (00:35:53) Chris Berry communicated opposition to Item Nos. 9, 10 and 11 for at least a year. (00:36:16) David Cicerone communicated opposition to Item Nos. 9, 10 and 11 for at least a year. (00:37:09) Judith Clark communicated opposition to Item Nos. 9, 10 and 11 at this time. (00:37:12) Sean Porter, long-time resident of Huntington Beach, communicated opposition to Item Nos. 9, 10 and 11 until the full effects of COVID-19 are known. (00:38:18) Stephanie Szu communicated opposition to Item Nos. 9, 10 and 11 at this time. (00:38:44) Barbara Katz communicated opposition to Item Nos. 9, 10 and 11 at this time. (00:39:03) Elizabeth Esparza communicated opposition to Item Nos. 9, 10 and 11 at this time. (00:39:52) Ray Raines communicated opposition to Item Nos. 9, 10 and 11 at this time. (00:41:03) Rob and Sharon Ott communicated opposition to Item Nos. 9, 10 and 11 until the full effects of COVID- 19 are known. (00:41:27) Lana Ray Benton communicated opposition to Item Nos. 9, 10 and 11 until the full effects of COVID-19 are known. (00:43:25) Ceason Baker communicated opposition to Item Nos. 9, 10 and 11 until the full effects of COVID-19 are known. (00:43:48) Lowell Pierce communicated opposition to Item Nos. 9, 10 and 11 at this time. (00:45:04) Tony communicated opposition to Item Nos. 9, 10 and 11 at this time. (00:45:29) Eric Halsey communicated opposition to Item Nos. 9, 10 and 11 at this time. (00:45:33) Natalie Porter communicated opposition to Item Nos. 9, 10 and 11 for at least 4 - 6 months. (00:45:46) Richard Thiel communicated opposition to Item Nos. 9, 10 and 11 until the full effects of COVID-19 are known. (00:46:00) Milt Dardis communicated opposition to Item Nos. 9, 10 and 11. (00:47:10) Diana Lethen communicated opposition to Item Nos. 9, 10 and 11 at this time. (00:49:45) Ron Taylor and Margaret Coleman communicated opposition to Item Nos. 9, 10 and 11 until the full effects of COVID-19 are known. (00:50:03) 37 Council/PFA Regular Meeting and Housing Authority Special Meeting Minutes April 6, 2020, Page 6 of 15 Kathy Carrick communicated opposition to Item Nos. 9, 10 and 11 at this time. (00:50:51) Michael and Jennifer Bledsoe communicated opposition to Item Nos. 9, 10 and 11 until the full effects of COVID-19 are known. (00:53:09) Mark Cohen communicated opposition to Item Nos. 9, 10 and 11 at this time. (00:53:31) Ann and Gary Tarkington communicated opposition to Item Nos. 9, 10 and 11 at this time. (00:53:40) Ron Taylor communicated opposition to Item Nos. 9, 10 and 11 at this time. (00:54:25) Kathleen Moore Nutting communicated opposition to Item Nos. 9, 10 and 11 at this time. (00:54:40) Larry McNeely communicated opposition to Item Nos. 9, 10 and 11 until the full effects of COVID-19 are known. (00:57:10) City Employee asked Council to please table the MOU votes until the future. (00:59:06) Kathleen Brown communicated opposition to Item Nos. 9, 10 and 11 at this time. (00:59:20) Barbara Katz communicated opposition to Item Nos. 9, 10 and 11 at this time. (00:59:25) Cathy Haro communicated opposition to Item Nos. 9, 10 and 11 at this time. (01:00:15) Patti Davis communicated opposition to Item Nos. 9, 10 and 11 at this time. (01:00:47) Gina Curry communicated opposition to Item Nos. 9, 10 and 11 at this time. (01:01:22) Logan Haug communicated opposition to Item Nos. 9, 10 and 11 at this time. (01:02:07) Nicholas Mestanas communicated opposition to Item Nos. 9, 10 and 11 until the full effects of COVID-19 are known. (01:02:37) Greg Velastegui communicated opposition to Item Nos. 9, 10 and 11 at this time. (01:03:21) Lynn Ungar communicated opposition to Item Nos. 9, 10 and 11 at this time. (01:03:44) Aimee Ruiz opposition to Item Nos. 9, 10 and 11. (01:04:31) Terry Feit communicated opposition to Item Nos. 9, 10 and 11 at this time. (01:05:03) Mark Tonkovitch communicated opposition to Item Nos. 9, 10 and 11 at this time. (01:05:45) Gino Bruno communicated opposition to Item Nos. 8, 9, and 10 [9, 10 and 11] until the full effects of COVID-19 are known. (01:06:01) Ted Barsh communicated opposition to Item Nos. 9, 10 and 11 at this time. (01:07:51) Crystal Kerins communicated opposition to Item Nos. 8, 9, and 10 [9, 10 and 11] at this time. (01:08:07) 38 Council/PFA Regular Meeting and Housing Authority Special Meeting Minutes April 6, 2020, Page 7 of 15 Steve West communicated opposition to Item Nos. 8, 9, and 10 [9, 10 and 11] until the full effects of COVID-19 are known. (01:08:46) Christine Machado communicated opposition to Item Nos. 8, 9, and 10 [9, 10 and 11] at this time. (01:10:21) Erik Mohler communicated opposition to Item Nos. 8, 9, and 10 [9, 10 and 11] for at least two years. (01:10:33) Christina Silva-Salgado communicated opposition to Item Nos. 9, 10 and 11 at this time. (01:10:49) Anna Plewa communicated opposition to Item Nos. 9, 10 and 11 until the full effects of COVID-19 are known. (01:11:04) Eileen Harris communicated opposition to Item Nos. 9, 10 and 11. (01:12:21) Marlene Shiner communicated opposition to Item Nos. 9, 10 and 11. (01:13:12) Michelle and Terry Schomburg communicated opposition to Item Nos. 9, 10 and 11. (01:13:44) Keith and Jean Rhine communicated opposition to Item Nos. 9, 10 and 11. (01:14:19) Tom Wilkinson communicated opposition to Item Nos. 9, 10 and 11. (01:14:39) Teri Pool communicated opposition to Item Nos. 9, 10 and 11 at this time. (01:14:52) Barbara Shepard communicated opposition to Item Nos. 9, 10 and 11 at this time. (01:15:52) Dino Ferraro communicated opposition to Item Nos. 9, 10 and 11 at this time. (01:16:19) Adriana Aguilera communicated opposition to Item Nos. 9, 10 and 11. (01:17:12) Ginny Latka communicated opposition to Item Nos. 9, 10 and 11. (01:17:28) Linda and Gary Chrisman communicated opposition to Item Nos. 9, 10 and 11 until the full effects of COVID-19 are known. (01:17:49) Debbie Farmen communicated opposition to Item Nos. 9, 10 and 11 at this time. (01:18:11) Rita Barry communicated opposition to Item Nos. 9, 10 and 11 until the full effects of COVID-19 are known. (01:18:16) Marty Golden communicated opposition to Item Nos. 9, 10 and 11 at this time. (01:18:37) Peta-Gaye Hoskinson communicated opposition to Item Nos. 9, 10 and 11 at this time. (01:19:09) Kori Haug communicated opposition to Item Nos. 9, 10 and 11 at this time. (01:20:32) Daniel Savard communicated opposition to Item Nos. 9, 10 and 11 until the full effects of COVID-19 are known. (01:20:46) 39 Council/PFA Regular Meeting and Housing Authority Special Meeting Minutes April 6, 2020, Page 8 of 15 Michael Gioan communicated opposition to Item Nos. 9, 10 and 11 until the full effects of COVID-19 are known. (01:21:53) Lynda Muir communicated opposition to Item Nos. 9, 10 and 11 at this time. (01:24:05) Susan Matthewson communicated opposition to Item Nos. 9, 10 and 11 at this time. (01:24:33) Linda Kalicki communicated opposition to Item Nos. 9, 10 and 11. (01:24:59) Jerry Barry communicated opposition to Item Nos. 9, 10 and 11. (01:25:24) Jon and Susan Gary communicated opposition to Item Nos. 9, 10 and 11 until the full effects of COVID- 19 are known. (01:26:21) Bill Saksa communicated opposition to Item Nos. 9, 10 and 11. (01:29:11) C. L. Stapleton communicated opposition to Item Nos. 9, 10 and 11. (01:29:39) Taylor Haug communicated opposition to Item Nos. 9, 10 and 11. (01:30:02) Sean and Kate Bonnevie communicated opposition to Item Nos. 9, 10 and 11. (01:30:18) Thomas Tetreault communicated opposition to Item Nos. 9, 10 and 11. (01:31:28) ARoyalty-Hanavan communicated opposition to Item Nos. 9, 10 and 11 at this time. (01:31:34) Mark Cohen communicated opposition to Item Nos. 9, 10 and 11 at this time. (01:32:12) Carlee Okerman communicated opposition to Item Nos. 9, 10 and 11 until the full effects of COVID-19 are known. (01:32:21) Pat Quintana communicated opposition to Item Nos. 9, 10 and 11 until the full effects of COVID-19 are known. (01:33:07) William Hennerty, Jr. communicated opposition to Item Nos. 9, 10 and 11 at this time. (01:33:24) Robert Dominguez communicated opposition to Item Nos. 9, 10 and 11 at this time. (01:33:38) Debbie Farmen (2) communicated opposition to Item Nos. 9, 10 and 11 at this time. (01:33:48) Sherry Daniels communicated opposition to Item Nos. 9, 10 and 11 until the full effects of COVID-19 are known. (01:33:57) Dorothy Newbrough communicated opposition to Item Nos. 9, 10 and 11 until the full effects of COVID- 19 are known. (01:36:46) Lisa Ager communicated opposition to Item Nos. 9, 10 and 11 until the full effects of COVID-19 are known. (01:36:57) Laurie Virtue communicated opposition to Item Nos. 9, 10 and 11 at this time. (01:37:10) 40 Council/PFA Regular Meeting and Housing Authority Special Meeting Minutes April 6, 2020, Page 9 of 15 Janet Bean communicated opposition to Item Nos. 9, 10 and 11 at this time. (01:37:51) Chris Barsh communicated opposition to Item Nos. 9, 10 and 11 at this time. (01:39:20) Agenda Comments to the City Council RECEIVED AFTER 2:00 CUTOFF: (Names acknowledged during the Public Comment Portion of the meeting) (01:39:43) City Manager’s Report #4 (20-1566) Pappas Natalie Moser Administrative Items #9, 10, 11 Tiffany Tina Yvonne Mauro Sally Neiser Bill Martin Kelly Eddy Robert Faiella Brie B Bill Larkin Debra Jubinsky Matt McAllister David Powell Dewy Dorothy & Mike Kraus Jake Knox Joe Fischman Terry Ferguson Laura Conway Vince Sipkovich Steve Fong Linda Moulton-Patterson Lisa Henderson Spencer Kelly Heidi Fong Linda Law Sam Shepherd Brian Schrieber S2 Performing Training Jacob Fong Libby Frolichman Lauren Smith Indiana Fuller Grant Hasselbach Allie Shepherd SoCal 714 Larry Godfrey Sean McCollom Victor Ojeda Darryl Purks Charles Knoth Grace Fitzpatrick Erich Moreno Natalie Moser Mayor Pro Tem Hardy stated that the majority of the people whose names were just read, as being received AFTER the cutoff, stated their support for Administrative Item No. 11, and she acknowledged that all Councilmembers received copies of all comments. COUNCIL COMMITTEE — APPOINTMENTS — LIAISON REPORTS, AB 1234 REPORTING, AND OPENNESS IN NEGOTIATIONS DISCLOSURES Councilmember Posey reported speaking to the Huntington Beach Police Officers' Association (HBPOA). Councilmember Delgleize reported attending a Highways and Planning meeting of the Orange County Transportation Authority (OCTA), and announced a collaborative effort between California Department of Transportation (Caltrans), OCTA, and the various impacted cities for addressing traffic issues and solutions all along the Beach Boulevard corridor. Councilmember Carr reported a conversation with the Huntington Beach Police Officers' Association (HBPOA). Councilmember Brenden reported a conversation with the Huntington Beach Police Officers' Association (HBPOA). 41 Council/PFA Regular Meeting and Housing Authority Special Meeting Minutes April 6, 2020, Page 10 of 15 CITY MANAGER’S REPORT 3. 20-1484 Ascon Landfill Site Update Assistant City Manager Travis Hopkins presented a PowerPoint communication entitled Ascon Landfill Site Update with slides entitled Slope Failure Concern (3), Ascon Landfill Site Slope Inspection, Tension Cracks Identified (2), Community Forum, For More Information on Ascon Project, and Ascon Landfill Site Update. Councilmember Carr and Assistant City Manager Hopkins discussed that the California Department of Toxic Substances Control (DTSC) has the permits and authority necessary for the completion of this project. Mayor Semeta and Assistant City Manager Hopkins confirmed that this planned managed excavation, on a limited area of the berm related to slope failure, is expected to be very minor compared to the work that was done last year. 4. 20-1566 Update of the City COVID-19 Response Plan and Actions for Review and Discussion City Manager Oliver Chi emphasized all departments are functioning and vital City operations are being maintained. He highlighted adjustments in department's activities and new programs that have been developed in response to COVID-19, and provided a financial overview presenting revenue and expenditure projections based on COVID-19 impacts. City Manager Chi presented a PowerPoint communication entitled City of Huntington Beach COVID-19 Response Update with slides entitled Situational Update US Totals, Situational Update Orange County (2), Situational Update HB EMS Response Statistics, Maintenance of Vital City Operations, Huntington Beach Electronic Submittal Portal, CLOSED due to COVID-19 Keep Off Grass, HB Ready Coronavirus Updates in Huntington Beach, Stimulus Package Summary, Telehealth Program Being Launched, New Emerging Issue — Face Coverings, Financial Overview, FY 2019/20 COVID-19 Budget Projection Details, Summary COVID-19 FY 2019/20 Financial Position, and Questions? Mayor Pro Tem Hardy, City Manager Chi and Chief Financial Officer (CFO) Dahle Bulosan discussed when sales taxes are actually received, reduced General Fund savings transfers, clarified that Section 115 Reserve funds are only for future Public Employees Retirement System (PERS) obligations, and PERS calculates everything at the end of the Fiscal Year (June 30) and then there is a two-year (2 yr.) lag before PERS makes the new unfunded liability available. Councilmember Posey thanked City Manager Chi for his hard work, creativity and personal sacrifice during this time. Councilmember Posey and City Manager Chi discussed grant funds, as related to the Federal Emergency Management Agency (FEMA) Reimbursable Expenses, on-going research to identify new Federal stimulus bills, and the commitment to provide regular updates on available funding and the status of funds already applied for. Councilmember Peterson, City Manager Chi and CFO Bulosan discussed a number of capital improvement projects being considered for delay to save General Fund dollars. Councilmember Peterson shared his opinion that there is no way to make up for missed sales tax during the time of COVID-19 business closures. 