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HomeMy WebLinkAbout2020-09-08 Agenda Packet AGENDA City Council/Public Financing Authority Regular Meeting Tuesday, September 8, 2020 at 6:00 PM MAYOR AND CITY COUNCIL LYN SEMETA, Mayor JILL HARDY, Mayor Pro Tem PATRICK BRENDEN, Councilmember KIM CARR, Councilmember BARBARA DELGLEIZE, Councilmember ERIK PETERSON, Councilmember MIKE POSEY, Councilmember 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. The Council Chambers will be not open for in-person attendance to provide public comments. In order to ensure adequate social distancing, the City will not make a physical location available for the public to observe the meeting or offer public comment in person. To ensure the public’s right to fully participate in providing meaningful public comments at the September 8, 2020, City Council meeting: 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 970 3003 2548. Callers that enter the meeting by phone will be placed in a holding queue as an attendee, and prompted to speak when the Clerk announces the last three digits of their phone number and they receive direction to press #6 to unmute their phone line. The holding queue will remain open for approximately 15 minutes, and calls will be answered in the order received. Callers are encouraged, but not required to identify themselves by name. Each caller may have up to 3 minutes to speak, but the Mayor, at her discretion, may reduce the time allowance if warranted by the volume of calls. The public comment process as previously described will also be followed for items scheduled for Public Hearing, and individuals wishing to provide a comment on items scheduled for Closed Session should enter the call queue at 5:00 PM. After a caller concludes their comment, their call will be disconnected from the holding queue. 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 September 8, 2020City Council/Public Financing Authority 5:00 PM - COUNCIL CHAMBERS CALL TO ORDER ROLL CALL Posey, Delgleize, Hardy, Semeta, Peterson, Carr, Brenden ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS PERTAINING TO CLOSED SESSION ITEMS (Received After Agenda Distribution) PUBLIC COMMENTS PERTAINING TO CLOSED SESSION ITEMS (3 Minute Time Limit) - At approximately 5:00 PM, individuals wishing to provide a comment on Closed Session items may call (669) 900-6833 and enter Webinar ID 970 3003 2548. Callers that enter the meeting by phone will be placed in a holding queue and prompted to speak when the Clerk announces the last three digits of their phone number and they receive direction to press #6 to unmute their phone line. Calls will be answered in the order received and callers are encouraged, but not required to identify themselves by name. Each caller may have up to 3 minutes to speak, but the Mayor, at her discretion, may reduce the time allowance if warranted by the volume of calls. RECESS TO CLOSED SESSION CLOSED SESSION ANNOUNCEMENT(S) 20-18521.Mayor Semeta to Announce: Pursuant to Government Code § 54957.6, the City Council takes this opportunity to publicly introduce and identify designated labor negotiator, Oliver Chi, City Manager; also in attendance: Travis Hopkins, Assistant City Manager, who will be participating in today's Closed Session discussions regarding labor negotiations with: Huntington Beach Municipal Teamsters (HBMT); Management Employees' Organization (MEO); Police Officers’ Association (POA); Police Management Association (PMA); Huntington Beach Firefighters’ Association (HBFA); Fire Management Association (FMA); Marine Safety Management Association (MSMA); Surf City Lifeguard Employees’ Association (SCLEA) and Non-Represented (Non-Associated) Employees (NA) CLOSED SESSION 20-18412.Pursuant to Government Code § 54956.9(d)(1), the City Council shall recess into Closed Session to confer with the City Attorney Page 1 of 10 2 AGENDA September 8, 2020City Council/Public Financing Authority regarding the following lawsuit: Moore/Field v. City of Huntington Beach, et al., OCSC Case No. 30-2019-01071686. 20-18423.Pursuant to Government Code § 54956.9(d)(2), the City Council shall recess into Closed Session to confer with the City Attorney regarding potential litigation. Number of cases, one (1). 20-18464.Pursuant to Government Code § 54957.6, the City Council shall recess into Closed Session to meet with its designated labor negotiator: Oliver Chi, City Manager; also in attendance: Travis Hopkins, Assistant City Manager, regarding the following: Huntington Beach Municipal Teamsters (HBMT); Management Employees' Organization (MEO); Police Officer's Association (POA); Police Management Association (PMA); Huntington Beach Firefighters’ Association (HBFA); Fire Management Association (FMA); Marine Safety Management Association (MSMA) Surf City Lifeguard Employees’ Association (SCLEA) and Non-Represented (Non-Associated) Employees (NA). 6:00 PM – COUNCIL CHAMBERS RECONVENE CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING ROLL CALL Posey, Delgleize, Hardy, Semeta, Peterson, Carr, Brenden PLEDGE OF ALLEGIANCE INVOCATION In permitting a nonsectarian invocation, the City does not intend to proselytize or advance any faith or belief. Neither the City nor the City Council endorses any particular religious belief or form of invocation. 20-16875.Kelly Frankiewicz of Leisure World Community UMC in Seal Beach and member of the Greater Huntington Beach Interfaith Council CLOSED SESSION REPORT BY CITY ATTORNEY AWARDS AND PRESENTATIONS Page 2 of 10 3 AGENDA September 8, 2020City Council/Public Financing Authority 20-18506.Mayor Semeta to issue a proclamation recognizing September as International Deaf Awareness Month 20-18517.Mayor Semeta to recognize the Brightwater Community for their donation to purchase equipment for the Huntington Beach Fire Department ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) PUBLIC COMMENTS (3 Minute Time Limit) - At approximately 6:00 PM, individuals wishing to provide a comment on agendized or non-agendized items may call (669) 900-6833 and enter Webinar ID 970 3003 2548. Callers that enter the meeting by phone will be placed in a holding queue and prompted to speak when the Clerk announces the last three digits of their phone number and they receive direction to press #6 to unmute their phone line. The holding queue will remain open for approximately 15 minutes, and calls will be answered in the order received. Callers are encouraged, but not required to identify themselves by name. Each caller may have up to 3 minutes to speak, but the Mayor, at her discretion, may reduce the time allowance if warranted by the volume of calls. Once a caller concludes their comment, their call will be disconnected from the holding queue. COUNCIL COMMITTEE - APPOINTMENTS - LIAISON REPORTS, AB 1234 REPORTING, AND OPENNESS IN NEGOTIATIONS DISCLOSURES CITY MANAGER'S REPORT 20-18598.Ascon Landfill Site Update 20-18609.Update of the City COVID-19 Response Plan and Actions for Review and Discussion CONSENT CALENDAR 20-181910.Approve and Adopt Minutes Approve and adopt the City Council/Public Financing Authority regular meeting minutes dated August 3, 2020, as written and on file in the office of the City Clerk. Recommended Action: 20-176511.Receive and file City Clerk’s quarterly listing of professional services contracts filed in the City Clerk’s office between January 1, 2020 and June 30, 2020 Page 3 of 10 4 AGENDA September 8, 2020City Council/Public Financing Authority A) Receive and file the “List of Professional Services Contracts Approved by Department Heads and Submitted to the Office of the City Clerk during the period of January 1, 2020 and March 31, 2020;” and , B) Receive and file the “List of Professional Services Contracts Approved by Department Heads and Submitted to the Office of the City Clerk during the period of April 1, 2020 and June 30, 2020.” Recommended Action: 20-183012.Adopt Resolution No. 2020-55 authorizing the City Treasurer Alisa Backstrom and her successors in office, Deputy City Treasurer (Joyce M. Zacks) and his/her successors in office, Chief Financial Officer (Dahle Bulosan) and his/her successors in office, and Assistant Chief Financial Officer (Sunny Rief) and his/her successors, in office to make deposits and withdrawals on behalf of the City Adopt Resolution No. 2020-55, “A Resolution of the City Council of the City of Huntington Beach, Authorizing Investment of Monies in the Local Agency Investment Fund;” City Treasurer Alisa Backstrom and her successors in office, Deputy City Treasurer (Joyce M. Zacks) and his/her successors in office, Chief Financial Officer (Dahle Bulosan) and his/her successors in office , and Assistant Chief Financial Officer (Sunny Rief) and his/her successors in office . Recommended Action: 20-183213.Approve and authorize execution of Grant Agreement No. PT21028 with the California Office of Traffic Safety (OTS) for the Selective Traffic Enforcement Program (STEP) in the amount of $845,300 for the period 10/1/2020 to 9/30/2021, approve appropriations, and authorize the Chief of Police to establish a separate business unit for the grant funds A) Approve and accept the OTS STEP grant agreement #PT21028 between the OTS and the City of Huntington Beach for $845,300; and , B) Authorize the Chief of Police to execute the grant agreement with OTS; and , C) Approve appropriations and estimated revenue source in the amount of $845,300; and, D) Establish a separate business unit for this funding and authorize the Chief of Police to Recommended Action: Page 4 of 10 5 AGENDA September 8, 2020City Council/Public Financing Authority expend up to a total of $845,300, plus accrued interest, on the Selective Traffic Enforcement Program (STEP) grant. 20-183914.Approve and authorize execution of Amendment No. 1 to the Services Agreement with Turbo Data Systems, Inc. for parking citation payment processing services extending the term to September 1, 2021 Approve and authorize the Mayor and City Clerk to execute the “Amendment No. 1 to Service Agreement Between the City of Huntington Beach and Turbo Data Systems, Inc. for Parking Citation Payment Processing Services.” Recommended Action: 20-184015.Approve the Purchase of Parking Meters and Associated Service Agreement between the City of Huntington Beach and MacKay Meters Inc. A) Approve the purchase of MacKay parking meters and associated Gateway/Hosting services in the amount of $446,827; and , B) Authorize the Mayor and City Clerk to execute the Service Agreement between the City of Huntington Beach and MacKay Meters, Inc., for Gateway/Hosting services. Recommended Action: 20-175516.Approve and authorize execution of a Cooperative Agreement with the Orange County Transportation Authority (OCTA) and the Cities of Westminster, Fountain Valley, and Santa Ana for a traffic signal synchronization project along Edinger Avenue Approve and authorize the Mayor and City Clerk to execute , “Cooperative Agreement No. C-0-2037 between Orange County Transportation Authority and Cities of Fountain Valley, Huntington Beach, Santa Ana and Westminster for Edinger Avenue Regional Traffic Signal Synchronization Program Project.” Recommended Action: 20-175617.Approve and authorize execution of a Cooperative Agreement with the Orange County Transportation Authority (OCTA) and the Cities of Fountain Valley and Santa Ana for a traffic signal synchronization project along Warner Avenue Approve and authorize the Mayor and City Clerk to execute , “Cooperative Agreement No. C-0-2039 between Orange County Transportation Authority and Cities of Fountain Valley, Recommended Action: Page 5 of 10 6 AGENDA September 8, 2020City Council/Public Financing Authority Huntington Beach and Santa Ana for Warner Avenue Regional Traffic Signal Synchronization Program Project.” 20-175718.Approve and authorize execution of a Cooperative Agreement with the Orange County Transportation Authority (OCTA) and the Cities of Fountain Valley and Santa Ana for a traffic signal synchronization project along Talbert Avenue/MacArthur Boulevard Approve and authorize the Mayor and City Clerk to execute , “Cooperative Agreement No. C-0-2038 between Orange County Transportation Authority and Cities of Fountain Valley, Huntington Beach and Santa Ana for MacArthur Boulevard/Talbert Avenue Regional Traffic Signal Synchronization Program Project.” Recommended Action: 20-180919.Approve and authorize execution of a three year Professional Services Contract in the amount of $900,000 with Enterprise Automation to provide On Call Engineering Services for Water and Wastewater SCADA Systems Approve and authorize the Mayor and City Clerk to execute the “Professional Services Contract Between the City of Huntington Beach and Enterprise Automation for On-Call Engineering Services for Water and Wastewater SCADA Systems.” Recommended Action: 20-182920.Approve and authorize execution of a Memorandum of Understanding (MOU) with the Orange County Transportation Authority (OCTA) for the Pilot Regional Signal Performance Measure Project Approve and authorize the Director of Public Works and City Clerk to execute “Memorandum of Understanding No. C-0-2441 Between Orange County Transportation Authority and the City of Huntington Beach for The Pilot Regional Signal Performance Measure Project.” Recommended Action: 20-183621.Approve and authorize execution of Vote Center Entry Permit (License) Agreements with the County of Orange for use of certain City facilities as five-day Vote Centers for the November 3, 2020 General Municipal Election Approve and authorize the City Manager to execute the Orange County Registrar of Voters “Vote Center Entry Permit (License) Agreements” approved as to form by the City Attorney Recommended Action: Page 6 of 10 7 AGENDA September 8, 2020City Council/Public Financing Authority for use of the following sites as five-day Vote Centers: A) Huntington Beach Civic Center, Meeting Room B-7, 2000 Main Street, Huntington Beach from Friday, October 30, 2020 through Tuesday, November 3, 2020; and, B) Huntington Beach Central Library, Rooms C/D, 7111 Talbert Avenue, Huntington Beach from Friday, October 30, 2020 through Tuesday, November 3, 2020; and, C) Huntington Beach City Gym and Pool, 1600 Palm Avenue, Huntington Beach from Friday, October 30, 2020 through Tuesday, November 3, 2020; and, D) Main Street Branch Library, Blue Room, 525 Main Street, Huntington Beach from Friday, October 30, 2020 through Tuesday, November 3, 2020; and, E) Edison Community Center, Studio, 21377 Magnolia Street, Huntington Beach from Friday, October 30, 2020 through Tuesday, November 3, 2020; and, F) Michael E. Rodgers Senior Outreach Center, Auditorium, 1706 Orange Avenue, Huntington Beach from Friday, October 30, 2020 through Tuesday, November 3, 2020; and, G) Murdy Community Center, Studio, 1900 Norma Drive, Huntington Beach from Friday, October 30, 2020 through Tuesday, November 3, 2020 . 20-184522.Approve and authorize execution of a Five-Year License Agreement with Southern California Edison (SCE) for use of 2.48 acres of land southeast of Atlanta Avenue and Brookhurst Street to be used as a Community Garden Approve the License Agreement with Southern California Edison for the use of the 2.48 acre parcel to be used for the Huntington Beach Community Garden (HBCG), and authorize the Mayor and City Clerk to execute all documents necessary to execute this transaction. Recommended Action: 20-185323.City Council Position on Legislation Pending Before Congress and the State Legislature as Recommended by the City Council Intergovernmental Relations Committee (IRC) A) Approve a City position of Oppose on Assembly Bill 685 (Reyes) - Require occupational safety notification if an employee is exposed to COVID-19; and , Recommended Action: Page 7 of 10 8 AGENDA September 8, 2020City Council/Public Financing Authority B) Approve a City position of Oppose on Assembly Bill 2967 (O’Donnell) - Prohibits contracting agencies from amending their contracts with CalPERS to exclude groups of employees; and, C) Approve a City position of Oppose on Assembly Bill 3269 (Chiu) - State and local agencies: homelessness plan . 20-185724.City Council consideration and adoption of a position on Assembly Bill 2287 (Eggman and Ting) Adopt an Oppose position on AB 2287 (Eggman and Ting), unless the bill is amended to reinstate the “marine degradable” provision and standard to assess the marine degradability of plastic products. Recommended Action: 20-182025.Adopt Ordinance No. 4218 amending Huntington Beach Municipal Code Chapters 10.50 and 10.52 relating to City Pay Parking Lots and Off-Street City Parking Lots Approved for introduction August 3, 2020 - Vote: 6-0-1 (Peterson absent) Adopt Ordinance No. 4218, “An Ordinance of the City of Huntington Beach Amending Huntington Beach Municipal Code Chapters 10.50 and 10.52 Relating to City Pay Parking Lots and Off-Street Lots.” Recommended Action: PUBLIC HEARING Individuals wishing to speak on matters scheduled for Public Hearing may call (669) 900-6833 and enter Webinar ID 970 3003 2548 at the time the Public Hearing is opened. Callers that enter the meeting by phone will be placed in a holding queue and prompted to speak when the Clerk announces the last three digits of their phone number and they receive direction to press #6 to unmute their phone line. Calls will be answered in the order received and callers are encouraged, but not required to identify themselves by name. Each caller may have up to 3 minutes to speak, but the Mayor, at her discretion, may reduce the time allowance if warranted by the volume of calls. After a caller concludes their comment, their call will be disconnected from the holding queue. 20-178426.Approve for introduction Ordinance No. 4211 approving Zoning Map Amendment No. 20-001 to rezone property located at 311 17th Street (Nguyen Properties) Approve Zoning Map Amendment No. 20-001 with findings (Attachment 1) and introduce Recommended Action: Page 8 of 10 9 AGENDA September 8, 2020City Council/Public Financing Authority Ordinance No. 4211, “An Ordinance of the City of Huntington Beach Amending District Map 10 (Sectional Map 10-6-11) of the Huntington Beach Zoning and Subdivision Ordinance to Rezone the Real Properties Located at 311 17th Street (APN # 023-156-13 and APN # 023-156-14) from Commercial General (CG) to Residential Medium High Density - Subdistrict (RMH-A) (Zoning Map Amendment No. 20-001)” (Attachment 2). 20-183427.Public Hearing to consider adoption of Resolution No. 2020-50 approving an Annual Assessment within the Huntington Beach Downtown Business Improvement District (DTBID) for Fiscal Year 2020-2021, and authorize appropriation of funds A) Conduct the Public Hearing; and , B) If protests of at least 50% are not received, adopt Resolution No. 2020-50, “A Resolution of the City Council of the City of Huntington Beach Approving an Annual Assessment Within the Huntington Beach Downtown Business Improvement District for Fiscal Year 2020-2021.” Recommended Action: ADMINISTRATIVE ITEMS 20-185428.Considering the Duration of the Closure of the Second and Third Block of Main Street for Restaurant / Retail Use During the COVID-19 Pandemic A) The City Council is being asked to choose one of the following options for the 2nd block of Main Street: 1. Authorize the City Manager to extend the temporary closure of the 2nd block of Main Street through at least December 31, 2020; -or- 2. Direct that the existing determination for the 2nd block of Main Street (i.e., that the street be reopened to vehicular traffic once indoor restaurant dining is allowed) be maintained. B) The City Council is being asked to choose one of the following options for the 3rd block of Main Street: 1) Maintain the 3rd block closure of Main Street to vehicle traffic in coordination with the determination made on the 2nd block of Main Street; Recommended Action: Page 9 of 10 10 AGENDA September 8, 2020City Council/Public Financing Authority -or- 2) Reopen the 3rd block of Main Street to vehicular traffic, while also allowing restaurants and commercial operations to continue utilizing parking spaces and / or walkways for business expansion purposes . COUNCILMEMBER ITEMS 20-185529.Submitted by Councilmember Brenden - Development of Regulations Prohibiting the Repair and Sale of Bicycles / Bicycle Parts on Public Property I recommend that the City Council direct the City Manager to prepare the regulations necessary to enact a prohibition on the repair and sale of bicycles / bicycles parts on public property in Huntington Beach. Recommended Action: COUNCILMEMBER COMMENTS (Not Agendized) ADJOURNMENT The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority is Monday, September 21, 2020, at 4:00 PM in the Civic Center Council Chambers, 2000 Main Street, Huntington Beach, California. INTERNET ACCESS TO CITY COUNCIL/PUBLIC FINANCING AUTHORITY AGENDA AND STAFF REPORT MATERIAL IS AVAILABLE PRIOR TO CITY COUNCIL MEETINGS AT http://www.huntingtonbeachca.gov Page 10 of 10 11 City of Huntington Beach File #:20-1852 MEETING DATE:9/8/2020 Mayor Semeta to Announce: Pursuant to Government Code § 54957.6, the City Council takes this opportunity to publicly introduce and identify designated labor negotiator, Oliver Chi, City Manager; also in attendance: Travis Hopkins, Assistant City Manager, who will be participating in today's Closed Session discussions regarding labor negotiations with: Huntington Beach Municipal Teamsters (HBMT); Management Employees' Organization (MEO); Police Officers’ Association (POA); Police Management Association (PMA); Huntington Beach Firefighters’ Association (HBFA); Fire Management Association (FMA); Marine Safety Management Association (MSMA); Surf City Lifeguard Employees’ Association (SCLEA) and Non-Represented (Non-Associated) Employees (NA) City of Huntington Beach Printed on 9/2/2020Page 1 of 1 powered by Legistar™12 City of Huntington Beach File #:20-1841 MEETING DATE:9/8/2020 Pursuant to Government Code § 54956.9(d)(1), the City Council shall recess into Closed Session to confer with the City Attorney regarding the following lawsuit: Moore/Field v. City of Huntington Beach, et al., OCSC Case No. 30-2019-01071686. City of Huntington Beach Printed on 9/2/2020Page 1 of 1 powered by Legistar™13 City of Huntington Beach File #:20-1842 MEETING DATE:9/8/2020 Pursuant to Government Code § 54956.9(d)(2), the City Council shall recess into Closed Session to confer with the City Attorney regarding potential litigation. Number of cases, one (1). City of Huntington Beach Printed on 9/2/2020Page 1 of 1 powered by Legistar™14 City of Huntington Beach File #:20-1846 MEETING DATE:9/8/2020 Pursuant to Government Code § 54957.6, the City Council shall recess into Closed Session to meet with its designated labor negotiator: Oliver Chi, City Manager; also in attendance: Travis Hopkins, Assistant City Manager, regarding the following: Huntington Beach Municipal Teamsters (HBMT); Management Employees' Organization (MEO); Police Officer's Association (POA); Police Management Association (PMA); Huntington Beach Firefighters’ Association (HBFA); Fire Management Association (FMA); Marine Safety Management Association (MSMA) Surf City Lifeguard Employees’ Association (SCLEA) and Non-Represented (Non-Associated) Employees (NA). City of Huntington Beach Printed on 9/2/2020Page 1 of 1 powered by Legistar™15 City of Huntington Beach File #:20-1687 MEETING DATE:9/8/2020 Kelly Frankiewicz of Leisure World Community UMC in Seal Beach and member of the Greater Huntington Beach Interfaith Council City of Huntington Beach Printed on 9/2/2020Page 1 of 1 powered by Legistar™16 City of Huntington Beach File #:20-1850 MEETING DATE:9/8/2020 Mayor Semeta to issue a proclamation recognizing September as International Deaf Awareness Month City of Huntington Beach Printed on 9/2/2020Page 1 of 1 powered by Legistar™17 City of Huntington Beach File #:20-1851 MEETING DATE:9/8/2020 Mayor Semeta to recognize the Brightwater Community for their donation to purchase equipment for the Huntington Beach Fire Department City of Huntington Beach Printed on 9/2/2020Page 1 of 1 powered by Legistar™18 City of Huntington Beach File #:20-1859 MEETING DATE:9/8/2020 Ascon Landfill Site Update City of Huntington Beach Printed on 9/2/2020Page 1 of 1 powered by Legistar™19 City of Huntington Beach File #:20-1860 MEETING DATE:9/8/2020 Update of the City COVID-19 Response Plan and Actions for Review and Discussion City of Huntington Beach Printed on 9/2/2020Page 1 of 1 powered by Legistar™20 City of Huntington Beach File #:20-1819 MEETING DATE:9/8/2020 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 August 3, 2020 , require review and approval. Financial Impact: None. Recommended Action: Approve and adopt the City Council/Public Financing Authority regular meeting minutes dated August 3, 2020, as written and on file in the office of the City Clerk. Alternative Action(s): Do not approve and/or request revision(s). Analysis: None. Environmental Status: Non-Applicable. Strategic Plan Goal: Non-Applicable - Administrative Item Attachment(s): 1. August 3, 2020 CC/PFA regular meeting minutes City of Huntington Beach Printed on 9/2/2020Page 1 of 1 powered by Legistar™21 Minutes City Council/Public Financing Authority City of Huntington Beach Monday, August 3, 2020 6:00 PM - Council Chambers Civic Center, 2000 Main Street Huntington Beach, California 92648 A video recording of the 6:00 PM portion of this meeting is on file in the Office of the City Clerk, and archived at www.surfcity-hb.org/government/agendas/ 6:00 PM - COUNCIL CHAMBERS CALLED TO ORDER — 6:00 PM ROLL CALL Present: Posey, Delgleize, Hardy, Semeta, Carr (remote), and Brenden Absent: Peterson Pursuant to Resolution No. 2001-54, Councilmember Peterson requested and was granted permission to be absent. PLEDGE OF ALLEGIANCE — Led by Mayor Pro Tem Hardy INVOCATION In permitting a nonsectarian invocation, the City does not intend to proselytize or advance any faith or belief. Neither the City nor the City Council endorses any particular religious belief or form of invocation. 1. 20-1685 Marilyn Anania of Saints Simon and Jude Catholic Church and member of the Greater Huntington Beach Interfaith Council AWARDS AND PRESENTATIONS 2. 20-1750 Mayor Semeta recognized August 26, 2020, as the 100th Anniversary of the Ratification of the 19th Amendment of the United States Constitution, Granting Women the Right to Vote Mayor Semeta provided a brief history of the Ratification of the 19th Amendment granting women the right to vote, and announced that locals Matt Liffreing, owner of Marketworks, and City Archivist Kathy Schey are working on a film to commemorate this 100th anniversary and to acknowledge the 14 women who have served as Mayor of Huntington Beach, beginning with Norma Gibbs in 1975 and including Mayor Pro Tem Hardy, Councilmember Delgleize, and herself. Mayor Semeta also acknowledged City Clerk Estanislau and City Treasurer Backstrom, as two more women currently serving in elected positions for Huntington Beach. 22 City Council/Public Financing Authority Regular Meeting Minutes August 3, 2020, Page 2 of 18 3. 20-1801 Mayor Semeta presented the Making A Difference Award to City Archivist Kathie Schey Mayor Semeta introduced City Archivist Kathie Schey by describing her passion for preserving the history of Huntington Beach for future generations, and listing her professional qualifications and national affiliations. Ms. Schey thanked City staff, her family, and members of the Historic Resources Board and acknowledged their support for her passion to research, value, claim, preserve and share Huntington Beach history. 4. 20-1794 Mayor Semeta presented the Mayor's HB Excellence Award to: Debbie DeBow, Principal Civil Engineer Jerry Goodspeed, Police Sergeant Kevin Justen, Administrative Analyst, Senior Anthony Pham, Police Officer Terry Tintle, Signs & Markings Crewleader Mayor Semeta stated that the staff members being recognized were nominated by their fellow employees for demonstrating extraordinary service, especially during the last five months of unprecedented responses to the challenges of COVID-19. Debbie DeBow, Principal Civil Engineer, the first woman to hold that title for the City, was acknowledged for developing the Public Works COVID Response Plan, and as a member of the team planning the Navigation Center. Sergeant Jerry Goodspeed, Training Unit Supervisor, was acknowledged for successfully supervising seven new recruits who, because of COVID-19, were unable to attend the Police Academy, and also supplied the Police Department with the tools and resources needed for staff to work in a safe and proactive environment. Kevin Justen, Senior Administrative Analyst, was acknowledged for very quickly developing, equipping, staffing, and managing the new Call Center in response to COVID-19. Police Officer Anthony Pham, Robbery Homicide Detective, Crisis Negotiations Team Leader, and Instructor on the Arrests and Control Team, was acknowledged for his compassion for community members which is demonstrated as he goes above and beyond in his community interactions. Terry Tintle, Signs and Markings Crewleader, a 38-year employee, was acknowledged for helping to successfully manage recent protests, closure of City parks and beaches, and minimizing expenses while adjusting to the many challenges presented by COVID-19. Each staff member thanked their co-workers for the nomination and helping them to meet the demands of their job, and thanked Mayor Semeta for the recognition. 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: 23 City Council/Public Financing Authority Regular Meeting Minutes August 3, 2020, Page 3 of 18 City Manager’s Report #5 (20-1802) PowerPoint communication submitted by Scott Haberle, Fire Chief, titled Bolsa Chica Fire – Oceanridge IC. #6 (20-1793) PowerPoint communication submitted by Travis Hopkins, Assistant City Manager, titled Ascon Landfill Site Update. #7 (20-1792) PowerPoint communication submitted by Oliver Chi, City Manager, titled City of Huntington Beach – COVID-19 Response Update. #7 (20-1792) Email communication received from Sandra DiGiovanni regarding the indoor dining mandate being ignored. Consent Calendar #13 (20-1804) Email communication received from Amory Hanson regarding the proposed cancellation of the August 17, 2020, City Council Meeting. #15 (20-1748) Email communication received from Erika Jason regarding the proposed Waymakers contract for the Gang Prevention and Intervention Program (GPIP). #17 (20-1785) Interdepartmental Communication amending the License Agreement between the City of Huntington Beach and OC405 Partners JV for Temporary Use of City Property submitted by Ursula Luna-Reynosa, Director of Community Services. Administrative Items #21 (20-1768) PowerPoint communication submitted by Robert Handy, Chief of Police, titled Resolution 2020-53. #21 (20-1768) Inter-Department Communication submitted by Robert Handy, Chief of Police, providing notification of corrections to HBMC section 10.52.020 (c) and (d) in the legislative draft pertaining to Resolution No. 2020-53. #22 (20-1768) PowerPoint communication submitted by City Manager Oliver Chi, entitled Cameron/Beach Site – Establish an Operational 174-bed Shelter Facility by November 2020 #22 (20-1768) Inter-Department Communication submitted by Ursula Luna-Reynosa, Community Development Director, requesting to insert language in the Environmental Status section of the staff report. #22 (20-1799) Email communications regarding the proposed Emergency Shelter received from: Larry McNeely Donna Dillion LG Cheri Lewis JB Smith Mary Adams Urashima #23 (20-1810) Email communications received from Jim Hall, Steve Grabowski and Moe Kanoudi regarding the 3rd Block of Main Street closure. 24 City Council/Public Financing Authority Regular Meeting Minutes August 3, 2020, Page 4 of 18 PUBLIC COMMENTS (3 Minute Time Limit) — 14 Call-in Speakers The number [hh:mm:ss] following the speakers' comments indicates their approximate starting time in the archived video located at http://www.surfcity-hb.org/government/agendas. Caller #857, Jim Hall, owner of Surf City Ale House on the third block of Main Street, was invited to speak and stated his support for Administrative Item #23 (20-1810) regarding a temporary closure of the third block of Main Street to vehicular traffic. (00:28:58) Caller #762, Jose, Youth Justice Organizer in Orange County, was invited to speak and stated his opposition to Consent Calendar Item #15 (20-1748) regarding a contract with Waymakers for management of the Gang Reduction [sic] and Intervention Program, and suggested that those funds be directed to existing non-profit organizations that serve and befriend high-risk youth. (00:31:02) Caller #133, Amory Hanson, a Candidate for City Council in 2020 and member of the Historic Resources Board, was invited to speak and stated his support for the City to resume holding meetings for deliberative committees and commissions, including the Historic Resources Board. (00:33:47) Caller #477, Maria, Youth Advocate for At-Risk Youth, was invited to speak and stated her opposition to Consent Calendar Item #15 (20-1748) regarding a contract with Waymakers for management of the Gang Reduction [sic] and Intervention Program, and suggested that those funds be directed to existing non-profit organizations that are providing prevention programs for high-risk youth. (00:34:29) Caller #488, Suzie, owner of Making Waves Hair Salon, was invited to speak and stated her concern that the Main Street temporary closure benefits restaurants, but not the other retail businesses, and asked that Administrative Item #23 (20-1810) regarding a temporary closure of the third block of Main Street to vehicular traffic be tabled to allow time for Downtown Business Improvement District (DTBID) meetings with all affected business owners. (00:36:49) Caller #904, Alana Jason, was invited to speak and stated her opposition to Consent Calendar Item #15 (20-1748) regarding a contract with Waymakers for management of the Gang Reduction [sic] and Intervention Program, and asked that the city allocate the funds to positive reinforcement and healing strategy programs which are not associated with the police, rather than the existing punishment-based program. (00:38:55) Caller #355, Erica, was invited to speak and stated her opposition to Consent Calendar Item #15 (20- 1748) regarding a contract with Waymakers for management of the Gang Reduction [sic] and Intervention Program, and asked that the City allocate the funds to positive reinforcement and healing strategy programs which are not associated with police, rather than the existing punishment-based program. (00:42:02) Caller #443, Ariana Angelique, Founder of Regardless of Color (ROC) Era, was invited to speak and stated her opposition to Consent Calendar Item #15 (20-1748) regarding a contract with Waymakers for management of the Gang Reduction [sic] and Intervention Program, and asked that the City allocate the funds to positive reinforcement and healing strategy programs which are not associated with police, rather than the existing punishment-based program. (00:45:17) Caller #996, Dave Shenkman, President of the Downtown Business Improvement District (DTBID), was invited to speak and stated his support for Administrative Item #23 (20-1810) regarding a temporary 25 City Council/Public Financing Authority Regular Meeting Minutes August 3, 2020, Page 5 of 18 closure of the third block of Main Street to vehicular traffic, and support for Consent Calendar Item #14 (20-1798) regarding the DTBID Annual Report for Fiscal Year 2020-2021. (00:46:05) Caller #598, Thomas LaParne, Candidate for City Council in 2020, was invited to speak and read a statement from a Huntington Beach resident regarding under-age children vaping in Huntington Beach, and requested a City Council proclamation making local businesses aware of this illegal activity. (00:47:13) Caller #516, Rick Fignetti, owner of Rockin' Fig Surf Shop on the third block of Main Street, was invited to speak and stated opposition to Administrative Item #23 (20-1810) regarding a temporary closure of the third block of Main Street to vehicular traffic, and asked for a plan that helps every Downtown business. (00:50:13) Caller #409, Tony Bisson, a resident of southeast Huntington Beach, was invited to speak and stated his concerns regarding Consent Calendar Item #19 (20-1787) regarding Ordinance No. 4201 relating to Public Nuisance Abatement. (00:51:23) Caller #931, Kathryn Levassuir, a long-time resident of Huntington Beach and Founder of Huntington Beach Short-Term Rental Alliance, was invited to speak and stated her support for Black Lives Matter policies, and support for tax and regulation of short-term vacation rentals in Huntington Beach and Sunset Beach. (00:54:14) Caller #654, Mr. Walton, Huntington Beach resident and CEO, ROC Era, was invited to speak and stated his opposition to Consent Calendar Item #15 (20-1748) regarding a contract with Waymakers for management of the Gang Reduction [sic] and Intervention Program, and asked that the City allocate the funds to positive reinforcement and healing strategy programs which are not associated with police, rather than the existing punishment-based program. (00:55:59) COUNCIL COMMITTEE — APPOINTMENTS — LIAISON REPORTS, AB 1234 REPORTING, AND OPENNESS IN NEGOTIATIONS DISCLOSURES Councilmember Delgleize announced the vendor selected by the Orange County Transportation Authority (OCTA) to perform the signal synchronization along Talbert Avenue to the 55 Freeway, provided an update on the 405 Freeway widening project, and announced details for anyone interested in participating in OCTA's August 6 virtual meeting which will provide 405 Freeway project updates. Mayor Semeta announced her appointment of Casey McKeon, Vice President of Acquisitions, and life- long resident of Huntington Beach, to the Finance Commission. CITY MANAGER’S REPORT 5. 20-1802 Update on recent fire activity at the Bolsa Chica Wetlands City Manager Chi introduced Fire Chief Scott Haberle who presented a PowerPoint communication entitled Bolsa Chica Fire Oceanridge IC with slides titled: Overview, Resources, Protected, Brightwater Community, and Thank You. Councilmember Brenden thanked Chief Haberle for the outstanding coordination in managing the resources and keeping the fire away from structures as well as protecting the wildlife, and commended 26 City Council/Public Financing Authority Regular Meeting Minutes August 3, 2020, Page 6 of 18 Battalion Chief Dave McBride for his part in putting the fire out. Councilmember Brenden also thanked the firefighter staffs from Fountain Valley and Orange County Fire Authority (OCFA) for their mutual aid response, as well as Anaheim and Fullerton for manning Huntington Beach fire stations during the incident. Councilmember Delgleize and Chief Haberle discussed the fact that OCFA is in charge of the investigation into how the fire started, and it appears to have started along one of the trails. Further details will be released after the investigation is complete. Councilmember Posey thanked Chief Haberle for managing the coordination of the mutual agency response, and commended Battalion Chief McBride for his calm control during the situation. Mayor Semeta expressed her appreciation to Chief Haberle for the amazing job and mutual aid coordination which resulted in a successful outcome. 6. 20-1793 Ascon Landfill Site Update Assistant City Manager Travis Hopkins presented a PowerPoint communication entitled: Ascon Landfill Site Update. Assistant City Manager Hopkins explained that all remediation work is halted while permits are being processed, and provided the current contact details for the project. 7. 20-1792 Update of the City COVID-19 Response Plan and Actions for Review and Discussion City Manager Oliver Chi presented a PowerPoint communication entitled: City of Huntington Beach COVID-19 Response Update with slides titled: Situational Update - U. S. Totals (3), Situational Update - California, Situational Update - Orange County (2), Local Available Hospital Resources, Situational Update - Huntington Beach (2), Situation At A Glance, Huntington Beach City Services Update, Situational Update - Opening Up the California Economy, Economic Recovery Update - COVID-19 Small Business Relief Program, and Questions? CONSENT CALENDAR Councilmember Carr pulled Consent Calendar Item #11, Councilmember Brenden pulled Item #15, and Councilmember Posey pulled Item #19 for further discussions. 8. 20-1786 Approved and Adopted Minutes A motion was made by Posey, second Brenden to approve and adopt the City Council/Public Financing Authority regular meeting minutes dated July 20, 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, Carr, and Brenden NOES: None ABSENT: Peterson 27 City Council/Public Financing Authority Regular Meeting Minutes August 3, 2020, Page 7 of 18 9. 20-1783 Received and filed the City Treasurer’s June 2020 Quarterly Investment Summary Report A motion was made by Posey, second Brenden to receive and file the City Treasurer's Quarterly Investment Report for June 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, Carr, and Brenden NOES: None ABSENT: Peterson 10. 20-1733 Adopted Resolution No. 2020-[43]56, confirming the report of the cost for weed abatement on private property within the City for the 2020 season A motion was made by Posey, second Brenden to adopt Resolution No. 2020-[43]56, "A Resolution of the City Council of the City of Huntington Beach Confirming the Report of the Public Works Director Regarding the Cost for Weed Abatement on Private Property within the City for the 2020 Season;" and, direct that all charges listed thereon be certified to the Orange County 2020/21 Property Tax Roll. The motion carried by the following vote: AYES: Posey, Delgleize, Hardy, Semeta, Carr, and Brenden NOES: None ABSENT: Peterson NOTE: A duplicate resolution number was discovered after this meeting, and these minutes reflect the corrected number for Item 20-1733 (Resolution No.2020-56). 11. 20-1780 Adopted Resolution No. 2020-48, approving the Certification of Special Assessments for Delinquent Civil Fines for Municipal Code Violations of the Municipal Code Councilmember Carr and Chief Financial Officer Dahle Bulosan discussed the large fine which was related to an illegal medical marijuana business. City Attorney Gates explained the process through the court system which parallels the City's code enforcement process. Councilmember Delgleize and City Attorney Gates discussed the fact that the courts are now open, after being closed for COVID-19, and are currently prioritizing criminal cases. A motion was made by Carr, second Posey to adopt Resolution No. 2020-48, "A Resolution of the City Council of the City of Huntington Beach Certifying Special Assessments for Collecting Delinquent Civil Fines for Nuisance Violations of the Municipal Code." The motion carried by the following vote: AYES: Posey, Delgleize, Hardy, Semeta, Carr, and Brenden NOES: None ABSENT: Peterson 28 City Council/Public Financing Authority Regular Meeting Minutes August 3, 2020, Page 8 of 18 12. 20-1769 Adopted Resolution No. 2020-51 to acknowledge receipt of a Fire Department report regarding the annual inspection of certain occupancies A motion was made by Posey, second Brenden to adopt Resolution No. 2020-51, "A Resolution of the City Council of the City of Huntington Beach, California, Acknowledging Receipt of a Report by the Huntington Beach Fire Department Regarding the Annual Inspection of Certain Occupancies." The motion carried by the following vote: AYES: Posey, Delgleize, Hardy, Semeta, Carr, and Brenden NOES: None ABSENT: Peterson 13. 20-1804 Adopted Resolution No. 2020-54, declaring the cancellation of the City Council/Public Financing Authority Regular Meeting of August 17, 2020, and directing the City Clerk to provide notice of such cancellation A motion was made by Posey, second Brenden to adopt Resolution No. 2020-54, "A Resolution of the City Council of the City of Huntington Beach Declaring the Cancellation of the City Council and Public Financing Authority Regular Meeting of August 17, 2020 and Directing the City Clerk to Provide Notice of Such Cancellation." The motion carried by the following vote: AYES: Posey, Delgleize, Hardy, Semeta, Carr, and Brenden NOES: None ABSENT: Peterson 14. 20-1798 Approved the Huntington Beach Downtown Business Improvement District (DTBID) Annual Report for Fiscal Year 2020-2021 and adopted Resolution No. 2020-49 declaring the City’s intention to levy an annual assessment for Fiscal Year 2020-2021 at a public hearing scheduled for September 8, 2020 A motion was made by Posey, second Brenden to approve the Huntington Beach Downtown Business Improvement District (DTBID) Annual Report for Fiscal Year 2020-2021 (attached as Exhibit A to Resolution No. 2020-49); and, adopt Resolution No. 2020-49, "A Resolution of the City Council of the City of Huntington Beach Declaring the City's Intention to Levy an Annual Assessment for Fiscal Year 2020-2021 Within the Huntington Beach Downtown Business Improvement District," which sets a public hearing for September 8, 2020. The motion carried by the following vote: AYES: Posey, Delgleize, Hardy, Semeta, Carr, and Brenden NOES: None ABSENT: Peterson 29 City Council/Public Financing Authority Regular Meeting Minutes August 3, 2020, Page 9 of 18 15. 20-1748 Approved and authorized execution of a three-year contract with Waymakers, in the amount of $272,797, for management of the Gang Prevention and Intervention Program Councilmember Brenden discussed with Chief Handy the City's experience with Waymakers vs. the company mentioned in public comments. Chief Handy clarified that Item 15 does not relate to the Gang Reduction and Intervention Program (GRIP) as stated by several public speakers. Other agencies in Orange County participate in the GRIP program, but Huntington Beach does not. Chief Handy stated the City has been with Waymakers since 1992 and Waymakers was the only responsive bidder this year. Chief Handy emphasized this is not a police program, but rather contracting with a social service agency to provide services which are not offered through the Police Department. Councilmember Delgleize and Chief Handy discussed the fact that the Agenda Packet for this item had all of the accurate facts which were available for a clear understanding of the program, and shared some examples of the types of services and programs offered for local at-risk kids and their families. Councilmember Posey stated his support for Waymakers, especially after meeting the Director, touring the facilities, and becoming aware of their high success rate with family re-unifications. Chief Handy stated that Waymakers has proven to be a valuable resource for the Police Department as well as community educators. Mayor Semeta expressed her strong support and appreciation for Waymakers, and urged the community to participate in their virtual fundraising efforts. Mayor Pro Tem Hardy explained that the City is doing exactly what the public speakers requested, i.e., giving Police Department funds to an agency that provides social services. Mayor Pro Tem Hardy also stated that both the City and school district are able to provide resources for families and students that may be struggling. A motion was made by Brenden, second Delgleize to approve and authorize the Mayor and City Clerk to execute the "Professional Services Contract between The City of Huntington Beach and Waymakers for the Management of Gang Prevention and Intervention Program." The motion carried by the following vote: AYES: Posey, Delgleize, Hardy, Semeta, Carr, and Brenden NOES: None ABSENT: Peterson 16. 20-1758 Accepted Park Improvements and the Guarantee and Warranty Bond for the Windbourne/Franklin Park Redevelopment Project (Tract 18147) at Sands Drive by Developer TRI Pointe Homes, Inc. A motion was made by Posey, second Brenden to accept park improvements for the Windbourne/ Franklin Park Redevelopment Project (Tract 18147) and instruct the City Clerk to record the "Acceptance of Public Park Improvements (Tract 18147" form (Attachment 2) with the Orange County Recorder; and, accept Guarantee and Warranty Bond No. PB03010406957 (Attachment 3), the security furnished for guarantee and warranty of park improvements, and instruct the City Clerk to file the bond with the City Treasurer; and, instruct the City Clerk to notify the developer, TRI Pointe Homes, Inc., of 30 City Council/Public Financing Authority Regular Meeting Minutes August 3, 2020, Page 10 of 18 this action, and the City Treasurer to notify the Surety, the Philadelphia Indemnity Insurance Company, of this action. The motion carried by the following vote: AYES: Posey, Delgleize, Hardy, Semeta, Carr, and Brenden NOES: None ABSENT: Peterson 17. 20-1785 Approved and authorized execution of a License Agreement between the City of Huntington Beach and OC405 Partners JV for temporary worker parking for the I- 405 Improvement Project A motion was made by Posey, second Brenden to approve and authorize the Mayor, City Manager, and City Clerk to execute the "License Agreement By and between The City of Huntington Beach and OC405 Partners JV for Temporary Use of City Property" (Attachment 1), as amended by Supplemental Communication. The motion carried by the following vote: AYES: Posey, Delgleize, Hardy, Semeta, Carr, and Brenden NOES: None ABSENT: Peterson 18. 