HomeMy WebLinkAbout2021-08-03 Agenda Packet
AGENDA
City Council/Public Financing Authority
Tuesday, August 3, 2021
Closed Session – 5:00 PM
Regular Meeting – 6:00 PM
MAYOR AND CITY COUNCIL
KIM CARR, Mayor
BARBARA DELGLEIZE, Mayor Pro Tem
RHONDA BOLTON, Councilmember
DAN KALMICK, Councilmember
NATALIE MOSER, Councilmember
ERIK PETERSON, Councilmember
MIKE POSEY, Councilmember
Council Chambers
2000 Main Street
Huntington Beach, CA 92648
--or--
Virtual via Zoom Webinar
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.
IN-PERSON PUBLIC PARTICIPATION/ZOOM ACCESS: Members wishing to attend the meeting in person
are encouraged to wear a face covering unless fully vaccinated.
Alternate ways to view City Council meetings live or on-demand remain: livestreamed on HBTV Channel 3
(replayed on Wednesday’s at 10:00 a.m., and Thursday’s at 6:00 p.m.); live and archived meetings for on-
demand viewing accessed from https://huntingtonbeach.legistar.com/calendar; or, from any Roku, Fire TV or
Apple device by downloading the Cablecast Screenweave App and searching for the City of Huntington Beach
channel.
PUBLIC COMMENTS: At 6:00 PM, individuals wishing to provide a comment on agendized or non-agendized
items may do so in person by completing a Request to Speak form delivered to the City Clerk, or from a virtual
location by entering Zoom Webinar ID 971 5413 0528 via computer device, or by phone at (669) 900-6833. The
Zoom Webinar can be accessed here: https://huntingtonbeach.zoom.us/j/97154130528. Those 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, in-person attendees will be called to speak first. Speakers attending via Zoom 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. All speakers are encouraged, but not required to identify themselves
by name. Each individual 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 speakers. The Public Comment process will only be active during
designated portions of the agenda (Public Comments and/or Public Hearing). After a virtual speaker concludes
their comment, their microphone will be muted but they may remain in Webinar attendance for the duration of the
meeting.
1
Members of the public unable to personally participate in the meeting 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 Tuesday, August 3, 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.
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AGENDA August 3, 2021City Council/Public Financing
Authority
5:00 PM - COUNCIL CHAMBERS
CALL TO ORDER
ROLL CALL
Peterson, Bolton, Delgleize, Carr, Posey, Moser, Kalmick
Councilmember Peterson has requested permission to be absent pursuant to Resolution No.
2001-54
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution)
PUBLIC COMMENTS PERTAINING TO CLOSED SESSION ITEMS (3-Minute Time Limit) - At
approximately 5:00 PM, individuals wishing to provide a comment on item(s) scheduled for Closed
Session may do so either in person by filling out a Request to Speak form, via computer through
Zoom Webinar ID 971 5413 0528, or Zoom Webinar by phone by calling (669) 900-6833 (see agenda
cover sheet for request to speak instructions). Zoom Webinar participants wishing to speak 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. All speakers are encouraged,
but not required to identify themselves by name. Speakers providing comments in person will be
called to speak first, and each speaker may have up to 3 minutes unless the volume of speakers
warrants reducing the time allowance.
RECESS TO CLOSED SESSION
CLOSED SESSION
21-5321.CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Gov.
Code section 54956.9(d)(1).) Name of case: Lathus (Shayna) v. City
of Huntington Beach; USDC Case No.: 8:21-cv-00808-SB (DFMx).
21-5682.CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Gov.
Code section 54956.9(d)(1).) Name of case: Kennedy Commission,
et al. v. City of Huntington Beach; OCSC Case No.:
30-2015-00801675.
21-5693.CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Gov.
Code section 54956.9(d)(1).) Name of case: City of Huntington
Beach v. State of California (SB35, et al); OCSC Case No.
30-2019-01044945.
Page 1 of 7
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AGENDA August 3, 2021City Council/Public Financing
Authority
21-5734.CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Gov.
Code section 54956.9(d)(1).) Name of case: City of Huntington
Beach v. State of California (AB68); OCSC Case No.
30-2020-01140874.
6:00 PM – COUNCIL CHAMBERS
RECONVENE CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING
ROLL CALL
Peterson, Bolton, Delgleize, Carr, Posey, Moser, Kalmick
Councilmember Peterson has requested permission to be absent pursuant to Resolution No.