42 Council/PFA Regular Meeting and Housing Authority Special Meeting Minutes April 6, 2020, Page 11 of 15 Mayor Semeta stated her support for being very cautious with reducing General Liability funds, and City Manager Chi clarified that as far as capital improvement projects, it becomes a timing issue as to whether a project can be completed within the current Fiscal Year. CONSENT CALENDAR 5. 20-1535 Approved and Adopted Minutes A motion was made by Posey, second Hardy to approve and adopt the City Council/Public Financing Authority regular meeting minutes dated March 16, 2020, as written and on file in the office of the City Clerk; and, approve and adopt the City Council emergency meeting minutes dated March 19, 2020, as written and on file in the office of the City Clerk. The motion carried by the following vote: AYES: Posey, Delgleize, Hardy, Semeta, Peterson, Carr, and Brenden NOES: None 6. 20-1533 Received and Filed the Draft Fiscal Year (FY) 2020/2021-2024/2025 Housing and Urban Development (HUD) Consolidated Plan; Draft 2020/2021 Annual Action Plan for Community Development Block Grant (CDBG) and HOME Investment Partnership Programs; Draft FY 2020/21-2024/2025 Citizen Participation Plan; and Draft FY 2020/21-2024/2025 Regional Analysis of Impediments to Fair Housing A motion was made by Posey, second Hardy to receive and file the following draft documents in compliance with the Consolidated Plan Procedures of 24 CFR Part 91: 1. Draft Fiscal Year 2020/21 to Fiscal Year 2024/25 Consolidated Plan; 2. Draft Fiscal Year 2020/21 Annual Action Plan; 3. Draft Fiscal Year 2020/21 to Fiscal Year 2024/25 Citizen Participation Plan; and 4. Draft Fiscal Year 2020/21 to Fiscal Year 2024/25 Regional Analysis of Impediments to Fair Housing. The motion carried by the following vote: AYES: Posey, Delgleize, Hardy, Semeta, Peterson, Carr, and Brenden NOES: None 7. 20-1544 Adopted Resolution No. 2020-16 approving City authorized agents to apply for and obtain Financial Assistance for Disaster and Emergency Relief A motion was made by Posey, second Hardy to adopt Resolution No. 2020-16, "A Resolution of the City Council of the City of Huntington Beach Authorizing Certain City Officials to Execute Applications and Documents to Obtain Disaster and Emergency Relief." The motion carried by the following vote: AYES: Posey, Delgleize, Hardy, Semeta, Peterson, Carr, and Brenden NOES: None 8. 20-1560 Adopted Resolution No. 06, authorizing the Housing Authority Clerk to accept deeds on behalf of the Huntington Beach Housing Authority 43 Council/PFA Regular Meeting and Housing Authority Special Meeting Minutes April 6, 2020, Page 12 of 15 A motion was made by Posey, second Hardy to Adopt Resolution No. 06, "A Resolution of the Board of Commissioners of the Huntington Beach Housing Authority designating the Clerk to accept Deed and Real Property Interests on behalf of the Housing Authority." The motion carried by the following vote: AYES: Posey, Delgleize, Hardy, Semeta, Peterson, Carr, and Brenden NOES: None ADMINISTRATIVE ITEMS City Manager Chi introduced Administrative Item Nos. 9, 10 and 11 with a PowerPoint presentation entitled Introduction of Proposed Memoranda of Understanding with Police Officers' Association, HB Municipal Teamsters, and Management Employees' Association, with slides titled: Obligations Under Myers-Milias-Brown Act (MMBA), Proposed Memoranda of Understanding, FY 2019/20 Fiscal Impact, FY 2020/21 Fiscal Impact, and City Council Options. Councilmember Peterson thanked the community for responding, described the back and forth discussions necessary to reach these agreements, and stated his support for putting the brakes on these items now until there is a full, more accurate picture of City finances related to COVID-19, which he suggested most likely won't happen until 2021. Councilmember Posey reviewed the four major objectives that City Manager Chi had when he was hired which included Labor Negotiations, and stated that in his opinion had there not been the delay required to hire a City Manager and Assistant City Manager, these contracts would have been accepted and approved several months ago. Councilmember Posey shared his concern that a delay in approval could affect staff retention, and believes it is prudent to approve the proposed medical leave change now. Councilmember Posey closed his comments by sharing that Councilmembers had received communications of support for these items from several prominent community members that were not received before the deadline and therefore were not available to be read aloud. Councilmember Carr stated her support for most of Councilmember Posey's comments and expressed her opinion these memoranda are long overdue, and shared her concern that re-negotiation may be required if there is further delay. Councilmember Carr further stated that she received many communications from community members that were not read aloud, and sees this situation demonstrating the need for a change in how the public can "speak" at these meetings. Councilmember Carr described some of the ways that private companies are responding to this crisis by boosting pay and benefits, especially for their employees on the front lines. Councilmember Delgleize stated her support for the comments made by both Councilmembers Posey and Carr, and expressed her appreciation to City Manager Chi, Police Chief Handy and Fire Chief Haberle for the outstanding ways they have effectively managed during this time. Councilmember Delgleize also recognized the months of time that it took to negotiate these contracts and expressed her support for approval. Councilmember Brenden expressed his gratitude to all of the first responders for the sacrifices they are making at this time, and commended City staff members and managers for their efforts to meet the new challenges created during this time. Councilmember Brenden also reported receiving many 44 Council/PFA Regular Meeting and Housing Authority Special Meeting Minutes April 6, 2020, Page 13 of 15 communications from residents in the last three hours, and his final analysis shows that in reality fifty- percent (50%) of the respondents support these items and fifty-percent (50%) oppose these items. He then read the comments sent by 1) Matt, 2) a Member of the MEO, and 3) Dorothy and Mike, all in support of Administrative Item Nos. 9, 10 and 11. Councilmember Brenden provided a review of historical salary increases for the three groups under consideration, which in his opinion demonstrates that these proposed increases are not excessive by any means, and stated his opinion that not approving these items could potentially jeopardize public services and safety. Councilmember Peterson stated he fully supports public service, but believes there is too much unknown about the full financial impact of COVID-19 at this time, and if the current projections are wrong, these increases will hit all taxpayers. He further explained his position that this issue has nothing to do with retention since every city has implemented a hiring freeze right now and staff are not going to quit their job if these items are not approved. Mayor Pro Tem Hardy provided a history of the good and bad times through her years as a Councilmember, and her previous experiences of approving payments without knowing what was coming in the economy. She summarized her current options as to either follow her heart by showing gratitude for the excellent service and increasing pay now, or follow her head to ensure solvency for pay in the future. Since she believes the coming recession will be worse than she has ever seen before in her lifetime, she will follow her head this time and not vote to approve these pay increases. Mayor Semeta expressed her appreciation for Mayor Pro Tem Hardy's historical perspective, and acknowledged that today's world is drastically different from when these contracts were negotiated last fall. Mayor Semeta stated that her vote to not support these increased expenses at this time in no way means she doesn't have admiration and respect for staff and public safety officers. Mayor Semeta stated her support for the public comments which concluded that our unprecedented times require a step back when looking at increasing expenses, and that decision is not a reflection of disrespect or dissatisfaction with performance. Mayor Semeta explained that some cities across the country are looking at staff reductions, her expectation that Huntington Beach can move ahead without having to do that, and that she would prefer to table these items for a more accurate financial picture. A motion was made by Peterson, second Semeta to table all proposed Memorandum of Understandings (HB Management Employees' Organization; HB Municipal Teamsters; HB Police Officers' Association) until 2021. A substitute motion was made by Posey, second Delgleize, to approve introductions of all Memorandum of Understandings (HB Management Employees' Organization; HB Municipal Teamsters; HB Police Officers' Association), documented individually for Administrative Items 9, 10 and 11 as follows: 9. 20-1546 Approved Introduction of the Proposed Memorandum of Understanding Between the Huntington Beach Management Employees’ Organization (MEO) and the City of Huntington Beach for November 1, 2019, through October 31, 2020 A motion was made by Posey, second Delgleize to approve Introduction of the Proposed Memorandum of Understanding between the Huntington Beach Management Employees' Organization (MEO) and the City of Huntington Beach for the period November 1, 2019, through October 31, 2020. The motion carried by the following vote: AYES: Posey, Delgleize, Carr, and Brenden 45 Council/PFA Regular Meeting and Housing Authority Special Meeting Minutes April 6, 2020, Page 14 of 15 NOES: Hardy, Semeta, and Peterson 10. 20-1547 Approved Introduction of the Proposed Memorandum of Understanding Between the Huntington Beach Municipal Teamsters and the City of Huntington Beach for October 1, 2019, through September 30, 2020 A motion was made by Posey, second Delgleize to approve Introduction of the Proposed Memorandum of Understanding between the Huntington Beach Municipal Teamsters and the City of Huntington Beach for the period October 1, 2019, through September 30, 2020. The motion carried by the following vote: AYES: Posey, Delgleize, Carr, and Brenden NOES: Hardy, Semeta, and Peterson 11. 20-1553 Approved Introduction of the Proposed Memorandum of Understanding Between the Huntington Beach Police Officers’ Association and the City of Huntington Beach for January 1, 2020, through June 30, 2023 A motion was made by Posey, second Delgleize to approve Introduction of the Proposed Memorandum of Understanding between the Huntington Beach Police Officers' Association and the City of Huntington Beach for the period January 1, 2020, through June 30, 2023. The motion carried by the following vote: AYES: Posey, Delgleize, Carr, and Brenden NOES: Hardy, Semeta, and Peterson City Clerk Robin Estanislau stated that staff is going to ensure that all communication channels are properly captured and included in the meeting record, and thanked Councilmembers for reading some of the comments submitted after the meeting had started. COUNCILMEMBER COMMENTS (Not Agendized) Councilmember Brenden congratulated the City of Huntington Beach for being rank ed 7th Happiest City in America. He also shared some historical facts from Chris Epting's on-line Evening Historical Presentation on the Early 1920's in Huntington Beach, and announced that at 7 PM on Saturday, April 11, Mr. Epting will present The History of the Bolsa Chica Gun Club. Councilmember Brenden highlighted some of the donations recently received by the City: $100,000 from Hoag Memorial Hospital for the Surf City Seniors' On-The-Go Program; $22,000 from Council on Aging to fund a part-time Front Office Assistant for the Transportation Program; $7,000 from the Reliance Trust Punkett Foundation for the Partners in Art Program; $20,000 from Friends of the Children’s Library for children's books; and $20,000 from Huntington Beach Concours d'Elegance for purchase of various library children's resources. Councilmember Brenden recognized Huntington Beach Firefighter Paramedic Drew Dipaolo who in early March stopped at the site of a freeway accident, successfully pulled the driver out of the burning crushed vehicle, used his personal fire extinguisher to help put down the fire, and then proceeded on to work! 46 Council/PFA Regular Meeting and Housing Authority Special Meeting Minutes April 6, 2020, Page 15 of 15 Councilmember Brenden described the recently approved Paycheck Protection Program, for small businesses and non-profits with less than 500 employees, as part of the Congressional CARES Act, and suggested that business banker should be contacted for further details. Councilmember Posey announced that April is Huntington Beach "Take-Out” Month and encouraged people to patronize their favorite restaurants for dinner to go. Councilmember Carr reported participating in a recent conference call with Congressman Rouda and Assemblywoman Petrie-Norris for discussion on the Congressional CARES Act, and encouraged people to utilize HBReady.com which fills in some of the details and contains information from federal, state, county and local sources. She also noted www.OnwardCA.gov as a job search resource listing current open positions throughout the State. Councilmember Carr thanked those who are stepping up, and staying in communication so that Huntington Beach will get through this together and be in a better place in the end. ADJOURNMENT at 9:29 PM to the next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority on Monday, April 20, 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 to the Public Financing Authority and Housing Authority of the City of Huntington Beach, California ATTEST: ______________________________________ City Clerk-Secretary ______________________________________ Mayor-Chair 47 City of Huntington Beach File #:20-1574 MEETING DATE:5/4/2020 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Oliver Chi, City Manager PREPARED BY:Alisa Backstrom, City Treasurer Subject: Receive and File the City Treasurer's March 2020 Quarterly Investment Summary Report Statement of Issue: Receive and File the City Treasurer’s Quarterly Investment Report for March 2020, pursuant to Section 17.0 of the Investment Policy of the City of Huntington Beach. Financial Impact: Not Applicable Recommended Action: Receive and File the City Treasurer’s Quarterly Investment Report for March 2020, pursuant to Section 17.0 of the Investment Policy of the City of Huntington Beach. Alternative Action(s): Deny or Critique Quarterly Report. Analysis: Not Applicable Environmental Status: Not Applicable Strategic Plan Goal: Strengthen long-term financial and economic sustainability Attachment(s): 1. Treasurer’s Quarterly Investment Report for March 2020 City of Huntington Beach Printed on 4/30/2020Page 1 of 1 powered by Legistar™48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 City of Huntington Beach File #:20-1537 MEETING DATE:5/4/2020 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Oliver Chi, City Manager PREPARED BY:Tom Herbel, P.E., Acting Director of Public Works Subject: Approve the West Orange County Water Board (WOCWB) proposed budget for Fiscal Year 2020/21, with the City of Huntington Beach amount of $1,048,936 Statement of Issue: The City is a member of the West Orange County Water Board (WOCWB), a Joint Powers Authority. The individual member agencies of the WOCWB need to approve the proposed WOCWB budget for Fiscal Year 2020/21 prior to the beginning of the new fiscal year. Financial Impact: The City's share of the WOCWB's FY 2020/21 total proposed budget of $1,649,000 is $1,048,936. This amount is made up of $69,564 for the annual operating budget, $418,372 for the City’s share of the loan repayment for the OC-35 Pipeline Relocation Project, and $561,000 for the Cathodic Protection Program (CP). The FY 2020/21 proposed operating budget is included in the Water Fund business unit 50685801, the debt service is included in the Water Master Plan business unit 50785201, and the Cathodic Protection Program project is included in the Water Master Plan business unit 50790016. Recommended Action: Approve the WOCWB proposed budget for Fiscal Year 2020/21, with the City of Huntington Beach amount of $1,048,936. Alternative Action(s): Do not approve the FY 2020/21 WOCWB proposed budget and direct staff accordingly. Analysis: The WOCWB is a Joint Powers Authority comprised of the cities of Garden Grove, Seal Beach, Westminster and Huntington Beach, for the purpose of purchasing water from the Municipal Water District of Orange County, and transporting it via the OC-9 and OC-35 transmission mains, owned by the Joint Powers cities. Huntington Beach owns 56.1 percent of the system. The WOCWB is governed by five elected officials, one each from the cities of Garden Grove, Seal Beach and City of Huntington Beach Printed on 4/30/2020Page 1 of 3 powered by Legistar™82 File #:20-1537 MEETING DATE:5/4/2020 Westminster, and two from the City of Huntington Beach. Council Members Kim Carr and Jill Hardy represent the City of Huntington Beach. The General Manager of the WOCWB (the City of Huntington Beach Public Works Utilities Manager) submits a proposed budget to the Board for review in January, and for approval by the Board in May after all member agencies’ Council have approved their share of the budget. The total proposed budget for Fiscal Year 2020/21 is $1,649,000. This includes $124,000 for the operating budget which includes maintenance, electricity, administrative costs (legal, insurance, audit fees); $525,000 in debt service for the OC-35 realignment project reimbursement agreement with OCTA, and $1,000,000 for the Cathodic Protection project. At the January 15, 2020 regular WOCWB meeting, staff presented preliminary estimates of options to extend the lifespan of both the OC-9 and OC-35 transmission mains. OC-9 is 64 years old and OC- 35 is 56 years old. Following the Board meeting, each Agency’s Public Works Director or representative attended two meetings with City of Huntington Beach engineering staff and the WOCWB General Manager to review the options and associated costs. All were in agreement that the most cost effective solution would be to move forward with the installation of a Cathodic Protection system. Staff estimates that OC-9 will cost $3.8 million to apply CP and OC-35 would cost $4.2 million for CP. Due to these costs, staff is recommending that the Member Agencies make an annual payment to a special fund over an eight-year period in order to finance both projects. The Board would accumulate funds for OC-9 based on agency share for the first four years, with design to begin in year three and construction in year four. Likewise, the Board would accumulate funds for OC-35 in years five through eight, with design in year seven and construction in year eight. A special board meeting was held on March 18, 2020, to discuss the recommendations. An attached table shows the annual allocation of costs broken out by Agency. The total Fiscal Year 20/21 proposed budget, including regular Operations and Maintenance, Cathodic Protection and Debt Service on the OC-35 relocation project is $1,649,000; with the Huntington Beach share of $1,048,936. The Board reviewed the proposed budget at the March 18, 2020 special meeting and approved a motion to recommend approval of each agency’s share at their next respective City Council meetings. Environmental Status: Not Applicable Strategic Plan Goal: Enhance and maintain infrastructure Attachment(s): 1. West Orange County Water Board Draft Fiscal Year 2020/21 Budget 2. WOCWB Fiscal Year 20/21 Allocation of Costs by Agency City of Huntington Beach Printed on 4/30/2020Page 2 of 3 powered by Legistar™83 File #:20-1537 MEETING DATE:5/4/2020 City of Huntington Beach Printed on 4/30/2020Page 3 of 3 powered by Legistar™84 FISCAL YEAR 2020-21 BUDGET ALLOCATION OF COSTS BY AGENCY March 24, 2020 ACCOUNT NUMBER AGENCY OWNERSHIP PERENTAGE FY 20/21 Cost 50800508.46610 Huntington Beach 56.1 $69,564 50800508.46620 Garden Grove 4.2 $5,208 50800508.46630 Seal Beach 14.3 $17,732 50800508.46640 Westminster 25.4 $31,496 Totals 100.0 $124,000 50800508.46610 Huntington Beach 56.1 $561,000 50800508.46620 Garden Grove 4.2 $42,000 50800508.46630 Seal Beach 14.3 $143,000 50800508.46640 Westminster 25.4 $254,000 Totals 100.0 $1,000,000 50800508.46610 Huntington Beach 56.1 $418,372 50800508.46620 Garden Grove*4.2 $0 50800508.46630 Seal Beach 14.3 $106,628 50800508.46640 Westminster 25.4 $0 Totals 100.0 $525,000 50800508.46610 Huntington Beach 56.1 $1,048,936 50800508.46620 Garden Grove*4.2 $47,208 50800508.46630 Seal Beach 14.3 $267,360 50800508.46640 Westminster 25.4 $285,496 Total Budget $1,649,000 Total Proposed Budget $1,649,000 Operating Budget First Year Cathodic Protection Fourth Year OC-35 Relocation Project Loan Payment *Garden Grove and Westminster have paid off their portions of the loan Total Proposed Budget 85 WEST ORANGE COUNTY WATER BOARD DRAFT FISCAL YEAR 2020-21 BUDGET March 5, 2020 FY 19-20 Approved FY 20-21 Proposed ACCOUNT NUMBER ACCOUNT DESCRIPTION OPERATING EXPENSES 50885101.61200 Electricity $4,500 $4,500 50885101.64620 Contracts for Repairs and Maintenance $50,000 $40,000 PLC Design for SCADA $25,000 $25,000 Vault (2) Refurbishment $20,000 $30,000 50885101.69345 Auditing $5,500 $5,500 50885101.69375 Attorney Fees $2,500 $2,500 50885101.69365 Other Contract Services $2,000 $2,000 50885101.73010 General/Liability Insurance $9,500 $9,500 50885101.75400 Board Stipend Expense $2,500 $2,500 50885101.79100 Contingency $2,500 $2,500 50885101.82100 Cathodic Protection $0 $1,000,000 OPERATING EXPENSES $124,000 $1,124,000 NON OPERATING EXPENDITURES 50885102.88010 Debt Service*$525,000 $525,000 TOTAL $649,000 $1,649,000 *Cities of Huntington Beach and Seal Beach for OC-35 realignment project loan 86 City of Huntington Beach File #:20-1576 MEETING DATE:5/4/2020 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Oliver Chi, City Manager PREPARED BY:Scott Haberle, Fire Chief Subject: Adopt Resolution No. 2020-23 authorizing certain City Officials to execute Grant Applications and Documents Statement of Issue: The City Council must designate specific City officials to execute applications and related documents for emergency management and homeland security non-matching grants and matching grants that do not require direct costs, but are matched with in-kind administrative expenditures. Financial Impact: The Fire Department will only apply for emergency management or homeland security grants which require no City funding, but may require an in-kind administrative match. There will be no direct costs to the City of Huntington Beach and the grants do not obligate the City for future funding. Recommended Action: Adopt Resolution No. 2020-23, "A Resolution of the City Council of the City of Huntington Beach Authorizing Certain City Officials to Execute Grant Applications and Documents.” Alternative Action(s): Do not approve the resolution and direct staff accordingly. Analysis: Over the past several years, the City’s Office of Emergency Management and Homeland Security has obtained many federal and state grants, bringing in funding to improve the Emergency Management and Homeland Security Program. These grants have been obtained from a number of federal and state agencies, often with short application and performance timeframes. They include Emergency Management Program (EMPG), Citizen Corps, Hazard Mitigation, Americorps Plan Writing grants,and Department of Homeland Security grants, such as the Urban Area Security Initiative (UASI), Metropolitan Medical Response System (MMRS) and other grants. The attached resolution will allow designated City staff members, including the City Manager, Fire Chief, Chief Financial Officer, or Emergency Services Coordinator, to quickly develop and submit additional applications and execute related documents to obtain grant funding to enhance the City of Huntington Beach Printed on 4/30/2020Page 1 of 2 powered by Legistar™87 File #:20-1576 MEETING DATE:5/4/2020 Emergency Management and Homeland Security Program (Attachment 1). The resolution authorizes these positions to apply for non-matching homeland security grants and matching grants,as long as they do not require direct costs, but are matched with in-kind administrative expenditures. These grants allow for enhanced training of emergency response personnel and emergency managers, creation of training exercises, and purchase of specialized equipment. Approval of this resolution also facilitates the expeditious spending of these grant funds,and allows the City to maintain consistency with federal and state grant timeframe requirements. A similar resolution was adopted by the City Council in June 2018, meeting State of California guidelines at that time, which specified that authorizing resolutions can be used for up to three (3) years. However, in 2019, these guidelines were revised to require agencies to annually adopt this type of resolution. Accordingly, City staff will return during the first part of each calendar year with a resolution authorizing specified City officials to execute grant applications and documents. Environmental Status: Not applicable. Strategic Plan Goal: Enhance and modernize public safety service delivery Attachment(s): 1. Resolution No. 2020-23, “A Resolution of the City Council of the City of Huntington Beach Authorizing Certain City Officials to Execute Grant Applications and Documents.” City of Huntington Beach Printed on 4/30/2020Page 2 of 2 powered by Legistar™88 89 City of Huntington Beach File #:20-1593 MEETING DATE:5/4/2020 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Oliver Chi, City Manager PREPARED BY:Dahle Bulosan, Chief Financial Officer Subject: Request for approval to establish a Payment Deferral Program for Tourism Business Improvement District (TBID) assessments collected by the City in Response to COVID-19 - Resolution No. 2020-27 Statement of Issue: In response to the economic effects of the COVID-19 pandemic, staff is requesting approval to establish a payment deferral program for Tourism Business Improvement District (TBID) assessments covering the period of March 1, 2020, through June 30, 2020. Pursuant to the proposed program parameters, given the uncertain nature of the COVID-19 situation, the payment deferral period could be extended through September 30, 2020, unless changes are directed by the City Council. Financial Impact: Given the design of the proposed program, TBID revenues due to the City will still need to be paid in full by June 30, 2021. Of note, TBID revenues are passed through the City to Visit Huntington Beach (VisitHB). However, given the current fiscal challenges presented by the COVID-19 situation, the deferral program has been developed to provide support in a manner that does not relieve the obligation of hotels and motels to pay their requisite assessments. Recommended Action: Adopt Resolution 2020-27, “A Resolution of the City Council of the City of Huntington Beach Establishing a City Policy Regarding the Deferral of Huntington Beach Tourism Business Improvement District Assessment in Response to COVID-19,” related to the establishment of a TBID payment deferral program, which has been approved by the board of VisitHB. Alternative Action(s): Do not approve the recommended action and direct staff accordingly. Analysis: On March 16, 2020, the Governor ordered the closure of all non-essential businesses in response to the COVID-19 pandemic. The COVID-19 outbreak has caused tremendous impacts to the global City of Huntington Beach Printed on 