HomeMy WebLinkAbout2020-06-01 Agenda Packet
AGENDA
City Council/Public Financing Authority
Monday, June 1, 2020 at 4:00 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 fully participate in providing meaningful public comments at the June 1, 2020, City Council
meeting:
1. The Council Chambers will be open for public attendance to provide public comments. Social distancing measures
will be in place, and once a participant has made a public comment, the participant will be asked to exit the Council Chambers. The
City will provide an area for viewing the Council meeting on television to a limited number of participants. During Public Comments,
members of the public may provide a comment, on an agendized or non-agendized item, in person with a 3-minute time limit; or,
2. The public may submit a comment telephonically. At 6:00 PM, individuals wishing to provide a comment on agendized
or non-agendized items may call (669) 900-6833 and enter Webinar ID: 986 8508 6898. Once a caller has entered the meeting,
they will be placed in a holding queue. Callers will be prompted to speak in the order received, and after the Clerk confirms the
last three digits of their phone number, are encouraged, but not required to identify themselves by name. Each caller will be
provided 3 minutes to speak. Individuals wishing to provide comments on items scheduled for Study Session or Closed Session
should enter the call queue at 4:00 PM.
Members of the public may submit 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 to make reasonable arrangements for an assisted listening device (ALD) for the hearing impaired, American Sign
Language interpreters, a reader during the meeting and/or large print agendas. Please contact the City Clerk's Office at (714) 536-
5227 for more information. 1
AGENDA June 1, 2020City Council/Public Financing
Authority
4:00 PM - COUNCIL CHAMBERS
CALL TO ORDER
ROLL CALL
Posey, Delgleize, Hardy, Semeta, Peterson, Carr, Brenden
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution)
PUBLIC COMMENTS PERTAINING TO STUDY SESSION / CLOSED SESSION ITEMS (3 Minute
Time Limit)
At 4:00 PM, individuals wishing to provide a comment on a Study Session or Closed Session item
may call 1+ (669) 900-6833 and enter Webinar ID: 986 8508 6898. Once a caller has entered the
meeting, their call will be placed in a holding queue and will be answered in the order received.
When invited to speak, callers are encouraged to identify themselves by name, and can speak for
no more than 3 minutes.
STUDY SESSION
20-16441.Fiscal Year 20/21 Proposed Budget
RECESS TO CLOSED SESSION
CLOSED SESSION
20-16672.Pursuant to Government Code § 54956.9(d)(1), the City Council shall
recess into Closed Session to confer with the City Attorney
regarding the following lawsuit: HBPOA and Nikitin (Yasha) v. City
of Huntington Beach, et al.; OCSC Case No.: 30-2019-01093906.
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
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AGENDA June 1, 2020City Council/Public Financing
Authority
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.
20-16703.Scott Wilson from Saint Mary’s by the Sea Catholic Church and
member of the Greater Huntington Beach Interfaith Council
CLOSED SESSION REPORT BY CITY ATTORNEY
AWARDS AND PRESENTATIONS
20-14454.Mayor Semeta to call on City Clerk Robin Estanislau to assist with
conducting the 4th of July fireworks booth lottery drawing
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution)
PUBLIC COMMENTS (3 Minute Time Limit)
At 6:00 PM, individuals wishing to provide a comment on an agendized or non-agendized item
may call 1+ (669) 900-6833 and enter Webinar ID: 986 8508 6898. Once a caller has entered the
meeting, their call will be placed in a holding queue and will be answered in the order received.
When invited to speak, callers are encouraged to identify themselves by name, and can speak for
no more than 3 minutes.
COUNCIL COMMITTEE - APPOINTMENTS - LIAISON REPORTS, AB 1234 REPORTING, AND
OPENNESS IN NEGOTIATIONS DISCLOSURES
CITY MANAGER'S REPORT
20-14895.Ascon Landfill Site Update
20-16696.Update of the City COVID-19 Response Plan and Actions for Review
and Discussion
20-16717.July 4th Celebration Activities Update
CONSENT CALENDAR
20-16558.Approve and Adopt Minutes
Approve and adopt the City Council/Public Financing Authority regular meeting minutes
Recommended Action:
Page 2 of 6
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AGENDA June 1, 2020City Council/Public Financing
Authority
dated May 4, 2020, as written and on file in the office of the City Clerk.
20-15889.Accept the lowest responsive and responsible bid and authorize
execution of a construction contract with Green Giant Landscape,
Inc., in the amount of $169,000 for the Central Park Restrooms Phase
2, CC-1601
A) Accept the lowest responsive and responsible bid submitted by Green Giant
Landscape, Inc. in the amount of $169,000; and,
B) Authorize the Mayor and City Clerk to execute a construction contract in a form
approved by the City Attorney .
Recommended Action:
20-164810.Accept the lowest responsive and responsible bid and authorize
execution of a construction contract with Mehta Mechanical Co. Inc.,
dba MMC Inc., in the amount of $3,684,400 for the Saybrook Lift
Station Replacement Project, CC-1585; and authorize appropriation
of funds
A) Appropriate $190,800 from the Sewer Service Fund (511) to Account
51189012.82600; and,
B) Accept the lowest responsive and responsible bid submitted by Mehta Mechanical Co.
Inc., dba MMC Inc., in the amount of $3,684,400; and ,
C) Authorize the Mayor and City Clerk to execute a construction contract in a form
approved by the City Attorney.
Recommended Action:
20-164911.Approve the Infrastructure Fund Annual Report for Fiscal Year
2018-19
Approve the Infrastructure Fund Annual Report for Fiscal Year 2018-19.
Recommended Action:
20-166612.Approve the Memorandum of Understanding between the City of
Huntington Beach, Huntington Beach Chamber of Commerce,
Community for Innovation, Entrepreneurship, Leadership and
Opportunities (CIELO), and the CSUF Small Business Development
Center (SBDC) for One HB Business Support Program (OneHB
Program)
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AGENDA June 1, 2020City Council/Public Financing
Authority
Approve and authorize the City Manager or his designated representative to execute the
Memorandum of Understanding (MOU) to establish a partnership between the City of
Huntington Beach, Huntington Beach Chamber of Commerce, Community for Innovation,
Entrepreneurship, Leadership and Opportunities (CIELO), and the CSUF Small Business
Development Center (SBDC).
Recommended Action:
20-144913.Approve and authorize execution of contract agreement with The
City of Westminster for use of the Westminster Firearm Training
Facility
Approve and authorize the Mayor and City Clerk to execute a two-year “Indemnification
and Hold Harmless Agreement” with the City of Westminster to continue access and use
of their Firearms Training Facility beginning on July 1, 2020.
Recommended Action:
20-165414.Adopt Ordinance No. 4206 repealing Chapter 14.24 and amending
Chapter 14.25 of the Huntington Beach Municipal Code (HBMC)
regarding Stormwater and Urban Runoff Management Ordinance
Approved for introduction 5/18/20 - Vote: 7-0
Adopt Ordinance No. 4206, “An Ordinance of the City of Huntington Beach Repealing
Chapter 14.24 and Amending Chapter 14.25 of the Huntington Beach Municipal Code
Regarding Stormwater and Urban Runoff Management.”
Recommended Action:
ADMINISTRATIVE ITEMS
20-166415.Approve a program to allow Temporary Emergency Outdoor
Commercial Activity on Private and Public Property during the
COVID-19 pandemic
A) Confirm that allowing temporary emergency outdoor commercial activity on private
and public property with issuance of a Temporary Emergency Use Permit during the
period of the emergency is reasonably related to the protection of property being
impacted by the COVID-19 emergency , and allow the City Manager, or his designee, to
implement the temporary emergency use permit process; and ,
B) Confirm that allowing a Temporary Sign/Banner Permit in conjunction with issuance of
a Temporary Emergency Use Permit during the period of the emergency is reasonably
related to the protection of property being impacted by the COVID-19 emergency , and
allow the City Manager, or his designee, to implement the temporary sign and banner
Recommended Action:
Page 4 of 6
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AGENDA June 1, 2020City Council/Public Financing
Authority
permit process including minor design deviations; and ,
C) Forego all fees associated with Temporary Emergency Use Permits and associated
Temporary Sign/Banner Permits; and ,
D) Direct and authorize staff to engage with the Downtown BID to develop a possible
Downtown Pilot Program along the Second Block of Main Street, and return with program
details for formal City Council consideration at the June 15th City Council meeting.
20-166816.Adopt Resolution No. 2020-37 amending Resolution Nos. 2016-59,
2017-28, 2017-44, 2017-46, 2018-01, 2018-29, 2018-48, 2018-55,
2019-07, 2019-19 and 2019-87, which established a Consolidated
Comprehensive Citywide Master Fee and Charges Schedule
(Supplemental Fee Resolution No. 11) allowing patrons with disabled
parking to park for free in beach parking lots along PCH and
downtown parking structures
Adopt Resolution No. 2020-37, “A Resolution of the City Council of the City of Huntington
Beach Amending Resolution Nos. 2016-59, 2017-28, 2017-44, 2017-46, 2018-01,
2018-29, 2018-48, 2018-55, 2019-07, 2019-19 and 2019-87 , which established a
Consolidated Comprehensive Citywide Master Fee and Charges Schedule
(Supplemental Fee Resolution No. 11).”
Recommended Action:
COUNCILMEMBER ITEMS
20-167517.Submitted by Councilmember Posey - Let’s Go Fishing 90-Day
Lease Extension
Based on my assessment of the situation, I am requesting that the City Council vote to
direct staff to execute a new contract with Let’s Go Fishing to provide for an additional
3-month term to their base lease agreement, pursuant to the terms outlined above.
Recommended Action:
COUNCILMEMBER COMMENTS (Not Agendized)
ADJOURNMENT
The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority is
Monday, June 15, 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
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AGENDA June 1, 2020City Council/Public Financing
Authority
http://www.huntingtonbeachca.gov
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City of Huntington Beach
File #:20-1644 MEETING DATE:6/1/2020
Fiscal Year 20/21 Proposed Budget
City of Huntington Beach Printed on 5/28/2020Page 1 of 1
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City of Huntington Beach
File #:20-1667 MEETING DATE:6/1/2020
Pursuant to Government Code § 54956.9(d)(1), the City Council shall recess into Closed
Session to confer with the City Attorney regarding the following lawsuit: HBPOA and Nikitin
(Yasha) v. City of Huntington Beach, et al.; OCSC Case No.: 30-2019-01093906.
City of Huntington Beach Printed on 5/28/2020Page 1 of 1
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City of Huntington Beach
File #:20-1670 MEETING DATE:6/1/2020
Scott Wilson from Saint Mary’s by the Sea Catholic Church and member of the Greater
Huntington Beach Interfaith Council
City of Huntington Beach Printed on 5/28/2020Page 1 of 1
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City of Huntington Beach
File #:20-1445 MEETING DATE:6/1/2020
Mayor Semeta to call on City Clerk Robin Estanislau to assist with conducting the 4 th of July fireworks
booth lottery drawing
City of Huntington Beach Printed on 5/28/2020Page 1 of 1
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City of Huntington Beach
File #:20-1489 MEETING DATE:6/1/2020
Ascon Landfill Site Update
City of Huntington Beach Printed on 5/28/2020Page 1 of 1
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City of Huntington Beach
File #:20-1669 MEETING DATE:6/1/2020
Update of the City COVID-19 Response Plan and Actions for Review and Discussion
City of Huntington Beach Printed on 5/28/2020Page 1 of 1
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City of Huntington Beach
File #:20-1671 MEETING DATE:6/1/2020
July 4th Celebration Activities Update
City of Huntington Beach Printed on 5/28/2020Page 1 of 1
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City of Huntington Beach
File #:20-1655 MEETING DATE:6/1/2020
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 regular meeting minutes of May 4, 2020, require review
and approval.
Financial Impact:
None.
Recommended Action:
Approve and adopt the City Council/Public Financing Authority regular meeting minutes dated May 4,
2020, as written and on file in the office of the City Clerk.
Alternative Action(s):
Do not approve and/or request revision(s).
Analysis:
None.
Environmental Status:
Non-Applicable.
Strategic Plan Goal:
Non-Applicable - Administrative Item
Attachment(s):
1. May 4, 2020 CC/PFA regular meeting minutes
City of Huntington Beach Printed on 5/28/2020Page 1 of 1
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Minutes
City Council/Public Financing Authority
City of Huntington Beach
Monday, May 4, 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
CALL TO ORDER — 5:02 PM
ROLL CALL
Present: Posey, Delgleize, Hardy, Semeta, Carr (remote), and Brenden (remote)
Absent: Peterson
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS PERTAINING TO CLOSED SESSION
ITEMS (Received After Agenda Distribution) — None
PUBLIC COMMENTS PERTAINING TO CLOSED SESSION ITEMS — None
A motion was made by Posey, second Delgleize to recess to Closed Session for Items 2-4. With no
objections, the motion passed.
RECESSED TO CLOSED SESSION — 5:04 PM
CLOSED SESSION ANNOUNCEMENT(S)
1. 20-1602 Mayor Semeta Announced: Pursuant to Government Code § 54957.6, the City
Council shall recess into Closed Session to meet with its designated labor
negotiator: Oliver Chi, City Manager; 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).
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Council/PFA Regular Meeting
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Page 2 of 18
CLOSED SESSION
2. 20-1590 Pursuant to Government Code § 54956.9(d)(4), the City Council recessed 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).
3. 20-1601 Pursuant to Government Code § 54957.6, the City Council recessed into Closed
Session to meet with its designated labor negotiator: Oliver Chi, City Manager;
also in attendance: Travis Hopkins, 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).
4. 20-1605 Pursuant to Government Code § 54956.9(d)(2), the City Council recessed into
Closed Session to confer with the City Attorney regarding potential litigation.
Number of cases, two (2).
6:00 PM - COUNCIL CHAMBERS
RECONVENED CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING — 6:06 PM
ROLL CALL
Present: Posey, Delgleize, Hardy, Semeta, Peterson, Carr (remote), and Brenden (remote)
Absent: None
PLEDGE OF ALLEGIANCE — Led by Councilmember Delgleize
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.
5. 20-1550 Marilyn Anonia of Saint Simon and Jude Catholic Church and member of the
Greater Huntington Beach Interfaith Council
CLOSED SESSION REPORT BY CITY ATTORNEY
City Attorney Gates reported Council voted unanimously 6-0 (Peterson-Absent) to decline Amicus
support in the Petition to Writ to the U. S. Supreme Court in the agendized case Don Higginson v.
Xavier Becerra, et al.
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Council/PFA Regular Meeting
May 4, 2020
Page 3 of 18
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:
Non-Agendized Items
One (1) communication from Kathryn Levassiur
City Manager's Report
Item No. 6 (20-1486) PowerPoint communication submitted by Assistant City Manager Travis Hopkins,
entitled Ascon Landfill Site Update.
Item No. 7 (20-1597) Thirty-Five (35) communications received regarding City COVID-19 Response
Plan from:
Travis Pritchett
Patti Kerr
Justin Bruursema
Susan Lipscomb
Darrin Hainer
Tom Niedringhaus
Debra Brown
John Carter
Bobbi Ashurst
Wendy Sheeran
Elissa Warantz
Jeannie Bird
Shirlee Krause
Kathleen Johnson
Andrea Tendler
Dan Ciscel
Dr. Kevin Tubbs
Susan Harpole
Andrew Richmond
Charles Goldblum
Simon Swart
Shelly Colangelo
Linda Fitch (2)
Brian Ross
Shirlee Krause
Henry Flores (2)
Michael Canas
Marty Caproni
Cathie Panis
Lewis Harrison
Elizabeth
Schroeder
Richard Lioy
Paul Marano
Public Hearing
Item No. 13 (20-1594) PowerPoint communication submitted by Assistant City Manager Travis
Hopkins, entitled Permanent Local Housing Allocation.
Administrative Items
Item No. 15 (20-1603) Resolution No. 2020-30 supporting the Orange County Board of Supervisors'
efforts to address Commercial Re-Openings in response to COVID-19, ten (10)
communications from:
Gary Tarkington
Maria T. Spain
Andrea Russell
Cari Swan
Sylvia Calhoun
Erin Rustvold
Eileen Harris
Ray Scrafield
Shannon Cook
Jennifer Pauline
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.
One hundred twenty seven (127) public comments received by 4:00 PM were compiled and read aloud
to the City Council by City Clerk Robin Estanislau and Deputy City Clerk Tania Moore.
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
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Council/PFA Regular Meeting
May 4, 2020
Page 4 of 18
Donald Gibas, a resident of Huntington Beach since 1968, submitted communication in opposition to
proposed salary increases. (00:07:00)
Marian Hitt, submitted communication in support of closing the beaches. (00:07:58)
Jasmine and Mark Allgood, M.D., submitted communication in support of closing all beaches.
(00:08:30)
Douglas Beauchamp, a 70+ year resident of Huntington Beach, submitted communication in support of
opening the City's tennis courts with safety measures in place. (00:09:51)
Anonymous, a 20-year homeowner of Huntington Beach, submitted communication in support of
closing all beaches. (00:10:58)
Julie Killeen, a 36-year resident and homeowner of Huntington Beach, submitted communication in
support of closing all beaches. (00:12:02)
Doria C. Merical submitted communication in support of closing all beaches. (00:12:44)
Rod Rasmussen submitted communication in support of opening all beaches. (00:13:00)
Belinda Shepherd submitted communication in support of closing all beaches. (00:13:12)
Sheena Innocente, M.S.W., submitted communication in support of closing all beaches. (00:13:33)
Cynthia Webster submitted communication in support of opening all beaches. (00:14:22)
Leigh Martin, resident of Orange County for over 30 years, submitted communication in support of
closing all beaches. (00:14:38)
Anonymous resident of Huntington Beach submitted communication in opposition to suing Governor
Newsom. (00:15:53)
Anonymous citizen of Huntington Beach submitted communication in support of opening all beaches.
(00:17:12)
Erin Spivey, submitted communication in opposition to suing Governor Newsom. (00:17:35)
Theresa Feil-Campama submitted communication in support of closing all beaches. (00:18:14)
Anthony Zarkades submitted communication in support of closing all beaches. (00:19:18)
Jane Yata submitted communication in support of closing all beaches. (00:19:57)
Linda Purtill, a 32-year resident of Huntington Beach, submitted communication in opposition to suing
Governor Newsom. (00:20:56)
Candice Lovett submitted communication in support of opening all beaches. (00:21:38)
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Council/PFA Regular Meeting
May 4, 2020
Page 5 of 18
Joe Mama submitted communication in opposition to suing Governor Newsom. (00:22:03)
Janet Johnson submitted communication in support of opening beaches for City residents, and
requested regular updates on facts. (00:22:31)
Lisa Jacoby submitted communication in support of closing all beaches, and opposition to suing
Governor Newsom. (00:23:28)
Walter Callerio submitted communication in support of closing all beaches. (00:23:57)
Nancy submitted communication in opposition to suing Governor Newsom. (00:24:06)
Cathie Panis submitted communication in support of suing Governor Newsom. (00:24:23)
Debbi Parrott submitted communication in opposition to suing Governor Newsom. (00:24:46)
Mark Hutchison submitted communication in opposition to suing Governor Newsom. (00:25:31)
Adrienne Low submitted communication in opposition to suing Governor Newsom. (00:25:43)
Shammy Dee submitted communication in opposition to suing Governor Newsom. (00:26:36)
Brenda Curet, a 55-year resident, submitted communication in opposition to suing Governor Newsom.
(00:27:43)
Wendy Rincon, a life-long resident of Huntington Beach, submitted communication in opposition to
suing Governor Newsom. (00:28:10)
Jeannie Bird submitted communication in opposition to suing Governor Newsom. (00:29:04)
Spencer Hagaman submitted communication to acknowledge a number of the Good Samaritans in the
community who, in his opinion, are not getting the publicity they deserve because many people choose
to focus only on the bad situations. (00:29:25)
Amory Hanson, a Candidate for City Council in 2020 and a member of the Huntington Beach Historic
Resources Board, asked that all City deliberative assemblies continue to meet via video conference if
necessary, to avoid violation of the freedom to assemble. (00:30:55)
Dan Hytrek submitted communication in support of closing all beaches, and opposition to suing
Governor Newsom. (00:31:37)
Carol Berk, a long-time resident, submitted communication in support of closing all beaches, and asked
City Council for a detailed plan focused on safety for the entire community. (00:33:10)
Randall Otten submitted communication in support of opening all beaches, and opposition to orders
from Governor Newsom. (00:34:16)
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Council/PFA Regular Meeting
May 4, 2020
Page 6 of 18
Colleen Brennan submitted communication in support of closing all beaches, and opposition to suing
Governor Newsom. (00:35:06)
Carol Keane submitted communication in support of closing all beaches, and opposition to suing
Governor Newsom. (00:36:09)
S. Boodman submitted communication in opposition to suing Governor Newsom. (00:36:49)
Christy Hatt submitted communication in support of closing all beaches, and opposition to suing
Governor Newsom. (00:37:04)
Philip I. Good submitted communication in support of closing beaches from noon to 7 PM. (00:37:42)
Maria Sugranes submitted communication in support of closing beaches. (00:37:50)
Karen Coyne submitted communication in support of closing beaches, and opposition to suing
Governor Newsom. (00:37:56)
Leigh Martin submitted communication in support of closing beaches, and opposition to suing Governor
Newsom. (00:38:16)
Linda Law submitted communication in support of closing all beaches, and opposition to suing
Governor Newsom. (00:39:43)
Silvia Lovison submitted communication in support of opening beaches for exercise purposes only.
(00:40:07)
Eileen Harris submitted communication in support of opening beaches and businesses with safety
measures in place. (00:40:59)
Pilar Losada submitted communication in support of closing all beaches, and opposition to suing
Governor Newsom. (00:41:25)
Anna Miars submitted communication in support of closing all beaches, and opposition to suing
Governor Newsom. (00:42:07)
Lou Bellanca submitted communication in opposition to suing Governor Newsom. (00:43:26)
Cathey Ryder submitted communication asking for details on the City's plans for economic recovery,
and opposition to suing Governor Newsom. (00:43:45)
Melissa Miller, a Huntington Beach homeowner, submitted communication in support of closing all
beaches, and opposition to suing Governor Newsom. (00:44:37)
Lisa Kavalesky submitted communication in support of closing beaches. (00:46:00)
Vanessa Webster submitted communication in support of closing beaches. (00:46:25)
Stu Bauers submitted communication in opposition to suing Governor Newsom. (00:46:57)
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Council/PFA Regular Meeting
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Page 7 of 18
Joseph P. Shepperd submitted communication in support of closing beaches. (00:47:46)
Cari Swan submitted communication in support of Mayor Semeta and for Administrative Item No. 15
(20-1603) regarding Resolution No. 2020-30 to support the Orange County Board of Supervisor's
efforts to address Commercial Re-Openings in response to COVID-19. (00:48:01)
Sandy Crabb submitted communication in opposition to closing Main Street. (00:49:11)
Luanne Shoup submitted communication in opposition to closing Main Street. (00:49:34)
Colleen Hooker submitted communication in opposition to closing Main Street. (00:49:50)
Veronica Nadan submitted communication in support of opening all beaches. (00:50:07)
Toni Remillard submitted communication in support of closing all beaches. (00:50:28)
Bobbi Ashurst submitted communication in support of opening beaches with safety measures in place.
(00:50:52)
Pam Serdutz submitted communication in support of closing all beaches. (00:52:10)
Caroline McNabb submitted communication in support of closing all beaches, and opposition to suing
Governor Newsom. (00:52:42)
Kathleen Martens submitted communication in support of closing all beaches, and enforcing social
distancing measures on Main Street. (00:53:20)
Donna Jeffery submitted communication in support of keeping Main Street open. (00:54:18)
Heather Watson submitted communication in support of Administrative Item No. 15 (20-1603) regarding
Resolution No. 2020-30 supporting the Orange County Board of Supervisors' efforts to address
Commercial Re-Opening in response to COVID-19. (00:54:24)
Denise Kavanaugh submitted communication in support of Administrative Item No. 15 (20-1603)
regarding Resolution No. 2020-30 supporting the Orange County Board of Supervisors' efforts to
address Commercial Re-Opening in response to COVID-19. (00:54:31)
Sheryl Kellner submitted communication asking the City Council to be leaders and not followers, and
step up to do what is best for the city. (00:54:41)
Buffie Channel, a 30-year resident of Huntington Beach, submitted communication in support of closing
all beaches, and in opposition to suing Governor Newsom. (00:55:44)
Merle Moshini submitted communication in support of closing beaches, and opposition to suing
Governor Newsom. (00:56:53)
Craig Frampton submitted communication in support of opening beaches, and support for suing
Governor Newsom. (00:57:32)
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Megan Lester submitted communication in support of Administrative Item No. 15 (20-1603) regarding
Resolution No. 2020-30 supporting the Orange County Board of Supervisors' efforts to address
Commercial Re-Opening in response to COVID-19. (00:57:52)
Deborah Townes, RN, submitted communication in support of opening beaches with safety measures
in place, and opposition to suing Governor Newsom. (00:58:40)
Shannon Atkins submitted communication in support of closing the beaches. (00:59:12)
Kathee Miller submitted communication in support of open beaches with safety measures in place.