2001-54
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.
21-5515.Maha Ragab of the Muslim Community, HB and member of the
Greater Huntington Beach Interfaith Council
CLOSED SESSION REPORT BY CITY ATTORNEY
AWARDS AND PRESENTATIONS
21-5586.Mayor Carr to call on Victoria Alberty to present the “Adoptable Pet
of the Month”
21-5597.Mayor Carr to present the “Making a Difference Award” to Mark Mays
with Seacliff Tee it Up for the Troops and Serve it Up for the Troops
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution)
PUBLIC COMMENTS (3 Minute Time Limit) - At approximately 6:00 PM, individuals wishing to
provide a comment on agendized or non-agendized items may do so either in person by filling out
a Request to Speak form, via computer through Zoom Webinar ID 971 5413 0528, or Zoom Webinar
by phone by calling (669) 900-6833). Zoom Webinar participants wishing to speak will be provided
Page 2 of 7
4
AGENDA August 3, 2021City Council/Public Financing
Authority
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. All speakers are encouraged, but not
required to identify themselves by name. Speakers providing comments in person will be called to
speak first, and each speaker may have up to 3 minutes unless the volume of speakers warrants
reducing the time allowance.
COUNCIL COMMITTEE - APPOINTMENTS - LIAISON REPORTS, AB 1234 REPORTING, AND
OPENNESS IN NEGOTIATIONS DISCLOSURES
CITY MANAGER'S REPORT
21-5798.SB 1383 Residential Organic Waste Recycling Update
CITY TREASURER'S REPORT
21-5459.Receive and File the City Treasurer's June 2021 Quarterly
Investment Summary Report
Receive and file the City Treasurer’s Quarterly Investment Report for June 2021, pursuant
to Section 17.0 of the Investment Policy of the City of Huntington Beach .
Recommended Action:
CONSENT CALENDAR
21-56010.Approve and Adopt Minutes
A) Approve and adopt the City Council/Public Financing Authority special/adjourned
special meeting minutes dated July 9-10, 2021 as written and on file in the office of the
City Clerk; and,
B) Approve and adopt the City Council/Public Financing Authority special meeting
minutes dated July 19, 2021 as written and on file in the office of the City Clerk; and,
C) Approve and adopt the City Council/Public Financing Authority regular meeting
minutes dated July 20, 2021 as written and on file in the office of the City Clerk; and
D) Approve and adopt the City Council/Public Financing Authority adjourned special
meeting minutes dated July 26, 2021 as written and on file in the office of the City Clerk.
Recommended Action:
21-57011.Consider positions on legislation pending before the State and
Federal Legislature, as recommended by the Intergovernmental
Relations Committee (IRC)
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AGENDA August 3, 2021City Council/Public Financing
Authority
Approve one or more City positions on the following State and Federal legislation:
A) Support if Amended AB 1201 (Ting) - Labelling of Plastic Products for Compostability
and Biodegradability .
B) Watch SB 1 (Atkins) - Environmental, Public Health, and Workers Defense Act of
2019.
C) Withdraw Opposition to AB 339 (Lee) - Public Meeting Participation Requirements .
D) Submit two requests to the Orange County and State Redistricting Bodies.
Recommended Action:
21-55612.Adopt Resolution No. 2021-45 Confirming Cost Report for Weed
Abatement on Private Parcels within the City for the 2021 Season
A) Adopt Resolution No. 2021-45, “A Resolution of the City Council of the City of
Huntington Beach Confirming the Report of the Public Works Director Regarding the Cost
for Weed Abatement on Private Property Within the City for the 2021 Season,” and ,
B) Direct that all charges listed thereon be certified to the Orange County 2021/22
Property Tax Roll.
Recommended Action:
21-56213.Consider Adopting Resolution No. 2021-48, Terminating the City’s
Local Emergency Declaration in Response to COVID-19
Adopt Resolution No. 2021-48, “A Resolution of the City Council of the City of Huntington
Beach Proclaiming the Termination of the Local Emergency Declared on March 16, 2020.”