4/30/2020Page 1 of 3 powered by Legistar™90 File #:20-1593 MEETING DATE:5/4/2020 the COVID-19 pandemic. The COVID-19 outbreak has caused tremendous impacts to the global and local economy. Furthermore, the Governor’s “Stay at Home” order and travel restrictions have caused a devastating impact on the travel industry. Consequently, the City has had an unprecedented drop in the occupancies of its 24 hotels and motels. Some hotels have temporarily closed and furloughed their employees. It is estimated that the current occupancy rate of the hotels could be as low as 4% and may decrease even further in the coming months. In order to give relief to Huntington Beach hotels and motels, staff recommends that City Council approve a policy to defer payment of TBID assessments, in response to COVID-19,until June 30, 2021, for assessments charged and/or collected from the March 1 - June 30, 2020 period. The proposed action does not relieve the obligation of the hotels and motels to pay the assessments. On April 28, 2020, the full VisitHB board of directors unanimously passed a motion regarding deferment of TBID payments. The board agreed that: (a) HBTBID payments from HB hoteliers to the City of Huntington Beach are deferred for six months beginning with March 2020 through August 2020; (b) A repayment schedule will be worked out between the City of Huntington Beach specific to each hotel; (c) Payment in full will be made no later June 30, 2021; (d) TBID payments can be made at the discretion of each hotelier; and (e) the City of Huntington Beach will proceed to defer TBID payments for this six month period by the TBID action and upon approval by resolution of the City Council. Resolution No. 2018-84 outlines the current TBID assessment plan. Under the deferral program, the City will provide a no-interest repayment arrangement option for a period not to extend past June 30, 2021. The deferral of TBID assessments was approved by VisitHB at the Special Board of Directors Meeting held on April 28, 2020, as described above. Hotels and motels will still be required to submit monthly reports to the City of the taxes and assessments collected,as required by the City’s Municipal Code 3.28.090 Transient Occupancy Tax. This deferral and option for payment plans will give temporary relief to our valued businesses during these difficult economic times. Upon additional direction of the City Council, the City Manager may extend this policy, if the COVID- 19 pandemic or its effects go past June 30, 2020. However, in no event will the deferral extend beyond assessments related to September 30, 2020. These timelines are also subject to change based on City Council direction. TBID assessments due to the City after July 31, 2020, or the extended date, will have the option to be paid monthly or as a lump sum. Environmental Status: Not applicable. Strategic Plan Goal: City of Huntington Beach Printed on 4/30/2020Page 2 of 3 powered by Legistar™91 File #:20-1593 MEETING DATE:5/4/2020 Enhance and maintain high quality City services Improve Quality of Life Attachment(s): 1. Resolution No. 2020-27 related to the establishment of a TBID payment deferral program 2.Letter from Visit Huntington Beach - VisitHB Board Approval of TBID deferral 3. Municipal Code 3.28 Transient Occupancy Tax 4.Resolution No. 2018-84 Huntington Beach Tourism Business Improvement District City of Huntington Beach Printed on 4/30/2020Page 3 of 3 powered by Legistar™92 93 94 155 5th Street, Suite 111, Huntington Beach, CA 92648 714.969.3492 www.SurfCityUSA.com April 17, 2020 The Honorable Lyn Semeta Mayor, City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Mayor Semeta, The Visit Huntington Beach (VHB) Board of Directors met yesterday (April 16, 2020) to evaluate the massive impact the COVID-19 pandemic has inflicted upon our local visitor industry. Also discussed were several recovery plan action steps. The VHB Board of Directors unanimously approved yesterday the following actions: 1. Request that the City of HB allows VHB to modify its existing Huntington Beach Tourism Business Improvement District Plan for the purpose of allowing the deferment of future TBID assessments paid to the City of Huntington Beach. 2. VHB and the City of Huntington Beach will work on the exact end period for all future TBID deferments and related repayment schedule, which the Huntington Beach City Council will consider at their Monday, May 4, 2020 regularly scheduled meeting. Thank you, Mayor Semeta, for your continued support of our community’s vital visitor industry. Sincerely, Kelly Miller President & CEO Visit Huntington Beach Cc: City of Huntington Beach City Council Members Oliver Chi, City Manager Michael Gates, City Attorney Michael Vigliotta, Assistant City Attorney Robin Estanislau, City Clerk VHB Board of Directors 95 4/11/2020 Chapter 3.28 UNIFORM TRANSIENT OCCUPANCY TAX www.qcode.us/codes/huntingtonbeach/view.php?topic=municipal_code-3-3_28&showAll=1&frames=on 1/5 Huntington Beach Charter and Codes Up Previous Next Main Collapse Search Print No Frames MUNICIPAL CODE Title 3 REVENUE AND FINANCE Chapter 3.28 UNIFORM TRANSIENT OCCUPANCY TAX 3.28.010 Purpose The City Council of the City of Huntington Beach hereby declares that this chapter, which shall be known as the Uniform Transient Occupancy Tax, is adopted to provide a tax on the rent charged in a hotel by the operator of said hotel. (1068- 7/64, 2015-11/75) 3.28.020 Definitions Except where the context otherwise requires, the definitions given in this section govern the construction of this chapter: “Hotel” means any structure, or any portion of any structure which is occupied or intended or designed for occupancy by transients for dwelling, lodging or sleeping purposes, and includes any hotel, inn, tourist home or house, motel, studio hotel, bachelor hotel, lodging house, rooming house, apartment house, dormitory, public or private club, mobile home or house trailer at a fixed location, or other similar structure or portion thereof. “Occupancy” means the use or possession or the right to the use or possession of any room or rooms or portion thereof, in any hotel for dwelling, lodging or sleeping purposes. “Operator” means the person who is proprietor of the hotel, whether in the capacity of owner, lessee, sublessee, mortgagee in possession, licensee, or any other capacity. Where the operator performs his or her functions through managing agent of any type or character other than an employee, the managing agent shall also be deemed an operator for the purposes of this chapter and shall have the same duties and liabilities as his or her principal. Compliance with the provisions of this chapter by either the principal or the managing agent shall, however, be considered to be compliance by both. “Person” means any individual, firm, partnership, joint venture, association, social club, fraternal organization, joint stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate, or any other group or combination acting as a unit. “Rent” means the consideration charged, whether or not received, for the occupancy of space in a hotel valued in money, whether to be received in money, goods, labor or otherwise, including all receipts, cash, credits and property and services of any kind or nature, without any deduction therefrom whatsoever. “Transient” means any person who exercises occupancy or is entitled to occupancy by reason of concession, permit, right of access, license or other agreement for a period of 30 consecutive calendar days or less, counting portions of calendar days as full days. Any such person so occupying space in a hotel shall be deemed to be a transient until the period of 30 days has expired unless there is an agreement in writing between the operator and the occupant providing for a longer period of occupancy. In determining whether a person is a transient, uninterrupted periods of time extending both prior and subsequent to the effective date of this chapter may be considered. (1068- 7/64) 3.28.030 Tax Imposed For the privilege of occupancy in any hotel, each transient is subject to and shall pay a tax on the rent charged by the operator at a rate equal to the current, combined state and local use tax rate. Said rate shall be declared by the City Council by resolution from time to time. Said tax constitutes a debt owed by the transient to the City which is extinguished only by payment to the operator or to the City. The transient shall pay the tax to the operator of the hotel at the time the rent is paid. If the rent is paid in installments, a proportionate share of the tax shall be paid with each installment. The unpaid tax shall be due upon the transient’s ceasing to occupy space in the hotel. If for any reason the tax due is not paid to the operator of the hotel, the City Treasurer may require that such tax be paid directly to the City Treasurer. (1068-7/64, 1590-8/70, 2015-11/75, Res. 5859-5/88)96 4/11/2020 Chapter 3.28 UNIFORM TRANSIENT OCCUPANCY TAX www.qcode.us/codes/huntingtonbeach/view.php?topic=municipal_code-3-3_28&showAll=1&frames=on 2/5 3.28.040 Exemptions No tax shall be imposed upon: A. Any person as to whom, or any occupancy as to which it is beyond the power of the City to impose the tax herein provided; B. Any federal or State of California officer or employee when on official business; C. Any officer or employee of a foreign government who is exempt by reason of express provision of federal law or international treaty. No exemption shall be granted except upon a claim therefor made at the time rent is collected and under penalty of perjury upon a form prescribed by the City Treasurer. (1068-7/64, 2015-11/75) 3.28.050 Operator’s Duties Each operator shall collect the tax imposed by this chapter to the same extent and at the same time as the rent is collected from every transient. The amount of tax shall be separately stated from the amount of the rent charged, and each transient shall receive a receipt for payment from the operator. No operator of a hotel shall advertise or state in any manner, whether directly or indirectly, that the tax or any part thereof will be assumed or absorbed by the operator, or that it will not be added to the rent, or that, if added, any part will be refunded except in the manner hereinafter provided. (1068- 7/64, 2015-11/75) 3.28.060 Register Every owner, keeper or proprietor of any lodging house, rooming house, motel or hotel shall keep a register wherein he or she shall require all guests, roomers or lodgers to inscribe their names upon their procuring lodging of a room or accommodations. Said register shall also show the day of the month and year when said name was inscribed, and the room occupied, or to be occupied by said lodger, or roomer or guest in such lodging house, rooming house, motel or hotel. Said register shall be kept in a conspicuous place in said lodging house, rooming house, motel or hotel, and shall at all times be open to inspection by any peace officer of the State of California. (1226-7/66, 2015-11/75) 3.28.070 Guests Must Register Before any lodging for hire to any person(s) in any lodging house, or before renting any room to any person(s) in any rooming house, or before furnishing any accommodations to any guest(s) at any motel or hotel, the proprietor, manager or owner thereof shall require the person(s) to whom such lodgings are furnished, or room is rented, or accommodations furnished, to inscribe his or her or their name(s) in such register kept for that purpose as hereinabove provided, and shall set opposite said name(s) the time when said name(s) was/were so inscribed, the room occupied by such lodger(s), roomer(s), or guest(s), and the license number and description of the vehicle said lodger(s), roomer(s) or guest(s) drove. (1226-7/66, 2015-11/75) 3.28.080 Registration Within 30 days after the effective date of the ordinance codified in this chapter, or within 30 days after commencing business, whichever is later, each operator of any hotel renting occupancy to transients shall register said hotel with the Finance Director and obtain from him or her a “Transient Occupancy Registration Certificate” to be at all times posted in a conspicuous place on the premises. Said certificate shall, among other things, state the following: A. The name of the operator; B. The address of the hotel; C. The date upon which the certificate was issued. D. “This Transient Occupancy Registration Certificate signifies that the person named on the face hereof has fulfilled the requirements of Chapter 3.28 by registering with the Finance Director for the purpose of collecting from97 4/11/2020 Chapter 3.28 UNIFORM TRANSIENT OCCUPANCY TAX www.qcode.us/codes/huntingtonbeach/view.php?topic=municipal_code-3-3_28&showAll=1&frames=on 3/5 transients the Transient Occupancy Tax and remitting said tax to the City Treasurer. This certificate does not authorize any person to conduct any unlawful business or to conduct any lawful business in an unlawful manner, nor to operate a hotel without strictly complying with all local applicable laws, including but not limited to those requiring a permit from any board, commission, department or office of this City. This certificate does not constitute a permit.” (1068-7/64, 3751-11/06) 3.28.090 Reporting and Remitting Each operator shall file a report each month on forms provided by the Finance Director of the total rents charged and received and the amount of tax collected for transient occupancies for the preceding month. The full amount of tax collected shall be remitted to the City Treasurer. Said tax collected by each operator during a calendar month, is due and payable and must be received by the City by the last business day of the first month following and shall be delinquent and subject to the penalties noted in Section 3.28.100 of this chapter on the first day of the second month following. Said report shall be filed at the same time the tax