HomeMy WebLinkAbout2021-05-17 Agenda Packet (Revised)AGENDA (**Revised)
City Council/Public Financing Authority
Regular Meeting
Monday, May 17, 2021 at 6:00 PM
MAYOR AND CITY COUNCIL
KIM CARR, Mayor
TITO ORTIZ, Mayor Pro Tem
BARBARA DELGLEIZE, Councilmember
DAN KALMICK, Councilmember
NATALIE MOSER, Councilmember
ERIK PETERSON, Councilmember
MIKE POSEY, Councilmember
Virtual Location
Huntington Beach, CA
STAFF
OLIVER CHI, City Manager
MICHAEL E. GATES, City Attorney
ROBIN ESTANISLAU, City Clerk
ALISA BACKSTROM, City Treasurer
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.
PUBLIC PARTICIPATION/ZOOM ACCESS: In keeping with the Governor’s mandate to limit in-person gatherings
that can spread COVID-19, the Monday, May 17, 2021 meeting of the Huntington Beach City Council will be held
virtually.
The City offers several ways to view City Council meetings live or on-demand. Council meetings are livestreamed on HBTV
Channel 3 (replayed on Tuesday’s at 10:00 a.m., and Wednesday’s at 6:00 p.m.). In addition, live and archived meetings
for on-demand viewing can be accessed from https://huntingtonbeach.legistar.com/calendar, or from any Roku or Apple
device by downloading the Cablecast Screenweave App and searching for the City of Huntington Beach cha nnel.
PUBLIC COMMENTS: At 6:00 PM, individuals wishing to attend the meeting to provide a comment on agendized or non -
agendized items may enter Zoom Webinar ID 971 5413 0528 via computer device, or by phone at (669) 900-6833. The
Webinar can be accessed here: https://huntingtonbeach.zoom.us/j/97154130528. Attendees utilizing computer devices to
request to speak may select the “Raise Hand” feature in the Webinar Controls section. Attendees entering the Webinar
and requesting to speak by phone can enter *9 to enable the “Raise Hand” feature, followed by the *6 prompt that unmutes
their handheld device microphone. Once the Mayor opens Public Comments, speakers will be provided a 15-minute window
to raise their hands, and will be prompted to speak when the City Clerk announces their name or the last three digits of their
phone number. Speakers are encouraged, but not required to identify themselves by name. Each person 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 will only be active during designated portions of the agenda (Public Comments and/or Public
Hearing). After a speaker concludes their comment, their microphone will be muted, but they may remain in Webinar
attendance for the duration of the meeting.
Members of the public unable to attend the Zoom Webinar but interested in communicating with the City Council on agenda-
related items, are encouraged to submit a written (supplemental) communication via email at SupplementalComm@Surfcity-
hb.org, or City.Council@surfcity-hb.org. Supplemental Communications are public record, and if received by 2:00 PM on
Monday, May 17, 2021, will be distributed to the City Council prior to consideration of agenda -related items, posted to the
City website, and announced, but not read, at the meeting. Supplemental Communications received following the 2:00 PM
deadline will be incorporated into the administrative record the following day.
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 May 17, 2021City Council/Public Financing
Authority
4:00 PM - COUNCIL CHAMBERS
CALL TO ORDER
ROLL CALL
Peterson, Kalmick, Ortiz, Carr, Posey, Moser, Delgleize
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution)
PUBLIC COMMENTS PERTAINING TO STUDY SESSION / CLOSED SESSION ITEMS (3 Minute
Time Limit) - Anyone wishing to provide a comment on a Study Session or Closed Session item
may join Zoom Webinar ID 971 5413 0528 via computer device, or by calling (669) 900-6833 (see
agenda cover sheet for request to speak instructions). Individuals will be prompted to speak when
the Clerk announces their name or the last three digits of their phone number. Speakers are
encouraged, but not required to identify themselves by name. Each speaker may have up to 3
minutes to speak; however, the time allowance may be reduced if warranted by the volume of
speakers.
STUDY SESSION
21-4001.Fiscal Year 2021/22 Proposed Budget Review
RECESS TO CLOSED SESSION
CLOSED SESSION
21-4042.CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION.
(Paragraph (1) of subdivision (d) of Section 54956.9). Name of case:
Chris Hartman vs City of Huntington Beach, Worker’s Comp. Case
No. COHB-14-0306.
21-4053.CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION.
(Paragraph (1) of subdivision (d) of Section 54956.9). Name of case:
John Domingo vs City of Huntington Beach, Worker’s Comp. Case
No. COHB-19-0097.
21-4064.CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION.
(Paragraph (1) of subdivision (d) of Section 54956.9). Name of case:
Rodney Besuzzi vs City of Huntington Beach, Worker’s Comp. Case
No. COHB-19-0280.
Page 1 of 7
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AGENDA May 17, 2021City Council/Public Financing
Authority
21-407** 5.CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION.
Initiation of Litigation Pursuant to Paragraph (4) of Subdivision (d) of
Section 54956.9 (Deciding Whether to Initiate Litigation): Number of
cases, one (1): 17511 Griffin Lane #7, Huntington Beach, California.
(Note: Corrected street number from 17211 to 17511 Griffin Lane #7)
6:00 PM – COUNCIL CHAMBERS
RECONVENE CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING
ROLL CALL
Peterson, Kalmick, Ortiz, Carr, Posey, Moser, Delgleize
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.
21-2656.Rabbi Stephen Einstein (Emeritus) of Congregation B’nai Tzedek in
Fountain Valley and member of the Greater Huntington Beach
Interfaith Council
CLOSED SESSION REPORT BY CITY ATTORNEY
AWARDS AND PRESENTATIONS
21-4027.Mayor Carr to proclaim May 22 to 29 as National Beach Safety Week
and present proclamation to Fire Chief Scott Haberle
21-4038.Mayor Carr to proclaim May 16-22 as National Public Works Week
and present proclamation to Public Works Director Sean Crumby
21-4089.Mayor Carr to present the Mayor’s HB Excellence Award to Library
Specialist Claudia Locke in Community & Library Services
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution)
PUBLIC COMMENTS (3-Minute Time Limit) - At approximately 6:00 PM, individuals wishing to
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AGENDA May 17, 2021City Council/Public Financing
Authority
provide a comment on agendized or non-agendized items may join Zoom Webinar ID 971 5413
0528 via computer device, or by calling (669) 900-6833 (see agenda cover sheet for request to
speak instructions). Speakers will be provided a 15-minute window to raise their hands, and
prompted to speak when the Clerk announces their name or the last three digits of their phone
number. The Public Comment process will only be active during designated portions of the
agenda (Public Comments and/or Public Hearing). Speakers are encouraged, but not required to
identify themselves by name. Each speaker may have up to 3 minutes to speak; however, the time
allowance may be reduced if warranted by the volume of speakers.
COUNCIL COMMITTEE - APPOINTMENTS - LIAISON REPORTS, AB 1234 REPORTING, AND
OPENNESS IN NEGOTIATIONS DISCLOSURES
CITY MANAGER'S REPORT
21-41410.Update on Guidelines to Facilitate a Planned Returned to In-Person
City Council and Commission/Board Meetings
CONSENT CALENDAR
21-36911.Approve the Infrastructure Fund Annual Report for Fiscal Year
2019/20
Approve the Infrastructure Fund Annual Report for FY 2019/20.
Recommended Action:
21-37712.Adopt Resolution No. 2021-31 authorizing certain City Officials to
execute Grant Applications and Documents related to the City’s
Emergency Management and Homeland Security Program
Adopt Resolution No. 2021-31, “A Resolution of the City Council of the City of Huntington
Beach Authorizing Certain City Officials to Execute Grant Applications and Documents.”
Recommended Action:
21-38413.Approve and accept the Public Improvements, release the
Securities for Tract 17661 and accept Guarantee & Warranty Bond
A) Accept the improvements constructed and dedicated for public use with Tract 17661 ,
and instruct the City Clerk to record the “Notice of Acceptance of Public Improvements”
(Attachment 2) with the Orange County Recorder; and,
B) Accept Guarantee and Warranty Bond No. 4422016W (Attachment 3), the security
Recommended Action:
Page 3 of 7
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AGENDA May 17, 2021City Council/Public Financing
Authority
furnished for guarantee and warranty of public improvements, and instruct the City Clerk to
file the bond with the City Treasurer; and,
C) Release the Faithful Performance Bond No. 4422016, Labor and Material Bond No.
4422016 and Monument Bond No. 4422017; and,
D) Instruct the City Clerk to notify Bonanni Development and JB Construction, the
developer of Tract 17661, and the City Treasurer to notify SureTec Insurance Company, of
these actions.
21-37014.Accept bid and authorize execution of a construction contract with
Elecnor Belco Electric, Inc., in the amount of $357,636 for the
construction of Traffic Signal Modifications at the intersections of
Warner Avenue at Graham Street (CC-1548), Warner Avenue at
Nichols Lane (CC-1550), and Brookhurst Street and Indianapolis
Avenue (CC-1625), and authorize change orders not to exceed 15
percent
A) Accept the lowest responsive and responsible bid submitted by Elecnor Belco Electric,
Inc., in the amount of $357,636; and,
B) Authorize the Mayor and City Clerk to execute a construction contract in a form
approved by the City Attorney; and,
C) Authorize the Director of Public Works to execute change orders not to exceed a total
of 15 percent of the contract construction costs or $53,645, as required .
Recommended Action:
21-37215.Accept bid and authorize execution of a construction contract with
Elecnor Belco Electric, Inc., in the amount of $626,451 for the
construction of Fiber Optic Communications from City Hall to Pier
Plaza, CC-1621
A) Accept the lowest responsive and responsible bid submitted by Elecnor Belco Electric,
Inc., in the amount of $626,451; and,
B) Authorize the Mayor and City Clerk to execute a construction contract in a form
approved by the City Attorney.
Recommended Action:
21-37616.Award and authorize execution of a construction contract in the
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AGENDA May 17, 2021City Council/Public Financing
Authority
amount of $197,808.48 to Prestige Striping Services, Inc., for the
Alley Rehabilitation Project, CC-1617, and authorize change orders
not to exceed 20 percent
A) Accept the lowest responsive and responsible bid submitted by Prestige Striping
Services, Inc., in the amount of $197,808.48; and,
B) Authorize the Mayor and City Clerk to execute a construction contract in a form
approved by the City Attorney; and,
C) Authorize the Director of Public Works to approve up to twenty percent (20%) in
construction change orders, as required.