Recommended Action:
21-57114.Adopt Resolution No. 2021-46 approving the Certification of Special
Assessments for Delinquent Civil Fines for Municipal Code
Violations of the Municipal Code
Adopt Resolution No. 2021-46, "A Resolution of the City Council of the City of Huntington
Beach Certifying Special Assessments for Collecting Delinquent Civil Fines for Nuisance
Violations of the Municipal Code."
Recommended Action:
21-49015.Approve and authorize execution of a Memorandum of
Understanding (MOU) between the City of Huntington Beach and
Orange Coast Memorial Medical Center, including Acceptance and
Page 4 of 7
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AGENDA August 3, 2021City Council/Public Financing
Authority
Authorization of an Annual Donation of $25,000 for Five Consecutive
Years
A) Approve and authorize the Mayor and City Clerk to execute the “Memorandum of
Understanding between the City of Huntington Beach and Orange Coast Memorial
Medical Center;” and,
B) Accept and authorize the appropriation of the annual donation of $25,000 from Orange
Coast Memorial Medical Center as stipulated in the Memorandum of Understanding for
five consecutive years.
Recommended Action:
21-49916.Approve and authorize execution of a Memorandum of
Understanding (MOU) and License to Utilize Certain Space between
the City of Huntington Beach and Hoag Memorial Hospital
Presbyterian, including Acceptance and Authorization of an Annual
Donation of $100,000 for Five Consecutive Years
A) Approve and authorize the Mayor and City Clerk to execute the “Memorandum of
Understanding and License to Use Certain Space Between the City of Huntington Beach
and Hoag Memorial Hospital Presbyterian;” and ,
B) Accept and authorize the appropriation of the annual donation of $100,000 from HOAG
as stipulated in the Memorandum of Understanding for five consecutive years.
Recommended Action:
21-53817.Authorize the appropriation of funds and execution of a construction
contract with J. F. Shea Construction, Inc., in the amount of
$265,316.00 for various improvements to City operated utilities,
including a 20% construction contingency
A) Appropriate $172,404.00 from the Sewer Service Fund (511) to Account
51185101.82600; and,
B) Appropriate $145,975.20 from the Infrastructure Fund (314) to Account
31485201.82500; and,
C) Authorize a contract with J.F. Shea Construction, Inc ., in the amount of $265,316.00;
and,
Recommended Action:
Page 5 of 7
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AGENDA August 3, 2021City Council/Public Financing
Authority
D) Authorize the Mayor and the City Clerk to execute a construction contract in a form
approved by the City Attorney; and ,
E) Authorize a twenty percent (20%) construction contingency .
21-54818.Approve and authorize execution of a three-year Services
Agreement with the City of Costa Mesa for Public Safety Helicopter
Services
Approve and authorize the Mayor and City Clerk to execute, “Services Agreement for
Public Safety Helicopter Support Between the City of Huntington Beach and the City of
Costa Mesa.”
Recommended Action:
21-54919.Approve and authorize a 5-year Sole Source Agreement with
Heli-Mart to supply helicopter components to maintain the City’s
helicopter fleet
Approve and authorize the Mayor and City Clerk to authorize a Sole Source agreement
with Heli-Mart.
Recommended Action:
COUNCILMEMBER ITEMS
21-57820.Submitted by Mayor Carr - Establish an Annual “Rockin’ Fig Day” to
Memorialize the Life of Local Legend Rick “Rockin’ Fig” Fignetti
I recommend that the City Council establish “Rockin’ Fig Day” to be commemorated
annually on the Saturday of Surf City Days event which is typically celebrated in September
after Labor Day.
Of note, this year’s Surf City Days has been postponed to the weekend of October 9-10,
due to COVID-19. Therefore, the first Rockin’ Fig Day, if approved, would take place on
Saturday, October 9, 2021.
Recommended Action:
21-58121.Submitted by Councilmember Posey - Directing an Agency Cost
Reduction Review
I recommend that the City Council vote to direct the City Manager to coordinate an agency
cost reduction review.
Recommended Action:
Page 6 of 7
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AGENDA August 3, 2021City Council/Public Financing
Authority
21-58222.Submitted by Councilmember Posey - Convening a Charter Review
Committee of the City Council
I recommend that the City Council vote to direct the formation of a City Council Ad-Hoc
Charter Review Committee to develop and submit for consideration Charter update
language.