is remitted. Returns are due and payable and delinquent immediately upon cessation of business for any reason. All taxes collected by operators pursuant to this chapter shall be held in trust for the account of the City until payment is made to the City Treasurer. (1068-7/64, 2098-9/76, 3751-11/06) 3.28.100 Penalties and Interest The following shall give rise to penalties and interest: A. Original Delinquency. Any operator who fails to remit any tax imposed by this chapter within the time required shall pay a penalty of 10% of the amount of the tax in addition to the amount of the tax. B. Continued Delinquency. Any operator who fails to meet any delinquent remittance on or before a period of 30 days following the date on which the remittance first became delinquent shall pay a second delinquency penalty of 10% of the amount of the tax in addition to the amount of the tax and the 10% penalty first imposed. C. Fraud. If the Finance Director determines that the non-payment of any remittance due under this chapter is due to fraud, a penalty of 25% of the amount of the tax shall be added thereto in addition to the penalties stated in subsections A and B of this section. D. Interest. In addition to the penalties imposed, any operator who fails to remit any tax imposed by this chapter shall pay interest at the rate of one-half of one percent per month, or fraction thereof, on the amount of the tax, exclusive of penalties, from the date on which the remittance first became delinquent until paid. E. Penalties Merged With Tax. Every penalty imposed and such interest as accrues under the provisions of this section shall become a part of the tax herein required to be paid. (1068-7/64, 3751-11/06) 3.28.110 Failure to Collect and Report Tax—Determination of Tax by Finance Director If any operator shall fail or refuse to collect said tax and to make, within the time provided in this chapter, any report and remittance of said tax or any portion thereof required by this chapter, the Finance Director shall proceed in such manner as he or she may deem best to obtain facts and information on which to base his or her estimate of the tax due. As soon as the Finance Director shall procure such facts and information as he or she is able to obtain upon which to base the assessment of any tax imposed by this chapter and payable by any operator who has failed or refused to collect the same and to make such report and remittance, he or she shall proceed to determine and assess against such operator the tax, interest and penalties provided for by this chapter. In case such determination is made, the Finance Director shall give a notice of the amount so assessed by serving it personally or by depositing it in the United States mail, postage prepaid, addressed to the operator so assessed at his or her last known place of address. Such operator may within 10 days after the serving or mailing of such notice make application in writing to the Finance Director for a hearing on the amount assessed. If application by the operator for a hearing is not made within the time prescribed, the tax, interest and penalties, if any, determined by the Finance Director shall become final and conclusive and immediately due and payable to the City Treasurer. If such application is made, the Finance Director shall give not less than five days written notice in the manner prescribed herein to the operator to show cause at a time and place fixed in said notice why said amount specified therein should not be fixed for such tax, interest and penalties. At such hearing, the operator may appear and offer evidence why such specified tax, interest and penalties should not be so fixed. After such hearing the Finance Director shall determine98 4/11/2020 Chapter 3.28 UNIFORM TRANSIENT OCCUPANCY TAX www.qcode.us/codes/huntingtonbeach/view.php?topic=municipal_code-3-3_28&showAll=1&frames=on 4/5 the proper tax to be remitted and shall thereafter give written notice to the person and in the manner prescribed herein of such determination and the amount of such tax, interest and penalties. The amount determined to be due shall be payable to the City Treasurer after 15 days unless an appeal is taken as provided in Section 3.28.120. (1068-7/64, 2015-11/75, 3751-11/06) 3.28.120 Appeal Any operator aggrieved by any decision of the Finance Director with respect to the amount of such tax, interest and penalties, if any, may appeal to the City Council by filing a notice of appeal with the City Clerk within 15 days of the serving or mailing of the determination of tax due. The Council shall fix a time and place for hearing such appeal, and the City Clerk shall give notice in writing to such operator at his or her last known place of address. The findings of the Council shall be final and conclusive and shall be served upon the appellant in the manner prescribed above for service of notice of hearing. Any amount found to be due shall be immediately due and payable upon the service of notice. No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action or proceeding in any court against the City or an officer thereof to prevent or enjoin the collection of taxes sought to be collected pursuant to this chapter and payment of all tax, interest and penalties shall be required as a condition precedent to seeking judicial review of any tax liability. (1068-7/74, 2015-11/75, 3751-11/06, 3841-11/09) 3.28.130 Records It shall be the duty of every operator liable for the collection and payment to the City of any tax imposed by this chapter to keep and preserve, for a period of three years, all records as may be necessary to determine the amount of such tax as he or she may have been liable for the collection of and payment to the City, which records the Finance Director shall have the right to inspect at all reasonable times. (1068-7/64, 3751-11/06) 3.28.140 Refunds The following shall warrant a refund: A. Whenever the amount of any tax, has been overpaid or paid more than once or has been erroneously or illegally collected or received by the City Treasurer under this chapter, it may be refunded as provided in this section. B. The City Treasurer may refund any tax that has been overpaid, paid more than once, or has been erroneously or illegally collected or received by the City Treasurer under this chapter, provided that no refund shall be paid under the provisions of the section unless the claimant or his or her guardian, conservator, executor or administrator has submitted a written claim, under penalty of perjury, to the City Clerk within one year of the overpayment or erroneous or illegal collection of said tax. Such claim must clearly establish claimant’s right to the refund by written records showing entitlement thereto. Nothing herein shall permit the filing of a refund claim on behalf of a class or group of taxpayers. Where the amount of any individual refund claim is in excess of $5,000.00, City Council approval shall be required. C. It is the intent of the City that the one-year written claim requirement of this section be given retroactive effect; provided, however, that any claims which arose prior to the enactment of the one-year claims period of this section, and which are not otherwise barred by a then-applicable statute of limitations or claims procedure, must be filed with the City Clerk as provided in subsection B of this section within 90 days following the effective date of the ordinance codified in this section. D. The City Treasurer, or the City Council where the claim is in excess of $5,000.00 and the City Treasurer has approved the claim, shall act upon the refund claim within 45 days of the initial receipt of the refund claim. Said decision shall be final. If the Treasurer/City Council fails or refuses to act on a refund claim within the 45-day period, the claim shall be deemed to have been rejected by the City Treasurer/City Council on the 45th day. The treasurer shall give notice of the action in a form which substantially complies with that set forth in Government Code Section 913. E. The filing of a written claim is a prerequisite to any suit thereon. Any action brought against the City pursuant to this section shall be subject to the provisions of Government Code Sections 945.6 and 946. (1068-7/64, 2015- 11/75, 3751-11/06)99 4/11/2020 Chapter 3.28 UNIFORM TRANSIENT OCCUPANCY TAX www.qcode.us/codes/huntingtonbeach/view.php?topic=municipal_code-3-3_28&showAll=1&frames=on 5/5 3.28.150 Actions to Collect Any tax required to be paid by any transient under the provisions of this chapter shall be deemed a debt owed by the transient to the City. Any such tax collected by an operator which has not been paid to the City shall be deemed a debt owed by the operator to the City. Any person owing money to the City under the provisions of this chapter shall be liable to an action brought in the name of the City of Huntington Beach for the recovery of such amount. (1068-7/64, 2015- 11/75) 3.28.160 Failure to Register Any operator or other person who fails or refuses to register as required herein, or to furnish any return required to be made, or who fails or refuses to furnish a supplemental return or other data required by the Finance Director, or who renders a false or fraudulent return or claim, is guilty of a misdemeanor. Any person required to make, render, sign or verify any report or claim or who makes any false or fraudulent report or claim with intent to defeat or evade the determination of any amount due required by this chapter to be made, is guilty of a misdemeanor. (1068-7/64, 2015- 11/75, 3751-11/06) 3.28.170 Credit for Transient Occupancy Taxes Paid to Huntington Beach Redevelopment Agency Any person or persons subject to the transient occupancy tax under this chapter shall be entitled to a credit against the payment of such taxes due in the amount of any transient occupancy taxes due from that person or persons to the Huntington Beach Redevelopment Agency pursuant to Ordinance No. 2, adopted by the Agency on July 1, 2002, which affects any persons occupying a room or rooms in any hotels, inns, tourist homes or houses, motels, or other lodging within the Main-Pier Redevelopment sub-area of the Huntington Beach Redevelopment Project. (See Ordinance No. 3559 for additional information regarding termination, or amendment, or modification of § 3.28.170.) (2974-12/88, 3558-7/02, 3559-7/02) View the mobile version. 100 101 102 103 RESOLUTION NO. 2018-84 17. This Resolution shall take effect immediately upon its adoption by the City Council. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 17th day of December , 2018. Mayor REVIEWED AND APPROVED: INITIATED AND APPROVED: City 4 18-6918 193095 Deputy Direct of Economic Development APPROVED AS 10116ILVA 104 RESOLUTION NO.2018-84 Boundary Map GARDEN -GROVE FREEW GARDEN ROVE FREE L — l I CITY OF HUNTINGTON BEACH Q I ui O m A9C CO co PACIFIC OCEAN 105 106 City of Huntington Beach File #:20-1594 MEETING DATE:5/4/2020 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Oliver Chi, City Manager PREPARED BY:Oliver Chi, City Manager Subject: Adopt Resolution No. 2020-29 to authorize and adopt a Five-Year Plan for Permanent Local Housing Allocation (PLHA) Program Funds and to submit an application for funding in year 1 (Fiscal Year 2020-2021) Statement of Issue: To complete an application for Permanent Local Housing Allocation (PLHA) program funds, the City of Huntington Beach must conduct a public hearing to consider and authorize the City’s proposed Five-Year Plan for the use of these funds, as evidenced by the recommended adoption of Resolution No. 2020-29. Financial Impact: Over the next five years, the City expects to receive approximately $3,290,970 in PLHA program funds, with the first year’s allocation in FY 2020-21 estimated at $548,495. The City is not required to provide matching funds. The revenue source of PLHA entitlement funds is derived from recording fees for real estate transactions paid to the County of Orange. Therefore, it should be noted that these allocations are close approximations that will vary, depending on the number of transactions conducted in a given calendar year. Recommended Action: Adopt Resolution No. 2020-29, “A Resolution of the City Council of the City of Huntington Beach to Authorize and Adopt a Five-Year Plan for Permanent Local Housing Allocation Program Funds and to Submit an Application for Funding in Year 1 (Fiscal Year 2020-2021).” Alternative Action(s): The City Council may make the following alternative motion(s): 1. Deny Resolution No. 2020-29; or City of Huntington Beach Printed on 4/30/2020Page 1 of 3 powered by Legistar™107 File #:20-1594 MEETING DATE:5/4/2020 2. Postpone the hearing to a later date and direct staff to modify the Five-Year Plan and Application for PLHA entitlement funds. Analysis: In 2017, the State of California approved SB 2, which provides local governments with a permanent source of funding for housing-related projects and programs to address their jurisdiction’s unmet housing needs. In 2019, the City learned that it was entitled to receive a subset of non-competitive SB 2 funds, known as PLHA entitlement funds. The HCD estimates that the City is eligible for approximately $548,495 in Year 1 and a total of $3,290,970 over the first five years. The City will continue receiving PLHA funds in subsequent years. However, it should be noted that the allocation formula is subject to change by the State Legislature and the Governor and cannot be estimated at this time. To obtain funds for the initial five years, the City must submit an application to the California Department of Housing and Community Development (HCD), along with a Five-Year Plan for the funds. The application also requires the City to consider and authorize this Plan, as evidenced by the recommended adoption of Resolution No. 2020-29. Given the growing homeless population in the City, the proposed Plan recommends