20-1806 Approved and authorized execution of a License Agreement with the County of Orange to install, operate, and maintain an official and secure Ballot Drop Box at Harbour View Park, 16600 Saybrook Lane in Huntington Beach A motion was made by Posey, second Brenden to approve and authorize the Mayor and City Clerk to execute the "License Agreement" with the County of Orange for installation, operation, and maintenance of a Ballot Drop Box, as identified in Exhibits A and B (License Area description and location), at Harbour View Park located at 16600 Saybrook Lane in Huntington Beach. The motion carried by the following vote: AYES: Posey, Delgleize, Hardy, Semeta, Carr, and Brenden NOES: None ABSENT: Peterson 19. 20-1787 Adopted Ordinance No. 4201 repealing Chapter 8.48 and adopting a new Chapter 8.48 of the Huntington Beach Municipal Code (HBMC) relating to Public Nuisance Abatement of Abandoned, Wrecked, Dismantled or Inoperative Vehicles Approved for introduction July 20, 2020 - Vote: 7-0 Councilmember Posey pulled this item to state his concern that a neighbor may try to weaponize this in order to antagonize another resident they don't like, and to request an annual report of inoperative cars that were determined to be a nuisance by Code Enforcement. 31 City Council/Public Financing Authority Regular Meeting Minutes August 3, 2020, Page 11 of 18 City Attorney Gates explained that the ordinance really can't be used as a weapon because Code Enforcement will use due diligence to determine whether a vehicle has been truly abandoned and whether there is a restoration project effort. He added the Code Enforcement process includes an appeal mechanism for anyone who is cited to ensure ample opportunity for everyone involved to describe their position. Councilmember Delgleize stated that over her last ten years of involvement with this issue she has never felt the City was overly aggressive and has been open to working with residents. A motion was made by Posey, second Delgleize to adopt Ordinance No. 4201, "An Ordinance of the City of Huntington Beach Repealing Chapter 8.48 and Adopting New Chapter 8.48 of the Huntington Beach Municipal Code Relating to Public Nuisance Abatement of Abandoned Vehicles." The motion carried by the following vote: AYES: Posey, Delgleize, Hardy, Semeta, Carr, and Brenden NOES: None ABSENT: Peterson PUBLIC HEARING 20. 20-1807 Public Hearing held — Approved Amendment No. 3 (SUBSTANTIAL) to Fiscal Year 2019-20 Annual Action Plan for Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) Programs Community Development Director Ursula Luna-Reynosa provided a brief introduction for this item, explained that due to COVID-19 there are different funding restrictions this year, and this Amendment will allow CDBG funds to cover staff expenses which will positively impact the General Fund. Councilmember Posey and Director Luna-Reynosa discussed the homeless outreach funds will be used to cover existing homeless outreach expenses. Mayor Semeta opened the Public Hearing. City Clerk Estanislau announced there were no call-in speakers for this item. Mayor Semeta closed the Public Hearing. Councilmember Posey confirmed with Director Luna-Reynosa that some of the CDBG funding, along with CARES Act funding, will be used for the Cameron Lane site. A motion was made by Posey, second Delgleize to approve Amendment No. 3 (SUBSTANTIAL) to the City of Huntington Beach Fiscal Year 2019-20 Annual Action Plan for the Community Development Block Grant and HOME Investment Partnership Programs; and, authorize the City Manager to sign all necessary U.S. Department of Housing and Urban Development documents and take all other necessary administrative and budgetary actions. The motion carried by the following vote: AYES: Posey, Delgleize, Hardy, Semeta, Carr, and Brenden NOES: None ABSENT: Peterson 32 City Council/Public Financing Authority Regular Meeting Minutes August 3, 2020, Page 12 of 18 ADMINISTRATIVE ITEMS 21. 20-1768 Adopted Resolution No. 2020-53 amending the current Uniform Bail Schedule for Parking Violations; and, approved for introduction Ordinance No. 4218 amending Huntington Beach Municipal Code Chapters 10.50 and 10.52 relating to City Pay Parking Lots and Off-Street City Parking Lots Police Chief Handy introduced this as a clean-up item, and Police Lieutenant David Dereszynski and Parking Supervisor Karissa Yniguez presented a PowerPoint communication entitled Resolution 2020- 53 with slides titled: Resolution 2020-53 - Access Road No Parking; Resolution 2020-53 - School Loading Zone; Resolution 2020-53 - No Parking, Bus Loading Zone; Ordinance 4218 - Free Parking; Ordinance No. 4218 - EV; Resolution 2020-53 - Items 18 & 19; Resolution 2020-53 - Items 1-8; Resolution 2020-53 - Items 9-14; and Resolution 2020-53 - Items 15-21. Chief Handy added that no fines are being increased, but fines are being added to specific violations to allow for more specific citations and to remove some of the general categories. Councilmember Posey and Supervisor Yniguez discussed that this item does not address parking time limits but rather the complaints that other vehicles are blocking EV charging-station parking. Lieutenant Dereszynski confirmed that the City does not enforce EV charging-station parking violations on private property. Councilmember Brenden and Supervisor Yniguez discussed that private property owners with charging stations are responsible for their own enforcement which would involve contracting with a private security company to enforce to City requirements. Councilmember Carr explained that as the owner of an electric vehicle she is aware that the charging costs usually automatically increase after a couple of hours, and that information is posted at the charging station. Councilmember Carr clarified with staff when and how parking violations are enforced at parks or non-metered parking lots related to curfews. Councilmember Delgleize and Supervisor Yniguez discussed the violations that the police are able to address on private property, such as fire lanes and handicap marked stalls. A motion was made by Brenden, second Delgleize to adopt Resolution No. 2020-53, "A Resolution of the City Council of the City of Huntington Beach Adopting an Amended Uniform Bail Schedule for Parking Violations," based on the recommended amended bail schedule with proposed existing City of Huntington Beach Municipal Codes; and, after the City Clerk reads by title, approve for introduction Ordinance No. 4218, "An Ordinance of the City of Huntington Beach Amending Huntington Beach Municipal Code Chapters 10.50 and 10.52 Relating to City Pay Parking Lots and Off-Street Lots," as amended by Supplemental Communication. The motion carried by the following vote: AYES: Posey, Delgleize, Hardy, Semeta, Carr, and Brenden NOES: None ABSENT: Peterson 33 City Council/Public Financing Authority Regular Meeting Minutes August 3, 2020, Page 13 of 18 22. 20-1799 Authorized and directed the City Manager to take the following actions needed to begin operating an expanded 174-bed shelter facility at the Cameron Lane / Beach Boulevard site effective the first week of November 2020: (1) execution of a homeless shelter operator contract with Mercy House with a first year cost of $2,596,240 (utilizing CDBG, SB2, and COVID-19 response funds); (2) expenditures in an amount not to exceed $2,220,000 for site work / FF&E costs related to expanding the Cameron Lane / Beach Boulevard shelter (utilizing COVID-19 response funds); (3) execute a ground lease agreement in an amount not to exceed $120,000 for accelerated use of 17642 Beach Boulevard (utilizing COVID-19 response funds); and (4) allocation of $3,214,035 in housing funds for acquisition of 17642 Beach Boulevard (utilizing Low-Moderate Income Housing Asset Funds) City Manager Oliver Chi introduced the item as well as Community Development Director Ursula Luna- Reynosa, Environmental Consultant David Bernier with EEC Environmental, Larry Haynes, Mercy House CEO and Timothy Hume, Mercy House Chief Program Officer who presented a PowerPoint communication entitled: Cameron / Beach Site, Establishing An Operational 174-Bed Shelter Facility By November 2020 with slides titled: Discussion Items, City Has Been Refining Our Homeless Response Since Latte 2013, Effort Has Continued With Additional Resources Allocated Over The Years, Homeless Situation Has Become More Acute Throughout OC In Recent Years, Without A Shelter, Legal Issues Preclude Us From Enforcing Quality Of Life Rules, City Has Considered 35 Different Sites For A Local Shelter, Original Cameron / Beach Shelter Project Overview, Importance Of Establishing A 174-Bed Shelter In HB (2), Expanded 174-Bed Shelter Possible With Both Cameron and Beach Parcels, 173 Bed Shelter @ Cameron & Beach Parcels, Environmental Testing / Mitigation For Cameron Site, OCHCA May 22, 2020 Letter Regarding Use of Cameron Lane for Shelter Facility, Construction Timeline Driving Property Negotiation Process, Cameron Site Acquisition Nearing Completion, Beach Site Ground Lease Being Negotiated, Funding Overview - COVID-19 Monies Available, Mercy House Operating Contract Expenditures, Proposed Shelter Establishment and Ground Lease Expenditures, Allocation of LMIHAF Funds For Acquisition Of Beach Parcel In 2021, Staff Recommendation, Staff Has Identified The Cameron / Beach Site As Our Quickest Path Forward, and Questions? Councilmember Posey thanked the team for a thorough presentation, and provided a brief history of past efforts to meet the homeless needs and Council majority votes to accept CBDG and SB2 funding. Councilmember Posey confirmed with Community Development Director Ursula Lunda-Reynosa that this ministerial project is not subject to a CEQA review, and the City does not have a historic preservation ordinance, and City Historian Kathie Schey, as well as the California State Historic Preservation Office, have all confirmed the land does not contain a historic structure. Councilmember Posey provided a recap of the Gothard Site where it was determined there wasn't room for enough beds to meet Judge Carter's mandate, as well as in-compatibility with neighbors. Councilmember Carr thanked staff for their hard work on this project, and discussed environmental testing which showed various concentrations of pesticides, lead and hex chrome in the soil with Environmental Consultant Bernier. Consultant Bernier explained that an asphalt cap will meet safety standards to prevent dermal contact or ingestion, and allow the County to build, but remediation would be required for further development in the future. Councilmember Carr confirmed with Director Luna- Reynosa that the current property owner is doing their own environmental assessment and the results are expected any day. This is creating a short delay, but is not expected to stop the sale. City Manager Chi confirmed that the Mercy House contract of $6.2M will cover all 174 beds, and explained that the Center will be for Huntington Beach residents, and the County will have access to meet their 34 City Council/Public Financing Authority Regular Meeting Minutes August 3, 2020, Page 14 of 18 COVID-19 response activities which may change by the time this shelter is available for use in November. City Manager Chi stated that there will be strict COVID-19 safety measure standards, such as social distancing and testing, and Mercy House, Illumination Foundation and Salvation Army are already successfully managing other facilities in the area to these standards. Mayor Pro Tem Hardy and City Manager Chi discussed the various reasons that the 36 City sites that were considered for the Navigation Center were deemed not acceptable. Mayor Pro Tem Hardy expressed her concerns about the areas currently designated for smoking, the dog run and trash enclosure for the Cameron side and their proximity to the homes on Cameron. City Manager Chi confirmed that when social distancing and other COVID-19 related safety standards are no longer required the number of available beds could be increased. Mayor Pro Tem Hardy stated that the Navigation Center security program will include the area surrounding the Center, and provided the example of the Spring Hill Suites site, which is currently being used by the County, to demonstrate that housing the homeless usually doesn't negatively impact the surrounding neighborhood. Mayor Pro Tem Hardy, speaking on behalf of herself and Councilmember Peterson who was absent, stated their support for accepting the offer to document and record the history of the site residence before it is demolished, even though that is not required. Councilmember Brenden stated his support for Mayor Pro Tem Hardy's comment regarding placement of the smoking, dog run and trash areas. Councilmember Brenden invited Mercy House CEO Haynes to share their philosophy, experiences gained from other area locations they manage, and mitigating the fear from surrounding neighborhoods. Councilmember Brenden thanked City staff, Ralph Bauer, Homeless United Huntington Beach, and Homeless Awareness for their support and efforts in getting to this point. Councilmember Delgleize acknowledged the work and efforts of the Homeless Task Force, and support from the City of Costa Mesa, which were instrumental in reaching this point, and shared her excitement that Mercy House has been selected to provide management for the Navigation Center. Mayor Semeta expressed appreciation for the progress that has been made through the years by the efforts of many people to reach the best solution in order for t he City to enforce quality of life regulations. Mayor Semeta and City Manager Chi discussed details related to the $120,000 lease which would provide access to the site before the close of escrow which is expected in early 2021. City Manager Chi explained that the November operation date was selected based upon the availability of Mercy House to manage the facility. Mercy House CEO Haynes explained that access to the facility is needed for training and developing procedures specific to the location before residents can be accepted. Mayor Semeta and City Manager Chi discussed the City's responsibility related to the environmental toxins if permanent housing was planned sometime in the future, and confirmed the City is performing due diligence for what City Manager Chi described as a "relatively undemanding" remediation. Consultant Bernier described the due diligence considerations for what basically could become a soil removal, haul-away and clean material replacement remediation, if a future redevelopment project is approved for this site. City Manager Chi confirmed that allowing the County to have access to a selected number of beds will not negatively impact the City's court required 60% (sixty percent) threshold. A motion was made by Brenden, second Delgleize to authorize and direct the City Manager to take the following actions to begin operating an expanded 174-bed shelter facility at the Cameron Lane / Beach Boulevard site effective November 2, 2020: (1) Execution of a homeless shelter operator contract with Mercy House with a first year cost of $2,596,240 (utilizing CDBG, SB2, and COVID-19 response funds); 35 City Council/Public Financing Authority Regular Meeting Minutes August 3, 2020, Page 15 of 18 and, (2) Expenditures in an amount not to exceed $2,220,000 for site work / FF&E costs related to expanding the Cameron Lane / Beach Boulevard shelter (utilizing COVID-19 response funds); and, (3) Execute a ground lease agreement in an amount not to exceed $120,000 for accelerated use of 17642 Beach Boulevard (utilizing COVID-19 response funds); and, (4) Allocation of $3,214,035 in housing funds for acquisition of 17642 Beach Boulevard (utilizing Low-Moderate Income Housing Asset Funds), as amended by Supplemental Communication. The motion carried by the following vote: AYES: Posey, Delgleize, Hardy, Semeta, Carr, and Brenden NOES: None ABSENT: Peterson 23. 20-1810 Approved temporary closure of the third block of Main Street to vehicular traffic to permit restaurants and select retail to serve patrons in the public right-of-way City Manager Chi introduced this item by providing a brief timeline, describing implementation for the second block of Main Street, and discussions with the Downtown Business Improvement District (DTBID) regarding expanding the use of public right-of-way to the third block of Main Street. Sarah Kruer, DTBID Executive Director, stated the effort to close the second block of Main Street to vehicular traffic has successfully generated revenue for those businesses. Ms. Kruer explained the request of a majority of business owners on the third block of Main Street who are interested in an opportunity for increased capacity and foot traffic volume in a safe environment. She added that the DTBID effort this past week to speak with every business owner on the third block of Main Street wasn't one hundred percent successful, but the consensus among those they were able to speak with is a desire to increase safely distanced foot traffic to increase the probability for revenue and successful business operations. Councilmember Delgleize and DTBID Director Kruer discussed concerns related to retail businesses other than restaurants and emphasized the need to work together. Director Kruer explained that approving this item would make it possible for the DTBID to develop a cost-effective retail plan to meet the needs of these retail businesses vs mostly restaurants on the second block of Main Street. City Manager Chi stated the possibility of implementing a parking validation program for retailers to use the parking structure during the pandemic. Mayor Pro Tem Hardy stated her support for implementing a parking validation plan, and presented the possibility of moving third block restaurant tables out front and allowing salons use of the back parking lot if allowed by health codes. DTBID Director Kruer explained that per existing cosmetology code a salon must be operating adjacent to their business address if utilizing outdoor space. Councilmember Brenden expressed his opinion that approving this program for the third block of Main Street will provide an opportunity to fine-tune the program and to implement some standardization. He expressed his concerns regarding the narrow sidewalk, especially on the east side of Main Street, and suggested possibly implementing a plan that allows those businesses use of the sidewalk in front of their business and re-routing pedestrian traffic into the street. He also stated that this is a temporary plan, not something permanent, and no one knows if it will be successful if it isn't at least tried. Councilmember Brenden emphasized that Olive Street would stay open. He stated his support for a 36 City Council/Public Financing Authority Regular Meeting Minutes August 3, 2020, Page 16 of 18 merchant parking validation program that does not incur any cost for the businesses, but would be underwritten by the City. Councilmember Posey shared his first-hand conversations with happy second block restaurant owners who are pleased with their revenue increases due to the second block of Main Street being closed to vehicles, and he suggested booking live entertainment at the north end of the third block as well as the south end of the second block on selected evenings as a way to maintain and share the opportunity for increased business. Councilmember Carr described conversations with local residents who are now exploring the businesses on the second block, and those businesses have seen increased profits since the program was implemented. She understands the third block businesses have a separate set of concerns, but believes in the end they would also benefit if this item is approved. DTBID Director Kruer explained that the DTBID is committed to working with the concerned retail businesses to develop plans and systems that will work to increase foot traffic and ultimately revenue. Councilmember Carr confirmed that deliveries will be worked out through changed times or location for the affected third block businesses. Councilmember Carr encouraged the DTBID to continue emphasizing the importance of social distancing and wearing of masks. DTBID Director Kruer described the coordinated effort already in place for signs and plans that support social safety measures. Mayor Semeta shared her personal delight at the response to the second block program, and stated she understands the concerns of a few of the third block businesses, but she will support this item because she believes the DTBID has plans to address those concerns. A motion was made by Brenden, second Delgleize to authorize the City Manager to temporarily close the third block of Main Street. The motion carried by the following vote: AYES: Posey, Delgleize, Hardy, Semeta, Carr, and Brenden NOES: None ABSENT: Peterson COUNCILMEMBER ITEMS 24. 20-1803 Item submitted by Councilmember Posey Approved — Coordinate a Study Session to review the City’s Park Development Efforts between Fiscal Years 2014- 15 to 2019-20, including a review of the City’s Parkland Acquisition and Park Facilities Development Impact Fee Councilmember Posey introduced his item by providing a historical perspective and described the alarming figures in the current budget which show revenues for Park Development Impact Fees for 2017/2018 at $7.7M, but only $315,000 for 2020/2021, and the current Park Development Impact Fees Fund of only $3.28M. He would like to see the 2014/15 comprehensive report updated to reflect current numbers, including the spending through these years and staff alternate funding source recommendations. 37 City Council/Public Financing Authority Regular Meeting Minutes August 3, 2020, Page 17 of 18 Councilmember Brenden stated his support for a clear financial picture of park needs vs available funding. Councilmember Carr expressed her desire to also see additional options for funding the maintenance of parks such as propositions and grants. Mayor Semeta and City Manager Chi discussed that the Rodgers' Center update at the previous City Council meeting included an overview of the initial Park Master Plan. Councilmember Posey stated that overview did not address the issue of only $3.28M in available funds nor acknowledge the need for more funding to meet upcoming needs. Mayor Pro Tem Hardy stated she would like to see where park funds have come from in the past, outside of the Park Fund, and suggested it might be time to consider a park assessment ballot measure. Councilmember Posey suggested revisiting how the Senior Center was funded when the Pacific City developer went bankrupt and was unable to pay their Park Development Impact Fee, and consider borrowing as well as a bond measure. A motion was made by Posey, second Delgleize to recommend the City Council direct the City Manager to schedule a Study Session and present an overview of the City's park development efforts from 2014 to 2020. This overview should also include a corresponding assessment of the use and current fund balance of the City's Parkland Acquisition and Park Facilities Development Impact Fee, as amended to include all potential funding sources. The motion carried by the following vote: AYES: Posey, Delgleize, Hardy, Semeta, Carr, and Brenden NOES: None ABSENT: Peterson COUNCILMEMBER COMMENTS (Not Agendized) Councilmember Posey reported observing the Surfing Walk of Fame New Stone Ceremony and acknowledged John & Carla Etheridge, "PT" Peter Townend, Don MacAllister, Rick Brown, Matt Liffreing, Mike Abdelmuti and Aaron Pai for their dedication. Mayor Semeta announced Amanda Nigro, a 2020 graduate of Edison High School, as a Girl Scout Gold Award recipient for her education project on the importance of the wetlands, and was also nominated to be one of three delegates from Orange County for National Gold Award Girl Scout recognition. Mayor Semeta reported observing the Surfing Walk of Fame New Stone Ceremony, and attending the surprise retirement party for Susan Thomas of Visit HB. ADJOURNMENT at 10:15 PM in memory of USMC soldiers who died in a recent Camp Pendleton training accident, to the next regularly scheduled meeting of the Huntington Beach City Council/Public 38 City Council/Public Financing Authority Regular Meeting Minutes August 3, 2020, Page 18 of 18 Financing Authority on Tuesday, September 8, 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 39 City of Huntington Beach File #:20-1765 MEETING DATE:9/8/2020 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Robin Estanislau, CMC, City Clerk PREPARED BY:Robin Estanislau, CMC, City Clerk Subject: Receive and file City Clerk’s quarterly listing of professional services contracts filed in the City Clerk’s office between January 1, 2020 and June 30, 2020 Statement of Issue: The listed contracts are entered into by City Departments and consultant firms pursuant to the Huntington Beach Municipal Code. Funds are in the City budget. These contracts have been transmitted to the City Clerk for official filing for the public record. Financial Impact: No fiscal impact. Recommended Action: A) Receive and file the “List of Professional Services Contracts Approved by Department Heads and Submitted to the Office of the City Clerk during the period of January 1, 2020 and March 31, 2020;” and, B) Receive and file the “List of Professional Services Contracts Approved by Department Heads and Submitted to the Office of the City Clerk during the period of April 1, 2020 and June 3 0, 2020.” Alternative Action(s): Do not proceed and provide alternative direction to staff. Analysis: On November 19, 2001, the City Council established a policy to follow the administration of all contracts entered into between City Departments and consultant firms pursuant to Huntington Beach Municipal Code Chapter 3.03. Accordingly, Administrative Regulation No. 228, effective as of August 4, 2008, prescribes the policy regarding professional service contracts. This policy ensures public review of new contracts through identification on the Council agenda as required by section 6.4.1 of the policy. Attachment #1 is a list of contracts entered into by City Departments and received in the City Clerk’s City of Huntington Beach Printed on 9/2/2020Page 1 of 2 powered by Legistar™40 File #:20-1765 MEETING DATE:9/8/2020 office for the first quarter of 2020. Attachment #2 is a list of contracts entered into by City Departments and received in the City Clerk’s office for the second quarter of 2020. Environmental Status: Not applicable. Strategic Plan Goal: Strengthen long-term financial and economic sustainability Attachment(s): 1. “List of Professional Services Contracts Approved by Department Heads and Submitted to the Office of the City Clerk During the Period January 1, 2020 through March 31, 2020.” 2. “List of Professional Services Contracts Approved by Department Heads and Submitted to the Office of the City Clerk During the Period April 1, 2020 through June 30, 2020.” City of Huntington Beach Printed on 9/2/2020Page 2 of 2 powered by Legistar™41 Page 1 of 2 *This list includes all contracts received which are public records List of Professional Services Contracts Approved by Department Heads and Submitted to the Office of the City Clerk during the period of January 1, 2020 and March 31, 2020 AGREEMENT DATE DEPARTMENT NAME OF CONTRACTOR AMOUNT PURPOSE EXPIRATION 01/14/2020 Police Norman A. Traub & Associates Adding additional compensation of $30,000 for a ttl contract nte $82,500 Amendment #2 – Background Investigative Services 03/21/2021 01/27/2020 Community Development Lisa Wise Consulting, Inc. Adding additional compensation of $38,000 for a ttl contract nte $68,000 Amendment #1 – Short Term Rental Study 06/06/2022 02/01/2020 Public Works HF&H Consultants, LLC nte $30,000 Solid Waste Contract Negotiation Support Services 02/02/2023 02/02/2020 Administration FSB Public Affairs nte $30,000 Communication and Public Affairs Consulting 02/02/2023 02/04/2020 Human Resources Liebert Cassidy Whitmore Adding additional compensation of $20,000 for a ttl contract nte $50,000 Amendment #1 – Labor Negotiations Services Term extended to 06/30/2020 02/06/2020 Community Development GRC Associates, Inc. nte $29,900 Administration of the Housing Rehabilitation Loan Program 02/06/2023 2/20/2020 Human Resources Norman A. Traub & Associates LLC Adding additional compensation of $50,000 for ttl contract nte $80,000 Amendment #1 – Workplace Investigative Services 7/01/2022 42 Page 2 of 2 *This list includes all contracts received which are public records 3/09/2020 Fire RCS Investigating & Consulting, LLC nte $50,000 Public Safety Background and Investigative Services 3/09/2023 3/10/2020 Fire Evans & Walker Additional compensation of $3,000 for ttl contract nte $13,000 Amendment #1 – Petroleum Engineering Consulting Services 12/13/2022 3/10/2020 Information Services WeRNerds nte $30,000 Citrix Environment Upgrade Project 3/10/2023 3/10/2020 Community Development LSA, Associates, Inc. nte $96,910 Preparation of a Mitigated Negative Declaration for Seacliff Senior Living and Memory Care Facility 3/10/2021 3/13/2020 Finance Mark Alvarado Adding additional compensation of $60,000 for a ttl contract nte $90,000 Amendment #1 – Consultative Financial Services 10/24/2022 3/16/2020 Finance The Martinet Group, LLC nte $6,000 Disaster Cost Recovery Consulting 3/16/2023 3/16/2020 Community Development Mercy House Living Centers nte $30,000 Emergency Shelter and Homeless Strategies Consulting Services 5/31/2020 3/17/2020 Human Resources Carl Warren and Company nte $8,500 per mo/ttl nte $90,500. Liability Claim Investigation and Processing Month to month; nte 11 months – 2/17/2021 3/16/2020 Administration BadFish Media, Inc. nte $100,000 Communications and Media Services Related to Covid-19 3/16/2023 43 Page 1 of 1 *This list includes all contracts received which are public records List of Professional Services Contracts Approved by Department Heads and Submitted to the Office of the City Clerk during the period of April 1, 2020 and June 30, 2020 AGREEMENT DATE DEPARTMENT NAME OF CONTRACTOR AMOUNT PURPOSE EXPIRATION 4/14/2020 Fire Valiant Training and Research, Inc. nte $100,000 To Staff and Provide Oversight for a Medical Advice Line for the Public and for Employees 4/14/2023 4/17/2020 Administration Teri Black & Company, LLC. nte $28,500 Executive Search to Recruit a Public Works Director 4/17/2023 5/01/2020 Police The Consulting Team International nte $25,000 Psychological Testing Services 5/01/2023 5/12/2020 Administration C. Epting, Inc. nte $20,000 Write/Host/Produce “Hidden Huntington Beach” for Channel 3, Surf City TV 5/12/2023 5/14/2020 Administration Municipal Resource Group (MRG) nte $30,000 Strategic Human Resources Consulting Services 5/14/2023 5/17/2020 Police LD Consulting, LLC nte $30,000 Crime Scene Investigator Audit 5/17/2023 5/18/2020 Community Development Michael Baker International, Inc. nte $240,000 Comprehensive Local Coastal Program Update 5/17/2023 6/09/2020 Finance The Martinent Group, LLC Adding additional compensation of $24,000 for total nte $30,000 Amendment #1 – Disaster Cost Recovery Consulting 3/16/2023 6/15/2020 Finance WorkTerra nte $30,000 Affordable Care Act (ACA) Tracking and Reporting Services 6/15/2023 6/17/2020 Community Development Dr. Wallace Walrod nte $25,000 Industry/Cluster Workforce Analysis 6/17/2023 6/17/2020 Public Works Clinical Laboratory of San Bernardino nte $30,000 On-Call Water Quality Analysis 6/17/2023 44 City of Huntington Beach File #:20-1830 MEETING DATE:9/8/2020 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Oliver Chi, City Manager PREPARED BY:Alisa Backstrom, City Treasurer Subject: Adopt Resolution No. 2020-55 authorizing the City Treasurer Alisa Backstrom and her successors in office, Deputy City Treasurer (Joyce M. Zacks) and his/her successors in office, Chief Financial Officer (Dahle Bulosan) and his/her successors in office , and Assistant Chief Financial Officer (Sunny Rief) and his/her successors, in office to make deposits and withdrawals on behalf of the City Statement of Issue: Should the City Council adopt Resolution No. 2020-55 authorizing the City Treasurer, Alisa Backstrom and her successors in office, Deputy City Treasurer (Joyce M. Zacks) and his/her successors in office, Chief Financial Officer (Dahle Bulosan) and his/her successors in office, and Assistant Chief Financial Officer (Sunny Rief) and his/her successors in office, to order deposits or withdrawals of money in the Local Agency Investment Fund (LAIF) on behalf of the City. Financial Impact: Not applicable. Recommended Action: Adopt Resolution No. 2020-55, “A Resolution of the City Council of the City of Huntington Beach, Authorizing Investment of Monies in the Local Agency Investment Fund;” City Treasurer Alisa Backstrom and her successors in office, Deputy City Treasurer (Joyce M. Zacks) and his/her successors in office, Chief Financial Officer (Dahle Bulosan) and his/her successors in office, and Assistant Chief Financial Officer (Sunny Rief) and his/her successors in office. Alternative Action(s): Do not approve and direct staff as applicable. Analysis: The State of California’s Treasurer’s office has requested an updated resolution from the City. The Local Agency Investment Fund (LAIF), a voluntary program created by statute, began in 1977 as an investment alternative for California’s local governments and special districts. The enabling legislation for the LAIF is Government Code Section 16429.1,2,3,4 of the California Government City of Huntington Beach Printed on 9/2/2020Page 1 of 2 powered by Legistar™45 File #:20-1830 MEETING DATE:9/8/2020 legislation for the LAIF is Government Code Section 16429.1,2,3,4 of the California Government Code that authorizes local governments to invest in LAIF. It has been determined that the State of California cannot declare bankruptcy under Federal regulations, thereby allowing the Government Code Section 16429.3 to stand. This Section states,“money placed with the State Treasurer for deposit in the LAIF shall not be subject to impoundment or seizure by any State official or State agency.” During the 2002 session, California Government Code 16429.4 was added to the LAIF’s enabling legislation. The Section states, “the right of a city, county, city and county, special district, nonprofit corporation, or qualified quasi-governmental agency, to withdraw its deposited money from the LAIF upon demand may not be altered, impaired, or denied in any way by any state official or state agency based upon the State’s failure to adopt a State Budget by July 1 of each new fiscal year.” In addition, the City’s investment policy, which is annually reviewed and accepted by City Council, also authorizes the City to invest in LAIF under Section 10.0 Authorized and Suitable Investments. Environmental Status: Not applicable. Strategic Plan Goal: Strengthen long-term financial and economic sustainability Attachment(s): 1. Resolution No. 2020-55, “A Resolution of the City Council of the City of Huntington Beach Authorizing Investment of Monies in the Local Agency Investment Fund” 2. Government Code Section 16429-1 through 16429.4 3. City of Huntington Beach 2020 Investment Policy City of Huntington Beach Printed on 9/2/2020Page 2 of 2 powered by Legistar™46 47 48 49 50 1 CITY OF HUNTINGTON BEACH STATEMENT OF INVESTMENT POLICY 2020 51 2 CITY OF HUNTINGTON BEACH STATEMENT OF INVESTMENT POLICY 2020 TABLE OF CONTENTS SECTION 1.0 Purpose..................................................................................................................... 3 2.0 Policy ........................................................................................................................ 3 3.0 Scope......................................................................................................................... 3 4.0 Prudence .................................................................................................................. 4 5.0 Objective .................................................................................................................. 4 6.0 Investment Advisory Board ................................................................................... 5 7.0 Delegation of Authority .......................................................................................... 5 8.0 Ethics and Conflicts of Interest ............................................................................. 6 9.0 Authorized Financial Dealers & Institutions ....................................................... 6 10.0 Authorized & Suitable Investments ...................................................................... 7 11.0 Portfolio Adjustment ............................................................................................ 13 12.0 Collateralization .................................................................................................... 13 13.0 Safekeeping and Custody ..................................................................................... 14 14.0 Diversification ....................................................................................................... 14 15.0 Maximum Maturities ............................................................................................ 15 16.0 Internal Control .................................................................................................... 15 17.0 Performance Standards ........................................................................................ 16 18.0 Reporting ............................................................................................................... 17 19.0 Investment Policy Adoption ................................................................................ 18 Glossary ................................................................................................................. 19 52 3 CITY OF HUNTINGTON BEACH Statement of Investment Policy 1.0 Purpose: This policy is intended to provide guidelines for the prudent investment of the City’s unexpended cash balances, and to outline the policies to assist in maximizing the efficiency of the City’s cash management system while meeting the daily cash flow demands of the City. 2.0 Policy: The investment practices and policies of the City of Huntington Beach are based upon California state law and prudent money management. 3.0 Scope: This investment policy applies to all financial assets as indicated in Section 3.1 below of the City of Huntington Beach. These funds are accounted for in the City’s Comprehensive Annual Financial Report. 3.1 Funds: The City Treasurer is responsible for investing the unexpended cash in the City Treasury for all funds, except for the employee’s pension funds, which are invested separately by CALPERS, those funds which are invested separately by the City Treasurer under bond indenture agreements, and funds which are invested separately by the City Treasurer or trustees under other agreements approved by Council such as the Retiree Medical Trust, the Post-Employment Section 115 Trust and the Supplemental Pension Trust. The City Treasurer will strive to maintain the level of investment of this cash (that is not to be utilized for operating cash flow in the next six months), as close as possible to 100%. These funds are described in the City’s annual financial report and include: 3.1.1 General Fund 3.1.2 Special Revenue Funds 3.1.3 Capital Project Funds 3.1.4 Enterprise Funds 3.1.5 Trust and Agency Funds 3.1.6 Debt Service Funds 53 4 3.1.7 Infrastructure Funds 3.1.8 Capital Improvement Reserve Funds 3.1.9 Any new fund created by the legislative body, unless specifically exempted This investment policy applies to all transactions involving the financial assets and related activity of the foregoing funds. It is the City’s policy to pool funds for investment purposes to provide efficiencies and economies of scale. Investing through a pooled account will provide for greater use of funds by allowing for a more efficient cash flow, a reduction in transaction costs and a greater access to the market. 4.0 Prudence: The standard of prudence to be used by the City Treasurer shall be the “prudent investor” standard. This shall be applied in the context of managing an overall portfolio. The “Prudent Investor Rule” provides, pursuant to California Government Code Section 53600.3, that investments shall be made with judgment and care—under circumstances then prevailing—which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived. The City Treasurer and any designee of the City Treasurer, as investment officers acting in accordance with written procedures and the investment policy and exercising due diligence, shall be relieved of personal responsibility for an individual security’s credit risk or market price changes, provided deviations from expectations are reported to the City Council in a timely fashion and appropriate action is taken to control adverse developments. 5.0 Objective: Consistent with this aim, investments are made under the terms and conditions of California Government Code Section 53600, et seq. Criteria for selecting investments and the absolute order of priority are: 5.1 Safety: Safety of principal is the foremost objective of the investment program. Investments of the City of Huntington Beach shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. 54 5 5.2 Liquidity: The investment portfolio will remain sufficiently liquid to enable the City of Huntington Beach to meet all reasonably anticipated operating requirements and to maintain compliance with any indenture agreement, as applicable. Liquidity is essential to the safety of principal. Furthermore, since all possible cash demands cannot be anticipated, the portfolio will invest primarily in securities with active secondary and resale markets. 5.3 Return on Investments: The investment portfolio shall be designed with the objective of attaining a market-average rate of return throughout budgetary and economic cycles (market interest rates), within the City of Huntington Beach’s investment policy’s risk parameters and the cash flow needs of the City. See also Section 17.0. 6.0 Investment Advisory Board: By City Charter, the City Treasurer is the custodian of all public funds of the City of Huntington Beach. The City Council members may each appoint one Huntington Beach resident to serve on an Investment Advisory Board for the purpose of advising the City Treasurer and the City Council on the City’s investment program. The Investment Advisory Board will review the investment portfolio for compliance with the adopted investment policy on a quarterly basis and will prepare an Annual Report. 7.0 Delegation of Authority: In accordance with the State of California Government Code § 53607, the City Council delegates investment authority to the City Treasurer for a period of one year and such investment authority must be renewed annually. Adoption of this policy constitutes delegation of investment authority to the City Treasurer for the following year unless revoked in writing. Within the City Treasurer’s office, the responsibility for the day to day investment of City funds will be the City Treasurer and may be delegated to such deputy chosen by the City Treasurer in the absence of the City Treasurer (as allowable per State of California Government Code § 41006). The City Treasurer shall be responsible for all transactions undertaken and shall establish a system of controls to regulate the activities of subordinate officials. 55 6 8.0 Ethics and Conflicts of Interest: In addition to state and local statutes relating to conflicts of interest, all persons involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions. Employees and investment officers are required to file annual disclosure statements as required for "public officials who manage public investments" (as defined and required by the Political Reform Act and related regulations, being Government Code Sections 81000 and the Fair Political Practices Commission (FFPC)). 9.0 Authorized Financial Dealers and Institutions: The City Treasurer will maintain a list of the financial institutions and broker/dealers authorized to provide investment and depository services and will perform an annual review of the financial condition and registrations of such qualified providers. The City Treasurer will also require annual audited financial statements to be on file for each company. The City shall annually send a copy of the current investment policy to all financial institutions and broker/dealers approved to do business with the City. As far as feasibly possible, all money belonging to, or in the custody of, a local agency, including money paid to the City Treasurer or other official to pay the principal, interest, or penalties of bonds, shall be deposited for safekeeping in national or state chartered banks, savings associations, federal associations, credit unions, or federally insured industrial loan companies in this state selected by the City Treasurer or other official having legal custody of the money; or may be invested in the investments set forth in Section 10.0. To be eligible to receive local agency money, a bank, savings association, federal association, or federally insured industrial loan company shall have received an overall rating of not less than "satisfactor y" in its most recent evaluation by the appropriate federal financial supervisory agency of its record of meeting the credit needs of California's communities, including low- and moderate-income neighborhoods. In order to be approved by the City, the dealer must be a “primary” dealer or regional dealer that qualifies under Securities and Exchange Commission Rule 15C3-1 (Uniform Net Capitol Rule). The institution must have an office in California. The dealer must be experienced in institutional and public fund trading practices and familiar with the 56 7 California Government Code as related to investments appropriate for the City; and, other criteria as may be established in the investment procedures. All broker/dealers and financial institutions who desire to become qualified bidders for investment transactions must submit a “Broker/Dealer Application” and related documents relative to eligibility including a current audited annual financial statement, U4 form for the broker, proof of state registration, proof of Financial Industry Regulatory Authority, Inc. (“FINRA”) certification and a certification of having read and understood the City’s investment policy and agreeing to comply with the policy. Capital requirements for registered government securities brokers and dealers shall meet or exceed the requirements as set forth by the Securities and Exchange Commission Rule 15C3-1 (Uniform Net Capitol Rule). Such companies shall also have a minimum of five years of operation. 10.0 Authorized and Suitable Investments: The City is authorized by California Government Code Section 53600, et. seq. to invest in specific types of securities. Investments not specifically listed below are deemed inappropriate and are prohibited: A. BANKERS ACCEPTANCES, maximum 25% of portfolio (up to 40% with City Council approval). Maximum term of 180 days. Banks must have a short term rating of at least A1/P1 and a long-term rating of “A” or higher as provided by a nationally recognized statistical rating organization (“NRSRO”). No more than 10 percent of the agency’s money may be invested in the bankers acceptances of any one commercial bank pursuant to this section. B. NEGOTIABLE CERTIFICATES OF DEPOSIT, maximum 30% of portfolio. Maximum term of 3 years (up to 5 years with City Council approval). May be issued by a nationally or state-chartered bank, a savings association or a federal association (as defined by Section 5102 of the Financial Code), a state or federal credit union, or by a federally- licensed or state-licensed branch of a foreign bank. Issuer must have a short term rating of A1/P1 and a long term rating of “A” or higher as provided by an NRSRO. No more than 10 percent of the agency’s money may be invested in negotiable certificates of deposit of any one issuer . C. COMMERCIAL PAPER, maximum 25% of portfolio. Maximum term of 270 days. Commercial paper must be of "prime" quality of the highest ranking or of the highest letter and number rating as provided by an NRSRO. The entity that issues the commercial paper shall meet all of the following conditions in either paragraph (1) or paragraph (2): 57 8 (1) The entity meets the following criteria: (A) Is organized and operating in the United States as a general corporation. (B) Has total assets in excess of five hundred million dollars ($500,000,000). (C) Has debt other than commercial paper, if any, that is rated "A" or higher by an NRSRO. (2) The entity meets the following criteria: (A) Is organized within the United States as a special purpo se corporation, trust, or limited liability company. (B) Has program-wide credit enhancements including, but not limited to, overcollateralization, letters of credit, or surety bond. (C) Has commercial paper that is rated "A-1" or higher, or the equivalent, by an NRSRO. Split ratings (i.e. A2/P1) are not allowable. No more than 10 percent of the outstanding commercial paper of any single corporate issue may be purchased. No more than 10 percent of the agency’s money may be invested in Commercial Paper of any one issuer. D. BONDS ISSUED BY THE STATE OF CALIFORNIA OR ANY OF THE OTHER 49 UNITED STATES. Maximum term of 5 years. Bonds must have an “A” rating or higher by an NRSRO. No more than 10 percent of the agency’s money may be invested in state bonds of any one issuer. E. BONDS ISSUED BY THE CITY OR ANY LOCAL AGENCY WITHIN THE STATE OF CALIFORNIA. Maximum term of 5 years. Bonds must have an “A” rating or higher by an NRSRO. No more than 10 percent of the agency’s money may be invested in city or local agency bonds of any one issuer. F. OBLIGATIONS OF THE UNITED STATES TREASURY. Maximum term of 5 years. United States Treasury bills, bonds and notes or certificates of indebtedness, for which the faith and credit of the United States are pledged for the payment of principal and interest. There is no limit on the percentage of the portfolio that can be invested in this category. G. U.S. GOVERNMENT AGENCY SECURITIES (FEDERAL AGENCIES). Maximum term of 5 years. Obligations, participations or other instruments of or issued by a federal agency or a United States government-sponsored enterprise. There is no limit on the percentage of the portfolio that can be invested in this category. H. REPURCHASE AGREEMENT. Maximum term of 3 months. Investments in repurchase agreements may be made, on any investment authorized in this section, when the term of the agreement does not exceed 3 months. A Master Repurchase Agreement must be signed with the bank or broker/dealer who is selling the securities to the City. I. REVERSE-REPURCHASE AGREEMENTS. (Requires City Council approval for each transaction). 