Recommended Action:
COUNCILMEMBER COMMENTS (Not Agendized)
ADJOURNMENT
The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority is
Tuesday, August 17, 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 #:21-532 MEETING DATE:8/3/2021
CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Gov. Code section 54956.9(d)
(1).) Name of case: Lathus (Shayna) v. City of Huntington Beach; USDC Case No.: 8:21-cv-
00808-SB (DFMx).
City of Huntington Beach Printed on 7/28/2021Page 1 of 1
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City of Huntington Beach
File #:21-568 MEETING DATE:8/3/2021
CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Gov. Code section 54956.9(d)
(1).) Name of case: Kennedy Commission, et al. v. City of Huntington Beach; OCSC Case No.:
30-2015-00801675.
City of Huntington Beach Printed on 7/28/2021Page 1 of 1
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City of Huntington Beach
File #:21-569 MEETING DATE:8/3/2021
CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Gov. Code section 54956.9(d)
(1).) Name of case: City of Huntington Beach v. State of California (SB35, et al); OCSC Case
No. 30-2019-01044945.
City of Huntington Beach Printed on 7/28/2021Page 1 of 1
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City of Huntington Beach
File #:21-573 MEETING DATE:8/3/2021
CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Gov. Code section 54956.9(d)
(1).) Name of case: City of Huntington Beach v. State of California (AB68); OCSC Case No. 30
-2020-01140874.
City of Huntington Beach Printed on 7/28/2021Page 1 of 1
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City of Huntington Beach
File #:21-551 MEETING DATE:8/3/2021
Maha Ragab of the Muslim Community, HB and member of the Greater Huntington Beach
Interfaith Council
City of Huntington Beach Printed on 7/28/2021Page 1 of 1
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City of Huntington Beach
File #:21-558 MEETING DATE:8/3/2021
Mayor Carr to call on Victoria Alberty to present the “Adoptable Pet of the Month”
City of Huntington Beach Printed on 7/28/2021Page 1 of 1
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City of Huntington Beach
File #:21-559 MEETING DATE:8/3/2021
Mayor Carr to present the “Making a Difference Award” to Mark Mays with Seacliff Tee it Up
for the Troops and Serve it Up for the Troops
City of Huntington Beach Printed on 7/28/2021Page 1 of 1
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City of Huntington Beach
File #:21-579 MEETING DATE:8/3/2021
SB 1383 Residential Organic Waste Recycling Update
City of Huntington Beach Printed on 7/28/2021Page 1 of 1
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City of Huntington Beach
File #:21-545 MEETING DATE:8/3/2021
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Oliver Chi, City Manager
PREPARED BY:Alisa Backstrom, City Treasurer
Subject:
Receive and File the City Treasurer's June 2021 Quarterly Investment Summary Report
Statement of Issue:
Receive and file the City Treasurer’s Quarterly Investment Report for June 2021, pursuant to Section
17.0 of the Investment Policy of the City of Huntington Beach.
Financial Impact:
Not applicable.
Recommended Action:
Receive and file the City Treasurer’s Quarterly Investment Report for June 2021, pursuant to Section
17.0 of the Investment Policy of the City of Huntington Beach .
Alternative Action(s):
Deny or critique the Quarterly Investment Report.
Analysis:
Not applicable.
Environmental Status:
Not applicable.
Strategic Plan Goal:
Non Applicable - Administrative Item
Attachment(s):
1. Treasurer’s Quarterly Investment Report for June 2021
2. Treasurer’s PowerPoint Presentation for June 2021
City of Huntington Beach Printed on 7/28/2021Page 1 of 1
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City of Huntington Beach
Quarterly Investment Report
June 2021
Prepared by:
Alisa Backstrom, MBA, CCMT, CPFIM
City Treasurer
Colin Stevens, MPP
Treasury Associate
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PORTFOLIO SUMMARY
As of June 30, 2021, the market value of the portfolio was higher than the book value of the
portfolio at $309.7 million versus $307.3 million, respectively. This was due to the overall
decrease in market interest rates in the first half of the year, which served to increase the prices
(value) of some of the existing securities in the portfolio purchased prior to the downturn in rates.
Currently, funds within this portfolio are invested in federal agency securities, corporate bonds,
the International Bank of Reconstruction and Development (“IBRD”), the Inter-American
Development Bank (“IADB”), U.S. Treasury Securities, the State of California’s pooled account
(Local Agency Investment Fund “LAIF”), and the Orange County Investment Pool (“OCIP”). Only
the investment types allowed under California Government Code Section 56301 and the City’s
Investment Policy Statement are utilized.