allocating PLHA towards operating a future homeless shelter on 17631 Cameron Lane. During the COVID-19 pandemic, shelter construction and operation will be funded and managed by the Orange County Health Care Agency to address an urgent, acute public health threat to the homeless population. Following the pandemic, all improvements on the site, including the tent shelter, will be transferred over to City ownership. The City will then have the option to incorporate this tent and site into its overall homeless response, in compliance with the City’s pending Settlement Agreement with Federal District Court Judge Carter. The City previously underwent a Request for Qualifications process, and selected Mercy House as its future homeless shelter operator. PLHA funds will be used to help pay for the contract, which is an eligible PLHA expense. The application period for PLHA funds for Years 1-5 is April 27 through July 27, 2020. Funds will be awarded between August and October, with the earliest applicants receiving their funds first. Should Resolution No. 2020-29 be adopted, staff is prepared to submit the City’s application as soon as May 5, 2020. Environmental Status: Not applicable. Strategic Plan Goal: Non-Applicable - Administrative Item Attachment(s): 1. Resolution No. 2020-29, “A Resolution of the City Council of the City of Huntington Beach to Authorize and Adopt a Five-Year Plan for Permanent Local Housing Allocation Program Funds and to Submit an Application for Funding in Year 1 (Fiscal Year 2020-2021)” City of Huntington Beach Printed on 4/30/2020Page 2 of 3 powered by Legistar™108 File #:20-1594 MEETING DATE:5/4/2020 2. PLHA Five-Year Plan and Application City of Huntington Beach Printed on 4/30/2020Page 3 of 3 powered by Legistar™109 110 111 112 Final Filing Date: April 27, 2020 through July 27, 2020 at 5 P.M. PST Permanent Local Housing Allocation (PLHA) Formula Allocation 2020 Application State of California Governor, Gavin Newsom Lourdes Castro Ramirez, Secretary Business, Consumer Services and Housing Agency Douglas R. McCauley, Acting Director Department of Housing and Community Development Program Design and Implementation, PLHA Program 2020 West El Camino Avenue, Suite 150, Sacramento, CA 95833 PLHA Program Email: PLHA@hcd.ca.gov 113 "Red" shaded cells indicate the Sponsor has failed to meet a requirement of the program. Point cells in the Scoring worksheet shaded in "red" indicate that the Sponsor has failed to meet the minimum points required. Instructions Rev. 2/26/20 When opening this file, a yellow banner at the top may appear with a button that says "Enable Content". It is essential that you click this box so that the macros are enabled. Enabling macros is necessary for full worksheet functionality. Macros do not work with Microsoft's Excel version for Apple Mac. HCD will only accept applications through a postal carrier service such as U.S. Postal Service, UPS, FedEx or other carrier services that provide date stamp verification confirming delivery to HCD’s office. A complete original application and an electronic copy on a USB flash drive with all applicable information must be received by HCD via posta carrier no later than 5:00 p.m. on: Monday, July 27, 2020 Applications must be on the Department’s forms and cannot be altered or modified by the Applicant. Excel forms must be in Excel format and unprotected, not a .pdf document. For application errors please fill out the Application Support worksheet and email the entire workbook to Application Support for application errors at AppSupport@hcd.ca.gov. General Instructions (Additional instructions and guidance are given throughout the Supplemental Application in "red" text and in cell comments. Guideline references are made with "§" and the corresponding guideline section number. "Yellow" cells are for Sponsor input. Failure to provide the required attachments and documentation may disqualify your application from consideration or may negatively impact your point score. Required attachments are indicated in "orange" throughout the Supplemental Application. Failure to provide the required attachments and documentation may disqualify your application from consideration or may negatively impact your point score. Electronically attached files must use the naming convention in the Supplemental Application. For Example: "App1 Payee Data" for Sponsor 1 Payee Data Record/STD. 204. Threshold items are indicated in "blue" cells. Sponsor must complete the following worksheets in the PLHA Formula Allocation Application. Formula Allocation Application X App1 Signature Block Signature Block - upload in Microsoft Word Document 302(c)(4) Plan Legislative Contacts Checklist App1 Resolution PLHA webpage for Resolution Document Disclosure of Application (California Public Records Act Statutes of 1968 Chapter 1473): Information provided in the application will become a public record available for review by the public, pursuant to the California Public Records Act Statutes of 1968 Chapter 1473. As such, any materials provided will be disclosable to any person making a request under this Act. The Department cautions Applicants to use discretion in providing information not specifically requested, including but not limited to, bank accounts, personal phone numbers and home addresses. By providing this information to the Department, the Applicant is waiving any claim of confidentiality and consents to the disclosure of submitted material upon request." Binder Tab # Threshold Requirement Electronic File Name Document Description Included? 1X 2 3XApp1 TIN Taxpayer Identification Number Document §302(c)(4)(D) Evidence that the Plan was authorized and adopted by resolution by the Local jurisdiction and that the public had an adequate opportunity to review and comment on its content. Plan Adoption 5 Legally binding agreement between Delegating and Administering Local Governments 4 X Applicant Agreement 114 Local Government Formula Allocation Rev. 2/26/20 Yes §302(c)(4) Does the application include a Plan in accordance with §302(c)(4)? CA Zip: 92648 Orange §300(d) Is Applicant delegated by another Local government to administer on its behalf its formula allocation of program funds? N/A File Name:PLHA webpage for Resolution Document Attached and on USB? State: Attached and on USB? N/A §302(c)(3) Applicant certifies that, if the Local Government proposes allocation of funds for any activity to another entity, the Local government’s selection process had no conflicts of interest and was accesible to the public. §302(c)(2) Applicant certifies that submission of the application was authorized by the governing board of the Applicant. Eligible Activities, §301 §302(a) Housing Element compliance: Applicant or Delegating Local Government's Housing Element was adopted by the Local Government’s governing body by the application deadline and subsequently determined to be in substantial compliance with state Housing Element Law pursuant to Government Code Section 65585. Yes Yes §302(c)(5) Applicant certifies that the Plan submitted is for a term of five years. Local Governments agree to inform the Department of changes made to the Plan in each succeeding year of the term of the Plan.Yes §302(c)(6) Applicant certifies that it will ensure compliance with §302(c)(6) if funds are used for the acquisition, construction, or rehabilitation of for-sale housing projects or units within for-sale housing projects. Taxpayer Identification Number Document Attached and on USB? Instructions: If the Local Government Recipient of the PLHA Formula Allocation delegated its PLHA formula allocation to a Local Housing Trust Fund or to another Local Government, the Applicant (for which information is required below) is the Local Housing Trust Fund or administering Local Government. The PLHA award will be made to the Applicant (upon meeting threshold requirements) and the Applicant is responsible for meeting all program requirements throughout the term of the Standard Agreement. The 302(c)(4) Plan template worksheet requires first choosing one or more of the Eligible Activities listed below. If "Yes" is clicked, the 302(c)(4) Plan worksheet opens a series of questions about what precise activities are planned. Some specific activities, such as providing downpayment assistance to lower-income households for acquisition of an affordable home, could be included under either Activity 2 or 9. Please only choose one of those Activities; don't list the downpayment assistance under both Activities. If the PLHA funds are used for the same Activity but for different Area Median Income (AMI) level, select the same Activity twice (or more times) and the different AMI level the Activity will serve. Please enter the percentage of funds allocated to the Activity in only the first Activity listing to avoid double counting the funding allocation. Eligible Applicants §300 §300(a) Eligible Applicants for the entitlement formula component described in Section §100(b)(1) are limited to the metropolitan cities and urban counties allocated a grant for the federal fiscal year 2017 pursuant to the federal CDBG formula specified in 42 USC, Section §5306. Applicant: City of Huntington Beach Address: County: File Name: §302(c)(4)(D) Applicant certifies that the Plan was authorized and adopted by resolution by the Local Government and that the public had an adequate opportunity to review and comment on its content Threshold Requirements, §302 Applicant Agreement Legally binding agreement between Delegating and Administering Local Governments §301(a)(10) Fiscal incentives made by a county to a city within the county to incentivize approval of one or more affordable housing Projects, or matching funds invested by a county in an affordable housing development Project in a city within the county, provided that the city has made an equal or greater investment in the Project. The county fiscal incentives shall be in the form of a grant or low-interest loan to an affordable housing Project. Matching funds investments by both the county and the city also shall be a grant or low-interest deferred loan to the affordable housing Project. §301(a)(9) Homeownership opportunities, including, but not limited to, down payment assistance. §301(a)(8) Efforts to acquire and rehabilitate foreclosed or vacant homes and apartments. §301(a)(7) Accessibility modifications in Lower-income Owner-occupied housing. §301(a)(6) Assisting persons who are experiencing or At-risk of homelessness, including, but not limited to, providing rapid re-housing, rental assistance, supportive/case management services that allow people to obtain and retain housing, operating and capital costs for navigation centers and emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing. §301(a)(5) Capitalized Reserves for services connected to the preservation and creation of new permanent supportive housing. §301(a)(4) Matching portions of funds available through the Low- and Moderate-Income Housing Asset Fund pursuant to subdivision (d) of HSC Section 34176. §301(a)(3) Matching portions of funds placed into Local or Regional Housing Trust Funds. §301(a)(2) The predevelopment, development, acquisition, rehabilitation, and preservation of affordable rental and ownership housing, including Accessory Dwelling Units (ADUs), that meets the needs of a growing workforce earning up to 120 percent of AMI, or 150 percent of AMI in high-cost areas. ADUs shall be available for occupancy for a term of no less than 30 days. Yes §301(a)(1) The predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live-work, rental housing that is affordable to Extremely low-,Very low-, Low-, or Moderate-income households, including necessary operating subsidies. Included?§301(a) Eligible activities are limited to the following: Eligible Applicant Type: Entitlement Local Government Recipient of PLHA Formula Allocation: Huntington Beach 2000 Main St City: Huntington Beach §302(b) Applicant or Delegating Local Government has submitted the current or prior year's Annual Progress Report to the Department of Housing and Community Development pursuant to Governemnt Code Section 65400. Yes File Name: Approximate PLHA Formula Allocation Amount:$27,424Allowable Local Admin (5%):$548,495 No App1 TIN App1 Signature Block App1 Resolution §300(d) If Applicant answered "Yes" above, has the Applicant attached the legally binding agreement required by §300 (c) and (d)? Signature Block - upload in Microsoft Word Document Attached and on USB? File Name: YES YES YES YES YES YES YES YES YES YES 115 City Zip YesApplicant agrees to adhere to §501, Audits/Monitoring of PLHA Files. YesApplicant agrees to adhere to §500, Accounting Records. §302(c)(8) Has Applicant attached a program income reuse plan describing how repaid loans will be reused for eligible activities specified in Section 301? Administration Yes Entity Address 2000 Main Street Huntington Beach State CA 92648 On behalf of the entity identified below, I certify that: The information, statements and attachments included in this application are, to the best of my knowledge and belief, true and correct and I possess the legal authority to submit this application on behalf of the entity identified in the signature block. 