58 9 Reverse repurchase agreements or securities lending agreements may be utilized only when all of the following conditions are met: (A) The security to be sold on reverse repurchase agreement or securities lending agreement has been owned and fully paid for by the local agency for a minimum of 30 days prior to sale. (B) The total of all reverse repurchase agreements and securities lending agreements on investments owned by the local agency does not exceed 20 percent of the base value of the portfolio. (C) The agreement does not exceed a term of 92 days, unless the agreement includes a written codicil guaranteeing a minimum earning or spread for the entire period between the sale of a security using a reverse repurchase agreement or securities lending agreement and the final maturity date of the same security. (D) Funds obtained, or funds within the pool of an equivalent amount to that obtained from selling a security to a counterparty (by way of a reverse repurchase agreement or securities lending agreement), shall not be used to purchase another security with a maturity longer than 92 days from the initial settlement date of the reverse repurchase agreement or securities lending agreement, unless the reverse repurchase agreement or securities lending agreement includes a written codicil guaranteeing a minimum earning or spread for the entire period between the sale of a security using a reverse repurchase agreement or securities lending agreement and the final maturity date of the same security. Investments in reverse repurchase agreements, securities lending agreements, or similar investments in which the local agency sells securities prior to purchase with a simultaneous agreement to repurchase the security, shall only be made with primary dealers of the Federal Reserve Bank of New York or with a nationally or state-chartered bank that has or has had a significant banking relationship with a local agency. (A) For purposes of this chapter, "significant banking relationship" means any of the following activities of a bank: (i) Involvement in the creation, sale, purchase, or retirement of a local agency's bonds, warrants, notes, or other evidence of indebtedness. (ii) Financing of a local agency's activities. (iii) Acceptance of a local agency's securities or funds as deposits. 59 10 J. MEDIUM-TERM CORPORATE NOTES, maximum 30% of portfolio with a maximum remaining maturity of 5 years or less. Notes eligible for investment must be rated “A” or higher by an NRSRO. No more than 10 percent of the agency’s money may be invested in medium-term corporate notes of any one issuer. K. TIME DEPOSITS-CERTIFICATES OF DEPOSIT (non-negotiable certificates of deposit). Maximum term of 3 years. Deposits must be made with banks or savings & loan that have a short term rating of A1/P1 or a long-term rating of at least an “A” rating or higher by an NRSRO. No more than 10 percent of the agency’s money may be invested in time-deposits of any one issuer L. MONEY MARKET FUNDS, maximum 15% of portfolio. No more than 10 percent of the agency’s surplus funds may be invested in shares of beneficial interest of any one Money Market fund. Local agencies may invest in “shares of beneficial interest” issued by diversified management companies which invest only in direct obligations in U.S. Treasury bills, notes and bonds, U.S. Government Agencies and repurchase agreements with a weighted average of 60 days or less. They must have the highest rating from at least two NRSROs, must maintain a daily principal per share value of $1.00 per share and distribute interest monthly, and must have a minimum of $500 million in assets under management. The purchase price of the shares may not include commission. M. THE LOCAL AGENCY INVESTMENT FUND (LAIF) LAIF is a special fund of the California State Treasury through which any local government may pool investments. The City may invest up to the maximum allowable by the State Treasurer’s Office (currently $75,000,000). Investments in LAIF are highly liquid and may be converted to cash within 24 hours. N. Shares of beneficial interest issued by a joint powers authority organized pursuant to Section 6509.7 that invests in the securities and obligations authorized in subdivisions (a) to (q), inclusive. Each share shall represent an equal proportional interest in the underlying pool of securities owned by the joint powers authority. The City may invest up to $20,000,000 per joint powers authority. To be eligible under this section, the joint powers authority issuing the shares shall have retained an investment adviser that meets all of the following criteria: (1) The adviser is registered or exempt from registration with the Securities and Exchange Commission. (2) The adviser has not less than five years of experience investing in the securities and obligations authorized in subdivisions (a) to (q), inclusive. (3) The adviser has assets under management in excess of five hundred million dollars ($500,000,000). 60 11 O. United States dollar denominated senior unsecured unsubordinated obligations issued or unconditionally guaranteed by the International Bank for Reconstruction and Development (IBRD), International Finance Corporation (IFC), or Inter-American Development Bank (IDB), with a maximum remaining maturity of five years or less, and eligible for purchase and sale within the United States. Investments under this subdivision shall be rated “AA” or better by an NRSRO and shall not exceed 10 percent of the agency’s moneys that may be invested pursuant to this section. 61 12 INVESTMENT TYPE MAXIMUM MATURITY MAXIMUM SPECIFIED % OF PORTFOLIO/ MAXIMUM PER ISSUER MINIMUM QUALITY REQUIREMENTS Bankers' Acceptances 180 days 25% (up to 40% with Council approval)/10% A1/P1, "A" Rating Negotiable Certificates of Deposit 3 years (Up to 5 years with Council approval) 30%/10% A1/P1, "A" Rating Commercial Paper 270 days 25%/10% A1/P1, "A" Rating State Obligations-- CA And Others 5 years None/10% "A" Rating City/Local Agency of CA Obligations 5 years None/10% "A" Rating U.S. Treasury Obligations 5 years None None U.S. Government Agency Obligations 5 years None None IBRD, IFC, IADB 5 years 10% "AA" Rating Repurchase Agreements 3 Months None None Reverse Repurchase Agreements 92 days 20% of the base value of portfolio. Requires City Council Approval None Medium-Term Corporate Notes 5 years 30%/10% "A" Rating Non-negotiable Certificates of Deposit 3 years None/10% A1/P1, "A" Rating Money Market Mutual Funds 60 days 15%/10% "AAA" Rating Local Agency Investment Fund (LAIF) N/A Up to $75,000,000 None Joint Powers Authority N/A None/$20,000,000 See 10.0N above 62 13 10.1 Investment Pools/Money Market funds: The City Treasurer or designee shall be required to investigate all local government investment pools and money market mutual funds prior to investing and performing at least a quarterly review thereafter while the City is invested in the pool or the money market fund. LAIF is authorized under provisions in Section 16429.1 of the California Government Code as an allowable investment for local agencies even though some of the individual investments of the pool are not allowed as a direct investment by a local agency. 11.0 Portfolio Adjustments: California government code section 53601 states that if a percentage limitation for a particular category of investment is specified, then that percentage is applicable only at the date of purchase. Should any investment listed in section 10.0 exceed a percentage -of- portfolio limitation or a percentage-by-issuer limitation due to an incident such as fluctuation in portfolio size, the affected securities may be held to maturity to avoid losses. When no loss is indicated, the Treasurer may consider reconstructing the portfolio basing his/her decision on the expected length of time the portfolio will be unbalanced. As well, the credit criteria listed herein refers to the credit rating at the time the security is purchased. If a security held in the portfolio is downgraded by an NRSRO to a level below the quality required by this investment policy, the City Treasurer will review the credit and make a determination as to whether to sell or retain such security. The City Treasurer will review the portfolio for such compliance no less than quarterly. 12.0 Collateralization: Under provisions of the California Government Code, California banks, and other depository institutions are required to secure the City’s deposits by pledging government securities with a value of 110 % of principal and accrued interest. California law also allows financial institutions to secure City deposits by pledging first trust deed mortgage notes having a value of 150% of City’s total deposits. Collateral will always be held by an independent third party. A clearly marked evidence of ownership (safekeeping receipt) must be supplied to the City and retained. The market value of securities that underl ay a repurchase agreement shall be valued at 102 percent or greater of the funds borrowed against those securities and the value shall be adjusted no less than quarterly. Since the market value of the underlying securities is subject to daily market fluctuations, the 63 14 investments in repurchase agreements shall be in compliance if the value of the underlying securities is brought back up to 102 percent no later than the next business day. The City Treasurer, at his/her discretion, may waive the collateral requirement for deposits that are fully insured (current limit is $250,000) by the Federal Deposit Insurance Corporation. The right of collateral substitution is granted. The City Treasurer or designee shall ensure that all demand deposits that exceed the FDIC limit (currently $250,000) shall be fully collateralized with securities authorized under state law and this Investment Policy. 13.0 Safekeeping and Custody: All City investments shall have the City of Huntington Beach as its registered owner, and all interest and principal payments and withdrawals shall indicate the City of Huntington Beach as the payee. All securities will be held with a qualified financial institution, contracted by the City as a third party custodian with a separate custodial agreement (does not apply to insured Certificates of Deposit, money market funds, or the Local Agency Investment Fund). All agreements and statements will be subject to review annually by external auditors in conjunction with their audit. All securities shall be acquired by the safekeeping institution on a “Delivery-Vs-Payment” (DVP) basis. For Repurchase Agreements, the purchase may be delivered by book entry, physical delivery or by third - party custodial agreement consistent with the Government Code. The transfer of securities to the counterparty bank’s customer book entry account may be used for book entry delivery. The City Treasurer or designee shall require a Broker Trade confirmation for all trades. 14.0 Diversification: The City’s investment portfolio will be diversified to mitigate incurring unreasonable and avoidable risks associated with concentrating investments in specific security types, maturity segment, or in individual financial institutions. A. Credit risk, defined as the risk of loss due to failure of the insurer of a security, shall be mitigated by investing in those securities with an "A" or above rating and approved in the investment policy and by diversifying the investment portfolio so that the failure of any one issuer would not unduly harm the City’s cash flow. B. Market risk, defined as the risk of market value fluctuations due to overall changes in the general level of interest rates, shall be mitigated by structuring the portfolio so that 64 15 securities mature as much as possible in conjunction with major cash outflows, thus minimizing the need to sell securities prior to their maturity. It is explicitly recognized herein, however, that in a diversified portfolio, occasional measured losses are inevitable and must be considered within the context of overall investment return. The City’s investment portfolio will remain sufficiently liquid to enable the City to meet all operating requirements which might be reasonably anticipated. 15.0 Maximum Maturities: To the extent possible, the City of Huntington Beach will attempt to match its investments with anticipated cash flow requirements. Unless matched to a specific cash flow, the City will not directly invest in securities maturing more than five (5) years from the date of purchase, unless the legislative body has granted express authority to make that investment either specifically, or as a part of an investment program approved by the City Council. The City of Huntington Beach shall not permit more than 50% of its investment portfolio to be invested in securities with maturities over four years. 16.0 Internal Control: The City Treasurer and the Finance Department shall establish a system of internal controls designed to prevent loss of public funds due to fraud, employee error, misrepresentation by third parties, or unanticipated market changes. No investment personnel may engage in an investment transaction except as provided for under the terms of this policy and the procedure established by the City Treasurer. The external auditors shall annually review the investments with respect to the investment policy. This review will provide internal control by assuring compliance with policies and procedures for the investments that are selected for testing. Additionally, account reconciliation and verification of general ledger balances relating to the purchasing or maturing of investments and allocation of interest on investments to fund balances shall be performed by the Finance Department and approved by the City Treasurer. To provide further protection of City funds, written procedures prohibit the wiring of any City funds without the authorization of at least two of the four designated City officials: 1. City Treasurer 2. Treasury Manager 65 16 3. Chief Financial Officer 4. Accounting Manager 17.0 Performance Standards: This investment policy shall be reviewed at least annually by the Investment Advisory Board and the City Council to ensure its consistency with the overall objectives of preservation of principal, liquidity, and return, and its relevance to current law and financial and economic trends. The moneys entrusted to the City Treasurer will be primarily a passively managed portfolio. However, the City Treasurer will make best efforts to observe, review, and react to changing conditions that affect the portfolio. 17.1 Market Yield (Benchmark): The investment portfolio shall be managed to attain a market-average rate of return throughout budgetary and economic cycles, taking into account the City’s investment risk constraints and cash flow. Investment return becomes a consideration only after the basic requirements of investment safety and liquidity have been met. Because the investment portfolio is designed to operate on primarily a ‘hold-to-maturity’ premise, and because of the safet y, liquidity, and yield priorities, the performance benchmark that will be used by the Treasurer to determine whether market yields are being achieved shall be the 12-month moving average of the interpolated 1.5-Year Constant Maturity Treasury (CMT) rate. This interpolated rate shall be utilized in order to best match the average duration of the portfolio. However, since return on investment is the least important objective of the investment portfolio, the benchmark will be used only as a reference tool. The reporting of a benchmark does not imply that the City Treasurer will add additional risk to the investment portfolio in order to attain or exceed the benchmark. The prohibition of highly speculative investments precludes pursuit of gain or profit through unusual risk and precludes investments primarily directed at gains or profits from conjectural fluctuations in market prices. The City Treasurer will not directly pursue any investments that are leveraged or deemed derivative in nature. However, as long as the original investments can be justified by their ordinary earning power, trading in response to changes in market value can be used as part of ongoing portfolio management. 66 17 18.0 Reporting: The City Treasurer shall submit a quarterly report to the City Council, City Manager, Chief Financial Officer and the Investment Advisory Board within 30 days following the end of the quarter. This report will include the following elements pursuant to State law and Government Accounting Standard Board (GASB) #40: 18.1 Type of investment 18.2. Institution/Issuer 18.3 Purchase Date 18.4 Date of maturity 18.5 Amount of deposit or cost of the investment 18.6 Face value of the investment 18.7 Current market value of securities and source of valuation 18.8 Rate of interest 18.9 Interest earnings 18.10 Statement relating the report to its compliance with the Statement of Investment Policy or the manner in which the portfolio is not in compliance 18.11 Statement on availability of funds to meet the next six month’s obligations 18.12 Monthly and Year to date City Treasurer Budget Amounts for Interest Income 18.13 Percentage of Portfolio by Investment Type 18.14 Days to Maturity for all Investments 18.15 Comparative report on Monthly Investment Balances & Interest Yields 18.16 Monthly transactions This quarterly report shall be placed on the City Council Agenda for Council and public review. In addition, a commentary on capital markets and economic conditions may be included with the report. The City Treasurer shall submit to the City Council, City Manager and Chief Financial Officer a monthly report listing the above stated (18.1 – 18.16) financial transactions. 67 18 19.0 Investment Policy Adoption: By virtue of a resolution of the City Council of the City of Huntington Beach, the Council shall acknowledge the receipt and filing of this annual statement of investment policy for the respective year. 68 19 GLOSSARY AGENCIES: Federal agency securities. ASKED: The price at which securities are offered. (The price at which a firm will sell a security to an investor.) BANKERS’ ACCEPTANCE (BA): A draft or bill or exchange accepted by a bank or trust company. The accepting institution guarantees payment of the bill, as well as the issuer. The drafts are drawn on a bank by an exporter or importer to obtain funds to pay for specific merchandise. An acceptance is a high grade negotiable instrument. BASIS POINT: One one-hundredth of a percent (i.e. 0.01%) BENCHMARK: A comparative base for measuring the performance or risk tolerance of the investment portfolio. A benchmark should represent a close correlation to the level of risk and the average duration of the porfolio’s investments. BID: The price offered by a buyer of securities. (When you are selling securities, you ask for a bid.) BROKER: A broker brings buyers and sellers together for a commission. He/she does not take a position. CERTIFICATE OF DEPOSIT (CD): A time deposit with a specific maturity evidenced by a certificate. Large-denomination CD’s are typically negotiable. COLLATERAL: Securities, evidence of deposit or other property, which a borrower pledges to secure repayment of a loan. Also refers to securities pledged by a bank to secure deposits of public monies. 69 20 COMMERCIAL PAPER: Short term unsecured promissory note issued by a corporation (including limited liability companies) to raise working capital. These negotiable instruments are purchased at a discount to par value or at par value with interest bearing. Commercial paper is issued by corporations such as General Motors Acceptance Corporation, IBM, Bank of America, etc. COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR): The official annual report for the City. It includes combined statements for each individual fund and account group prepared in conformity with Generally Accepted Accounting Principles. It also includes supporting schedules necessary to demonstrate compliance with finance-related legal and contractual provisions, extensive introductory material and a detailed Statistical section. COUPON: a) The annual rate of interest that a bond’s issuer promises to pay the bondholder on the bond’s face value. b) A certificate attached to a bond evidencing interest due on a payment date. DEALER: A dealer, as opposed to a broker, acts as a principal in all transactions; buying and selling for his/her own account. DEBENTURE: An unsecured bond backed only by the general credit of the issuer. DELIVERY VERSUS PAYMENT: There are two methods of delivery of securities: delivery versus payment and delivery versus receipt. Delivery versus payment is delivery of securities with an exchange of money for the securities. Delivery versus receipt is delivery of securities with an exchange of a signed receipt for the securities. DERIVATIVES: (1) Financial instruments whose return profile is linked to, or derived from, the movement of one or more underlying index or security, and may include a leveraging factor, or (2) financial contracts based upon notional amounts whose value is 70 21 derived from an underlying index or security (interest rates, foreign exchange rates, equities or commodities). DISCOUNT: The difference between the cost price of a security and its maturity when quoted at lower than face value. A security selling below original offering price shortly after sale is considered to be at a discount. DISCOUNT SECURITIES: Non-interest bearing money market instruments that are issued at a discount and redeemed at maturity for full face value (e.g. US Treasury Bills). DIVERSIFICATION: Dividing investment funds among a variety of securities offering independent returns. FEDERAL CREDIT AGENCIES: Agencies of the Federal government set up to supply credit to various classes of institutions (e.g. S&L’s, Small business firms, students, farmers, farm cooperatives, and exporters). FEDERAL DEPOSIT INSURANCE CORPORATION (FDIC): A Federal agency that insures bank deposits, currently up to $250,000 per deposit. FEDERAL FUNDS RATE: The rate of interest at which Fed funds are traded. This rate is currently pegged by the Federal Reserve though open-market operations. FEDERAL OPEN MARKET COMMITTEE (FOMC): Consists of seven members of the Federal Reserve Board and five of the twelve Federal Reserve Bank Presidents. The President of the New York Federal Reserve Bank is a permanent member, while the other presidents serve on a rotating basis. The committee periodically meets to set Federal Reserve guidelines regarding purchases and sales of Government Securities in the open market as a means of influencing the volume of bank credit and money. 71 22 FEDERAL RESERVE SYSTEM: The central bank of the United States created by congress and consisting of a seven-member Board of Governors in Washington, D.C.; 12 regional banks and approximately 38 percent of the 8,039 commercial banks in the United States are members of the Federal Reserve System. National banks must be members; state- chartered banks may join if they meet certain requirements. LIQUIDITY: A liquid asset is one that can be converted easily and rapidly into cash without a substantial loss of value. In the money market, a security is said to be liquid if the spread between bid and asked prices is narrow and a reasonable size can be done at those quotes. LOCAL GOVERNMENT INVESTMENT POOL (LGIP): The aggregate of all funds from political subdivisions that are placed in the custody of the State Treasurer for investment and reinvestment. MARKET VALUE: The price at which a security is trading and could presumably be purchased or sold. MASTER REPURCHASE AGREEMENT: A written contract covering all future transactions between the parties to repurchase-reverse agreements that establish each party’s rights in the transactions. A master agreement will often specify, among other things, the right of the buyer-lender to liquidate the underlying securities in the event of default by the seller-borrower. MATURITY: The date upon which the principal or stated value of an investment becomes due and payable. MONEY MARKET: The market in which short-term debt instruments (bills, commercial paper, bankers’ acceptances, etc.) are issued and traded. 72 23 NATIONALLY RECOGNIZED STATISTICAL RATING ORGANIZATION (“NRSRO”): Firms that review and assess the creditworthiness of an obligor as an entity or with respect to specific securities or money market instruments and express their opinion in the form of a letter rating. A credit rating agency may apply to the SEC for registration as a nationally recognized statistical rating organization (“NRSRO”). The primary rating agencies are Standard & Poor’s Corporation, Moody’s Investor Services, Inc. and Fitch, Inc. NEGOTIABLE CERTIFICATES OF DEPOSIT: Unsecured obligations of the financial institution, bank or savings and loan, bought at par value with the promise to pay face value plus accrued interest at maturity. They are high -grade negotiable instruments, paying a higher interest rate than regular certificates of deposit. OFFER: The price asked by a seller of securities. (When you are buying securities, you ask for an offer.) See “Asked” and “Bid”. OPEN MARKET OPERATIONS: Purchases and sales of government and certain other securities in the open market by the New York Federal Reserve Bank as directed by the FOMC in order to influence the volume of money and credit in the economy. Purchases inject reserves into the bank system and stimulate growth of money and credit: Sales have the opposite effect. Open market operations are the Federal Reserve’s most important and most flexible monetary policy tool. PORTFOLIO: Collection of securities held by an investor. PRIMARY DEALER: A group of government securities dealers who submit daily reports of market activity and positions and monthly financial statements to the Federal Reserve Bank of New York and are subject to its informal oversight. Primary dealers include Securities and Exchange Commission (SEC)-registered securities broker/dealers, banks and a few unregulated firms. 73 24 PRUDENT PERSON RULE: An investment standard. In some states, the law requires that a fiduciary, such as a trustee, may invest money only in a list of securities selected by the custody state—the so-called “legal list”. In other states, the trustee may invest in a security if it is one that would be bought by a prudent person of discretion and intelligence who is seeking a reasonable income and preservation of capital. QUALIFIED PUBLIC DEPOSITORIES: A financial institution which does not claim exemption from the payment of any sales or compensating use or ad valorem taxes under the laws of this state, which has segregated for the benefit of the commission eligible collateral having a value of not less than its maximum liability and which has been approved by the Public Deposit Protection Commission to hold public deposits. RATE OF RETURN: The yield obtainable on a security based on its purchase price or its current market price. This may be the amortized yield to maturity; on a bond, the current income return. REPURCHASE AGREEMENT (RP OR REPO): A holder of securities sells these securities to an investor with an agreement to repurchase them at a fixed date. The security “buyer” in effect lends the “seller” money for the period of the agreement, and the terms of the agreement are structured to compensate him for this. SAFEKEEPING: A service to customers rendered by banks for a fee whereby securities and valuables of all types and descriptions are held in the bank’s vaults for protection. STRUCTURED NOTES: Notes issued by Government Sponsored Enterprises (FHLB, FNMA, FHLMC, etc.) and Corporations, which have imbedded option (e.g. call features, step-up coupons, floating rate coupons, derivative-based returns) into their debt structure. Their market performance is impacted by the fluctuation of interest rates, the volatility of the imbedded options and shifts in the shape of the yield curve. 74 25 SECONDARY MARKET: A market made for the purchase and sale of outstanding issues following the initial distribution. SECURITIES & EXCHANGE COMMISSION: Agency created by Congress to protect investors in securities transactions by administering securities legislation. SEC RULE 15C3-1: See “Uniform Net Capital Rule”. SMALL BUSINESS ADMINISTRATION (SBA): The portion of these securities which are guaranteed by Federal government to provide financial assistance through direct loans and loan guarantees to small businesses. Cash flows from these instruments may not be in equal installments because of prepayments. SUPRANATIONAL SECURITIES: United States dollar denominated senior unsecured unsubordinated obligations issued or unconditionally guaranteed by the International Bank for Reconstruction and Development (IBRD), International Finance Corporation (IFC), or Inter-American Development Bank (IDB), with a maximum remaining maturity of five years or less, and eligible for purchase and sale within the United States. Investments under this subdivision shall be rated “AA” or better by an NRSRO and shall not exceed 10 percent of the agency’s moneys that may be invested pursuant to this section. TREASURY BILLS: A non-interest bearing discount security issued by the U.S. Treasury to finance the national debt. Most bills are issued to mature in three months, six months, or one year. TREASURY BOND: Long-term U.S. Treasury securities having initial maturities of more than 10 years. TREASURY NOTES: Intermediate-term coupon bearing U.S. Treasury having initial maturities of from one year to ten years. 75 26 UNIFORM NET CAPITAL RULE: Securities and Exchange Commission requirement that member firms as well as nonmember broker/dealers in securities maintain a maximum ratio of indebtedness to liquid capital of 15 to 1; also called net capital rule and net capital ratio. Indebtedness covers all money owed to a firm, including margin loans and commitments to purchase securities, one reason new public issues are spread among members of underwriting syndicates. Liquid capital includes cash and assets easily converted into cash. YIELD: The rate of annual income return on an investment, expressed as a percentage. (a) Income Yield is obtained by dividing the current dollar income by the current market price for the security. (b) Net Yield or Yield to Maturity is the current income yield minus any premium above par or plus any discount from par in purchase price, with the adjustment spread over the period from the date of purchase to the date of maturity of the bond. 76 City of Huntington Beach File #:20-1832 MEETING DATE:9/8/2020 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 Grant Agreement No. PT21028 with the California Office of Traffic Safety (OTS) for the Selective Traffic Enforcement Program (STEP) in the amount of $845,300 for the period 10/1/2020 to 9/30/2021, approve appropriations, and authorize the Chief of Police to establish a separate business unit for the grant funds Statement of Issue: On August 10, 2020, the Police Department received notice from the California Office of Traffic Safety (OTS) that the City of Huntington Beach was tentatively awarded a new one-year traffic safety grant. The Selective Traffic Enforcement Program (STEP) grant #PT21028 provides funding in the amount of $845,300. These funds are intended to reimburse our costs associated with Sobriety/Driver License checkpoints, two full-time DUI officer positions, multi-faceted traffic enforcement details, radar guns for moto officers, and funding to develop technology to develop artificial intelligence to detect impaired drivers. These events are designed to reduce traffic collisions, injuries, and fatalities through enforcement, education, and media attention. Financial Impact: This one-year reimbursable grant is funded by the California Office of Traffic Safety. The amount of $845,300 is to be utilized between October 1, 2020, and September 30, 2021. The appropriation request is fully offset by this revenue source. Recommended Action: A) Approve and accept the OTS STEP grant agreement #PT21028 between the OTS and the City of Huntington Beach for $845,300; and, B) Authorize the Chief of Police to execute the grant agreement with OTS; and , C) Approve appropriations and estimated revenue source in the amount of $845,300; and, D) Establish a separate business unit for this funding and authorize the Chief of Police to expend up to a total of $845,300, plus accrued interest, on the Selective Traffic Enforcement Program (STEP) grant. City of Huntington Beach Printed on 9/2/2020Page 1 of 2 powered by Legistar™77 File #:20-1832 MEETING DATE:9/8/2020 Alternative Action(s): Do not approve this grant agreement and related actions, and direct staff accordingly. Analysis: The City of Huntington Beach has always been concerned with the safe and efficient movement of vehicular, bicycle, and pedestrian traffic on our highways, streets, and bike paths. The City of Huntington Beach is currently going through several redevelopment projects, some of which will add to both seasonal and year-long traffic related issues. In 2017-2018, DUI arrests increased 17% up from 803 the previous year to 941. This grant will allow us to use progressive and innovative enforcement techniques to increase our DUI enforcement efforts, and provide for more coverage with two full-time officers dedicated to DUI enforcement. In addition to the DUI enforcement, we will be working to improve our ranking in several of the Office of Traffic and Safety categories. The most recent OTS statistics indicate Huntington Beach is 1 st out of 58 comparable cities for juvenile involved bicyclist collisions and 2nd overall for bicyclist involved collisions. Huntington Beach had over 1,400 victims either injured or killed in traffic incidents. We are seeking to use the proposed funding to increase traffic enforcement actions and work to identify behaviors that contribute to the root causes of collisions. Furthermore, we would like to provide additional methods of education to residents, and inform them that careless and negligent behaviors may result in drastic consequences to themselves, their passengers, or other affected citizens in and around our roadways. This particular grant will reimburse the City of Huntington Beach for expenditures associated with Sobriety/Driver License Checkpoints, two full-time DUI officers, and a variety of traffic-related details. OTS will administer and handle the grant funds for the Selective Traffic Enforcement Program. Environmental Status: Not applicable. Strategic Plan Goal: Enhance and modernize public safety service delivery Attachment(s): 1. Grant Agreement for OTS STEP Grant #PT21028 City of Huntington Beach Printed on 9/2/2020Page 2 of 2 powered by Legistar™78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 City of Huntington Beach File #:20-1839 MEETING DATE:9/8/2020 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Oliver Chi, City Manager PREPARED BY:Dahle Bulosan, Chief Financial Officer Subject: Approve and authorize execution of Amendment No. 1 to the Services Agreement with Turbo Data Systems, Inc. for parking citation payment processing services extending the term to September 1, 2021 Statement of Issue: City Council approval is requested to amend the service agreement with Turbo Data Systems, Inc., for parking citation payment processing services for one year through September 1, 2021. Financial Impact: No fiscal impact. Appropriations are included in the FY 2020/2021 budget in Business Unit 10035209.69505. Amendment is for the extension of time only. No additional contract dollars are included in this amendment. Recommended Action: Approve and authorize the Mayor and City Clerk to execute the “Amendment No. 1 to Service Agreement Between the City of Huntington Beach and Turbo Data Systems, Inc. for Parking Citation Payment Processing Services.” Alternative Action(s): Do not approve the recommended action and direct staff accordingly. Analysis: The City of Huntington Beach has maintained an external contractor to perform the citywide processing of all parking citations since 1992. At the end of 2010, the contract was expanded to include adjudication processing and hearing examiner services. In 2012, Turbo Data Systems assumed responsibility for collection of part due parking citations from our third party collection agency. The Huntington Beach Police Department invested in an upgrade of equipment provided by Turbo Data Systems for issuing and transmitting parking citation data. This technology is proprietary and City of Huntington Beach Printed on 9/2/2020Page 1 of 2 powered by Legistar™97 File #:20-1839 MEETING DATE:9/8/2020 16 handheld units would need to be replaced if the contract was not extended. Five years ago,the Huntington Beach Police Department expressed their desire to continue working with Turbo Data Systems based on their client interface, level of expertise in the industry, and their ability to utilize existing equipment. Based on those factors, the City was able to enter into an interagency agreement with the City of Anaheim,who had the best pricing and the most recent contract awarded with Turbo Data Systems. The City of Anaheim’s current contract will not expire until 2021. The terms of the original contract resulted in a monthly savings of over $10,000. The City’s original contract with Turbo Data Systems was for an amount not to exceed $1.3 million over five years. Staff recommends extending this contract by one year to continue utilizing the interagency best pricing established as part of the original agreement. City Council authorization is requested to amend the existing services agreement to extend the agreement for one year to September 1, 2021. No additional contract dollars are required for the amendment. The Huntington Beach Police Department desires to continue utilizing Turbo Data Systems for another year. The Turbo Data Systems agreement also provides for Franchise Tax Board delinquent collection processing fees, supplies,and postage increases. Additionally, Turbo Data Systems has the ability to collect in all 50 states in the U.S., resulting in higher collection rates on the increasingly diverse population of visitors coming to Huntington Beach as a destination city. Environmental Status: Not applicable. Strategic Plan Goal: Enhance and modernize public safety service delivery Attachment(s): 1. Amendment No. 1 to Service Agreement Between the City of Huntington Beach and Turbo Data Systems, Inc., for Parking Citation Payment Processing Services 2. Certificate of Insurance 3. Original Service Agreement Between the City of Huntington Beach and Turbo Data Systems, Inc., for Parking Citation Payment Processing Services City of Huntington Beach Printed on 9/2/2020Page 2 of 2 powered by Legistar™98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 MEETING DATE: SUBMITTED TO: SUBMITTED BY: PREPARED BY: SUBJECT: Dept ID FN 15-017 Page 1 of 2 Meeting Date 10/5/2015 ,frolobloub-t, 7-0 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION 10/5/2015 Honorable Mayor and City Council Members Fred A Wilson, City Manager Lori Ann Farrell Harrison, Director of Finance Approve and authorize execution of a five year contract with Turbo Data Systems, Inc, in an amount not to exceed $1,300,000 00 for the provision of Parking Citation Payment Processing Services Statement of Issue City Council approval is requested for a five-year agreement between the City of Huntington Beach and Turbo Data Systems, Inc , to provide parking citation processing and collection services Financial Impact The FY2015/16 Adopted Budget for the Finance Department contains sufficient funding in the General Fund to support the cost of this contract of approximately $260,000 per year The proposed contract totaling $1 3 million over a five-year period is necessary for the processing of approximately 85,000 parking citations and fines annually that generate $3 9 million in General Fund revenue each year Recommended Action A) Approve and authorize the Mayor and City Clerk to execute "Service Agreement between the City of Huntington Beach and Turbo Data Systems, Inc for Parking Citation Payment Processing Services" in an amount not to exceed $1,300,000 for a five-year term, and, B) Authorize the City Manager to execute all documents in furtherance of this Agreement Alternative Action(s) Do not approve the recommendation and bring this function in-house to be performed by City staff The estimated personnel cost of bringing this function in house to perform all citation processing, invoicing, payment collection, out-of-state collection, late notice mailing, late-notice payment processing, adjudications, Franchise Tax Board payment recoupment, Department of Motor Vehicle hold letters, and investigating appeals, would be approximately $343,000 for four Accounting Tech II positions Moreover, parking citation processing software, web portals and electronic interfaces would need to be purchased and created to facilitate a City takeover of this function Turbo Data owns proprietary software that allows for automated, real-time transfer of data from hand held devices used by the Police Department that the City does not currently own, leading to additional significant costs Analysis The City of Huntington Beach has maintained an external contractor to perform City-wide processing of all parking citations since 1992 due to the increased costs of performing these Item 8. - 1 HB -104- 124 125 SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND Turbo Data Systems Inc. FOR Parking Citation Payment Processing Services THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach a municipal corporation of the State of California, hereinafter called "City," and Turbo Data Systems, Inc. a California corporation, hereinafter referred to as "Contractor." Recitals A. The City desires to retain a Contractor having special skill and knowledge in the field of Parking Citation ticket and payment processing and review services B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a comparable company or firm in the field Contractor has been selected to perform these services pursuant to Huntington Beach Murucipal Code Chapter 3.02, NOW, THEREFORE, it is agreed by City and Contractor as follows: 1. Scope of Services Contractor shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "Project." Contractor hereby designates Roberta Rosen who shall represent it and be its sole contact and agent in all consultations with City during the performance of this Agreement 2. City Staff Assistance City shall assign a staff coordinator to work directly with Contractor m the performance of this Agreement 15-4888/125120 1 of 9 126 3. Compensation a City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified m Exhibit A. The total sum to be expended under this Agreement, shall not exceed One Million Three Hundred Thousand Dollars $1,300,000 during the term of this Agreement Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City Contractor shall be paid pursuant to the terms of Exhibit "B." 4. Term Time is of the essence of this Agreement. The services of Contractor are to commence as soon as practicable after the execution of this Agreement by City (the "Commencement Date") and terminate September 1, 2020 unless terminated earlier m accordance with the provisions of this Agreement All tasks specified m Exhibit "A" shall be completed no later than five (5) years from the Commencement Date The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A" This schedule and Tenn may be amended to benefit the Project if mutually agreed to m writing by City and Contractor. In the event the Commencement Date precedes the Effective Date, Contractor shall be bound by all terms and conditions as provided herein. 5. Extra Work In the event City requires additional services not included m Exhibit "A" or changes in the scope of services described in Exhibit "A," Contractor will undertake such work only after receiving written authorization from City Additional compensation for such extra work shall be allowed only if the prior written approval of City is obtained. 6. Disposition of Plans. Estimates and Other Documents Contractor agrees that title to all materials prepared hereunder, mcludmg, without limitation, all original drawings, designs, reports, both field and office notices, calculations, language, data, maps, memoranda, letters and other documents, shall belong to City, and Contractor shall turn these materials over to City upon expiration or termination of this Agreement or upon Project completion, whichever shall occur first. These materials may be used by City as it sees fit 7. Hold Harmless Contractor hereby agrees to 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, and consequential damage or liability of any kind or nature, however caused, mcludmg those resulting from death or 15-4888/125120 2 of 9 127 injury to Contractor's employees and damage to Contractor's property, ansing directly or indirectly out of the obligations or operations herein undertaken by Contractor, caused in whole or in part by any negligent act or omission of the Contractor, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the City Contractor will conduct all defense at its sole cost and expense and City shall approve selection of Contractor'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 a limitation upon the amount of indemnification to be provided by Contractor 8. Workers Compensation Insurance Pursuant to California Labor Code Section 1861, Contractor acknowledges awareness of Section 3700 et seq of this Code, which requires every employer to be insured against liability for workers' compensation, Contractor covenants that it will comply with such provisions pnor to commencing performance of the work hereunder. Contractor shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. Contractor shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. Contractor shall funush to City a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and Contractor shall similarly require all subcontractors to waive subrogation. 9. General Liability Insurance In addition to the workers' compensation and employer's liability insurance and Contractor's covenant to defend, hold harmless and indemnify City, Contractor shall obtain and furnish to City, a policy of general public liability insurance, includmg motor vehicle coverage covering the Project/Service. This policy shall indemnify Contractor, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the Project/Service, and shall provide coverage in not less than the following amount combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence If coverage is provided under a form which mcludes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this Project/Service. This policy shall name City, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the Project/Service shall be deemed excess coverage and that Contractor's insurance shall be pnmary Under no circumstances shall said above-mentioned insurance contain a self-insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 15-4888/125120 3 of 9 128 10. Automobile Liability Insurance Contractor shall obtain and furnish to City an automotive liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for Contractor's automotive liability in an amount not less than One Million Dollars ($1,000,000 00) per occurrence and a separate "Additional Insured Endorsement" page listing both the policy number and naming the "City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers" as additional insured on the endorsement The above-mentioned insurance shall not contain a self-msured retention, "deductible" or any other similar form of limitation on the required coverage except with the express written consent of City 11. Certificate of Insurance Prior to commencing performance of the work hereunder, Contractor shall furnish to City a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement, the certificate shall. a. provide the name and policy number of each carrier and policy; state that the policy is currently in force; and promise that such policy shall not be canceled for any reason other than nonpayment of premium except after thirty (30) days' prior written notice; however, ten (10) days' pnor written notice m the event of cancellation for nonpayment of premium. Contractor shall maintain the foregomg msurance coverage in force until the work under this Agreement is fully completed and accepted by City The requirement for carrying the foregoing insurance coverage shall not derogate from Contractor's defense, hold harmless and indemnification obligations as set forth m this Agreement. City or its representative shall at all times have the right to demand the original or a copy of the policy of insurance Contractor shall pay, in a prompt and timely manner, the premiums on the insurance heremabove required 12. Independent Contractor Contractor is, and shall be, actmg at all tunes m the performance of this Agreement as an independent contractor herein and not as an employee of City. Contractor shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for Contractor and its officers, agents and employees and all business licenses, if any, m connection with the Project and/or the services to be performed hereunder. 