Recommended Action:
21-41117.Approve and Authorize execution of Amendment No. 1 to the
Professional Services Agreement with IK Consulting for as-needed
Project Management and Implementation Services
Approve and authorize the Mayor and City Clerk to execute “Amendment No. 1 to
Professional Services Contract between the City of Huntington Beach and IK Consulting,
LLC for Project Management and Implementation Services” extending the contract term by
one year and increasing the on-call contract amount not to exceed $480,000.
Recommended Action:
PUBLIC HEARING
When the Mayor opens the Public Hearing, individuals wishing to provide a comment may join
Zoom Webinar ID 971 5413 0528 via computer device, or by calling (669) 900-6833 (see agenda
cover sheet for request to speak instructions). Speakers will be provided a 15-minute window
to raise their hands, and will be prompted to speak when the Clerk announces their name or
the last three digits of their phone number. Speakers are encouraged, but not required to
identify themselves by name. Each speaker may have up to 3 minutes to speak; however, the
time allowance may be reduced if warranted by the volume of speakers.
21-37918.Consider the Appeal of Planning Commission Denial of Zoning
Text Amendment (ZTA) No. 21-002 (Environmental Assessment
Committee and Subdivision Committee) and approve for
introduction Ordinance No. 4230 amending the Municipal Code
and Zoning and Subdivision Code to eliminate the Environmental
Assessment Committee and Subdivision Committee
It is recommended that the City Council take the following action:
Recommended Action:
Page 5 of 7
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AGENDA May 17, 2021City Council/Public Financing
Authority
A) Find that the municipal code amendments and Zoning Text Amendment No.
21-002 are categorically exempt from the California Environmental Quality Act
pursuant to Section 15061(b)(3) (General Rule) of the CEQA Guidelines, because
there is no potential for the project to have a significant effect on the environment;
and,
B) Approve the municipal code amendments and Zoning Text Amendment No.
21-002 with findings (Attachment No. 1); and,
C) Approve for introduction Ordinance No. 4230, “An Ordinance of the City Council
of the City of Huntington Beach Amending Chapters 2.33, and 2.56 of the
Huntington Beach Municipal Code; Chapters 240, 248, 250 and 251 of the
Huntington Beach Zoning and Subdivision Code Removing All References to the
Subdivision and Environmental Assessment Subcommittees (Zoning Text
Amendment No. 21-002).” (Attachment No. 2)
21-39419.Adopt Resolution No. 2021-24 authorizing the City of Huntington
Beach to join the Statewide Community Infrastructure Program
(SCIP); Authorizing the California Statewide Communities
Development Authority (CSCDA) to Accept Applications from
Property Owners, Conduct Special Assessment Proceedings and
Levy Assessments and Special Taxes and to Form Assessment
Districts and Community Facilities Districts Within the Territory of
the City of Huntington Beach; Embodying a Joint Community
Facilities Agreement Setting Forth the Terms and Conditions of
Community Facilities Districts Financings; Approving Form of
Acquisition Agreement for Use when Applicable; and Authorizing
Related Actions
A) Conduct a public hearing to invite any interested members of the public to provide
testimony regarding the SCIP and proposed action; and ,
B) Adopt Resolution No. 2021-24, “Resolution of the City Council of the City of
Huntington Beach Authorizing the City to Join the Statewide Community Infrastructure
Program; Authorizing the California Statewide Communities Development Authority to
Accept Applications From Property Owners, Conduct Special Assessment
Proceedings and Levy Assessments and Special Taxes and to Form Assessment
Districts and Community Facilities Districts Within the Territory of the City of Huntington
Beach; Embodying a Joint Community Facilities Agreement Setting Forth the Terms
Recommended Action:
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AGENDA May 17, 2021City Council/Public Financing
Authority
and Conditions of Community Facilities District Financings; Approving Form of
Acquisition Agreement for Use When Applicable; and Authorizing Related Actions.”
ORDINANCES FOR INTRODUCTION
21-38320.Approve for Introduction Ordinance No. 4231 adding Section
17.48.050 to the Huntington Beach Municipal Code Chapter to amend
Subsection A of Section 690.13 of the California Electrical Code
Approve for introduction Ordinance No. 4231, “An Ordinance of the City Council of the City
of Huntington Beach Adding Section 17.48.050 to the Huntington Beach Municipal Code
Chapter to Amend Subsection A of Section 690.13 of the California Electrical Code.”
Recommended Action:
COUNCILMEMBER COMMENTS (Not Agendized)
ADJOURNMENT
The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority is
Tuesday, June 1, 2021, 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 7 of 7
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City of Huntington Beach
File #:21-400 MEETING DATE:5/17/2021
Subject:
Fiscal Year 2021/22 Proposed Budget Review
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City of Huntington Beach
File #:21-404 MEETING DATE:5/17/2021
CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision
(d) of Section 54956.9). Name of case: Chris Hartman vs City of Huntington Beach, Worker’s
Comp. Case No. COHB-14-0306.
City of Huntington Beach Printed on 5/12/2021Page 1 of 1
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City of Huntington Beach
File #:21-405 MEETING DATE:5/17/2021
CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision
(d) of Section 54956.9). Name of case: John Domingo vs City of Huntington Beach, Worker’s
Comp. Case No. COHB-19-0097.
City of Huntington Beach Printed on 5/12/2021Page 1 of 1
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City of Huntington Beach
File #:21-406 MEETING DATE:5/17/2021
CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision
(d) of Section 54956.9). Name of case: Rodney Besuzzi vs City of Huntington Beach, Worker’s
Comp. Case No. COHB-19-0280.
City of Huntington Beach Printed on 5/12/2021Page 1 of 1
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City of Huntington Beach
File #:21-407 MEETING DATE:5/17/2021
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION. Initiation of Litigation
Pursuant to Paragraph (4) of Subdivision (d) of Section 54956.9 (Deciding Whether to Initiate
Litigation): Number of cases, one (1): 17511 Griffin Lane #7, Huntington Beach, California.
(Note: Corrected street number from 17211 to 17511 Griffin Lane #7)
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City of Huntington Beach
File #:21-265 MEETING DATE:5/17/2021
Rabbi Stephen Einstein (Emeritus) of Congregation B’nai Tzedek in Fountain Valley and
member of the Greater Huntington Beach Interfaith Council
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City of Huntington Beach
File #:21-402 MEETING DATE:5/17/2021
Mayor Carr to proclaim May 22 to 29 as National Beach Safety Week and present proclamation
to Fire Chief Scott Haberle
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City of Huntington Beach
File #:21-403 MEETING DATE:5/17/2021
Mayor Carr to proclaim May 16-22 as National Public Works Week and present proclamation to
Public Works Director Sean Crumby
City of Huntington Beach Printed on 5/12/2021Page 1 of 1
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City of Huntington Beach
File #:21-408 MEETING DATE:5/17/2021
Mayor Carr to present the Mayor’s HB Excellence Award to Library Specialist Claudia Locke in
Community & Library Services
City of Huntington Beach Printed on 5/12/2021Page 1 of 1
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City of Huntington Beach
File #:21-414 MEETING DATE:5/17/2021
Update on Guidelines to Facilitate a Planned Returned to In-Person City Council and
Commission/Board Meetings
City of Huntington Beach Printed on 5/12/2021Page 1 of 1
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City of Huntington Beach
File #:21-369 MEETING DATE:5/17/2021
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 the Infrastructure Fund Annual Report for Fiscal Year 2019/20
Statement of Issue:
The City Charter requires an annual review and performance audit of the Infrastructure Fund, as well
as a report of the findings to the City Council, prior to adoption of the following Fiscal Year (FY)
budget. This review covers FY 2019/20.
Financial Impact:
Not applicable.
Recommended Action:
Approve the Infrastructure Fund Annual Report for FY 2019/20.
Alternative Action(s):
Direct staff to make revisions and resubmit to Council at a later date.
Analysis:
The Infrastructure Fund was established in 2002 by City Charter Section 617(c), which states, “the
City Council shall by ordinance establish a Citizens Infrastructure Advisory Board (CIAB) to conduct
an annual review and performance audit of the Infrastructure Fund and report its findings to the City
Council prior to adoption of the following fiscal year budget.”
The single substantial revenue source to the fund is General Fund excess fund balance per the
Financial Policy adopted in FY 2006/07 and revised in FY 2009/10. The policy states the General
Fund unassigned fund balance will be allocated 50% to the Economic Uncertainties Reserve, 25% to
the Infrastructure Fund, and 25% to the Capital Improvement Reserve.
Beginning in FY 17-18, Capital Improvement Program (CIP) projects previously budgeted in the
General Fund, were instead budgeted in the Infrastructure Fund with an accompanying General Fund
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File #:21-369 MEETING DATE:5/17/2021
transfer. Transfers in FY 2019/20 totaled $4,250,000 to fund infrastructure improvements. Interest
and market adjustments totaled $329,936. Other revenue included a maintenance agreement
reimbursement and sales of plans and specs totaling $10,185. The fund also received a grant
reimbursement of $20,029 for the use of recycled asphalt on the FY 2018/19 Arterial Rehabilitation
project. The remaining bond funds totaling $514,651 from the Senior Center Project were transferred
to the Infrastructure Fund. Total revenue was $5,124,801. Expenditures for the year totaled
$3,080,342. The fund balance at year’s end (June 30, 2020) was $12,157,318.
Per the City Charter, the Infrastructure Fund is designated for the sole purpose of infrastructure
expenditures. “Infrastructure” is defined in the Charter as “long-lived capital assets that normally are
stationary in nature and normally can be preserved for significantly greater number of years. They
include storm drains, storm water pump stations, alleys, streets, highways, curbs and gutters,
sidewalks, bridges, street trees, landscaped medians, parks, beach facilities, playgrounds, traffic
signals, streetlights, block walls along arterial highways, and all public buildings and public ways.”
Infrastructure expenditures are defined as “direct costs related to infrastructure improvements or
maintenance, including construction, design, engineering, project management, inspection, contract
administration and property acquisition.”
Citizens Infrastructure Advisory Board Action:
The annual Infrastructure Fund Report was approved at the April 15, 2021, meeting of the Citizens
Infrastructure Advisory Board by a vote of 3-0-1 (absent - Schlosser) (three seats on the Board are
currently vacant).