(01:00:03)
Ashely Rajamin submitted communication in opposition to the local protests. (01:00:25)
Lisa Miller, a 40+ year resident of Huntington Beach, submitted communication in support of limited
access to beaches for active use and limited hours. (01:01:07)
Jon Gabbey submitted communication in support of Administrative Item No. 15 (20-1603) regarding
Resolution No. 2020-30 supporting the Orange County Board of Supervisors' efforts to address
Commercial Re-Opening in response to COVID-19. (01:02:18)
Yvonne Mauro submitted communication in support of Administrative Item No. 15 (20-1603) regarding
Resolution No. 2020-30 supporting the Orange County Board of Supervisors' efforts to address
Commercial Re-Opening in response to COVID-19; and in opposition to Councilmember Item No. 16
(20-1604) to research expanded Outdoor Dining Program for COVID-19 restaurant relief. (01:02:27)
Shan Fowler submitted communication in support of continued social distancing. (01:03:30)
Lily Jacinto submitted communication in support of opening businesses while including social
distancing practices. (01:03:44)
Erich Moreno submitted communication in support of Administrative Item No. 15 (20-1603) regarding
Resolution No. 2020-30 supporting the Orange County Board of Supervisors' efforts to address
Commercial Re-Opening in response to COVID-19. (01:04:09)
Staci Calhoun Richardson submitted communication in support of a plan to responsibly open beaches
and businesses with proper safety measures in place. (01:04:19)
Marie Martin, 20-year Huntington Beach resident, submitted communication in support of enforcing
social distancing orders. (01:05:07)
Stephanie Green submitted communication in support of closing the beaches, opposition to suing
Governor Newsom, and suggested the HBReady website include school district updates. (01:06:09)
Rebecca Wilhelm submitted communication in support of closing the beaches, and asked why AlertOC
has not been utilized to communicate critical COVID-19 safety guidelines. (01:07:13)
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Kevin Landry submitted communication in support of limited access to beaches for active uses and
limited hours. (01:08:08)
Daniel Bremmer submitted communication in support of closing the beaches and shutting down the
protests. (01:08:57)
Andrew, a 34-year resident of Huntington Beach, submitted communication in support of responsibly
opened beaches with parking banned on Brookhurst between Banning and Pacific Coast Highway.
(01:10:07)
Sergio Avila, owner of Avila’s El Ranchito, submitted communication in opposition to closing down Main
Street. (01:10:31)
Bruce Hood submitted communication in support of re-opening businesses in a reasonable fashion as
soon as possible, and support for Governor Newsom to enforce his own directives rather than
expecting our local officers to enforce them. (01:10:42)
Josh submitted communication in support of responsibly opening beaches and beach parking so all
residents have access, not just those within walking distance. (01:11:22)
Dorothy Newbrough submitted communication in support of Administrative Item No. 15 (20-1603)
regarding Resolution No. 2020-30 supporting the Orange County Board of Supervisors' efforts to
address Commercial Re-Opening in response to COVID-19. (01:11:55)
Lisa Bertolini submitted communication in support of beach closures, and opposition to suing Governor
Newsom. (01:12:13)
John and Victoria McDonald submitted communication in support of responsibly opened beaches.
(01:12:48)
Julie Meneghini submitted communication in support of beach closures, and opposition to suing
Governor Newsom. (01:13:35)
Duc Nguyen submitted communication in support of beach closures, and opposition to the protests.
(01:14:00)
Janet Cole submitted communication in support of beaches and businesses opening, and opposition to
suing Governor Newsom. (01:14:44)
Bethany Webb, a 40+ year resident, submitted communication in support of beach closures. (01:15:05)
Mary Ann Cordova submitted communication in opposition to closing Main Street. (01:15:46)
John Earl submitted communication in opposition to how City Council is handling public comments, and
stated his opinion the public should be allowed to be heard and seen if they so choose, and suggested
use of proper technology. (01:15:55)
Cassandra Bevers submitted communication in support of beach closures. (01:16:27)
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Janed Sax, a 50+ year resident of Huntington Beach, submitted communication in support of beach
closures, and opposition to suing Governor Newsom; and encouraged focus on ways to re-open
beaches and businesses in a safe manner. (01:17:06)
Katheryn Clarke submitted communication in support of beach closures, disappointment at the lack of
enforcement of social distancing practices, and opposition to suing Governor Newsom. (01:17:57)
Reesa submitted communication in opposition to the protests, and asked what is being done to stop
them. (01:18:54)
Sherry Jackson submitted communication in support of re-opening beaches and businesses. (01:19:05)
Henry submitted communication in support of open businesses and beaches for the health of residents
and the economy. (01:19:27)
Raymond W. Raines submitted communication in support of Mayor Semeta and for Administrative Item
No. 15 (20-1603) regarding Resolution No. 2020-30 to support the Orange County Board of
Supervisor's efforts to address Commercial Re-Openings in response to COVID-19. (01:21:11)
Robert Bolen, Downtown Huntington Beach merchant for over 50 years, submitted communication in
opposition to closing any portion of Main Street. (01:21:48)
Dorothy Lee submitted communication in support of open beaches for active use while encouraging
social distancing practices. (01:22:50)
Cindi Galey submitted communication in opposition to the protests being allowed in Huntington Beach,
and opposition to suing Governor Newsom. (01:23:28)
Janis Patten submitted communication in support of beach closures, an informed and reasonable plan
for reopening beaches and businesses in a safe manner, and opposition to suing Governor Newsom.
(01:24:06)
Joanna submitted communication in support of beach closures, and an informed and reasonable plan
for reopening in a safe manner. (01:25:07)
Chris Powers submitted communication in support of an informed and reasonable plan for reopening in
a safe manner, and opposition to suing Governor Newsom. (01:25:49)
Cassanda Frembling Antonell submitted communication in support of beach closures, in opposition to
suing Governor Newsom, and asked City Council to focus on a detailed plan to safely open beaches
and businesses. (01:26:15)
Joyce Holmes submitted communication in support of open beaches for active use with enforcement of
proper social distancing practices, and opposition to suing Governor Newsom. (01:27:37)
Lauren submitted communication in support of open beaches for active use with enforcement of proper
social distancing practices. (01:28:32)
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David and Marilyn Garibaldi submitted communication in support of open beaches for active use with
enforcement of proper social distancing practices, opposition to suing Governor Newsom, and support
for the decision of Councilmembers Carr and Delgleize on this issue. (01:29:35)
Lisa Elaine Bertolini submitted communication in support of open beaches for active use with
enforcement of proper social distancing practices. (01:31:06)
Kent Nerhus submitted communication in support of closed beaches. (01:31:59)
Gina Clayton-Tarvin, a 30-year resident of Huntington Beach and President of the Ocean View School
District Board of Trustees, submitted communication in opposition to suing Governor Newsom,
opposition to the lack of enforcement of proper social distancing practices among protestors, and
support of open beaches for active use with enforcement of proper social distancing practices.
(01:33:29)
Ken Braithwaite submitted communication in support of Huntington Beach Police Officers enforcing the
appropriately enacted social distancing practices, local noise ordinances and alcohol regulations to
ensure continued quality of life for residents. (01:35:11)
Janet Bean submitted communication in support of Administrative Item No. 15 (20-1603) regarding
Resolution No. 2020-30 to support the Orange County Board of Supervisor's efforts to address
Commercial Re-Openings in response to COVID-19, and safely re-opening our public spaces.
(01:36:05)
COUNCIL COMMITTEE — APPOINTMENTS — LIAISON REPORTS, AB 1234 REPORTING, AND
OPENNESS IN NEGOTIATIONS DISCLOSURES
Councilmember Posey reported attending the Orange County Vector Control Budget and Finance
Committee meeting where he was elected as Chair.
Councilmember Delgleize reported attending a meeting of the Orange County Transportation Authority
(OCTA) Highways and Planning Committee, and shared that reduced traffic due to COVID-19 has
allowed for 24/7 construction on the 405 Freeway project which is now at thirty percent (30%)
completion.
CITY MANAGER’S REPORT
6. 20-1486 Ascon Landfill Site Update
Travis Hopkins, Assistant City Manager, provided a PowerPoint communication entitled Ascon Landfill
Site Update, with slides titled: Slope Failure Concern (2), Tension Cracks Identified, Emergency Repair
Work (2), How to Stay Informed, and Questions Or Concerns?
Councilmember Brenden and Assistant City Manager Hopkins discussed that several community
concerns have been addressed directly by the California Department of Toxic Substance Control
(DTSC), and this remediation project appears to be acceptable to the community. It is estimated that
completion will most likely take a few more weeks. Assistant City Manager Hopkins stated that he
believes this project is providing an opportunity to refine odor and dirt control procedures and materials
which is a major improvement over what was happening last year.
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7. 20-1597 Update of the City COVID-19 Response Plan and Actions for Review and
Discussion
City Manager Oliver Chi presented a PowerPoint communication entitled COVID-19 Update, with slides
titled Situational Update (US Totals, Orange County, Huntington Beach, HB EMS Response Statistics),
Local Available Hospital Resources, Orange County Hospitalizations/ICU Utilization Rates Stabilized,
California Containment Strategy Modeling, and Questions.
Police Chief Robert Handy provided an overview of the May 1 active protest of 2,500 - 3,000 people in
the downtown area. He explained that the Police Department provided public education up front with
the organizers, and stated it is unreasonable to expect the police to manage social distancing for
everyone in a group of that size. Chief Handy also explained that there is a fine line for what can and
cannot be enforced in order to minimize the chance of greater civil unrest. Chief Handy commended
the City team of police officers, Public Works staff, mutual aid staff and the mounted unit for an
outstanding job under difficult circumstances. Chief Handy described how adjusting staff deployments
revealed issues with open businesses on Main Street, and how they were addressed directly with the
business owners.
Chief Handy stated that the City closed the beach under a municipal code which resulted in an arrest
and several citations for the uncooperative visitors on the beach. Saturday and Sunday saw hundreds
on the beach at pre-dawn, but they were cleared out by about 10:00 AM each day. The expanse of the
beach path also creates challenging enforcement issues, and police officers have to constantly
evaluate each situation and decide where to draw the line but will continue to enforce Council
decisions.
Mayor Pro Tem Hardy expressed her frustration with being criticized for actions related to beach
open/closed issues when Huntington City Beach exists between two state beaches which were open.
She further clarified that the City never worked against the state on this issue, and discussed with City
Manager Chi the ongoing efforts to work together with state officials to develop a plan for moving
forward.
Mayor Pro Tem Hardy and City Manager Chi discussed there were protests at multiple California cities
as well as across the nation, which the state was also aware of. City Manager Chi confirmed that the
protesters were not operating under a permit, and unfortunately other groups that City staff had not met
with tagged onto the event. Mayor Pro Tem Hardy thanked everyone who was involved in safely
managing the May Day event.
Councilmember Posey discussed the relative low number of people at the protest versus the number of
people that could potentially occupy the extensive beach area (approximately 7.3 Million square feet
from Warner to Brookhurst), and still keep proper social distancing standards.
Mayor Pro Tem Hardy inquired, and City Attorney Gates replied that the lawsuit against Governor
Newsom challenging his authority to close City beaches will not cost the taxpayers any additional
money.
Mayor Semeta expressed her appreciation to all staff and ancillary agencies who stepped up to support
the City's efforts to maintain control.
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Councilmember Carr and Attorney Gates discussed further his comment stating that the lawsuit against
the state is not costing local taxpayers, and he explained that the other agencies which are part of the
lawsuit are funding the effort. Attorney Gates clarified there has been no staff time required on this
effort, outside of his review and appearance time, nor is there any cost to Huntington Beach for the
outside legal service and expertise related to this lawsuit.
Councilmember Posey, to support his view that there is always a cost, explained his views on business
costs associated with staff time spent on projects or production.
CONSENT CALENDAR
8. 20-1579 Approved and Adopted Minutes
A motion was made by Posey, second Delgleize to 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, 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.
The motion carried by the following vote:
AYES: Posey, Delgleize, Hardy, Semeta, Peterson, Carr, and Brenden
NOES: None
9. 20-1574 Received and Filed the City Treasurer’s March 2020 Quarterly Investment
Summary Report
A motion was made by Posey, second Delgleize to 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.
The motion carried by the following vote:
AYES: Posey, Delgleize, Hardy, Semeta, Peterson, Carr, and Brenden
NOES: None
10. 20-1537 Approved 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
A motion was made by Posey, second Delgleize to approve the WOCWB proposed budget for Fiscal
Year 2020/21, with the City of Huntington Beach amount of $1,048,936.
The motion carried by the following vote:
AYES: Posey, Delgleize, Hardy, Semeta, Peterson, Carr, and Brenden
NOES: None
11. 20-1576 Adopted Resolution No. 2020-23 authorizing certain City Officials to execute Grant
Applications and Documents
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A motion was made by Posey, second Delgleize to 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."
The motion carried by the following vote:
AYES: Posey, Delgleize, Hardy, Semeta, Peterson, Carr, and Brenden
NOES: None
12. 20-1593 Adopted Resolution No. 2020-07 to establish a Payment Deferral Program for
Tourism Business Improvement District (TBID) assessments collected by the City
in Response to COVID-19
A motion was made by Posey, second Delgleize to 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.
The motion carried by the following vote:
AYES: Posey, Delgleize, Hardy, Semeta, Peterson, Carr, and Brenden
NOES: None
PUBLIC HEARING
13. 20-1594 Adopted 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)
Travis Hopkins, Assistant City Manager, presented a PowerPoint communication entitled Public
Hearing: Permanent Local Housing Allocation, that included the following titled slides: PLHA Funds
(2), Proposed PLHA 5-Year Plan (2), PLHA Application, and City Council Options. (02:12:27)
Councilmember Peterson and Assistant City Manager Hopkins discussed annual costs to run the
shelter are still being finalized, but expected to be approximately $1.5M. City Manager Chi added that it
is expected there will be additional funding available through the Community Development Block Grant
(CDBG), and explained that staff is preparing to come back in about a month with the service
agreement for the operator, CDBG funding allocation plan, and possible CARES funding. City Manager
Chi confirmed that no General Fund monies will be required for this project.
Councilmember Delgleize and City Manager Chi discussed the County's contributions of physical
improvements at the site, and the City's costs will relate mostly to the service contract, plus minor site
changes that may be needed to meet new use requirements.
Councilmember Peterson and City Manager Chi discussed a timeline of approximately ten (10) weeks
for the County to complete the physical improvements to the site, and confirmed that the County has
agreed to complete the project regardless of whether or not their planned purpose is actually needed.
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Councilmember Posey and City Manager Chi discussed the fact that housing element certification was
necessary in order to apply for SB2 (PLHA) funds, and without the SB2 funds General Fund monies
would have been required to proceed with planning for a homeless shelter.
Mayor Semeta opened the Public Hearing for this Item.
City Clerk Robin Estanislau announced that no public comments were submitted for this item, and
detail on the Supplemental Communication received was announced earlier in the meeting.
Mayor Semeta closed the Public Hearing.
A motion was made by Hardy, second Delgleize to 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)."
The motion carried by the following vote:
AYES: Posey, Delgleize, Hardy, Semeta, Peterson, Carr, and Brenden
NOES: None
ADMINISTRATIVE ITEMS
14. 20-1592 Approved recommendations for establishing the Huntington Beach Economic
Recovery Task Force
City Manager Chi introduced this item by explaining the Task Force would include two (2) members of
the City Council (the Mayor and Immediate Past Mayor), plus nine (9) individuals selected to serve,
representing nine critical industries that have been identified within Huntington Beach.
Mayor Semeta thanked everyone for their support of this item, which is intended to provide structure for
efforts to support COVID-19 related business recovery throughout Huntington Beach.
Councilmember Posey announced that since the restaurant industry is specifically included in this item
he withdrew Councilmember Item No. 16 (20-1604) regarding an Outdoor Dining Program for COVID-
19 restaurant relief.
Councilmember Posey and Mayor Semeta discussed what success will look like for this Task Force,
and what makes it different from the existing Economic Development Committee (EDC).
Councilmember Posey suggested that the Task Force return to Council after their first meeting to share
their business plan which he expects would include measurable metrics.
Councilmember Delgleize and Mayor Semeta discussed that Task Force members will be selected by
the two Council Liaisons, must live in or operate a business in Huntington Beach, and cannot be
currently serving on any other City commission or committee. The objective is to move forward as
quickly as possible.
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Councilmember Carr suggested that since this action is in response to a health crisis there should be
health industry and childcare representatives on this Task Force, and recommends meeting more often
than once a month as time is of the essence.
Councilmember Peterson explained that many of the Task Force candidates operate large and small
business and he believes they are aware of the need for health and child care considerations.
Councilmember Peterson also stated this Task Force will consist of successful business people who
are able to adapt technology and processes to the current situation and the City will benefit from their
expertise.
Councilmember Brenden stated support for the objective, expressed concerns about the agility and
nimbleness of a task force which he suspects may take too much time just to develop a plan. He
therefore recommended that identified goals and objectives be in place prior to determining members.
He is also recommended that there be diversity as to the size and geographic location of business
representatives. He expects a scope and criteria for success to be presented in two weeks, and is
interested in getting businesses operating as quickly and as safely as possible.
Mayor Semeta expressed the importance of a plan to assist Huntington Beach businesses and
confirmed with City Manager Chi that staff will be incorporated into an increased number of meetings at
first to get a plan off the ground and strategic objectives identified early in the process.
Councilmember Peterson suggested that a County health expert be consulted regarding health related
concerns, in response to Councilmember Carr’s comments.
A motion was made by Semeta, second Peterson to 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, appoint two members of the City Council to act as liaisons to the Task Force, including the
Mayor and immediate past Mayor.
The motion carried by the following vote:
AYES: Posey, Delgleize, Hardy, Semeta, Peterson, Carr, and Brenden
NOES: None
15. 20-1603 Adopted Resolution No. 2020-30 supporting the Orange County Board of
Supervisors’ efforts to address Commercial Re-Openings in response to
COVID-19
City Manager Chi introduced this item to seek Council support for the County's efforts in addressing
commercial re-openings.
Mayor Semeta stated her understanding that the County's effort is not expected to be too specific to
allow each community to decide the efforts that are best for their situation.
A motion was made by Semeta, second Peterson to 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."
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The motion carried by the following vote:
AYES: Posey, Delgleize, Hardy, Semeta, Peterson, Carr, and Brenden
NOES: None
COUNCILMEMBER ITEMS
16. 20-1604 Item Submitted by Councilmember Posey Withdrawn - Direct staff to research
expanded Outdoor Dining Program for COVID-19 restaurant relief
COUNCILMEMBER COMMENTS (Not Agendized)
Councilmember Carr reminded everyone that May is Mental Health Month, that HBReady.com has a
whole section on mental health, and encouraged people to become aware of available resources.
Councilmember Delgleize announced that Orange County Health Agency also has extensive resources
to support mental health. She also expressed her deep gratitude for the efforts of many City staff
focused on keeping the community safe, and encouraged residents to reach out if they have needs not
addressed through HBReady.com.
Councilmember Posey reported participating in the 450-dinner give-a-way at Buon Gusto Italian
Restaurant which was sponsored by the Huntington Beach Police Officers' Association and Laird
Coatings, and described this as one of several events local organizations are using to help the
community in meaningful ways.
Councilmember Brenden thanked Police Chief Handy and his staff for their expert handling of recent
situations and keeping everyone safe. He also acknowledged the efforts of the Fire Department staff,
first responders, nurses, doctors and hospital staff for all helping to keep everyone safe. He
acknowledged the tremendous generosity of Francesco at ZeroZero39 Pizzeria for the hundreds of
pizzas they have donated to the community, as well as Hek and Johnny's donations, and the efforts of
Calvary Chapel of the Harbor for their food drives on Friday, Saturday and Sunday through the end of
May where people can donate non-perishable food items, paper goods, cleaning or sanitizing supplies
and gift cards.
Councilmember Brenden also acknowledged Dr. Ralph Bauer, a former Huntington Beach Mayor and
Council Member, for recently being selected to receive the 2020 UCLA Chemistry and Biochemistry
Alumni Legacy Award to acknowledge his amazing accomplishments in the field of chemistry. Expect
to hear more about Dr. Bauer's legacy in the future.
Mayor Semeta stated that Marine Safety staff are also greatly appreciated for the ways they have
stepped up to the unique situations that have recently developed.
Mayor Pro Tem Hardy announced that this past week Edison High School lost one of its retired staff
members, founding vocal music teacher Richard Otey, and briefly described the tremendous impact he
had throughout his twenty-seven years of service. A memorial service will be planned and announced
when it is possible for people to travel and gather at the Pier to celebrate his life.
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ADJOURNMENT — 9:08 PM in memory of Richard Otey to the next regularly scheduled meeting of the
Huntington Beach City Council/Public Financing Authority on 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
__________________________________________
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
33
City of Huntington Beach
File #:20-1588 MEETING DATE:6/1/2020
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Oliver Chi, City Manager
PREPARED BY:Tom Herbel, Acting Director of Public Works
Subject:
Accept the lowest responsive and responsible bid and authorize execution of a construction
contract with Green Giant Landscape, Inc., in the amount of $169,000 for the Central Park
Restrooms Phase 2, CC-1601
Statement of Issue:
On May 12, 2020, bids were publicly opened for the Central Park Restrooms, Phase 2 project, which
will replace the restroom near Kathy Mays’ Lakeview Cafe in Central Park. City Council action is
requested to award the construction contract to Green Giant Landscape, Inc., the lowest responsive
and responsible bidder.
Financial Impact:
Total construction cost for the project, including contingency, materials, and supplemental expenses
is $428,100, which is available in the current fiscal year budget in the Quimby Fund account
22645010.82900.
Recommended Action:
A) Accept the lowest responsive and responsible bid submitted by Green Giant Landscape, Inc. in
the amount of $169,000; and,
B) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the
City Attorney.
Alternative Action(s):
Reject all bids, or provide staff with an alternative action.
Analysis:
In an effort to modernize existing restrooms in Central Park, the Community Services Department
has elected to install new Romtec modular restrooms. This project will replace one existing restroom
near Kathy May’s in Central Park with a new Romtec modular restroom matching those recently
installed during Phase 1 near the Dog Park, the Slater Parking Lot, and the Park Bench Café.
City of Huntington Beach Printed on 5/28/2020Page 1 of 2
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File #:20-1588 MEETING DATE:6/1/2020
installed during Phase 1 near the Dog Park, the Slater Parking Lot, and the Park Bench Café.
Identical to the others, this restroom will have six stalls and be installed at the same location as the
existing restroom.
Bids were publicly opened on May 12, 2020, with the following results:
BIDDER'S NAME BID AMOUNT
Green Giant Landscape, Inc.$169,000
Harbor Coating & Restoration $172,730
GEM Construction, Inc.$178,827.93
Leonida Builders, Inc.$186,942
BNC Construction, Inc.$196,400
CEM Construction Corp.$204,875
A reference check confirmed that Green Giant Landscape, Inc., has provided acceptable construction
services on past projects for various public agencies. Therefore, staff is recommending an award of
contract to Green Giant Landscape, Inc., in the amount of $169,000.
The total project cost is estimated to be $428,100, which includes the construction contract, $16,900
for contingency, $190,000 for the purchase of the modular components from Romtec, and $52,200
for construction inspection and materials testing.
Environmental Status:
The project is categorically exempt pursuant to Class 1, section 15031c of the California
Environmental Quality Act.