13. Conflict of Interest Contractor covenants that it presently has no interests and shall not have interests, direct or mdirect, which would conflict in any manner with performance of services specified under this Agreement 15-4888/125120 4 of 9 129 14. Termination This Agreement may be terminated by the City upon thirty (30) days written notice of termination In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropnate. Payment need not be made for work which fails to meet the standard of performance specified m the Recitals of this Agreement 15. Exclusivity and Amendment This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or m addition to, the terms and conditions hereof, shall not bmd or obligate Contractor or the City Each party to this Agreement acknowledges that no representations, mducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein 16. Assignment Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City 17. City Employees and Officials Contractor shall employ no City official nor any regular City employee m the work performed pursuant to this Agreement No officer or employee of City shall have any financial interest in this Agreement m violation of the applicable provisions of the California Government Code 18. Notices Any notices, certificates, or other communications hereunder shall be given either by personal delivery to Contractor's agent (as designated m Section 1 heremabove) or to City as the 15-4888/125120 5 of 9 130 situation shall warrant, or by enclosmg the same in a sealed envelope, postage prepaid, and depositing the same m the United States Postal Service, to the addresses below. City and Contractor may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U.S. certified U S certified mail-return receipt requested. To City City of Huntington Beach Attn: Joyce Zacks Finance Department 2000 Main Street Huntington Beach, CA 92648 19. Consent To Contractor Turbo Data Systems, Inc ATTN Roberta Rosen 18302 Irvine Blvd., Ste. 200 Tustin, CA 92780 When City's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transactions or event. 20. Modification No waiver or modification of any language m this Agreement shall be valid unless in writing and duly executed by both parties 21. Section Headings The titles, captions, section, paragraph and subject headings, and descriptive phrases at the begnuung of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, defme, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 22. Interpretation of this Agreement The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not mvalidate or affect the remaining covenants and provisions of this Agreement No covenant or provision shall be deemed dependent upon any other unless so expressly provided here As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so mdicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 15-4888/125120 6 of 9 131 23. Duplicate Original The onginal of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an on ginal. Each duplicate original shall be deemed an onginal instrument as against any party who has signed it. 24. Immigration Contractor shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, m particular, comply with the provisions of the United States Code regarding employment verification 25. Legal Services Subcontracting Prohibited Contractor and City agree that City is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder Contractor understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for City, and City shall not be liable for payment of any legal services expenses incurred by Contractor. 26. Confidentiality Contractor recognizes that in the performance of its duties under this Agreement, it must conduct its activities in a manner designed to protect information of a sensitive nature from improper use or disclosure. Contractor warrants that it will use reasonable efforts consistent with practices customary in the facilities management industry in recruiting, training and supervising employees and in otherwise performing its duties hereunder in order to achieve this result In the furtherance of this, Contractor agrees, at the request of the City, to require its employees to execute written undertakings to comply with the foregoing confidentiality provision 27. Discrimination Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national ongm, ancestry, or disability, as defined and prohibited by applicable law, m the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 28. Jurisdiction - Venue This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be government and construed in accordance with the laws of the State of California This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement 15-4888/125120 7 of 9 132 29. Professional Licenses Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Huntington Beach and all other governmental agencies. Contractor shall notify the City immediately and in writmg of her inabihty to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 30. Attorney's Fees In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party 31. Survival Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 32. Governing Law This Agreement shall be governed and construed in accordance with the laws of the State of California 33. Signatories Each undersigned represents and warrants that its signature herembelow has the power, authority and nght to bind their respective parties to each of the terms of this Agreement, and shall mdemrufy City fully for any injuries or damages to City m the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 34. Entirety (a) The parties acknowledge and agree that they are entenng into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied m this Agreement, and that that party has not executed this Agreement m reliance on any representation, inducement, promise, agreement warranty, fact or circumstance not expressly set forth m this Agreement (b) All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth m the body of this Agreement. 15-4888/125120 8 of 9 133 By CITY OF HUNTINGTON BEACH, a municipal corporation of the State of Califonua ! ( INITIATED AND APPROVED: 904/0( 14 - 35. Effective Date IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authonzed officers. This Agreement shall be effective on the date of its approval by the City Attorney. This Agreement shall expire when terminated as provided herein CONTRACTOR TURBO DATA SYSTEMS, INC. print name ITS (circle one) Chairmanien5Vice President ITS (circle Officer/Asst ijov , tary - Treasurer Aiir 'grAM frfinancial C 15-4888/125120 9 of 9 134 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be peiformed) Piovide compiehensive parking citation ticket pocessing, payment, review, hearing and collection set vices. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES. TDS is cunently pioviding the necessary inteiface and methods to upload ticket data and download scofflaw files from automated ticketwriteis and a local handheld ticketwiitei PC. Electronic tickets transfened to ow serveis via the intei net aic immediately loaded into the citation database. This allows timely access to citation information foi Huntington Beach, the public and TDS. TDS piovides access to Handheld Ticketwriter Counts fol authorized Agency staff to view citation file counts sent to TDS foi uploading. This ieconciliation pi ocess allows the Agency to i econcile the count of citations sent against the count of citations received. Eirois detected florn automated citation entnes (disciepancies in violation amounts, violation codes, lack of iequiied info' mation, etc.) are ieviewed and con ected. Duplicate citation numbers at e not enteied into the system, but ieported out for investigation. When necessaty, mot ieports ai e foiwaided to the City foi investigation A file containing the most =lent habitual offendei (scofflaw) list is generated daily for downloading into the handheld ticketwi rters. The criteria making a vehicle eligible can be changed as some agencies aie more lenient, allowing vehicles to obtain more than five delinquent citations befoie booting/towing as stated in the Califoinia Vehicle Code. Data Entry from Handwritten Citations Handwritten citations are forwarded to TDS with a batch slip foi tracking puiposes The batch slip includes the date, name of the pet son preparing the slip, and the citation count All handwritten citations are entered into the database within two working days of receipt. 135 Each batch of citations is enteted into a log foi hacking thiough the pi ocess. The date of receipt and who teemed it, the data entry operators' ID and the date it was keyed, the count of citations in the batch, the filing pet son's ID and the date it was filed ate all tiacked on the log. This citation batch log is updated as the batch goes through the process. The log is a tool for supervisors to verify that all work is completed in a timely manner Citations not piocessed due to incorrect or missing information ate ietutned to the City foi clatification All citation tiansactions ai e entered online with tight contiols to prevent el tots. The handwi itten citation entry process updates the database with all peament data Entiy of disposition and °diet non-citation Information is also a cutical step in the processing cycle. Citations that have been dismissed by City staff ate updated to ieflect the !eduction cm cancellation action that has been taken Also, suspensions and extensions are recoided when iequested in writing by the City Dismissals, suspensions and extensions ate piocesses that can be performed either by City staff or by TDS. TDS files all hatd copy citations and can provide these documents upon request by the Agency. Our batch number is a sequential number that serves as our document locator and flom that, we are able to retrieve any citation and pi oduce a high-quality electronic veision that may be mailed or ti ansmitted to Huntington Beach. Our citation system will allow Huntington Beach usets to view a scanned oi iginal of a manual citation at the push of a button Hat d copy citations will be stored and then silt edded periodically Registered Owner Name Retrieval TDS has a dii ect online Interface with the California Department of Motoi Vehicles (DMV) for the tett ieval of tegistered owners' names and addiesses fat California vehicles Requests foi registered owners ate submitted to the DMV each business day Multiple citations issued undet one plate or VIN may have different registeted owners depending on the issue date of the citation. Most registeied owner infonnation is renieved within 48 hours of a citation being enteied Duting the name ietrieval piocess, the vehicle make on file with DMV is obtained and compared with the make from the original citation. Disci epancies ate reported and investigated to ensure the license has been enteied coirectly. Upon cot rection the citation is once again eligible for 136 DMV name reti ieval through our automated system. Also dining the name ren ieval pi ocess, the full vehicle identification number (YIN) and the registiation expiration date is i en ieved and placed on the system. This allows a comparison of the last 4 of the VIN on the citation with the VIN fiom the DMV and also the iegist ation expiration date on the citation with the registration expnation date at the DMV. These are important tools to verify that the license plate on the citation was recorded pi operly and that the collect violator is pursued. When a name and address is not available fl om the DMV on the fast inquiry, multiple attempts ai e made until we successfully obtain an RIO ix at a minimum nine (9) attempts. Any "no hits" received from the DMV's ale i eported and vehicle licenses ate ieviewed for acctuacy Con ections ate made when necessary and the DMV name retiieval pi ocess continues This piocess has been successful in ensuring accuracy and increasing both our DMV Hit Rate and ow collection tate. Updates ate conducted on citations when a change of ownei ship oi notification of a rental with bona fide proof is ieceived All prior name information is kept on the system foi historical refelence. Once these updates ale made, another notice is mailed to the responsible party. DMV Registration Holds/Releases DMV registration holds are placed each business day for delinquent citations in accordance with standaids set by the City, the California Vehicle Code and any other applicable laws Releases of legistiation holds are sent to the DMV each business day for every paid or dismissed citation that was on DMV hold TDS has the ability to inquiie/update DMV records on demand based on a request by the City This eliminates the need for issuing abstracts on closed citations The DMV is notified each business day to modify the amount due on citations already on DMV hold that receive a partial payment. DMV Status Reports ate published monthly for citations placedheleased fiom DMV hold. A report of payments made at the DMV is provided to the City foi reconciliation. 137 Out-of-State Registered Owner Name Retrieval A Registered Owner inquiry is generated for citations issued to vehicles iegistered outside California TDS cuirently has agreements to retrieve iegistered owner information from all DMVs in the United States, Washington DC, and Canadian Pt ovinces that allow ietrieval of tegisteied ownet infoimation. All specific out-of-state activities (genet ation of inquilies, sending inquiries, update of citation lecords with name and addt ess infolmation), ale functions of the out-of-state ptocess and ale at no additional cost to the City. 138 Payment Processing Mail is picked up each weekday fiom a Post Office Box pi ovided by TDS. Payments at e processed immediately. Daily pick up of mail is imperative to ensure timely ptocessing Daily mail piocessing ensures a reduced numbei of crossover payments and a ieduced number of phone calls fiom the public With the online, real-time natuie of out IVR and Web systems, it is vet y important for the public to receive the most up to date information (i.e payments posted, adjudication information updated, dismissals posted, etc.). Audit controls ale in place to ensure accountability of all tt ansactions and monies fat payment pi ocessing, from initial ieceipt thiough final iesolution and filing. Payments aie soited by postmark date and processed each day Payments are then deposited into the City's bank account. To 'educe the numbei of refunds iequited to be pi ocessed by the City's finance depaitment, TDS does not accept duplicate payments ot payments attempting to be made towaid accounts which ate alt eady closed. TDS staff does all payment processing in-house There ale thi ee verification processes to ensure accuracy for all payment activities. Citation numbeis are written on each payment piocessed and the amount of the check is written on the citation. This is consideied the first verification in the payment ptocess To ensure accuracy, all payments are enteied with the citation number and license plate associated with the record, to eliminate transposed citation numbers and misapplied payments Our Data Entry staff is provided with a printout after the entry process containing relevant information about the payments that have been enteted (the Data Entt y opetator's numbet, the Ptocessing Rept esentative's numbei, date paid, date enteied, citation count, a unique batch number and the total amount foi the batch). As the second vet ification in the payment process, the printout is attached to the batch upon balancing. The entii e batch is then sent to out banking staff for final pi ocessing The banking staff conducts the till' d and final vet ification for balancing pi ior to depositing funds. The total of the deposit must match the data entity printout befoie pioceeding. Deposits are made by courier each day. All payment documents ate staled in an easily ietrievable format. Payment documents ate stored for two years and then pet iodically shredded. A daily report of all citations paid is available online to be viewed by authoi ized City personnel. 139 Unmatched Payments. Out system has the ability to accept payments foi citations that ate not yet in the system Basic infoimation about the citation is entered into the database with the payment. Upon teceipt of the original citation, the basic information enteted with the payment is compated for accuracy and all othei data fields are updated. Partial Payments and Returned Checks. A second notice is mailed for bounced checks (adding a teturned check charge to the system that is established by the City), and for the balance due on patttal payments If no payment is received on these second notices, the system continues processing the citation thtough the penalty phase and additional notification. Due Date Extensions. The system has the capability to accept suspensions ot due date extensions when requested by the City These entt ies can be enteied by the City or by TDS upon iequest. POS Cashiering System. TDS has an online cashieting system that is available fot use by the City, which will allow Lot pt ocessing of payments, due date extensions, dismissals, voids, notes and towed vehicle infolmation Using the Cashiering System could pi ovide a convenience to City staff as well as the public, allowing information to be updated online in teal time The minimal haidware iequired foi this system consists of a PC with an Internet connection A teceipt prmtei and a cash drawei for use with this system ate optional Totals of all payments entered each day at the Agency's location can be printed by shift or day for balancing and reconciliation Correspondence Processing All mail teceived at TDS is sot ted by category (payments, correspondence, etc.) Cot respondence related to citations is opened and forwarded immediately to the apptopriate depaitment for further investigation by staff experienced in identifying and separating contesting infoimation from complaints. All coriespondence is piocessed within two business days of receipt. Envelopes for all cot iespondence are stamped with the date received and kept with the scut ce documents to validate the posting dates used for processing Vehicle Change of Ownership/Rented Vehicles Daily updates are performed on citations when a change of ownership or notification of a rental with bona fide proof is ieceived. All prior name infoimation is kept on the system for histoi ical teference. Once these updates are made, anothet notice is mailed to the new tesponsible patty 140 Upon teceiving unidentifiable payments or incomplete information fiom a citizen, TDS staff tequests additional information or documentation when necessary All correspondence mailed to citizens on behalf of the City is automatically lase' pi mted by the system and documented in the system for future reference All conespondence to the public pi ovides complete citation information, amount due and insh notions regal ding how to make a payment A bat-coded, pre-addtessed stub is included fot payment and documentation return Client Online Access — Citation Database Online access is available to the City using a PC and a secure Internet Connection 24/7. Real-time access offers our clients the most current database information. All tiansactions such as citation recoids, payments, dismissals, adminishattve adjudication information, notes, registeied owner information and all other citation data are immediately displayed and can be printed if desired. Out system allows retrieval of information by citation number, license numbet, VIN number or full or partial name The "full or partial name" feattne allows the end user to inquire on a pal hal name which provides widet search criteria and mole possibilities of locating the collect iegistered ownet . Our citation screens contain all pertinent information on each citation, all i elevant dates, fines, penalties, iegistet ed ownet (or appellant) names and addiesses, and notification info' mation Individual citation, history and license plate set eens indicate other open or closed citations. Open citations qualifying the vehicle to be towed or booted ate indicated. The cutient tegisteted owner name and address is displayed and can be printed. VINs can be inquited upon, displayed and printed. Detailed payment history is available on the History Screen. It contains detailed administrative adjudication information such as the current status of the appeal, letter dates, hearing dates, etc. Agency staff and TDS staff can enter, view and/or pi int "Notes" by a citation or license plate. 141 City peisonnel can easily inquire on and update citation infoimation using a single interface. Dismissals, administiative holds, payments, extensions and fine reductions can be completed by authorized staff All access is granted by a specific logon and password profile for each use'. For audit tracking, each transaction is stoied with the ID of the pet son entei ing the transaction Dismissals, administiative holds and payments can be entei ed using a priol received date. Partial payments and write-offs can be entered through this system as well The City has access to ieports showing deposits made by TDS each day for reconciliation purposes Client Parking Information Portal TDS pi °vides its customeis with a dedicated web site accessible to authoi ized peisonnel This site provides access to parking I elated info' mation and resew ces available 24/7. Some of the infolmation includes • Access to REPORTNet for online reporting • Statistical information for various parking metrics, measui es and compai isons Access to ticketPRO management functions • Tuibo Data contact information • Agency-specific infoimation such as violation schedule and officer roster • Industiy-specific links such as California Vehicle Code, DMV and Pal king Associations Reporting (ReportNet) IDS will pi ovide the City with a wide vat iety of elect' onto repoits. Repot ts can be cleated on an as _ needed basis upon request at no additional cost to the City. Frequency of repo' ts can be on a one time only basis, monthly, weekly or as the City desires Currently, Huntington Beach has over 50 different types of standard and custom teports that are regularly generated by TDS. Using the Internet, authoi ized City staff is pi ovided with a unique logon and password. These repoits ale piovided in PDF format and can be viewed and printed. Reports can be viewed online 24/7 and will iemain online for a minimum of three (3) years. Toll-Free Telephone Service for the Public 142 TDS will piovide a toll-fi ee telephone number for the public to inquire on parking citations 24/7 The phone switch in our Tustin office currently receives over 12,000 calls per week. Intelactwe Voice Response System: TDS' Interactive Voice Response system (1YR) provides real-time, detailed citation infix mation di' ectly linked to the City's database Each callei has the option of hearing the information in English or Spanish The IVR allows paiking citation iecipients 24/7 access (with maintenance occuiring between 12:00 midnight and 1.00 a.m.). The public can inquile by citation number oi license plate number and obtain the issue date, citation number, delinquent date and amount due on all open citations. The system confirms closed status on all closed citations as well as the unique ability to relay contesting status on citations in the adjudication pi ocess. Pre-iecorded infoimation includes a greeting, the address for mailing a payment, making a payment ovei the Internet, instiuctions fin contesting a citation and instiuctions for coirectmg equipment violations. Options fin leaching a Customer Set vice Representative ale also available through this system Customer Setvice Representatives. TDS Customer Service Representatives ate available dining out normal business hours (8:00 am — 5:00 pin). TDS employs and trains staff with the ability to respond to calls ieceived in English and Spanish We provide in-house naming to all of our Customer Set vice staff allowing them to provide general information on each City's policies and pioceduies with the ability to reseaich information and respond accordingly. In addition the staff is also tiained to handle complaints professionally and pi ovide information on all levels of the administrative adjudication process. Staff enters "Notes" on a particular citation oi license plate as calls are taken in instances wheie specific infoimation will be helpful fot future ieference. All "Notes" entered can be viewed and/or pi inted by the City and TDS staff Internet Capability for the Public (ptieket.com ) TDS has a fidly interactive web-based system which plovides the public with online inquii y, payment capability, and online appeal access for their pailang citations. This is a very important interface because this is how the public will see the City when they go online to pay, contest or retrieve mote information about their citation. 143 Citizens accessing the 1V1VW pticket com/hb website will find only specific information related to Huntington Beach. They will not pull up data fiom other agencies, oi see other agency names when they enter information for a Huntington Beach Citation We have included the Huntington Beach city bannei on pticket corn so that visitois can have the look and feel of the City web site. Data security is piovided using industiy standatd 128-bit SSL encryption. pticket corn is fully PCI compliant This website address link can be placed on the City's website to pi ovide a convenient link, a "hotlink", foi the public to view any or all parking infounation for the City of Huntington Beach. TDS has the ability to iecold all calls in our Customei Service Department Difficult calls may be lecoided, and these tecoidings may be foi warded to City staff in the event of a dispute. Supei visors in the Customer Service Department have the ability to monitor all calls i eceived This is helpful not only foi ttaining purposes, but also for support put poses should the call need to be escalated, Custom Notices Our pi ofessionally printed notices are punted in coloi and weie designed foi ease of 1 eading and pioviding important information to the public, as well as containing all information requited by the California Vehicle Code. Out notices meet all curientiequitements foi size,ptoportion and weight as defined by the USPS. All notices, letters, and postage aie pi ovided by TDS and mailed using fit st-class mail Parking violation notices ate mailed based on a City-detei mined schedule. All mailings ate impiinted with the post net barcode and FIM mat kings as lequested by the USPS Using the Postal Service National Change of Address (NCOA) database allows TDS to enstue the most rapid and accurate delivei y of notices. This featin e allows the new address of iespondents that have moved (and filed a notice with the USPS) to be du ectly printed on the notice fonn as it is mailed, to eliminate the time delay nonnally encounteled by the mail piece going to the old address, getting a fol warding stickei, and then going to the new address. All notices contain information tequiied by the Califoinia Vehicle Code. A unique feattne of our system is the ability to modify the agency-specific text that is punted on the notice. This allows the City the flexibility of changing the text should policies of procedures change (i.e. hours of operation, etc.). 144 Mail teturned as undeliveiable is tracked and identified as ietuined mail on the inquiry screen. Processing of Administrative Review Requests TDS has provided Adminish ative Appeal/Review & Heating Tiacking Services to our clients since 1993 and the inception of Califoinia Vehicle Code 40215, which governs the pi ocesses for appealing pat king citations. Our Administrative Appeals process was designed to save our clients a significant amount of time, ielieving the staff of the day-to-day clef ical tasks associated with the process, and to provide an organized, efficient and pi ofessional way to process their appeals TDS' Adm inistt ative Appeals processing hacks relevant dates, automatically interfaces with and updates the citation system, provides adjudication status on our WR (automated telephone system) and pticket.com (public website) and mails all notifications. We provide the scheduling of hem ings and mail all required hearing notifications. Using this seivice has proven successful by having contested information easily tracked right in the parking citation database. All adjudication activities ate hacked by the system and theiefoie ate available to the public 24/7 online and by telephone. Benefits of Using TDS' Adjudication Service • Automatically tracks each citation through the adjudication process • Dispositions (liable, not liable, liable for a reduced amount, etc.) ate entered and updated Dispositions can be entered by the City ot TDS • Automatically posts iefimds to the citation database on dismissed citations that ale already paid, • and genelates a request fot iefund which is forwaided to the City • Automatically tracks due dates foi contesting as descubed in CVC 40215 by interacting with the citation database and the specific citation data • Inteiacts with other automated systems - IVR and citizen Website - pticket.com • Public can appeal online, with the ability to upload photos and files • City can perform paperless online t eviews and decisions tin ough eAppealsPRO • Provides specific status on IVR and pticket.com on contested citations • Automated hearing scheduling • TDS staff woiks di' ectly with the City and the hearing officer when scheduling in-person hearings • Automated letter mailings which include decisions (liable/not liable) at 1st and 2nd level and • also hearing notification letters which provide specific date, time, location and ditections to the hearing • TDS customer service rept esentatives have all contesting information and relevant dates available to them to assist with phone calls fain the public. 145 The system hacks infoimation peitaining to each citation contested flu ough the administiative adjudication process and allows foi updates as each citation progiesses through the steps for contesting. The Administrative Review and Heating Tracking System is fully integrated with the pat king citation system and has complete inquily capabilities. The process starts with appellants contesting online or by mail. Online appeals are submitted using an online form tluough the www pticket com/hb website. Appellants can also upload files containing evidence and photos with the appeal fol review Mailed in requests ate entered into the system by TDS Once submitted online oi entered by TDS, citations are stopped fi om progressing thither in the citation piocess (no notices, etc.). Mailed in Initial Review requests are forwarded to the City with a covet sheet foi a decision. Through our eAppealsPRO online leview system, the City canieview the submitted online appeals, including uploaded files and photos. Prior citations, phone notes and City notes foi all citations issued foi the same license can also be viewed. For out clients that use TicketPRO Elite handheld ticketwi iters, citation photos taken by enforcement staff are included with each online appeal The City detet mines the disposition of each contested citation. A decision code coil esponding to a bi ief desci iption of the reason that will appear on the result lettet is selected. The iesult (upheld ot dismissed) can be entered into the system by the City or TDS. For each level of the Administrative Adjudication ptocess, once a citation has been upheld or dismissed, the system automatically generates a result letter containing information i elating to the decision and any amount due If a citation is dismissed and an amount has been paid, a refund request is forwarded to the City so the refund check can be mailed with the iesult letter Administrative fines for disabled pat king violations (CVC 40226). These reductions are handled through the adjudication system When the appellant shows pioof that they had been issued a valid piacaid at the time the citation was ieceived, the fine can be reduced to $25 (or whatever the city has determined to be theit administ ative fee) and the initial review result letter will explain that and iequest the reduced fine 146 Also, when the fine has been reduced, the Paid Citation Distribution Repot t, which calculates the monthly amount due to the County for the surcharges, will exclude,these administrative fees from the calculation Scanned "Paperless" Appeals TDS piovides an additional service that allows the City to review all mailed in appeals online This set vice allows for a 100% PAPERLESS appeal system All mailed-in appeals are scanned in to the system and ale teviewable by City staff using the eAppealsPRO online review system, the same application that the online appeals are reviewed from All appeals at e in the same place, and the documentation is saved electronically A complete history of all appeals and their iesults, person who made the decisions, etc. is available online at all times fot the City. No mailings of papet documents are required, and appeals ate online and available for review much soonei than with tiaditional methods This is a vety GREEN solution Administrative Hearing Scheduling Services Payment of the citation fine is required at the time of heat ing entry. In the case of indigence, the system allows an overiide to accept the heating request without payment of the fine. TDS schedules in-person heal ings based on City specific dates and times within the 90 day CVC tequitement. In-person heat ing requests receive a hearing date notification lettet with detailed instructions fin the scheduled healing. TDS allows for one teschedule should it be iequested of the citizen. A new heating date notification lettet is mailed with the new date and time once the hearing is rescheduled 147 The heating exammet receives a packet containing a covet sheet and all documentation iequired for each healing. The heating examinet recotds the decision of each hearing on the covet sheet which is retuned to TDS to update the database. Hearing schedules ale available online fot City viewing Reporting for the Administiative Heating poi lion of the system includes a monthly repoit of Outstanding Heating Requests. The TDS Hearing Result letter includes the reason that the violator was found liable, the requitement based on AB 602 from January 2009 Hearing Officer Coordination TDS staff will coordinate with Huntington Beach regal ding the dates and times for hearings to be scheduled. TDS staff ensures that both the Hearing Office' and a room are available three (3) weeks in advance of scheduling heal ings and pi tor to mailing Hearing Notification Letteis to the citizens. Hearing information and documentation is prepared in advance of the hearings, including a fotm for the hearing examiner to use to indicate theii findings. Results ate returned to TDS for entty into the system, mailing of result letters and filing of documentation, TDS cm rently provides an independent heal ing examinet fat the City of Huntington Beach. When a liable decision is appealed Rutile' through the coui t system, TDS will piovide the City with all 'elated documents fot the City to appear at court Infotmation tegarding couit appeals is also tracked in the system foi each citation. Credit Card Payments (pticket.com ) Payments by Credit Card: Payments by Ctedit Card ale accepted 24/7 over the Intel net The system secures immediate authorization fiom the processoz, with immediate updates to the Agency's database in teal time The pticket corn application is PCI compliance certified. Payments ale accepted via Visa, Mastel Card, and Discover 24 hours a day, 7 days a week through our secute website (wmv.pticket.com/hb ) maintained by TDS. There is immediate conflimation and update 148 of authorized payments to the paiking citation database. An email is generated to the payee on the web with their unique confirmation number/payment info' mation Monies collected ale deposited daily into a Tut boData Systems Inc bank account. The City of Huntington Beach pays all associated mei chant fees ineuned by the credit card payment pi ocess Daily teconciliations ate pet formed by TDS. Each month, TDS !Nepal es a monthly ieconciliation and provides monthly leporting An ACH tiansaction is ued to tiansfet monthly funds to the City Credit Caid Chat gebacks When a chargeback is ieceived, the monies ate deducted fl om a Tut boData Systems Inc. bank account and TDS staff pet foims any iequned adjustment to the parking citation database. We reopen the citation, and send a delinquent notice to the violatoi The city is not involved in the chargeback piocess. All credit caul ieconciliations and chargeback issues ate dealt with entirely by TDS staff Included with the Ci edit Cat d Payment Set vice ale sevei al web pages related to patking citations unique to the City. You will have the ability to customize the content within these pages specifically related to youi pal king ptogram. The citation number, license number, issue date, due date (if applicable), status of the citation(s), amount due foi each citation and the total amount due for the license plate ate displayed. If applicable, a check box foi payment will appear. Administiative Adjudication infoimation is displayed on appealed citations at all levels (Administiative Review, Healing and Civil Appeal). The reasons that citizens were found liable are also displayed online This is the most comprehensive display of pat king citation status infot mation available to the public online in the industiy today. This system also ptovides all necessaly information on how to contest, mailing addiess and a phone number should the person need additional assistance. Online Appeals: Thiough the pticket corn website, we piovide an online appeals pi ocess that is completely papelless. When a citizen is eligible to contest (within the time frame allowed by law), they 149 ate given the option to contest online. Once they have submitted their electionic appeal, and uploaded any desired documents, the appeals ate then reviewed online. A confiimation of each submitted appeal is emailed to the citizen A 'Note" indicating the date and time of the transaction is added to the City's database upon receipt of an electionic appeal The database is also updated with the iespondents name and address, adjudication infoimation (date contested) and the citation process is suspended pending teview of the appeal, saving considei able piocessing effott and time. All processed appeals and decisions can be reviewed at any time by City peisonnel. Final Notice — Past Due Correspondence Final Notice. Out final notice lettei is mailed aftet a citation goes delinquent but befoie sending to the DMV fot i egistration hold. This allows timely collection of fines including late fees and saves the City the fee chat ged by the DMV fot iegistration hold of the citation The Final Notice lettei is a vet)/ low cost method for the City to enter the collections ptocess. Special Collections and Delinquent Follow-up TDS piovides special collection plop ams for ow customers to help them maximize their collection efforts. We will work with Huntington Beach to identify special piograms that will assist in increasing the °vet all patlung citation collection rate Innovative Collection Set vices: Innovative Collection Services (ICS) has been pioviding supplemental collection seivices since 1996 As pat t of TDS, ICS benefits from our experienced staff with many yews of working with clients in the at ea of parking citation and collection processing Over the yeats, to piovide our clients with the quality they have come to appteciate, we have fine- tuned our softwat e to accommodate the needs of each agency The ICS system is fully integrated with our citation system allowmg foil easy retiieval of pat king citation and collection agency data, all in one location. ICS plovides a complete solution, with the ability to add penalties for administrative costs (cost recovery), geneiate demand letteis, provide teports, Intel face with et edit tepotting agencies, and piovide a unique toll-free numbei and a call centei with staff trained in handling collection matters Accutate tracking of yout funds is of pi imaty concein to our staff. Incoming new accounts as well as payment and "stop" information tiansinitted from the citation system ale monitored and validated to ensui e accui acy. 150 ICS collects many citations consideted othei wise uncollectible. The citations submitted to ICS are the hat dest to collect upon. The windshield citation did not cause the violator to pay, the initial mailed notice did not cause them to pay, the final notice did not cause them to pay, but now that a collection agency becomes involved and their credit rating becomes an issue, this may spur them to action. Franchise Tax Board Collections TDS also provides foi collections through the Franchise Tax Boaid Interagency Offset Piogram We comply with all tequirements set forth by the FTB fot the Intetagency Offset Piogi am and we provide all of the tesoutces necessai y so that you don't have to. We have pi ovided this set vice to out customers for many years and it has pioven to maximize citation collection i ates fot all participating agencies. Every agency that has pat ticipated in this piogiam has continued to use it every year thereafter For all FTB-qualffied citations, we combine all amounts together by registered owner. We retrieve Social Security numbers and mail the requited notices to each registered owner (usually in October/November of each year). We piocess the payments and handle all calls from these notices The public may also make credit card payments online at pticket.com . During December, all FTB-qualified accounts that remain unpaid are sent to the FTB to be ready for the submission of January tax returns. The FTB will send all intercepted funds and detailed reports directly to the City. The City must provide a copy of the check and a copy of the detailed tepoits to TDS immediately so that we can update the system to show the accounts/citations as closed, and to perform an ongoing teconciliation for the City. The FTB is notified by TDS of any interim payments teceived on our end, so they will close the account on theii system. Staff Support: TDS pi °vides in-house staff for all aspects of processing parking citations during noimal business horns User manuals for the citation system ate provided during training sessions and clearly identify all steps requited to access and use system information. Initial onsite ttaining at the City is provided fot all systems to be used. Additional training is provided to the City as iequested throughout the tetm of the contract. 151 Technical Support. TDS provides City staff with telephone support between 8.00 a in and 5 00 p in Pacific Standard Time (PST), Monday through Friday, except TDS' holidays. Our staff follows up on client iequests to ensui e an effective solution is pi ovided in a timely manner. With permission, we can conduct 'emote suppoit sessions to assist ot ti am users when necessai y Support via email is also available dui mg these how s Internet, Security and Data Backup TDS' network and sectnity infrastructure provides smite access to all of our systems including City access to the Citation System, REPORTNet and pticket.com . Redundant Internet availability is based on a three-way scheme which includes dedicated Ti, Wireless and Point-to-Point links/circuits. Dual managed firewalls provide redundancy and automatic failover in case of hardwaie failure and Intetnet link failover in case of ciicuit failui e. Internet circuits are installed in our Tustin and San Jose offices to pi ovide a triangular iedunciancy. TDS takes evely measute and precaution to ensure that all data is managed and properly protected. We mew poi ate industiy standaid security with a 128-bit SSL data encryption for all our web sites and online systems. Managed firewalls employ Intrusion Detection Service (IDS) and Intrusion Prevention Service (IPS) with hourly updates to new signatutes and thteats. All TDS staff 'umbels connect to oui systems via an SSL-Virtual Pi ivate Network (VPN) fot iemote access control and support. C. CITY'S DUTIES AND RESPONSIBILITIES: • Pi ovide deposit slips and endorsement stamps • Upload all handheld ticket wiiter files daily • Reconcile daily credit mid deposits • Answer questions ieferred by CONTRACTOR • Provide dhection on unique questions and conceins fiorn violatots • Pi ovide PC's and Internet access for connection to CONTRACTOR database • Sign necessary DMV forms when i gun ed for DMV access D. WORK PROGRAM/PROJECT SCHEDULE. As the cuirent parking citation pi ocessing vendor for Huntington Beach, most of the iequested services are in place and fully functioning No citation data tiansfei is iequii ed, manual citations are cuirent, systems ate installed and City staff ale trained 152 The RFP asks for some pioducts and seivices that ate plovided by TDS, which the City is cuirently not utilizing. Foi any new or existing products and sei vices, TDS will, upon acceptance of a signed agreement. Conduct site suiveys and pi epaie site as necessaty fot any new installations and opeiation of the system. Plovide all use training, manuals for implementation. Additional naming will be available in pei son and online as needed at no cost to the City Thep= and maintain system documentation Implement a fully tested, functional system 153 EXHIBIT "B" Payment Schedule (Fixed Fee Payment) 1 CONSULTANT shall be entitled to monthly progtess payments towald the fixed fee set forth hetein in accot dance with the following piogress and payment schedules Total fees shall not exceed One Million Thiee Hundred Thousand DoHats ($1,300,000) pei attached fee schedule 2 Delivery of work pi oduct: A copy of evely memorandum, letter, tepoit, calculation and othei documentation ptepared by CONSULTANT shall be submitted to CITY to demonstiate piogtess towatd completion of tasks In the event CITY rejects at has comments on any such product, CITY shall identify specific tequttements lot satisfactory completion. 