5/4/20 Signature Date Entity name:City of Huntington Beach Phone Number: (714) 536-5579 City Manager Certifications Oliver Chi TitleAuthorized Representative Printed Name Applicant agrees to adhere to §503, Reporting.Yes Applicant agrees to adhere to §502, Cancellation/Termination. §302(c)(7) Applicant certifies that it will ensure that the PLHA assistance is in the form of a low-interest, deferred loan to the Sponsor of the Project, if funds are used for the development of an Affordable Rental Housing Development. The loan shall be evidenced through a Promissory Note secured by a Deed of Trust.Yes 116 §301(a)(6) Assisting persons who are experiencing or At risk of homelessness, including, but not limited to, providing rapid rehousing, rental assistance, supportive/case management services that allow people to obtain and retain housing, operating and capital costs for navigation centers and emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing. §302(c)(4)(C) Provide a description of how the Plan is consistent with the programs set forth in the Local Government’s Housing Element. The Plan is consistent with the City's Housing Element framework, including Goal 5 to promote equal housing opportunities for all residents, such as Huntington Beach's special needs populations. The Plan also works to further Policy 5.5 to continue supporting a continuum of programs such as a navigation center, homeless supportive services, transitional housing, permanent affordable housing and homeless prevention services. The navigation center described in this Plan will address all aspects of this Goal. It will present a central site for the City to continue providing its homeless supportive services that will not only address an individual's immediate needs (i.e. food, shelter, health) but also directs him/her to more permanent forms of housing. The City also continues to fund various other homeless services (i.e. Huntington Beach Youth Emergency Shelter; transitional housing for families; and tenant-based rental assistance (TBRA) and its Homeless Task Force which - in combination with the navigation center - tie in together to more cohesively support the homeless population. §301(a)(1) The predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live-work, rental housing that is affordable to extremely low-,very low-, low-, or moderate-income households, including necessary Operating subsidies. §302(c)(4) Plan Rev. 2/26/20 §302(c)(4)(A) Describe the manner in which allocated funds will be used for eligible activities. Using its adopted Housing Element as a framework, the City of Huntington Beach will use the allocated PLHA funds to help finance operational expenses for a homeless navigation center, starting with 50 beds in Year 1 and ramping up to approximately 174 by Year 5. The funds will support the most at-risk populations in the County by offering much needed shelter that will provide stability, services, and hopefully a path to housing in the future. The navigation center will be constructed in FY 2019-2020 and will begin operations same year. As a result the City requests a drawdown of PLHA funds as soon as possible. Earlier this year, the City underwent an RFQ process to identify an experienced shelter operator that can provide quality shelter management. Two operators submitted their qualifications and, following an extensive review and a panel interview, the City selected Mercy House. Currently, both parties are negotiating an agreement for navigation center operations, which PLHA funds will help support. §302(c)(4)(B) Provide a description of the way the Local government will prioritize investments that increase the supply of housing for households with incomes at or below 60 percent of Area Median Income (AMI). Huntington Beach - through the use of Census data and HUD criteria - has designated eight geographic areas as lower income (<80%). These areas are known as Enhancement Areas, where the City's annual CDBG and HOME fund allocations are spent. The primary goals for the use of these funds include CHDO developments, housing rehabilitation and other programs/services that will increase the affordable housing stock for households at or below 60% AMI. Additionally, the City continues to seek additional funding sources, programs, and partnerships with private and nonprofit organizations for additional investments in the City's affordable housing stock. For example, the City has recently entered into a partnership with the County of Orange, who will fund construction of the navigation center and its operations during the COVID-19 pandemic. Afterwards, the City will take over ownership and use PLHA funds to continue operations to serve the most at-risk and lowest income individuals in our City. As the navigation center begins to reduce homeless rates in the City, the long term goal for the site is to convert it from a navigation center and into a permanent supportive housing development that will certainly help increase the affordable housing stock and advance our RHNA goals for individuals at or below 30% AMI. Activities Detail (Activities Detail (Must Make a Selection on Formula Allocation Application worksheet under Eligible Activities, §301)) §301(a)(2) The predevelopment, development, acquisition, rehabilitation, and preservation of Affordable rental and ownership housing, including Accessory Dwelling Units (ADUs), that meets the needs of a growing workforce earning up to 120 percent of AMI, or 150 percent of AMI in high-cost areas. ADUs shall be available for occupancy for a term of no less than 30 days. §301(a)(3) Matching portions of funds placed into Local or Regional Housing Trust Funds. Section 301(a)(6) - 100% of the allocated funds will be used towards partially funding the operations of a navigation center. Complete the table below for each proposed Activity to be funded with 2019-2023 PLHA allocations. If a single Activity will be assisting households at more than one level of Area Median Income, please list the Activity as many times as needed to capture all of the AMI levels that will be assisted, but only show the percentage of annual funding allocated to the Activity one time (to avoid double counting). §302(c)(4)(E)(i) Percentage of Funds Allocated for the Proposed Activity 100% 100% 100% 100% 100% Funding Allocation Year 2019 2020 2021 2022 2023 Navigation CentersNavigation CentersNavigation Centers§301(a)(4) Matching portions of funds available through the Low- and Moderate-Income Housing Asset Fund pursuant to subdivision (d) of HSC Section 34176. §301(a)(5) Capitalized Reserves for Services connected to the preservation and creation of new permanent supportive housing. §302(c)(4)(E)(i) Provide a description of how allocated funds will be used for the proposed Activity. Type of Activity for Persons Experiencing or At Risk of Homelessness Navigation CentersNavigation Centers117 §301(a)(7) Accessibility modifications in Lower-income Owner-occupied housing. TOTAL§302(c)(4)(E)(ii) Area Median Income Level Served 30% 30% Major steps/actions by City Council included the adoption of the 5th Cycle Housing Element in February 2020, which was approved by the HCD in March 2020. On April 20, 2020, the City Council also took steps to (1) adopt this Plan and (2) approve the partnership agreement with Orange County to construct the navigation center. Construction has since begun and is expected to be completed in mid to late May. The goal is to begin operating the navigation center by no later than June 2020. §302(c)(4)(E)(ii) Unmet share of the RHNA at AMI Level 30 30 30 30 28 148 30% 30% 30% 174 §302(c)(4)(E)(iv) Period of Affordability for the Proposed Activity (55 years required for rental housing projects) N/A N/A N/A N/A N/A §302(c)(4)(E)(ii) Projected Number of Households Served 50 30 30 30 34 §302(c)(4)(E)(iii) A description of major steps/actions and a proposed schedule for the implementation and completion of the Activity. §301(a)(8) Efforts to acquire and rehabilitate foreclosed or vacant homes and apartments. §301(a)(9) Homeownership opportunities, including, but not limited to, down payment assistance. §301(a)(10) Fiscal incentives made by a county to a city within the county to incentivize approval of one or more affordable housing Projects, or matching funds invested by a county in an affordable housing development Project in a city within the county, provided that the city has made an equal or greater investment in the Project. The county fiscal incentives shall be in the form of a grant or low-interest loan to an affordable housing Project. Matching funds investments by both the county and the city also shall be a grant or low-interest deferred loan to the affordable housing Project. File Name: Plan Adoption §302(c)(4)(D) Evidence that the Plan was authorized and adopted by resolution by the Local jurisdiction and that the public had an adequate opportunity to review and comment on its content. Attached and on USB? 118 Activity Location 12 (if different from applicant location) District # First Name Last Name State Senate Member U.S. House of Representatives Activity Location 11 (if different from applicant location) District # First Name Last Name State Assembly Member State Senate Member U.S. House of Representatives Activity Location 10 (if different from applicant location) District # First Name Last Name State Assembly Member State Senate Member U.S. House of Representatives Activity Location 9 (if different from applicant location) District # First Name Last Name State Assembly Member State Senate Member U.S. House of Representatives Activity Location 8 (if different from applicant location) District # First Name Last Name State Assembly Member State Senate Member U.S. House of Representatives Activity Location 7 (if different from applicant location) District # First Name Last Name State Assembly Member State Senate Member U.S. House of Representatives Activity Location 6 (if different from applicant location) District # First Name Last Name State Assembly Member State Senate Member U.S. House of Representatives Activity Location 5 (if different from applicant location) District # First Name Last Name State Assembly Member State Senate Member U.S. House of Representatives Activity Location 4 (if different from applicant location) District # First Name Last Name State Assembly Member State Senate Member U.S. House of Representatives Activity Location 3 (if different from applicant location) District # First Name Last Name State Assembly Member State Senate Member U.S. House of Representatives Activity Location 2 (if different from applicant location) District # First Name Last Name State Assembly Member State Senate Member 34th Thomas J. Umberg U.S. House of Representatives 48th Harley Rouda Activity Location 1 (if different from applicant location) District #First Name Last Name State Assembly Member 72nd Tyler Diep Rev. 2/26/20Legislative and Congressional Information U.S. House of Representatives 48th Harley Rouda District #First Name Last Name State Assembly Member 72nd Tyler Diep Provide the Legislative and Congressional information for the applicant and each activity location, (if different than applicant location), included in this application. To locate or verify the Legislative and Congressional information, click on the respective links below and enter the applicant office location zip code, the activity location site zip code(s) (i.e. zip code(s) where activities are performed), and any additional activity location site(s), as applicable. Applicant Office Location State Senate Member 37th John M.W.Moorlach California State Assembly California State Senate U.S. House of Representatives 119 District #First Name Last Name State Assembly Member State Assembly Member State Senate Member U.S. House of Representatives U.S. House of Representatives State Senate Member U.S. House of Representatives U.S. House of Representatives Activity Location 25 (if different from applicant location) District # First Name Last Name State Assembly Member State Senate Member State Senate Member Activity Location 22 (if different from applicant location) District # First Name Last Name U.S. House of Representatives Activity Location 24 (if different from applicant location) Activity Location 23 (if different from applicant location) District # First Name Last Name State Assembly Member District # First Name Last Name State Assembly Member State Senate Member State Senate Member U.S. House of Representatives Activity Location 21 (if different from applicant location) Activity Location 20 (if different from applicant location) District # First Name Last Name State Assembly Member State Assembly Member State Senate Member U.S. House of Representatives U.S. House of Representatives Activity Location 18 (if different from applicant location) District # First Name Last Name District # First Name Last Name State Assembly Member State Senate Member State Senate Member U.S. House of Representatives Activity Location 17 (if different from applicant location) Activity Location 16 (if different from applicant location) District # First Name Last Name State Assembly Member State Senate Member U.S. House of Representatives Activity Location 15 (if different from applicant location) District # First Name Last Name State Assembly Member State Senate Member U.S. House of Representatives Activity Location 14 (if different from applicant location) District # First Name Last Name State Assembly Member State Senate Member U.S. House of Representatives Activity Location 13 (if different from applicant location) District # First Name Last Name State Assembly Member State Senate Member U.S. House of Representatives State Assembly Member 120 City of Huntington Beach File #:20-1592 MEETING DATE:5/4/2020 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Oliver Chi, City Manager PREPARED BY:Oliver Chi, City Manager Subject: Recommendations for establishing the Huntington Beach Economic Recovery Task Force Statement of Issue: On April 20, at the Mayor’s request, the City Council directed that staff develop guidelines for the creation of an Economic Recovery Task Force to address the issues associated economic impacts from COVID-19. The current pandemic presents unique challenges unlike previous economic downturns, which requires a strategic response at the local, State, and Federal levels of government. To assist with local economic recovery efforts, staff, working in conjunction with the Mayor, has developed proposed guidelines for the creation of the Huntington Beach Economic Recovery Task Force, to be comprised of business