Strategic Plan Goal:
Enhance and maintain infrastructure
Attachment(s):
1. Vicinity Map
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City of Huntington Beach
File #:20-1648 MEETING DATE:6/1/2020
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Oliver Chi, City Manager
PREPARED BY:Tom Herbel, Acting Director of Public Works
Subject:
Accept the lowest responsive and responsible bid and authorize execution of a construction
contract with Mehta Mechanical Co. Inc., dba MMC Inc., in the amount of $3,684,400 for the
Saybrook Lift Station Replacement Project, CC-1585; and authorize appropriation of funds
Statement of Issue:
On May 14, 2020, bids were publicly opened for the Saybrook Lift Station Replacement Project,
CC1585. City Council action is requested to award the construction contract to Mehta Mechanical
Co. Inc., dba MMC Inc., the lowest responsive and responsible bidder.
Financial Impact:
Total funds for the project, including contingency and supplemental expenses, are estimated at
$4,570,000. Funds for the project are available in Sewer Development Fee Fund account
21089016.82600 ($2,228,800) and in Sewer Service Fund account 51189012.82600 ($2,150,400).
Staff requests a $190,800 appropriation from the Sewer Service Fund (511).
Recommended Action:
A) Appropriate $190,800 from the Sewer Service Fund (511) to Account 51189012.82600; and,
B) Accept the lowest responsive and responsible bid submitted by Mehta Mechanical Co. Inc., dba
MMC Inc., in the amount of $3,684,400; and,
C) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the
City Attorney.
Alternative Action(s):
Reject all bids, or provide staff with an alternative action.
Analysis:
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The existing Saybrook Sewer Lift Station, located at the northeast corner of Saybrook Lane and Heil
Avenue, was constructed in 1967 and is in need of replacement due to its age and insufficient wet
well capacity. Insufficient wet well capacity is problematic because the station lacks holding time,
which limits maintenance staff’s ability to respond to any issues. Additionally, the undersized wet well
causes the pumps to cycle excessively, which reduces pump life as well as the station’s reliability.
Bids were publicly opened on May 14, 2020. The verified bid amounts are listed below:
Bidding Contractor Bid as Submitted Verified Bid
Mehta Mechanical Co. Inc., dba
MMC, Inc.
$3,654,400.00 $3,684,400.00
Caliba, Inc.$4,385,275.40 $4,385,275.40
Vido Artukovich and Son Inc. /
VIDMAR Inc. A JV
$4,417,475.00 $4,417,475.00
GRFCO, Inc.$4,688,981.00 $4,438,981.00
Pacific Hydrotech Inc.$4,728,288.00 $4,728,288.00
Lonerock, Inc.$5,144,475.00 $5,194,475.00
Staff has checked references for Mehta Mechanical Co. Inc., dba MMC Inc., and recommends award
of a construction contract in the amount of $3,684,400.
The total estimated construction cost is $4,570,000, which includes the construction contract, a ten
percent (10%) contingency, and supplemental expenses such as contracted construction
management and inspection, and materials testing.
Environmental Status:
The project is categorically exempt pursuant to Class 1, section 15034 of the California
Environmental Quality Act.
Strategic Plan Goal:
Enhance and maintain infrastructure
Attachment(s):
1. Vicinity Map
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City of Huntington Beach
File #:20-1649 MEETING DATE:6/1/2020
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Oliver Chi, City Manager
PREPARED BY:Tom Herbel PE, Acting Director of Public Works
Subject:
Approve the Infrastructure Fund Annual Report for Fiscal Year 2018-19
Statement of Issue:
The City Charter requires an annual review and performance audit of the Infrastructure Fund, and a
report of the findings to the City Council prior to adoption of the following fiscal year (FY) budget.
This review covers FY 2018-19.
Financial Impact:
Not applicable.
Recommended Action:
Approve the Infrastructure Fund Annual Report for Fiscal Year 2018-19.
Alternative Action(s):
Instruct staff to make revisions and resubmit at a later date.
Analysis:
The Infrastructure Fund was established in 2002 by City Charter Section 617(c), which states, “the
City Council shall by ordinance establish a Citizens Infrastructure Advisory Board (CIAB) to conduct
an annual review and performance audit of the Infrastructure Fund and report its findings to the City
Council prior to adoption of the following fiscal year budget.”
Per the City Charter, the Infrastructure Fund is designated for the sole purpose of infrastructure
expenditures. Infrastructure is defined in the Charter as “long-lived capital assets that normally are
stationary in nature and normally can be preserved for significantly greater number of years. They
include storm drains, storm water pump stations, alleys, streets, highways, curbs and gutters,
sidewalks, bridges, street trees, landscaped medians, parks, beach facilities, playgrounds, traffic
signals, streetlights, block walls along arterial highways, and all public buildings and public ways.”
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Infrastructure expenditures are defined as “direct costs related to infrastructure improvements or
maintenance, including construction, design, engineering, project management, inspection, contract
administration and property acquisition.”
The single substantial revenue source to the fund is General Fund excess fund balance per the
Financial Policy adopted in FY 2006-07 and revised in FY 2009-10. The policy states that the
General Fund unassigned fund balance will be allocated 50% to the Economic Uncertainties
Reserve, 25% to the Infrastructure Fund, and 25% to the Capital Improvement Reserve.
Beginning in FY 2017-18, Capital Improvement Program (CIP) projects previously budgeted in the
General Fund were instead budgeted in the Infrastructure Fund, with an accompanying General Fund
transfer. Transfers in FY 2018-19 totaled $5,258,000 to fund infrastructure improvements. Interest
and market adjustments totaled $294,970. Other revenue included a maintenance agreement
reimbursement and sales of plans and specifications totaling $10,186. Total revenue was
$5,563,156. Expenditures for the year totaled $4,596,896. The fund balance at fiscal year’s end
(June 30, 2019) was $10,112,859.
Citizens Infrastructure Advisory Board Action:
The Infrastructure Fund Annual Report was approved at the May 14, 2020, meeting of the Citizens
Infrastructure Advisory Board by a vote of 6-0 (one seat on the Board is currently vacant).
Environmental Status:
Not applicable.
Strategic Plan Goal:
Enhance and maintain infrastructure
Attachment(s):
1. Infrastructure Fund Annual Report FY 2018-19
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INFRASTRUCTURE FUND
ANNUAL REPORT
Fiscal Year 2018‐19
City of Huntington Beach
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CITY OF HUNTINGTON BEACH
CITIZEN’S INFRASTRUCTURE ADVISORY BOARD
1
SUBMITTED TO: Citizen’s Infrastructure Advisory Board
SUBMITTED BY: Tom Herbel , PE, Director of Public Works
DATE: March 19, 2020
SUBJECT: Approve Infrastructure Fund Annual Report
Statement of Issue: The City Charter requires an annual review and performance
audit of the Infrastructure Fund, and a report of the findings to the City Council.
This provides information audited information on Fiscal Year 2018/19.
Funding Source: Infrastructure Fund No. 314
Recommended Action: Motion to recommend to City Council approval of the
Infrastructure Fund Annual Report.
Alternative Action(s): Direct staff to modify the Annual Report.
Analysis: The Infrastructure Fund was established in 2002, by City Charter Section
617. Per Section 617 (a), the originally intended revenue source for the
Infrastructure Fund was a planned utility use tax on natural gas purchased to
generate electricity. However, this ballot measure failed. So, while the Charter
amendment created the fund, it was left with no source of revenue.
Other Charter requirements related to the fund are:
• Revenue placed in the Infrastructure Fund shall not supplant existing
infrastructure funding.
• General Fund expenditures for infrastructure improvements and
maintenance, subsequent to 2001, shall not be reduced below 15% of
general fund revenues based on a five-year rolling average.
• The City Council shall, by ordinance, establish a Citizens Infrastructure
Advisory Board to conduct an annual review and performance audit of the
Infrastructure Fund and report its findings to the City Council prior to
adoption of the following fiscal-year budget.
The single substantial revenue source to the fund is General Fund excess fund
balance per the Financial Policy adopted in Fiscal Year 2006/07. The Policy was
revised beginning in Fiscal Year 2009/10 to allow for an Economic Uncertainties
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Reserve commitment. Excerpts addressing the Infrastructure Fund for the previous
and current policies are shown in Attachment 1 along with Municipal Charter
Section 617.
Revenue - FY 2018/19:
1. There was a General Fund transfer of $5,258,000 for capital improvements and
equipment replacement in FY 2018/19.
2. The fund was reimbursed $10,116 for traffic signal maintenance at Beachmont
Plaza per a development agreement. In addition, $70 in plans and specs sales
was recorded for a total miscellaneous revenue of $10,186
3. Interest and market adjustments are paid in proportion to the citywide
investments and fund balance. For 2017/18 a large market adjustment was
made, which resulted in a negative effect on total revenue of –$28,296. This is
essentially a bookkeeping adjustment and the effect was reversed in FY
2018/19 and a total interest and market adjustment of $294,970 was credited
to the fund.
Total Revenue for FY 2018/19 was $5,563,156.
Revenue Item Actual
Reimbursements $10,186
Interest and Market Adjustments $294,970
General Fund Transfer $5,258,000
Total Revenue $5,563,156
Expenditures – 18/19:
Budgeted expenditures and expenditure adjustments for FY 2018/19 consisted of
carry forward projects and carry over encumbrances from 2017/18 and new
funds. Where applicable, project sheets from the FY 18/19 Capital Improvement
Program (CIP) are included as Attachment 2. Total expenditures for the year were
$4,596,896. Below is a detail of expenditures by business unit.
Project Spent
31440001 - Infrastructure Projects $1,698,535
31440002 - Infrastructure Central Park $502,743
31445002 - Worthy Park Phase 1 $6,667
31445003 - Main Prom P.S. Improvements $117,275
31485201 - Infrastructure Engineer Design $189,280
31487004 - Police Facility Improvements $349,238
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31488001 - Heil Pump Station $18,307
31490004 - Atlanta Avenue Widening $216,674
31490005 - Arterial Rehabilitation 18-19 $1,498,177
Total $4,596,896
Fund Balance
Fund Balance 7/1/18 $9,146,599
Revenue FY 18/19 $5,563,156
Expenditures FY 18/19 ($4,596,896)
Fund Balance 7/1/19 $10,112,859
Budgeted Revenue FY 19/20 $4,514,651
Budgeted Expenditures FY 19/20 ($10,112,326)
Projected Fund Balance 7/1/20 $4,515,184
Attachments:
1. Excerpts from Financial Policies adopted FY 2006/07 and 2009/10
2. Project Sheets
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Attachment 1
Financial Policies
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City of Huntington Beach
File #:20-1666 MEETING DATE:6/1/2020
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Oliver Chi, City Manager
PREPARED BY:Marie Knight, Director of Organizational Learning and Development
Subject:
Approve the Memorandum of Understanding between the City of Huntington Beach,
Huntington Beach Chamber of Commerce, Community for Innovation, Entrepreneurship,
Leadership and Opportunities (CIELO), and the CSUF Small Business Development Center
(SBDC) for One HB Business Support Program (OneHB Program)
Statement of Issue:
During the COVID-19 pandemic, our business community has been hard hit and like many
jurisdictions, we are experiencing record levels of economic distress. The purpose of this
Memorandum of Understanding (MOU) is to establish a partnership between the City of Huntington
Beach; Huntington Beach Chamber of Commerce; Community for Innovation, Entrepreneurship,
Leadership and Opportunities (CIELO); and the Small Business Development Center (SBDC) in the
creation of a micro-grant business support program called,Together, We’re OneHB Supporting
Local Business.
Financial Impact:
There is no financial impact.
Recommended Action:
Approve and authorize the City Manager or his designated representative to execute the
Memorandum of Understanding (MOU) to establish a partnership between the City of Huntington
Beach, Huntington Beach Chamber of Commerce, Community for Innovation, Entrepreneurship,
Leadership and Opportunities (CIELO), and the CSUF Small Business Development Center (SBDC).
Alternative Action(s):
Do not approve the Memorandum of Understanding, and direct staff to proceed in another direction.
Analysis:
Prior to the start of the COVID-19 pandemic, City staff had been working on a unifying message for
the organization centered on the concept that we are One HB working together to serve the
community exceptionally. When the pandemic hit, we knew that this message could also be one that
unifies our community as we come together to help and support each other, especially those in
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unifies our community as we come together to help and support each other, especially those in
greatest need.
Our businesses in Huntington Beach play a critical role in the viability of our community and the City’s
ability to offer services. Sales tax revenue makes up a large portion of our general fund budget. It is
vital that our business community is able to not only survive the pandemic, but to come back even
stronger. It is safe to say the majority of our businesses in HB are in the small “mom and pop”
category, sole proprietors, 10 employees or less, and many are unable to successfully navigate the
different resources offered at the federal, state, and local levels. Our small businesses need our
help, now more than ever, if they are going to be able to continue to operate, or open for business in
the future.
Of note, based on a preliminary review of business license information, the City has over 21,000
active business licenses, and around 95% of those businesses report having 10 employees or less.
Knowing this, City staff reached out to various business partners and community members to see if
there could be a program established that can support our small business community in a way that
has not been done before through a program that for the first time would bridge philanthropy and
community giving in support of the economic engine of the City.Together We’re OneHB
Supporting Local Business is a community campaign to do just that - offer financial support
through a micro-grant that will help keep the doors open and keep our economy in HB Open for
Business. In particular, we wanted to design the program in a way to reach those business entities
who missed out on the major SBA and Federal support / loan programs that have been developed.
Scope of the Program
Through the establishment of the Together We’re OneHB Supporting Local Business program, a fund
will be created (FUND) in support of our local small businesses. The FUND will be managed by
CIELO, a Huntington Beach based 501(c)3 non-profit organization. CIELO will establish a separate
OneHB bank account for tracking purposes. All donations to the FUND will be tax deductible. Small
businesses that meet the established eligibility criteria would be able to apply for micro-grants in the
amount of $5,000 each to be used for payroll, rent/lease payments, utilities, inventory, and other
approved operational expenses.
We know there will likely be more need than funding available, so each time the fund reaches
increments of $25,000, five (5) micro grants of $5,000 each will be awarded through a lottery system.
The micro grant application process, screening and review, lottery, disbursement, grantee support ,
and tracking of outcomes will be managed by SBDC under pre-determined guidelines.
The attached MOU outlines the roles and responsibilities of each of the program partners as well as
establishes a Grant Committee that consists of one representative from each of the partner agencies
who will meet on a quarterly basis to review the program metrics, and ascertain if any adjustments
are needed to the program moving forward to ensure its success. Each of the partners have agreed
to market, promote, and actively fundraise for the program.
Grant Eligibility Guidelines
The working committee of City staff and members of the partner agencies looked at the needs of our
small businesses, and where a grant investment would be successful, and has established criteria for
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grant eligibility that includes:
·The business has been open and in continuous operation for a period of three or more
years,
·Employs no more than ten (10) fulltime time equivalent W-2 employees,
·Is located in Huntington Beach with a current and valid business license in the City of
Huntington Beach,
·Has been negatively affected by Coronavirus (COVID-19) and will attest by statement
to this in application,
·Does not promote, sell, or advertise any products, ideas, or services that fail to comply
with all applicable laws, acts, regulations, rules and ordinances,
Awarded grant funds can be used for a variety of operational costs, such as payroll expenses,
inventory, rent/lease payment, business related insurance, utilities, as well as other operational
expenses, if pre-approved in writing by the Grant Committee. A full list of the eligibility requirements
for grant applicants as well as the full program structure is attached.
Community and Philanthropic Support
There are a variety of ways our community can support our small businesses through the program:
1. Philanthropic Support
Partners will be seeking philanthropic donations to the FUND in order to be able to award the
first ten (10) micro grants prior to June 30, 2020. Donations to the FUND will be completely
tax deductible and made directly to CIELO. Donors at a $5,000 level or higher will receive
marketing exposure on the City’s social media sites as well through the other partner
agencies.
2. Community Based Support
Members of the community who want to show their support for our local small business
community can make a donation to the FUND. For every $30 donation, they will receive a
yard sign that will have the OneHB logo stating, “We are OneHB, Supporting local business.”
Community members can proudly display their support of our small businesses in their front
yard. The donation/pick-up point for the yard signs will be Huntington Surf and Sport on Main
Street.
3. Sale of Merchandise
The City is entering into a license agreement with a local vendor who will be selling T-shirts,
hats, and other apparel with the OneHB logo. A pre-determined percentage of gross sales of
retail items as well as a per-item flat fee for wholesale items will be disbursed monthly to the
FUND until such time that the campaign ends.
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Environmental Status:
Not applicable.
Strategic Plan Goal:
Strengthen long-term financial and economic sustainability
Attachment(s):
1. Memorandum of Understanding
2. Business Support Program Outline
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Together We’re OneHB Supporting Local Business!
Our businesses in Huntington Beach play a critical role in the viability of our community and the City’s
ability to offer services. The Coronavirus pandemic has had a devastating impact on many of our
businesses, and It is vital that they are not only able to survive the Coronavirus, but to come back
stronger. The majority of our businesses in HB are in the small “mom and pop” category; sole
proprietors, 10 employees or less, and many unable to successfully navigate the different resources
offered at the federal, state and local levels. Our small businesses need our help, now more than ever, if
they are going to be able to continue to operate, or open for business in the future.
Together We’re OneHB Supporting Local Business is a community campaign to do just that, offer
financial support, a life line, a micro grant that will help keep the doors open and keep our economy in
Huntington Beach Open for Business.
The participants in this program are:
• The City of Huntington Beach
• The Huntington Beach Chamber of Commerce https://hbchamber.org/
• CIELO (Community for Innovation, Entrepreneurship, Leadership and Opportunities
https://cielocommunity.org
• SBDC (Small Business Development Center https://ociesmallbusiness.org )
Program Elements
1. Establish a micro-grant program for local small businesses negatively affected by Covid-19
Through the establishment of the Together We’re OneHB Supporting Local Business Fund (FUND) the
goal is to bridge philanthropy and community giving in support of our local small businesses. The FUND
will be managed by CIELO, a Huntington Beach based 501(c)3 non-profit organization. CIELO will
establish a separate OneHB bank account for tracking purposes. Small businesses that meet the
attached eligibility criteria would be able to apply for micro-grants in the amount of $5,000 each to be
used for payroll, rent/lease payments, utilities, inventory and other approved operational expenses. We
know there will likely be more need than funding available, so each time the fund reaches increments of
$25,000 –five (5) micro grants of $5,000 each will be awarded through a lottery system. The micro grant
application process, screening and review, and lottery process will be managed by SBDC under pre-
determined guidelines. Grantees will be required to provide basic pre and post grant data for tracking
purposes, as well as participate in one-on-one support sessions offered by the SBDC in order to help
them successfully navigate operating in a post Covid closure economy.
2. Philanthropic Support
Program Participants will be seeking philanthropic donations to the FUND in order to be able to award
the first ten (10) micro grants prior to June 30, 2020. Donations to the FUND will be completely tax
deductible and made directly to CIELO through their website https://cielocommunity.org/onehb/
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3. Community Based Support
Members of the community who want to show their support for our local small business community can
make a donation to the FUND. For every $30 donation they will receive a yard sign that will have the
OneHB logo stating “We are OneHB, Supporting local business”. Community members can proudly
display their support of our small businesses in their front yard. The point of donation for the yard signs
will be Huntington Surf and Sport (HSS). HSS will provide a disbursement to the fund on a monthly basis
of all donations received minus the costs for the signs.
4. Sale of Merchandise
The City will be entering into a license agreement with a local vendor who will be selling T-shirts, hats
and other apparel with the 1HB logo. A predetermined percentage of gross sales of retail items as well
as a per item flat fee for wholesale items will be disbursed monthly to the FUND until such time that this
campaign ends.
Marketing/Public Information
The City will host a web page OneHB.org with all of the program elements and links to the appropriate
program participants such as CIELO to make a donation, or SBDC to apply for a grant.
All of the program Participants will work together on the marketing of the program, community
outreach, contacting and informing the local business community of grant opportunities, and donor
solicitation.
Program Marketing will include:
• E-flyers
• Social media platform promotion
• Facebook campaign
• City and participant website promotion
• Press releases
• Local “influencer” videos
Micro Grants Eligibility Criteria
The Grant Program is intended to help support certain small businesses in Huntington Beach who need
assistance due to adverse economic effects of Coronavirus (COVID-19).
Grants will be made from a fund solely based on community donations. Grants will be distributed for
allowable uses in the amounts of $5,000 each. Grant applications will be accepted starting (TBD)
Once the Community Donation fund reaches $25,000, grants will be issued via a lottery system in
increments of five (5) $5,000 grants at a time each time an additional $25,000 is raised.
To be eligible for the Grant Program, Applicants must be able to meet the following eligibility
requirements:
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• Has been open and in continuous operation for a period of three or more years
• Employs no fewer than two (2) and no more than ten (10) full time equivalent W-2 employees;
• Is located in Huntington Beach
• Currently has a valid business license in the City of Huntington Beach
• Has been negatively affected by Coronavirus (COVID-19) and will attest by statement to this in
application
• Has not received more than $1,000 in non-governmental grants related to Coronavirus (COVID-
19)
• Is not under bankruptcy protection or subject to judicial liens or attachments
• Does not promote, sell, or advertise any products, ideas, or services that fail to comply with all
applicable laws, acts, regulations, rules and ordinances
• Is not under current governmental investigation nor currently a party to a civil or criminal
matter, nor has any outstanding violations, citations or other issue that would put them in a
situation other than in good standing with the City
• Is not a franchise, franchisee, or chain business
• Is not owned (in whole or in part) or related to any individuals who are currently employee of
the City of Huntington Beach or who are currently an elected or appointed official representing
the City of Huntington Beach
• Grantees will also be required to provide information related to their pre and post Covid-19
status including demographics, type of industry, veteran status, address, start of business,
change in sales, revenue actuals and projections, jobs created and jobs retained, and to self-
certify how the grant funds were spent. In addition, Grantees will be required to participate in
free on-on-one business support sessions offered by the SBDC so they can be provided with
additional mentoring and support during their reopening/recovery phase.
Allowed use of funds: Payroll expenses, inventory, rent/lease payment, business related insurance, and
utilities. Other operational expenses could be considered if pre-approved in writing by the City Grant
Committee.
Non-allowable use of funds: Applicant will not use funds provided under the Grant Program for the
purpose of furthering any business activity relating to the production, development, promotion sale or
distribution of: (i) tobacco, vaping and related products; (ii) recreational drugs, or unsafe supplements;
(iii) weapons, ammunition, or explosives; (iv) adult products or services; (v) penny auctions; (vi)
multilevel marketing models; (vii) third-party infringement payday loans; (viii) paycheck advances; (ix)
bail bonds; (x) discriminatory advertising; (xi) religious advertising; (xii) social issues, elections or politics;
(xiii) State lotteries; (xiv) cosmetic surgery or similar procedures; (xv) weight loss products and plans;
(xvi) real money gambling; (xvii) alcohol, (xviii) City reserves the right to add additional non-allowable
uses if deemed necessary during the grant process
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City of Huntington Beach
File #:20-1449 MEETING DATE:6/1/2020
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Oliver Chi, City Manager
PREPARED BY:Robert Handy, Chief of Police
Subject:
Approve and authorize execution of contract agreement with The City of Westminster for use
of the Westminster Firearm Training Facility
Statement of Issue:
Approval of a two-year contract agreement with the City of Westminster to continue access and use
of their Firearms Training Facility located at 7351 W. Hazard in Westminster, CA. The current hourly
rate is $600.00 for full day use, and $300.00 for half-day use.
Financial Impact:
The proposed contract for FY 2020/2021 will lock the daily rental rate at $600.00 and half-day rental
rate at $300.00. There are currently $50,000 in funding allocated for the City of Westminster in the FY
20/21 budget, Business Unit 10070303, (Acct. #68560) for the use of this facility.
Recommended Action:
Approve and authorize the Mayor and City Clerk to execute a two-year “Indemnification and Hold
Harmless Agreement” with the City of Westminster to continue access and use of their Firearms
Training Facility beginning on July 1, 2020.
Alternative Action(s):
Do not approve and direct staff accordingly.
Analysis:
The Huntington Beach City Council approved the contract agreement with the City of Westminster to
access and conduct firearms training at their Firearms Training Facility, on July 1, 2018, and the term
of agreement will expire on June 30, 2020.
During the terms of the prior contract with the City of Westminster, the Huntington Beach Police
Department has had no adverse issues with the training center or the City of Westminster.
The City of Huntington Beach is required to conduct periodic firearms training and qualifications. In
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order to maintain a safe, cost-effective, and successful firearms training program, the police
department recommends the City continue the contract with the City of Westminster to continue
conducting firearms training and qualifications at this facility. The City of Westminster has requested
the term of the contract stay at 2-years. The contract requires a general liability insurance policy,
worker’s compensation coverage, and a hold harmless agreement.