3. CONSULTANT shall submit to CITY an invoice foi each monthly pi ogress payment due Such invoice shall - A) Refetence this Agreement; B) Desci ibe the services pet founed; C) Show the total amount of the payment due, D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agt cement; and E) For all payments include an estimate of the peicentage of woik completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory ptogiess towaid completion of tasks in accol dance with this Agieement, CITY shall apptove the Invoice, in which event payment shall be made within thirty (30) days of ieceipt of the invoice by CITY Such approval shall not be unteasonably withheld If CITY does not appiove an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agtee that past peifonnance by CONSULTANT is in, oi has been biought into compliance, ot until this Agieement has expned or is temimated as pi ovided het em 4. Any billings foi extra wotk oi additional setvices authoi ized in advance and in wilting by CITY shall be invoiced sepatately to CITY Such invoice shall contain all of the infoimation iequited above, and in addition shall list the hours expended and houtly rate charged for such time Such Invoices shall be approved by CITY if the work pei formed is in accordance with the extia woik oi additional services requested, and if CITY is satisfied that the statement of houis wmked and costs incurred is accurate. Such apptoval shall not be umeasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be heated as separate and apait flout the ongoing perfoimance of the remaindel of this Agreement. Surfnet Exhiblt B EXHIBIT B Fixed Fee Payment 154 HB Final Citation Processing Prices HB Current Pricing Anaheim Pricing Negotiated Pricing Citation Processing Electronic 042 $ 040 $ 040 Citation Processing Manual 055 $ 040 $ 040 Notices 080 $ 085 $ 0.80 Final Notices 080 $ 085 $ 0.80 Adjudication Letters 160 $ 085 $ 0 85 Scanned Appeals 150 $ 150 $ 1.50 Out of State 30% 30% 30% DMV Hold Letters $ 080 $ 085 $ 0 85 ICS Delinquent Processing 28% 30% 25% Credit Card Services 150% 150% 1 50% FTB Letters $ 250 $ 250 $ 2.50 FIB Collections 15% 15% 15% Credit card merchant fees $ Actual Fees paid by city 155 Citation Services Revenue Collections Mobile Solutions Se Integrated Partnerships From: ftoberta Rosen To. 51d2011 -Dill Cc. He Sle!man Subject: Turbo Data Contract Date. Friday, June 26, 2015 11 53 4 2 Ai Hi Jim, Thank you for chatting with us today We are excited about a 5 year term and are willing to provide additional incentives to support it We will reduce our Notice and Final Notice pricing to $ 80 cents to match the current rate and reduce the collection rate to 25% from 30% We feel these numbers are significant and will provide Huntington Beach an estimated $10,000/year reduction We have great plans moving forward into the future, that the City will benefit from, and our team is committed to continue to provide "Top Notch" service Hopefully this update will give you enough ammunition to save us all some time and finalize the contract We appreciate your continued support during this process Best regards, Roberta Rosen I President & CEO [ Turbo Data Systems, Inc. roberta©turbodata.com I 714.368.4808 1 www.turbodata.com You enforce We'll take care of the rest... yea ,P4 , Or IrCiltrier • Innovative Solutions • High Return & Low Cost • Integrated Systems • Rapid Service Response CONFIDENTIAL COMMUNICATION This email, including any attachments, contains information from Turbo Data Systems, inc. which may be confidential or privileged The information is intended to be for the use of the individual or entity named above If you are not the intended recipient, be aware that any disclosure, copying distnbution or use of the contents of this information is prohibited if you have received this email in error, please notify the sender immediately by "reply to sender only" message and destroy all electronic and hard motes of the communication, including attachments 156 City of Huntington Beach File #:20-1840 MEETING DATE:9/8/2020 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: Approve the Purchase of Parking Meters and Associated Service Agreement between the City of Huntington Beach and MacKay Meters Inc. Statement of Issue: The purchase and installation of new smart parking meters is required. The City’s current inventory is well beyond the average life expectancy of smart meters. In addition, the current smart meters use 2G cellular network technology, which is scheduled to be discontinued by T-Mobile and Verizon at the end of this calendar year. The 2G network is required in order to transmit credit card information for most of the City’s existing smart meters. Financial Impact: Funding for the purchase in the amount of $446,000 is included in the FY 2020/21 Equipment Replacement Fund 324, along with $827 in Parking Meters General Supplies 10045203.63100. Recommended Action: A) Approve the purchase of MacKay parking meters and associated Gateway/Hosting services in the amount of $446,827; and, B) Authorize the Mayor and City Clerk to execute the Service Agreement between the City of Huntington Beach and MacKay Meters, Inc., for Gateway/Hosting services. Alternative Action(s): Do not approve the recommended action and direct staff accordingly. Analysis: The City currently has 808 designated single space, smart parking meter spaces. Many of the meters utilized in these spaces are well beyond their average useful life expectancy of approximately 5-7 years, making repairs increasingly costly. Additionally, 80% of the City’s smart meters function with 2G modems using T-Mobile or Verizon cellular networks. Early this calendar year, staff became aware of the phone companies’ plans to discontinue their 2G network services at the end of the year, City of Huntington Beach Printed on 9/2/2020Page 1 of 3 powered by Legistar™157 File #:20-1840 MEETING DATE:9/8/2020 which will render 80% of the City’s on-street meters obsolete for credit card transactions. Due to the age of the majority of the smart meter inventory and the need for newer technological capabilities, upgrading the existing meters was not a viable option. In light of this information, Parking Meter and Purchasing staff worked together to prepare and release a Request for Proposals (RFP) for the selection of a new vendor. Included in the RFP were requirements for 4G modems or better, card, coin, and Near Field Communication (NFC) acceptance capabilities. NFC technology allows users to tap their credit card on the meter instead of inserting it, as well as use Google Pay and Apple Pay. The RFP scope also included meter upgrade options , such as sensors and pay-by-phone options, as well as dual space equipment. On February 12, 2020, the RFP was released. A total of four bids were received: IPS Group (existing vendor), Civic Smart, MacKay Meters, and POM Parking Meters. Of these, POM Parking Meters was eliminated from further consideration due to their inability to provide 4G network modems, which was a requirement of the RFP. As part of the bidding requirements, meters from the remaining three companies were tested for a 45 -day period (June 1, 2020 - July 15, 2020) at a total of four highly utilized parking stalls. During this period, the meters were evaluated according to the below categories: ·Screen Appearance/Resilience ·Communications ·Keypad Feedback ·Display Screen Light ·LED Indicators on Both Sides of the Meter ·NFC (Near Field Communication) Functioning ·Card Stuck Alerts ·Coin Jam Alerts ·Fake Coins ·Fraudulent coin and bank card use Following the ranking and review of all these items by a committee of Community Services, Finance, and Police Department staff, MacKay Meters scored the highest and also offered the option of dual space meters. The advantages of dual space meters include more efficient meter collection procedures, reduced maintenance (one meter instead of two meters for every two spaces), and reduced costs associated with the initial capital outlay. Additionally, MacKay meters provide pay-by- phone and sensor upgrade options creating increased parking collection opportunities. The proposed purchase of the 440 MacKay parking meters includes 375 dual space meters and 65 single space meters, covering a total of 815 parking spaces (with spares). Once received, staff plans to install the meters in various locations identified along Pacific Coast Highway, Pacific View, Walnut, Olive, Orange, Main, and 3rd and 5th Streets. City of Huntington Beach Printed on 9/2/2020Page 2 of 3 powered by Legistar™158 File #:20-1840 MEETING DATE:9/8/2020 The purchase also includes ongoing Meter Management System (MMS) Gateway/Hosting service fees estimated to cost approximately $50,000 annually. While the MacKay MMS Gateway/Hosting service fees are higher than the current vendor, staff estimates a net overall annual savings of approximately $40,000, due to the elimination of transaction fees charged by the current vendor for all credit card transactions. Staff also anticipates both short and long-term repair savings, due to the initial five-year product warranty and the fact that the MacKay meters can be repaired in-house, whereas the current vendor requires that broken meters be shipped and repaired at their facility. Due to this capability, meter repair response times will also be significantly improved. The total cost for this purchase is $446,827, which includes a five-year warranty, training, shipping, tax, and the associated MMS Gateway/Hosting start-up services. Funding in the amount of $446,000 is set aside in Equipment Replacement Fund 324 for the purchase. The balance of $827 will be funded from the Parking Meter General Fund operating budget. The City of Redondo Beach has recently purchased MacKay meters after testing for over one year. Staff has also spoken with the cities of Walnut Creek, California, and Ocala, Florida, who have been operating with MacKay meters and expressed only positive feedback regarding their product and services. Based on staff’s review and evaluation, as well as the above reference checks, staff is recommending the purchase of the MacKay meters. Environmental Status: Not applicable. Strategic Plan Goal: Enhance and maintain infrastructure Attachment(s): 1. Service Agreement between the City of Huntington Beach and MacKay Meters, Inc. City of Huntington Beach Printed on 9/2/2020Page 3 of 3 powered by Legistar™159 160 161 162 163 164 165 166 167 168 169 170 City of Huntington Beach File #:20-1755 MEETING DATE:9/8/2020 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Oliver Chi, City Manager PREPARED BY:Sean Crumby, PE, Director of Public Works Subject: Approve and authorize execution of a Cooperative Agreement with the Orange County Transportation Authority (OCTA) and the Cities of Westminster, Fountain Valley, and Santa Ana for a traffic signal synchronization project along Edinger Avenue Statement of Issue: The Orange County Transportation Authority (OCTA) has submitted a Cooperative Agreement to the City of Huntington Beach for a traffic signal synchronization project along Edinger Avenue. This agreement clarifies the roles and responsibilities of the OCTA and the cities with respect to execution and delivery of this project, which is funded by the OCTA Comprehensive Transportation Funding Program (CTFP), Regional Traffic Signal Synchronization Program, and the State of California Solutions for Congested Corridors Program (SCCP), as authorized by Senate Bill 1 in 2017. Financial Impact: The total project cost is $6,196,000 within all three participating agencies. Approximately $2.1 million in improvements will be provided within Huntington Beach. Funds in the amount of $95,000 are available in the Air Quality Management District (AQMD) fund (account 20190008.82700) for the City’s required contribution to the project. The Orange County Transportation Authority will manage the project and is responsible for the balance of the project costs. Recommended Action: Approve and authorize the Mayor and City Clerk to execute, “Cooperative Agreement No. C-0-2037 between Orange County Transportation Authority and Cities of Fountain Valley, Huntington Beach, Santa Ana and Westminster for Edinger Avenue Regional Traffic Signal Synchronization Program Project.” Alternative Action(s): Deny approval of the project and forgo eligibility to receive grant funds through the CTFP. Analysis: In 2018, the Orange County Transportation Authority (OCTA) competed in the competitive SCCP Call City of Huntington Beach Printed on 9/2/2020Page 1 of 3 powered by Legistar™171 File #:20-1755 MEETING DATE:9/8/2020 for Projects and was awarded Senate Bill 1 funds based on the application. The funded project is for the implementation of traffic signal synchronization along Edinger Avenue between Bolsa Chica Street in Huntington Beach and Ritchey Street in Santa Ana. This project will be managed by OCTA in conjunction with the cities of Huntington Beach, Westminster, Fountain Valley, and Santa Ana. In addition, this project has been approved by OCTA for funding under the Comprehensive Transportation Funding Program (CTFP), Regional Traffic Signal Synchronization Program. The grant amounts and the corresponding matching funds are summarized below: Project Cost (Entire Project) SB 1 Grant (Entire Project) OCTA Grant (Entire Project) Local Match (City of Huntington Beach Only) Local Match (All Other Agencies) $6,196,000 $4,957,107 $991,421 $83,509 $163,963 The OCTA is the lead agency with participation by the cities of Huntington Beach, Westminster, Fountain Valley, and Santa Ana. This project will provide operational and infrastructure improvements at 41 signalized intersections along Edinger Avenue from Bolsa Chica Street in Huntington Beach to Ritchey Street in Santa Ana. As a first stage, equipment upgrades will be installed in order to improve the operation and communications along the network, including the installation of new fiber optic communication cable and new traffic signal controllers within the City of Huntington Beach. These improvements are identified in the City’s Traffic Signal System Master Plan and will allow for faster and improved communications with the traffic signal system master at City Hall. The second stage of the project will be the development of new coordinated traffic signal timing , which will reduce stops and delays along the corridor. The total project costs are estimated at $6.2 million, with approximately $2.1 million of the improvement occurring within Huntington Beach. Our total required matching funds for the project are $83,509, or about 2.5% of the overall costs. Public Works Commission Action:Not required. Environmental Status: No impact with approval of agreement. All CEQA and environmental analysis will be processed by OCTA. Strategic Plan Goal: Enhance and maintain infrastructure Attachment(s): 1. Project Location Map 2. Cooperative Agreement No. C-0-2037 between Orange County Transportation Authority and Cities of Fountain Valley, Huntington Beach, Santa Ana, and Westminster for Edinger Avenue Regional Traffic Signal Synchronization Program Project City of Huntington Beach Printed on 9/2/2020Page 2 of 3 powered by Legistar™172 File #:20-1755 MEETING DATE:9/8/2020 City of Huntington Beach Printed on 9/2/2020Page 3 of 3 powered by Legistar™173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 City of Huntington Beach File #:20-1756 MEETING DATE:9/8/2020 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Oliver Chi, City Manager PREPARED BY:Sean Crumby, PE, Director of Public Works Subject: Approve and authorize execution of a Cooperative Agreement with the Orange County Transportation Authority (OCTA) and the Cities of Fountain Valley and Santa Ana for a traffic signal synchronization project along Warner Avenue Statement of Issue: The Orange County Transportation Authority (OCTA) has submitted a Cooperative Agreement to the City of Huntington Beach for a traffic signal synchronization project along Warner Avenue. This agreement clarifies the roles and responsibilities of the OCTA and the cities with respect to execution and delivery of this project funded by the OCTA Comprehensive Transportation Funding Program (CTFP), Regional Traffic Signal Synchronization Program, and the State of California Solutions for Congested Corridors Program (SCCP) as authorized by Senate Bill 1 in 2017. Financial Impact: The total project cost is $5,115,000. A total of approximately $1.6 million of the funds will be spent within the City of Huntington Beach. Funds in the amount of $80,000 are available in the Air Quality Management District (AQMD) fund (Account 20190009.82700) to fund the City’s local share of the costs. The Orange County Transportation Authority will manage the project and is responsible for the balance of the project costs. Recommended Action: Approve and authorize the Mayor and City Clerk to execute, “Cooperative Agreement No. C-0-2039 between Orange County Transportation Authority and Cities of Fountain Valley, Huntington Beach and Santa Ana for Warner Avenue Regional Traffic Signal Synchronization Program Project.” Alternative Action(s): Deny approval of the project and forgo eligibility to receive grant funds through the CTFP. Analysis: In 2018, the Orange County Transportation Authority (OCTA) competed in the competitive SCCP Call City of Huntington Beach Printed on 9/2/2020Page 1 of 3 powered by Legistar™191 File #:20-1756 MEETING DATE:9/8/2020 for Projects and was awarded Senate Bill 1 funds based on the application. The funded project is for the implementation of traffic signal synchronization along Warner Avenue between Pacific Coast Highway in Huntington Beach and Pullman Avenue in Santa Ana. This project will be managed by OCTA in conjunction with the cities of Huntington Beach, Fountain Valley , and Santa Ana. In addition, this project has been approved by OCTA for funding under the Comprehensive Transportation Funding Program (CTFP), Regional Traffic Signal Synchronization Program. The grant amounts and the corresponding matching funds are summarized below: Project Cost (Entire Project) SB 1 Grant (Entire Project) OCTA Grant (Entire Project) Local Match (City of Huntington Beach Only) Local Match (All Other Agencies) $5,115,000 $4,092,124 $818,400 $56,423 $148,028 The OCTA is the lead agency with participation by the cities of Huntington Beach, Fountain Valley, and Santa Ana. This project will provide operational and infrastructure improvements at 42 signalized intersections along Warner Avenue from Pacific Coast Highway in Huntington Beach to Pullman Avenue in Santa Ana. As a first stage, equipment upgrades will be installed in order to improve the operation and communications along the network, including the installation of new fiber optic communication cable and new traffic signal controllers within the City of Huntington Beach. These improvements are identified in the City’s Traffic Signal System Master Plan and will allow for faster and improved communications with the traffic signal system master at City Hall. The second stage of the project will be the development of new coordinated traffic signal timing , which will reduce stops and delays along the corridor. Overall, more than $1.6 million will be spent on improvements with the City of Huntington Beach, with the City’s contributions totaling only $56,423, or 3.4%, of the amount spent. Public Works Commission Action:Not required. Environmental Status: There is no environmental impact associated with the approval of this agreement. All CEQA and environmental analysis will be processed by OCTA. Strategic Plan Goal: Enhance and maintain infrastructure Attachment(s): 1. Project Location Map 2. Cooperative Agreement No. C-0-2039 between Orange County Transportation Authority and Cities of Fountain Valley, Huntington Beach, and Santa Ana for Warner Avenue Regional Traffic Signal Synchronization Program Project City of Huntington Beach Printed on 9/2/2020Page 2 of 3 powered by Legistar™192 File #:20-1756 MEETING DATE:9/8/2020 City of Huntington Beach Printed on 9/2/2020Page 3 of 3 powered by Legistar™193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 City of Huntington Beach File #:20-1757 MEETING DATE:9/8/2020 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Oliver Chi, City Manager PREPARED BY:Sean Crumby, PE, Director of Public Works Subject: Approve and authorize execution of a Cooperative Agreement with the Orange County Transportation Authority (OCTA) and the Cities of Fountain Valley and Santa Ana for a traffic signal synchronization project along Talbert Avenue/MacArthur Boulevard Statement of Issue: The Orange County Transportation Authority (OCTA) has submitted a Cooperative Agreement to the City of Huntington Beach for a traffic signal synchronization project along Talbert Avenue/MacArthur Boulevard. This agreement clarifies the roles and responsibilities of the OCTA and the cities with respect to execution and delivery of this project funded by the OCTA Comprehensive Transportation Funding program (CTFP), Regional Traffic Signal Synchronization Program, and the State of California Solutions for Congested Corridors Program (SCCP) as authorized by Senate Bill 1 in 2017. Financial Impact: The total project cost is $3,689,000. A total of $59,000 is expected to be spent on improvements in Huntington Beach. Funds in the amount of $4,000 are available in the Air Quality Management District (AQMD) fund (Account 20185201.69365) to fund the City’s matching share. The Orange County Transportation Authority will manage the project and is responsible for the balance of the project costs. Recommended Action: Approve and authorize the Mayor and City Clerk to execute, “Cooperative Agreement No. C-0-2038 between Orange County Transportation Authority and Cities of Fountain Valley, Huntington Beach and Santa Ana for MacArthur Boulevard/Talbert Avenue Regional Traffic Signal Synchronization Program Project.” Alternative Action(s): Deny approval of the project and forgo eligibility to receive grant funds through the CTFP. Analysis: City of Huntington Beach Printed on 9/2/2020Page 1 of 3 powered by Legistar™210 File #:20-1757 MEETING DATE:9/8/2020 In 2018, the Orange County Transportation Authority (OCTA) competed in the competitive SCCP Call for Projects and was awarded Senate Bill 1 funds based on the application. The funded project is for the implementation of traffic signal synchronization along Talbert Avenue/MacArthur Boulevard between the Walmart Driveway in Huntington Beach and MacArthur Place in Santa Ana. This project will be managed by OCTA in conjunction with the cities of Huntington Beach, Fountain Valley , and Santa Ana. In addition, this project has been approved by OCTA for funding under the Comprehensive Transportation Funding Program (CTFP), Regional Traffic Signal Synchronization Program. The grant amounts and the corresponding matching funds are summarized below: Project Cost (Entire Project) SB 1 Grant (Entire Project) OCTA Grant (Entire Project) Local Match (City of Huntington Beach Only) Local Match (All Other Agencies) $3,689,000 $2,951,000 $590,240 $2,400 $145,150 The Orange County Transportation Authority is the lead agency with participation by the cities of Huntington Beach, Fountain Valley, and Santa Ana. This project will provide operational and infrastructure improvements at 26 signalized intersections along Talbert Avenue/MacArthur Boulevard from the Walmart Driveway in Huntington Beach to MacArthur Place in Santa Ana. As a first stage, equipment upgrades will be installed in order to improve the operation and communications along the network, including the installation of new traffic signal controllers within the City of Huntington Beach. These improvements are identified in the City’s Traffic Signal System Master Plan and will allow for faster and improved communications with the traffic signal system master at City Hall. The second stage of the project will be the development of new coordinated traffic signal timing , which will reduce stops and delays along the corridor. A total of $59,000 is expected to be spent within the City of Huntington Beach on this project. Our anticipating local contribution requirement of $2,400 represents 4% of the total costs of improvements within the City. Public Works Commission Action:Not required. Environmental Status: No impact with approval of agreement. All CEQA and environmental analysis will be processed by OCTA. Strategic Plan Goal: Enhance and maintain infrastructure Attachment(s): 1. Project Location Map 2. Cooperative Agreement No. C-0-2038 between Orange County Transportation Authority and City of Huntington Beach Printed on 9/2/2020Page 2 of 3 powered by Legistar™211 File #:20-1757 MEETING DATE:9/8/2020 Cities of Fountain Valley, Huntington Beach, and Santa Ana for MacArthur Boulevard/Talbert Avenue Regional Traffic Signal Synchronization Program Project City of Huntington Beach Printed on 9/2/2020Page 3 of 3 powered by Legistar™212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 City of Huntington Beach File #:20-1809 MEETING DATE:9/8/2020 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Oliver Chi, City Manager PREPARED BY:Sean Crumby, Director of Public Works Subject: Approve and authorize execution of a three year Professional Services Contract in the amount of $900,000 with Enterprise Automation to provide On Call Engineering Services for Water and Wastewater SCADA Systems Statement of Issue: Submitted for City Council approval is a professional services contract with Enterprise Automation to provide on-call services for the Public Works Utilities Division Supervisory Control and Data Acquisition (SCADA) Systems, which monitor and control the water, storm water, and wastewater systems. Financial Impact: Funding in the amount of $250,000 for the current fiscal year is included in the Water Fund Administration Account 50685801.69365, and $50,000 is included in the Sewer Service Fund Operating Account 51185201.69365. Funding for the remaining two years of the three-year contract will be requested in subsequent budget submittals. Recommended Action: Approve and authorize the Mayor and City Clerk to execute the “Professional Services Contract Between the City of Huntington Beach and Enterprise Automation for On-Call Engineering Services for Water and Wastewater SCADA Systems.” Alternative Action(s): Deny approval of the Professional Services Contract and direct staff accordingly. Analysis: The City’s SCADA systems monitor and control the water, storm water, and wastewater systems. The consultant will provide as-needed programming and engineering services related to managing, maintaining and upgrading the SCADA systems for a three-year term. These services include transitioning the City’s wastewater SCADA system from Wonderware SCADA to VTSCADA, as has already been done for the water production and flood control SCADA systems. On-call services include design and programming assistance with SCADA reports, ongoing security updates and City of Huntington Beach Printed on 9/2/2020Page 1 of 2 powered by Legistar™229 File #:20-1809 MEETING DATE:9/8/2020 periodic security audits, implementation of SCADA system virtualization, system functional upgrades and other tasks as required. A Request for Proposal (RFP) was released by the City’s Fiscal Services division of the Finance Department on June 4, 2020. The bid number, 2020-0709, was released electronically through the PlanetBids system (www.planetbids.com <http://www.planetbids.com>) for maximum distribution to interested parties. The RFP was viewed by 57 parties with two submitting bids, Enterprise Automation of Irvine and Cal Coast Reps in Costa Mesa. Utilities Division staff, including members of the SCADA Section and Water Production Section, reviewed and is recommending Enterprise Automation as best qualified vendor. Enterprise Automation is a local Orange County company offering all phases of control systems integration. Services include SCADA configuration, data network design, testing, start up and training, operation and maintenance documentation, design consultation, specification development, panel design, and programmable logic controller programming. Enterprise Automation has a local facility that currently houses the City’s SCADA system in a virtual server for off-site testing and development, and serves as one of the back-up copies for disaster recovery. Staff has been very satisfied with their performance over the previous contract. Staff is recommending the City Council approve a three-year contract with Enterprise Automation through 2023. Environmental Status: Not applicable. Strategic Plan Goal: Enhance and maintain infrastructure Attachment(s): 1. Professional Services Agreement Between the City of Huntington Beach and Enterprise Automation for On-Call Engineering Services for Water and Wastewater SCADA Services and RFP rating summary. City of Huntington Beach Printed on 9/2/2020Page 2 of 2 powered by Legistar™230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 City of Huntington Beach File #:20-1829 MEETING DATE:9/8/2020 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Oliver Chi, City Manager PREPARED BY:Sean Crumby, Director of Public Works Subject: Approve and authorize execution of a Memorandum of Understanding (MOU) with the Orange County Transportation Authority (OCTA) for the Pilot Regional Signal Performance Measure Project Statement of Issue: The Orange County Transportation Authority (OCTA) has submitted a Memorandum of Understanding (MOU) to the City of Huntington Beach to implement a traffic signal monitoring program for the City’s signals along Brookhurst Street. This MOU clarifies the roles and responsibilities of the OCTA and the City with respect to the installation and operation of this monitoring system. Financial Impact: The Orange County Transportation Authority will be responsible for all project costs. There is no financial impact to the City. Recommended Action: Approve and authorize the Director of Public Works and City Clerk to execute “Memorandum of Understanding No. C-0-2441 Between Orange County Transportation Authority and the City of Huntington Beach for The Pilot Regional Signal Performance Measure Project.” Alternative Action(s): Deny approval of the project and forgo participation in this project. Analysis: On March 2, 2018, the City Council approved a Cooperative Agreement with the Orange County Transportation Authority to participate in the Brookhurst Street Regional Traffic Signal Synchronization Project. This project provided operational and infrastructure improvements along City of Huntington Beach Printed on 9/2/2020Page 1 of 2 powered by Legistar™251 File #:20-1829 MEETING DATE:9/8/2020 Brookhurst Street from Fullerton to Huntington Beach. As the construction and initial retiming activities are complete, the project is moving into the operation and maintenance phase. As part of OCTA’s management of this project, they have recommended implementing a monitoring system at each of the corridor’s traffic signals in order that the traffic signal operational data can be remotely transmitted to OCTA. The cost of implementation and operation of this monitoring system will be the responsibility of OCTA. This agreement generally gives permission for OCTA to monitor the output from the City’s traffic signals, and confirms that the City will continue to maintain the traffic signal system, as it ordinarily would regardless of this program. The City will also be given access to software so that City staff can also monitor the traffic signal output. This monitoring agreement will terminate on June 21, 2021, unless extended with mutual consent of both OCTA and the City. Public Works Commission Action: Not required. Environmental Status: No impact with approval of the agreement. The study is categorically exempt from CEQA. Strategic Plan Goal: Enhance and maintain infrastructure Attachment(s): 1. Project Location Map 2. Memorandum of Understanding No. C-0-2441 between Orange County Transportation Authority and the City of Huntington Beach for The Pilot Regional Signal Performance Measure Project City of Huntington Beach Printed on 9/2/2020Page 2 of 2 powered by Legistar™252 253 254 255 256 257 258 259 260 City of Huntington Beach File #:20-1836 MEETING DATE:9/8/2020 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Robin Estanislau, CMC, City Clerk PREPARED BY:Robin Estanislau, CMC, City Clerk Subject: Approve and authorize execution of Vote Center Entry Permit (License) Agreements with the County of Orange for use of certain City facilities as five-day Vote Centers for the November 3, 2020 General Municipal Election Statement of Issue: California Senate Bill 450, known as the California Voter’s Choice Act passed by the Legislature and signed by the Governor in 2016, authorizes counties to conduct all-mailed ballot elections if the jurisdiction can meet certain criteria. The Orange County Registrar of Voters (ROV) has transitioned to this new model of voting, and is seeking approval to use certain City facilities as five-day Vote Centers for the November 3, 2020 General Municipal Election. Financial Impact: Not applicable. Recommended Action: Approve and authorize the City Manager to execute the Orange County Registrar of Voters “Vote Center Entry Permit (License) Agreements” approved as to form by the City Attorney for use of the following sites as five-day Vote Centers: A) Huntington Beach Civic Center, Meeting Room B-7, 2000 Main Street, Huntington Beach from Friday, October 30, 2020 through Tuesday, November 3, 2020; and, B) Huntington Beach Central Library, Rooms C/D, 7111 Talbert Avenue, Huntington Beach from Friday, October 30, 2020 through Tuesday, November 3, 2020; and, C) Huntington Beach City Gym and Pool, 1600 Palm Avenue, Huntington Beach from Friday, October 30, 2020 through Tuesday, November 3, 2020; and, D) Main Street Branch Library, Blue Room, 525 Main Street, Huntington Beach from Friday, October 30, 2020 through Tuesday, November 3, 2020; and, City of Huntington Beach Printed on 9/2/2020Page 1 of 3 powered by Legistar™261 File #:20-1836 MEETING DATE:9/8/2020 E) Edison Community Center, Studio, 21377 Magnolia Street, Huntington Beach from Friday, October 30, 2020 through Tuesday, November 3, 2020; and, F) Michael E. Rodgers Senior Outreach Center, Auditorium, 1706 Orange Avenue, Huntington Beach from Friday, October 30, 2020 through Tuesday, November 3, 2020; and, G) Murdy Community Center, Studio, 1900 Norma Drive, Huntington Beach from Friday, October 30, 2020 through Tuesday, November 3, 2020. Alternative Action(s): Deny the request and provide staff alternate direction. Analysis: The California Voter’s Choice Act, passed in 2016, allows counties to conduct all-mailed ballot elections to provide greater flexibility and convenience for voters, so that elections are no longer a one-day event. In February 2019, the County Board of Supervisors voted to enact the Voter’s Choice Act, and starting with the March 3, 2020 Presidential Primary Election, all voters in Orange County received a vote-by-mail ballot and could choose to: 1) return their ballot by mail (postage-paid) through the United States Postal Service; 2) drop their ballot in an official and secure Ballot Drop Box; or deliver their ballot to any four or eleven-day Vote Center within the County. The same process will be followed for the November 3, 2020 General Municipal Election and subsequent elections that follow, with the County electing to operate five-day Vote Centers only, rather than the four and eleven-day Vote Center options that were previously used. Benefits of Vote Centers Vote Centers are designed to improve the voter experience. While polling places have been a mainstay of voting for many years, the use of them has dropped dramatically in the past 20 years. Voters have gravitated towards more convenience, choosing instead to receive a vote-by-mail ballot and, in many instances, drop it off at a polling place, rather than vote in-person. Vote Centers adapt to these changes and offer many more conveniences. Features Traditional Polling Place Vote Center Electronic voting system X X Drop off ballot at any site X X Disabled access voting X X Ballot on-demand X Electronic secure check-in X Provisional ballots nearly eliminated X Trained employees X Vote at any location X Multi-day voting X Reduced costs X Orange County Registrar of Voters (ROV) Neal Kelley and staff worked with City staff to assess and secure potential sites suitable to serve as five-day Vote Centers. Site selection considerations included Vote Center proximity to: ·Public transportation ·Communities with historically low vote by mail usage ·Population centers ·Language minority communities ·Voters with disabilities ·Communities with low rates of household vehicle ownership ·Low-income communities ·Communities of eligible voters who are not registered to vote and may need access to same day voter registration ·Geographically isolated populations, including Native American reservations City of Huntington Beach Printed on 9/2/2020Page 2 of 3 powered by Legistar™262 File #:20-1836 MEETING DATE:9/8/2020 Other considerations include: ·Access to accessible and free parking ·The distance and time a voter must travel by car or public transportation to a vote center ·The need for alternate methods for voters with disabilities for whom vote by mail ballots are not accessible to cast a ballot ·Traffic patterns near vote centers ·The need for mobile vote centers in addition to the number of vote centers established pursuant to this section ·Room size and location ·Facility availability for multiple days and extended hours, including weekends The City Clerk, Director of Community Services, and Director of Library Services worked with ROV representatives in the site selection process. In early August, the ROV provided a communication that requested specific site use for Vote Center purposes. Department Directors provided preliminary approval for use of the requested sites [Vote Center Entry Permit (License) Agreements approved as to form by the City Attorney are attached]. In response to COVID-19, the ROV has provided assurance that each in-person voting location will have detailed plans for disinfecting, maintaining physical distance, and will have personal protective equipment and increased signage on site. Registrar of Voters Neal Kelley stated, "My priority is to provide safe voting options for all voters and safe working environments for our staff amid COVID-19. Whether a voter prefers to vote at home or in-person at a Vote Center, every effort will be made to ensure they have a positive experience that promotes health and safety.” He continued, “Voters should consider voting safely at home using the ballot they will receive in the mail prior to the election.” The ROV’s COVID-19 Election Response Report can be accessed at: <https://www.ocvote.com/election-library/docs/2020%20COVID-19%20Report.pdf>. County and City staff have also agreed to offer voters a drive-thru ballot drop off option at select locations (Edison Community Center, Michael Rodgers Senior Center, Murdy Community Center) to limit the number of voters entering each facility. Past voting data shows that many voters go to the nearest Vote Center/Polling Place simply to turn in their mail-in ballot. A map depicting the drive-thru ballot drop-off process is attached to each of the aforementioned license agreements. Environmental Status: Not applicable. Strategic Plan Goal: Non-Applicable - Administrative Item Attachment(s): 1. Vote Center Facility Use Agreement - Huntington Beach Civic Center, Meeting Room B-7, 2000 Main Street, Huntington Beach 2. Vote Center Facility Use Agreement - Huntington Beach Central Library, Rooms C/D, 7111 Talbert Avenue, Huntington Beach 3. Vote Center Facility Use Agreement - Huntington Beach City Gym and Pool, 1600 Palm Avenue, Huntington Beach 4. Vote Center Facility Use Agreement - Main Street Branch Library, Blue Room, 525 Main Street, Huntington Beach 5. Vote Center Facility Use Agreement - Edison Community Center, Studio, 21377 Magnolia Street, Huntington Beach 6. Vote Center Facility Use Agreement - Rodgers Senior Outreach Center, Auditorium, 1706 Orange Avenue, Huntington Beach 7. Vote Center Facility Use Agreement - Murdy Community Center, Studio, 1900 Norma Drive, Huntington Beach City of Huntington Beach Printed on 9/2/2020Page 3 of 3 powered by Legistar™263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 City of Huntington Beach File #:20-1845 MEETING DATE:9/8/2020 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: Approve and authorize execution of a Five-Year License Agreement with Southern California Edison (SCE) for use of 2.48 acres of land southeast of Atlanta Avenue and Brookhurst Street to be used as a Community Garden Statement of Issue: The City Council is asked to approve a five-year renewal of the License Agreement between the City of Huntington Beach (City) and Southern California Edison (SCE) for use of a 2.48 acre SCE right-of- way for a community garden, southeast of Atlanta Avenue and Brookhurst Street, adjacent to the Santa Ana River. Financial Impact: The annual payment is budgeted in the Park Development Impact Fund, account number 22845001.70300. Recommended Action: Approve the License Agreement with Southern California Edison for the use of the 2.48 acre parcel to be used for the Huntington Beach Community Garden (HBCG), and authorize the Mayor and City Clerk to execute all documents necessary to execute this transaction. Alternative Action(s): Do not approve the license agreement with SCE, and discontinue the use of this property as a community garden. Analysis: On June 21, 2010, the City Council approved a community garden on SCE property at the southeast corner of Atlanta Avenue and Brookhurst Street adjacent to the Santa Ana River. The City has a Memorandum of Understanding (MOU) with the HBCG. The garden is operated by the HBCG, a 501 (c)(3) corporation, consisting of volunteers from the community with a city liaison from the Community Services Department. HBCG is responsible for funding improvements to the site, including bringing water to the site. They are also responsible to pay for all operating costs, including water use , per the City of Huntington Beach Printed on 9/2/2020Page 1 of 2 powered by Legistar™309 File #:20-1845 MEETING DATE:9/8/2020 conditions of the MOU. Because the 2.48 acre parcel is owned by SCE, a license agreement between the City and SCE is required. The license agreement has been renewed for successive five-year terms since 2010. The current license agreement will expire on November 30, 2020. The proposed license agreement would commence December 1, 2020, and expire November 30, 2025. (Attachment 1). In exchange for the use of the property, the City would pay an annual license fee in accordance with the fee schedule below: Term Year Due Yearly Amount Payment Due First Day of First Year 2020 $716.43 December Second Year 2021 $737.92 December Third Year 2022 $760.06 December Fourth Year 2023 $782.86 December Fifth Year 2024 $806.34 December Environmental Status: Not applicable. Strategic Plan Goal: Enhance and maintain high quality City services Attachment(s): 1. Proposed License Agreement with Southern California Edison - Contract No. 9.3920 with Exhibit A - Location Map of the Huntington Beach Community Garden City of Huntington Beach Printed on 9/2/2020Page 2 of 2 powered by Legistar™310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 Exhibit "A"325 326 327 328 329 330 331 City of Huntington Beach File #:20-1853 MEETING DATE:9/8/2020 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Oliver Chi, City Manager PREPARED BY:Oliver Chi, City Manager Subject: City Council Position on Legislation Pending Before Congress and the State Legislature as Recommended by the City Council Intergovernmental Relations Committee (IRC) Statement of Issue: On August 19, 2020, the Intergovernmental Relations Committee (IRC),comprised of Mayor Lyn Semeta and Council Member Patrick Brenden,met to discuss pending Federal and State legislation. The Committee is recommending that the City Council take the following positions: Oppose AB 685 (Reyes); Oppose AB 2967 (O’Donnell); and Oppose AB 3269 (Chiu). Financial Impact: There is no fiscal impact. Recommended Action: A) Approve a City position of Oppose on Assembly Bill 685 (Reyes) - Require occupational safety notification if an employee is exposed to COVID-19; and, B) Approve a City position of Oppose on Assembly Bill 2967 (O’Donnell) - Prohibits contracting agencies from amending their contracts with CalPERS to exclude groups of employees; and, C) Approve a City position of Oppose on Assembly Bill 3269 (Chiu) - State and local agencies: homelessness plan. Alternative Action(s): Do not approve the recommended legislative positions and direct staff accordingly. Analysis: On August 19, 2020, the IRC met to discuss pending Federal and State legislation, in addition to Administrative Items. The Committee reviewed the 2020 State Legislative Matrix provided by the City’s Federal and State Advocate,Townsend Public Affairs. The following is an analysis of the bills that the Committee chose to take the following positions on: Ø OPPOSE - AB 685 (Reyes) - Require occupational safety notification if an employee is exposed to COVID-19 AB 685 would require employers to provide specified notices to employees, the Division of City of Huntington Beach Printed on 9/2/2020Page 1 of 3 powered by Legistar™332 File #:20-1853 MEETING DATE:9/8/2020 AB 685 would require employers to provide specified notices to employees, the Division of Occupational Safety and Health (DOSH) within the Department of Industrial Relations (DIR), the Department of Public Health (DPH), and others if an employee is exposed to COVID-19. Employers would be required to take the following actions within 24 hours that the employer knew or reasonably should have known of exposure to the employee: o Provide a notice to all employees at the worksite where the exposure occurred that they may have been exposed to COVID-19 o Notify the employee’s union, if applicable o Notify all employees and the union, if any, of options for exposed employees, including COVID- 19-related leave, company sick leave, state-mandated leave, supplemental sick leave, or negotiated leave provisions o Notify Cal/OSHA of the number of employees by occupation with a COVID-19 positive test, diagnosis, order to quarantine, or death that could be COVID-19 related o Notify DPH and the appropriate local public health agency of the number of employees by occupation with a COVID-19 positive test, diagnosis, order to quarantine, or death that could be COVID-19 related The bill would provide that any failure to provide any of the required notifications is a misdemeanor that is punishable by a ten thousand dollar ($10,000) fine. Ø OPPOSE - AB 2967 (O’Donnell) - Prohibits contracting agencies from amending their contracts with CalPERS to exclude groups of employees AB 2967 would prohibit a contracting public agency from amending its contract with CalPERS to exclude groups of its employees. In 2019, the City of Placentia amended its contract with CalPERS to remove the “Fire” category; thus, when the City created its own Fire and Life Safety Department, all new fire employees were not members of CalPERS. Instead, the City offered a 401(a) style defined contribution plan. This bill does not prohibit an amendment to a contract that enumerates or clarifies provisions related to groups of employees in a manner that does not expand those already subject to exclusion. Current PERL states that employers may classify all or part of their workforce in their CalPERS contract. This bill would remove that provision. Ø OPPOSE - AB 3269 (Chiu) - State and Local agencies: homelessness plan AB 3269 would establish the Housing and Homelessness Inspector General (Inspector General) independent position within the California Department of Housing and Community Development (HCD). It also requires the Homeless Coordinating and Financing Council (HCFC) to conduct a statewide needs and gaps analysis to identify state programs that provide housing or services to persons experiencing homelessness, and create a financial model that will assess the investment needs required to move those persons into permanent housing. Each local agency would be required to submit a specified actionable county-level plan, including local gaps analyses, for meeting specific annual benchmarks to HCD by January 1, 2022. Each city in the local agency’s jurisdiction is mandated to participate in the county-level plan, and the local agency must seek active participation of all homeless Continuum of Care Programs serving the area. HCD would be required to set a benchmark goal to reduce homelessness for the state, based on the statewide gaps and needs analysis, and to work with local agencies to identify appropriate benchmark goals to reduce homelessness for each local agency and their cities, based on the county-level plan for meeting annual benchmarks. Finally, the state and each local agency would need to submit an annual progress report to HCD regarding progress and implementation of the adopted plan, as well as any proposed amendments. Environmental Status: Not applicable. City of Huntington Beach Printed on 9/2/2020Page 2 of 3 powered by Legistar™333 File #:20-1853 MEETING DATE:9/8/2020 Strategic Plan Goal: Non-Applicable - Administrative Item Attachment(s): 1.AB 685 (Reyes) 2. AB 2967 (O’Donnell) 3. AB 3269 (Chiu) City of Huntington Beach Printed on 9/2/2020Page 3 of 3 powered by Legistar™334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 City of Huntington Beach File #:20-1857 MEETING DATE:9/8/2020 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Oliver Chi, City Manager PREPARED BY:Oliver Chi, City Manager Subject: City Council consideration and adoption of a position on Assembly Bill 2287 (Eggman and Ting) Statement of Issue: Shortly after the Intergovernmental Relations Committee (IRC) held their August 19, 2020 meeting to review and take positions on pending legislation, Newlight Technologies, a Huntington Beach based business, made the City was made aware of their concerns with Assembly Bill (AB) 2287. As a result of that notification, this bill is being presented to City Council for a position, separately from the legislation that the IRC took positions on during their August 19 meeting. Financial Impact: There is no fiscal impact from taking a position on this pending legislation. Recommended Action: Adopt an Oppose position on AB 2287 (Eggman and Ting), unless the bill is amended to reinstate the “marine degradable” provision and standard to assess the marine degradability of plastic products. Alternative Action(s): Do not adopt a position on AB 2287 and direct staff accordingly. Analysis: AB 2287 (Eggman and Ting) - Solid waste: plastic products: certification Existing law prohibits the sale of plastic products that are labeled as “biodegradable,” “degradable,” or “decomposable” and prohibits implying that a plastic product will break down, fragment, biodegrade, or decompose in a landfill or other environment - unless the plastic product meets one of several specified standards to support the environmental marketing claims. This bill would authorize a State agency to issue guidelines and adopt standards to determine whether a plastic product is compliant with these labeling requirements and to ensure the labeling is clearly distinguishable by consumers and solid waste processing facilities. However, the bill was recently amended to repeal the provision that conditionally prohibits the sale of a plastic product that is labeled “marine degradable.” The amendment also does not establish a standard by which marine degradability is measured. Environmental Status:Not applicable. City of Huntington Beach Printed on 9/2/2020Page 1 of 2 powered by Legistar™367 File #:20-1857 MEETING DATE:9/8/2020 Strategic Plan Goal:Non-Applicable - Administrative Item Attachment(s): 1.AB 2287 (Eggman and Ting) City of Huntington Beach Printed on 9/2/2020Page 2 of 2 powered by Legistar™368 9/2/2020 Today's Law As Amended leginfo.legislature.ca.gov/faces/billCompareClient.xhtml?bill_id=201920200AB2287&showamends=false#1/6 As Amends the Law Today AB-2287 Solid waste.