Environmental Status:
Not applicable.
Strategic Plan Goal:
Infrastructure & Parks
Attachment(s):
1. Infrastructure Fund Annual Report FY 2019/20
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CITY OF HUNTINGTON BEACH
CITIZEN’S INFRASTRUCTURE ADVISORY BOARD
1
SUBMITTED TO: Citizen’s Infrastructure Advisory Board
SUBMITTED BY: Sean Crumby, PE, Director of Public Works
DATE: April 15, 2021
SUBJECT: Approve Infrastructure Fund Annual Report for Fiscal Year
2019/20
Statement of Issue: The City Charter requires an annual review and performance
audit of the Infrastructure Fund, and a report of the findings to the Ci ty Council.
This provides audited information on Fiscal Year 2019/20.
Funding Source: Infrastructure Fund No. 314
Recommended Action: Motion to recommend to City Council approval of the
Infrastructure Fund Annual Report.
Alternative Action(s): Direct staff to modify the Annual Report.
Analysis: The Infrastructure Fund was established in 2002, by City Charter Section
617. Per Section 617 (a), the originally intended revenue source for the
Infrastructure Fund was a planned utility use tax on natural gas purchased to
generate electricity. However, this ballot measure failed. So, while the Charter
amendment created the fund, it was left with no source of revenue.
Other Charter requirements related to the fund are:
Revenue placed in the Infrastructure Fund shall not supplant existing
infrastructure funding.
General Fund expenditures for infrastructure improvements and
maintenance, subsequent to 2001, shall not be reduced below 15% of
general fund revenues based on a five-year rolling average.
The City Council shall, by ordinance, establish a Citizens Infrastructure
Advisory Board to conduct an annual review and performance audit of the
Infrastructure Fund and report its findings to the City Council prior to
adoption of the following fiscal-year budget.
The single substantial revenue source to the fund is General Fund excess fund
balance per the Financial Policy adopted in Fiscal Year 2006/07. The Policy was
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2
revised beginning in Fiscal Year 2009/10 to allow for an Economic Uncertainties
Reserve commitment. Excerpts addressing the Infrastructure Fund for the previous
and current policies are shown in Attachment 1 along with Municipal Charter
Section 617.
Revenue - FY 2019/20:
1. There were total General Fund transfers of $4,250,000 for capital improvements
and equipment replacement in FY 2019/20.
2. The fund was reimbursed $10,028 for traffic signal maintenance at Beachmont
Plaza per a development agreement. In addition, $157 in plans and specs
sales was recorded for a total miscellaneous revenue of $10,185.
3. Interest and market adjustments are paid in proportion to the citywide
investments and fund balance. This amounted to $329,936 in FY 2019/20.
4. The City received a $20,029 grant reimbursement for the use of recycled
asphalt on the FT 2018/19 arterial rehabilitation project.
5. The remaining bond funds totaling $514,651 from the Senior Center Project
were transferred to the Infrastructure Fund.
Total Revenue for FY 2019/20 was $5,124,801.
Revenue Item Actual
Reimbursements $10,185
Interest and Market Adjustments $329,936
General Fund Transfers $4,250,000
Recycled Asphalt Grant $20,029
Bond Transfer $514,651
Total Revenue $5,124,801
Expenditures – 2019/20:
Budgeted expenditures for FY 2019/20 consisted of new and carry forward
projects and carry over encumbrances from 2018/19. Where applicable, project
sheets from the FY 2019/20 Capital Improvement Program (CIP) are included as
Attachment 2. Total expenditures for the year were $3,080,342. Below is a detail
of expenditures by business unit.
Project Spent
31440001 - Infrastructure Projects $2,194,597
31440002 - Infrastructure Central Park $84,662
31445003 - Main Prom P.S. Improvements $34,500
31485201 - Infrastructure Engineer Design $6,966
22
3
31487004 - Police Facility Improvements $715,495
31490004 - Atlanta Avenue Widening $43,322
31490005 - Arterial Rehabilitation 18-19 $800
Total $3,080,342
Fund Balance
Fund Balance 7/1/19 $10,112,859
Revenue FY 2019/20 $5,124,801
Expenditures FY 2019/20 ($3,080,342)
Fund Balance 7/1/20 $12,157,318
Budgeted Revenue FY 2020/21 $3,000,000
Budgeted Expenditures FY 2020/21 ($10,368,781)
Budgetary Fund Balance 7/1/21 $4,788,537
Attachments:
1. Excerpts from Financial Policies adopted FY 2006/07 and 2009/10
2. Project Sheets
23
Attachment 1
Financial Policies
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27
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29
30
31
32
33
34
35
36
37
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City of Huntington Beach
File #:21-377 MEETING DATE:5/17/2021
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Oliver Chi, City Manager
PREPARED BY:Scott M. Haberle, Fire Chief
Subject:
Adopt Resolution No. 2021-31 authorizing certain City Officials to execute Grant Applications
and Documents related to the City’s Emergency Management and Homeland Security
Program
Statement of Issue:
The City Council is requested to adopt the attached resolution designating specific City officials to
execute applications and related documents for emergency management and homeland security non
-matching grants, and matching grants that do not require direct costs, but instead are matched with
in-kind administrative expenditures.
Financial Impact:
The Fire Department will only apply for emergency management or homeland security grants that
require no City funding, but may require an in-kind administrative match. There will be no direct
costs to the City of Huntington Beach, and the grants do not obligate the City for any future funding.
Recommended Action:
Adopt Resolution No. 2021-31, “A Resolution of the City Council of the City of Huntington Beach
Authorizing Certain City Officials to Execute Grant Applications and Documents.”
Alternative Action(s):
Do not adopt the resolution and direct staff accordingly.
Analysis:
Over the past several years, the City’s Office of Emergency Management and Homeland Security
has obtained many federal and state grants, bringing in funding to improve the Emergency
Management and Homeland Security Program.
These grants have been obtained from a number of federal and state agencies, often with short
application and performance timeframes. They include Emergency Management Program (EMPG),
Citizen Corps, Hazard Mitigation, AmeriCorps Plan Writing grants,and Department of Homeland
Security grants, such as the Urban Area Security Initiative (UASI), Metropolitan Medical Response
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Security grants, such as the Urban Area Security Initiative (UASI), Metropolitan Medical Response
System (MMRS), and other grants.
The proposed resolution (Attachment 1) will allow designated City staff members (City Manager, Fire
Chief, Chief Financial Officer, or Emergency Services Coordinator) to quickly develop and submit
additional applications and execute related documents to obtain grant funding to enhance the
Emergency Management and Homeland Security Program. These grants allow for enhanced
training of emergency response personnel and emergency managers, creation of training exercises,
and purchase of specialized equipment.
Resolution No. 2021-31 authorizes certain positions to apply for non-matching homeland security
grants. It states that these positions are authorized to obtain non-matching grants and matching
grants,as long as they do not require direct costs, but are matched with in-kind administrative
expenditures. Approval of the proposed resolution also facilitates the expeditious spending of these
grant funds, and allows the City to maintain consistency with federal and state grant timeframe
requirements.
In 2021, State guidelines were revised to require agencies to adopt this type of resolution every three
(3) years. Previously,it had to be submitted annually. At this time, City staff requests adoption of the
attached resolution authorizing specified City officials to execute grant applications and documents.
Environmental Status:
Not applicable.
Strategic Plan Goal:
Non Applicable - Administrative Item
Attachment(s):
1. Resolution No. 2021-31, “A Resolution of the City Council of the City of Huntington Beach
Authorizing Certain City Officials to Execute Grant Applications and Documents.”
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City of Huntington Beach
File #:21-384 MEETING DATE:5/17/2021
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 accept the Public Improvements, release the Securities for Tract 17661 and
accept Guarantee & Warranty Bond
Statement of Issue:
Bonanni Development & JB Construction, the developer of Tract 17661, has completed construction
of all required public improvements and is now eligible to receive a release of securities and bonds,
pursuant to the provisions of the Subdivision Map Act.
Financial Impact:
No funding is required for this action.
Recommended Action:
A) Accept the improvements constructed and dedicated for public use with Tract 17661 , and instruct
the City Clerk to record the “Notice of Acceptance of Public Improvements” (Attachment 2) with the
Orange County Recorder; and,
B) Accept Guarantee and Warranty Bond No. 4422016W (Attachment 3), the security furnished for
guarantee and warranty of public improvements, and instruct the City Clerk to file the bond with the
City Treasurer; and,
C) Release the Faithful Performance Bond No. 4422016, Labor and Material Bond No. 4422016 and
Monument Bond No. 4422017; and,
D) Instruct the City Clerk to notify Bonanni Development and JB Construction, the developer of Tract
17661, and the City Treasurer to notify SureTec Insurance Company, of these actions.
Alternative Action(s):
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Deny the recommended actions.
Denying the recommended action may violate the Subdivision Map Act whereby:
1. Section 66499.7 of the Government Code requires that the securities given for the faithful
performance of constructing the public improvements shall be released upon acceptance of
the work.
2. Section 66499.9 of the Government Code, requires the Guarantee and Warranty of the work
for a period of one year following completion and acceptance of the improvement, against any
defective work, labor, and materials furnished. Denying the acceptance of the Guarantee and
Warranty bond may place undue burden and cost upon the City for correcting any defective
work, labor, and materials provided by the developer.
Analysis:
On October 11, 2016, the Planning Commission approved Tentative Tract Map 17661 to consolidate
three existing parcels into one lot for condominium purposes, and Conditional Use Permit No. 13-026
to develop an existing 0.636 acre site with 11 for-sale townhome units. On November 19, 2018, City
Council approved Final Tract Map No. 17661 and the Subdivision Agreement between the City of
Huntington Beach and Bonanni Development & JB Construction, and also accepted the project’s
required bonds as follows: Faithful Performance Bond No. 4422016, Labor and Materials Bond No.
4422016, and Monument Bond No. 4422017.
The developer has completed all required public improvements and is now requesting release of the
aforementioned securities, pursuant to California Government Code Section 66499.7(a). The
constructed improvements include: curb, gutter, and sidewalk along Gothard Street and Garfield
Avenue, the domestic water system within the private street and the on-site storm drain system.
The City Engineer has determined that the public improvements have been constructed in substantial
compliance with the approved plans and specifications, and recommends acceptance of these
improvements.