The City of Westminster Training Facility offers the ability to schedule firearms training to include the
use of the firearms range, arrest and control room, classrooms and firearms cleaning room.
Huntington Beach police officers are often required to conduct firearms training on-duty. The close
proximity of this facility to Huntington Beach, allows for a timely return to the city in the case of an
emergency. The only other alternative for firearms training at this time is in Norco, CA.
Environmental Status:
Not applicable.
Strategic Plan Goal:
Enhance and modernize public safety service delivery
Attachment(s):
1. Indemnification and Hold Harmless Agreement with the City of Westminster
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Policy
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Westminster Police Department
Westminster Police Department Policy Manual
Copyright Lexipol, LLC 2020/03/12, All Rights Reserved.
Published with permission by Westminster Police Department
Westminster Police Range and Safety Training
Center - 105
Westminster Police Range and Safety Training
Center
312.1 PURPOSE AND SCOPE
In order to ensure that officers receive the highest level of training, the City of Westminster has
invested in a state of the art multi-use training center. The training center features a tactical
shooting range, class room, MAT room and simunition room. The use of the facility comes with
an extreme amount of responsibility with an emphasis on safety to ensure a safe and productive
training environment for everyone. This policy establishes the procedures and guidelines for the
use of firearms at the facility by members of the Westminster Police Department and other local,
state and federal law enforcement agencies.
312.2 SITE LOCATION
The facility is located at 7351 Hazard Avenue in the City of Westminster.
312.3 PERSONNEL ASSIGNMENTS AND RESPONSIBILITIES
312.3.1 FACILITY MANAGER
The Professional Standards Unit Commander is designated as the Facility Manager.
The responsibilities of the Facility Manager or the authorized designee include, but are not limited
to:
•Scheduling of the facility’s range, class room and training room.
•Coordinating maintenance.
•Biannual inspection to identify safety issues and schedule the replacement or repair
of equipment, including lead removal.
•Ensure the facility meets all OSHA health and safety requirements.
•Ensure that release forms, insurance requirements and use agreements are complete
and up to date for all users not employed by the Westminster Police Department.
•Inspection of all basic first aid/CPR equipment and trauma kits.
•Ensure the facility is stocked with the proper equipment.
312.3.2 RANGEMASTER
The Rangemaster reports to the Facility Manager. The responsibilities of the Rangermaster are
explained in the Rangemaster Duties section of the Firearms Policy.
312.3.3 RANGE STAFF
A member of the Westminster Police Department assigned to the Range Staff. Assignment to this
position is established in the Special and Collateral Assignments Policy. Range Staff members
report to the Rangemaster. A member of the Westminster Police Department Range Staff has
EXHIBIT B
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the authority to immediately stop and revoke range privileges of an outside agency if he/she feels
the training is unsafe and outside the scope of best practice. Range Staff members will assist in
tactical training, firearms training and will perform other tasks as assigned by the Rangemaster.
312.3.4 FIREARMS INSTRUCTOR
A Firearms Instructor shall be defined as a member of the Westminster Police Department or
an outside agency that has completed a POST certified firearms instructor course. A Firearms
Instructor shall be present for any training relative to the use or handling of any firearm.
A designated Firearms Instructor is in charge of range safety at all times when training is being
conducted on the shooting range and shall enforce range safety policies. Any outside agency
utilizing the range will provide a Firearms Instructor during any live fire activity.
In situations where instructors from multiple agencies are present, a Westminster Police
Department Firearms Instructor shall have the ultimate authority.
The responsibilities of the Firearms Instructor include, but are not limited to:
•The safety of all users in the facility.
•The safe and proper use of equipment in the ready room, armory and cleaning area.
•Understand and enforce safety procedures.
•Conduct range inspections and operational checks of all range equipment before a
training event.
•Conduct post-use inspections of the range and report any maintenance or safety
issues to the Facility Manager or the authorized designee.
•Ensure that all firearms and equipment are safe, functional and only the proper caliber
ammunition is in use.
•Conduct a thorough safety briefing with any participant. The briefing will include range
rules, the location of basic first aid and CPR equipment, and medical evacuation
procedures fof an injured person.
•Ensure all firearms are unloaded in designated areas.
•Ensure the firing line is clear of all debris.
•Ensure all participants have proper protective equipment on at all times prior to
entering the range (e.g., eye protection, ear protection, body armor).
•Ensure all participants clear, make safe, or holster all firearms prior to leaving the
range.
•Ensure there are a sufficient number of firearms instructors or range safety officers to
safely supervise the number of participants.
•Supervise range clean-up at the conclusion of training and ensure all casings are
placed in the proper containers.
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312.4 SCHEDULING
The Rangemaster or designee is the scheduling point of contact for all uses of the Training Center.
•Outside agencies wishing to schedule use of any part of the Training Center must have
a Hold Harmless agreement and all POST certified Firearms Instructor documentation
on file with the Westminster Police Department prior to use.
•It is the agency’s responsibility to use the range during their scheduled time periods.
Should there be a requirement to modify range times or need to cancel the range
reservations; the agency shall notify the Rangemaster or designee.
•The Westminster Police Department will have priority when scheduling their training
followed by the West County SWAT Team then outside agencies on an as-available
basis.
•All scheduling conflicts will be resolved by the Rangemaster or designee.
312.5 AUTHORIZED PERSONNEL
The following personnel are authorized to participate in firearms training at the facility:
•Any active and reserve police officers.
•Retired Westminster Police Department officers or retired officers from a department
with an active agreement for maintaining their conceal carry permit.
•Tactical medics assigned to SWAT.
•POST-certified firearms instructors assigned to teach a course at the facility (e.g., third
party vendor).
•Police academy recruits during authorized academy training.
•Other personnel or civilians not listed above as approved by the Westminster Police
Department Chief of Police or the authorized designee.
All agencies participating in firearms training are required to complete the Hold Harmless
Agreement.
312.6 FACILITY ORIENTATION
Any outside agency Firearms Instructor is required to participate in a facility orientation. The
orientation will be conducted by a Westminster Police Department Firearms Instructor prior to the
first use of the facility. The orientation will include:
•Facility tour to include ingress and egress procedures due to other uses of the facility.
•Safety personnel duties and responsibilities.
•Range capabilities (e.g., training props, storage, staging area, cleaning areas).
•Range inspection requirements.
•Range start-up and shut-down procedures.
•Range set-up and clean-up procedures.
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•Reporting procedures for damage to the facility or any equipment.
The Facility Manager will maintain a current list of outside agency Firearms Instructors that are
authorized.
312.7 INJURY OR DEATH OF PERSONNEL
In the event of a serious injury or fatality, all training being conducted in the area where the injury
occurred will be stopped and the care of the injured and the security of the incident site becomes
priority. A Firearms Instructor or designee shall contact a Westminster Police Department Watch
Commander as soon as practicable and advise him/her of the incident.
If there is an injury on the range involving a firearm, the Firearms Instructor or designee shall:
•Call a “Cease Fire” and the range staff will ensure all personnel make all firearms safe.
•Take charge of the scene, assign personnel to assist and immediately initiate care
for the injured.
•Ensure the range is cleared of all personnel and secure the incident site.
•Westminster Police Department resources will be deployed to assist with an
investigation based on the severity of the injury.
If any injury occurs in any area of the Westminster Police Range and Safety Training Center, the
Firearms Instructor or training staff will contact the on-duty Westminster Police Department Watch
Commander and complete the Injury Form/Unintended Discharge (PD-218). Depending on the
severity of the injury, the field supervisor may respond.
312.8 AUTHORIZED FIREARMS AND AMMUNITION
The Westminster Police Department Range staff reserves the right to inspect all firearms and
ammunition to ensure they are safe to use and are the proper type of caliber authorized to fire
on the facility range. Refusal to submit equipment for these inspections is grounds for immediate
suspension of range privileges. It is the responsibility of the on-site Firearms Instructor to ensure
all weapons and ammunition are within the facility guidelines for use. The following restrictions on
ammunition apply to all users while training in the facility:
•Only factory loaded ammunition is permitted.
•Frangible ammunition is not authorized.
•Tracer ammunition is not authorized.
•Full metal jacketed ammunition with steel penetrator/steel core is not authorized.
•Armor piercing ammunition is not authorized.
•Incendiary ammunition, noise-flash diversionary devices, smoke and/or chemical
dispersal canisters are not authorized.
•Any other ammunition that the Firearms Instructor deems unauthorized is not
permitted.
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•Only agency approved and issued ammunition is allowed to be fired on the range.
No .50 BMG is allowed.
312.9 GENERAL RANGE SAFETY RULES
Safety is the responsibility of every individual. Every person participating or observing training
while on the range is a safety officer and can call “cease fire” or halt training at any time. Concerns
for safety should never be limited to the training event itself, but should always include associated
training activities that may take place in the facility. The following safety rules apply to all personnel
observing and participating in firearms training in the facility:
•A POST-certified Firearms Instructor must be present anytime there is live fire training
on the range.
•All personnel entering or leaving the facility will carry all firearms in a safe manner.
•All firearms brought into the facility shall be unloaded unless the firearm is worn directly
on the person, in a holster or concealed in a safe and secure manner.
•Firearms that are not carried on the body will have the slide or bolt locked to the rear
position, magazine removed, and weapon on safe (as applicable).
•Everyone will treat every firearm as if it were loaded.
•Never point the muzzle of any firearm at anything you don’t intend to engage.
•Firearms will only be chambered on the range or in a designated loading barrel.
•The Firearms Instructor or designee is responsible for ensuring that all weapons
leaving the range line are unloaded.
•Caution should be used by any personnel on the firing line bending down to pick up
equipment off the range floor. It is recommended that all shooting cease, weapons are
in a safe position, and the line is clear before doing so.
•Personnel will ensure weapons are unloaded and safe before disassembling them in
the cleaning room.
•No firearm is to be left unattended.
•No shooting will take place until directed by the Firearms Instructor.
•All attempts shall be made to ensure live ammunition is not placed into the brass
collection containers.
•Brass collected and deposited into the collection containers on the range will not be
removed from the facility without approval from the Facility Manager or the authorized
designee. Outside agencies may recover their own brass as long as they provide their
own collection containers.
•No malfunctioning weapon will be removed from the firing line without first being
cleared of the malfunction, unloaded completely and made safe if possible.
•Handle ammunition with care.
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•All personnel will wear hearing protection, eye protection, and protective body armor
while participating in firearms training.
•Appropriate clothing attire is required while shooting on the range. Tank tops or shorts
are not allowed. No open toe shoes or sandals are permitted.
•No horseplay is allowed anywhere within the facility.
•No eating or drinking is allowed on the range or the cleaning room.
•Reactive steel targets are authorized. All manufacture recommendations for use shall
be followed.
•At no time will any object be placed on or inside the bullet trap.
•Firearms Instructors on the shooting line will ensure that the expended rounds are
impacting the appropriate area and not the ceiling baffles or another unintended areas.
•No training equipment, props, or range tools will be removed from the range without
prior approval of a Westminster Police Department Firearms Instructor.
•All unintended discharges by an outside agency causing injury to a person or
damage to the facility will be reported to the Westminster Police Department Watch
Commander at (714) 548-3767 as soon as practicable. A Negligent Discharge/Injury
form shall be completed. The form will identify the officer responsible for the discharge,
any Firearms Instructor present and the situation that lead to the discharge.
•Any unintended disgarges by Westminster Police Department members causing injury
to a person or damage to the facility will be reported to the Westminster Police
Department Watch Commander at (714) 548-3767 as soon as practicable. This will
require an administrative report by the Firearms Instructor to the Rangemaster for
review. Upon Rangemaster recommendation, the report will be forwarded to the
Professional Standards Unit Commander.
•No live-fire training is to be conducted if the ventilation system is not functioning
properly.
312.10 FACILITY INSPECTIONS
An inspection of any areas to be used within the Training Center will occur prior to and promptly
after training.
When agencies using the facility notice equipment that is not functioning properly, or notice
damage likely caused from their training, they will notify Westminster Police Department Range
Staff or a Westminster Police Department Firearms Instructor and document the damage on the
inspection form.
If damages are found to be negligent and outside of normal wear and tear, the agency causing
the damage will be responsible for the full cost of repair/replacement. The City of Westminster will
provide the user agency with an invoice detailing cost for repair of damaged equipment, payable
to the City within 120 days of receipt. If payment is not received within the specified time period,
the agency will be suspended from use of the Training Center.
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312.10.1 RANGE INSPECTIONS
Range inspections will occur at the beginning and end of each training day to identify potential
hazards, damage, or maintenance issues that would affect range operations.
•A member of the Westminster Police Department Range Staff or designee will be
responsible for completing a range inspection before use to identify any potential
hazards or damage.
•The inspections will be documented on the Range Damage Control form and
forwarded to the Facility Manager.
•Negligent damages to range infrastructure and/or equipment will be investigated by
the Westminster Police Department Range Staff. The Facility Manager will make the
final determination if the damages will require repair or replacement.
•Upon completion of each training day, the user agency will provide a total count of
rounds expended on the range on the Shooter Roster form. The total count will include
the number of shooters, the type of weapon and caliber of ammunition expended.
This ammunition count provides staff the information needed to conduct the range
maintenance process and usage report of firearms fired into the trap.
•Westminster Police Department Range Staff or a Firearms Instructor has the authority
to conduct an immediate range inspection at any time.
312.10.2 MAT ROOM INSPECTIONS
At the completion of a training session, the mats shall be cleaned with provided products. An
inspection shall occur after the mats are cleaned.
312.11 RANGE CLEAN-UP
The Firearms Instructor or designee will be responsible for ensuring that the range is cleaned up
after the completion of training.
•All expended ammunition casings will be picked up and placed in the proper
receptacles.
•All targets will be removed from the target carriers and placed in the proper
receptacles.
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City of Huntington Beach
File #:20-1654 MEETING DATE:6/1/2020
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Oliver Chi, City Manager
PREPARED BY:Tom Herbel, PE, Acting Director of Public Works
Subject:
Adopt Ordinance No. 4206 repealing Chapter 14.24 and amending Chapter 14.25 of the
Huntington Beach Municipal Code (HBMC) regarding Stormwater and Urban Runoff
Management Ordinance
Approved for introduction 5/18/20 - Vote: 7-0
Statement of Issue:
Repealing of Chapter 14.24 and revisions to Chapter 14.25 of the Huntington Beach Municipal Code
is necessary to comply with current stormwater regulations established under the Municipal Separate
Storm Sewer (MS4) permit (Order No. R8-2009-0030) as issued by the Santa Ana Regional Water
Quality Control Board.
Financial Impact:
No funding is required for this action.
Recommended Action:
Adopt Ordinance No. 4206,“An Ordinance of the City of Huntington Beach Repealing Chapter 14.24
and Amending Chapter 14.25 of the Huntington Beach Municipal Code Regarding Stormwater and
Urban Runoff Management.”
Alternative Action(s):
Do not adopt ordinance and direct staff as how to proceed differently.
Analysis:
Chapter 14.24 of the HBMC was adopted in 1970 to prohibit the discharge of industrial waste and
other pollutants into the storm drain system and established a mechanism for the Director of Public
Works Department to issue industrial waste discharge permits to industrial facilities for the discharge
of industrial waste into the sanitary sewer system. This ordinance is no longer relevant as it does not
comply with current storm water regulations and the authority to issue industrial waste permits is now
under the purview of the Orange County Sanitation District. Chapter 14.25 was adopted in 1997 to
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File #:20-1654 MEETING DATE:6/1/2020
under the purview of the Orange County Sanitation District. Chapter 14.25 was adopted in 1997 to
supersede Chapter 14.24 and was adopted to comply with the then-current stormwater related
regulations. Chapter 14.25 of the Huntington Beach Municipal Code (Code) was adopted in 1997 to
comply with the MS4 permit as issued by the Santa Ana Regional Water Quality Control Board. The
MS4 permit requires the City to demonstrate through ordinances the necessary legal authority to
enforce prohibited discharges to the storm drain that would have a negative impact on the water
quality and aesthetic value of downstream receiving water bodies such as the Santa River and the
Pacific Ocean. The MS4 permit has been revised since the adoption of Chapter 14.25 and the
proposed amendments will comply with the new restrictions and requirements included in the latest
MS4 permit.
The amendments to the ordinance include:
·Deletion of language that grants the City authority to issue storm water discharge permits.
Orange County Sanitation District has the legal authority to issue these permits;
·Grants City staff the authority to define exempted discharges as “nuisance” thereby prohibiting
the discharge to the storm drain system due to the nature of the discharge, volume of
discharge, and or potential negative impact to downstream water bodies;
·Deletion of language that permits the City to wash down streets without a discharge permit.;
·Defines fugitive dust as prohibited discharge that could potentially have an adverse impact on
adjacent properties and downstream water bodies.
Environmental Status:
This section was updated to reflect the language that was submitted and approved by City Council at
the May 18, 2020 meeting.
Staff has determined that pursuant to the California Environmental Quality Act (“CEQA”) Section
15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change
in the environment) and Section 15060 (c)(3)(the activity is not a project as defined in Section 15378)
of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, the introduction and
adoption of this Ordinance does not require any further environmental analysis such as a negative
declaration, mitigated negative declaration or environmental impact report.
Strategic Plan Goal:
Non-Applicable - Administrative Item
Attachment(s):
1.Ordinance No. 4206
2. Legislative Draft Ch. 14.24
3. Legislative Draft Ch. 14.25
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LEGISLATIVE DRAFT
HBMC 14.24
Chapter 14.24 WATER POLLUTION
14.24.010 Enforcement and Administration
The County of Orange and all of its officers, employees and agents are authorized and empowered to
enforce and administer the provisions of this chapter within the City of Huntington Beach, California.
14.24.020 Definitions
As used in this chapter, unless the context otherwise requires:
“Department” means any department of the City or the County of Orange.
“Director” means the duly appointed administrator appointed by the Board of Supervisors of the
County of Orange.
“Industrial waste” means any and all liquid or solid waste substance not sewage from any
producing, manufacturing or processing operation of whatever nature. It shall include sewage mixed
with “industrial waste”; however, it shall not include domestic sewage from residences, business
buildings and institutions containing only waste from water closets, wash water, baths and kitchens.
“Pollution of underground or surface waters” means any condition resulting from the depositing
or discharging of industrial waste which impairs or contributes to the impairment of the usefulness
of waters for human or animal consumption or domestic, agricultural, industrial or recreational
purposes, or any other useful purposes.
“Public agency” means and includes the United States or any department or agency thereof, the
state or any department or agency thereof, county, city, public corporation, municipal corporation or
public district.
“Public sewer” means the main line sewer, publicly owned or maintained, constructed in a street,
highway, alley, place or right-of-way dedicated to public use.
“Sewage” means any waste, liquid or otherwise, associated with human occupancy of buildings
including sewage effluent and water contaminated with offal, filth and feculent matter.
“Underground or surface water” means any surface or subterranean stream, watercourse, lake or
other body of water, and shall include water wells and any underground or surface storage reservoir,
whether natural or artificial.
14.24.030 Prohibited Deposits
No person shall discharge or deposit or cause or suffer to be discharged or deposited from any source any
industrial waste in a manner which will or may cause or result in the pollution of any underground or
surface waters.
14.24.035 Storm Drain and Sewer Use
No person, firm or corporation shall discharge or cause to be discharged any sewage, waters, vapors or
industrial wastes that have any one of the following characteristics:
A. Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid or gas;
B. Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastic, wood,
paunch manure, or any other solid or viscous substance capable of causing obstruction of the flow in
sewers or other interference with the proper operation of the sewage or storm drain works;
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C. Any industrial wastes containing a toxic or poisonous substance in sufficient quantity to injure
or interfere with any sewage treatment process, constitute a hazard to humans or animals, or create
any hazard in the receiving waters of the sewage treatment plant;
D. Any noxious or malodorous gas or substance capable of creating a public nuisance;
E. Any liquid or vapor having a temperature higher than 85 degrees Fahrenheit unless properly
treated for scale inhibition;
F. Any industrial wastes which may contain more than 200 parts per million, by weight, of fat, oil
or grease.
14.24.037 Swimming Pool Wastewater Disposal
Swimming pool wastewater may be discharged to a storm drain or to a public sanitary house sewer by
means of an approved temporary sanitary connection from the pool to the storm drain, building drain or
house sewer. No person shall permit or allow swimming pool wastewater to be discharged into an open
gutter or to flow across public property.
14.24.040 Industrial Waste Disposal—Permit Required
No person shall discharge or deposit or cause or suffer to be deposited or discharged any industrial waste
into or upon any area in the City, or into any underground or surface waters in the City where such
industrial waste is or may be deposited upon or may be carried through or over any area of the City or
County of Orange except in conformity with the provisions of this chapter, and unless he or she shall have
first secured, in the manner hereinafter provided, a permit so to do from the director; provided, however, a
permit shall not be required for the discharge of industrial waste into a public sewer with an ocean outfall.
14.24.050 Industrial Waste Disposal—Permit Application
Applications for permits required hereunder shall be filed with the director upon printed forms to be
prescribed and supplied by him or her. The director may require any additional information, including
plans and specifications which he or she may deem necessary for the proper disposition of the application.
14.24.060 Industrial Waste Disposal—Permit—Decision
Within 30 days after the receipt of all of the information requested of an applicant, the director shall either
grant or deny the permit and shall immediately notify the applicant by first class mail of the action taken.
14.24.070 Industrial Waste Disposal—Permit Issuance
The director shall issue a permit for industrial waste disposal if he or she determines that:
A. The material to be discharged or deposited in the manner proposed will not cause or result in
the pollution of any underground or surface waters, as herein prohibited; and
B. Under existing circumstances and conditions it is reasonable and necessary to dispose of the
waste in the manner proposed.
14.24.080 Industrial Waste Disposal—Limitations
The director may incorporate in any permit issued pursuant to this chapter, such limitations or conditions
as may be reasonably necessary to effectuate the purpose of this chapter and may from time to time,
review the limitations or conditions which have been incorporated in any permit theretofore issued, giving
consideration to changed conditions, and may, whenever in his or her judgment it is advisable or required
in order to maintain the waters of the City and county free from pollution, alter, revise, modify, delete or
add further limitations or conditions applicable to any permit theretofore issued. No such alteration,
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revision, modification, deletion or addition of limitations or conditions shall be effective, however, until
notice in writing thereof shall have been served upon the permittee in the manner provided by
Section 14.24.150.
14.24.090 Industrial Waste Disposal—Acts Prohibited
A permit issued under this chapter does not authorize any act or acts forbidden by any law, rule,
regulation or order of any public agency or department and such fact shall be so stated on the face of all
permits issued.
14.24.100 Industrial Waste Disposal—Permit Term
A permit for the disposal of industrial waste shall be valid until suspended or revoked in the manner
hereinafter provided.
14.24.110 Industrial Waste Disposal—Permit—Transfer
The director may transfer a permit to the successor in interest of a permittee upon the filing by the
successor in interest of a written application therefor, together with such evidence of transfer of title or
interest as the director may require; provided, however, a permit shall not be transferable from one
location to another. The director shall immediately notify by first class mail, the person requesting a
transfer of a permit of the action taken.
14.24.120 Compliance Tests and Inspections
For the purpose of securing compliance with this chapter, the director shall make periodic tests of samples
of industrial waste obtained from the place or places of discharge or deposit, and such other tests deemed
necessary for proper administration hereof. For the purpose of making such tests or inspections, the
director or his or her duly authorized deputies or agents shall be permitted at all reasonable hours to enter
any premises or place where industrial waste is being or is proposed to be discharged or deposited, or
where there may be a violation of this chapter.
14.24.130 Cooperation by Other Departments
In carrying out the duties imposed upon him or her, the director may request and receive the aid of any
other city or county department.
14.24.140 Enforcement
The director shall enforce this chapter and shall, upon his or her own initiative or may upon the complaint
of any person, investigate any violation of this chapter, or of any permit issued hereunder. For this
purpose, he or she shall have the powers of a peace officer.
14.24.150 Notice of Violation
Whenever the director finds that any person is acting in violation of any provision of this chapter or of
any permit issued hereunder, he or she shall serve upon the person causing or suffering such violation to
be committed, including the permittee, if a permit has been issued, a notice of violation. The notice shall
state the act or acts constituting the violation and shall direct notice as the director may deem reasonable.