(2019-2020) SECTION 1. Section 42005.5 of the Public Resources Code is amended to read: 42005.5. (a) The department shall, by July 1, 2020, convene a Statewide Commission on Recycling Markets and Curbside Recycling consisting of representatives of public agencies, private solid waste enterprises, and environmental organizations with expertise in recycling. (b) (1) The commission shall, by January July 1, 2021, do both of the following: (A) Issue policy recommendations to achieve the market development goals established in subdivision (b) of Section 42005 and the state policy goals established in Section 41780.01 of this code and Section 39730.6 of the Health and Safety Code. (B) Identify products that are recyclable or compostable, as defined pursuant to Section 42370.2, and regularly collected in curbside recycling programs. (2) The commission shall update the recommendations and identifications made pursuant to paragraph (1) regularly, but not less often than annually. (3) The commission shall provide an opportunity for the public to review and provide comment before finalizing a policy recommendation or identifying a product pursuant to paragraph (1). (4) The commission shall issue preliminary recommendations on or before January 1, 2021. (5) The commission may share the recommendations and identifications made pursuant to paragraph (1) with the Legislature or any state or federal agency. (c) The commission shall provide regular feedback to the department on public messaging designed to encourage proper recycling and to minimize contamination in curbside recycling programs. SEC. 2. Section 42356 of the Public Resources Code is amended to read: 42356. For purposes of this chapter, the following definitions apply: (a) “ASTM” means the ASTM International. (b) (1) “ASTM standard specification” means one either of the following: (A) The ASTM Standard Specification for Compostable Plastics Labeling of Plastics Designed to be Aerobically Composted in Municipal or Industrial Facilities D6400, as published in September 2004, 2019, except as provided in subdivision (c) of Section 42356.1. (B) The ASTM Standard Specification for Non-Floating Biodegradable Plastics in the Marine Environment D7081, as published in August 2005, except as provided in subdivision (c) of Section 42356.1. (C) (B) The ASTM Standard Specification for Biodegradable Plastics Used as Coatings on Labeling of End Items that Incorporate Plastics and Polymers as Coatings or Additives with Paper and Other Compostable Substrates Substrates Designed to be Aerobically Composted in Municipal or Industrial Facilities D6868, as published in August 2003, 2019, except as specified in subdivision (c) of Section 42356.1. Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites 369 9/2/2020 Today's Law As Amended leginfo.legislature.ca.gov/faces/billCompareClient.xhtml?bill_id=201920200AB2287&showamends=false#2/6 (2) “ASTM standard specification” does not include an ASTM Standard Guide, a Standard Practice, or a Standard Test Method. (c) “Department” means the Department of Resources Recycling and Recovery. (d) “Director” means the Director of Resources Recycling and Recovery. (d) (e) “Manufacturer” means a person, firm, association, partnership, or corporation that produces a plastic product. (e) (f) “OK home compost” means compost HOME certification” means certification of conformity with the existing Vincotte TUV Austria certification “OK Compost compost HOME certification” which, as of January 1, 2011, uses European Norm 13432 standard adapted to low-temperature composting in accordance with the Vincotte TUV Austria program “OK 2-Home Compostability of Products.” (f) (g) “Plastic product” means a product made of plastic, whether alone or in combination with other material, including, but not limited to, paperboard. A plastic product includes, but is not limited to, any of the following: (1) (A) A consumer product. (B) For purposes of this paragraph, “consumer product” means a product or part of a product that is used, bought, or leased for use by a person for any purpose. (2) A package or a packaging component. (3) A bag, sack, wrap, or other thin plastic sheet film product. (4) A food or beverage container or a container component, including, but not limited to, a straw, lid, or utensil. (g) (h) “Supplier” means a person who does one or more of the following: (1) Sells, offers for sale, or offers for promotional purposes, purposes a plastic product that is used. (2) Takes title to a plastic product, produced either domestically or in a foreign country, that is purchased for resale or promotional purposes. (h) “Vincotte certification” means a certification of a European norm (EN) standard adopted by the Belgian- accredited inspection and certification organization Vincotte. SEC. 3. Section 42357 of the Public Resources Code is amended to read: 42357. (a) (1) Except as provided in paragraph (3), a person shall not sell a plastic product in this state that is labeled with the term “compostable,” “home compostable,” or “marine degradable”marine d “compostable” or “home compostable” unless, at the time of sale, the plastic product meets the applicable ASTM standard specification, as specified in paragraph (1) of subdivision (b) of Section 42356 or the Vincotte OK Compost 42356, or, if applicable, the plastic product has OK compost HOME certification, as provided in paragraph (4). (2) Compliance with only a section or a portion of a section of an applicable ASTM standard specification does not constitute compliance with paragraph (1). (3) Notwithstanding paragraph (1), a person may sell a plastic product in this state that is labeled with a qualified claim for a term specified in paragraph (1), if the plastic product meets the relevant standard adopted by the department pursuant to Section 42356.2. (4) (A) A plastic product shall not be labeled with the term “home compostable” unless the manufacturer of that plastic product holds a Vincotte OK Compost HOME certificate of conformity compost HOME certification with regard to that product, except as provided in subparagraph (B) or (C). (B) Notwithstanding paragraph (1), if the ASTM adopts a standard specification for the term “home compostable” on or before January 1, 2016, and the department determines that the ASTM standard specification is at least equal to, or more stringent than, the OK Compost compost HOME certification, a plastic product labeled with the term “home compostable” shall meet that ASTM standard specification. The department may also take the actions specified in Section 42356.1 with regard to an ASTM standard for home compostability. (C) If the department adopts a standard pursuant to Section 42356.2, a plastic product labeled with the term “home compostable” shall meet that standard and not the standard specified in subparagraph (A) or (B).370 9/2/2020 Today's Law As Amended leginfo.legislature.ca.gov/faces/billCompareClient.xhtml?bill_id=201920200AB2287&showamends=false#3/6 (b) Except as provided in subdivision (a), (a) or (f), a person shall not sell a plastic product in this state that is labeled with the term “biodegradable,” “degradable,” or “decomposable,” or any form of those terms, or in any way imply that the plastic product will break down, fragment, biodegrade, or decompose in a landfill or other environment. (c) The director may issue guidelines, consistent with this chapter, for determining whether a plastic product is not compliant with the labeling requirements of this section, and whether a plastic product is designed, pigmented, or advertised in a manner that is misleading to consumers. (c) (d) A manufacturer or supplier, upon the request of a member of the public, shall submit to that member, within 90 days of the request, information and documentation demonstrating compliance with this chapter, in a format that is easy to understand and scientifically accurate. (d) (e) A product that is in compliance with this chapter shall not, solely as a result of that compliance, be deemed to be in compliance with any other applicable marketing requirement or guideline established under state law or by the Federal Trade Commission. (f) (1) The department may adopt the European Committee for Standardization’s standard specification EN 17033:2018 entitled “Plastics—Biodegradable mulch films for use in agriculture and horticulture—Requirements and test methods” or may adopt a standard that is equivalent to, or more stringent than, that standard, as it read on January 1, 2020. (2) A person may sell commercial agricultural mulch film labeled with the term “soil biodegradable” only if the department has adopted the standard specification, or an equivalent or more stringent standard, pursuant to paragraph (1) and the commercial agricultural mulch film is certified to meet both that specification and the ASTM standard specification for compostability. (3) For purposes of this subdivision, “commercial agricultural mulch film” means film plastic that is used only as a technical tool in commercial farming applications. SEC. 4. Section 42649.1 of the Public Resources Code is amended to read: 42649.1. For purposes of this chapter, the following definitions apply: (a) “Business” means a commercial or public entity, including, but not limited to, a firm, partnership, proprietorship, joint stock company, corporation, or association that is organized as a for-profit or nonprofit entity, or a multifamily residential dwelling. (b) “Commercial solid waste” includes all types of solid waste generated by a store, office, or other commercial or public entity source, including a business or a multifamily dwelling of five or more units. (c) “Commercial waste generator” means a business subject to subdivision (a) of Section 42649.2. (d) “Full-service restaurant” means an establishment with the primary business purpose of serving food, where food may be consumed on the premises, and an employee of the establishment takes all of the following actions: (1) The consumer is escorted or assigned to an assigned eating area. The employee may choose the assigned eating area or may seat the consumer according to the consumer’s need for accommodation or other request. (2) The consumer’s food and beverage orders are taken after the consumer has been seated at the assigned seating area. (3) The food and beverage orders are delivered directly to the consumer. (4) Any requested items associated with the consumer’s food or beverage order are brought to the consumer. (5) The check is delivered directly to the consumer at the assigned eating area. (e) “Park” means a theme park, amusement park, water park, resort or entertainment complex, zoo, attraction, or similar facility. (e) (f) “Self-hauler” means a business that hauls its own waste rather than contracting for that service. SEC. 5. Section 42649.2 of the Public Resources Code is amended to read: 371 9/2/2020 Today's Law As Amended leginfo.legislature.ca.gov/faces/billCompareClient.xhtml?bill_id=201920200AB2287&showamends=false#4/6 42649.2. (a) On and after July 1, 2012, a business that generates four cubic yards or more of commercial solid waste per week or is a multifamily residential dwelling of five units or more shall arrange for recycling services, consistent with state or local laws or requirements, including a local ordinance or agreement, applicable to the collection, handling, or recycling of solid waste, to the extent that these services are offered and reasonably available from a local service provider. (b) A commercial waste generator shall take at least one of the following actions: (1) Source separate recyclable materials from solid waste and subscribe to a basic level of recycling service that includes collection, self-hauling, or other arrangements for the pickup of the recyclable materials. (2) Subscribe to a recycling service that may include mixed waste processing that yields diversion results comparable to source separation. (c) (1) A business subject to subdivision (a) and that provides customers access to the business shall provide, on or before July 1, 2020, customers with a commercial solid waste recycling bin or container to collect material purchased on the premises and that fulfills all of the following requirements: (A) Is adjacent to each bin or container for trash other than recyclable commercial solid waste, except in restrooms. (B) Is visible and easily accessible. (C) Is clearly marked with educational signage indicating what is appropriate to place in the commercial solid waste recycling bin or container in accordance with state law and the local jurisdiction’s solid waste ordinances and practices. (2) Full-service restaurants are exempt from the requirements of this subdivision if the full-service restaurant, on or before July 1, 2020, provides its employees a commercial solid waste recycling bin or container to collect material purchased on the premises and implements a program to collect recyclable commercial solid waste. (3) The department, on or before July 1, 2020, shall develop model signage that businesses may utilize in implementing paragraph (1). (4) For a park that is subject to subdivision (a), this subdivision shall apply on and after January 1, 2022. (d) A property owner of a multifamily residential dwelling may require tenants to source separate their recyclable materials to aid in compliance with this section. SEC. 6. Section 42649.8 of the Public Resources Code is amended to read: 42649.8. For purposes of this chapter, the following definitions apply: (a) “Business” means a commercial or public entity, including, but not limited to, a firm, partnership, proprietorship, joint stock company, corporation, or association that is organized as a for-profit or nonprofit entity, or a multifamily residential dwelling. (b) “Commercial waste generator” means a business subject to subdivision (a) of Section 42649.2. (c) “Full-service restaurant” means an establishment with the primary business purpose of serving food, where food may be consumed on the premises, and an employee of the establishment takes all of the following actions: (1) The consumer is escorted or assigned to an assigned eating area. The employee may choose the assigned eating area or may seat the consumer according to the consumer’s need for accommodation or other request. (2) The consumer’s food and beverage orders are taken after the consumer has been seated at the assigned seating area. (3) The food and beverage orders are delivered directly to the consumer. (4) Any requested items associated with the consumer’s food or beverage order are brought to the consumer. (5) The check is delivered directly to the consumer at the assigned eating area. (d) “Organic waste” means food waste, green waste, landscape and pruning waste, nonhazardous wood waste, and food-soiled paper waste that is mixed in with food waste. 372 9/2/2020 Today's Law As Amended leginfo.legislature.ca.gov/faces/billCompareClient.xhtml?bill_id=201920200AB2287&showamends=false#5/6 (e) “Organic waste generator” means a business subject to subdivision (a) of Section 42649.81. (f) “Park” means a theme park, amusement park, water park, resort or entertainment complex, zoo, attraction, or similar facility. (f) (g) “Rural jurisdiction” means a jurisdiction that is located entirely within one or more rural counties, or a regional agency comprised of jurisdictions that are located within one or more rural counties. (g) (h) “Rural county” means a county that has a total population of less than 70,000 persons. (h) (i) “Self-hauler” means a business that hauls its own waste rather than contracting for that service. “Self- haul” means to act as a self-hauler. SEC. 7. Section 42649.81 of the Public Resources Code is amended to read: 42649.81. (a) (1) On and after April 1, 2016, a business that generates eight cubic yards or more of organic waste per week shall arrange for recycling services specifically for organic waste in the manner specified in subdivision (b). (2) On and after January 1, 2017, a business that generates four cubic yards or more of organic waste per week shall arrange for recycling services specifically for organic waste in the manner specified in subdivision (b). (3) On and after January 1, 2019, a business that generates four cubic yards or more of commercial solid waste, as defined in Section 42649.1, per week, shall arrange for recycling services specifically for organic waste in the manner specified in subdivision (b). (4) On or after January 1, 2020, if the department determines that statewide disposal of organic waste has not been reduced to 50 percent of the level of disposal during 2014, a business that generates two cubic yards or more per week of commercial solid waste shall arrange for the organic waste recycling services specified in paragraph (3), unless the department determines that this requirement will not result in significant additional reductions of organics disposal. (5) A business located in a rural jurisdiction that is exempted pursuant to paragraph (2) of subdivision (a) of Section 42649.82 is not subject to this chapter. (b) A business subject to subdivision (a) shall take at least one of the following actions: (1) Source separate organic waste from other waste and subscribe to a basic level of organic waste recycling service that includes collection and recycling of organic waste. (2) Recycle its organic waste onsite or self-haul its own organic waste for recycling. (3) Subscribe to an organic waste recycling service that may include mixed waste processing that specifically recycles organic waste. (4) Make other arrangements consistent with paragraph (3) of subdivision (b) of Section 42649.84. (c) A business that is a property owner may require a lessee or tenant of that property to source separate their organic waste to aid in compliance with this section. (d) (1) A business subject to subdivision (a) and that provides customers access to the business shall provide, on or before July 1, 2020, customers with an organic waste recycling bin or container to collect material purchased on the premises for immediate consumption and that fulfills all of the following requirements: (A) Is adjacent to each bin or container for trash other than recyclable organic waste, except in restrooms. (B) Is visible and easily accessible. (C) Is clearly marked with educational signage indicating what is appropriate to place in the organic waste recycling bin or container in accordance with state law and the local jurisdiction’s solid waste ordinances and practices. (2) Full-service restaurants are exempt from the requirements of this subdivision if the full-service restaurant, on or before July 1, 2020, provides its employees an organic waste recycling bin or container to collect material purchased on the premises for immediate consumption and implements a program to collect recyclable organic waste.373 9/2/2020 Today's Law As Amended leginfo.legislature.ca.gov/faces/billCompareClient.xhtml?bill_id=201920200AB2287&showamends=false#6/6 (3) The department, on or before July 1, 2020, shall develop model signage that businesses may utilize in implementing paragraph (1). (4) For a park that is subject to subdivision (a), this subdivision shall apply on and after January 1, 2022. (e) A business generating organic waste shall arrange for the recycling services required by this section in a manner that is consistent with state and local laws and requirements, including a local ordinance or local jurisdiction’s franchise agreement, applicable to the collection, handling, or recycling of solid and organic waste. (f) When arranging for gardening or landscaping services, the contract or work agreement between a business subject to this section and a gardening or landscaping service shall require that the organic waste generated by those services be managed in compliance with this chapter. (g) (1) A multifamily residential dwelling that consists of fewer than five units is not a business for purposes of this chapter. (2) A business that is a multifamily dwelling is not required to arrange for the organic waste recycling services specified in subdivision (b) for food waste that is generated by the business. (h) If separate organic waste collection and recycling services are not offered through a local ordinance or local jurisdiction’s franchise agreement, a business generating organic waste may arrange for separate organic waste collection and recycling services, until the local ordinance or local jurisdiction’s franchise agreement includes organic waste recycling services. 374 City of Huntington Beach File #:20-1820 MEETING DATE:9/8/2020 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: Adopt Ordinance No. 4218 amending Huntington Beach Municipal Code Chapters 10.50 and 10.52 relating to City Pay Parking Lots and Off-Street City Parking Lots Approved for introduction August 3, 2020 - Vote: 6-0-1 (Peterson absent) Statement of Issue: Over the past several years, additions and subtractions to the Huntington Beach Municipal Code have led to changes to the Uniform Bail Schedule, resulting in the unintentional deletions of commonly used sections. As a result, certain enforcement sections became unenforceable, citation contestment issues were identified, and regulatory signage in City parking lots became obsolete, requiring updating. Financial Impact: Minor costs associated to new signage at City Off-Street Parking Lots. If approved, we should see a positive impact in City revenue due to the addition of electric vehicle charging enforcement capabilities; however, the full impact is unknown. Recommended Action: Adopt Ordinance No. 4218, “An Ordinance of the City of Huntington Beach Amending Huntington Beach Municipal Code Chapters 10.50 and 10.52 Relating to City Pay Parking Lots and Off-Street Lots.” Alternative Action(s): Do not approve these amendments and direct staff accordingly. Analysis: The Police Department Parking/Traffic Control Unit has identified several existing Huntington Beach Municipal Code and California Vehicle Code sections that are better suited for application in enforcement conditions related to street sweeping, curb violations, and curfew off-street lots , to name a few. Similarly, there is conflict and inconsistencies within Huntington Beach Municipal Codes in relation to City of Huntington Beach Printed on 9/2/2020Page 1 of 2 powered by Legistar™375 File #:20-1820 MEETING DATE:9/8/2020 white curb and street sweeping violations. The application of the proposed existing Huntington Beach Municipal Codes and California Vehicle Codes would better address the following violations and inconsistencies that apply to growing citizen concerns: white curbs, street sweeping, bus and student loading zones, blocked disabled parking stalls, displaying two license plates, and posted curfew at all City off-street lots. Lastly, with the growing popularity of electric vehicles (EV), it is recommended the City adopt the existing California Vehicle Code (22511.1) regulating EV parking stations and stalls and adopt Huntington Beach Municipal Code (10.52.025). This will allow the Department to respond to and enforce violations occurring within properly-marked EV charging stations and parking stalls on all City off-street lots. If approved, all changes will become effective immediately with the exception of changes listed under Ordinance No. 4218, which will become effective 30 days after adoption. Environmental Status: Non-applicable. Strategic Plan Goal: Enhance and modernize public safety service delivery Attachment(s): 1. List of proposed (existing) Huntington Beach Municipal Codes 2. List of proposed California Vehicle Codes 3. Uniform bail schedule for parking violations legislative draft 4. Resolution No. 2020-53 adopting an amended uniform bail schedule for parking violations 5. Ordinance No. 4218 amending Huntington Beach Municipal Code Chapters 10.50 and 10.52 relating city pay parking lots and off-street city parking lots City of Huntington Beach Printed on 9/2/2020Page 2 of 2 powered by Legistar™376 HBMC LAWS TO ADD TO BAIL SCHEDULE 13.08.300(A) HBMC – DESIGNATED SPACE , BEACH LOT - $42 The following regulations will apply to parking in any of the City-owned and operated Beach Parking Lots: A. Parking is allowed within designated spaces only. 13.08.280(E) HBMC – PARKED ON BEACH/SERVICE ROAD - $61 E. Parking. No Person shall park any vehicle except in designated parking areas; provided, however, that the Director is authorized to permit parking in non-designated areas when, in his or her opinion, such parking will not interfere with Adjacent Beach Area operations. 13.08.300(F) HBMC – TRAILER IN BEACH LOT - $42 The following regulations will apply to parking in any of the City-owned and operated Beach Parking Lots: F. No trailers or similar vehicles will be allowed in the parking lot except by permit issued by the Director. 13.08.290(D) HBMC – PARKED ON PIER/PIER PLAZA - $61 D. Parking. No Person shall park a vehicle on the Pier or Pier Plaza, unless he or she possesses a written permit from the Director allowing him or her to do so. No Person shall leave a vehicle standing or unattended on the Pier or Pier Plaza at any time. 10.40.050(F) HBMC – TRAFFIC HAZARD - $61 No operator of any vehicle shall stop, stand, park or leave standing such vehicle in any of the following places, except when necessary to avoid conflict with other traffic or in compliance with the direction of a police officer or other authorized officer, or traffic signal: F. In any area where the parking or stopping of any vehicle would constitute a traffic hazard or would endanger life or property. 10.48.050(D) HBMC – WHITE CURB, NO PARKING - $42 D. When the Director of Public Works, as authorized under this chapter, has caused curb markings to be placed, no person shall stop, stand or park a vehicle adjacent to any such legible curb markings in violation of any of the provisions of this section. 377 10.40.050(G) HBMC - STREET SWEEPING - $46 No operator of any vehicle shall stop, stand, park or leave standing such vehicle in any of the following places, except when necessary to avoid conflict with other traffic or in compliance with the direction of a police officer or other authorized officer, or traffic signal: G. On any street or highway where the use of such street or highway or a portion thereof is necessary for the cleaning, repair or construction of the street or highway or the installation of underground utilities or where the use of the street or highway or any portion thereof is authorized for a purpose other than the normal flow of traffic or where the use of the street or highway or any portion thereof is necessary for the movement of equipment, articles or structures of unusual size, and the parking of such vehicle would prohibit or interfere with such use or movement; provided that signs giving notice of such no parking are erected or placed at least 24 hours prior to the effective time of such no parking. 10.40.050(D) HBMC - RESIDENTIAL PERMIT ZONES - $46 No operator of any vehicle shall stop, stand, park or leave standing such vehicle in any of the following places, except when necessary to avoid conflict with other traffic or in compliance with the direction of a police officer or other authorized officer, or traffic signal: D. In any area established by resolution of the Council as a no parking area, when such area is indicated by appropriate signs or by red paint upon the curb surface. 10.52.010(D) HBMC – OFF-STREET LOT – SIGNS POSTED / RED CURB - $58 The following regulations shall apply to off-street City parking lots: D. When signs or curb markings regulating parking have been determined by the Director of Community Services to be necessary and are in place giving notice thereof, no operator of any vehicle shall stop, stand, or park said vehicle in violation thereof. 10.52.020(C) HBMC – OFF-STREET LOT SIGNS POSTED - $58 C. No person shall park or stop a vehicle in any off-street City parking lot in violation of any properly posted regulation established by the Director of Community Services pursuant to this section. 10.40.230(B) HBMC – PARKING SPACE MARKINGS - $42 B. No motor vehicle shall occupy more than one such parking space unless the size of the parked vehicle obviates the use of a single space. When the use of any parking space is regulated by a meter, the meter regulating each such utilized space must be in an active and unexpired condition. 378 10.40.170(B) HBMC – EMERGENCY PARKING SIGNS - $61 A. Whenever the Director of Public Works shall determine that an emergency traffic congestion is likely to result from the holding of public or private assemblages, gatherings or functions, or for other reasons, the Director of Public Works shall have the power and authority to order temporary signs to be erected or posted indicating that the operation, parking or standing of vehicles is prohibited on such streets and alleys, as the Director of Public Works shall direct, during the time such temporary signs are in place. Such signs shall remain in place only during the existence of such emergency and the Director of Public Works shall cause such signs to be removed promptly thereafter. B. When signs authorized by the provisions of this section are in place giving notice thereof, no person shall operate, park or stand any vehicle contrary to the directions of such signs. 10.40.040(B) HBMC – NO PARKING, SIGNS POSTED / RED CURB - $61 A. The Director of Public Works is authorized to maintain, by appropriate signs or by paint upon the curb surface, all no stopping zones, no parking areas, and restricted parking areas, as defined and described in this title. B. When said curb markings or signs are in place, no operator of any vehicle shall stop, stand or park such vehicle adjacent to any such legible curb marking or sign in violation of any of the provisions of this chapter. 10.48.105(B) HBMC – STUDENT LOADING ZONE - $42 A. The Director of Public Works is authorized, subject to the provisions and limitations of this chapter, to erect signs indicating restricted parking upon that side of any street adjacent to or in front of any school property when such parking would, in his or her opinion, interfere with traffic or create a hazardous situation. B. When official signs are erected, restricted parking means no stopping, standing or parking at any time for any purpose other than loading or unloading of passengers, or for the purpose of depositing mail in an adjacent mailbox, which shall not exceed three minutes, except that when such zone is in front of a theater or church, the restrictions shall not apply when such theater or church is closed. The restricted parking applies between the hours of 7 a.m. and 4 p.m. on days that school is in session. 379 380 PROPOSED CALIFORNIA VEHICLE CODE SECTIONS TO ADD 22507.8(B) CVC – BLOCKING DISABLED PERSONS STALL - $356 22507.8. (a) It is unlawful for any person to park or leave standing any vehicle in a stall or space designated for disabled persons and disabled veterans pursuant to Section 22511.7 or 22511.8 of this code or Section 14679 of the Government Code, unless the vehicle displays either a special identification license plate issued pursuant to Section 5007 or a distinguishing placard issued pursuant to Section 22511.55 or 22511.59. (b) It is unlawful for any person to obstruct, block, or otherwise bar access to those parking stalls or spaces except as provided in subdivision (a). 40203.5 CVC – Fine amount establishment (c) (1) Notwithstanding subdivision (a) the penalty for a violation of Section 22507.8 or an ordinance or resolution adopted pursuant to Section 22511.57 shall be not less than two hundred fifty dollars ($250) and not more than one thousand dollars ($1,000). 22502(E)(1) CVC – ONE WAY STREET CURB PARKING - $55 (e) (1) Upon a one-way roadway, a vehicle may be stopped or parked as provided in subdivision (a) or with the left-hand wheels parallel to, and within 18 inches of, the left-hand curb or left-hand edge of a class IV bikeway, except that a motorcycle, if parked on the left-hand side, shall have either one wheel or one fender touching the curb or edge. If no curb, barriers, or class IV bikeway bound a one-way roadway, parallel parking on either side is required unless otherwise indicated. 22500(i) CVC – BUS ZONES – ($250 MINIMUM FINE) - $250 22500. A person shall not stop, park, or leave standing any vehicle whether attended or unattended, except when necessary to avoid conflict with other traffic or in compliance with the directions of a peace officer or official traffic control device, in any of the following places: (i) Except as provided under Section 22500.5, alongside curb space authorized for the loading and unloading of passengers of a bus engaged as a common carrier in local transportation when indicated by a sign or red paint on the curb erected or painted by local authorities pursuant to an ordinance. 42001.5. CVC – Fine amount establishment 381 (a) A person convicted of an infraction for a violation of subdivision (i) or (l) of Section 22500, or of Section 22522, shall be punished by a fine of not less than two hundred fifty dollars ($250). 22511.1(a) CVC – PARKING IN ELECTRIC VEHICLE CHARGING STALL - $100 22511.1. (a) A person shall not park or leave standing a vehicle in a stall or space designated pursuant to Section 22511 unless the vehicle is connected for electric charging purposes. 42001.6. – Fine amount establishment Every person convicted of an infraction for a violation of Section 22511.1 is punishable by a fine of one hundred dollars ($100). No part of any fine imposed shall be suspended, except the court may suspend that portion of the fine above twenty-five dollars ($25) for a violation of Section 22511.1 if the person convicted possessed at the time of the offense, but failed to display, a valid zero-emission vehicle decal identification issued pursuant to subdivision (a) of Section 5205.5. The fine may be paid in installments if the court determines that the defendant is unable to pay the entire amount in one payment. 22511.1(b) CVC – BLOCKING ACCESS TO ELECTRIC VEHICLE CHARGING STALL - $100 22511.1. (b) A person shall not obstruct, block, or otherwise bar access to parking stalls or spaces described in subdivision (a) except as provided in subdivision (a). 42001.6. – Fine amount establishment Every person convicted of an infraction for a violation of Section 22511.1 is punishable by a fine of one hundred dollars ($100). No part of any fine imposed shall be suspended, except the court may suspend that portion of the fine above twenty-five dollars ($25) for a violation of Section 22511.1 if the person convicted possessed at the time of the offense, but failed to display, a valid zero-emission vehicle decal identification issued pursuant to subdivision (a) of Section 5205.5. The fine may be paid in installments if the court determines that the defendant is unable to pay the entire amount in one payment. 5200(a) CVC – DISPLAY TWO LICENSE PLATES (FRONT AND REAR) - $31 W/ $10 SIGN-OFF 5200. (a) When two license plates are issued by the department for use upon a vehicle, they shall be attached to the vehicle for which they were issued, one in the front and the other in the rear. 382 5200(b) CVC – DISPLAY LICENSE PLATE (MOTORCYCLE, TRACTOR, TRAILERS) - $31 W/ $10 SIGN-OFF 5200. (b) When only one license plate is issued for use upon a vehicle, it shall be attached to the rear thereof, unless the license plate is issued for use upon a truck tractor, in which case the license plate shall be displayed in accordance with Section 4850.5. 383 20-8703/231944 1 CITY OF HUNTINGTON BEACH UNIFORM BAIL SCHEDULE FOR PARKING VIOLATIONS LEGISLATIVE DRAFT 10.40.030 Parking in Parkway $42 10.40.040 (b) No Parking/Red Curb/Sign Posted $61* 10.40.050 (c) No Parking/Red Curb/Sign Posted $61 10.40.050 (d) Residential Permit Zone $46* 10.40.050 (f) Traffic Hazard $61* 10.40.050 (g) Street Sweeping $46* 10.40.060 No Parking Over 72 Hours $90 10.40.080 Repairing Veh on Street $52 10.40.170 (b) Emergency Parking Signs $61* 10.40.200 (a) Diagonal Parking $42 10.40.230 (b) Parking Space Markings $42* 10.40.240 (b) No Stopping Zone $43 10.40.265 (B)(1) Disabled Placard-use of lost, stolen, revoked or expired placard $880 10.40.265 (B)(2) Disabled Placard-not used for transport of person issued placard $880 10.40.265 (B)(3) Disabled Placard-use of counterfeit, forged, altered or mutilated placard $880 10.44.010 Taxi at Green Curb $42 10.44.020 Exceeding Posted Time Limit $42 10.44.060 (a) Oversized vehicle over 22 feet- First violation $82 10.44.060 (a) Oversize vehicle over 22 feet- Second violation $164 10.44.060(a) Oversize vehicle over 22 feet- Third violation $246 10.44.060(b) RV on the street- First violation $82 10.44.060 (b) RV on the street-Second violation $164 10.44.060(b) RV on the street- Third violation $246 10.48.050 (c) White Curb $42 10.48.050 (d) White Curb - No Parking $42* 10.48.090 Yellow Curb $42 10.48.100 Passenger Loading Zone $42 10.48.105 (b) Student Loading Zone $42* 10.48.110 Alley Parking $52 10.50.020 (b) Off Street Parking- No valid permit $58 10.50.020 (d) Off Street Parking- Curfew $42 10.52.010 (a) Off Street Parking Designated Space $42 10.52.010 (b) Off Street Parking Obstruct Traffic $42 10.52.010 (c) Off Street Parking Obstruct Entrance $42 10.52.010 (d) Off Street Parking - Signs Posted / Red Curb $58* 384 20-8703/231944 2 10.52.010 (f) Off Street Parking Reserved Parking $42 10.52.020 (c ) Off Street Parking - Signs Posted (Curfew) $58* 10.52.025(b) Parking in Electric Vehicle Charging Stall $100* 10.52.025(c) Blocking Access to Electric Vehicle Stall $100* 10.64.060 Out of Space in Metered Area $42 10.68.020 Exp. Meter/Business $58 10.68.030 Exp. Meter/Residential $58 10.68.040 Exp. Meter/Recreational $58 13.08.300 (a) Designated Space - Beach Lot $42* 13.08.300 (b) No Parking 10pm-5am except by permit $42 13.08.300 (f) Trailer in Beach Lot $42* 13.08.300 (k) Reserved Parking - Beach Lot $42 13.08.280 (e ) Parked on Beach / Service Road $61* 13.08.290 (d) Parked on Pier / Pier Plaza $61* 13.48.060 Vehicles in Park $52 21113 (a) CVC Public Grounds $55 22500 (a) CVC Parked in Intersection $55 22500 (b) CVC Crosswalk $55 22500 (e) CVC Driveway $55 22500 (f) CVC Sidewalk $55 22500 (h) CVC Double Parking $55 22500 (i) CVC Bus Zone $250* 22500 (L) CVC Blocking/on Handicap Ramp $356 22500.1 CVC Fire Lane Parking $77 22502 (a) CVC Curb Parking $55 22502 (e ) CVC One-Way Street Curb Parking $55* 22505 (b) CVC No Parking/Signs Posted/State Highway $55 22507.8 (a) CVC Handicapped Parking $356 22507.8 (b) CVC Blocking Disabled Persons Stall $356* 22507.8 (c)(2) CVC Handicap Hashmarks $356 22511.1 (a) CVC Parking in Electric Vehicle Charging Stall $100* 22511.1 (b) CVC Blocking Access to Electric Vehicle Stall $100* 22514 CVC Fire Hydrant $55 4000 (a)(1) Expired Registration $82 5200 (a) CVC Display Two License Plates when Issued $31* 5200 (b) CVC Display License Plate (motorcycles, trailers, etc.) $31* 5204 (a) No Current Tab $31 ENFORCEMENT DESIGNATION / WORDING CHANGE ON BAIL SCHEDULE EXISTING HBMC WITH PROPOSED BAIL AMOUNT EXISTING CVC WITH PROPOSED BAIL AMOUNT 385 20-8703/231944 3 NEW HBMC WITH PROPOSED BAIL AMOUNT LAWS TO REMOVE FROM BAIL SCHEDULE 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 Resolution2020-53 Additions and subtractions to HBMC has led to several evolutions of the Bail Schedule. The outcome was the deletion of some regularly used sections, citation contestment issues, regulatory sign changes, etc. Identified the need to have other pre-existing sections added so enforcement could be done. *Effective Immediately 406 Resolution2020-53 Fines range between $42 to $356 with an avg. of $60 Sections include: Beach:Designated Space, Service Road, Pier, Trailer/Detached Vehicle at Beach City Streets/On-Street Parking: Street Sweeping, White Curb, Residential Parking Permit-No Parking Zone, Exceeding Marked Space, Parked in Two Metered Spaces, No Parking Due to Public/Private Assembly (emergency), Red Curb, School Loading/Unloading Zone, Bus Loading Zone, One-way Street Existing Huntington Beach Municipal Codes to be added to Bail Schedule 407 Resolution2020-53 City Streets (Continued): Creating Traffic Hazard, Obstruct/Block Handicap Parking Stall, Parking in EV Marked Stall Without Charging or Blocking Stall, and License Plates Required. Off-Street Parking: Violate No Parking Signs Posted by Director of Community Services, Handicap Parking Stall, and Parking in EV Marked Stall Without Charging or Blocking Stall Existing California Vehicle Codes to be added to Bail Schedule 408 OrdinanceNO.4218 Section1&2 PAID Parking Lots (6th St, Sports Complex, Dog Beach, Warner, etc.) Amended HBMC 10.50.020 (D) to allow for the enforcement of vehicle curfew violations in PAID parking lots – Fine $42 NON-PAID Parking Lots (City Parks, Sunset Beach, Library, City Hall, etc.) Added HBMC 10.52.020 (D) to allow for the enforcement of vehicle curfew violations in NON-PAID parking lots- Fine $58 Amended/Added language to Ch. 10 of HBMC to address parking lot curfew violations in PAIDLots and NON-PAIDLots 409 OrdinanceNO.4218 Section3 City Owned Parking Lots (Currently City Hall, 6th St., Duke’s, any future locations) HBMC 10.52.025 (B) – Illegal to park in EV designated charging stall without being connected for purposes of charging. HBMC 10.52.025 (C) – Illegal to obstruct, block, or otherwise bar access to electric charging station. Establishes $100 fine **Effective 30 days after adoption Added section 10.52.025 HBMC -Electric Charging Stall and Spaces allowing for the enforcement of EV charging station/stall violations 410 Resolution2020-53 Items18&19 Public Roadways (None currently but they could come in the future) CVC 22511.1 (a) – Illegal to park in EV designated charging stall without being connected for purposes of charging. CVC 22511.1 (b)– Illegal to obstruct, block, or otherwise bar access to electric charging station. Establishes $100 fine **Effective immediately Adopted CA Vehicle Code sections 22511.1(a) & (b) -Electric Vehicle Parking allowing for the enforcement of EV charging station/stall violations 411 Resolution2020-53 Items1-8 1. Designated Space Beach Parking 13.08.300(a) 2. Parking on Beach Service Road 13.08.280(e) 3. Trailer or Detached Vehicle Beach Lot 13.08.300(f) 4. Parking on Pier 13.08.290(d) 5. Creating traffic hazard or endanger life 10.40.050(f) 6. White curbs 10.48.050(d) 7. Street Sweeping 10.40.050(g) 8. No parking zone (residential permit area) 10.40.050(d)* *Enforcement designation Existing Huntington Beach Municipal Codes to be added to Bail Schedule 412 Resolution2020-53 Items9-14 9. No parking signs by Director of Community Services 10.52.020(c) 10.Exceeding marked parking space on street 10.40.230(b) 11. Exceeding marked space with parking meter-must be active and unexpired 10.40.230(b) 12. No parking due to public/private assembly (emergency) 10.40.170(B) 13. No parking signs posted/red curb 10.40.040(b) 14. No parking for loading or unloading of school 10.48.105(b) Existing Huntington Beach Municipal Codes to be added to Bail Schedule 413 Resolution2020-53 Items15-21 15. Parking in designated bus loading zone 22500(i) 16. Parking/Stopping in one-way roadway 22502(e) 17. Obstruct/Block Handicap parking stall 22507.8(b) 18. Parking in EV marked stall without charging 22511.1(a) 19. Obstruct/Block EV stall 22511.1(b) 20. Failing to attach both license plates 5200(a) 21. Failing to attach one license plate 5200(b) Existing California Vehicle Codes to be added to Bail Schedule 414 City of Huntington Beach File #:20-1784 MEETING DATE:9/8/2020 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 for introduction Ordinance No. 4211 approving Zoning Map Amendment No. 20-001 to rezone property located at 311 17th Street (Nguyen Properties) Statement of Issue: Transmitted for the City Council’s consideration is a Zoning Map Amendment (ZMA) to amend the zoning designation from Commercial General (CG) to Residential Medium High Density - Small Lot Subdistrict (RMH-A) to match the current General Plan land use designation of RMH.On July 14, 2020, the Planning Commission held a public hearing and recommended approval of ZMA No. 20- 001 to the City Council. Financial Impact: No fiscal impact. Recommended Action: Approve Zoning Map Amendment No. 20-001 with findings (Attachment 1) and introduce Ordinance No. 4211, “An Ordinance of the City of Huntington Beach Amending District Map 10 (Sectional Map 10-6-11) of the Huntington Beach Zoning and Subdivision Ordinance to Rezone the Real Properties Located at 311 17 th Street (APN # 023-156-13 and APN # 023-156-14) from Commercial General (CG) to Residential Medium High Density - Subdistrict (RMH-A) (Zoning Map Amendment No. 20- 001)” (Attachment 2). Alternative Action(s): The City Council may take the following alternative motion(s): 1. Deny Zoning Map Amendment No. 20-001; or 2. Continue Zoning Map Amendment No. 20-001 and direct staff accordingly. Analysis: A.PROJECT PROPOSAL: City of Huntington Beach Printed on 9/2/2020Page 1 of 4 powered by Legistar™415 File #:20-1784 MEETING DATE:9/8/2020 Applicant: John Nguyen, 10455 Circulo de Zapata, Fountain Valley, CA 92706 Property Owner: Toan Bao Nguyen, 14221 Euclid Street, Suite D, Garden Grove, CA 92843 Location: 311 17 th Street, 92648 (west side of 17 th Street, north of Olive Avenue) - APN # 023- 156-13 and APN # 023-156-14 Zoning Map Amendment No. 20-001 represents a request to amend the zoning designation of two parcels from the current designation of Commercial General (CG) to Residential Medium High Density - Small Lot Subdistrict (RMH-A) pursuant to Chapter 247 - Amendments of the Huntington Beach Zoning and Subdivision Ordinance. The current zoning designation on the properties is Commercial General (CG) and the General Plan land use designation is Residential Medium High Density (RMH). The request to amend the zoning designation is necessary in order to be consistent with the current General Plan Land Use designation and to facilitate residential development of the parcels. B.BACKGROUND: In 1993, the subject parcels had a residential zoning designation. The southern lot was vacant and the northern lot was occupied by a commercial building, which was non-conforming with the residential zoning designation. The former property owner requested a zone change of the site from a residential to a commercial designation in order to allow commercial development of the vacant parcel and to have the appropriate zoning for the commercial building. In September 1993, the City Council approved a request to rezone the site from a residential zone (Townlot Specific Plan Section B) to C2 (Community Business). The requested zone change was approved by the Planning Commission in July 1993. At the Planning Commission and City Council hearings, staff had recommended denial of the zone change,because the proposed zone change did not conform to the General Plan Land Use designation and it was not consistent with surrounding residential land uses. The former property owner never pursued development of the vacant parcel and the commercial building remained in place. The property has now changed ownership,and the new owner is pursuing the zoning change to return the residential designation. The current zone change request from a commercial to a residential designation would be consistent with the General Plan Land Use designation and the previous zoning designation of the site. In addition, the zone change would allow for the development of residential uses on the site, which would be compatible with the surrounding residential land uses. C.PLANNING COMMISSION MEETING AND RECOMMENDATION: On July 14, 2020, the Planning Commission held a public hearing on the proposed project. There were no speakers. The Planning Commission voted to recommend approval of the City of Huntington Beach Printed on 9/2/2020Page 2 of 4 powered by Legistar™416 File #:20-1784 MEETING DATE:9/8/2020 There were no speakers. The Planning Commission voted to recommend approval of the request to the City Council. Planning Commission Action on July 14, 2020 The motion was made by Scandura, seconded by Perkins, to recommend approval of Zoning Map Amendment No. 20-001 with findings and forward to the City Council carried by the following vote: AYES: Scandura, Ray, Grant, Garcia, Kalmick, Perkins, Mandic NOES: None ABSTAIN: None ABSENT: None MOTION PASSED D.STAFF ANALYSIS: The proposed project is consistent with the goals, policies, and objectives of the City’s General Plan,because the zoning map amendment will bring the zoning designation into consistency with the General Plan land use designation. The zoning map amendment facilitates future construction of two new single-family homes, which will continue the land use pattern of single family residential uses in the surrounding areas and assist in meeting the overall housing needs of the community. The zoning map amendment supports infill development of two single-family residences that are compatible in proportion, scale, and character with the surrounding neighborhood,because there are similar single-family units to the north, east, and west of the site. Environmental Status: The project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15183. Section 15183 applies to projects that are consistent with an adopted General Plan for which an Environmental Impact Report (EIR) was prepared and certified,and where there are no potential environmental effects peculiar to the proposed project. The project meets all criteria under Section 15183 and does not require additional environmental review. The City’s General Plan was updated and adopted and the EIR was certified on October 2, 2017. The General Plan update and EIR considered the type and intensity of development, including the assignment of the RMH land use designation for the project site parcel and the adjacent area. The project will not result in any potential environmental impacts to the site,because the project is (a) consistent with the development standards in the proposed zoning designation of RMH-A, (b) consistent with the adopted General Plan, and (c) analyzed in the certified EIR. Strategic Plan Goal: Strengthen long-term financial and economic sustainability City of Huntington Beach Printed on 9/2/2020Page 3 of 4 powered by Legistar™417 File #:20-1784 MEETING DATE:9/8/2020 Attachment(s): 1. Suggested Findings for Approval of Zoning Map Amendment No. 20-001 2. Draft City Council Ordinance No. 4211 for ZMA No. 20-001 3. Vicinity Map 4. Project Narrative Received and Dated March 3, 2020 5. Existing and Proposed Zoning Maps 6. Planning Commission Staff Report Dated July 14, 2020 City of Huntington Beach Printed on 9/2/2020Page 4 of 4 powered by Legistar™418 Attachment No. 1.1 ATTACHMENT NO. 1 FINDINGS FOR APPROVAL ZONING MAP AMENDMENT NO. 20-001 FINDINGS FOR PROJECTS EXEMPT FROM CEQA: The City Council finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15183. Section 15183 applies to projects that are consistent with an adopted General Plan for which an Environmental Impact Report (EIR) was prepared and certified and where there are no potential environment effects peculiar to the proposed project. The project meets all criteria under Section 15183 and does not require additional environmental review. The City’s General Plan was updated and adopted and the EIR was certified on October 2, 2017. The General Plan update and EIR considered the type and intensity of development, including the assignment of the RMH land use designation for the project site parcel and the adjacent area. The project will not result in any potential environmental impacts to the site because the project is consistent with the development standards in the proposed zoning designation of RMH-A and is consistent with the adopted General Plan and analyzed in the certified EIR. FINDINGS FOR APPROVAL – ZONING MAP AMENDMENT NO. 20-001: 1.Zoning Map Amendment No. 20-001 to rezone the 5,875 sq. ft. lots from Commercial General (CG) to Residential Medium High Density – Small Lot Subdistrict (RMH-A) is consistent with the goals, objectives, and land use policies of the General Plan as follows: A. Land Use Element Goal LU-1: New commercial, industrial, and residential development is coordinated to ensure the land use pattern is consistent with the overall goals and needs of the community. Policy LU-1A: Ensure that development is consistent with the land use designations presented in the Land Use Map, including density, intensity, and use standards applicable to each land use designation. Policy LU-1D: Ensure that new development projects are of compatible proportion, scale, and character to complement adjoining uses. Goal LU-4: A range of housing types is available to meet the diverse economic, physical, and social needs of future and existing residents, while neighborhood character and residences are well maintained and protected. The project site is located on two parcels on the west side of 17th Street and north of Olive Avenue. The southern lot is vacant and the northern lot has a warehouse building onsite. There is an existing office building to the south of the project site. The requested zone change for the project site, allowing for future residential development, would be compatible with the adjacent property due to the low impact office use. The office building would also act as a buffer between the residential use and the neighborhood market at the corner of Olive Avenue and 17th Street. The parcel to the south, which has a zoning 419 Attachment No. 1.2 designation of CG and a General Plan land use designation of RMH, will eventually be rezoned to be consistent with the General Plan land use designation. If this happens, the entire block have consistency between the zoning designation and the General Plan land use designation. The Zoning Map Amendment will bring the zoning designation into consistency with the General Plan land use designation. The Zoning Map Amendment facilitates future construction of two new single-family homes, which will continue the land use pattern of single family residential uses in the surrounding areas and assist in meeting the overall housing needs of the community. The zoning map amendment supports infill development of two single-family residences that are compatible in proportion, scale, and character with the surrounding neighborhood because there are similar single-family units to the north, east, and west of the site. B. Housing Element Policy 1.1 Neighborhood Character: Preserve the character, scale, and quality of established residential neighborhoods. Policy 2.1 Variety of Housing Choices: Provide site opportunities for development of housing that responds to diverse community needs in terms of housing types, cost and location, emphasizing locations near services and transit that promote walkability. Goal 3.1 Housing Diversity: Encourage the production of housing that meets all economic segments of the community, including lower, moderate, and upper income households, to maintain a balanced community. The zoning map amendment will preserve the character, scale, and quality of the existing neighborhood because it involves the construction of two single-family residences that are similar to the surrounding single-family residential units and provides a diversified mix of housing types for the different needs of the community. 