Bonanni Development & JB Construction has provided Guarantee and Warranty Bond No.
4422016W as security for the one-year warranty period, and is now requesting acceptance of this
bond.
Following is a list of the project data:
DEVELOPER:Bonanni Development & JB Construction, 5500 Bolsa Avenue, Suite 120,
Huntington Beach, CA 92649
ENGINEER:Emerald Engineering, 18600 Main Street, #160, Huntington Beach, CA 92648
LOCATION:7262 Garfield Avenue (south side of Garfield Avenue, east of Gothard Street)
NO. OF ACRES:0.636 acres
SURETY:SureTec Insurance Company, 3131 Camino Del Rio N, Suite 1450, San Diego, CA
92108
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Public Works Commission Action: Not required.
Environmental Status:
This recommended action is a ministerial act, and is exempt from the requirements of the California
Environmental Quality Act, pursuant to State CEQA Guidelines, California Administrative Code, Title
14, Chapter 3, Section 15268(b).
Strategic Plan Goal:
Economic Development & Housing
Attachment(s):
1. Location Map
2. Notice of Acceptance of Public Improvements
3. Guarantee and Warranty Bond No. 4422016W
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City of Huntington Beach
File #:21-370 MEETING DATE:5/17/2021
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:
Accept bid and authorize execution of a construction contract with Elecnor Belco Electric,
Inc., in the amount of $357,636 for the construction of Traffic Signal Modifications at the
intersections of Warner Avenue at Graham Street (CC-1548), Warner Avenue at Nichols Lane
(CC-1550), and Brookhurst Street and Indianapolis Avenue (CC-1625), and authorize change
orders not to exceed 15 percent
Statement of Issue:
On April 20, 2021, bids were opened for the construction of traffic signal modifications at the
intersections of Warner Avenue at Graham Street, Warner Avenue at Nichols Lane, and Brookhurst
Street and Indianapolis Avenue. Staff requests that the City Council award the contract to Elecnor
Belco Electric, Inc., the lowest responsive and responsible bidder.
Financial Impact:
The engineer’s cost estimate for this project is $610.200. For the intersection of Warner Avenue and
Graham Street, funds in the amount of $67,000 are budgeted in Proposition 42 Account No.
21990425.82700 and $195,000 are budgeted in the Traffic Impact Fee Account No. 20690014.82700.
For the intersection of Brookhurst Street and Indianapolis Avenue, funds in the amount of $204,000
are budgeted in the Proposition 42 Account No. 21990424.82700. For the intersection of Warner
Avenue and Nichols Lane, funds in the amount of $144,200 are budgeted in Proposition 42 Account
No. 21985201.82700
Recommended Action:
A) Accept the lowest responsive and responsible bid submitted by Elecnor Belco Electric, Inc., in the
amount of $357,636; and,
B) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the
City Attorney; and,
C) Authorize the Director of Public Works to execute change orders not to exceed a total of 15
percent of the contract construction costs or $53,645, as required.
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Alternative Action(s):
Reject all bids and provide staff with alternative direction.
Analysis:
Three intersections were identified in the 2020/2021 Capital Improvement Program for modifications:
Warner Avenue and Graham Street
This intersection was identified for the installation of left turn arrows in all four directions as a safety
and capacity improvement. The existing left turn arrows operating in the east-west direction on
Warner Avenue will be modified as to only allow left turns on a green arrow. A protected-permissive
left turn operation will be installed in the north-south direction for Graham Street.
Warner Avenue and Nichols Lane
The existing conduit and circuitry at this intersection is severely deteriorated and experiences a high
frequency of maintenance issues. This project will replace conduits and rewire the intersection.
Along with these improvements, the east-west left turn phasing on Warner Avenue will be modified as
to only allow left turns on a green arrow.
Brookhurst Street and Indianapolis Avenue
The existing conduit and circuitry at this intersection is severely deteriorated and experiences a high
frequency of maintenance issues. This project will replace conduits and rewire the intersection. In
addition, there will be traffic signal head change-outs and safety lighting improvements.
A complete set of plans and specifications are available for review at the Public Works counter during
normal business hours.
Bids were opened on April 20, 2021 and are listed in ascending order:
Bidder Submitted Bid
1. Elecnor Belco Electric, Inc.$357,636.00
2. International Line Builders, Inc.$363,945.00
3. DBX, Inc.$372,389.00
4. Alfaro Communications Construction, Inc.$388,150.00
5. California Professional Engineering, Inc. $392,508.00
6. Crosstown Electrical & Data, Inc.$394,782.00
7. Ferreira Construction Co. Inc.$401,838.00
8. Select Electric, Inc.$420,500.00
9. Baker Electric, Inc.$423,057.00
10. Asplundh Construction, LLC $556,600.00
The total estimated cost of this project is $610,200, as outlined below:
Bid $357,636
15% Construction Contingency $ 53,645
City Furnished Equipment $163,919
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Construction Administration/Material Testing $ 35,000
Total $610,200
Staff is requesting that the Director of Public Works be given authorization to approve change orders
up to 15 percent of the construction bid on this project. This amount is approximately equal to the
typical 10 percent contingency, based on the total of the construction contract and the materials
purchased by the City. This authorization will provide the added flexibility needed to complete a
typical construction project, yet still be consistent with the intent of the 10 percent limit.
Public Works Commission Action:
The Public Works Commission recommended this project on March 17, 2021, by a vote of 6-0-1
(Nguyen absent).
Environmental Status:
This project is categorically exempt pursuant to the California Environmental Quality Act, Section
15303 (c).
Strategic Plan Goal:
Infrastructure & Parks
Attachment(s):
1. Project Location Map
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City of Huntington Beach
File #:21-372 MEETING DATE:5/17/2021
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:
Accept bid and authorize execution of a construction contract with Elecnor Belco Electric,
Inc., in the amount of $626,451 for the construction of Fiber Optic Communications from City
Hall to Pier Plaza, CC-1621
Statement of Issue:
On April 20, 2021, bids were opened for the construction of fiber optic communications from City Hall
to Pier Plaza. City Council action is requested to award the contract to Elecnor Belco Electric, Inc.,
the lowest responsive and responsible bidder.
Financial Impact:
The engineer’s cost estimate for this project is $781,096. Funds in the amount of $216,148 are
budgeted in Public, Educational and Government (PEG) Access Channels Account No.
24330101.82800; $370,000 is budgeted in Energy Efficient Fund Account No. 80787002.82000; and
$194,948 is budgeted in the Infrastructure Account No. 31440001.82800.
Recommended Action:
A) Accept the lowest responsive and responsible bid submitted by Elecnor Belco Electric, Inc., in the
amount of $626,451; and,
B) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the
City Attorney.
Alternative Action(s):
Reject all bids and provide staff with alternative direction.
Analysis:
The Information Services Division of the Administrative Services Department, in consultation with the
Public Works Department, identified the need to develop a fiber optic connection between City Hall
and City facilities in the downtown area. With the installation of new fiber optic cable and conduit,
Pier Plaza, the Police Department substation on Fifth Street, the Main Street Library branch, the Art
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Center, and Lake Street Fire Station will have a direct fiber optic connection to City Hall.
The project, which is included in the Fiscal Year 2020-21 Capital Improvement Program budget, will
improve connectivity between City Hall and City facilities in the downtown area. The need for these
improvements is identified in the Fiber and Communications Master Plan.
Bids were opened on April 20, 2021 and are listed in ascending order:
Bidder Submitted Bid Corrected Bid
1. Elecnor Belco Electric, Inc.$ 626,451.00
2. Alfaro Communications Construction, Inc.$ 637,485.00 $637,489.00
3. DBX, Inc.$ 642,457.00
4. Servitek Electric, Inc.$ 695,364.00
5. Crosstown Electrical & Data, Inc.$ 719,858.00
6. Ferreira Construction Co. Inc.$ 771,921.00
7. International Line Builders, Inc.$ 949,956.00 $949,906.00
8. Select Electric, Inc.$1,006,345.00
9. Asplundh Construction, LLC $1,091,705.20
10. Henkels & McCoy, Inc.$1,762,330.08
The total estimated cost of this project is $781,096, as outlined below:
Bid $626,451
10% Construction Contingency $ 62,645
City Furnished Equipment $ 30,000
Construction Administration $ 62,000
Total $781,096
Public Works Commission Action:
The Public Works Commission recommended this project on March 17, 2021, by a vote of 6-0-1
(Nguyen absent).
Environmental Status:
This project is categorically exempt pursuant to the California Environmental Quality Act, Section
15303(c).
Strategic Plan Goal:
Infrastructure & Parks
Attachment(s):
1. Project Location Map
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City of Huntington Beach
File #:21-376 MEETING DATE:5/17/2021
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:
Award and authorize execution of a construction contract in the amount of $197,808.48 to
Prestige Striping Services, Inc., for the Alley Rehabilitation Project, CC-1617, and authorize
change orders not to exceed 20 percent
Statement of Issue:
On April 22, 2021, bids were opened for the Alley Rehabilitation Project, CC-1617. Staff requests
that the City Council award the contract to Prestige Striping Services, Inc., the lowest responsive and
responsible bidder.
Financial Impact:
Funds for the project are available in the Infrastructure Fund Account No. 31440003.82300. The total
estimated project cost is $300,000, which includes the construction contract, 20% contingency, and
supplemental expenses.
Recommended Action:
A) Accept the lowest responsive and responsible bid submitted by Prestige Striping Services, Inc., in
the amount of $197,808.48; and,
B) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the
City Attorney; and,
C) Authorize the Director of Public Works to approve up to twenty percent (20%) in construction
change orders, as required.
Alternative Action(s):
Reject all bids and provide staff with alternative direction.
Analysis:
The City hired a consultant to evaluate the condition of all publicly-maintained alleys utilizing the
same methodology in the City’s adopted Pavement Management Program. The consultant
determined that the subject alley, located north of Heil Avenue between Del Mar Avenue and Graham
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determined that the subject alley, located north of Heil Avenue between Del Mar Avenue and Graham
Street, had a Pavement Condition Index (PCI) of 6. For reference purposes, PCI values ranging
between 86 and 100 are considered to be in “Very Good” condition; whereas PCI values between 0
and 40 are considered to be in “Very Poor” condition.
The project’s scope of work will be to remove and replace the existing asphalt concrete pavement
and concrete v-gutter, with ancillary work as necessary.