Unless otherwise expressly provided, any notice under this chapter required to be given by the Board of
Supervisors or the director shall be in writing and may be served either in the manner provided in
the Code of Civil Procedure for the service of process or by registered mail. When service is by registered
mail, the notice shall be sent to the last address given to the director.
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14.24.160 Continued Violation—Activity Cessation
Whenever the director finds that the continued violation of any provision of this chapter or of the
conditions of any permit issued hereunder is so aggravated that the prevention of pollution of
underground or surface waters requires the immediate cessation of the activities causing the violation, he
or she may so direct in a notice of violation. A person who has been so notified shall immediately cease
all such activities and shall not resume them until the director determines that all of the violations charged
in the notice have been corrected.
14.24.170 Permit Suspension
The director may suspend a permit by giving notice thereof to the permittee:
A. When a permittee fails to rectify a violation within the time specified in a notice thereof; or
B. When a violation is so aggravated as to require cessation of activities as provided in the
preceding section.
A permit suspended by the director shall be reinstated by him or her when all of the violations charged in
a notice thereof have been corrected.
14.24.180 Permit Revocation
The Board of Supervisors may, after notice and hearing as hereinafter provided, revoke a permit on any
one or more of the following grounds:
A. Fraud or deceit in obtaining a permit;
B. Failure of a permittee to correct a violation within the time prescribed in a notice of violation;
C. Willful violation of any provisions of this chapter of a condition or limitation of a permit, or
any lawful order of the director.
14.24.190 Permit—Revocation Proceedings
Proceedings for the revocation of a permit may be initiated:
A. By the director by serving upon the permittee a copy of and filing with the County Clerk, a
written recommendation or revocation setting forth the grounds therefor and requesting a hearing
thereon before the Board of Supervisors;
B. By the Board of Supervisors, on its own motion or upon complaint of a third person, by
serving or causing to be served upon the permittee and the director, a notice of intention to revoke,
setting forth the grounds therefor and designating a time and place for hearing thereon.
14.24.200 Permit—Revocation Hearing
A person who is dissatisfied with an action of the director may request a hearing before the Board of
Supervisors. Except as specified in Section 14.24.160, the decision of the director shall be suspended
pending the decision of the Board of Supervisors.
14.24.210 Hearing—Requests
Any person who feels him or herself aggrieved by an action of the director:
A. Denying an application for a permit or incorporating limitations or conditions in a permit;
B. Denying an application for the transfer of a permit;
C. Ordering the correction of a violation of any provision of this chapter, or of a condition or
limitation of a permit issued hereunder;
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D. Directing the cessation of operations pending the correction of a violation; or
E. Suspending or refusing to reinstate a permit suspended by him or her, may, within 30 days
after receipt of a notice of the action complained of, serve upon the director a copy of and file with
the County Clerk a written request for a hearing before the Board of Supervisors. The request shall
set forth in concise language the particular action or actions complained of and the reasons why the
person or permittee feels him or herself aggrieved thereby.
Failure to file a request for hearing within the time prescribed herein shall constitute a waiver of any
objection to the action of the director and his or her action shall be final.
14.24.220 Hearing—Notice
When a request for hearing is filed with the County Clerk, the Board of Supervisors shall set the matter
for hearing and give notice of the time and place thereof to the person requesting the hearing, the director
and any other person or public agency requesting the notice thereof. The hearing shall be held not more
than 30 days after a written request therefor has been filed with the County Clerk and not less than 10
days after the issuance of the notice thereof.
14.24.230 Hearing—Appearances
At the time and place set for hearing, the person requesting the hearing, the director and any interested
person or public agency may appear and be heard either in person or by counsel.
14.24.240 Hearing—Decision
The Board of Supervisors shall, within 30 days after conclusion of the hearing, render its decision. The
Board of Supervisors may:
A. Confirm the action of the director;
B. Direct the director to issue a permit with or without such conditions or limitations as the board
may deem appropriate;
C. Vacate or modify the suspension of permit;
D. Cancel a notice of violation or modify such notice in such particulars as the board may deem
appropriate;
E. Direct the director to transfer a permit;
F. Revoke a permit on any of the grounds specified in Section 14.24.180.
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LEGISLATIVE DRAFT
HBMC 14.25
14.25.010 Purpose
C. The City of Huntington Beach is participating as a “Co-permittee” under the NPDES Permit in
the development and adoption of an ordinance to accomplish the requirements of the Clean Water
Act.
The City of Huntington Beach has adopted and amended this Chapter to comply with the Municipal
Separate Storm Sewer System permit (“MS4 permit”) the California Water Quality Control Board-
Santa Ana Region issued Orange County. The MS4 permit requires the City to demonstrate through
ordinances the necessary legal authority to enforce prohibited discharges to the storm drain that
would have a negative impact on the water quality and aesthetic value of the downstream receiving
water bodies such as the Santa Ana River and the Pacific Ocean.
14.25.020 Definitions
“Authorized inspector” shall mean the Director of Public Works, Planning Director, Fire Chief or
Director of Building and Safety Community Development, and persons designated by and under his
or her instruction and supervision, who are assigned to investigate compliance with, detect
violations of, and/or take actions pursuant to this chapter.
“Best management practices (BMPs)” shall mean schedules of activities, pollution treatment
practices or devices, prohibitions of practices, general good housekeeping practices, pollution
prevention and educational practices, maintenance procedures, and other management practices or
devices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater,
receiving waters, or the stormwater drainage system. Best Management Practices also include, but
are not limited to, treatment practices, operating procedures, and practices to control site runoff,
spillage or leaks, sludge or water disposal, or drainage from raw materials storage. Best
Management Practices may include any type of pollution prevention and pollution control measure
that can help achieve compliance with this Chapter.
“Discharge eException” shall mean the group of activities not restricted or prohibited by this
cChapter, including only:
1. Discharges composed entirely of stormwater;
2. Discharges subject to regulation under current EPA or Regional Water Quality Control
Board issued NPDES permits, sState gGeneral pPermits, or other waivers, permits or
approvals granted by an appropriate government agency;
3. Discharges from property for which best management practices set forth in the
development project guidance are being implemented and followed; Emergency firefighting
flows (i.e. flows necessary for the protection of life and property). Where reasonably feasible,
however, and without interfering with health and safety, the use of BMP’s should be
considered;
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4. Discharges to the stormwater drainage system from potable water line flushing, fire
fighting activities, landscape irrigation systems, diverted stream flows, rising groundwater,
and de minimis groundwater infiltration to the stormwater drainage system (from leaks in
joints or connections or cracks in water drainage pipes or conveyance systems); Diverted
stream flows, flows from riparian habitats and wetlands, rising groundwater, and de minimis
ground water infiltration to the stormwater drainage system (from leaks or joints or
connections or cracks in water drainage pipes or conveyance systems);
5. Discharges from potable water sources, passive foundation drains, air conditioning
condensation and other building roof runoff; agricultural irrigation water runoff; water from
crawl space pumps, passive footing drains, lawn watering, noncommercial vehicle washing;
flows from riparian habitats and wetlands; dechlorinated swimming pool discharges;
Dechlorinated swimming pool discharges, dechlorinated to a concentration of 0.1 ppm or less,
pH adjusted and reoxygenated if necessary, and volumetrically and velocity controlled to
prevent causing hydrologic conditions of concern in receiving waters (cleaning wastewater and
filter backlash discharges, however are prohibited);
6. Discharges of reclaimed water generated by a lawfully permitted water treatment facility;
public street wash waters when related to cleaning and maintenance by, or on behalf of, the
City of Huntington Beach; Discharges to the stormwater drainage system from passive
foundation drains, air conditioning condensation, water from crawl space pumps, passive
footing drains, non-commercial vehicle washing;
7. Discharges authorized pursuant to a permit issued under the authority of the State Water
Control Board or other authorized agency. Discharges allowable under the domestic sewage
exception; Discharges of waters not otherwise containing waste as defined in California Water
Code Section 13050(d);
8. Discharges for which the discharger has reduced to the extent feasible the amount of
pollutants in such discharge; and Discharge from portable water sources, including water line
flushing, super-chlorinated water line flushing, fire hydrant system flushing, and pipeline
hydrostatic test water; Planned discharges shall be dechlorinated to a concentration of 0.1 ppm
or less. pH adjusted if necessary, and volumetrically and velocity controlled to prevent
causing hydrologic conditions of concern in receiving waters. pH must be no less than 6.5 and
no greater than 8.6;
9. Discharges authorized pursuant to federal or state laws or regulations.
In any action taken to enforce this chapter, the burden shall be on the person who is the subject of
such action to establish that a discharge was within the scope of this discharge exception. Other
types of discharges identified and recommended by the permittees and approved by the Santa Ana
Regional Water Quality Control Board.
In any action taken to enforce this Chapter, the burden shall be on the person who is the subject of
such action to establish that a discharge was within the scope of this Discharge Exception.
“Fugitive dust” shall mean very small particles suspended in the air, the source of which is
primarily the earth’s soil but can include dust generated from cutting stone and concrete.
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“Imminent Danger” shall mean, but is not limited to, exigent circumstances created by the
dispersal of pollutants, which present a significant and immediate threat to the public safety or the
environment.
“Nuisance” shall mean any discharge permitted as a discharge exemption but identified by the
Authorized Inspector as a nuisance and a threat to water quality, either due to the nature of the
discharge, volume of the discharge, and/or potential negative impact to the receiving water body.
“Pollutant” shall mean any liquid, solid or semi-solid substances, or combination thereof, including
and not limited to:
1. Artificial materials (such as floatable plastics, wood products or metal shavings). Trash
and debris, (such as, but not limited to, floating plastics, wood produces or metal shavings.)
2. Household waste (such as trash, paper, and plastics; cleaning chemicals; yard wastes;
animal fecal materials; used oil and fluids from vehicles, lawn mowers and other common
household equipment). Domestic sewage.
3. Sediment due to construction or landscaping activities or due to lack of effective erosion
and sediment controls.
4.3. Metals and non-metals, including compounds of metals and non-metals (such as
cadmium, lead, zinc, copper, silver, nickel, chromium, cyanide, phosphorus and arsenic) with
characteristics which cause an adverse effect on living organisms.
54. Petroleum and related hydrocarbons (such as fuels, lubricants, surfactants, waste oils,
solvents, coolants and grease).
65. Animal wastes and wash-water resulting from cleaning activities to areas affected by
animal wastes (such as discharge from confinement facilities, kennels, pens and recreational
facilities, including, stables, show facilities, or polo fields).
76. Substances having a pH less than 6.5 or greater than 8.6, or unusual coloration, turbidity
or odor.
8.7. Waste materials and wastewater generated on construction sites and by construction
activities (such as painting and staining; use of sealants and glues; use of lime; use of wood
preservatives and solvents; disturbance of asbestos fibers, paint flakes or stucco fragments;
application of oils, lubricants, hydraulic, radiator or battery fluids; construction equipment
washing; concrete pouring and cleanup; use of concrete detergents; steam cleaning or sand
blasting; use of chemical degreasing or diluting agents; and use of super chlorinated water for
potable water line flushing).
98. Materials causing an increase in biochemical oxygen demand, chemical oxygen demand
or total organic carbon.
109. Materials which contain base/neutral or acid extractable organic compounds.
1110. Those pollutants defined in Section 1362(6) of the Federal Clean Water Act.
121. Any other constituent or material, including but not limited to pesticides, herbicides,
fertilizers, fecal coliform, fecal streptococcus or enterococcus, or eroded soils, sediment and
particulate materials, in quantities that will interfere with or adversely affect the beneficial uses
of the receiving waters, flora or fauna of the City and state.
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132. Washwater resulting from cleaning activities of outdoor surfaces such as patios,
sidewalks, walkways, building exteriors, balconies, roofs windows and decks. the hosing or
cleaning of gas stations, auto repair garages, and other types of automobile service stations.
143. Discharges resulting from the cleaning activities, repair, or maintenance of any type of
equipment, machinery, or facility, including, but not limited to, motor vehicles, concrete
mixing equipment, portable toilet servicing, etc.
1514. Washwater from mobile auto detailing and washing, steam and pressure cleaning,
carpet cleaning, and other such mobile commercial and industrial activities.
1615. Water from cleaning of municipal, industrial, and commercial facilities, locations and
area, including, but not limited to,sites, including parking lots, streets, sidewalks, driveways,
patios, refuse enclosures, plazas, work yards and outdoor eating or drinking areas, etc.
1716. Runoff from material storage areas including, but not limited to, or uncovered
receptacles that contain chemicals, fuels, grease, oil, or other hazardous materials, food waste,
and trash/debris.
1817. Discharges of runoff from the washing of toxic materials from paved or unpaved areas.
Non-stormwater discharges defined as Discharge Exception but identified by the Authorized
Inspector as a nuisance due to the nature of the discharge, volume of the discharge, and/or
potential negative impact to quality.
1918. Discharges of pool or fountain water containing chlorine, biocides, or other chemicals;
pool filter backwash containing debris and chlorine.
2019. Food service establishments Restaurant or food processing facility wastes including,
but not limited to, food waste, such as grease oil, washwater from floor mat, equipment and
trash bin wash water, food waste, etc. enclosure cleaning activities, etc.
21. Fugitive dust.
Any item pollutant which is duplicative of another shall not be construed to exclude either item, as
the same item may be described more than one time.
“Prohibited discharge” shall mean any discharge which contains any pollutant, from public or
private property to:
1. The stormwater drainage system;
2. Any upstream flow, which is tributary to the stormwater drainage system;
3. Any groundwater, river, stream, creek, wash or dry weather arroyo, wetlands area, marsh,
coastal slough; or
4. Any coastal harbor, bay, or the Pacific Ocean.
The term “pProhibited discharge” shall not include discharges allowable under the dDischarge
eException unless declared a nuisance by City staff.
“Receiving waters” shall mean a “water of the United States” within the scope of the California
Water Code, including but not limited to, natural streams, creeks, rivers, reservoirs, lakes, ponds,
water in vernal pools, lagoons, estuaries, bays, the Pacific Ocean and ground water.
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“State General Permit” shall mean either the State General Industrial Stormwater General Permit
or the State General Construction General Permit and the terms and requirements of either or both.
In the event the U.S. Environmental Protection Agency “EPA” revokes the in-lieu permitting
authority of the State Water Resources Control Board, then the term “State General Permit” shall
also refer to any EPA administered stormwater control program for industrial and construction
activities.
“Stormwater drainage system” shall mean street gutter, channel, storm drain, constructed drain,
lined diversion structure, wash area, inlet, outlet or other facility, which is a part of or tributary to
the countywide stormwater runoff system and owned, operated, maintained or controlled by the
City, the County of Orange, the Orange County Flood Control District or any co-permittee city, and
used for the purpose of collecting, storing, transporting, or disposing of stormwater.
14.25.030 Prohibition on Illicit Connections and Prohibited Discharges
A. No person shall:
1. Construct, maintain, operate and/or utilize any illicit connection.
2. Cause, allow or facilitate any prohibited discharge.
3. Act, cause, permit or suffer any agent, employee, or independent contractor, to construct,
maintain, operate or utilize any illicit connection, or cause, allow or facilitate any prohibited
discharge.
B. The prohibition against illicit connections shall apply irrespective of whether the illicit
connection was established prior to the date of enactment of this chapter; however, legal
nonconforming connections shall not become illicit connections until the earlier of the following:
No person shall cause, facilitate or contribute to a discharge into the stormwater drainage system, or
into an area or in a manner that will result in a discharge into the stormwater drainage system:
1. For all structural improvements to property installed for the purpose of discharge to the
stormwater conveyance system, the expiration of five years from the adoption of this chapter
Any substance causing, or threatening to cause, a condition or pollution, contamination, or a
nuisance, as that term is defined in Section 13050 of the California Water Code.
2. For all nonstructural improvements to property existing for the purpose of discharge to
the stormwater conveyance system, the expiration of six months following delivery of a notice
to the owner or occupant of the property, which states a legal nonconforming connection has
been identified. The notice of a legal nonconforming connection shall state the date of
expiration of use under this chapter. Any substance causing or contributing to an exceedance
of any water quality standard for surface water or groundwater.
C. A civil or administrative violation of Section 14.25.030 shall occur irrespective of the
negligence or intent of the violator to construct, maintain, operate or utilize an illicit connection or
to cause, allow or facilitate any prohibited discharge. The prohibition against illicit connections
shall apply irrespective of whether the illicit connection was established prior to the date of
enactment of this Chapter; however, legal nonconforming connections shall not become illicit
connections until the earlier of the following:
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1. For all structural improvements to property installed for the purpose of discharge
to the stormwater conveyance system, the expiration of five years from the adoption or amendment
of this Chapter establishing the new standard.
2. For all nonstructural improvements to property existing for the purpose of
discharge to the stormwater conveyance system, the expiration of six months following delivery of a
notice to the owner or occupant of the property, which states a legal nonconforming connection has
been identified. The notice of a legal nonconforming connection shall state the date of the
expiration of use under this Chapter.
D. A civil or administrative violation of Section 14.25.030 shall irrespective of the
negligence or intent of the violator to construct, maintain, operate or utilize an illicit connection or
to cause, allow or facilitate any prohibited discharge.
ED. If an a Authorized Iinspector reasonably determines that a discharge, which is otherwise
within the dDischarge eException, may adversely affect the beneficial uses of receiving waters, then
the Aauthorized Iinspector may give written notice to the owner of the property or facility that the
dDischarge eException shall not apply to the subject discharge following expiration of the 30-day
period commencing upon delivery of the notice. Upon expiration of the 30-day period, any such
discharge shall constitute a violation of Section 14.25.030.
FE. The owner or occupant of property on which a legal nonconforming connection exists may
request an administrative hearing, pursuant to the procedures set forth in Section 14.25.060 for an
extension of the period allowed for continued use of the connection. A reasonable extension of use
may be authorized by the Director of Public Works or City Engineer, upon consideration of the
following factors:
1. The potential adverse effects of the continued use of the connection upon the beneficial
uses of receiving waters;
2. The economic investment of the discharger in the legal nonconforming connection; and
3. The financial effect upon the discharger of a termination of the legal nonconforming
connection.
14.25.040 New Development and Significant Redevelopment
A. All new development and significant redevelopment shall be undertaken in accordance with:
1. The DAMP, including but not limited to the development project guidance; and Orange
County Technical Guidance Document;
2. Any conditions and requirements established by the Community Development
Department and/or the Public Works Department, which are reasonably related to the reduction
or elimination of pollutants in stormwater runoff from the project site.; and
3. Conformance with the Statewide Water Quality Control Plan for Ocean Waters of
California to control trash, also known as the Trash Provisions.
B. Prior to the issuance of a grading permit, building permit or nonresidential plumbing permit for
any new development or significant redevelopment, the Community Development Department
and/or Public Works Department shall review the project plans and impose terms, conditions and
requirements on the project in accordance with this Section 14.25.040. If the new development or
significant redevelopment will be approved without application for a grading permit, building permit
or nonresidential plumbing permit, the Community Development Department and/or the Public
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Works Department shall review the project plans and impose terms, conditions and requirements on
the project in accordance with this Section 14.25.040 prior to the issuance of a discretionary land
use approval or, at the City’s discretion, prior to recordation of a subdivision map.
C. Notwithstanding the foregoing subsections, compliance with the development project guidance
shall not be required for construction of a (one) single family detached residence unless the
Community Development Department and/or Public Works Department determines that the
construction may result in the discharge of significant levels of a pollutant into a tributary to the
stormwater drainage system.
D. Compliance with the conditions and requirements of the DAMP shall not exempt any person
from the requirement to independently comply with each provision of this chapter.
E. If the Community Development Department and/or Public Works Department determines that
the project will have a de minimis impact on the quality of stormwater runoff, then it may issue a
written waiver of the requirement for compliance with the provisions of the development project
guidance.
F. The owner of a new development or significant redevelopment project, or upon transfer of the
property, its successors and assigns, shall implement and adhere to the terms, conditions and
requirements imposed pursuant to this sSection on a new development or significant redevelopment
project.
Each failure by the owner of the property or its successors or assigns to implement and adhere to the
terms, conditions and requirements imposed pursuant to this sSection on a new development or
significant redevelopment project shall constitute a violation of this cChapter.
G. The Community Development Department and/or Public Works Department may require that
the terms, conditions and requirements imposed pursuant to this sSection be recorded with the
County Recorder’s office by the property owner. The signature of the owner of the property or any
successive owner shall be sufficient for the recording of these terms, conditions and requirements
and a signature on behalf of the City shall not be required for recordation.
H. Cost Recovery. The City shall be reimbursed by the project applicant for all costs and
expenses incurred by the planning agency, Community Development Department and/or Public
Works Department in the review of new development or significant development projects for
compliance with the DAMP. The Community Development Department and/or Public Works
Department may elect to require a deposit of estimated costs and expenses, and the actual costs and
expenses shall be deducted from the deposit, and the balance, if any, refunded to the project
applicant.
I. Litter Control.
1. No person shall discard any waste material, including but not limited to common
household rubbish or garbage of any kind (whether generated or accumulated at a residence,
business or other location) upon any public or private property, whether occupied, open or
vacant, including but not limited to any street, sidewalk, alley, right-of-way, open area or point
of entry to the stormwater drainage system.
2. Every person occupying or having charge and control of property on which a prohibited
disposal of waste materials occurs shall cause the proper collection and disposal of same.
3. A prohibited disposal of waste materials creates a danger to public health, safety and
welfare, and otherwise threatens the environment, surface waters and groundwater; therefore,
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any owner or occupant of property who fails to remove waste material within a reasonable time
may be charged with creating a nuisance upon the property.
4. No person shall discard any waste material, including but not limited to common
household rubbish or garbage of any kind (whether generated or accumulated at a residence,
business or other location) upon any public property, whether occupied, open or vacant,
including but not limited to any street, sidewalk, alley, right-of-way, open area or point of
entry to the stormwater drainage system.
14.25.050 Scope of Inspections
A. Right to Inspect. Prior to commencing any inspection, as hereinbelow authorized, the
aAuthorized iInspector shall obtain either the consent of the owner or occupant of the property or
shall obtain an administrative inspection warrant or criminal search warrant.
B. Entry to Inspect. The Aauthorized Iinspector may enter property to investigate the source of
any discharge to any public street, inlet, gutter, storm drain or the stormwater drainage system
located within the jurisdiction of the City.
C. Compliance Assessments. The Aauthorized Iinspector may inspect property or business
activity for the purpose of verifying compliance with this cChapter, including but not limited to:
1. Conducting inspections as mandated by an NPDES permit and/or other State or Federally
mandated inspections;
21. Identifying products produced, processes conducted, chemicals used and materials
stored on or contained within the property;
32. Identifying point(s) of discharge of all wastewater, process water systems and pollutants;
43. Investigating the natural slope at the location, including drainage patterns and man-made
conveyance systems;
54. Establishing the location of all points of discharge from the property, whether by surface
runoff or through a storm drain system;
65. Locating any illicit connection or the source of prohibited discharge;
6. Evaluating compliance with any permit issued pursuant to Section 14.25.070 hereof; and
7. Investigating the condition of any legal nonconforming connection.
D. Portable Equipment. For purposes of verifying compliance with this cChapter, the
Aauthorized Iinspector may inspect any vehicle, truck, trailer, tank truck or other mobile equipment.
E. Records Review. The Aauthorized Iinspector may inspect all records of the owner or occupant
of property relating to chemicals or processes presently or previously occurring on-site, including
material and/or chemical inventories, facilities maps or schematics and diagrams, material safety
data sheets, hazardous waste manifests, business plans, pollution prevention plans, state general
permits, stormwater pollution prevention plans, monitoring program plans and any other record(s)
relating to illicit connections, prohibited discharges, a legal nonconforming connection or any other
source of contribution or potential contribution of pollutants to the stormwater drainage system.
F. Sample and Test. The Aauthorized Iinspector may inspect, sample and test any area runoff,
soils area (including groundwater testing), process discharge, materials within any waste storage
area (including any container contents), and/or treatment system discharge for the purpose of
determining the potential for contribution of pollutants to the stormwater drainage system. The
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Aauthorized Iinspector may investigate the integrity of all storm drain and sanitary sewer systems,
any legal nonconforming connection or other pipelines on the property using appropriate tests,
including but not limited to smoke and dye tests or video surveys. The Aauthorized Iinspector may
take photographs or video tape, make measurements or drawings, and create any other record
reasonably necessary to document conditions on the property.