The largest holding by security type at month-end was federal agency securities at
approximately 37% of the total overall portfolio. This was followed by the Orange County
Investment Pool at 21% of the total portfolio as of June 30. Due to the decrease in market interest
rates, some Federal Agencies within the portfolio were called. Over the past year, rates within
the LAIF and OCIP accounts have moved down more slowly than the market overall . As such,
additional cash has been maintained in these pooled accounts to obtain a higher yield (with
overnight liquidity). However, as the yield on these pooled portfolios has been moving toward
market rates, funds above and beyond the city’s established liquidity minimums will be invested
in other investment types where appropriate.
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PORTFOLIO BREAKOUT BY TYPE – BOOK VALUE
% of Total Portfolio
PORTFOLIO EARNINGS
Earnings for the month of June 2021 were $274,009, a decrease of 40% from the same month
in the prior year. This was due to the sharp downturn in interest rates that occurred over 2020.
Total Earnings Fiscal YTD
Current Year 274,009$ 3,430,150$
Current Budget 100,000$ 1,900,000$
Last Year Actual 385,980$ 5,062,272$
Average Daily Balance 299,541,338$ 243,328,717$
Effective Rate of Return 1.11%1.41%
Benchmark *0.13% n/a
* 12-month moving average of interpolated 1.5-year treasury
Month: June
AS OF: June 30, 2021
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To put this downturn into context, the 2-year U.S. Treasury yield at the beginning of 2020 was
1.58%, versus 0.11% at the beginning of 2021. Fiscal year-to-date earnings of $3,430,150 were
down from the same period during the previous year by 47%. In the first half of 2021, the 2-year
U.S. Treasury yield has been consolidating in a range between 0.09% - 0.28%, thus is was
expected that we have seen a decrease in earnings and yield as bonds are called, and as new
funds must be invested at the current lower rates.
The effective rate of return for the month was 1.11%, with a fiscal year-to-date return of 1.41%.
As the Federal Reserve has kept rates near zero throughout most of the year, the benchmark
rate fell accordingly. The benchmark of the 12-month moving average of the interpolated 1.5-
year U.S. Treasury was 0.13% at the end of June. As the portfolio maintains securities
purchased when rates were higher, the rate of return will fall more slowly than that of the
benchmark.
PORTFOLIO ACTIVITY: MONTH - JUNE
PORTFOLIO ACTIVITY: QUARTER
Investment Type
$ in 000's
Purchases/
Deposits
Calls/Maturities/
Withdrawals
Federal Agency Issues 34,970$ 5,000$
Local Agency Investment Fund (LAIF) *19,000$
Medium Term Notes - IADB/IBRD
Corporate Bonds
Treasury Securities
OC Investment Pool *35$ (a)3$
TOTAL 35,005$ 24,003$
*Includes Interest Income
(a) Admin Fee
MONTHLY ACTIVITY: June 2021
Investment Type
$ in 000's
Purchases/
Deposits
Calls/Maturities/
Withdrawals
Federal Agency Issues 53,000$ 5,000$
Local Agency Investment Fund (LAIF) *21,042$ 19,000$
Medium Term Notes - IADB/IBRD 10,000$
Corporate Bonds 3,809$ 5,000$
Treasury Securities 5,000$
OC Investment Pool *117$ (a)10$
TOTAL 92,968$ 29,010$
*Includes Interest Income
(a) Admin Fee
QUARTERLY ACTIVITY: April 1 to June 30, 2021
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COMPLIANCE
The portfolio is in conformity with all relevant State regulations and the City’s Investment Policy
statement as approved by the City Council on February 1, 2021. The investment program herein
shown provides sufficient cash flow liquidity to meet the next six months’ obligations.
SUPPLEMENTAL INFORMATION
1) CalPERS OPEB CERBT Account: This account provides for post-retirement medical
insurance for eligible retirees. As of the most recent Actuarial Valuation Report, the
funded status of the Total OPEB liability was 90%. The fund is managed by CalPERS
and had a net rate of return as of 6/30/20 of 5.45%.