leaders from key industries in the city. This task force will provide insight and make recommendations to the City Council on how to structure recovery efforts, while balancing the health and safety needs of Huntington Beach residents and the local workforce. Financial Impact: None by this action. Recommended Action: A) Form a nine (9) member Huntington Beach Economic Recovery Task Force comprised of local business leaders to provide guidance and recommendations to the City Council on matters related to potential COVID-19 economic recovery efforts; and, B) Appoint two members of the City Council to act as liaisons to the Task Force, including the Mayor and immediate past Mayor. Alternative Action(s): Do not approve the recommended actions and direct staff accordingly. Analysis: The emergence of the novel coronavirus (COVID-19) pandemic has triggered profound and lasting economic impacts worldwide, as well as to our local economies. Statewide “stay at home” orders, City of Huntington Beach Printed on 4/30/2020Page 1 of 4 powered by Legistar™121 File #:20-1592 MEETING DATE:5/4/2020 including one issued by Governor Gavin Newsom on March 19, 2020, have made great strides to slow the rate of COVID-19 cases and protect public health. However, adherence to these orders has caused the majority of businesses and institutions to remain closed. The impacts of these shut downs are seen in mass employee layoffs, permanent business closures, and disruptions to education, medical care, and other key sectors. Huntington Beach’s local economy is experiencing significant financial strain, and there is a need to develop and implement a definitive plan to support economic stabilization, recovery, and resiliency during and after the COVID-19 pandemic. On April 20, 2020, the City Council directed staff to create a proposal for the creation of the Huntington Beach Economic Recovery Task Force that would be comprised of stakeholders from key economic sectors of the City to: ·Develop and recommend a plan to help the local economy cope with the sudden loss in business and jobs. ·Identify the needs of employees and businesses of the following industries, which include but are not limited to: travel and hospitality, retail, automotive dealers, manufacturing, recreation, food service, nonprofit, and the service sector. These needs must be directly correlated with efforts to rebound from the COVID-19 pandemic. ·Recommend necessary strategies and effective tools that may be implemented by the City to support the recovery plan that is developed and proposed for implementation. Huntington Beach Economic Recovery Task Force 1.Purpose:This Task Force shall act as an advisory committee to the City Council on matters related to the economic recovery efforts during the COVID-19 pandemic and the re-opening and restoration of the local economy. 2.Composition and Appointment: a. The Task Force will include two members of the City Council, including the Mayor and immediate past Mayor. b. The Task Force shall consist of nine (9) other members, to be appointed by the two City Council members on the Task Force, to include representation in the following industries: i. Nine (9) business leaders, including one (1) representative from each of the following industries: 1. Automotive Sales 2. Downtown 3. Small Business 4. Real Estate 5. Leisure / Travel Hospitality 6. Professional / Corporate Business Entity 7. Non-Profit Entity 8. Restaurant City of Huntington Beach Printed on 4/30/2020Page 2 of 4 powered by Legistar™122 File #:20-1592 MEETING DATE:5/4/2020 9. Retail c. All Task Force members shall either reside in or operate a business within the city of Huntington Beach. d. Members shall serve without compensation and may not hold any other office or employment in the city government. e. Members of the Task Force shall serve an initial term through December 31, 2020, at which time the City Council may choose to disband, extend, or revise the purpose of and rules governing the Task Force, including the length of subsequent terms. f. A Chair and Vice-Chair shall be selected from among the appointed members. A City staff liaison shall serve as the Secretary. g. Any vacancy that arises on the Task Force shall be filled by appointment by the two City Council liaisons. 3.Meeting Frequency: The Economic Recovery Task Force shall meet on at least a monthly basis, and up to two times per month, to discharge its duties at a time and place of its choosing, including meeting virtually to ensure health and safety. 4.Duties: a. The Economic Recovery Task Force will advise the City Council on strategies and tools to promote short-term, intermediate, and long-range economic activity in Huntington Beach, particularly with respect to the immediate and looming fiscal impacts resulting from the COVID-19 pandemic. b. This may include, but is not limited to, the following: i. Assess and share expertise on how each industry is being impacted differently. ii.Plan for and assist in the transition of businesses phasing back into the local economy. iii. Identify sources of financial assistance available to businesses in Huntington Beach to aid in recovery efforts. iv. Identify steps the City may take to streamline processes, offer incentives, conduct marketing, and connect businesses to assist in economic recovery. v. Foster collaboration across industries. vi. Coordinate activities and ideas at the regional level to ensure alignment. vii. Balance business needs with the ongoing physical and mental health needs of Huntington Beach residents. viii. Develop policy suggestions that may provide direct or indirect assistance to economic recovery efforts. ix. Provide guidance on how people can safely return to work. c. At the discretion of the Task Force, split into smaller focus groups to develop concrete City of Huntington Beach Printed on 4/30/2020Page 3 of 4 powered by Legistar™123 File #:20-1592 MEETING DATE:5/4/2020 action steps related, but not limited to: i. Supporting small businesses. ii. Increasing business activity downtown. iii. Working with VHB to market Huntington Beach as the premier location to visit and stay in Orange County. iv. Quantifying the economic impact of COVID-19 across industries. Should the City Council form the Economic Recovery Task Force, the City Manager’s Office will assign a staff liaison to coordinate with the appointed City Council liaisons and Task Force members to schedule the inaugural meeting. Environmental Status: Not applicable. Strategic Plan Goal: Strengthen long-term financial and economic sustainability Attachment(s): None. City of Huntington Beach Printed on 4/30/2020Page 4 of 4 powered by Legistar™124 City of Huntington Beach File #:20-1603 MEETING DATE:5/4/2020 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Oliver Chi, City Manager PREPARED BY:Oliver Chi, City Manager Subject: Adopt Resolution No. 2020-30 supporting the Orange County Board of Supervisors’ efforts to address Commercial Re-Openings in response to COVID-19 Statement of Issue: The COVID-19 pandemic is creating severe financial strain on our local businesses. To help minimize the long-term impacts of COVID-19, the County of Orange has formed the Orange County Business Recovery Ad Hoc Committee to receive guidance from business leaders and medical professionals to help develop a safe way to re-open commercial businesses. Financial Impact: None by this action. Recommended Action: Adopt Resolution No. 2020-30, “A Resolution of the City Council of the City of Huntington Beach Supporting the Orange County Board of Supervisors’ Efforts to Address Commercial Re-Openings in Response to COVID-19.” Alternative Action(s): Do not approve the recommended action and direct staff accordingly. Analysis: Per Mayor Semeta’s request and the need for timeliness, a resolution to support the Orange County Board of Supervisors’ efforts to re-open commercial businesses is being brought forth for the City Council’s consideration. The Orange County Board of Supervisors recently formed the Orange County Business Recovery Ad Hoc Committee. This Committee will bring Orange County business leaders and medical professionals together to assist the region in recovering from the impacts of COVID-19 closures. The Committee’s joint expertise will help plan for the best method of re-opening commercial businesses, while ensuring safety measures are put into place to protect the County’s residents and workforce. City of Huntington Beach Printed on 4/30/2020Page 1 of 2 powered by Legistar™125 File #:20-1603 MEETING DATE:5/4/2020 Similarly, before the City Council tonight is an item to form a Huntington Beach Economic Recovery Task Force to bring together business experts across industries to focus on our community’s efforts. To further these efforts at the regional level, Resoution No. 2020-30 outlines the City Council’s support for the Orange County Board of Supervisors’ efforts to re-open commercial businesses. Together, these efforts may lead to a speedier economic recovery, while balancing the health and safety needs of those who live, work, and visit our community and region. Environmental Status: Not applicable. Strategic Plan Goal: Strengthen long-term financial and economic sustainability Attachment(s): 1. Resolution No. 2020-30, “A Resolution of the City Council of the City of Huntington Beach Supporting the Orange County Board of Supervisors’ Efforts to Address Commercial Re-Openings in Response to COVID-19” City of Huntington Beach Printed on 4/30/2020Page 2 of 2 powered by Legistar™126 RESOLUTION NO. 2020-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH SUPPORTING THE ORANGE COUNTY BOARD OF SUPERVISORS’ EFFORTS TO ADDRESS COMMERCIAL RE-OPENINGS IN RESPONSE TO COVID-19 WHEREAS, on March 4, 2020, Governor Gavin Newsom declared a State of Emergency in the State of California in response to the COVID-19 outbreak; and WHEREAS, on March 15, 2020, Governor Newsom called for bars, wineries, nightclubs, and brewpubs to close throughout the State; and WHEREAS, on March 19, 2020 Governor Newsom issued a Shelter at Home order to slow the spread of COVID-19; and WHEREAS, the COVID -19 pandemic has caused tremendous negative impacts to the global and local economies; and WHEREAS, many of Huntington Beach’s businesses have experienced significant losses of income as a result, many of which are at risk of going out of business; and WHEREAS, the Orange County Board of Supervisors recently formed the Orange County Business Recovery Ad Hoc Committee to receive guidance from business leaders and medical professionals to help develop a safe way to re-open commercial businesses. NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: SECTION 1. The City Council of the City of Huntington Beach declares its support for the efforts of Orange County Board of Supervisors to re-open commercial businesses in a manner that will protect the health and safety of the County’s residents, workforce, and visitors. SECTION 2. This resolution shall take effect immediately upon its adoption by the City Council. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 4th day of May, 2020. 127 RESOLUTION NO. 2020-30 2 20-8601/228471 REVIEWED AND APPROVED: ________________________________ City Manager Mayor INITIATED AND APPROVED: ____________________________________ Chief Financial Officer APPROVED AS TO FORM: ____________________________________ City Attorney 128 City of Huntington Beach File #:20-1604 MEETING DATE:5/4/2020 Submitted by Councilmember Posey - Direct staff to research expanded Outdoor Dining Program for COVID-19 restaurant relief Based on my assessment of the situation, I am requesting that the City Council vote to direct staff to develop a program that would temporarily convert adjacent public spaces into outdoor dining areas to allow restaurants greater dining capacity, given COVID-19 social distancing requirements. City of Huntington Beach Printed on 4/30/2020Page 1 of 1 powered by Legistar™129     CITY OF HUNTINGTON BEACH  CITY COUNCIL MEETING – COUNCIL MEMBER ITEMS REPORT      TO:    THE HONORABLE MAYOR AND CITY COUNCIL    FROM:    MIKE POSEY, CITY COUNCIL MEMBER    DATE:    MAY 4, 2020    SUBJECT:  DIRECT STAFF TO RESEARCH EXPANDED OUTDOOR DINING PROGRAM FOR COVID‐19  RESTAURANT RELIEF    BACKGROUND  The COVID‐19 pandemic has drastically altered our business landscape, and many restaurants and  storefronts face steep obstacles as we look to reopen the economy.  Those businesses able to re‐open  will need to impose strict social distancing and safety measures for their workforce and customers.  In  particular, restaurants, cafés, and bars will be grappling with significantly‐reduced dining capacity, with  customers being required to abide by social distancing requirements.    Given the need to socially distance, I am requesting that the City Council consider directing staff to  develop a program where restaurants may temporarily use the City’s public spaces to place additional  tables for outdoor dining.  If this protocol is approved, it could help increase capacity and reduce the  burden placed on food and beverage establishments, and the added seating capacity could make the  difference between a business being able to stay afloat and having to close its doors.  Vilnius, Lithuania,  has created a similar program for outdoor diners, and it was met with great acclaim.    In addition to helping these specific restaurant businesses, opening up the City’s public spaces to  additional outdoor dining will bring people back to the City’s streets faster, increasing traffic for nearby  retail and service‐based businesses.      RECOMMENDED ACTION  Based on my assessment of the situation, I am requesting that the City Council vote to direct staff to  develop a program that would temporarily convert adjacent public spaces into outdoor dining areas to  allow restaurants greater dining capacity, given COVID‐19 social distancing requirements.  130