G. Monitoring. The Aauthorized Iinspector may erect and maintain monitoring devices for the
purpose of measuring any discharge or potential source of discharge or potential source of discharge
to the stormwater drainage system.
H. Test Results. The owner or occupant of property subject to inspection shall, on submission of a
written request, receive copies of all monitoring and test results conducted by the Aauthorized
Iinspector.
I. Closed Circuit Television (CCTV) Footage. In the event of a sanitary sewer overflow, the
Authorized Inspector can request the owner to conduct CCTV inspection of the sanitary sewer line
and sewer laterals and provide CCTV footage within a reasonable time-frame.
14.25.060 Enforcement
A. Administrative Remedies.
1. Notice and Service of Orders. Orders for Noncompliance, Administrative Compliance,
Cease and Desist and Cost Recovery may be issued to and served upon the following
procedure:
a. The Notice shall be served and delivery shall be deemed complete upon the
property owner pursuant to the following procedure:
i. Personal service.
ii. Seven (7) days after deposit in the U.S. mail, postage pre-paid for first
class delivery. Where the recipient of notice is the owner of the
property, the address for notice shall be the mailing address from the
most recently issued equalized assessment roll for the property, or the
address as it appears in the current records of the City.
iii. Via electronic mail; or,
iv. Where the owner or occupant of any property cannot be located
after the reasonable efforts of the Authorized Inspector, notice shall be
deemed delivered after posting on the property for a period of ten (10)
business days.
b. Notice may be served upon any of the following parties:
i. The owner or occupant of any property requiring abatement of conditions
on the property that cause or may cause a prohibited discharge or an
illicit connection in violation of this Chapter.
ii. The owner of property subject to terms, conditions or requirements
imposed on a project in accordance with Section 14.25.040 to ensure
adherence to those terms, conditions and requirements.
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iii. A permittee subject to the requirements of any permit issued pursuant to
Section 14.25.070 to ensure compliance with the terms, conditions and
requirements of the permit.
iv. Any person responsible for an illicit connection or prohibited discharge.
c. The Notice shall state that the property owner has a right to appeal the matter by
filing a written request for an administrative hearing with the Office of the City
Clerk, within thirty (30) days of the date of the Notice. The appeal shall be
accompanied by an administrative hearing fee as established by separate
Resolution of the City Council.
21. Notice of Noncompliance. The Aauthorized Iinspector may deliver to the owner or
occupant of any property, or to any person responsible for an illicit connection or prohibited
discharge a nNotice of nNoncompliance. The nNotice of nNoncompliance shall: be delivered
in accordance with this section.
a. Identify The notice of noncompliance shall identify the provision(s) of this Cchapter
or the applicable permit which has been violated. The nNotice of nNoncompliance shall
state that continued noncompliance may result in additional enforcement actions against
the owner, occupant and/or person.
b. The Nnotice of Nnoncompliance shall state a compliance date that must be met by
the owner, occupant and/or person; provided, however, that the compliance date may not
exceed ninety (90) days unless the Aauthorized Iinspector extends the compliance
deadline an additional ninety (90) days where good cause exists for the extension.
32. Issuance and Terms of Administrative Compliance Orders.
The Aauthorized Iinspector may issue an aAdministrative cCompliance oOrder. The
aAdministrative cCompliance order may include the following terms and requirements:
shall be delivered in accordance with this section. The administrative compliance order
may be issued to:
a.i. The owner or occupant of any property requiring abatement of conditions on
the property that cause or may cause a prohibited discharge or an illicit connection
in violation of this chapter Specific steps and time schedules for compliance as
reasonably necessary to prevent the imminent threat of a prohibited discharge,
including but not limited to a prohibited discharge from any pond, pit, well, surface
impoundment, holding or storage area;
b.ii. The owner of property subject to terms, conditions or requirements imposed
on a project in accordance with Section 14.25.040 to ensure adherence to those
terms, conditions and requirements Specific steps and time schedules for
compliance as reasonably necessary to discontinue any illicit connection;
c.iii. A permittee subject to the requirements of any permit issued pursuant to
Section 14.25.070 to ensure compliance with the terms, conditions and requirements
of the permit Specific requirements for containment, cleanup, removal, storage,
installation of overhead covering, or proper disposal of any pollutant having the
potential to contact stormwater runoff;
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div. Any person responsible for an illicit connection or prohibited discharge Any
other terms or requirements reasonably calculated to prevent the imminent threat of
or continuing violations of this Chapter, including, but not limited to, requirements
for compliance with the best management practices guidance documents
promulgated by an Federal, State of California or regional agency;
e. Any other terms or requirements reasonably calculated to achieve full
compliance with the terms, conditions and requirements of any permit issued
pursuant thereto.
b. The administrative compliance order may include the following terms and
requirements:
i. Specific steps and time schedules for compliance as reasonably necessary to
prevent the imminent threat of a prohibited discharge, including but not limited to a
prohibited discharge from any pond, pit, well, surface impoundment, holding or
storage area;
ii. Specific steps and time schedules for compliance as reasonably necessary to
discontinue any illicit connection;
iii. Specific requirements for containment, cleanup, removal, storage, installation
of overhead covering, or proper disposal of any pollutant having the potential to
contact stormwater runoff;
iv. Any other terms or requirements reasonably calculated to prevent the imminent
threat of or continuing violations of this chapter, including, but not limited to
requirements for compliance with best management practices guidance documents
promulgated by any federal, State of California or regional agency;
v. Any other terms or requirements reasonably calculated to achieve full
compliance with the terms, conditions and requirements of any permit issued
pursuant hereto.
43. Issuance and Terms of Cease and Desist Orders. a. The Aauthorized Iinspector
may issue a cCease and dDesist oOrder directing the noticed party . A cease and desist order
shall be delivered in accordance with this section. A cease and desist order may direct the
owner or occupant of any property and/or other person responsible for a violation of this
Cchapter to:
ai. Immediately discontinue any illicit connection or prohibited discharge to the
stormwater drainage system;
bii. Immediately contain or divert any flow of water off the property, where the
flow is occurring in violation of any provision of this chapter; Comply with the
terms, conditions and requirements of, and immediately cease any activity in
violation of any Discharge Permit issued pursuant to Section 14.25.070;
ciii. Immediately discontinue any other violation of this chapter contain or divert
any flow of water off the property, where the flow is occurring in violation of any
provision of this chapter;
div. Clean up the area affected by the violation. Immediately discontinue any
other violation of this Chapter; and/or
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e. Clean up the area affected by the violation.
54 Issuance of Order for Recovery of Costs. The Aauthorized Iinspector may deliver to an
Order for Recovery of Costs to the owner or occupant of any property, any permittee or any
other person who becomes subject to a nNotice of nNoncompliance or aAdministrative
Compliance oOrder, an invoice for costs. An Order for Recovery of Costs invoice for costs
shall be delivered in accordance with this sSection. An Order for Recovery of Costs invoice for
costs shall be immediately due and payable to the City for the actual costs incurred by the City
in issuing and enforcing any notice or order.
If any owner or occupant, permittee or any other person subject to an Order for Recovery of
Costs invoice for costs fails to either pay the Order for Recovery of Costs invoice for costs or
appeal successfully appeal the Order for Recovery of Costs invoice for costs in accordance
with this sSection, then the City Attorney may institute collection proceedings.
5. Delivery of Notice. Any notice of noncompliance, administrative compliance order, cease
and desist order or invoice of costs to be delivered pursuant to the requirements of this chapter
shall be subject to the following:
a. The notice shall state that the recipient has a right to appeal the matter as set forth in
this section.
b. Delivery shall be deemed complete upon (i) personal service to the recipient; (ii)
deposit in the U.S. mail, postage pre-paid for first class delivery; or (iii) facsimile service
with confirmation of receipt.
c. Where the recipient of notice is the owner of the property, the address for notice
shall be the address from the most recently issued equalized assessment roll for the
property or as otherwise appears in the current records of the City.
d. Where the owner or occupant of any property cannot be located after the reasonable
efforts of the authorized inspector, a notice of noncompliance or cease and desist order
shall be deemed delivered after posting on the property for a period of 10 business days.
6. Administrative Hearing for Notices of Noncompliance, Administrative Compliance
Orders, Invoices for Costs and Adverse Determinations. Except as set forth in paragraph
Subsection 8 below, of this subsection, any person receiving a Nnotice of Nnoncompliance,
Aadministrative Ccompliance Oorder, Order for Recovery of Costs, a notice of legal
nonconforming connection, an invoice for costs, or any person who is subject to any adverse
determination made pursuant to this Cchapter, may appeal the matter by filing a written
request for requesting an administrative hearing with the Office of the City Clerk within thirty
(30) days of the Notice. The appeal request shall be accompanied by an administrative hearing
fee as established by separate City Council resolution, with a copy of the request for
administrative hearing mailed on the date of filing to the City Manager. Thereafter, a hearing
on the matter shall be held before the hearing officer within forty-five (45) days of the date of
filing of the written request unless, at the reasonableness discretion of the hearing officer and
pursuant to a written request by the appealing party, a continuance of the hearing is granted.
Notwithstanding the foregoing, these administrative appeal procedures shall not apply to
criminal proceedings initiated to enforce this chapter.
7. Request for Administrative Hearing. Any person appealing a notice of noncompliance,
an administrative compliance order, a notice of legal nonconforming connection, an invoice for
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costs or an adverse determination shall, within 30 days of receipt thereof, file a written request
for an administrative hearing, accompanied by an administrative hearing fee as established by
separate resolution, with the Office of the City Clerk, with a copy of the request for
administrative hearing mailed on the date of filing to the City Manager. Thereafter, a hearing
on the matter shall be held before the hearing officer within 45 business days of the date of
filing of the written request unless, at the reasonable discretion of the hearing officer and
pursuant to a written request by the appealing party, a continuance of the hearing is granted.
78. Administrative Hearing for Cease and Desist Orders and Emergency Abatement
Actions. A request for aAn administrative hearing shall not be required for the person subject
to on the issuance of a Ccease and Ddesist Oorder or following an Eemergency Aabatement
Aaction. An administrative hearing on the issuance of a Cease and Desist Order or following
an Emergency Abatement Action shall be held within five (5) business days following the
issuance of the oOrder or the Emergency action of aAbatement Action shall be held within five
(5) business days following the issuance of the Order or the Emergency Abatement, unless the
hearing (or the time requirement for the hearing) is waived in writing by the party subject to
the cease and desist order or the emergency abatement. A request for an administrative hearing
shall not be required from the person subject to the cease and desist order or the emergency
abatement action.
89. Hearing Proceedings. The Aauthorized Iinspector shall appear in support of the Notice
of Noncompliance, Compliance Order, Cease and Desist Order, Order for Recovery of Costs
or Emergency Abatement Action, notice, order, determination, invoice for costs or emergency
abatement action, and the appealing party shall appear in support of withdrawal of the same
notice, order, determination, invoice for costs, or in opposition to the emergency abatement
action. The City shall have the burden of supporting any enforcement or other action by a
preponderance of the evidence. Each party shall have the right to present testimony and other
documentary evidence as necessary for explanation of the case.
910. Final Decision and Appeal. The final decision of the hearing officer shall be issued
within ten (10) business days of the conclusion of the hearing and shall be delivered by first-
class mail, postage prepaid, to the appealing party. The final decision shall include notice that
any legal challenge to the final decision shall be made pursuant to the provisions of Code of
Civil Procedure Sections 1094.5 and 1094.6 and shall be commenced within ninety 90 days
following issuance of the final decision. (The administrative hearing fee paid by a prevailing
party in an appeal shall be refunded.)
Notwithstanding this paragraph 10, the final decision of the hearing officer in any preceding
determining the validity of a cease and desist order or following an emergency abatement
action shall be mailed within five (5)business days following the conclusion of the hearing.
1011. City Abatement. In the event of an illegal discharge of pollutants to the storm drain
system, the responsible party (property the owner of property, contractor, business owner, etc.)
shall be responsible for the cleanup of affected areas including all downstream conveyance
structures, affected public/private property, and receiving water bodies. However, the
Authorized Inspector may assign responsibility of the cleanup/abatement to City staff or
contract staff if the size, nature and complexity of the cleanup is beyond the capability of the
responsible party. If in the event of an illegal discharge of pollutants, the operator of a facility,
property owner a permittee or any other person fails to comply with any provision of a
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cCompliance Order schedule issued to such owner, operator, permittee or person pursuant to
this cChapter, the Aauthorized Iinspector may request the City Attorney to obtain an abatement
warrant or other appropriate judicial authorization to enter the property, abate the condition
and restore the area. Any costs incurred by the City in obtaining and carrying out an abatement
warrant or other judicial authorization may be recovered pursuant to this sSection.
B. Nuisance. Any condition in violation of the prohibitions of this cChapter, including, but not
limited to, the maintenance or use of any illicit connection or the occurrence of any prohibited
discharge, shall constitute a threat to the public health, safety and welfare, and is declared and
deemed a nuisance pursuant to Government Code Section 38771. At the request of the City
Manager, the City Attorney may seek a court order to enjoin and/or abate the nuisance pursuant to
the following procedure:
1. Court Order to Enjoin or Abate. At the request of the City Manager, the City Attorney
may seek a court order to enjoin and/or abate the nuisance.
21. Notice to Owner and Occupant. Prior to seeking any court order to enjoin or abate a
nuisance or threatened nuisance, the Aauthorized Iinspector shall provide notice of the
proposed injunction or abatement to the owner and occupant, if any, of the property where the
nuisance or threatened nuisance is occurring.
32. Emergency Abatement. In the event the nuisance constitutes an iImminent dDanger to
public safety or the environment, the Aauthorized Iinspector may enter the property from
which the nuisance emanates, abate the nuisance and restore any property affected by the
nuisance. To the extent reasonably practicable, informal notice shall be provided to the owner
or occupant prior to abatement. If necessary to protect the public safety or the environment,
abatement may proceed without prior notice to or consent from the owner or occupant thereof
and without judicial warrant, provided that an administration hearing pursuant to this Section
shall follow the abatement action.
a. An imminent danger shall include, but is not limited to, exigent circumstances
created by the dispersal of pollutants, where the same presents a significant and
immediate threat to the public safety or the environment.
b. Notwithstanding the authority of the City to conduct an emergency abatement
action, an administrative hearing pursuant to this section shall follow the abatement
action.
43. Reimbursement of Costs. All costs incurred by the City in responding to any nuisance,
all administrative expenses and all other expenses recoverable under state law, shall be
recoverable from the person(s) creating, causing, committing, permitting or maintaining the
nuisance.
54. Nuisance Lien. All costs shall become a lien against the property from which the
nuisance emanated and a personal obligation against the owner thereof in accordance
with Government Code Sections 38773.1 and 38773.5. The owner of record of the property
subject to any lien shall be given notice of the lien prior to recording as required
by Government Code Section 38773.1.
At the direction of the Aauthorized Iinspector, the City Attorney is authorized to collect
nuisance abatement costs or enforce a nuisance lien in an action brought for a money judgment
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or by delivery to the County Assessor of a special assessment against the property in accord
with the conditions and requirements of Government Code Section 38773.5.
C. Criminal Sanctions.
1. Prosecutor. The City Attorney may act on the request of the Aauthorized Iinspector to
pursue enforcement actions in accordance with the provisions of this cChapter.
2. Infractions. Notwithstanding Chapter 1.16 of this any penalty ordinance in the cCode,
any person who may otherwise be charged with a misdemeanor under this cChapter may be
charged, at the discretion of the City Attorney, with an infraction punishable by a fine of not
more than one hundred dollars $100.00 for a first violation, two hundred dollars $200.00 for a
second violation, and a fine not exceeding five hundred dollars $500.00 for each additional
violation occurring within one year.
3. Misdemeanors. Any person who negligently or knowingly violates any provision of this
cChapter, undertakes to conceal any violation of this chapter, continues any violation of this
cChapter after notice thereof, or violates the terms, conditions and requirements of any permit
issued pursuant to this cChapter, shall be guilty of a misdemeanor punishable by a fine of not
more than one thousand dollars $1,000.00 or by imprisonment for a period of not more than six
(6) months, or both.
D. Administrative Citations.
1. Violations of this Chapter are subject to issuance of administrative citations under the
provisions of Chapter 1.18 of this Code.
DE. Consecutive Violations. Each instance day in which a business, property owner, or other
persons fails to comply with the correction date(s) and time(s) established in a Notice of
Noncompliance, an Administrative Citation, violation occurs and each separate failure to comply
with either a separate provision of this chapter an aAdministrative cCompliance oOrder, or a cCease
and dDesist order or a permit issued pursuant to this chapter, shall constitute a separate violation of
this cChapter punishable by fines or sentences issued in accordance herewith.
EF. Nonexclusive Remedies. Each and every remedy available for the enforcement of this
cChapter, shall be nonexclusive and it is within the discretion of the Aauthorized Iinspector or City
Attorney to seek cumulative remedies, except that multiple monetary fines or penalties shall not be
available for any single violation of this cChapter.
FG. Citations. Pursuant to Penal Code Section 836.5, the Aauthorized Iinspector shall have the
authority to cause the arrest of any person committing a violation of this cChapter. The person shall
be released and issued a citation to appear before a magistrate in accordance with Penal
Code Sections 853.5, 853.6 and 853.9, unless the person demands to be taken before a magistrate.
Following issuance of any citation the Aauthorized Iinspector shall refer the matter to the City
Attorney.
Each citation to appear shall state the name and address of the violator, the provisions of this
cChapter violated, and the time and place of appearance before the court, which shall be at least ten
(10) business days after the date of violation. The person cited shall sign the citation giving his or
her written promise to appear as stated therein. If the person cited fails to appear, the City Attorney
may request issuance of a warrant for the arrest of the person cited.
GH. Violations of Other Laws. Any person acting in violation of this cChapter also may be
acting in violation of the Federal Clean Water Act or the State Porter-Cologne Act and other laws
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and also may be subject to sanctions including civil liability. Accordingly, the City Attorney is
authorized to file a citizen suit pursuant to Federal Clean Water Act Section 505(a), seeking
penalties, damages, and orders compelling compliance and other appropriate relief. The City
Attorney may notify EPA Region IX, the Santa Ana or San Diego Regional Water Quality Control
Boards, or any other appropriate state or local agency, of any alleged violation of this cChapter.
HI. Injunctions. At the request of the Aauthorized Iinspector, the City Attorney may cause the
filing in a court of competent jurisdiction of a civil action seeking an injunction against any
threatened or continuing noncompliance with the provisions of this chapter.
IJ. Order for Reimbursement. Any temporary, preliminary or permanent injunction issued
pursuant hereto may include an order for reimbursement to the City of all costs incurred in enforcing
this cChapter, including costs of inspection, investigation and monitoring, the costs of abatement
undertaken at the expense of the City, costs relating to restoration of the environment and all other
expenses as authorized by law.
JK. Other Civil Damages Remedies. The Authorized Inspector may request the City Attorney
file:
1. The authorized inspector may cause the City Attorney to file aAn action for civil damages
in a court of competent jurisdiction seeking recovery of (a) all costs incurred in enforcement of
this cChapter, including but not limited to costs relating to investigation, sampling, monitoring,
inspection, administrative expenses, all other expenses as authorized by law, and consequential
damages; (b) all costs incurred in mitigating harm to the environment or reducing the threat to
human health, and (c) damages for irreparable harm to the environment.
2. The City Attorney is authorized to file actions for civil damages resulting from any
trespass or nuisance occurring on public land or to the stormwater drainage system from any
violation of this cChapter where the same has caused damage, contamination or harm to the
environment, public property or the stormwater drainage system.
3. The remedies available to the City pursuant to the provisions of this cChapter shall not
limit the right of the City to seek any other remedy that may be available by law.
14.25.070 Discharge Permit Procedure Interagency Cooperation
A. Permit. On application of the owner of property or the operator of any facility, which property
or facility is not otherwise subject to the requirements of a state general permit or a National
Pollution Discharge Elimination System Permit regulating stormwater discharges, the Director of
Public Works may issue a permit authorizing the release of non-stormwater discharges to the
stormwater drainage system if:
1. The discharge of material or constituents is reasonably necessary for the conduct of
otherwise legal activities on the property; and
2. The discharge will not cause a nuisance, impair the beneficial uses of receiving waters, or
cause any reduction in established water quality standards.
B. Application. The applicant shall provide all information requested by the Director of Public
Works for review and consideration of the application, including but not limited to specific detail as
to the activities to be conducted on the property, plans and specifications for facilities located on the
property, identification of equipment or processes to be used on-site and other information as may
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be requested in order to determine the constituents, and quantities thereof, which may be discharged
if permission is granted.
C. Permit Issuance. The permit shall be granted or denied by the Director of Public Works, or
his or her designated representative, no later than 60 business days following the completion and
acceptance of the application as determined by the Director of Public Works.
The applicant shall be notified in person or by first-class mail, postage prepaid, of the action taken.
D. Permit Conditions. The permit may include terms, conditions and requirements to ensure
compliance with the objectives of this chapter and as necessary to protect the receiving waters,
including but not limited to:
1. Identification of the discharge location on the property and the location at which the
discharge will enter the stormwater drainage system;
2. Identification of the constituents and quantities thereof to be discharged into the
stormwater drainage system;
3. Specification of pollution prevention techniques and structural or nonstructural control
requirements as reasonably necessary to prevent the occurrence of potential discharges in
violation of this chapter;
4. Requirements for self-monitoring of any discharge;
5. Requirements for submission of documents or data, such as technical reports, production
data, discharge reports, self-monitoring reports and waste manifests; and
6. Other terms and conditions appropriate to ensure compliance with the provisions of this
chapter and the protection of receiving waters, including requirements for compliance with
best management practices guidance documents approved by any federal, State of California or
regional agency.
E. General Permit. At the discretion of the Director of Public Works, the permit may, in
accordance with the conditions identified in this section, be prepared as a general permit applicable
to a specific category of activities. If a general permit is issued, any person intending to discharge
within the scope of the authorization provided by the general permit may do so by filing an
application to discharge with the Director of Public Works. No discharge within the scope of the
general permit shall occur until such application is so filed.
Notwithstanding the foregoing in this subsection, the Director of Public Works, at his or her
discretion, may eliminate the requirement that an application for a general permit be filed for any
specific activity for which a general permit has been issued.
F. Permit Fees. The permission to discharge shall be conditioned upon the applicant’s payment
of the City’s costs, in accordance with a fee schedule adopted by separate resolution, as follows:
1. For individually issued permits, the costs of reviewing the permit application, preparing
and issuing the permit, and the costs reasonably related to administrating this permit program.
2. For general permits, the costs of reviewing the permit application, that portion of the costs
of preparing the general permit which is reasonably attributable to the permittee’s application
for the general permit, and the costs reasonably related to administering the general permit
program.
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A. The City intends to cooperate with other agencies with jurisdiction over stormwater discharges
to ensure that the regulatory purposes underlying stormwater regulations promulgated pursuant to
the Clean Water Act (33 USC Section 1251 et seq.) are met.
B. The City may, to the extent authorized by law, elect to contract for the services of any public
agency or private enterprise to carry out the planning approvals, inspections, permits and
enforcement authorized by this Chapter.
14.25.080 Permit Suspension, Revocation or Modification Miscellaneous
A. The Director of Public Works may suspend or revoke any permit when it is determined that:
1. The permittee has violated any term, condition or requirement of the permit or any
applicable provision of this chapter; or
2. The permittee’s discharge or the circumstances under which the discharge occurs have
changed so that it is no longer appropriate to except the discharge from the prohibitions on
prohibited discharge contained within this chapter; or
3. The permittee fails to comply with any schedule for compliance issued pursuant to this
chapter; or
4. Any regulatory agency, including EPA or a Regional Water Quality Control Board having
jurisdiction over the discharge, notifies the City that the discharge should be terminated.
B. The Director of Public Works may modify any permit when it is determined that:
1. Federal or state law requirements have changed in a manner that necessitates a change in
the permit; or
2. The permittee’s discharge or the circumstances under which the discharge occurs have
changed so that it is appropriate to modify the permit’s terms, conditions or requirements; or
3. A change to the permit is necessary to ensure compliance with the objectives of this
chapter or to protect the quality of receiving waters.
The permittee, or, in the case of a general permit, each person who has filed an application pursuant
to Section 14.25.070, shall be informed of any change in the permit terms and conditions at least 45
business days prior to the effective date of the modified permit.