2. Zoning Map Amendment No. 20-001 will change the zoning on the subject site to RMH-A which is compatible with surrounding residential area. It will not change a general land use provision, the uses authorized in, and the standards prescribed for the proposed zoning district. 3. A community need is demonstrated for the change proposed because the RMH-A designation is more compatible with the surrounding residential area than the existing CG designation. 4. Its adoption will be in conformity with public convenience, general welfare and good zoning practice because the RMH-A designation provides for the continuation of the residential character of the surrounding area and reduces the potential encroachment of incompatible land uses into an established residential area. The zoning map amendment would result in zoning and General Plan land use designations that are consistent with one another and would allow the property to be rightfully developed. 420 421 422 423 424 425 VICINITY MAP ZONING MAP AMENDMENT NO. 20-001 (NGUYEN PROPERTIES – 311 17TH STREET) 426 427 EXISTING ZONING DESIGNATION LEGEND CG Commercial General OS-PR Open Space – Parks and Recreation RMH-A Residential High Density – Subdistrict 428 PROPOSED ZONING DESIGNATION LEGEND CG Commercial General OS-PR Open Space – Parks and Recreation RMH-A Residential High Density – Subdistrict 429 City of Huntington Beach File #:20-1709 MEETING DATE:7/14/2020 PLANNING COMMISSION STAFF REPORT TO:Planning Commission FROM:Ursula Luna-Reynosa, Community Development Director BY:Tess Nguyen, Associate Planner SUBJECT: ZONING MAP AMENDMENT (ZMA) NO. 20-001 (NGUYEN PROPERTIES) REQUEST: To amend the zoning designation of two parcels, each approximately 2,937.50 sq. ft., from the current designation of Commercial General (CG) to Residential Medium High Density - Small Lot Subdistrict (RMH-A) LOCATION: 311 17 th Street, 92648 (west side of 17 th Street, north of Olive Avenue) - APN # 023-156-13 and APN # 023-156-14) APPLICANT: John Tran, 10455 Circulo de Zapata, Fountain Valley, CA 92706 PROPERTY OWNER: Toan Bao Nguyen, 14221 Euclid Street, Suite D, Garden Grove, CA 92843 BUSINESS OWNER: Not applicable STATEMENT OF ISSUE: 1. Is the Zoning Map Amendment proposed designation compatible with the surrounding area? 2. Does the project satisfy all the findings required for approving a Zoning Map Amendment? 3. Has the appropriate level of environmental analysis been determined? RECOMMENDATION: That the Planning Commission take the following actions: A) Find the proposed project exempt from the California Environmental Quality Act (CEQA) City of Huntington Beach Printed on 7/10/2020Page 1 of 5 powered by Legistar™430 File #:20-1709 MEETING DATE:7/14/2020 A) Find the proposed project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15183 - Projects that are consistent with an adopted General Plan for which an Environmental Impact Report was prepared and certified. B) Recommend approval of Zoning Map Amendment No. 20-001 with findings (Attachment No. 1) by approving draft City Council Ordinance No. ___ and forward to the City Council. ALTERNATIVE ACTION(S): A) Do not recommend approval of Zoning Map Amendment No. 20-001 if the Planning Commission cannot make all the required findings of Section 247.10 of the Zoning Code. B) Continue Zoning Map Amendment No. 20-001 and direct staff accordingly. PROJECT PROPOSAL: Zoning Map Amendment No. 20-001 is a request to amend the zoning designation of two parcels from the current designation of Commercial General (CG) to Residential Medium High Density - Small Lot Subdistrict (RMH-A) pursuant to Chapter 247 of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO). The current zoning designation on the properties is Commercial General (CG) and the General Plan land use designation is Residential Medium High Density (RMH). The request to amend the zoning designation is necessary in order to be consistent with the current General Plan designation of Residential Medium High Density (RMH) and to facilitate residential development of the parcels with consistent land use designations. The RMH-A zoning designation allows one unit per 25 feet of frontage for lots 50 feet or less in width or one unit per 1,900 sq. ft. for lots greater than 50 feet in width. Background: In 1993, the subject parcels had a residential zoning designation. The southern lot was vacant and the northern lot was occupied by a commercial building, which was non-conforming with the residential zoning designation. The former property owner requested a zone change of the site from a residential to a commercial designation in order to allow commercial development of the vacant parcel and to have the appropriate zoning for the commercial building. In September 1993, the City Council approved a request to rezone the site from a residential zone (Townlot Specific Plan Section B) to C2 (Community Business). The requested zone change was approved by the Planning Commission in July 1993. At the Planning Commission and City Council hearings, staff had recommended denial of the zone change because the proposed zone change did not conform with the General Plan Land Use designation and it was not consistent with surrounding residential land uses. The former property owner never pursued development of the vacant parcel and the commercial building remained in place. The property has now changed ownership and the new owner is pursuing the zoning change to return the residential designation. The current zone change request from a commercial to a residential designation would be consistent with the General Plan Land Use designation and the previous zoning designation of the site. In City of Huntington Beach Printed on 7/10/2020Page 2 of 5 powered by Legistar™431 File #:20-1709 MEETING DATE:7/14/2020 with the General Plan Land Use designation and the previous zoning designation of the site. In addition, the zone change would allow for the development of residential uses on the site, which would be compatible with the surrounding residential land uses. ISSUES AND ANALYSIS: Subject Property And Surrounding General Plan Designations, Zoning And Land Uses: LOCATION GENERAL PLAN ZONING LAND USE Subject Property:RMH (Residential Medium High Density) CG (Commercial General) Vacant and Warehouse North, East, and West of Subject Property: RMH (Residential Medium High Density) RMH-A (Residential Medium High Density - Small Lot Subdistrict) Single-Family Residential and Multi- Family Residential South of Subject Property: RMH (Residential Medium Density) CG (Commercial General) Commercial General Plan Conformance: The General Plan Land Use Map designation on the subject property is RMH (Residential Medium High Density). The proposed project is consistent with this designation and the goals, policies, and objectives of the City’s General Plan as follows: Land Use Element Goal LU-1: New commercial, industrial, and residential development is coordinated to ensure the land use pattern in consistent with the overall goals and needs of the community. Policy LU-1A: Ensure that development is consistent with the land use designations presented in the Land Use Map, including density, intensity, and use standards applicable to each land use designation. Policy LU-1D: Ensure that new development projects are of compatible proportion, scale, and character to complement adjoining uses. Goal LU-4: A range of housing types is available to meet the diverse economic, physical, and social needs of future and existing residents, while neighborhood character and residences are well maintained and protected. The project site is located on two parcels on the west side of 17 th Street and north of Olive Avenue. The southern lot is vacant and the northern lot has a warehouse building onsite. There is an existing office building to the south of the project site. The requested zone change for the project site, allowing for future residential development, would be compatible with the adjacent property due to the low impact office use. The office building would also act as a buffer between the residential use and the neighborhood market at the corner of Olive Avenue and 17 th Street. The parcel to the south, which has a zoning designation of CG and a General Plan land use designation of RMH, will eventually be rezoned to be consistent with the General Plan land use designation. If this happens, the entire block would have consistency between the zoning designation and the General Plan land City of Huntington Beach Printed on 7/10/2020Page 3 of 5 powered by Legistar™432 File #:20-1709 MEETING DATE:7/14/2020 the entire block would have consistency between the zoning designation and the General Plan land use designation. The Zoning Map Amendment will bring the zoning designation into consistency with the General Plan land use designation. The Zoning Map Amendment facilitates future construction of two new single- family homes, which will continue the land use pattern of single family residential uses in the surrounding areas and assist in meeting the overall housing needs of the community. The zoning map amendment supports infill development of two single-family residences that are compatible in proportion, scale, and character with the surrounding neighborhood because there are similar single- family units to the north, east, and west of the site. Housing Element Policy 1.1 Neighborhood Character: Preserve the character, scale, and quality of established residential neighborhoods. Policy 2.1 Variety of Housing Choices: Provide site opportunities for development of housing that responds to diverse community needs in terms of housing types, cost and location, emphasizing locations near services and transit that promote walkability. Goal 3.1 Housing Diversity: Encourage the production of housing that meets all economic segments of the community, including lower, moderate, and upper income households, to maintain a balanced community. The zoning map amendment will preserve the character, scale, and quality of the existing neighborhood because it allows for future construction of two single-family residences that are similar to the surrounding single-family residential units and provides a diversified mix of housing types for the different needs of the community. Zoning Compliance: The subject parcels will be required to comply with all the development standards of the RMH-A zoning district of the Huntington Beach Zoning and Subdivision Ordinance. Urban Design Guidelines Conformance: Future development proposals on the project site will be reviewed for compliance with the citywide Urban Design Guidelines. Environmental Status: The project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15183. Section 15183 applies to projects that are consistent with an adopted General Plan for which an Environmental Impact Report (EIR) was prepared and certified and where there are no potential environmental effects peculiar to the proposed project. The project meets all criteria under Section 15183 and does not require additional environmental review. The City’s General Plan was updated and adopted and the EIR was certified on October 2, 2017. The General Plan update and EIR considered the type and intensity of development, including the assignment of the RMH land use designation for the project site parcel and the adjacent area. The project will not result in any potential environmental impacts to the site because the project is consistent with the development standards in the proposed zoning designation of RMH-A and is consistent with the adopted General Plan and analyzed in the certifiedCity of Huntington Beach Printed on 7/10/2020Page 4 of 5 powered by Legistar™433 File #:20-1709 MEETING DATE:7/14/2020 designation of RMH-A and is consistent with the adopted General Plan and analyzed in the certified EIR. Coastal Status: Not applicable. Design Review Board: Not applicable. Subdivision Committee: Not applicable. Other Departments Concerns and Requirements: Not applicable. Public Notification: Legal notice was published in the Huntington Beach Wave on July 2, 2020, and notices were sent to property owners of record and occupants within a 500 ft. radius of the subject property, individuals/organizations requesting notification (Community Development Department’s Notification Matrix), applicant, and interested parties. Application Processing Dates: DATE OF COMPLETE APPLICATION:MANDATORY PROCESSING DATE(S): April 3, 2020 Not applicable for legislative application SUMMARY: Staff recommends approval of Zoning Map Amendment No. 20-001 based on the following: -The Zoning Map Amendment is consistent with the General Plan goals, objectives, and policies. -The Zoning Map Amendment will not change a general land use provision and the uses and standards for the proposed zoning district. -A community need is demonstrated for the proposed change. -The Zoning Map Amendment will be in conformity with public convenience, general welfare, and good zoning practice. ATTACHMENTS: 1. Suggested Findings of Approval for ZMA No. 20-001 2. Draft City Council Ordinance for ZMA No. 20-001 3. Vicinity Map 4. Project Narrative Received and Dated March 3, 2020 5. Existing and Proposed Zoning Maps City of Huntington Beach Printed on 7/10/2020Page 5 of 5 powered by Legistar™434 City of Huntington Beach File #:20-1834 MEETING DATE:9/8/2020 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: Public Hearing to consider adoption of Resolution No. 2020-50 approving an Annual Assessment within the Huntington Beach Downtown Business Improvement District (DTBID) for Fiscal Year 2020-2021, and authorize appropriation of funds Statement of Issue: On August 3, 2020, the City Council adopted Resolution No. 2020-49, declaring its intention to levy an annual assessment for the Huntington Beach Downtown Business Improvement District (DTBID), and authorized the City Clerk to schedule a public hearing for September 8, 2020. The City Council is now requested to conduct that public hearing and consider adopting Resolution No. 2020-50 to approve the assessment for 2020-2021. Financial Impact: The 2020-2021 Huntington Beach Downtown Business Improvement District budget outlines total projected revenues of $538,930, including member assessment fees anticipated to be $124,000, which the City will collect and pass-through Fund 710 on behalf of the DTBID. Recommended Action: A) Conduct the Public Hearing; and, B) If protests of at least 50% are not received, adopt Resolution No. 2020-50, “A Resolution of the City Council of the City of Huntington Beach Approving an Annual Assessment Within the Huntington Beach Downtown Business Improvement District for Fiscal Year 2020-2021.” Alternative Action(s): 1) Modify elements of the Annual Report, such as the proposed assessments, activities and/or improvements to be funded, district boundaries, categories of assessments, or benefit zones and amend the Resolution; or 2) Do not approve the resolution if protests of at least 50% are received. City of Huntington Beach Printed on 9/2/2020Page 1 of 5 powered by Legistar™435 File #:20-1834 MEETING DATE:9/8/2020 Analysis: In September 2004, the City Council approved Ordinance No. 3661, establishing the Huntington Beach Downtown Business Improvement District (DTBID) to fund activities benefiting all businesses within the district area. In addition, pursuant to State Law, the City Council appointed an advisory board for the DTBID. The purpose of the Advisory Board is to make recommendations to the City Council regarding the classification of member businesses, the method of levying assessments to support the DTBID, and the activities to be funded by the DTBID. The Advisory Board recommendations must be considered by the City Council each year at a public hearing,and can be approved or modified by the City Council. In February 2008, the City Council adopted Ordinance No. 3797, amending Ordinance No. 3661, to change how the District’s advisory board was selected. Following the adoption of Ordinance No. 3797, the City Council approved Resolution No. 2008-04,appointing a non-profit corporation known as the Huntington Beach Downtown Business Improvement District (the “Non-Profit Corporation”) to act as the advisory board for the District. In April 2017, the City Council recommended that the DTBID retain the services of an industry- specific consultant to review and evaluate the DTBID’s operations and structure, and provide recommendations to improve the organization and its benefits to its members. The DTBID subsequently contracted with the International Downtown Association (IDA), which produced a report with a number of recommendations, including changes to the DTBID budget, organizational structure, and employee compensation. During Fiscal Year 2018-2019, the DTBID implemented many of the IDA recommendations. For example, the position of BID Manager was changed to Executive Director, stronger financial oversight was implemented, a daytime patrolling program was launched, and marketing efforts were enhanced with updates to the hbdowntown.com website. During Fiscal Year 2019-2020, the DTBID continued to implement IDA recommendations, such as partnering with WAYMAKERS OC and the Safe HB Collective on multiple projects focused on bringing safety awareness to member businesses serving alcoholic beverages, including Responsible Beverage Service (RBS) training, security guard training, and a Citywide rideshare campaign. Notable highlights also include the successful management of various high profile events that drew thousands of visitors to downtown, including Surf City Nights, Halloweenfest, and Miracle on Main Street - Tree Lighting Ceremony. Currently, COVID-19 is having a significant impact on businesses within the DTBID. Many businesses were required to close temporarily, and many that have been allowed to reopen are experiencing significantly-reduced revenues. The DTBID is uniquely positioned to support member businesses in this unprecedented period by helping identify ways to stimulate commercial activity downtown, working in partnership with the City, Visit Huntington Beach, and the Huntington Beach Chamber of Commerce. In addition to the economic impacts to member businesses from COVID-19, many downtown events that would normally attract large crowds have been cancelled. These events are usually a major source of revenue for the DTBID. As a result, the DTBID is proposing temporary changes to its City of Huntington Beach Printed on 9/2/2020Page 2 of 5 powered by Legistar™436 File #:20-1834 MEETING DATE:9/8/2020 source of revenue for the DTBID. As a result, the DTBID is proposing temporary changes to its operations for Fiscal Year 2020-2021 to reduce expenditures. One notable change is a suspension of the daytime patrolling program, resulting in a savings of $128,000. The DTBID is not proposing any changes to the boundary map or assessment formula (Exhibit B), and the DTBID will continue to manage Downtown Maintenance operations with funds administered through the City of Huntington Beach Public Works Department. To safely attract visitors and cultivate more business activity downtown, the DTBID plans to build upon recent social media efforts and expand its in-house digital marketing program by creating an HB Downtown style guide, distributing monthly newsletters, and generating bi-monthly online blogs. They will also work closely with the City on the Main Street Outdoor Dining Program, which has already been launched. Other projects for the new fiscal year include the Families First Program for students and a reintroduction of Surf City Nights and Farmers Market. The DTBID budget for 2020-2021 is provided in its Annual Report (Exhibit A) and is summarized below: INCOME:2019-2020 2020-2021 (PROPOSED) VARIANCE City of HB Maintenance $162,000 $188,430 $26,430 BID Assessments $120,000 $124,000 $4,000 Surf City Nights $315,000 $152,500 ($162,500) Surf City Days $15,000 $0 ($15,000) Chili at the Beach $30,000 $25,000 ($5,000) Families First Program $0 $11,000 $11,000 Main St. Outdoor Program $0 $3,000 $3,000 Destination Downtown $0 $0 $0 Halloween $0 $0 $0 Miracle on Main $0 $5,000 $5,000 Transfer from Reserves $66,000 $30,000 ($36,000) TOTAL INCOME:$708,000 $538,930 ($169,070) EXPENSES: MALCO Maintenance $150,000 $176,430 $26,430 Marketing/Advertising $17,000 $16,500 ($500) Sponsorships/Donations $0 $0 $0 Ambassador $48,000 $36,000 ($12,000) Office Expenses $3,000 $3,000 $0 Bank Charges $600 $1,200 $600 Dues & Subscriptions $3,000 $3,000 $0 Insurance $7,400 $1,900 ($5,500) Accounting $7,000 $6,950 ($50) License & Fees $2,000 $2,000 $0 Repairs & Maintenance $500 $500 $0 Rent & Storage $14,000 $14,900 $900 Telephone/Internet $2,000 $2,200 $200 Meeting/Training $2,000 $1,650 ($350) PAYROLL: BID Director $102,000 $100,000 ($2,000) Events Coordinator/Mngr.$62,000 $48,000 ($14,000) Admin. Asst.$20,000 $15,600 ($4,400) Payroll Taxes $7,000 $2,000 ($5,000) Workers Comp.$1,000 $1,250 $250 Payroll Expenses $1,500 $1,700 $200 Security $128,000 $0 ($128,000) BID EVENTS: SCN Rental & Set-up $30,000 $22,500 ($7,500) SCN Street Cleaning $3,000 $2,400 ($600) SCN Closure $5,000 $3,700 ($1,300) SCN Parking $9,000 $6,900 ($2,100) SCN Miscellaneous $18,000 $4,500 ($13,500) SCN Quickbooks $0 $9,000 $9,000 Chili at the Beach $15,000 $15,000 $0 Surf City Days $7,500 $0 ($7,500) Air Show $0 $0 $0 Halloween $7,500 $5,150 ($2,350) Miracle on Main $10,000 $10,000 $0 Holiday Beautification $25,000 $25,000 $0 TOTAL EXPENSES:$708,000 $538,930 ($169,070) City of Huntington Beach Printed on 9/2/2020Page 3 of 5 powered by Legistar™437 File #:20-1834 MEETING DATE:9/8/2020 INCOME:2019-2020 2020-2021(PROPOSED)VARIANCECity of HB Maintenance $162,000 $188,430 $26,430BID Assessments $120,000 $124,000 $4,000Surf City Nights $315,000 $152,500 ($162,500)Surf City Days $15,000 $0 ($15,000)Chili at the Beach $30,000 $25,000 ($5,000)Families First Program $0 $11,000 $11,000Main St. Outdoor Program $0 $3,000 $3,000Destination Downtown $0 $0 $0Halloween$0 $0 $0Miracle on Main $0 $5,000 $5,000Transfer from Reserves $66,000 $30,000 ($36,000)TOTAL INCOME:$708,000 $538,930 ($169,070)EXPENSES:MALCO Maintenance $150,000 $176,430 $26,430Marketing/Advertising $17,000 $16,500 ($500)Sponsorships/Donations $0 $0 $0Ambassador$48,000 $36,000 ($12,000)Office Expenses $3,000 $3,000 $0Bank Charges $600 $1,200 $600Dues & Subscriptions $3,000 $3,000 $0 Insurance $7,400 $1,900 ($5,500) Accounting $7,000 $6,950 ($50) License & Fees $2,000 $2,000 $0 Repairs & Maintenance $500 $500 $0 Rent & Storage $14,000 $14,900 $900 Telephone/Internet $2,000 $2,200 $200 Meeting/Training $2,000 $1,650 ($350) PAYROLL: BID Director $102,000 $100,000 ($2,000) Events Coordinator/Mngr.$62,000 $48,000 ($14,000) Admin. Asst.$20,000 $15,600 ($4,400) Payroll Taxes $7,000 $2,000 ($5,000) Workers Comp.$1,000 $1,250 $250 Payroll Expenses $1,500 $1,700 $200 Security $128,000 $0 ($128,000) BID EVENTS: SCN Rental & Set-up $30,000 $22,500 ($7,500) SCN Street Cleaning $3,000 $2,400 ($600) SCN Closure $5,000 $3,700 ($1,300) SCN Parking $9,000 $6,900 ($2,100) SCN Miscellaneous $18,000 $4,500 ($13,500) SCN Quickbooks $0 $9,000 $9,000 Chili at the Beach $15,000 $15,000 $0 Surf City Days $7,500 $0 ($7,500) Air Show $0 $0 $0 Halloween $7,500 $5,150 ($2,350) Miracle on Main $10,000 $10,000 $0 Holiday Beautification $25,000 $25,000 $0 TOTAL EXPENSES:$708,000 $538,930 ($169,070) As of August 31, 2020, the DTBID has reserved funds in the amount of $130,712.12. The proposed budget includes the use of $30,000 from this balance to offset projected revenue reductions due to COVID-19. Per State law, business owners within the DTBID may submit a written protest of the proposed assessment being considered by the City Council. Any protests received will be weighted by the assessment to be paid by those businesses. If businesses representing a majority of the assessments do not want the DTBID to continue (weighted by the total value of the assessments, not by the number of protests received), the City Council cannot levy the assessment for one year. If there is not a weighted majority against the assessment, the DTBID will continue. Environmental Status: Pursuant to CEQA Guidelines Section 15378(b)(4), government fiscal activities that do not result in a physical change in the environment and do not commit the lead agency to any specific project, do not constitute a project. Therefore, these activities are exempt in accordance with CEQA Guidelines Section 15060(c)(3). City of Huntington Beach Printed on 9/2/2020Page 4 of 5 powered by Legistar™438 File #:20-1834 MEETING DATE:9/8/2020 Strategic Plan Goal: Strengthen long-term financial and economic sustainability Attachment(s): 1. Resolution No. 2020-50, “A Resolution of the City Council of Huntington Beach Approving an Annual Assessment within the Huntington Beach Downtown Business Improvement District for Fiscal Year 2020-2021” 2. Exhibit A - Huntington Beach Downtown Business Improvement District 2019-2020 Annual Report 3. Exhibit B - Boundary Map, List of Businesses to be assessed for FY 2020-2021, and Assessment Schedule for 2020-2021 4. Exhibit C - Types of improvements and activities proposed to be funded City of Huntington Beach Printed on 9/2/2020Page 5 of 5 powered by Legistar™439 440 441 1 HUNTINGTON BEACH DOWNTOWN BUSINESS IMPROVEMENT DISTRICT ANNUAL REPORT OCTOBER 1, 2019 - SEPTEMBER 30, 2020 Since its beginning in 2004, the Huntington Beach Downtown Business Improvement District has played an integral role in the continued economic growth and vitality of downtown, with a significant focus on beautification, safety, and promotional events. Our fiscal year is October 01 – September 30. It is a fiscal year with two stories: before the COVID-19 Pandemic and after. When the statewide Stay-At-Home Order was issued on March 19, 2020, our members either closed temporarily or drastically altered their business models. Businesses operating out of office spaces required their employees to work virtually from home. Some restaurants served customers through Take-Out and Delivery services. Retail shops focused on promotions through online sales. Some of our businesses were forced to close and wait for the order to be lifted. Then, at the end of May, as restrictions were slowly being lifted, civic unrest that spread throughout the nation also came to Huntington Beach, delaying recovery just a little longer. By early July, COVID-19 cases were on the rise, and the Governor re-issued closures of specific businesses. The HBDBID continues to work closely with downtown merchants and the City to support any temporary changes that will help stimulate our economy and promote services as they are available. We are also working hard behind the scenes to welcome Surf City Nights back to Main Street, following all important health-safety guidelines. We are excited to be back in business as soon as possible, working within restrictions required for social distancing, and the safety and security of our community. The HBDBID Board of Directors continue to work behind the scenes with a focus on maintaining cleanliness and public safety while building a vision for the future. 442 2 2019 - 2020 HBDBID BOARD OF DIRECTORS EXECUTIVE BOARD: President: DAVE SHENKMAN Vice President: BRETT BARNES Secretary: KELLY MILLER Treasurer: MIKE WILLIAMS DIRECTORS: MIKE ALI TONY DURAN KATE LEIGH DANNY OTHMAN STUART GOLDBERG STAFF: JOHN GILBERT SARAH KRUER JAIME STRONG JESSICA LABRENZ The Kite Connection Duke’s Huntington Beach Visit Huntington Beach The Longboard Restaurant & Pub Zack’s Pier Plaza EV Rideables A Street Partners: 5th & PCH 602 Café INNOCEAN HBDBID Executive Director (through June 2020) HBDBID Executive Director (beginning June 2020) Events and Social Media Manager Administrative Assistant VISION To be a sustainable catalyst for a thriving and livable downtown, nationally recognized for its diverse local businesses and authentic, unique culture. Known for being welcoming, accessible, clean, safe, fun and environmentally conscious. MISSION To be the advocate for our coastal downtown community creating economic vitality and THE premier entertainment destination. VALUES Communication Representative Integrity Strategic Results Passion (Education and Service) (The advocate voice for all in our community) (Transparency, Honesty, and Respect) (Sustainable, ROI Focused, and Efficient) (Positivity and Unified in Cause) In December 2020, the HBDBID Board of Directors participated in a Strategic Planning Session and identified the following Vision, Mission, Values and Priorities Statements. 443 3 Passion ABOUT The HBDBID is a private non-profit 501c6 business-based organization, which is an all- inclusive collaborative advocate for the entire growing downtown region. We provide clearly defined value and benefits to our community and stakeholders. Provide Capital Services to Benefit Downtown conjunction with the City o Security o Cleanliness Provide Capital Resources to Benefit Downtown in partnership with the City o Signage o Beautification Annual Calendar of Events which draw Patrons Downtown o Surf City Nights o Surf City Days & He’e Nalu Aloha Pier Festival o Chili at the Beach Sponsor Civic Events Promoting Downtown o Halloween o Miracle on Main Street STRATEGIC OBJECTIVES (12-18 MONTHS) •Financially Sustainable (Governances & Finance Committee SMART Plan) o Revenue Generation utilizing a Special Events Committee (Special Events Committee SMART Plan) o Recommend BID Zone changes o Review and recommend annual assessment fees o Revenue Generation using Governance / Finance Committee •Improved Communication (Marketing & Communication SMART Plan) o Interactive Website o Accurate and Complete Database o Marketing Materials Schedule o Create a Marketing Task Force to plan and implement Communication plan •Positive Reputation Management (Reputation Management Task Force SMART Plan) o Complete a researched based customer data report o Meet with City & VHB to finalize project and methodology o Conduct focus group with key Downtown Property Owners o Work with VHB to complete Destination Stewardship Tourism Masterplan o Survey Community regarding their attitude of the Downtown Experience STRATEGIC PRIORITIES (3 – 5 YEARS) •Collaborate with the City, Visit HB, & Hotels to develop a larger encompassing district •Develop the premier Entertainment Destination •Reconstruct the Downtown Specific Plan •Prepare a Capital Improvement Plan that will bolster Economic Generation 444 4 HIGHLIGHTS 2019 - 2020 Typically, Huntington Beach Downtown enjoys a popular night life, with many restaurants open late and providing a wide selection of music and entertainment. With this, comes the added responsibility of ensuring that the late night experience is safe and welcoming for all visitors. An important focus in this conversation involves public education to reduce impaired driving related collisions in Huntington Beach. Before COVID-19, HBDBID was working closely with WAYMAKERS OC and the Safe HB Collective, making way on multiple projects. These projects included, Responsible Beverage Service (RBS) Training for all on-sale establishment staff, a Security Guard training for Huntington Beach Security Guards, a city wide Rideshare Campaign, and wrapping a Huntington Beach Police Department vehicle with "Choose Your Ride" messaging. WAYMAKERS OC spearheaded the effort in cooperation with partners including the HBDBID, HB Police, Every 15 Minutes, Mothers Against Drunk Driving (MADD) and the Alcoholic Beverage Control (ABC). One of the critical elements of this campaign included public messaging on billboards and bus stops through LA and OC. This billboard example on PCH expected to have 183,391 impressions between March 16 – June 28. 445 5 Moving forward, as establishments start to open up, the HBDBID will continue to partner with WAYMAKERS OC on efforts for continued RBS Training and promoting Rideshare. The HBPD vehicle with "Choose Your Ride" messaging has recently been finished and we are excited for it to be able to be seen by the public. The HBDBID looks forward to working with the Safe HB Collective and the downtown establishments to continually improve the nightlife experience by creating a safe and enjoyable environment. HIGHLIGHTS 2019 - 2020 Noteworthy to the economic health of Huntington Beach, two considerable projects have been underway in downtown. Currently under construction, is an expansion of Pierside Pavilion on Pacific Coast Highway. This exciting four-story building provides an additional 30,000 square feet to accommodate high-end retail, a 2nd floor ocean front upscale restaurant and a rooftop terrace, plus two floors of premier office space. 401 Main Street is a brand new two-story building featuring 12,500 square feet of retail and creative office space, expecting to be ready for occupancy in June of 2020. Huntington Beach Downtown continues to welcome exciting new businesses to our popular destination including a diverse selection of dining choices such as the TZone, Surf City Ale House, Wet Dog Tavern, Teresita’s Mexican Restaurant, Charlie’s Gyros, Ding Tea, Express Donuts and Jay Birds Nashville Hot Chicken. We are also happy to welcome Surf City Skates, a wonderful addition to our active lifestyle community. 446 6 In late October 2019, we welcomed a new ownership of the retail, restaurant, and office space known as “5th & PCH.” Mobilite Management, Inc is continuing to make exterior improvements and is expected to attract new and relevant tenants to the destination. A revamping and redesign of one space on 5th & PCH proved to be the perfect place to headquarter the offices of Visit Huntington Beach. Exciting for us, A-Street Partners have been retained to continuing property management and bringing us a score of community events in the future. BID SIGNATURE EVENTS SURF CITY NIGHTS SURF CITY NIGHTS is an extraordinary example of how the HBDBID has been able to raise funds to use for business development while bringing more people to the downtown destination. After much research and consideration, the HBDBID rolled out a new layout in March, including repositioning vendors to drive more foot traffic to the side streets of Walnut and Olive, and allow for an even greater number of vendor spaces. Responding to community health and safety concerns related to COVID-19, Surf City Nights closed on March 3rd. Both our merchants and community are looking forward to Surf City Nights returning to downtown in July. This weekly Street Fair and Certified Farmers' Market is popular with both visitors and locals alike, and in 2019 was nominated for a BEST OF HB Chamber of Commerce award, showing how this event is recognized as one of the most-loved events in Huntington Beach. A core center of our community. Surf City Nights also provides booth space for city services, local non-profit groups, and an information booth to guide visitors and promote upcoming downtown events. SURF CITY NIGHTS features over 90 unique vendors, stretching up the first three blocks of Main Street. Visitors enjoy live local entertainment on every corner. Fresh produce, flowers, breads, and sweet treats abound on the street, along with a variety of handcrafted and otherwise distinctive product provides hours of safe, memorable family fun on Main Street. 447 7 HALLOWEENFEST For over two decades, Huntington Beach Downtown has been providing a safe, fun, and memorable FREE family experience on Halloween. In coordination with the management team at 5th & PCH, the HBDBID provides free attractions for hundreds of young trick-or- treaters including inflatables, bounce houses, games, and a reptile petting zoo. It is important that HalloweenFest reinforces our brand as a safe and welcoming place to be. The number of families attending grows dramatically year after year. Families love visiting with our Police, Fire, Marine Safety and the crafts provided by our Park & Recreation staff. The annual Kids & Canine Costume Contest delights visitors of all ages. Businesses engage with the community by handing out candy and coupons, if they like, to entice customers back to their stores. The HBDBID supplemented the candy supply by providing the businesses with over 73,400 pieces of candy! Without question, Huntington Beach downtown is the largest and safest community for trick-or-treaters. 448 8 This Annual Tree Lighting Ceremony has grown into a wonderful tradition for our local families. The holiday décor expenditure is a significant percent of the HBDBID budget, representing the commitment of the downtown businesses to our community. We are proud to be the place where families and friends gather to make memories and experience a sense of pride in their city. Holiday entertainment was provided by local dancers and musicians, mostly youth groups. Plus, the HBDBID invited the City’s Park & Recreation Department and the HB Youth Shelter to participate. The HBDBID arranged for Santa Claus to visit the downtown district for five consecutive weeks, giving hundreds of families and friends the chance to visit and take photos with Santa for no charge, bringing more locals to downtown during the off-season. Civic-focused events such as HALLOWEENFEST & MIRACLE ON MAIN ST. TREE LIGHTING represent two of the biggest events presented by HBDBID. These are one-hundred percent about “giving back to the community” in a way that we hope encourages substantial repeat visits to downtown from these visitors. SURF CITY DAYS & THE HE’E NALU ALOHA PIER FESTIVAL SEPTEMBER 2019 Surf City Days 2019 was HUGE! Surf City Days is a special weekend designed for locals, representing the active life-style of Huntington Beach. Events include a locals-only surfing contest, CBVA Volleyball Tournament, HSS/ Surfline Demo Days, HB Cult Old Skool Skate, and the popular Kowabunga Van Klan Vintage VW Bus Show. The 2019 weekend was extra special as we included two days of authentic South Pacific music and dancing, plus a Pier Plaza Vendor Fair. CHILI AT THE BEACH JUNE 2020 CANCELLED Due to the Governor’s Stay at Home order, the HBDBID canceled the annual Chili at the Beach event, scheduled for June 13, 2020. This event typically attracts over 1500 visitors and raises important funds for both the HBDBID and its partner, the Boys & Girls Clubs of Huntington Valley. We look forward to bringing this popular event back in June 2021. MIRAACLE ON MAIN STREET - TREE LIGHTING CEREMONY 449 9 October 2019 was a tremendous month for the businesses in downtown, hosting special events such as the Surf City Sundown, the VISSLA ISA World Junior Surf Championship and the Great Pacific Air Show. The HBDBID closed a portion of Main Street during the Air Show to accommodate locals with FREE bike valet. In February 2020, the 24th Annual Surf City Marathon attracted over 16,000 participants and their fans to Huntington Beach Downtown. MARKETING & ADVERTISING With over 6300 subscribers, the HBDBID employs Monthly Newsletters to stay connected with followers and provide downtown businesses with an opportunity to include their advertisements and promotions at no charge. In addition, we promote our downtown destination to over 10,500 FACEBOOK fans. We actively follow our business members on social media, increasing their reach by sharing on our platforms. Instagram: HBDowntownusa Instagram: HBSurfcitynights Facebook: HB Surf City Nights Facebook: HB Downtown & Surf City Nights YouTube: HBDBID ADDITIONAL HIGH PROFILE DOWNTOWN EVENTS 450 10 TOURISM is a key component to business opportunities in Huntington Beach Downtown. While the HBDBID focuses on creating a sense of community pride and possesses a deep appreciation and affection for our local shoppers and diners, we are equally in love with our visitors from out of town. Prior to the COVID-19 pandemic, the Huntington Beach destination enjoyed high hotel occupancies and visitor traffic. However, the Stay-at-Home orders across the world have significantly impacted our visitor expectation for the remainder of the fiscal year. As restrictions lift, we know there is pent-up demand for travel, especially within the STAYCATION / NEARCATION market. Huntington Beach is positioned to be a top choice destination for the drive-in market who will be looking for coastal dining, shopping, and beach activities. MAINTENANCE & BEAUTIFICATION The HBDBID and City of Huntington Beach work together through a MOU currently authorizing more than $160,000 annually for downtown cleaning and maintenance. The HBDBID manages the contract with Malco Services, enabling us to respond quickly to issues effectively and efficiently. This maintenance partnership with the City is credited for providing a cleaner, more beautiful downtown district. This attention to our cleanliness is critical to a positive experience for our visitors, and sense of pride for our residents. Day Porters maintain cleanliness in most downtown areas, except for private buildings that provide their own cleaning service. Porters are responsible for litter, trash removal, spot mopping of sidewalks, minor graffiti removal, dusting storefront sills and gum removal. Steam / Power Washing is a critical element in our maintenance program which includes steam cleaning of sidewalks throughout the downtown district, including alleys and gutters, with service increased during the busy summer months. POST COVID MARKETING: As restrictions ease, Huntington Beach is the perfect choice to enjoy the best of Southern California. The HBDBID will work closely with Visit HB, hotels, and downtown businesses to attract and welcome Staycation locals and visitors. 451 11 SAFETY Proudly, Huntington Beach continues to receive praise such as “Best Beach” (OC Register 2019) and “The Best Stops for a Road Trip on Pacific Coast Highway” (AFAR 2019) and among top 10 of the “Happiest US Cities” (WalletHub 2019). With this, a sense of safety and security remains a most critical focus for the downtown destination. By working closely with law enforcement in their efforts to monitor and manage homelessness activity in downtown, we ensure the safety of our customers and give our businesses the opportunity to succeed. Throughout 2019-2020, the HBDBID invested over $100K annually to maintain both a daytime security program and late night Ambassador program. The daytime team acts as “eyes and ears” on the street, to respond quickly and efficiently as a need arises, and providing an overall feeling of safety to all. The evening Ambassador program is designed to assist our businesses with ensuring the safety of our late-night patrons, and mitigate any possible alcohol-related security issues. The HBDBID continues to advocate for appropriate police coverage and meets regularly to discuss ways the HBDBID can assist in improving safety. 452 12 2020 - 2021 BID ASSESSMENTS There are currently a total of 272 businesses operating in the HB Downtown Business Improvement District. 