2) Supplemental Pension Trust: This is a defined benefit retirement plan for employees hired
prior to 1997 and is a closed plan. The funds are managed by U.S. Bank according to
the investment policy established by the Supplemental Pension Board. As of the most
recent Actuarial Valuation Report of 6/30/19, the plan was approximately 90% funded.
3) PARS 115 Trust: On May 2, 2016, the City Council authorized the City’s participation in
a tax-exempt, IRS Section 115 Trust to enhance paying down the City’s unfunded
INVESTMENT
TYPE
MAXIMUM
MATURITY
MAXIMUM
SPECIFIED % OF
PORTFOLIO/
MAXIMUM PER
ISSUER
MINIMUM QUALITY
REQUIREMENTS
IN
COMPLIANCE
Commercial Paper 270 days 25%/10%A1, "A" Rating YES
State Obligations--
CA And Others 5 years None/10%"A" Rating YES
U.S. Treasury
Obligations 5 years None None YES
U.S. Government
Agency Obligations 5 years None None YES
IBRD, IFC, IADB 5 years 10%"AA" Rating YES
Corporate Notes 5 years 30%/10%"A" Rating YES
Local Agency
Investment Fund
(LAIF)
N/A Up to $75,000,000 None
YES
Orange County
Investment Pool
(OCIP)
N/A Up to $75,000,000 None
YES
Maximum Maturities No more than 50% of portfolio maturing over 4 years.YES
ADDITIONAL ACCOUNT BALANCES:
Ending Balance
Market Values:3/31/2021
Total Deferred Compensation Plan Balances $177,920,129
CalPERS Retiree Medical Trust Account $34,571,100
US Bank Supplemental Pension Trust Account $70,798,622
PARS Post Employment Benefits 115 Trust Account $9,895,133
Bond Reserve Accounts $6,949,000
(Due to delay in statement receipt, amounts are from previous quarter end)
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liabilities. Such funds are maintained through the Public Agency Retirement Services
Pension Rate Stabilization Program (PARS PRSP) and are legally restricted for use in
administering the City’s defined benefit pension plan. In June of 2021, the City deposited
an additional $1,000,000 into this account.
4) Bond Reserve Accounts: These are reserve accounts required by the City’s various bond
agreements. Investments of debt proceeds held by bond trustee are governed by
provisions of the debt agreements, rather than the general provisions of the California
Government Code or the City’s investment policy.
ECONOMIC AND MARKET OVERVIEW
The Federal Open Market Committee (FOMC) met in June to discuss the current state of the
economy and to examine potential future interest rate adjustments. They concluded that
vaccinations have reduced the spread of COVID -19 in the United States. Additionally, they
highlighted that the sectors most adversely affected by the pandemic remain weak but have
shown improvement. They stated, “Inflation has risen, largely reflecting transitory factors. Overall
financial conditions remain accommodative, in part reflecting policy measures to support the
economy and the flow of credit to U.S. households and businesses.”
Fixed Income / Equity Markets: The yield on the 10-year U.S. Treasury finished the quarter at
1.45%, down from 1.74% from the end of the previous quarter, for a 16.67% decrease quarter-
over-quarter. The S&P 500 and DJIA increased by 8.17% and 4.61% respectively, over the same
period.
Employment: Total nonfarm payroll employment rose by 850,000 in June , and the
unemployment rate was little changed at 5.9 percent. Notable job gains occurred in leisure and
hospitality, public and private education, professional and business services, retail trade, and
other services.