Bids were opened publicly on April 22, 2021. Staff reviewed the bid package received from Prestige
Striping Services, Inc., verified the total amount bid, and found their documentation and references to
be acceptable. Given the relatively low bid amount, a twenty percent contingency is requested to
cover additional construction costs, which may arise due to unforeseen conditions.
The verified bid amounts are listed below:
Final
Rank
Bidder Verified Bid
Amount
1 Prestige Striping Services, Inc. $197,808.48
2 All American Asphalt $199,931.00
3 Sequel Contractors, Inc. $222,070.00
4 Onyx Paving Co. $234,000.00
5 R.J. Noble Company $235,598.00
6 Heed Engineering $273,298.00
7 Fame Legacy $280,282.38
8 Hardy & Harper, Inc. $282,000.00
9 Beador Construction Company $296,300.00
10 Towo Enterprise, Inc. $296,340.00
11 Excel Paving $298,708.00
12 Vido Samarzich, Inc.$681,260.00
The total estimated cost of this project is $300,000, as outlined below:
Bid $197,808.48
20% Construction Contingency $ 19,780.84
Supplemental Expenses $ 82,410.68
Total Estimated Cost $300,000.00
Public Works Commission Action:
The Public Works Commission reviewed and approved CC-1617 on March 17, 2021, with a vote of 6-
0-1 (Nguyen absent).
Environmental Status:
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This project is categorically exempt pursuant to Class 1, Section 15301(c) of CEQA.
Strategic Plan Goal:
Infrastructure & Parks
Attachment(s):
1.Location Map
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RESIDENTIAL ALLEY REHABILITATION, CC-1617LOCATION MAP66
City of Huntington Beach
File #:21-411 MEETING DATE:5/17/2021
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:
Approve and Authorize execution of Amendment No. 1 to the Professional Services
Agreement with IK Consulting for as-needed Project Management and Implementation
Services
Statement of Issue:
The City has implemented the Accela Citizen Access (ACA) online permit and application processing
system that is available to the public 24 hours a day 7 days a week. This new virtual platform
provides automated online access to eight City Permitting functions including Building, Code
enforcement, Business license, Fire Department permits and inspections, Engineering Permits and
Inspection, Urban Runoff Permits and Inspections, and Online Payment Processing. Through this
system residents, businesses, contractors and developers are able to request permits, process
permits, perform payments, receive permits, request inspections, and receive final permit approvals.
During the implementation and over the past year working in a virtual environment due to COVID-19
there are additional improvements and online public access opportunities that have been identified.
This includes increased access for code enforcement requests, expanded community access for Fire
Department permits and notices, and providing an online certification process of required
maintenance of Public Works permits. The proposed on-call services contract with IK Consulting,
LLC will provide the technical professional services needed to implement these upgrades and other
future modifications.
Financial Impact:
Funding has been included in the Fiscal Year 2020/21 budget in Non-Departmental Equipment
Replacement account number 32440217.69365.
Recommended Action:
Approve and authorize the Mayor and City Clerk to execute “Amendment No. 1 to Professional
Services Contract between the City of Huntington Beach and IK Consulting, LLC for Project
Management and Implementation Services” extending the contract term by one year and increasing
the on-call contract amount not to exceed $480,000.
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Alternative Action(s):
Do not authorize the contracts and direct staff with an alternate action
Analysis:
The City has recently completed a five year long effort developing and implementing the Accela
Enterprise Land Management (ELM) System that has provided an online permit and application
processing system that is available to the public 24 hours a day 7 days a week. This new virtual
platform provides automated online access to eight City Permitting functions including Building, Code
enforcement, Business license, Fire Department permits and inspections, Engineering Permits and
Inspection, Urban Runoff Permits and Inspections, and Online Payment Processing. Through this
system residents, businesses, contractors and developers are able to request permits, process
permits, complete payments, receive permits, request inspections, and receive final permit approvals.
Additionally the programs has automated the coordination and processing permits.
During the implementation and lessons learned over the past year working in a virtual environment
due to COVID-19, additional functionality were identified to enhance the customer online access of
documents and functions across multiple permit applications which include the following:
·Provide enhanced Building Permit functionality including electronic job cards, automatic
defaults for plan check corrections, and provide required automated turnaround permits
review.
·Enhance online functions for code enforcement complaints and provide access of case
records.
·Provide businesses and developer online access for Fire inspection, tests, and maintenance
requirements and notices of non-compliance.
·Enhance the Fire permitting process to include state mandated inspection requirements.
·Provide online self-certification module for Urban Runoff permit where maintenance and
inspection for structural treatment controls are required.
·Provide online processing of Certificates of Compliance.
·Provide additional records for Public Works permitting including haul routes, cross connection
inspections and checklists, and grading plan check log.
·Provide online access to additional Public Works records including final parcel and tract maps,
Street vacations.
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·Provide process streamlining for business license applications.
In 2019 the City entered in to a Professional Services Contract with IK Consulting, LLC for $180,000
for staff augmentation during the development and implementation of the Accela ELM program. The
proposed contract amendment will provide on-call services up to $300,000 and extend the contract
one additional year through September 2, 2023. This will provide the technical support as system
improvements are identified and if new permitting requirements such as short term rentals are
required.
Environmental Status:
Not applicable
Strategic Plan Goal:
Community Engagement
Attachment(s):
1. Amendment No. 1 To Professional Services Contract Between the City of Huntington Beach
and IK Consulting, LLC, for Project Management and Implementation Services
2. Professional Services Contract between the City of Huntington Beach and IK Consulting, LLC
for Project Management and Implementation Services
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City of Huntington Beach
File #:21-379 MEETING DATE:5/17/2021
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:
Consider the Appeal of Planning Commission Denial of Zoning Text Amendment (ZTA) No. 21-
002 (Environmental Assessment Committee and Subdivision Committee) and approve for
introduction Ordinance No. 4230 amending the Municipal Code and Zoning and Subdivision
Code to eliminate the Environmental Assessment Committee and Subdivision Committee
Statement of Issue:
The proposed Zoning Text Amendment, in conjunction with the proposed municipal code
amendments, would amend the Huntington Beach Municipal Code and Zoning and Subdivision
Ordinance to eliminate the Environmental Assessment Committee and Subdivision Committee to
streamline the entitlement process. Staff recommended approval of the Zoning Text Amendment with
suggested findings to the Planning Commission. On April 27, 2021, the Planning Commission voted
to deny the Zoning Text Amendment. City Council Member Dan Kalmick filed an appeal of the
Planning Commission’s decision on April 27, 2021.
Financial Impact:
Not applicable.
Recommended Action:
It is recommended that the City Council take the following action:
A) Find that the municipal code amendments and Zoning Text Amendment No. 21-002 are
categorically exempt from the California Environmental Quality Act pursuant to Section 15061(b)(3)
(General Rule) of the CEQA Guidelines, because there is no potential for the project to have a
significant effect on the environment; and,
B) Approve the municipal code amendments and Zoning Text Amendment No. 21-002 with findings
(Attachment No. 1); and,
C) Approve for introduction Ordinance No. 4230, “An Ordinance of the City Council of the City of
Huntington Beach Amending Chapters 2.33, and 2.56 of the Huntington Beach Municipal Code;
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Chapters 240, 248, 250 and 251 of the Huntington Beach Zoning and Subdivision Code Removing All
References to the Subdivision and Environmental Assessment Subcommittees (Zoning Text
Amendment No. 21-002).” (Attachment No. 2)
Alternative Action(s):
A) Uphold the Planning Commission’s Action and Deny Zoning Text Amendment No. 21-002 and
deny the municipal code amendments; or
B) Continue Zoning Text Amendment No. 21-002 and the municipal code amendments and direct
staff accordingly.
Analysis:
A.PROJECT PROPOSAL:
Applicant: City of Huntington Beach
Appellant: City Council Member Dan Kalmick
Zoning Text Amendment (ZTA) No. 21-002 is a request to amend the Huntington Beach Municipal
Code (HBMC) and Huntington Beach Zoning and Subdivision Ordinance (HBZSO) to eliminate
the Environmental Assessment Committee and Subdivision Committee to streamline the
entitlement process.
A description of the proposed ZTA as well as a General Plan and Zoning conformance analysis
can be found in the April 27, 2021, Planning Commission staff report (Attachment No. 4).
In addition to the amendments proposed in ZTA No. 21-002, amendments to the HBMC would be
needed in order to implement the City Council’s direction, in conjunction with the HBZSO
amendments. The HBMC amendments are as follows:
HBMC Section 2.33.030.E
E. Provide staff services and support to the Planning Commission, Zoning Administrator, Design
Review Board, Environmental Board,Subdivision Committee,Environmental Assessment
Committee,and other committees, subcommittees, boards and commissions pertaining to
planning.
HBMC Section 2.56.030.D
D. Assists boards, commissions and committees which encourage, foster, promote and facilitate
the objectives of the department including, but not limited to, the Planning Commission,
Community Services Commission, Public Works Commission,Subdivision Committee,Board of
Zoning Adjustments, or appoints deputy so to assist.
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B.BACKGROUND:
On April 27, 2021, the Planning Commission held a public hearing to consider Zoning Text
Amendment No. 21-002. There were no speakers at the public hearing and no written comments
were received. Staff recommended approval of the Zoning Text Amendment,because it is
consistent with City Council direction and with the economic development strategy of the General
Plan. In addition, it addresses a community need to reduce the processing time of projects,
which could facilitate the development of new projects and increase sales tax revenues,and
eliminates unnecessary committees.
At the public hearing, the Planning Commission brought up the following issues:
§Role of the committees
§Types of projects under committee review
§Level of staff review of environmental documents
§Objectivity of environmental determination
§Time savings without these committees
§Need for public participation
After deliberations, the Planning Commission denied the Zoning Text Amendment.
Planning Commission Action on April 27, 2021:
A motion was made by Ray, seconded by Acosta-Galvan, to recommend to the City Council
approval of Zoning Text Amendment No. 21-002 carried by the following vote:
AYES: Acosta-Galvan, Ray, Rodriguez
NOES: Mandic, Perkins, Scandura, Van Der Mark
ABSTAIN: None
ABSENT: None
MOTION FAILED
C.APPEAL:
On April 27, 2021, City Council Member Dan Kalmick appealed the Planning Commission’s denial
of Zoning Text Amendment. He believes the Planning Commission was in error in denying the
Zoning Text Amendment and acted contrary to the policy direction of the City Council (Attachment
No. 5).