C. The determination that a permit shall be denied, suspended, revoked or modified may be
appealed by a permittee pursuant to the same procedures applicable to appeal of an administrative
compliance order hereunder. In the absence of a judicial order to the contrary, the permittee may
continue to discharge pending issuance of the final administrative decision by the hearing officer.
D. Permit Enforcement.
1. Penalties. Any violation of the terms, conditions and requirements of any permit issued
by the Director of Public Works shall constitute a violation of this chapter and subject the
violator to the administrative, civil and criminal remedies available under this chapter.
2. Compliance with the terms, conditions and requirements of a permit issued pursuant to
this chapter shall not relieve the permittee from compliance with all federal, state and local
laws, regulations and permit requirements applicable to the activity for which the permit is
issued.
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a. Limited Permittee Rights. Permits issued under this chapter are for the person or
entity identified therein as the “permittee” only, and authorize the specific operation at
the specific location identified in the permit. The issuance of a permit does not vest the
permittee with a continuing right to discharge.
b. Transfer of Permits. No permit issued to any person may be transferred to allow:
i. A discharge to the stormwater drainage system at a location other than the
location stated in the original permit; or
ii. A discharge by a person other than the person named in the permit, provided,
however, that the City may approve a transfer if written approval is obtained, in
advance, from the Director of Public Works.
A. Compliance Disclaimer. Full compliance by any person or entity with the provisions of this
Chapter shall not preclude the need to comply with other local, state or federal statutory or
regulatory requirements, which may be required for the control of the discharge of pollutants into
stormwater and/or the protection of stormwater quality.
B. Severability. If any provision of this Chapter or the application of the ordinance to any
circumstance is held invalid, the remainder of the ordinance or the application of the ordinance to
other persons or circumstances shall not be affected.
14.25.090 Interagency Cooperation Judicial Review
A. The City intends to cooperate with other agencies with jurisdiction over stormwater discharges
to ensure that the regulatory purposes underlying stormwater regulations promulgated pursuant to
the Clean Water Act (33 USC Section 1251 et seq.) are met.
B. The City may, to the extent authorized by law, elect to contract for the services of any public
agency or private enterprise to carry out the planning approvals, inspections, permits and
enforcement authorized by this chapter.
The provisions of Sections 1094 and 1094.6 of the Code of Civil Procedure set forth the procedure
for judicial review of any act taken pursuant to this Chapter. Parties seeking judicial review of any
action taken pursuant to this chapter shall file such action within ninety (90) days of the occurrence
of the event for which review is sought.
14.25.100 Miscellaneous
A. Compliance Disclaimer. Full compliance by any person or entity with the provisions of this
cChapter shall not preclude the need to comply with other local, state or federal statutory or
regulatory requirements, which may be required for the control of the discharge of pollutants into
stormwater and/or the protection of stormwater quality.
B. Severability. If any provision of this chapter or the application of the ordinance to any
circumstance is held invalid, the remainder of the ordinance or the application of the ordinance to
other persons or circumstances shall not be affected.
C. Repeal of Prior Ordinance. The enactment of this chapter by the City shall repeal the
provisions of County Ordinance No. 703, enacted for the permitting of discharges of industrial
waste to ground or surface waters and no new discharge permits shall be issued thereunder;
provided, however, that connection to discharge under the terms and conditions of any individual
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discharge permit issued prior to the date of enactment of the water quality ordinance shall be
allowed hereunder as a legal nonconforming connection.
14.25.110 Judicial Review
The provisions of Sections 1094 and 1094.6 of the Code of Civil Procedure set forth the procedure for
judicial review of any act taken pursuant to this chapter. Parties seeking judicial review of any action
taken pursuant to this chapter shall file such action within ninety (90) days of the occurrence of the event
for which review is sought.
139
Introduction of Ordinance No. 4206
REPEALING CHAPTER 14.24 (WATER POLLUTION ORDINANCE)
&
AMENDING CHAPTER 14.25 (STORMWATER & URBAN RUNOFF MANAGEMENT ORDINANCE)
140
Repealing of Chapter 14.24
(Water Pollution Ordinance)
Purpose of Repealing Chapter 14.24:
Superseded by Chapter 14.25 (Stormwater & Urban Runoff
Management Ordinance).
Does not comply with current federal & state stormwater
regulations.
Industrial Wastewater discharge permits to sanitary sewer system are
issued by Orange County Sanitation District not Director of Public
Works.
141
Amending Chapter 14.25 (Stormwater &
Urban Runoff Management Ordinance)
Adopted in 1997 to comply with then current federal and state
regulations regarding protecting water quality of surface waters.
Primary purposes: Protection of public health & water quality of
local beaches, rivers, and streams.
Established enforcement mechanisms for violations of water
pollution regulations.
142
Amending Chapter 14.25 (Stormwater &
Urban Runoff Management Ordinance)
Amendments to Chapter 14.25:
Deletion of language that authorizes Director of Public Works to issue stormwater
discharge permits. Discharge permits are issued by State.
Authorizes City staff to deem exempted discharges as “nuisance” if discharges result
in negative downstream impacts.
Deletion of language that authorizes City to wash down streets without recovery –this
is not compliant with current regulations.
Defines fugitive dust as prohibited discharge. 143
City of Huntington Beach
File #:20-1664 MEETING DATE:6/1/2020
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Oliver Chi, City Manager
PREPARED BY: Ursula Luna-Reynosa, Director of Community Development
Subject:
Approve a program to allow Temporary Emergency Outdoor Commercial Activity on Private
and Public Property during the COVID-19 pandemic
Statement of Issue:
On May 18, 2020, Council Members Brenden and Posey introduced an H-Item to direct staff to
develop a program that would temporarily allow conversion of adjacent public and private spaces into
outdoor dining areas for restaurants. After discussion, the City Council directed staff to develop a
program for Council consideration that would allow the temporary conversion of adjacent public and
private spaces into outdoor dining and retail use to provide local businesses with the opportunity for
greater customer capacity (up to but not exceeding the capacity limits that were in effect prior to the
COVID-19 restrictions).
Staff has prepared a regulatory framework to allow businesses to quickly expand into private and
public spaces in order to allow patrons to frequent local businesses in a safe manner during the Local
Declaration of Emergency as follows:
1. Authorize the City Manager, and his designee, to expand the Temporary Emergency Use
Permit to allow outdoor business expansion; and
2. Authorize the City Manager, and his designee, to expand the use of temporary signs and
banners and approve minor deviations from design standards associated with Temporary
Emergency Use Permits as described in item 1, above; and
3. Forego all fees associated with processing Temporary Emergency Use Permits and Temporary
Signs and Banners as described in items 1 and 2, above.
Additionally, based on City discussions regarding this particular matter, the Downtown BID did initiate
a survey to their members to better understand the needs of downtown businesses given California’s
and Orange County’s phased reopening of the economy, particularly as it relates to utilizing public
right-of-way to accommodate social distancing requirements. It was shared with the City that an
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overwhelming majority of survey respondents indicated a preference for instituting temporary
adjustments along Main Street (an in particular, the second block of Main Street) during the phased
reopening to support current business needs during this phased reopening of the economy.
To that end, staff is also seeking authorization from the City Council to engage with the Downtown
BID to discuss the implementation of a pilot program focused on the second block of Main Street
during the phased recovery, as further outlined in this report.
Financial Impact:
The City’s current established fee for a Temporary Use Permit for extended periods of outdoor uses
is $5,096 and requires a public hearing before the Zoning Administrator. In addition, temporary
outdoor events with a shorter duration (no more than 4 days, once every three months) are
processed via an over-the-counter Temporary Activity Permit with a $270 filing fee. Finally, the
established fee for a Temporary Sign/Banner permit is $93.
Based on the proposed program developed for City Council consideration, staff would recommend
that all fees associated with the Temporary Emergency Use Permit program be waived, which will
result in reduced permit fee collections. However, it is anticipated that any permit fee costs would
generally be offset by increased sales tax revenue to the City as businesses return to pre-COVID
conditions.
Finally, there is no fiscal impact associated with exploring a pilot program for downtown. If Council
authorizes such exploration, staff will return at the next City Council meeting with a program and
associated costs.
Recommended Action:
A) Confirm that allowing temporary emergency outdoor commercial activity on private and public
property with issuance of a Temporary Emergency Use Permit during the period of the emergency is
reasonably related to the protection of property being impacted by the COVID-19 emergency, and
allow the City Manager, or his designee, to implement the temporary emergency use permit process;
and,
B) Confirm that allowing a Temporary Sign/Banner Permit in conjunction with issuance of a
Temporary Emergency Use Permit during the period of the emergency is reasonably related to the
protection of property being impacted by the COVID-19 emergency, and allow the City Manager, or
his designee, to implement the temporary sign and banner permit process including minor design
deviations; and,
C) Forego all fees associated with Temporary Emergency Use Permits and associated
Temporary Sign/Banner Permits; and,
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D) Direct and authorize staff to engage with the Downtown BID to develop a possible Downtown
Pilot Program along the Second Block of Main Street, and return with program details for formal City
Council consideration at the June 15th City Council meeting.
Alternative Action(s):
Do not approve the program, and provide staff with additional direction.
Analysis:
The State of California and Orange County are taking a phased approach to reopening the economy ,
As stated in the City Council adopted Resolution 2020-15 declaring a local emergency, “The City
Manager, and Director of Emergency Management under Huntington Beach Municipal Code
Chapter 8.60, is hereby the authorized representative of the City of Huntington Beach for all
purposes and to take all action for the preparation, mitigation, response and recovery from the
COVID-19 pandemic.”
Typically, a standard imposed by the City Council can only be amended by the City Council.
However, the declaration of local emergency allows flexibility to rapidly respond to emergencies,
including adopting temporary use permit procedures to aid in economic recovery from the pandemic.
This analysis recommends an outdoor commercial activity plan for temporary expansions on private
and public property, and seeks direction from the City Council regarding a Pilot Program for the
Downtown business improvement district.
PRIVATE PROPERTY
In accordance with the local emergency declaration and the City Council’s recent direction,
restaurants and commercial establishments with access to private sidewalks and/or private parking
may utilize portions of these areas for dining, retail, or personal services, provided certain safety
criteria are met, the landlord or property-owner agrees, and approval of a Temporary Emergency
Use Permit, (reviewed administratively by the Community Development, Public Works, Fire, and
Police Departments) is obtained.
An overall summary and highlights of the Temporary Emergency Use Permit standards are
described below. However, the complete detailed criteria is included in Attachment No. 1. The
Temporary Use Permit Application can be found in Attachment No. 2.
Applicability Summary
·Private Sidewalks and Parking Lots. Businesses and institutions with access to private
sidewalks and/or private parking lots may utilize portions of these areas for dining, retail sales,
personal services, religious assembly, and curbside pick-up.
·Uses and Businesses Identified by State and County Order Can Operate. The uses and
businesses allowed to operate outdoors shall only be those identified by the State and Orange
County Health Care Agency. As the State and County expand the list of businesses allowed to
operate, the list of uses that can operate outdoors in Huntington Beach will automatically
expand accordingly.
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·Uses with Licenses or Approvals by Other Agencies. Businesses that are subject to
operating under other licenses or agency approval (ABC, Cosmetology, Health Care Agency,
etc.) shall continue to be subject to those operational standards.
·Duration. The Temporary Emergency Use Permit shall terminate when: (a) the local
emergency proclaimed on March 16, 2020 (as may be extended), is no longer in effect; or (b)
the State and County allow resumption of normal and full commercial operations. As a use or
business is permitted to resume full and normal operations, they shall abandon outdoor
operations, relocate back indoors, and restore outside areas to original conditions.
Permit Process Summary
·Temporary Emergency Use Permit (TEUP) application. The application will be responded
to within two business days. There will be no application fee.
·Commercial Centers. If there are multiple tenants in a commercial center, it is highly
encouraged that a TEUP for an entire center be submitted by the property manager.
Commercial centers may create communal areas for multiple businesses to utilize.
·Individual Uses and Businesses in Commercial Centers . The temporary outdoor
commercial activity area shall be limited to the sidewalk/plaza/parking area directly in front of
the store. The length of the outdoor commercial activity area shall be limited to the leasehold
frontage, and the depth will be dependent upon the required ADA and social distancing
clearances.
Criteria for Temporary Outdoor Commercial Activity Summary
a. Permitted Locations (General)
·Within private parking lots, plazas, and sidewalks when the safety criteria described herein is
met.
·The use of removable barriers to define outdoor commercial activity areas, seating areas,
curbside pick-up areas, pedestrian paths, vehicular paths is permissible. There is no limitation
as to the type of temporary barriers, but they must clearly serve the intended purpose and
ensure public safety.
b. Private Sidewalks and Plazas
·Tenants may use the sidewalk or plaza directly in front of their business.
·The temporary outdoor commercial area and/or pedestrian path shall be physically separated
from pedestrian and vehicular paths and clearly demarked by durable and removable barriers.
·No tables, chairs, umbrellas or other fixtures shall be permitted within the pedestrian path.
·Access to public utilities, building entrances/exits, ADA facilities, fire hydrants, and fire hose
connections for sprinkler systems shall not be obstructed by barriers or seating.
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c. Parking Lots
·As approved for a commercial center, tenants may convert a portion of the parking lot near
their business for temporary outdoor commercial activity. Individual tenants may not utilize
private parking lots of a commercial center without a TEUP first approved for the entire
commercial center. Cement or water barriers (or similar) shall protect outdoor commercial
activity within parking lots.
·Up to 50% of off-site private parking in a center may be converted to outdoor commercial
activity.
·No parking for disabled persons may be repurposed, unless replaced and demarked
elsewhere in the center.
·Landscape areas shall not be used or converted for parking, outside seating, or commercial
activities.
·Vehicular paths and curbside pick-up areas must be clearly marked and signed to ensure
pedestrian safety.
·Marked fire access lanes shall be maintained.
d. Tents and Other Shade Structures
·Tents that are 10 feet by 10 feet in size or smaller may be erected in the approved outdoor
commercial activity areas. Tents or shade structures that are larger than 10 feet by 10 feet in
size must comply with Fire Department requirements.
·Tents shall be properly anchored; allow for airflow; no heaters; no smoking.
e. Operational Criteria
·The hours of operation of the temporary outdoor commercial activity area for all business
types shall be restricted to 7:00 AM - 10:00 PM only, including set-up and breakdown
activities.
·Vehicular circulation/access lanes must be kept clear at all times.
·Driveways must be kept clear at all times to prevent cars from stacking into streets. This may
require that parking lot monitors be employed by the business and/or commercial center.
·Temporary banners advertising the business may be permitted in conjunction with TEUP. One
banner per tenant and three banners for the commercial center shall be allowed.
·There is no limit on directional and safety signage (e.g., one way, exit only, maintain social
distancing, etc.) that does not contain advertisements.
·Space heaters are permitted if they are an outdoor approved type, and are located at least five
(5) feet from the edge of any umbrella canvas, any foliage, or any other flammable object or
material.
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·No heating, cooking, or open flames are permitted.
·Tents, umbrellas and other decorative material shall be fire-retardant, pressure-treated , or
manufactured of fire-resistant material.
·No outdoor amplified noise or live entertainment shall be permitted as part of the TEUP. A
separate, Entertainment Permit, consistent with the normal application process, may be
submitted for amplified noise or live entertainment.
·The business and property manager shall be responsible for cleaning up trash as needed, but
at a minimum of two times per day.
·Keep it simple. Limit visual clutter (banners, flags, signs, etc.) so public can easily navigate
access to pick-up areas.
f. Outdoor Seating
·Maintain a 6 ft. separation between each table, including chairs.
·If people are at a table together, they do not need to be 6 ft. apart. Each table grouping needs
to be 6 ft. from other tables measured from the back of each chair, chair-to-chair.
·Identify the total capacity of each outdoor area; the maximum number of customers or patrons
permitted within the outdoor seating area shall be based on available seats; there shall be no
standing permitted. Total capacity of combined indoor and outdoor areas shall not exceed the
total interior maximum seating capacity pre-COVID.
g. Alcoholic Beverages
·Prior to sales, service, or consumption of alcoholic beverages the business shall have a valid
ABC license. Businesses must only serve what is allowed on their current license type.
·Alcohol may only be served in conjunction with food service in outdoor areas.
·Only an employee, and not a patron, will be permitted to carry an alcoholic beverage from the
interior portion of the premises to said patio area, or from said patio area to the interior portion
of the premises.
·Plastic cups only, no glasses or glass bottles allowed; proper signage; illumination; and 36
inch high barrier.
·All must obey all state, local, and municipal laws, and conditions of the Conditional Use
Permit, Alcoholic Beverage Control License and any other regulations, provisions, or
restrictions prescribed by a regulatory authority with jurisdiction over the premise at all times.
4. Business Responsibilities for Outdoor Commercial Activity
·Maintain and secure the removable barriers per the approved plans and all materials located
inside the commercial outdoor activity areas.
·The business shall provide evidence of general liability insurance in the amount of $1,000,000,
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and an endorsement naming the city of Huntington Beach as an additional insured.
·By signing and accepting the TEUP, the applicant accepts the benefits conferred by the permit
subject to the conditions imposed therein. By accepting the right to operate pursuant to the
TEUP, the applicant waives all rights to challenge any condition imposed as unfair or
unreasonable.
·The applicant understands that there are inherent safety concerns when operating outdoors,
especially in a parking lot, and by signing the TEUP the applicant agrees to indemnify, hold
harmless, and defend the City, its officers, agents and employees, from any and all liability or
claims that may be brought against the City arising out of its approval of the TEUP.
·The City is not responsible for any damages or loss of equipment installed pursuant to an
approved TEUP.
5. Revocation
·The City reserves the right to revoke, without a public hearing, any outdoor commercial activity
area that: (i) creates an obstruction to, or causes congestion of, pedestrian or vehicular traffic
on the surrounding public right-of-way; (ii) if it finds the installation represents a danger to the
health, safety or general welfare of the public; or (iii) a business violates the requirements of a
TEUP.
·The applicant shall comply with all federal, state, and local laws. Violations of any of those
laws in connection with the use will be cause for revocation of this TEUP.
PUBLIC PROPERTY
When the City allows a private business to utilize public property for commercial activity, in addition to
any Planning permits, Public Works also issues an encroachment permit and/or a License and
Maintenance Agreement. Staff is recommending that an encroachment permit incorporating
applicable provisions of the TEUP process and criteria described above be utilized for public
property; however, there may be a few additional terms included to protect the City’s property. No
fees or “rent” will be collected during this emergency period.
Downtown offers a unique environment in that it is an area of continuous storefronts owned by
multiple property owners, unlike a managed shopping center. Further, the sidewalks, on-street
parking spaces, and streets are publicly owned. The ability for business owners to utilize public
parking spaces as parklets (see Attachment 3), does offer an opportunity for businesses to expand
outdoors, but it also poses some safety concerns and potential liability for the City.
Based on the City’s discussion to date regarding establishment of the Temporary Emergency Use
Permit program, the Downtown BID initiated a survey of their members to better understand
downtown business needs as we enter a phased reopening of the local economy. Survey results
reported by the Downtown BID indicate overwhelmingly strong support for instituting a temporary
physical modification of the Main Street to accommodate social distancing requirements.
·54 businesses responded to the survey, which is the highest response rate that the Downtown
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BID has received for any survey that they have issued.
·Of those that responded, 83.7% of respondents favored some type of temporary modification
to Main Street to help facilitate / adjust to new social distancing rules for restaurants and retail
operations.
·The second block of Main Street was also identified as the most desirable Downtown location
to explore a modification.
Based on those survey results and informal discussions with the Downtown BID, staff is seeking City
Council direction and authorization to engage with the Downtown BID to explore development of a
pilot program located along the second block of Main Street during the current phased recovery.
As staff has researched this item, we’ve identified that many other cities in the region are considering
similar ideas, including the cities of Laguna Beach, Long Beach, and Manhattan Beach . All three of
those jurisdictions is working with a firm called Choura Events to develop communal outdoor dining
and retail environments within certain business districts. Based on that feedback, staff reached out
to Choura Events, who prepared a slide deck that depicts a high-level concept that could be
implemented on the Second Block of Main Street (Attachment 4).
Should the City Council authorize engagement with the Downtown BID to explore a pilot program for
the second block of Main Street during the phased recovery, staff will return at the June 15 th City
Council meeting with a detailed plan that addresses the following areas:
·Traffic and Circulation: Analyze any impacts to Level of Service (LOS) on adjacent
intersections and circulation in downtown;
·Parking: Identify the number of parking spaces that will be taken out of service and potential
mitigations;
·Security Plan: Identify how the area will be secured to ensure the area is maximizing
commerce opportunities;
·COVID-19 Sanitation Plan: Identify sanitation measures to help prevent the spread of COVID-
19;
·Public Art Opportunity: Identify ways to engage the local art community to beautify the area by
providing exhibit areas to showcase work for sale and providing a stage area for performing
arts;
·A contract with Choura Design that outlines a menu of services and associated costs specific
to Huntington Beach for City Council’s consideration;
·A Return on Investment analysis that projects anticipated revenue capture from the investment
in a temporary Main Street promenade.
Environmental Status:
Establishing a Temporary Emergency Use Permit process during the COVID-19 pandemic is exempt
from California Environmental Quality Act pursuant to CEQA Section 15061 (b)(3), which exempts
projects where it can be seen with certainty that there is no possibility that the activity may have a
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significant effect on the environment. Directing staff to explore a pilot program to explore closing a
portion of Main Street is not a project under CEQA as such exploration will not result in any effect on
the environment.
Strategic Plan Goal:
Strengthen long-term financial and economic sustainability
Attachment(s):
1. TEUP Outdoor Activity Criteria for Private Property
2. TEUP Application for Private Property
3. Concept Parklet Design
4. Concept Pilot Program
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CITY OF HUNTINGTON BEACH
COVID-19 TEMPORARY EMERGENCY USE PERMIT
OUTDOOR COMMERCIAL ACTIVITY
PRIVATE PROPERTY CRITERIA
The City of Huntington Beach would like to ensure businesses have the ability to operate safely
and successfully during the COVID-19 economic recovery. In order to maintain social distancing
and safety protocols and allow businesses to recreate some level of pre-COVID 19 capacity, the
City is allowing flexibility in parking and other standards to permit businesses to operate
outdoors on a temporary basis.
This is a discretionary permit. Providing the information detailed in this memorandum and on
the forms referenced herein is not a guarantee of permit approval. The City at its sole
discretion may approve or deny the issuance of a permit.
1. Applicability
Private Sidewalks and Parking Lots. Businesses and religious institutions with access to
private sidewalks and/or private parking lots may utilize portions of these areas for
dining, retail sales, personal services, and curbside pick-up.
Uses and Businesses Identified by State and County Order can Operate. The uses and
businesses that will be allowed to operate outdoors shall only be those that have been
identified by the State and Orange County Health Care Agency. As the State and County
expand the list of businesses that are allowed to operate, the list of uses that can
operate outdoors in Huntington Beach will automatically expand accordingly.
Uses with Licenses or Approvals by Other Agencies. Businesses that are subject to
operating under other licenses or agency approval (ABC, Cosmetology, Health Care
Agency, California Coastal Commission, etc.) shall continue to be subject to those laws
and/or operational standards.
Duration. The Temporary Emergency Use Permit does not confer any type of property
interest and may not be construed as such. Permittee expressly agree that as a
condition of receiving a permit, the City may terminate the permit at any time without
any due process including notice or hearings. The Permit shall automatically terminate
when: (a) the local emergency proclaimed on March 16, 2020, (as may be extended) is
no longer in effect; or (b) the State and County allow resumption of normal and full
commercial operations. Permittees expressly agree that as as a use or business is
permitted to resume full and normal operations, they shall aban don outdoor
operations, relocate back indoors, and restore outside areas to original conditions at
their sole cost and expense.
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2. Permit Process
Temporary Emergency Use Permit application. Please complete a Temporary
Emergency Use Permit Application and return to the Planning Division. Your application
will be reviewed for completeness upon receipt by the Planning, Building, Public Works,
Fire, and Police Departments and responded to within two business days. Please email
your completed applications and fully dimensioned site plans to:
community.development@surfcity-hb.org . Be aware that hard copies submitted to City
Hall require 24-hour quarantine, which may delay response.
Commercial Centers. If there are multiple tenants in a commercial center, it is highly
encouraged that a Temporary Emergency Use Permit for an entire center be submitted
by the property manager. Individual businesses within a plan approved for the center
may then simply sign a Temporary Emergency Use Permit application and operate. Plans
for the Center must comply with the provisions contained herein and the property
manager shall be responsible for identifying the outdoor commercial activity area for
each tenant.