170 are located in Zone 1, and 102 are located in Zone 2. Of the 272 businesses, Retail and Restaurant businesses represent 60% of the HBDBID membership and contribute over 82% of the dues. These visitor-serving businesses are important to our total membership, representing the heartbeat of the Downtown experience. Importantly, the destination is also a desirable choice for office locations and services, providing a well- balanced mix of businesses serving both tourists and locals. 52 Retail 31% 55 Restaurants 32% 45 Service / Office 27% 17 Misc 10% BENEFIT ZONE 1 170 MEMBERS 48 Retail 47% 9 Restaurants 9% 37 Service / Office 36% 8 Misc 8% BENEFIT ZONE 2 102 MEMBERS 453 13 2020 - 2021 •On APRIL 29, 2020, City Council voted to defer payment of required business license fees and BID assessments through September 30, 2020. There are no changes from the 2018-2019 Assessment Formula Assessments are paid annually, as a requirement to receive and/or renew a business license for organizations operating within the Business Improvement District. Assessment excluded for apartments, real estate agents, non-profits, home-based businesses and temporary vendors. Business and non-profit organizations outside the area may join with the approval of the BID Board by paying the equivalent fee annually. Non-profit organizations within the BID Assessment Zone can voluntarily participate by paying $30 to the HB Downtown BID directly. HUNTINGTON BEACH DOWNTOWN BUSINESS IMPROVEMENT DISTRICT ASSESSMENT FORMULA 454 14 40% 12% 42% 6% 0% 5% 10% 15% 20% 25% 30% 35% 40% 45%% OF ASSESSMENT CONTRIBUTION 2019-2020 37% 31% 23% 9% 0% 5% 10% 15% 20% 25% 30% 35% 40% PERCENT OF BID MEMBERS BY CATEGORY 2019-2020 455 Huntington Beach Downtown Business Improvement District STATEMENT OF FINANCIAL POSITION As of July 31, 2020 Cash Basis Monday, August 3, 2020 10:55 AM GMT-07:00 1/1 TOTAL ASSETS Current Assets Bank Accounts 1020 First Bank - Main Acct 16,568.80 1030 First Bank - MM 130,712.12 1040 First Bank - Malco 15,143.16 Total Bank Accounts $162,424.08 Other Current Assets 1330 Prepaid Rent 500.00 Undeposited Funds 0.00 Total Other Current Assets $500.00 Total Current Assets $162,924.08 Fixed Assets 1640 Machinery & Equipment 11,651.68 1660 Office Equipment 538.74 1670 Computers 1,306.31 1700 Accumulated Depreciation -11,236.13 Total Fixed Assets $2,260.60 TOTAL ASSETS $165,184.68 LIABILITIES AND EQUITY Liabilities Current Liabilities Other Current Liabilities 2080 Payroll Clearing -185.08 2100 Payroll Tax Payable -853.29 Total Other Current Liabilities $ -1,038.37 Total Current Liabilities $ -1,038.37 Total Liabilities $ -1,038.37 Equity 3100 Unrestricted Net Assets 250,255.82 Retained Earnings 0.00 Net Revenue -84,032.77 Total Equity $166,223.05 TOTAL LIABILITIES AND EQUITY $165,184.68 456 16 Source: McGinty, Knudtson, & Associates, LLP | Certified Public Accountants July 06, 2020 EXPENDITURES CONTINUED ON NEXT PAGE 457 17 Huntington Beach Downtown Business Improvement District Budget vs. Actuals: Approved 19/20 FY20 P&L October 2019 – June 2020 Continued from previous page 458 BUSINESS IMPROVEMENT DISTRICT INCOME:OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP YEARLY TOTALS City of HB Maintenance $18,634.00 $11,864.00 $11,864.00 $11,040.00 $9,690.00 $17,284.00 $18,634.00 $17,284.00 $17,284.00 $18,634.00 $18,109.00 $18,109.00 $188,430.00 BID Assessments $6,000.00 $15,000.00 $9,000.00 $11,000.00 $10,000.00 $12,000.00 $10,000.00 $13,000.00 $12,000.00 $10,000.00 $8,000.00 $8,000.00 $124,000.00 Surf City Nights $12,000.00 $12,000.00 $13,500.00 $14,000.00 $14,000.00 $22,000.00 $22,000.00 $22,000.00 $21,000.00 $152,500.00 Surf City Days $0.00 Chili at the Beach $25,000.00 $25,000.00 Families Forward Program $2,500.00 $2,500.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $0.00 $0.00 $0.00 $0.00 $11,000.00 Main St. Outdoor Program $1,000.00 $1,000.00 $1,000.00 $3,000.00 Destination Downtown $0.00 Halloween $0.00 Miracle on Main $5,000.00 $5,000.00 Transfer From Reserves $2,500.00 $2,500.00 $2,500.00 $2,500.00 $2,500.00 $2,500.00 $2,500.00 $2,500.00 $2,500.00 $2,500.00 $2,500.00 $2,500.00 $30,000.00 Monthly Totals $30,634.00 $37,864.00 $25,364.00 $37,540.00 $35,190.00 $46,284.00 $46,134.00 $47,784.00 $78,784.00 $53,134.00 $50,609.00 $49,609.00 538,930.00 $23,000.00 EXPENSE:OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP YEARLY TOTALS Malco Maintenance $17,634.00 $10,864.00 $10,864.00 $10,040.00 $8,690.00 $16,284.00 $17,634.00 $16,284.00 $16,284.00 $17,634.00 $17,109.00 $17,109.00 $176,430.00 Market/Advertising $1,000.00 $1,000.00 $1,000.00 $1,500.00 $1,500.00 $1,500.00 $1,500.00 $1,500.00 $1,500.00 $1,500.00 $1,500.00 $1,500.00 $16,500.00 Ambassador $0.00 $0.00 $0.00 $4,000.00 $4,000.00 $4,000.00 $4,000.00 $4,000.00 $4,000.00 $4,000.00 $4,000.00 $4,000.00 $36,000.00 Office Expense $250.00 $250.00 $250.00 $250.00 $250.00 $250.00 $250.00 $250.00 $250.00 $250.00 $250.00 $250.00 $3,000.00 Bank Charges $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 $1,200.00 Dues & Subscriptions $250.00 $250.00 $250.00 $250.00 $250.00 $250.00 $250.00 $250.00 $250.00 $250.00 $250.00 $250.00 $3,000.00 Insurance $600.00 $1,300.00 $1,900.00 Accounting $500.00 $500.00 $500.00 $500.00 $850.00 $1,100.00 $500.00 $500.00 $500.00 $500.00 $500.00 $500.00 $6,950.00 License & Fees $150.00 $150.00 $150.00 $150.00 $150.00 $150.00 $150.00 $150.00 $200.00 $200.00 $200.00 $200.00 $2,000.00 Meeting/Training $100.00 $100.00 $100.00 $150.00 $150.00 $150.00 $150.00 $150.00 $150.00 $150.00 $150.00 $150.00 $1,650.00 Exec. Dir.$8,333.00 $8,333.00 $8,333.00 $8,333.00 $8,333.00 $8,333.00 $8,333.00 $8,333.00 $8,333.00 $8,333.00 $8,333.00 $8,337.00 $100,000.00 Events Manager $4,000.00 $4,000.00 $4,000.00 $4,000.00 $4,000.00 $4,000.00 $4,000.00 $4,000.00 $4,000.00 $4,000.00 $4,000.00 $4,000.00 $48,000.00 Admin Asst $1,300.00 $1,300.00 $1,300.00 $1,300.00 $1,300.00 $1,300.00 $1,300.00 $1,300.00 $1,300.00 $1,300.00 $1,300.00 $1,300.00 $15,600.00 Payroll Taxes $160.00 $160.00 $160.00 $160.00 $170.00 $170.00 $170.00 $170.00 $170.00 $170.00 $170.00 $170.00 $2,000.00 Workers Comp $50.00 $50.00 $50.00 $50.00 $50.00 $50.00 $700.00 $50.00 $50.00 $50.00 $50.00 $50.00 $1,250.00 Payroll Expenses $125.00 $125.00 $125.00 $125.00 $150.00 $150.00 $150.00 $150.00 $150.00 $150.00 $150.00 $150.00 $1,700.00 Security $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Repairs/Maintenance $40.00 $40.00 $40.00 $40.00 $40.00 $40.00 $40.00 $40.00 $40.00 $40.00 $50.00 $50.00 $500.00 Rent & Storage $900.00 $900.00 $900.00 $900.00 $5,000.00 $900.00 $900.00 $900.00 $900.00 $900.00 $900.00 $900.00 $14,900.00 Telephone/Internet $165.00 $185.00 $185.00 $185.00 $185.00 $185.00 $185.00 $185.00 $185.00 $185.00 $185.00 $185.00 $2,200.00 BID EVENTS SCN Rental & Set up $0.00 $0.00 $0.00 $2,500.00 $2,500.00 $2,500.00 $2,500.00 $2,500.00 $2,500.00 $2,500.00 $2,500.00 $2,500.00 $22,500.00 SCN Street Cleaning $0.00 $0.00 $0.00 $200.00 $200.00 $300.00 $300.00 $300.00 $300.00 $300.00 $300.00 $200.00 $2,400.00 SCN Street Closure $0.00 $0.00 $0.00 $400.00 $400.00 $400.00 $400.00 $400.00 $400.00 $400.00 $400.00 $500.00 $3,700.00 SCN Parking $0.00 $0.00 $0.00 $700.00 $700.00 $700.00 $800.00 $800.00 $800.00 $800.00 $800.00 $800.00 $6,900.00 SCN Miscellaneous $0.00 $0.00 $0.00 $500.00 $500.00 $500.00 $500.00 $500.00 $500.00 $500.00 $500.00 $500.00 $4,500.00 SCN Quickbooks $0.00 $0.00 $0.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $9,000.00 Chili at the Beach $15,000.00 $15,000.00 $0.00 $0.00 Air Show $0.00 $0.00 Halloween $5,150.00 $5,150.00 Miracle on Main $10,000.00 $10,000.00 Holiday Beautification $25,000.00 $25,000.00 Destination Downtown $0.00MONTHLY TOTALS $35,057.00 $68,457.00 $28,307.00 $37,933.00 $40,468.00 $44,312.00 $45,812.00 $45,112.00 $58,862.00 $45,212.00 $44,697.00 $44,701.00 $538,930.00 VARIANCE: INCOME VS EXPENSE 0.00 2020 - 2021 PROPOSED BUDGET 459 19 Looking Ahead: Key Projects for 2020-2021 Expanded In-House Digital Marketing - Dedicated Instagram and Facebook accounts for HB Downtown and Surf City Nights (for when the event returns). - Creation of HB Downtown style guide - Consistent weekly cadence of posts - Monthly newsletters - Bi-monthly blogs Main Street Outdoor Dining Program Management - Administration of extended 2nd block closure - Management of downtown design program Families First Program - Creation of family-focused programming during fall 2020 to support HB students and parents in the absence of on-campus education. - Concepts could include Surf City Study, Open Air Art, Movie Nights, History Exhibits, and Children’s Story-time. - Emphasis on open-air locations. - All concepts will follow exacting safety and distancing protocols. Expanded Farmer's Market as a Phased Re-introduction of Surf City Nights - Emphasis on adding new farmer’s and unique food purveyors to the Tuesday night event. Property Owner Communications and Forums - Regular meetings to develop a unified vision of downtown. Together, with local merchants, residents, and the City, we are situated to power through the global pandemic of 2020. The HB Downtown Business Improvement District continues to work hard behind the scenes to be a catalyst for a thriving and live-able downtown, nationally recognized for its diverse local businesses and authentic, unique culture. Known for being welcoming, accessible, clean, safe, fun, and environmentally conscious. 460 461 1 Businesses to be Assessed—Fiscal Year 2020-2021 Business Name: FIRST BANK ZIMBABWE HB GIFTS & ACCESSORIES (CT) SHOREBREAK HOTEL THE IRISHMAN BLACK BULL CHOP HOUSE BOLT TOURS NAILED IT NAIL BAR PEDEGO HB SALT HAIR LOUNGE ESTHETICS AND LASH EXTENSIONS BY HANNAH ARIA HOOKAH LOUNGE SALT LIFE LLC JACK'S SURFBOARDS C V S / PHARMACY MODERN PARKING INC SMILES CAFÉ GENTLE DENTAL HUNTINGTON BEACH MAIN STREET CLEANERS BOGGELN & COMPANY CPA COMPASS E J I DESIGNS STYLING BY STEPH COLOR ME ALLIE DASH OF SASS ANDE'S PERUVIAN ARTS & CRAFTS ANDE'S PERUVIAN ARTS & CRAFTS HOT TRENDS SUNGLASSES (CT) THE FUNNEL HOUSE NORTH SHORE POKE NO KA OI SANCHO'S TACOS KILLARNEY'S TOP HB NAILS DARE ME BIKINI SMOKERZ LAND 3 SMOKE SHOP ZEPHYR BARBERSHOP CASSANDRA CAPRI HAIR COLDSTONE CREAMERY MIN'S DYNASTY PERMANENT MAKEUP MOTIF ON MAIN SALON 7-ELEVEN STORE BEACH ISLAND 462 2 KENNETH BROW SALONS JAX BICYCLE CENTER SAIL PROPERTIES INVESTMENT BUILDERS LLC WAVELENGTHS RECOVERY LLC PERFECTED WEALTH MANAGEMENT KOKOMOS SURF SIDE INDARRA MODERN INDIAN CUISINE MAIN ST BARBERS HOT TRENDS SUNGLASSES (CT) HOT TRENDS SUNGLASSES (CT) GRATER GRILLED CHEESE CHARLIE'S GYRO ZACKS PIER PLAZA BRUXIE - GOURMET WAFFLE SANDWICHES BLK EARTH SEA SPIRTS ZACKS TOO DWIGHT'S BEACH CONCESSION SURF CITY STORE CALI CLOTHING II BEACH WAVES SKIN REHAB SURF CITY SEGWAY HUNTINGTON SURF & SPORT MAIN STREET DAY SPA BEAUTY BUNGALOWS BY PORCELAIN PRISTINE MOTORSPORTS VEGWARE PACKAGING INC PARKING CONCEPTS INC THE UPS STORE #4482 LEE ROBINSON, CPA TURN KEY HOMES SPEEDY CREDIT REPAIR INC F H A REVIEW LUNA UNITED PACIFIC SOTHEBY'S INTERNATIONAL REALTY RMA INTERNATIONAL LANDSCAPE ARCHITECTURE ZERO ZERO PIZZERIA WAHOO'S FISH TACO LONGBOARD RESTAURANT & PUB MANGIAMO GELATO NAUGLES ROCKIN FIGS SURF HEADQUARTERS MAKIN WAVES SALON SALON VEYSEL BARE BUNNY AESTHETICS 463 3 SOCK HARBOR AMERICAN VINTAGE BASKIN-ROBBINS #362100 MODEL CITIZEN SURF CITY CHIROPRACTIC MAILBOX STATION INNOCEAN WORDWIDE AMERICAS ROBERT KOURY PROPERTIES MINNOW ELEVEN ARMIJO ANTHONY (CT) CELLORION (CT) HUNTINGTON SURF INN T K BURGERS JIMBOY'S TACOS RITTER'S STEAM KETTLE COOKING CRABBY'S BOAT HOUSE 2ND FLOOR FAD CRUISERS PIZZA BAR GRILL ALOHA GRILL GALLAGHER'S PUB & GRILL RUBY'S SURF CITY DINER MAIN STREET OPTICAL & BOUTIQUE THE BLOW DOWN M E HELME HOUSE FURNISHING CO DING DR BOW AND ARROW HAIR LOUNGE LOVE LOCKS HAVAIANAS SANDALS EL DON LIQUOR RAY'S RENTALS GALITZEN PROPERTIES A&S ACCOUNTING SOLUTIONS H M R ARCHITECTS INNOCEAN WORDWIDE AMERICAS BOARD WEST AMBIT CONSULTING LLC KUBO ZIGGYS ON MAIN WELLS FARGO HOME MORTGAGE SESSIONS WEST COAST DELI DAIRY QUEEN HURRICANES BAR & GRILL FRED'S MEXICAN CAFE CUCINA ALESSA HB JACK'S BEACH CONCESSION SURF CITY EXPRESS GIFTS CENTER 464 4 ROCKY MOUNTAIN CHOCOLATE FACTORY SAKAL SURFBOARDS SALON RETRO NEIRA DESIGNS & FIX-IT MONTGOMERY JEWELERS EV RIDEABLES LLC NO MOORE FUZZ PACIFIC COAST BODY SCULPTING LLC QUIKSILVER HUNTINGTON BEACH EASY RIDER, DANK CLOTHING F45 TRAINING YORKTOWN PIERSIDE COMMISSARY LAZ PARKING CALIFORNIA LLC FLYWHEEL WEAVER & ASSOCIATES GRUPO GALLEGOS SOLENA LANDSCAPE EIDO EXPRESS DONUTS CELLORION (CT) ZIMBABWE HB GIFTS & ACCESSORIES (CT) TZONE SUSHI ON FIRE THAI WAVE HUNTINGTON BEACH BEER COMPANY SURF CITY ALE HOUSE LETS GO FISHING SURFBOARD AND BIKE RENTALS MOOD SWINGS HOSTETLER KERI SKINSATIONAL MAIN STREET WINE COMPANY PARLOUR E LEV EN HUNTINGTON BEACH BICYCLE COMPANY MAIN STREET LIQUOR HUNTINGTON SURF & SPORT COASTLINE REAL ESTATE INVESTMENTS LLC CONTINENTAL CLEANERS CDA MARKETING GROUP INC P R TALENT HEADLINER SURF CITY SKATES BEAUTY & THE BEACH STUDIO AUTOMATED CASH MANAGEMENT SYSTEMS (ACMS) SURF CITY EXPRESS 465 5 POSITIVE THOUGHT BRAND ZIMBABWE HB GIFTS & ACCESSORIES (CT) PETE'S MEXICAN FOOD ICECREAMTON SOFTY ICECREAM & HANDCRAFTED CHURROS B J'S CHICAGO PIZZERIA DUKES WATERFRONT HILTON BEACH CABANA BEEBEE NAILS NOELLE CHRISTINE BEAUTY DANIEL JAFFE DDS LUCY'S TAILORING & ALTERATIONS SURF CITY HOLISTIC MEDICINE MCA TRADING LLC HAMLIN GOODING DING TEA JAN'S I H O P MAIN STREET HAIR COMPANY SUGAR CABANA CALI SHORE STORE HAVEN OF WELLNESS EUROPA NAIL STUDIO THE TRAINING SPOT HUNTINGTON BEACH REALTY HORN HOLISTIC ACUPUNCTURE DIRTY DOG WASH RIO MEDIA INC RICHARD HARLOW & ASSOCIATES 221 N MAIN STREET BEACH PROPERTIES LLC BOBASAUR THE ICE CREAM WAY SUGAR SHACK SHARKEEZ HQ GASTROPUB KITE CONNECTION GLAM BY INK GLAM BY INK BROWS ON MAIN ELEVATE SPA SERVICES SUITE INSPIRATION SURF CITY MARKET PORCELAIN 7-ELEVEN STORE #35767B SUNWEST REALTY BRENT O NICHOLS DDS IPA 1031 GROUP LLC 466 6 TEAM DESIGN & CONSTRUCTION RIPCORD DIGITAL INC W & R STUDIOS SUBWAY BANZAI BOWLS LUIGI'S PERQ'S NIGHTCLUB & SPORTSBAR COACH'S MEDITTERANIAN GRILL SHABU ON FIRE BODHI TREE VEGETARIAN CAFÉ ORANGE COUNTY BARBERS PARLOR JOLYN CLOTHING COMPANY DIANES / BEACH FEVER FOREVER 21 RIP CURL SURF CENTER SIGNATURE PRINTING A STREET PARTNERS CORREA & ASSOCIATES J & J COASTAL LENDING HOWARD FISCHER DVM MILK AND HONEY HB 25 DEGREES ARMIJO ANTHONY (CT) 602 COFFEE HOUSE STARBUCKS COFFEE COMPANY #575 AVILA'S EL RANCHITO H B DOS TOROS SANDY'S BEACH SHACK 1 LOOK VINTAGE ALCHEMY SALON LEATHER AND LACE O C MERRILEE'S INC CALIFORNIA CLOTHING STUDIO 37 SALON CAPITAL INVESTMENT NETWORK INC PHOTO HOUSE INC T R RANCH SERVICES LLC THE NEXT LEVEL W & R STUDIOS MAILPIX INC SURFLINE CB INVESTMENTS INC WESTLAND BUSINESS SERVICES INC PACIFIC RIM TAX & ACCOUNTING ATM GLOBAL INCORPORATED 467 7 JUVE CREATIVE INC GUARANTEED RATE INC BOMBURGER BLUE CHAIR ACCOUNTING 468 2020 - 2021 •On APRIL 29, 2020, City Council voted to defer payment of required business license fees and BID assessments through September 30, 2020. There are no changes from the 2018-2019 Assessment Formula Assessments are paid annually, as a requirement to receive and/or renew a business license for organizations operating within the Business Improvement District. Assessment excluded for apartments, real estate agents, non-profits, home-based businesses and temporary vendors. Business and non-profit organizations outside the area may join with the approval of the BID Board by paying the equivalent fee annually. Non-profit organizations within the BID Assessment Zone can voluntarily participate by paying $30 to the HB Downtown BID directly. HUNTINGTON BEACH DOWNTOWN BUSINESS IMPROVEMENT DISTRICT ASSESSMENT FORMULA 469 Looking Ahead: Key Projects for 2020-2021 Expanded In-House Digital Marketing - Dedicated Instagram and Facebook accounts for HB Downtown and Surf City Nights (for when the event returns). - Creation of HB Downtown style guide - Consistent weekly cadence of posts - Monthly newsletters - Bi-monthly blogs Main Street Outdoor Dining Program Management - Administration of extended 2nd block closure - Management of downtown design program Families First Program - Creation of family-focused programming during fall 2020 to support HB students and parents in the absence of on-campus education. - Concepts could include Surf City Study, Open Air Art, Movie Nights, History Exhibits, and Children’s Story-time. - Emphasis on open-air locations. - All concepts will follow exacting safety and distancing protocols. Expanded Farmer's Market as a Phased Re-introduction of Surf City Nights - Emphasis on adding new farmer’s and unique food purveyors to the Tuesday night event. Property Owner Communications and Forums - Regular meetings to develop a unified vision of downtown. Together, with local merchants, residents, and the City, we are situated to power through the global pandemic of 2020. The HB Downtown Business Improvement District continues to work hard behind the scenes to be a catalyst for a thriving and live-able downtown, nationally recognized for its diverse local businesses and authentic, unique culture. Known for being welcoming, accessible, clean, safe, fun, and environmentally conscious. Improvements and Activities 470 City of Huntington Beach File #:20-1854 MEETING DATE:9/8/2020 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Oliver Chi, City Manager PREPARED BY:Travis K. Hopkins, Assistant City Manager Subject: Considering the Duration of the Closure of the Second and Third Block of Main Street for Restaurant / Retail Use During the COVID-19 Pandemic Statement of Issue: On July 1, 2020, Governor Newson ordered the closure of indoor operations for restaurants, personal care services, hair salons, and other select businesses, in response to an increase in coronavirus cases statewide. To help ease the impact of these restrictions on the Huntington Beach business community, the City developed a Temporary Emergency Use Permit program, whereby businesses could apply to expand their operations outdoors. Additionally, on July 6, 2020, the City Council directed the City Manager to temporarily close the 2nd block of Main Street to provide greater opportunity for downtown businesses to operate outdoors. After a successful pilot program on the 2 nd block that increased business and pedestrian activity in the area, particularly for dining establishments, the City Council further directed on August 3, 2020, that the City Manager expand the street closure program and temporarily shut down the 3rd block of Main Street. These measures were directed to be short-term in duration, and that the street would be reopen to vehicular traffic when the State permitted indoor restaurant operations to resume. Recently, the City has received competing requests regarding the closure of the 2nd block and 3rd block of Main Street. First, the Downtown Business Improvement District (BID) has asked that the City extend the closure of the 2nd block of Main Street until December 31, 2020. Additionally, we have received requests from certain retail businesses on the 3rd block of Main Street that the road be reopened to vehicular traffic. Concurrently, we have received competing requests that the 3rd block of Main Street remain closed in coordination with the decisions made on the 2nd block. Financial Impact: The fiscal impact to continuing or modifying downtown street closures and expanded outdoor operations is minimal. City staff time is required to process permit requests, conduct necessary inspections, install and maintain the safety bollards and closure barricades for the street closure, and City of Huntington Beach Printed on 9/2/2020Page 1 of 3 powered by Legistar™471 File #:20-1854 MEETING DATE:9/8/2020 patrol the area for compliance with COVID-19 related health and safety guidelines. Recommended Action: A) The City Council is being asked to choose one of the following options for the 2 nd block of Main Street: 1. Authorize the City Manager to extend the temporary closure of the 2 nd block of Main Street through at least December 31, 2020; -or- 2. Direct that the existing determination for the 2 nd block of Main Street (i.e., that the street be reopened to vehicular traffic once indoor restaurant dining is allowed) be maintained. B) The City Council is being asked to choose one of the following options for the 3 rd block of Main Street: 1) Maintain the 3 rd block closure of Main Street to vehicle traffic in coordination with the determination made on the 2nd block of Main Street; -or- 2) Reopen the 3 rd block of Main Street to vehicular traffic, while also allowing restaurants and commercial operations to continue utilizing parking spaces and / or walkways for business expansion purposes. Alternative Action(s): Do not approve the recommended actions and provide staff with alternative direction. Analysis: Following Governor Newsom’s July 1, 2020, order restricting many types of indoor business activities, including restaurant and retail operations, the City Council approved the creation of an expedited Temporary Emergency Use Permit program to help businesses across the city expand their operations outdoors to reduce the economic toll of COVID-19. Across Huntington Beach, the program has been well received with over 80 businesses having applied for a Temporary Emergency Use Permit. In the downtown area specifically, 17 businesses have expanded their operations outdoors following the closure of the 2nd and 3rd blocks of Main Street. These measures were intended to be temporary in duration and to be reevaluated, as needed, based on changing State and County business regulations. Due to the success of the 2nd block street closure, which has resulted in increased business activity (particularly for dining establishments), the BID has submitted a letter showing the support of 19 downtown businesses requesting that the street closure be extended until at least the end of the City of Huntington Beach Printed on 9/2/2020Page 2 of 3 powered by Legistar™472 File #:20-1854 MEETING DATE:9/8/2020 calendar year. Against the success of the 2nd block closure of Main Street, the 3rd block closure has been met with mixed results, as there are fewer dining establishments and more retail businesses on that section of the street. Restaurants have largely reported a positive increase in revenue, while retail store operators have shared that they have been negatively impacted since the street closure. Due to this downturn in retail, the retail business owners have requested that the City reevaluate its decision to close the street. If the City Council were to direct that the street be reopened, it would be possible to institute a modified approach on the 3rd block that would allow for the reopening of the street to vehicular traffic, while also allowing businesses the option of using the parking spaces and / or walkways in front of their operations for expanding their business functions. Environmental Status: Not applicable. Strategic Plan Goal: Strengthen long-term financial and economic sustainability Attachment(s): 1. Letter from the Huntington Beach Downtown BID Ask Letter Sept 1, 2020 2. Huntington Beach Downtown BID Poll results. City of Huntington Beach Printed on 9/2/2020Page 3 of 3 powered by Legistar™473 Huntington Beach Downtown Business Improvement District 315 3rd St., Suite E Huntington Beach, CA 92648 Sept. 1, 2020 City of Huntington Beach Attention: City Council 2000 Main St. Huntington Beach, CA 92648 Re: Huntington Beach Downtown BID Ask Letter, Downtown Outdoor Dining Program Dear Mayor Semeta and City Council Members, The mission of the Huntington Beach Downtown BID is to be the advocate voice for our coastal downtown community, creating economic vitality and the premier entertainment destination. The BID recognizes a significant opportunity to deliver on this mission by extending the outdoor dining and shopping program on the 2nd block of Main St. The BID respectfully requests your support of this ask for an extension of the temporary closure through Dec. 31, 2020. Situation Analysis: Restaurants and retailers have enjoyed significant gains on revenue and traffic since the closure of the 2nd block on July 11th. Businesses on the 2nd block received the attached email on Friday, Aug. 28th asking for their feedback on an extension of the closure. Businesses on the 1st and 3rd block were not included in the polling. Per the attached documentation, the following businesses support an extension of the temporary closure through Dec. 31, 2020. The BID has not received any responses against the extension. Businesses unaccounted for have not responded to the email or in-person follow-up. - Starbucks - Daniel Capital/ Rocky Mountain Chocolate Factory - Tzone - Coach’s Mediterranean Grill - IHOP - Wet Dog Tavern - Main Street Optical - Robert Loury Properties: 200 and 205 Main St. - Boggeln Co: No Ka Oi - Longboard Restaurant - Sharkeez - Killarneys - FHA Review - HB Beer Co. - Salt Life - The Funnel House - ZERO ZERO 39 Pizzeria (verbal) 474 Huntington Beach Downtown Business Improvement District 315 3rd St., Suite E Huntington Beach, CA 92648 In Conclusion: The vision of the HBDBID is to be a sustainable catalyst for a thriving and livable downtown, nationally recognized for its diverse local businesses and authentic, unique culture: Known for being welcoming, accessible, clean, safe, fun, and environmentally conscious. Now is the time to work together to deliver on this vision by demonstrating support for the extension of the successful downtown outdoor dining and shopping program on the 2nd block of Main St. 475 8/31/2020 Gmail -BID Poll: Support for the Extension of 2nd Block Closure through Dec. 31, 2020 � Gmail -=-8 10� e<>ll;=8.u.p,pod_for the�ExtensiolUlf. 2nd�Blocl<£1osur-e.jhrougb-Dec..-3-1::,-2020 13 messages - Sarah Kruer <hbbidexec@gmail.com> Sarah Kruer <hbbidexec@gmail.com> Fri, Aug 28, 2020 at 10:53 AM Bee: br idget@thefunnelhouse.com, pwirth@thefunnelhouse.com, hbcaliclothing@gmail.com, andrew.lint@saltlife.com, jessieturner1@hotmail.com, micheletumer54@hotmail.com, Longboard Pub <longboardpubhb@gmai!.com>, melinda@teamdesignhb.com, jeff@teamdesignhb.com, US1621506@starbucks.com, bill@hmraia.com, cesar.pena93@yahoo.com, kammy@wetdogindustrie�.com, francescozaza71@gmail.com, carlottacorsi7 7@gmail.com, alohagrill@yahoo.com, deryaerhan89@gmail.com, howard@hamlingooding.com, s.beaty75@gmail.com, edsakal@aol.com, americanvintage@verizon.net, zack.bandy@gmail.com, trujillo.dana.n@gmail.com, nicole.baskinrobbins@gmail.com, jdpreheim@hotmail.com, baskin31.robbins@yahoo.com, david.hara ke@yahoo.com, tiffany.boathouse@gmail.com, natalie@fhareview.com, greg@fhareview.com, charliezablah@hotmail.com, tutramle@gmail.com, HBcalishore@gmail.com, jdanielrealestate@yahoo.com, danielcapital @verizon.net, hurricanesbar@hotmail.com, kedd954@gmail.com, kristyandlucky@ya hoo.com, roxxy07@yahoo.com, bjs409@bjsrestaurants.com, bilhilltop@gmail.com, muratkoc1@live.com, tiklama212@rocketmail.com, thefirmali@gmail.com, bombgrill@gmail.com Dear 2nd Block and Downtown Businesses, Good morning! The BID Board of Directors has directed staff to do a poll of all businesses on the 2nd block of Main Street for the purpose of determining support for an extension of the closure through Dec. 31, 2020. Can you please indicate if this direction does or does not have your support and why by EOD Monday, Aug. 31st. If the extension receives majority support from the businesses, the BID will proceed with an ask to the City to include it on the City Council agenda on Tuesday, Sept. 8th. Thank you tor· your· feedback. Best regards, Sarah Sarah Kruer Executive Director Huntington Beach Downtown BID Office: 714.536.8300 Cell: 323.365.0996 Stevie Julien (00575) <US1621506@starbucks.com> To : Sarah Kruer <hbbidexec@gmail.com> � �J LS I Support, as this has driven traffic downtown and increased business. Thanks, Fri, Aug 28, 2020 at 10:57 AM https://mail.google.com/mail/u/3?ik=a2a5e982ac&view=pt&search=all&permthid=thread-a%3Ar216291 5730031141 399&simpl=msg-a%3Ar6177907186006845675&simpl=msg-f"/o3A 1676292875338342... 1 /5 476 8/31/2020 �714 536 3228 i?l@steviebrews � 221 Main St. Huntington Beach, Ca 92649 "By failing to prepare, you are preparing to fail." -Benjamin Franklin [Quoted text hidden] Sarah Kruer <hbbidexec@gmail.com> Gmail -BID Poll: Support for the Extension of 2nd Block Closure through Dec. 31, 2020 To: "Stevie Julien (00575)" <US1621 506@starbucks.com> Wonderful, thank you for your prompt response! Best regards, Sarah [Quoted text hidden] Stephen Daniel <danielcapital@verizon.net> Reply-To: Stephen Daniel <danielcapital@verizon.net> To: "hbbidexec@gmail.com" <hbbidexec@gmail.com> er>�� �tJ. ��-Ir,,(,._, Fri, Aug 28, 2020 at 11 :48 AM Fri, Aug 28, 2020 at 12:00 PM I am in favor of extending outdoor dining through the end of this year. I feel the restaurants need all the help they can get and they seem busy and are doing a great job. --Original Message--- From: Sarah Kruer <hbbidexec@gmail.com> Sent: Fri, Aug 28, 2020 10:53 am Subject: BID Poll: Support for the Extension of 2nd Block Closure through Dec. 31, 2020 [Quoted text hidden] https://mail.google.com/mail/u/3?ik=a2a5e982ac&view=pt&search=all&pennthid=thread-a%3Ar2162915730031141399&simpl=msg-a%3Ar6177907186006845675&simp l=msg-f%3A 1676292875338342... 2/5 477 8/31/2020 Gmail -BID Poll: Support for the Extension of 2nd Block Closure through Dec. 31, 2020 Sarah Kruer <hbbidexec@gmail.com> To: Stephen Daniel <danielcapital@verizon.net> Fri, Aug 28, 2020 at 12:02 PM Thank you, Stephen. I appreciate your prompt response. Happy Friday, ----'Sal'cl,f:\-----;;;;;;;;;;;;�:;:::::=::=:;;;;;;::::=��::;;:;;:;:;::��=��:::;;;;;;;;;=;;;;;;;;;;;;;;;;;;�������;;;;;;;;;�;;��;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;�;;;;;;;;;;;;;:;;;;;;;::::;;;=:;;:::;:;;;;;:;;;;;;;;;;;�= [Quoted text hidden] Tram Le <tutramle@gmail.com> To: Sarah Kruer <hbbidexec@gmail.com> -r�vte.. Fri, Aug 28, 2020 at 12:03 PM Hello Sarah Thank you for the email. On behalf of Tzone HB, we'd say that the street disclosure directi on does have our support since the customers can dine outside and it has attracted more people to walk to the area. Best regards, Tram Le >On Aug 28, 2020, at 10:54 AM, Sarah Kruer <hbbidexec@gmail.com> wrote: >> [Quoted text hidden] Sarah Kruer <hbbidexec@gmail.com> To: Tram Le <tutramle@gmail.com> Tram, Thank you so much for your prompt response. Wishing you a busy weekend! Sarah [Quoted text hidden] murat koc <muratkoc1@live.com> To : Sarah Kruer <hbbidexec@gmail.com> Support the extension to Dec 31st 2020. Sent from my iPhone CHA-cl., s >On Aug 28, 2020, at 10:54 AM, Sarah Kruer <hbbidexec@gmail.com> wrote: > > Fri, Aug 28, 2020 at 12:04 PM Fri, Aug 28, 2020 at 3:02 PM https://mail.goo gle.com/mail/u/3?ik=a2a 5e982ac&view=pt&search=all&permthid=th read-a%3Ar216 291573003114139 9&simp l=m sg-a%3Ar6177907186 006845675&simpl:msg-f%3A 1676292875338342... 3/5 478 8/31/2020 Gmail -BID Poll: Support for the Extension of 2nd Block Closure through Dec. 31, 2020 [Quoted text hidden] Sarah Kruer <hbbidexec@gmail.com> To: murat koc <muratkoc1@live.com> Thank you! Sarah [Quoted text hidden] Jose Ruiz <kedd954@gmail.com> To: Sarah Kruer <hbbidexec@gmail.com> Yes please thanks Jose Ruiz from IHOP 200 Main st# 126 Thanks [Quoted text hidden] Sarah Kruer <hbbidexec@gmail.com> To: Jose Ruiz <kedd954@gmail.com> Thank you, Jose! Sent from my iPhone On Aug 29, 2020, at 1 :39 PM, Jose Ruiz <kedd954@gmail.com> wrote: [Quoted text hidden] T+iOP Kammy Major <kammy@wetdogindustries.com> To: Sarah Kruer <hbbidexec@gmail.com> VJvt D, Fri, Aug 28, 2020 at 4:06 PM Sat, Aug 29, 2020 at 1 :39 PM Sat, Aug 29, 2020 at 1 :55 PM Mon, Aug 31, 2020 at 8:22 AM I vote yes, keep the extension. The financial impact is of course beneficial to businesses but the real win here is the sense of community it has brought back to the neighborhood. Cheers, Kammy Major On Fri, Aug 28, 2020 at 10:54 AM Sarah Kruer <hbbidexec@gmail.com> wrote: (Quoted text hidden] Sarah Kruer <hbbidexec@gmail.com> To: Kammy Major <kammy@wetdogind ustries.com> Mon, Aug 31, 2020 at 9:38 AM Thank you, Kammy! https://mail.google.com/mail/u/3?ik=a2a5e982ac&view=pt&se arch=all&permthid=thread-a%3Ar2162915730031141 399&simpl=msg-a%3Ar6177907186006845675&simpl=msg-f%3A 1676292875338342... 4/5 479 8/31/2020 Gmail -BID Poll: Support for Extension of 2nd Block Closure through Dec. 31, 2020 M Gmail Sarah Kruer <hbbidexec@gmail.com> BIO PoU:.-SttRfltlrt�ror£�nsion of 2..-fld:Bk��k�G!o�.H;!ffihthr-e:Hgh:.:Dec.-31. .. ..2020 2 messages Sarah Kruer <hbbidexec@gmail.com> Fri, Aug 28, 2020 at 10:08 AM To : "moekan@aol.com" <moekan@aol.com> Dear Moe, Good morning! The BID Board of Directors has directed staff to do a poll of all bus inesses on the 2nd block of Main Street for the purpose of determining support for an extension of the closure through Dec. 31, 2020. Can you please indicate if this direction does or does not have your support and why by EOD Monday, Aug.31st. If the extension receives majority support from the businesses, the BID will proceed with an ask to the City to include it on the City Council agenda on Tuesday, Sept. 8th. Thank you for your feedback. Best regards, Sarah Sarah Kruer Executive Director Huntington Beach Downtown BID Office: 714.536.8300 Cell: 323.365.0996 moekan <moekan@aol.com> To: Sarah Kruer <hbbidexec@gmail.com> I support the extention of 2nd block closure to Dec 31 2020 100% . Sent from my T-Mobile 4G LTE Device [Quoted text hidden] t--\{U� 6'vi,lt' t(hit1v\Fri, Aug 28, 2020 at 11 :01 AM https://mail .google.com/ma il/u/3?ik=a2a5e982ac&view=pt&search=all&permthid=thread-a%3Ar6438467420037743809&simpl=msg-a%3Ar-808761834224101 0866&simpl=msg-f%3A 16762931298 1360... 1/1 480 8/31/2020 Gmail -BID Poll: Support for Extension of 2nd Block Closure through Dec. 31, 2020 M Gmail -· --=:Aln Pru!�--J::1-u,n�➔ f-A!' s::=vt��-i.-.n of ?nrl-0 •��k Cln�Hr'.A -t-ru-e11a-..,.-D_el! 31 �020...,.__, .._ --_.�---.--..---1-ii.c .......... �-----•••• ,...__ ---:.__._�::u ....... _. -•---.--u.. �-�·� --J!=:-- -,.� ---i_. 3 messages Sarah Kruer <hbbidexec@gmail.com> To: Robert <kouryproperties@gmail.com> Sarah Kruer <hbbidexec@gmail.com> Fri, Aug 28, 2020 at 10:06 AM Dear Mr. Koury, Good morning! The BID Board of Directors has directed staff to do a poll of all businesses on the 2nd block of Main Street for the purpose of determining support for an extension of the closure through Dec. 31, 2020. Can you please indicate if this direction does or does not have your support and why by EOD Monday, Aug. 31st. If the extension receives majority support from the businesses, the BID will proceed with an ask to the City to include it on the City Council agenda on Tuesday, Sept. 8th. Thank you for your feedback. Best regards, Sarah Sarah Kruer Executive Director Huntington Beach Downtown BID Office: 714.536.8300 Cell: 323.365.0996 Robert Koury Properties <kouryproperties@gmail.com> To: Sarah Kruer <hbbidexec@gmail.com> Good afternoon, 200 Main Street and 205 Main Street are 100% are on board with extending the time frame. Thank you. Debbie Zuganelis Robert Koury Properties 714-960-5495 Moving forward, please update your email address you have on file to our new email address at kouryproperties@gmail.com. [Quoted text hidden] Fri, Aug 28, 2020 at 3:09 PM https://mail.google.com/mail/u/3?ik=a2a5e982ac&view=pt&search=all&permthid=thread-a%3Ar-968171321054577579&simpl=msg-a%3Ar-6748624440329013576&simp=msg-f%3A 16763087 4391 051 . . . 1 /2 481 8/31/2020 Gmail -BID Poll: 2nd Block Closure Extension Through Dec. 31, 2020 M Gmail Sarah Kruer <hbbidexec@gmail.com> •-BJ��Gmur -a-&tension-JruQt.Jgl:t D_ee_ .31, �?020 - 3 messages Sarah Kruer <hbbidexec@gmail.com> Fri, Aug 28, 2020 at 10:03 AM To: "dboggeln@boggelnco.com" <dboggeln@boggelnco.com> Dear Dennis and Cheri, Good morning! The BID Board of Directors has directed staff to do a poll of all businesses on the 2nd block of Main Street for the purpose of determining support for an extension of the closure through Dec. 31, 2020. Can you please indicate if this direction does or does not have your support and why by EOD Monday, Aug. 31st. If the extension receives majority support from the businesses, the BID will proceed with an ask to the City to include it on the City Council agenda on Tuesday, Sept. 8th. Thank you for your feedback. Best regards, Sarah Sarah Kruer Executive Director Huntington Beach Downtown BID Office: 714.536.8300 Cell: 323.365.0996 Dennis Boggeln <DBoggeln@boggelnco.com> To: Sarah Kruer <hbbidexec@gmail.com> Fri, Aug 28, 2020 at 10:13 AM Yes I support the extended closure. Its refreshing and revitalizes the downtown without a large expenditure of time or money. I really feel other than sitting at the bar my inside business will never be the same, at least until we get some rain. It creates a festive atmosphere that invites a more civil crowd that spends both time and money downtown that not only the restaurants but the retail also is benefiting from. [Quoted text hidden] Sarah Kruer <hbbidexec@gmail.com> Fri, Aug 28, 2020 at 10:13 AM To: Dennis Boggeln <DBoggeln@boggelnco.com> Fantastic -your feedback and detail is sincerely appreciated. https://mail.google.com /mail/u/3?ik=a2a5e982ac&view=pt&search=all&permt hid=thread-a%3Ar-522770079427752524 3&simpl=msg-a%3Ar-40957 1340646680486 3&simpl=msg-f%3A 1676290072994 7... 1/2 482 8/31/2020 Gmail -BID Poll: Support for Extension of 2nd Block Closure th rough Dec. 31, 2020 M Gmail Sarah Kruer <hbbidexec@gmail.com> ---B!B:Pmt Stt p�rt.-fo_r &tension-of.-2:-00.BJo���stt�e=t!1rou�Bec. 3-�2020 - 3 messages Sarah Kruer <hbbidexec@gmail.com> Fri, Aug 28, 2020 at 10:10 AM To: Longboard Pub <longboardpubhb@gmail.com> Dear Mike and Ron, Good morning! The BID Board of Directors has directed staff to do a poll of all businesses on the 2nd block of Main Street for the purpose of determining support for an extension of the closure through Dec. 31, 2020. Can you please indicate if this direction does or does not have your support and why by EOD Monday, Aug. 31st. If the extension receives majority support from the businesses, the BID will proceed with an ask to the City to include it on the City Council agenda on Tuesday, Sept. 8th. Thank you for your feedback. Best regards, Sarah Sarah Kruer Executive Director Huntington Beach Downtown BID Office: 714.536.8300 Cell: 323.365.0996 Longboard Pub <longboardpubhb@gmail.com> To : Sarah Kruer <hbbidexec@gmail.com> The Long board Restaurant is in favor of the second block remaining closed until December 31, 2020. Mike Williams Managing Partner. [Quoted text hidden] Sarah Kruer <hbbidexec@gmail.com> To: Longboard Pub <longboardpubhb@gmail.com> Thank you! [Quoted text hidden] Fri, Aug 28, 2020 at 10:42 AM_ Fri, Aug 28, 2020 at 10:46 AM https://mail.google.com/mail/u/3?ik=a2a5e982ac &view=pt&search=all&permthid=thread-a%3Ar-671 5250959362109452&simpl=m sg-a%3Ar90830846569644 1891 &simpl=msg-f%3A 1676291 942066221 ... 1 /1 483 8/31/2020 Gmail -BID Poll: Support for Extended Closure of 2nd Block through Dec. 31, 2020 M Gmail Sarah Kruer <hbbidexec@gmail.com> RU}-��Sttpp���J".aExteruled7Gl�StH:&c :Of 2ndd31oc:k tbr-ougb-Jle.c.-31-,�202 .--0,--;:,-;:,�-==-==--==--==-==-==-==-==-==-==-==-==-==-==-==-==-::...-:::.-==�-==-==-==-==-==-==-==-;;;.-::-::-::-:..-:..-= 3 messages Sarah Kruer <hbbidexec@gmail.com> Fri, Aug 28, 2020 at 10:07 AM To: Ron Newman <ron@sharkeez.net>, Nate Bernal <nate@sharkeez.net> Dear Ron and Nate, Good morning! The BID Board of Directors has directed staff to do a poll of all businesses on the 2nd block of Main Street for the purpose of determining support for an extension of the closure through Dec. 31, 2020. Can you please indicate if this direction does or does not have your support and why by EOD Monday, Aug. 31st. If the extension receives majority support from the businesses, the BID will proceed with an ask to the City to include it on the City Council agenda on Tuesday, Sept. 8th. Thank you for your feedback. Best regards, Sarah Sarah Kruer Executive Director Huntington Beach Downtown BID Office: 714.536.8300 Cell: 323.365.0996 Nate Bernal <nate@sharkeez.net> To: Sarah Kruer <hbbidexec@gmail.com> Cc: Ron Newman <ron@sharkeez.net> Yes 100% from both sharkeez and Killameys Nate Bernal General Manager I Partner Baja Sharkeez Huntington Beach C: 562.216.0288 >On Aug 28, 2020, at 10:07 AM, Sarah Kruer <hbbidexec@gmail.com> wrote:> > (Quoted text hidden) Fri, Aug 28, 2020 at 10:10 AM hltps://mail.google.com/mail/u/3?ik=a2a5e982ac&view=pt&search=all&permthid=thread-a%3Ar 3771506137364709230&simpl=m sg-a%3Ar-7992052243588242458&simpl=msg-f%3A 167628991409495... 112 484 8/31/2020 The BID appreciates your input. Best regards, Sarah [Quoted text hidden] Greg Sutton <greg@fhareview.com> To: Sarah Kruer <hbbidexec@gmail.com> Gmail -BID Poll: Support for the Extension of 2nd Block Closure through Dec. 31, 2020 Please extend the main street closure! Great for visitors, locals and businesses. Greg Sutton P: 714.536.6500 F: 714.276.1410 www.fhareview.com greg@fhareview.com 200 Main St. STE 2048 Huntington Beach, CA 92648 r.lFHA UIUREVIEW FHA Review is an independently owned and operated corporation. It is not an agency of the United States Government and is not contracted by the Department of Veterans Affairs, or the Department of Housing and Urban Development, or their affiliates. Mon, Aug 31, 2020 at 11 :07 AM https://mail.google.com/mail/u/3?ik=a2a5e982ac&view=pt&search=all&perrnthid=thread-a%3Ar2162915730031141399&simpl=msg-a%3Ar6177907186006845675&simpl=msg-a%3Ar55095313258854... 5/6 485 ry+cJ�)(Y) N-t---oJ 13/JU'4W) 7LJ 1/11'1 WJ:7r � -")-mJt\ l<'l{vYB o� (�11 J. 1fJ5} 'I 11;�1 \-\� .Q 1/0<;} 11 )f ssJr,sne 0Z0Z 'lE ·:>aa 48noJ41 aJnso1J >po1a puZ :iaaJtS u,ew 10 uo,sua:ix3 110d ssau,sna 018 486 City of Huntington Beach File #:20-1855 MEETING DATE:9/8/2020 Submitted by Councilmember Brenden - Development of Regulations Prohibiting the Repair and Sale of Bicycles / Bicycle Parts on Public Property I recommend that the City Council direct the City Manager to prepare the regulations necessary to enact a prohibition on the repair and sale of bicycles / bicycles parts on public property in Huntington Beach. City of Huntington Beach Printed on 9/2/2020Page 1 of 1 powered by Legistar™487 CITY OF HUNTINGTON BEACH CITY COUNCIL MEETING – COUNCIL MEMBER ITEMS REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: PATRICK BRENDEN, CITY COUNCIL MEMBER DATE: SEPTEMBER 8, 2020 SUBJECT: DEVELOPMENT OF REGULATIONS PROHIBITING THE REPAIR AND SALE OF BICYCLES / BICYCLE PARTS ON PUBLIC PROPERTY BACKGROUND It was recently brought to my attention that the City of Long Beach has enacted regulations that prohibit the repair and sale of bicycles and bicycle parts on public property. That ordinance (see attached) was developed to address the following issues:  To address a large number of annual bicycle thefts in their community.  Long Beach identified that many stolen bicycles are dismantled in public areas and sold within days of being stolen.  The regulation was developed to also address issues associated with open-air “bike chop shops,” which require additional enforcement tools to manage.  By prohibiting the repair / sale of bicycles or bicycle parts on public property, Long Beach argued that public spaces would be cleared of unauthorized commercial activity, and would help facilitate the possible restoration of stolen item to their lawful owners. Based on a review of the “bike chop shop” prohibitions developed in Long Beach, I believe that similar regulations here in Huntington Beach could be of benefit for our community. RECOMMENDED ACTION I recommend that the City Council direct the City Manager to prepare the regulations necessary to enact a prohibition on the repair and sale of bicycles / bicycles parts on public property in Huntington Beach. 488 1 2 3 4 5 6 7 8 9 10 11 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. ORD-18-0027 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LONG BEACH AMENDING THE LONG BEACH MUNICIPAL CODE BY ADDING CHAPTER 10.49 RELATING TO THE PROHIBITION ON REPAIRS AND SALES OF BICYCLES AND BICYCLE PARTS ON PUBLIC PROPERTY WHEREAS, the City of Long Beach is a leading city in providing bicycle infrastructure and encouraging the use of bicycles in daily transportation for commuting and recreational purposes; and WHEREAS, still, reported bicycle thefts in Long Beach averaged over 700 instances per year between 2011 and 2016, and statistics show the number of actual thefts is likely much greater; and WHEREAS, many of these bicycles are also dismantled in public areas and sold within days of being stolen, and, thus, there is a narrow window for bicycles to be recovered while they are being taken apart in public spaces before being sold; and WHEREAS, such open-air "bike chop shops" can be seen throughout the City, but confronting the illegal activities this practice supports is difficult without better tools to reduce the occurrences; and WHEREAS, prohibiting such activity and allowing removal of bicycles and/or bicycle parts from the public right-of-way and public property will help clear the public right-of-way and public property, prevent unauthorized commercial activity in these areas, and, if any items are lost or stolen, restore such items to their lawful owners and deter future bicycle theft; and WHEREAS, in furtherance of this effort, on February 13, 2018, the City Council requested the City Attorney to draft an ordinance to prohibit the assembly, MJK:mb A 18-00499 (09-24-18) 00931602.doc 1 489 I- >->-g WIDU::: Zc.c'<t 0:::(5+--<.o Q+--.,--(.0 f-~..--'1 f->--c:iN <(:!:::Ug ~O>o -Q) ()) -z:;<( O:;zo 0 w 0::: co -I<(c.C f-o...~aJ u..U)oiD Owoco w...J+--o: oo:::cnc -<(~0 IJ..I ....1 u..o(<) 0 (<) (<) 1 disassembly, sale, offer of sale, distribution, or offer of distribution of bicycles and bicycle 2 parts on public property or public right-of-way, under certain conditions and with certain 3 exceptions; 4 NOW, THEREFORE, the City Council of the City of Long Beach ordains as 5 follows: 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Section 1. Chapter 1 0.49 entitled "Prohibition on Repairs and Sales of Bicycles and Bicycle Parts on Public Property" is hereby added to the Long Beach Municipal Code to read as follows: CHAPTER 10.49 PROHIBITION ON REPAIRS AND SALES OF BICYCLES AND BICYCLE PARTS ON PUBLIC PROPERTY 10.49.010-Repairs and sales on public property prohibited. Except where otherwise stated in this Chapter, no person shall assemble, disassemble, sell, offer to sell, distribute, offer to distribute, or store the following items on any street, sidewalk, alley, public passageway, public right-of-way, public beach, public park, or other public property within the City: A Three (3) or more bicycles; B. A bicycle frame with the gear cables or brake cables cut; C. Two (2) or more bicycles with missing parts (the term "parts" shall mean handlebars, wheels, forks, pedals, cranks, seats, or chains); or D. Five (5) or more bicycle parts. 10.49.020 -Exceptions. The prohibition contained in Section 10.49.010 of this Chapter shall not apply in any of the following situations: MJK:mb A18-00499 (09-24-18) 00931602.doc 2 490 1 2 3 4 5 6 7 8 9 10 11 0 >->-0 12 LUQJ[i: Zc..c:"<t 0::(5 .... <0 0...,..-<0 ~--~..-"'!' 13 1->.-ci'N <(:!::!(i:jg ~O>o -Q) (J) 14 -Z'S<( Oszoo LU 0:: CD _ I<(c..C: 15 1-a...mlil Ll...U)(.)QJ OwOCD LUD:!(i)g. 16 S2<(IDO u...IS...J u...o('(') 17 0 ('(') ('(') 18 19 20 21 22 23 24 25 26 27 28 A. An individual is operating under a valid City of Long Beach License or Permit authorizing such activities. B. The owner of a bicycle or bicycle part is present during the repair of his or her single bicycle or bicycle part. Supporting evidence for a claim of lawful ownership may include, but is not limited to, video or photographic evidence, a bill of sale, the correct serial number, bicycle registration, and the like. 10.49.030-Severability. If any section, subsection, sentence, clause, phrase, or word of this Chapter 1 0.49, or any application thereof to any person or circumstance, is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby and such provision shall be ineffective only to the extent of such invalidity, illegality or unenforceability. Section 2. The City Clerk shall certify to the passage of this ordinance by the City Council and cause it to be posted in three (3) conspicuous places in the City of Long Beach, and it shall take effect on the thirty-first (31st) day after it is approved by the Mayor. Ill /II /II /II /II Ill Ill 3 MJK:mb A 18-00499 (09-24-18) 00931602.doc 491 1 I hereby certify that the foregoing ordinance was adopted by the City 2 Council of the City of Long Beach at its meeting of October 9 , 2018, by the following 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 vote: Ayes: Councilmembers: Noes: Councilmembers: Absent: Councilmembers: Approved: l~{(fd • ( te) MJK:mbA18-00499 (09-24-18) 00931602.doc Pearce, Price, Supernaw, Uranga, Richardson, Andrews. None. Gonzalez, Mungo, Austin. Mayor 4 492 AFFIDAVIT OF POSTING STATE OF CALIFORNIA ) ss COUNTY OF LOS ANGELES ) CITY OF LONG BEACH ) Tamela Austin being duly sworn says: That I am employed in the Office of the City Clerk of the City of Long Beach; that on the 1 01h day of October 2018, I posted three true and correct copies of Ordinance No. ORD-18-0027 in three conspicuous places in the City of Long Beach, to wit: One of said copies in the entrance lobby of City Hall in front of the Information Desk; one of said copies in the Main Library; and one of said copies on the front counter of the Office of the City Clerk. Subscribed and sworn to before me This 1 01h day of October, 2018. 493