D.SUMMARY:
Staff is recommending approval of the municipal code amendments and ZTA No. 21-002, based
on the following reasons:
1.It is consistent with City Council direction.
2.It is consistent with the economic development strategy of the General Plan.
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3.It addresses a community need to reduce the processing time of projects, which could
facilitate the development of new projects and increase sales tax revenues.
4.It removes redundancy in the entitlement process and eliminates unnecessary
committees.
Environmental Status:
The proposed municipal code amendments and Zoning Text Amendment No. 21-002 will not have
any significant effect on the environment and is categorically exempt from the California
Environmental Quality Act pursuant to Section 15061(b)(3) (General Rule) of the CEQA Guidelines,
because there is no potential for the amendment to the HBMC and HBZSO to have a significant effect
on the environment.
Strategic Plan Goal:
Economic Development & Housing
Attachment(s):
1. Suggested Findings of Approval - Zoning Text Amendment No. 21-002
2. Draft City Council Ordinance No. 4230
3. Zoning Text Amendment No. 21-002 Legislative Draft
4. April 27, 2021 Planning Commission Staff Report
5. Appeal of Planning Commission Denial received April 27, 2021
6. Excerpt of March 15, 2021 City Council Minutes
7. City Council Member Kalmick Memorandum dated March 15, 2021
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Attachment No. 1.1
ATTACHMENT NO. 1
SUGGESTED FINDINGS OF APPROVAL
ZONING TEXT AMENDMENT NO. 21-002
SUGGESTED FINDINGS FOR PROJECTS EXEMPT FROM CEQA:
Zoning Text Amendment No. 21-002 is categorically exempt from the California
Environmental Quality Act pursuant to Section 15061(b)(3) (General Rule) of the CEQA
Guidelines because there is no potential for the amendment to the Huntington Beach
Municipal Code and Huntington Beach Zoning and Subdivision Ordinance to have a
significant effect on the environment.
SUGGESTED FINDINGS FOR APPROVAL - ZONING TEXT AMENDMENT NO. 21-
002:
1. Zoning Text Amendment No. 21-002 to amend the Huntington Beach Municipal
Code and Huntington Beach Zoning and Subdivision Ordinance to eliminate the
Environmental Assessment Committee and Subdivision Committee is consistent
with the economic development strategy of the General Plan to update the
Huntington Beach Zoning and Subdivision Ordinance to ensure the development
regulations and land controls reflect the City’s economic development goals. The
proposed Zoning Text Amendment will reduce the processing time of projects and
could facilitate the development of new projects and increase sales tax revenues.
2. Zoning Text Amendment No. 21-002 is compatible with the uses authorized in, and
the standards prescribed for, the zoning district for which it is proposed because it
does not propose any new land uses or revise development standards.
3. A community need is demonstrated for the change proposed because the Zoning
Text Amendment will reduce the processing time of projects, which could facilitate
the development of new projects and increase sales tax revenues.
4. Its adoption will be in conformity with public convenience, general welfare and good
zoning practice because the Zoning Text Amendment will reduce the processing
time of projects.
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City of Huntington Beach
File #:21-272 MEETING DATE:4/27/2021
PLANNING COMMISSION STAFF REPORT
TO:Planning Commission
FROM:Ursula Luna-Reynosa, Director of Community Development
BY:Tess Nguyen, Associate Planner
SUBJECT:
ZONING TEXT AMENDMENT NO. 21-002 (ENVIRONMENTAL ASSESSMENT COMMITTEE AND
SUBDIVISION COMMITTEE)
REQUEST:
To amend the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) to
eliminate the Environmental Assessment Committee and Subdivision Committee
to streamline the entitlement process.
LOCATION:
Citywide
APPLICANT:
City of Huntington Beach
PROPERTY
OWNER:
Not applicable
BUSINESS
OWNER:
Not applicable
STATEMENT OF ISSUE:
1. Are the proposed amendments consistent with the City Council direction?
2. Does the project satisfy all the findings required for approval of a Zoning Text Amendment?
3. Has the appropriate level of environmental analysis been determined?
RECOMMENDATION:
That the Planning Commission take the following actions:
A) Find that Zoning Text Amendment (ZTA) No. 21-002 is categorically exempt from the California
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A) Find that Zoning Text Amendment (ZTA) No. 21-002 is categorically exempt from the California
Environmental Quality Act pursuant to Section 15061(b)(3) (General Rule) of the CEQA
Guidelines because there is no potential for the project to have a significant effect on the
environment (Attachment No. 1).
B) Recommend approval of Zoning Text Amendment No. 21-002 with findings (Attachment No. 1)
by approving draft City Council Ordinance No. 4230 and forward to the City Council for
consideration.
ALTERNATIVE ACTION(S):
A) Do not recommend approval of Zoning Text Amendment No. 21-002 to the City Council.
B) Continue Zoning Text Amendment No. 21-002 and direct staff accordingly.
PROJECT PROPOSAL:
At the City Council’s 2021 Strategic Planning workshop, assessing the City’s overall structure for its
boards and commissions was one of the approved goals. A City Council Ad Hoc Committee has
been appointed to evaluate boards and commissions and make recommendations to the City
Council. However, at the March 15, 2021 City Council meeting, Council Member Kalmick introduced
an H Item to eliminate the Environmental Assessment Committee and Subdivision Committee to help
streamline existing City processes for those looking to develop or redevelop their properties. The
Council voted to direct staff to undertake the steps necessary to eliminate these committees. This
item is the first step in that process where the Planning Commission is asked to consider
recommending approval for the zoning text amendment for the reasons outlined in this staff report.
Environmental Assessment Committee
The Environmental Assessment Committee (EAC) consists of one staff member from the Community
Development Department, Public Works Department, and City Attorney’s Office. The EAC reviews
environmental documentation for projects that are not otherwise exempt from the California
Environmental Quality Act (CEQA) and provides recommendations to the decision making body as to
the efficacy of the environmental documentation.
The Environmental Assessment Committee process is as follows:
1. Staff prepares or causes the preparation of the environmental document (Negative
Declaration, Mitigated Negative Declaration, or Environmental Impact Report).
2. The EAC determines if the environmental document is appropriate and makes
recommendations to the decision making body.
3. The public is provided an opportunity to review the environmental document prior to a final
decision.
Pursuant to City Council direction, Staff has reviewed the EAC process and proposes to eliminate the
EAC review process. In general, the EAC provides redundant and unnecessary review which can
add lengthy processing time that can unnecessarily delay projects. We recommend elimination of
the EAC,in part, because the three departments that have representatives on the EAC are already
intimately involved in the preparation and review of environmental documents associated with a
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intimately involved in the preparation and review of environmental documents associated with a
“project”. Then the departments’ EAC member votes on the same documents their department
prepared and reviewed. Essentially, staff drafts and reviews documents that they then ultimately vote
on. While this process has not been challenged, it begs the question as to whether a fair process
can exist where staff acts as the drafter, reviewer, and arbiter of the sufficiency of the environmental
documents.
Elimination of the EAC does not preclude the public an opportunity to comment on the environmental
document.During the public hearing by the decisions making body (e.g. Zoning Administrator,
Planning Commission) a final decision to adopt or deny the environmental document will be made
and the public has a final opportunity to provide public testimony.Depending on which environmental
document is prepared (e.g. Negative Declaration, Mitigated Negative Declaration, or Environmental
Impact Report), there are other opportunities for public comment prior to the public hearing.
Finally, there is no legal requirement that the EAC exists.
Subdivision Committee
The Subdivision Committee consists of three members of the Planning Commission and a
representative from the following departments; Community Development, Public Works, and Fire.
The Subdivision Committee reviews tentative tract maps to ensure compliance with the provisions of
the Subdivision Map Act, Local Coastal Program (if applicable) and General Plan, and recommends
approval, disapproval, or conditional approval of tentative tract maps to the decision making body.
The Subdivision Committee holds a hearing when a property is to be subdivided into five or more
parcels.
The Subdivision Committee process is as follows:
1. Staff reviews subdivision maps for compliance and prepares code requirements, suggested
findings, and suggested conditions of approval.
2. The Subdivision Committee considers the information provided by Staff and makes
recommendations to the decision making body.
Pursuant to City Council direction, Staff has reviewed the the subdivision mapping process and
proposes to eliminate the the Subdivision Committee. In general, the Subdivision Committee
process is redundant as tentative tract maps are already reviewed by all departments for compliance
with applicable standards and policies. The Subdivision Committee relies on staff for information in
order to make its recommendations. Including a Subdivision Committee to the subdivision mapping
process adds an additional step to the process and adds little, if any, value. The required findings are
fairly straightforward with objective standards.
On March 15, 2021 the City Council unanimously directed staff to prepare the necessary
amendments to the Huntington Beach Municipal Code and Huntington Beach Zoning and Subdivision
Ordinance to eliminate both the Environmental Assessment Committee and Subdivision Committee
(Attachments Nos. 4 and 5).
ISSUES AND ANALYSIS:
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General Plan Conformance:
The Zoning Text Amendment is consistent with the economic development strategy of the General
Plan to update the Huntington Beach Zoning and Subdivision Ordinance to ensure that development
regulations and land use controls reflect the City’s economic development goals. The proposed
Zoning Text Amendment will reduce the processing time of projects and could facilitate the
development of new projects and increase sales tax revenues.
Zoning Compliance:
Zoning Text Amendment No. 21-002 includes the following amendments to the Huntington Beach
Zoning and Subdivision Ordinance (HBZSO) to implement the City Council’s direction (Attachment
No. 3):
HBZSO Section 240.04.B
B.Establishment of Environmental Assessment Committee.There is hereby established an
Environmental Assessment Committee consisting of the Director of Community
Development,the Director of Public Works,and the City Attorney,or a designated
representative of each. A quorum shall require at least two members.
HBZSO Section 240.04.C
C.The Environmental Assessment Committee shall have responsibility for evaluating the
environmental impact of all discretionary projects,determine the appropriate
environmental documentation required for compliance with CEQA and make
recommendations to the discretionary body to adopt or deny a negative declaration or
environmental impact report, consistent with state and local law.
HBZSO Section 248.16
A decision on a discretionary approval is not final until the time for appeal expires. The
time for appeal from a decision by the Zoning Administrator,the Environmental
Assessment Committee,Subdivision Committee, Design Review Board, or the Planning
Commission shall be filed within 10 calendar days after the date of the decision.