Individual Uses and Businesses in Commercial Centers. If a Temporary Emergency Use
Permit for the entire commercial center in which the individual use/business is located
has not been approved, businesses in commercial centers may complete a Temporary
Emergency Use Permit on an individual basis with approval of the property
owner/manager. In this case, the temporary outdoor commercial activity area shall be
limited to the sidewalk/plaza area directly in front of the store. The length of the
outdoor commercial activity area shall be limited to the leasehold frontage and the
depth will be dependent upon the required ADA and social distancing clearances. The
temporary outdoor commercial activity for an individual use/business shall comply with
all applicable provisions of these criteria.
Application Contents. In addition to a completed application, the Temporary Emergency
Use Permit application shall include a fully dimensioned site plan showing:
o The location of the outdoor commercial activity area(s) and pedestrian paths
with social distancing measurements.
o The vehicular and pedestrian circulation patterns, curb-side pick-up areas (if
any), outdoor commercial activity areas by tenant, outdoor seating areas with
seating/table plan and capacity clearly noted, pedestrian flow areas, any shade
structures, proposed measures to secure outdoor use areas, and for controlling
vehicle and pedestrian access to the area, and ADA path of travel.
o The location of equipment such as wash stations and hand sanitizing stations,
stations for staff set up and service, waste receptacles, and any storage
containers.
o The location of Fire protective equipment, fire lanes, and egress routes from
buildings.
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o If area is enclosed with barriers, state the proposed occupant load and show the
egress routes from the space.
3. Criteria for Temporary Outdoor Commercial Activity on Private Property
a. Permitted Locations (General).
Temporary outdoor commercial activity may occur within private parking lots, plazas,
and sidewalks when the safety criteria described herein is met.
The use of removable barriers to define outdoor commercial activity areas, seating
areas, curbside pick-up areas, pedestrian paths, vehicular paths is permissible. There is
no limitation as to the type of temporary barriers, but they must clearly serve the
intended purpose and ensure public safety.
Removable barriers shall be not located in Fire Department access lanes, egress paths,
or ADA pathways.
b. Private Sidewalks and Plazas
Tenants may use the sidewalk or plaza directly in front of their business for temporary
outdoor commercial activity as long as the egress and Americans with Disabilities Act
(ADA) pathways are kept clear to the public way. The width of the outdoor commercial
activity area shall not exceed the width of the frontage of the subject business. The
depth of the outdoor commercial activity area shall depend upon the other required
clearances described below. However, the property manager may approve alt ernative
locations, lengths, and sizes of outdoor commercial activity areas for individual tenants
in a Temporary Emergency Use Permit for the entire center.
Temporary outdoor commercial activity areas shall allow for at least a 4 ft. wide
separation between the outdoor commercial activity area and any obstructions (note:
some locations may require additional width if deemed a high pedestrian traffic area).
The temporary outdoor commercial area and/or pedestrian path shall be physically
separated from pedestrian and vehicular paths and clearly demarked by durable and
removable barriers.
The 4 ft. wide pedestrian path shall be measured from the outdoor commercial activity
boundary to the curb face and other large obstructions (e.g. planters, utility boxes). No
tables, or chairs, umbrellas or other fixtures shall be permitted within the pedestrian
path.
Access to public utilities, building entrances/exits, ADA facilities, fire hydrants, fire
department connections, or fire extinguishers shall not be obstructed by barriers or
seating.
c. Parking Lots
As approved for a commercial center, tenants may convert a portion of the parking lot
near their business for temporary outdoor commercial activity. Individual tenants may
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not utilize private parking lots of a commercial center without a Temporary Emergency
Use Permit approved first for the entire commercial center.
All parking areas used for commercial activity must be appropriately secured from
vehicle entry and shall not prohibit adequate circulation within the open portions of the
parking lot. Examples of such security measures to prevent vehicles from entering the
seating or shopping area are cement or water barriers, temporary structures, or other
means subject to City approval.
Up to 50% of off-site private parking in a center may be converted to outdoor
commercial activity.
No parking for disabled persons may be repurposed – unless replaced and demarked
elsewhere in the center.
Landscape areas shall not be used or converted for parking, outside seating, or
commercial activities.
Vehicular paths and curbside pick-up areas must be clearly marked and signed to ensure
pedestrian safety.
The marked fire lane shall not be obstructed at any time. Modifications to the fire
department access lanes must be approved by HBFD.
d. Tents and Other Shade Structures
Tents that are 10 feet by 10 feet in size or smaller may be erected in the approved
outdoor commercial activity areas. Tents or shade structures that are larger than 10 feet
by 10 feet in size must comply with Chapter 31 of the California Fire Code and will
require a temporary operational permit from the HBFD.
If tents are staked, the parking lot must be repaired upon removal of the tent.
If not staked, all tent legs must be weighted by a minimum of 30 lbs. and weights must
be securely attached to canopy roof and canopy leg separately. Items that make
acceptable weights include: 5 gallon bucket full of water, sand, or concrete or sand bags.
Ropes and straps should be strong (bungee or rubber straps are prohibited).
Weights must be on the ground and not dangling.
Weights and lines must not pose a hazard and be clearly visible.
For maximum safety, do not leave tents unsecured at any time.
Heaters of any kind shall not be used under tents or umbrellas.
Smoking is prohibited under tents and shade structures.
Tents shall not have closed walls in place while open to the public and all sides should
be open for airflow.
For tents and other shade structures over 700 sq. ft. in area, a permit application must
be obtained from the Fire Department and all tents shall be inspected prior to use.
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e. Operational Criteria
The hours of operation of the temporary outdoor commercial activity area for all
business types shall be restricted to between 7:00AM – 10:00 PM only, including all
daily set-up and break-down activities.
Vehicular circulation/access lanes and all fire access roads must be kept clear at all
times.
Driveways must be kept clear at all times to prevent cars from stacking into streets. This
may require that parking lot monitors be employed by the business and/or commercial
center.
Temporary banners advertising the business may be permitted in conjunction with
Temporary Emergency Use Permit. One banner per tenant and three banners for the
commercial center shall be allowed. The maximum size shall be: 45 square feet in area
and 3 ft. by 15 ft. Banners shall be located on the temporary outdoor commercial
activity area for the tenant. Banners for the commercial center may be allowed within
the perimeter landscaped area but not within the corner/intersection visibility areas.
There is no limit on directional and safety signage (e.g. one way, exit only, maintain
social distancing, etc...) that does not contain advertisements.
Space heaters are permitted if they are an outdoor approved type, are located in
accordance with the manufacturer's recommendations, and are at least five (5) feet
from the edge of any umbrella canvas, any foliage, or any other flammable object or
material. Space Heaters shall not be located within a tent or membrane structure and
shall comply with the setback requirements stated below.
o “Five Foot” Rule for heaters CFC § 603.4.2.1
Heaters shall not be placed closer than 5 feet from buildings.
Heaters shall not obstruct the clear path of exits and must be at least 5
feet from exit or exit discharges.
Heaters shall maintain a minimum of 5 feet clearance from any
combustible material (e.g., umbrellas, sunshades, awnings, or similar
attachments)
No heating, cooking or open flames are permitted in the outdoor commercial activity
area.
Tents, umbrellas and other decorative material shall be fire -retardant, pressure-treated
or manufactured of fire-resistant material. No portion of an umbrella shall be less than
six (6) feet, eight (8) inches (eighty (80) inches) above the sidewalk.
No outdoor amplified noise or live entertainment shall be permitted.
The business and property manager shall be responsible for cleaning up trash as needed
but at a minimum of two times per day.
Keep it simple. Limit visual clutter (banners, flags, signs, etc.) so public can easily figure
out how to access the pick-up areas.
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f. Outdoor Seating
Maintain a 6 ft. separation between each table, including chairs.
If people are at a table together, they do not need to be 6 ft. apart. Each table grouping
needs to be 6 ft. from other tables measured from the back of each chair, chair -to-chair.
Identify the total capacity of each outdoor area; the maximum number of customers or
patrons permitted within the outdoor seating area shall be based on available seats;
there shall be no standing permitted.
The total capacity of dining areas shall not exceed the total interior maximum number of
seats pre-COVID. For example, if a restaurant was limited to a maximum of 12 seats
prior to the pandemic, the total seating capacity of both indoor and outdoor seatin g
areas shall not exceed 12 seats.
g. Alcoholic Beverages
Prior to sales, service or consumption of alcoholic beverages the business shall have a
valid ABC license. Businesses must only serve what is allowed on their current license
type.
Restaurants not currently permitted to sell alcohol will not be affected by this program.
When the temporary stay-at-home orders have been lifted in Orange County by the
State, a Copy of the completed COVID-19 Temporary Catering Authorization application
that has been approved by ABC (available here: https://www.abc.ca.gov/fourth-notice-of-
regulatory-relief/) shall be submitted.
Alcohol may only be served in conjunction with food service in outdoor areas.
Only an employee, and not a patron, will be permitted to carry an alcoholic beverage
from the interior portion of the premises to said outdoor area, or from said outdoor
area to the interior portion of the premises.
Plastic cups only, no glasses or glass bottles allowed in the temporary outdoor dining
area.
A sign shall be posted in a conspicuous space at the exit point in the outdoor area, which
shall state “NO ALCOHOLIC BEVERAGES BEYOND THIS POINT.”
The outdoor area shall have a physical barrier of no less than 36 inches in height
surrounding the outdoor dining area and designed in a manner that will prohibit passing
of alcohol through the barrier.
All areas where the sales, service, and consumption of alcoholic beverages will be
permitted must be sufficiently illuminated to permit the identification of patrons.
All owners, employees, representatives, and agents must obey all state, local, and
municipal laws, and conditions of the Conditional Use Permit, Alcoholic Beverage
Control License and any other regulations, provisions, or restrictions prescribed by a
regulatory authority with jurisdiction over the premise at all times.
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4. Business Responsibilities for Outdoor Commercial Activity
It shall be the responsibility of the business and/or property manager to maintain and
secure the removable barriers per the approved plans and all materials located inside
the commercial outdoor activity areas.
Maintenance (daily upkeep, litter cleanup, etc.) associated with business operations
shall be the responsibility of the business and/or property manager.
Permittee shall carry at all times incident hereto, on all activities to be performed in the
Permittees Area as contemplated herein, general liability insurance , including coverage
for bodily injury, and property damage. All insurance shall be underwritten by insurance
companies in forms satisfactory to City in its commercially reasonable discretion. Said
insurance shall name City, its officers, agents and employees as additional insureds. In
the event of aggregate coverage, Permittee shall immediately notify City of any known
depletion of limits. Permittee shall require its insurer to waive its subrogation rights
against City and agrees to provide certificates evidencing the same. Prior to accessing
and using the Permittee Area pursuant to this Agreement, Permittee shall furnish to City
certificates of insurance subject to approval of City evidencing the foregoing insurance
coverages as required by the Permit; said certificates shall provide the name and policy
number of each carrier and policy, and shall state that the policy is currently in force and
shall promise to provide that such policies will not be cancelled without thirty (30) days
prior written notice to City. Permittee shall maintain the foregoing insurance coverages
in force until the Permit is terminated.
The requirement for carrying the foregoing insurance shall not derogate from the
provisions for indemnification of Permittee by Permittee under th e Permit. City or its
representative shall at all times have the right to demand the original or a copy of all
said policies of insurance. A separate copy of the additional insured endorsement to
each of Permittee’s insurance policies, naming City, its officers, agents and employees as
additional insureds shall be provided to City for approval prior to accessing the License
Area pursuant to this Permit.
The Temporary Emergency Use Permit is not effective unless it is signed by the applicant
indicating and acknowledging his/her understanding of the conditions imposed therein.
By signing and accepting the Temporary Emergency Use Permit, the applicant accepts
the benefits conferred by the permit subject to the conditions imposed therein. By
accepting the right to operate pursuant to the Temporary Emergency Use Permit, the
applicant waives all rights to challenge any condition imposed as unfair or unreasonable.
The applicant understands that there are inherent safety concerns when operating
outdoors, especially in a parking lot, and by signing the Temporary Emergency Use
Permit the applicant agrees protect, defend, indemnify and hold harmless CITY, its
officers, elected or appointed officials, employees, agents and volunteers from and
against any and all claims, damages, losses, expenses, judgments, demands and defense
costs (including, without limitation, costs and fees of litigation of every nature or liability
of any kind or nature) arising out of or in connection with Permittees (or Permittee's
subcontractors, if any) use of the Permit or its failure to comply with any of its
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obligations contained in the Permit by Permittee, its officers, agents or employees
except such loss or damage which was caused by the sole negligence or willful
misconduct of CITY. Permittee will conduct all defense at its sole cost and expense and
CITY shall approve selection of Permittee's counsel. This indemnity shall apply to all
claims and liability regardless of whether any insurance policies are applicable. The
policy limits do not act as limitation upon the amount of indemnification to be provided
by Permittee. This provision shall survive termination of this Permit.
The city is not responsible for any damages or loss of equipment installed pursuant to an
approved Temporary Emergency Use Permit.
5. Revocation
The Temporary Emergency Use Permit does not confer any type of property interest and
may not be construed as such. Permittee expressly agree that as a condition of
receiving a permit, the City may terminate the permit at any time without any due
process including notice or hearings. The Permit shall automatically terminate when:
(a) the local emergency proclaimed on March 16, 2020, (as may be extended) is no
longer in effect; (b) the State and County allow resumption of normal and full
commercial operations; (c) the installation represents a danger to the health, safety or
general welfare of the public; or (d) a business violates the requirements of a Temporary
Emergency Use Permit.
Permittees expressly agree that as a use or business is permitted to resume full and
normal operations, they shall abandon outdoor operations, relocate back indoors, and
restore outside areas to original conditions at their sole cost and expense.
The applicant shall comply with all federal, state, and local laws. Violations of any of
those laws in connection with the use will be cause for revocation of this Temporary
Emergency Use Permit.
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CITY OF HUNTINGTON BEACH
COVID-19 TEMPORARY EMERGENCY USE PERMIT
OUTDOOR COMMERCIAL ACTIVITY
PRIVATE PROPERTY APPLICATION
TEUP # _______
BUSINESS NAME:
ADDRESS:
APPLICANT NAME:
CONTACT PHONE NUMBER:
APPLICANT EMAIL: __________________________________________________
BANNER INCLUDED? YES NO
TEMPORARY USE PERMIT FOR CENTER APPROVED? YES NO
This is a discretionary permit. Providing the information detailed in this form is not a guarantee of
permit approval. The City at its sole discretion may approve or deny the issuance of this permit.
APPLICATION REQUIREMENTS
SEE ALSO: TEMPORARY EMERGENCY OUTDOOR ACTIVITY CRITERIA (ATTACHED)
INITIAL
1. Letter of authorization from property owner/manager on letterhead.
____2. If a Temporary Use Permit Application has already been approved for the center in which you are located, initial here,
attach the approved plan, and skip to #8.
____3. A dimensioned site plan showing the location of the outdoor commercial activity area(s) and pedestrian paths with
social distancing measurements.
____4. For a commercial center: a dimensioned site plan that depicts vehicular and pedestrian circulation patterns, curb -side
pick-up areas (if any), outdoor commercial activity areas by tenant, outdoor seating areas with seating plan and
capacity clearly noted, pedestrian flow areas, equipment such as wash stations and hand sanitizing stations , stations
for staff set up and service, waste receptacles, storage containers, and a plan for controlling vehicle and pedestrian
access to the area.
____5. Depict location of temporary banners (business and/or center) – see attached Criteria for allowances.
____6. Evidence of general liability insurance in the amount of $1,000,000 and an endorsement naming the City of
Huntington Beach as an additional insured – see detailed requirements in attached Criteria
_7. Fire permit obtained. The HBFD will determine when an operation fire permit is required upon review of the site plan.
8. Copy of City of Huntington Beach business license.
____ 9. If alcohol is to be served outside, the ABC license has been obtained.
____ 10. See all details in attached Temporary Emergency Outdoor Activity Criteria
_11. The Temporary Emergency Use Permit is not effective unless it is signed by the applicant indicating and
acknowledging his/her understanding of the conditions and criteria imposed therein.
_12. By signing and accepting the Temporary Emergency Use Permit, the applicant accepts the temporary benefits
conferred by the permit subject to the conditions imposed therein. By accepting the right to operate pursuant to the Temporar y
Emergency Use Permit, the applicant waives all rights to challenge any condition imposed as unfair or unreasonable – see
additional details in attached Criteria.
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_13. The applicant understands that there are inherent safety concerns when operating outdoors, especially in a parking
lot, and by signing the Temporary Emergency Use Permit the applicant agrees to indemnify, hold harmless, and defend the City, its
officers, agents and employees, from any and all liability or claims that may be brought against the City arising out of its approval of
the Temporary Emergency Use Permit – see additional details in attached Criteria.
_____14. The site plan dated ______________ shall be the approved layout for the temporary outdoor commercial activity.
I, _________________________ (Print Name of Business Owner), owner of _______________________
(Print Name of Business), have read, understand, and will comply with all provisions of Temporary
Emergency Outdoor Commercial Activity Criteria on Private Property (Attached). I understand that
this permit will expire at the end of the local emergency or as otherwise described in the attached Criteria.
APPLICANT SIGNATURE PRINT NAME DATE
CITY USE ONLY
NOTES AND SPECIAL CONDITIONS
Approved By:
Fire Department: Name ________________________ Date _______________________
Public Works Dept: Name ________________________ Date _______________________
Police Department: Name ________________________ Date ________________________
Building Division: Name ________________________ Date ________________________
Planning Division: Name ________________________ Date _______________________
AUTHORIZED BY PERMIT NUMBER DATE
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12'-6"52'-0"
SIDEWALK
PLAN VIEW
ISOMETRIC VIEW
WOOD FLOOR
WOOD PLANTER
W/BENCH SEATING
STREET BARRIER
TABLE & 4 CHAIRS
163
12'-6"52'-0"
SIDEWALK
PLAN VIEW
ISOMETRIC VIEW
WOOD FLOOR
WOOD PLANTER
STREET BARRIER
UMBRELLA W/
TABLE & 4 CHAIRS
164
CHOURA EVENTSFRESH AS OF MAY 26, 2020
CITY OF
HUNTINGTON BEACH
MAIN STREET REOPENING PLAN
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LET’S EAT!
Choura is on a mission to help the world gather again, safely. Our solution:
reasonably priced, rapidly deployed community spaces and dining extensions
for local restaurants.
Few social activities unite people the way dining experiences have over the
centuries. Studies suggest that communal eating increases social bonding and
feelings of wellbeing, and enhances one’s sense of contentedness and
immersion within the community. So, how do we unite local restaurants to create
a hub where the city can come together to enjoy good food?
OBJECTIVES
1.Design an outdoor space that generates buzz within the
city to draw people together
2.Instill a sense of community and authenticity by
designing spaces to reflect the local character
3.Stimulate local businesses by providing solutions
through increased capacity
4.Allow the community to shift focus from worry to a safe
experience that acts as a destination
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LAYOUT SAMPLE
** This is a design crafted by SWA that we are implementing in the city of Laguna Beach.
This is an example of what we could do in Huntington Beach
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5
DECKING + FLOORING SAMPLES
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6
LIGHTING + MOOD
Lighting installations can be anchored and secured using concrete ballasting.
169
7
FURNITURE + DESIGN
170
THANK YOU
AMBER@CHOURAEVENTS.COM 171
City of Huntington Beach
File #:20-1668 MEETING DATE:6/1/2020
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Oliver Chi, City Manager
PREPARED BY:Chris Slama, Director of Community Services
Subject:
Adopt Resolution No. 2020-37 amending Resolution Nos. 2016-59, 2017-28, 2017-44, 2017-46,
2018-01, 2018-29, 2018-48, 2018-55, 2019-07, 2019-19 and 2019-87, which established a
Consolidated Comprehensive Citywide Master Fee and Charges Schedule (Supplemental Fee
Resolution No. 11) allowing patrons with disabled parking to park for free in beach parking
lots along PCH and downtown parking structures
Statement of Issue:
On February 18, 2020, City Council voted to “direct staff to institute parking program modifications
that would allow those with a disabled parking (DP) placard to park for free in our beach parking lots
located along PCH and our downtown parking structures.”
The proposed program would allow patrons displaying a DP parking placard or license plate to park
in existing marked disabled parking spaces, at no charge, in the following Off-Street City Pay Parking
Lots: Blufftop, Dog Beach, Pier Plaza (between 1 st & 7th Streets), First Street and Atlanta Avenue,
First Street and Walnut Avenue, and Warner Avenue.
Financial Impact:
Estimating the loss in revenue associated with offering parking at no charge to DP vehicles is difficult,
since the pay stations in the beach lots do not track payment according to DP vehicles versus non-
DP vehicles. However, in the identified parking lots, there are 34 handicap spaces. Furthermore, on
average, the typical metered parking space earns ~$3,000 / year.
Recommended Action:
Adopt Resolution No. 2020-37, “A Resolution of the City Council of the City of Huntington Beach
Amending Resolution Nos. 2016-59, 2017-28, 2017-44, 2017-46, 2018-01, 2018-29, 2018-48, 2018-
55, 2019-07, 2019-19 and 2019-87, which established a Consolidated Comprehensive Citywide
Master Fee and Charges Schedule (Supplemental Fee Resolution No. 11).”
Alternative Action(s):
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File #:20-1668 MEETING DATE:6/1/2020
Do not adopt the proposed Resolution and direct staff accordingly.
Analysis:
California State Law states vehicles that display a DP placard or license plate may park at no charge
at any on-street parking space. The DMV regulation, however, does not require or grant free parking
to DP placard or license plate patrons in off-street lots, such as the City’s beach lots.
On January 22, 2019, City Council adopted Ordinance No. 4148, which reorganized ordinances
pertaining to on-street parking meters and off-street parking lots. The reorganization combined all
hourly parking rates for off-street lots in the Citywide Master Fee and Charges Schedule. This action
continued to allow DP beach parking patrons to park at on-street parking meters at no charge
following State law, and required payment for parking in off-street City Parking Lots in accordance
with the standard Citywide Master Fee and Charges Schedule rates.
The proposed Resolution No. 2020-37 addresses the February 18, 2020, City Council direction to
institute parking program modifications. If approved, the proposed Resolution would allow patrons
displaying DP placards or license plates to park at no charge in existing marked disabled spaces for
the following lots: Blufftop, Dog Beach, First and Atlanta, First and Walnut, Pier Plaza (between 1 st &
7th Streets), and Warner.
Environmental Status:
Not applicable.
Strategic Plan Goal:
Enhance and maintain high quality City services
Attachment(s):
1. Resolution No. 2020-37, “A Resolution of the City Council of the City of Huntington Beach
Amending Resolution Nos. 2016-59, 2017-28, 2017-44, 2017-46, 2018-01, 2018-29, 2018-48,
2018-55, 2019-07, 2019-19 and 2019-87, which established a Consolidated Comprehensive
Citywide Master Fee and Charges Schedule (Supplemental Fee Resolution No. 11)”.
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City of Huntington Beach
File #:20-1675 MEETING DATE:6/1/2020
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Mike Posey, City Council Member
Subject:
Submitted by Councilmember Posey - Let’s Go Fishing 90-Day Lease Extension
Background:
On November 4, 2019, the City Council authorized the execution of an updated lease agreement for
Let’s Go Fishing and Surf City Snack Bar, LLC (Let’s Go Fishing), which operates out of a City
owned facility located on the Huntington Beach Pier. The updated lease agreement provided for a
base 6-month lease, which would be followed by a month-to-month lease term for an additional
period of time not to exceed 6-months. Pursuant to these terms, the Let’s Go Fishing Lease was set
to transition to a month-to-month contract in June 2020.
Based on the current COVID-19 pandemic, coupled with the fact that the City’s Pier has been shut
down for the past 2 months, I am recommending that the City Council direct staff to process a 90-
lease extension for Let’s Go Fishing, pursuant to the following terms:
§Extend the Let’s Go Fishing agreement for an additional 3-month period, so that the base
lease term would run through the end of August 2020.
§Following the expiration of the base lease term, allow for the maintenance of the existing
month-to-month provisions of the agreement for an additional period of time not to exceed an
additional 6-month period.
Recommended Action:
Based on my assessment of the situation, I am requesting that the City Council vote to direct staff to
execute a new contract with Let’s Go Fishing to provide for an additional 3-month term to their base
lease agreement, pursuant to the terms outlined above.
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