Appeals may not be processed on actions which must be heard by and receive final
action by the City Council, except that Coastal Development Permits for development
located in the appealable area of the coastal zone may be appealed to the Coastal
Commission as described in Section 245.32.
HBZSO Section 248.18
The Planning Commission shall hear an appeal from the decision of the director, Zoning
Administrator,and Design Review Board,Environmental Assessment Committee,and
Subdivision Committee. The City Council shall hear an appeal from the decision of the
Planning Commission. The decision of the City Council is final, except that Coastal
Development Permits for development located in the appealable area of the coastal
zone may be appealed to the Coastal Commission.
HBZSO Section 248.22
An applicant may appeal the failure of the Zoning Administrator, Design Review Board,
Environmental Assessment Committee,Subdivision Committee or Planning
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Commission to act on an application if the failure to act continues beyond a reasonable
time and the time to act is not otherwise fixed by law. The appeal body shall consider all
of the circumstances surrounding the application in determining what is a reasonable
time.
HBZSO Section 248.28.A
A. A City Council member or a Planning Commissioner may appeal a decision of the
director, Design Review Board,Environmental Assessment Committee,Subdivision
Committee, Planning Commission or Zoning Administrator. The appeal shall be
processed in the same manner as an appeal by any other person but need not be
accompanied by the fee prescribed for an appeal.
HBZSO Section 250.10
Subdivision Committee. The Subdivision Committee of the City of Huntington Beach.
HBZSO Section 250.12.G
G.Subdivision Committee.The Subdivision Committee’s responsibilities shall include
examining and determining that tentative and vesting tentative maps comply with the
provisions of the Subdivision Map Act,this title,the Local Coastal Program for maps
located within the coastal zone,and the City’s General Plan,and recommending
approval,disapproval,or conditional approval of tentative or vesting tentative maps to
the Planning Commission or Zoning Administrator.
The Subdivision Committee shall consist of the following members or their authorized
representatives:
1. The director who shall serve as chairperson and secretary;
2. The City Engineer;
3. The Fire Chief; and
4. Three members of the Planning Commission.
Representatives from other departments shall attend meetings when requested to do
so by the Subdivision Committee.
HBZSO Section 251.08.A
A.Subdivision Committee.Whenever a property is to be subdivided into five or more
parcels,the Subdivision Committee may hold a public hearing prior to reporting on the
tentative map for said subdivision.Notice of the time and place thereof,including a
general description of the subject matter shall be given at least 10 days before the
hearing.Copies of said notice shall be mailed to the subdivider,engineer,and property
owner of the property proposed for subdivision.Notice shall also be given to each local
agency expected to provide water,sewage,streets,schools,or other essential facilities
or services to the subdivision.
In addition to the amendments proposed in ZTA No. 21-002, amendments to the Huntington Beach
Municipal Code (HBMC) are proposed to implement the City Council’s direction (Attachment No. 3)
and would be provided to the City Council for consideration in conjunction with the HBZSO
amendments proposed in ZTA No. 21-002. The HBMC amendments are as follows:
HBMC Section 2.33.030.E
E. Provide staff services and support to the Planning Commission, Zoning Administrator,City of Huntington Beach Printed on 4/22/2021Page 5 of 7
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E. Provide staff services and support to the Planning Commission, Zoning Administrator,
Design Review Board, Environmental Board,Subdivision Committee,Environmental
Assessment Committee,and other committees, subcommittees, boards and
commissions pertaining to planning.
HBMC Section 2.56.030.D
D. Assists boards, commissions and committees which encourage, foster, promote and
facilitate the objectives of the department including, but not limited to, the Planning
Commission, Community Services Commission, Public Works Commission,
Subdivision Committee, Board of Zoning Adjustments, or appoints deputy so to assist.
The Zoning Text Amendment implements the economic development strategy of the General Plan.
The Zoning Text Amendment does not propose any new land uses or revise development standards.
It addresses a community need to reduce the processing time of projects, which could facilitate the
development of new projects and increase sales tax revenues.
Urban Design Guidelines Conformance:
Not applicable.
Environmental Status:
ZTA No. 21-002 will not have any significant effect on the environment and is categorically exempt
from the California Environmental Quality Act pursuant to Section 15061(b)(3) (General Rule) of the
CEQA Guidelines, because there is no potential for the amendment to the HBMC and HBZSO to
have a significant effect on the environment.
Coastal Status:
The proposed amendment will be forwarded to the California Coastal Commission as a minor Local
Coastal Program Amendment for certification.
Design Review Board:
Not applicable.
Subdivision Committee:
Not applicable.
Other Departments Concerns and Requirements:
Not applicable.
Public Notification:
Legal notice was published in the Huntington Beach Wave on April 15, 2021 and notices were sent to
individuals and organizations requesting notification (Planning Division’s Notification Matrix). As of
April 20, 2021, no communications regarding the request have been received.
Application Processing Dates:
DATE OF COMPLETE APPLICATION:MANDATORY PROCESSING DATE(S):
Not applicable Legislative Action - Not applicable
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SUMMARY:
Staff is recommending approval of ZTA No. 21-002 based on the following reasons:
1. It is consistent with City Council direction.
2. It is consistent with the economic development strategy of the General Plan.
3. It addresses a community need to reduce the processing time of projects, which could
facilitate the development of new projects and increase sales tax revenues.
ATTACHMENTS:
1. Suggested Findings of Approval - ZTA No. 21-002
2. Draft City Council Ordinance No. 4230
3. ZTA No. 21-002 Legislative Draft
4. Excerpt of March 15, 2021 City Council Minutes
5.City Council Member Kalmick memorandum dated March 15, 2021
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TELEPHONE (714) 536-5553
City of Huntington Beach
2000 MAIN STREET CALIFORNIA 92648
Dan Kalmick
City Council Member
4/27/2021
Appeal of Planning Commission Decision ZTA 21-002
I am formally appealing the decision of the Planning Commission of ZTA 21-002. I believe
the Planning Commission was in error in denying this item and acted contrary to the policy
direction of the City Council.
111
Council/PFA Regular Minutes
March 15, 2021
Page 15of17
21. 21-242 Item Submitted by Councilmember Kalmick Approved -Elimination of two staff
level committees -Environmental Assessment Committee (EAC) and Subdivision
Committee
Councilmember Kalmick explained his opinion that the Subdivision Committee, which consists of staff
and Planning Commissioners, was functional when created, but at this point, it just creates additional
hurdles that increase project costs. He stated his intention is to ask staff to eliminate the Committee and
change necessary code and policy.
Councilmember Kalmick described the Environmental Assessment Committee (EAC) as three staff
members, including the City Attorney, holding a public meeting to discuss a position they have taken. He
explained his opinion that the Brown "Open Meetings" Act does not apply to the EAC because it is
composed of staff members, and they should just file a Notice of Action . He added that no one could say
anything at an EAC meeting that would change a project outcome.
Councilmember Delgleize stated her support for the item because the issues discussed by these
Committees are public and transparent with other options available in the process for the public to
address any concerns.
Councilmember Posey stated his support for this item and shared his opinion this action dovetails with
approved Consent Calendar Item No. 17 (21-221) regarding establishing an Ad-Hoc Committee to
perform a formal review of the City's current Boards, Commission, and Committee structure.
Councilmember Posey confirmed with Councilmember Kalmick that they are not aware of either of these
Committee decisions ever being overturned .
Mayor Carr, Councilmember Kalmick and Chief Assistant City Attorney Vigliotta discussed the fact that
they do not ever recall any members of the public attending any of these Committee meetings. Director
Luna-Reynosa explained that for the Subdivision Committee, the action is a tentative tract map that goes
before the Planning Commission with a Notice of Public Hearing for public input. The Planning
Commission's recommendation goes before the City Council with another opportunity for public
comment. She further stated that the EAC process follows the same path with several other
opportunities for public input, and explained that most other cities do not have comparable committees.
Councilmember Mosey stated her opinion that these committees appear to be redundant and therefore
she supports the item .
Councilmember Kalmick and Director Luna-Reynosa discussed the multiple opportunities the public has
to be involved in these processes , and confirmed that Environmental Impact Reports , Negative, and
Mitigated Declarations are disclosure documents which include public participation.
A motion was made by Kalmick, second Delgleize to recommend that the City Council direct staff to
prepare the ordinances and/or resolutions necessary to comply with relevant State law to eliminate both
the EAC and the Subdivision Committee and to roll those existing functions into the appropriate review
body.
The motion carried by the following vote:
AYES:
NOES:
Peterson , Kalmick , Ortiz, Carr, Posey, Moser, and Delgleize
None
112
CITY OF HUNTINGTON BEACH
CITY COUNCIL MEETING – COUNCIL MEMBER ITEMS REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: DAN KALMICK, CITY COUNCIL MEMBER
DATE: MARCH 15, 2021
SUBJECT: ELIMINATION OF TWO STAFF LEVEL COMMITTEES – ENVIRONMENTAL
ASSESSMENT COMMITTEE AND SUBDIVISION COMMITTEE
BACKGROUND
As part of the City Council’s 2021 Strategic Planning workshop held on January 5, 2021, one of
the approved goals involved assessing the City’s overall structure for its boards and commissions.
In line with that identified objective, there are two committees that I believe can be eliminated
quickly, which if approved would help to streamline existing City processes while also cutting red
tape for those looking to develop or redevelop their properties.
The Environmental Assessment Committee (EAC) – not to be confused with the Environmental
Board – is comprised of one staff member each from the Community Development Department,
Public Works Department, and the City Attorney’s Office. The EAC typically examines a project
very early in the process so that the appropriate CEQA document and public review period can
be advertised prior to action by the higher decision-making body. However, such a determination
is wholly made by staff via existing regulations and does not need to be coordinated through an
additional formalized EAC process.
The Subdivision Committee (which I served on as a Planning Commissioner, and which I attended
a few times during the past eight years) consists of three Planning Commissioners and a
representative from the Fire, Public Works, and Planning Departments. The body reviews each
tentative map for compliance with the Subdivision Map Act, as well as City standards and policies.
The Committee is advisory only and in my experience has been a pro forma body. If eliminated,
any approvals currently considered by the Subdivision Committee could be rolled into reviews by
the Zoning Administrator, the Planning Commission, and/or the City Council.
Eliminating both committees would streamline the entitlement process by eliminating several
currently required steps.
RECOMMENDED ACTION
I recommend that the City Council direct staff to prepare the ordinances and/or resolutions
necessary to comply with relevant State law to eliminate both the EAC and the Subdivision
Committee and to roll those existing functions into the appropriate review body.
113
City of Huntington Beach
File #:21-394 MEETING DATE:5/17/2021
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Oliver Chi, City Manager
PREPARED BY:Ursula Luna-Reynosa, Director of Community Development
Subject:
Adopt Resolution No. 2021-24 authorizing the City of Huntington Beach to join the Statewide
Community Infrastructure Program (SCIP); Authorizing the California Statewide Communities
Development Authority (CSCDA) to Accept Applications from Property Owners, Conduct
Special Assessment Proceedings and Levy Assessments and Special Taxes and to Form
Assessment Districts and Community Facilities Districts Within the Territory of the City of
Huntington Beach; Embodying a Joint Community Facilities Agreement Setting Forth the
Terms and Conditions of Community Facilities Districts Financings; Approving Form of
Acquisition Agreement for Use when Applicable; and Authorizing Related Actions
Statement of Issue:
The City Council is requested to consider the adoption of Resolution No. 2021-24 authorizing the City
to join the Statewide Community Infrastructure Program (SCIP) sponsored by the California
Statewide Communities Development Authority (CSCDA).
Financial Impact:
All bond obligations are the responsibility of CSCDA and not the City. The City is not taking any
financial obligation. Minimal staff time may be incurred by the initial formation and related functions
of the programs.
Recommended Action:
A) Conduct a public hearing to invite any interested members of the public to provide testimony
regarding the SCIP and proposed action; and,
B) Adopt Resolution No. 2021-24, “Resolution of the City Council of the City of Huntington Beach
Authorizing the City to Join the Statewide Community Infrastructure Program; Authorizing the
California Statewide Communities Development Authority to Accept Applications From Property
Owners, Conduct Special Assessment Proceedings and Levy Assessments and Special Taxes and to
Form Assessment Districts and Community Facilities Districts Within the Territory of the City of
Huntington Beach; Embodying a Joint Community Facilities Agreement Setting Forth the Terms and
Conditions of Community Facilities District Financings; Approving Form of Acquisition Agreement for
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Use When Applicable; and Authorizing Related Actions.”
Alternative Action(s):
Do not approve the proposed Resolution, and direct staff accordingly.
Analysis:
CSCDA is a joint powers authority sponsored by the League of California Cities and the California
State Association of Counties. The member agencies of CSCDA include approximately 391 cities
and 56 counties throughout California, including the City of Huntington Beach (the “City”).
The SCIP was instituted by the CSCDA in 2002 to allow owners of property in participating cities and
counties to finance development impact fees that would be payable by property owners upon
receiving development entitlements or building permits. The program has since been expanded to
include financing of public capital improvements directly and has further expanded to include
community facilities districts within the pooled financing structure. If a property owner chooses to
participate, the selected public capital improvements and the development impact fees owed to the
City will be financed by the issuance of tax-exempt bonds by CSCDA.
CSCDA will impose an assessment or special tax, as applicable on the owner’s property to repay the
portion of the bonds issued to finance any public improvements or development impact fees paid
associated with development of the property. With respect to impact fees, the property owner will
either pay the impact fees at the time of the permit issuance, and will be reimbursed from the SCIP
bond proceeds when the SCIP bonds are issued; or the fees will be funded directly from the
proceeds of the SCIP bonds. In the former case, the City will transfer the fees to SCIP, and in the
latter case, SCIP will hold the bond proceeds representing the fees. In both cases, the fees are
subject to requisition by the City at any time to make authorized expenditures. By holding and
investing the funds until they are spent, SCIP is able to monitor the investment earnings (which come
to the City) for federal tax law arbitrage purposes. In the event fees are paid by the property owner
and bonds are never issued, the fees are returned to the City by SCIP. In this way, the City is never
at risk for the receipt of the impact fees.
The benefits to the property owner include:
·Only property owners who choose to participate in the program will have assessments or
special taxes imposed on their property.
·Instead of paying cash for public capital improvements and/or development impact fees, the
property owners receive low-cost, long-term, tax exempt financing of those improvements
and/or fees, freeing up capital for other purposes.
·The property owner can choose to pay off the assessments or special taxes at any time.
·For homebuyers, paying for the costs of public infrastructure through an assessment or
special tax is superior to having those costs “rolled” into the cost of the home. Although the
tax bill is higher, the amount of the mortgage is smaller, making it easier to qualify. Moreover,
because the assessment/special tax financing is at tax-exempt rates, it typically comes at
lower cost than mortgage rates.
·Owners of smaller projects, both residential and commercial, can have access to tax-exempt
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·Owners of smaller projects, both residential and commercial, can have access to tax-exempt
financing of infrastructure. Before the inception of SCIP, only projects large enough to justify
the formation of an assessment or community facilities district had access to tax-exempt
financing.
The benefits to the City include:
·As in conventional assessment district and community facilities district financing, the City is
not liable to repay the bonds issued by CSCDA or the assessments or special taxes, as
applicable, imposed on the participating properties.
·CSCDA handles all district formation, district administration, bond issuance, and bond
administration functions. A participating city or county can provide tax-exempt financing to
property owners through SCIP while committing minimal staff time to administer the program.
·Providing tax-exempt financing helps participating cities and counties cushion the impact of
rising public capital improvements costs and development impact fees on property owners.
·The availability of financing will encourage developers to pull permits and pay fees in larger
blocks, giving participating jurisdictions immediate access to revenues for public infrastructure,
rather than receiving revenues over time. As part of the entitlement negotiation process, the
possibility of tax-exempt financing of fees can be used to encourage a developer to pay fees
up front.
·In some cases, the assessments or special taxes on successful projects can be refinanced
through refunding bonds. Savings achieved through refinancing may be directed back to the
participating jurisdiction for use on public infrastructure, subject to applicable federal tax
limitations.
The proposed resolution authorizes CSCDA to accept applications from owners of property within the
City’s jurisdiction to apply for tax-exempt financing of public capital improvements and development
impact fees through SCIP. It also authorizes CSCDA to form assessment districts and community
facilities districts within the City’s boundaries, conduct assessment and special tax proceedings and
levy assessments and special taxes against the property of participating owners. It approves the
form of an Acquisition Agreement, attached to the resolution as Exhibit B, to be entered into between
the City and the participating property owner/developer, if applicable, to provide the terms and
conditions under which financing for public capital improvements will be provided and to establish the
procedure for disbursement of bond proceeds to pay for completed facilities. It also authorizes
necessary related actions and makes certain findings and determinations required by law.
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).
Strategic Plan Goal:
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Economic Development & Housing
Attachment(s):
1. Resolution No. 2021-24 authorizing the City of Huntington Beach to join the Statewide
Community Infrastructure Program; Authorizing the California Statewide Communities
Development Authority to Accept Applications from Property Owners, Conduct Special
Assessment Proceedings and Levy Assessments and Special Taxes and to Form
Assessments Districts and Community Facilities Districts Within the Territory of the City of
Huntington Beach; Embodying a Joint Community Facilities Agreement Setting Forth the
Terms and Conditions of Community Facilities Districts Financings; Approving Form of
Acquisition Agreement for Use when Applicable; and Authorizing Related Actions
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City of Huntington Beach
File #:21-383 MEETING DATE:5/17/2021
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Oliver Chi, City Manager
PREPARED BY:Scott M. Haberle, Fire Chief
Subject:
Approve for Introduction Ordinance No. 4231 adding Section 17.48.050 to the Huntington
Beach Municipal Code Chapter to amend Subsection A of Section 690.13 of the California
Electrical Code
Statement of Issue:
The City Council is requested to approve Ordinance No. 4231 to add Section 17.48.050 to the
Huntington Beach Municipal Code Chapter, which will amend a subsection of the Section 690.13 of
the California Electrical Code related to the requirement of exterior electrical disconnects for
Photovoltaic Systems and Energy Storage Systems.
Financial Impact:
Not applicable.
Recommended Action:
Approve for introduction Ordinance No. 4231, “An Ordinance of the City Council of the City of
Huntington Beach Adding Section 17.48.050 to the Huntington Beach Municipal Code Chapter to
Amend Subsection A of Section 690.13 of the California Electrical Code.”
Alternative Action(s):
Do not approve the ordinance and direct staff accordingly.
Analysis:
The adoption of the Huntington Beach Municipal Code Chapter 17.48.050 Section 690.13A requires
the means to disconnect a photovoltaic and electrical energy storage system to be installed at a
readily accessible location on the exterior of the building. This section also requires a visible,open,
lockable AC disconnect to be located within three feet of the meter, photovoltaic disconnect, or as
required by the Building or Fire Code Official.
Energy Storage systems, such as Tesla Powerwalls, are often installed in combination with
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File #:21-383 MEETING DATE:5/17/2021
Energy Storage systems, such as Tesla Powerwalls, are often installed in combination with
photovoltaic systems. The California Fire Code and Electrical Code allow for energy storage
systems’ disconnect to be located directly on the storage system. In the event of a fire, this can be
problematic as these battery systems are typically installed inside a building, which requires
Huntington Beach Fire Department personnel to enter into a building to shut down any battery
storage system that are back-feeding the electrical system.
The single disconnect will give Fire personnel the ability to de-energize the primary power,
photovoltaic system, and energy storage systems at a single location outside the building.
The Legislative Draft showing the revisions to the Huntington Beach Municipal Code 17.48.050
Section 690.13A is included to Ordinance 4231 (Attachment 1).
Environmental Status:
The proposed ordinance amends existing Huntington Beach Municipal Code requirements related to
electrical disconnects for Photovoltaic and Energy Storage Systems,and would not result in direct or
indirect physical changes to the environment. As such, the proposed ordinance is exempt from the
California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3),
which exempts activities where it can be seen with certainty that there is no possibility that the activity
in question may have a significant effect on the environment.
Strategic Plan Goal:
Non Applicable - Administrative Item
Attachment(s):
1. Ordinance No. 4231, “An Ordinance of the City Council of the City of Huntington Beach Adding
Section 17.48.050 to the Huntington Beach Municipal Code Chapter to Amend Subsection A
of Section 690.13 of the California Electrical Code.”
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