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Treasury Rates Monthly Averages
25
City of Huntington BeachQuarterly Investment Report
Quarter Ending: June 2021
Prepared by: Alisa Backstrom, MBA, CCMT, CPFIM
City Treasurer
26
Economic and Market Overview
Ongoing public health crisis continued to cause volatility within
economy and financial markets
Unemployment rate for June up slightly to 5.9%
Some concerns of inflation expressed by Federal Reserve / CPI up .9%
in June
Continued historically low U.S. Treasury Rates:
2-Year U.S. Treasury at 6/30: 0.25%
5-Year U.S. Treasury at 6/30: 0.87%
27
Interest Rates –U.S. Treasury Rates (12 mo. Moving Average)
2-year Treasury
has remained
flat
Slight uptick in 5-
year Treasury
during 2nd quarter
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Portfolio SummaryAs of 6/30/21
Investment Type / Market Value:
•Federal Agencies - $113.1MM
•LAIF - $41.6MM
•Treasury Securities - $13.1MM
•IADB/IBRD - $30.6MM
•Corporate Bonds - $46.0MM
•OCIP - $65.3MM
TOTAL PORTFOLIO: $309.7MM
29
Investmentsby Type
As of June 30, 2021
30
Monthly Activity:
Investment Type
$ in 000's
Purchases/
Deposits
Calls/Maturities/
Withdrawals
Federal Agency Issues 34,970$ 5,000$
Local Agency Investment Fund (LAIF) *19,000$
Medium Term Notes - IADB/IBRD
Corporate Bonds
Treasury Securities
OC Investment Pool *35$ (a)3$
TOTAL 35,005$ 24,003$
*Includes Interest Income
(a) Admin Fee
MONTHLY ACTIVITY: June 2021
31
Quarterly Activity:
Investment Type
$ in 000's
Purchases/
Deposits
Calls/Maturities/
Withdrawals
Federal Agency Issues 53,000$ 5,000$
Local Agency Investment Fund (LAIF) *21,042$ 19,000$
Medium Term Notes - IADB/IBRD 10,000$
Corporate Bonds 3,809$ 5,000$
Treasury Securities 5,000$
OC Investment Pool *117$ (a)10$
TOTAL 92,968$ 29,010$
*Includes Interest Income
(a) Admin Fee
QUARTERLY ACTIVITY: April 1 to June 30, 2021
32
Portfolio Earnings -As of June 30, 2021
Current Year - Month
June 2021:$274,009
vs. budget: $100,000
Current Fiscal Year
2020/21
Through 6/30: $3,430,150
vs. budget:$1,900,000
Effective Rate of Return June 2021: 1.11%
20/21 Fiscal Year: 1.41%
Benchmark June 2021: 0.13%
12-month moving average 1.5-year Treasury
33
Selected Investment Policy Compliance Requirements
The portfolio is in compliance with all relevant State regulations and the City’s
Investment Policy.
34
Summary
Safety –No principal losses
Liquidity –Sufficient funds for operating needs
Effective Rate of Return –June: 1.11%, FY20/21: 1.41%
Prudently managed –No compliance issues
Positive contributor to City –Earned $3.4MM for
FY20/21 towards City’s operational expenses, etc.
35
City of Huntington Beach
File #:21-560 MEETING DATE:8/3/2021
REQUEST FOR COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Robin Estanislau, CMC, City Clerk
PREPARED BY:Robin Estanislau, CMC, City Clerk
Subject:
Approve and Adopt Minutes
Statement of Issue:
The City Council/Public Financing Authority special/adjourned special meeting minutes dated July 9-
10, 2021, special meeting minutes of July 19, 2021, regular meeting minutes of July 20, 2021, and
adjourned special meeting minutes of July 26, 2021, require review and approval.
Financial Impact:
None.
Recommended Action:
A) Approve and adopt the City Council/Public Financing Authority special/adjourned special meeting
minutes dated July 9-10, 2021 as written and on file in the office of the City Clerk; and,
B) Approve and adopt the City Council/Public Financing Authority special meeting minutes dated
July 19, 2021 as written and on file in the office of the City Clerk; and,
C) Approve and adopt the City Council/Public Financing Authority regular meeting minutes dated
July 20, 2021 as written and on file in the office of the City Clerk; and
D) Approve and adopt the City Council/Public Financing Authority adjourned special meeting
minutes dated July 26, 2021 as written and on file in the office of the City Clerk.
Alternative Action(s):
Do not approve and/or request revision(s).
Analysis:
None.
Environmental Status:
Non-Applicable.
City of Huntington Beach Printed on 7/28/2021Page 1 of 2
powered by Legistar™36
File #:21-560 MEETING DATE:8/3/2021
Strategic Plan Goal:
Non-Applicable - Administrative Item
Attachment(s):
1. July 9-10, 2021 CC/PFA special/adjourned special meeting minutes
2. July 19, 2021 CC/PFA special meeting minutes
3. July 20, 2021 CC/PFA regular meeting minutes
4. July 26, 2021 CC/PFA adjourned special meeting minutes
City of Huntington Beach Printed on 7/28/2021Page 2 of 2
powered by Legistar™37
Special Meeting Minutes
City Council/Public Financing Authority
City of Huntington Beach
Friday, July 9, 2021
8:00 AM – Council Chambers
AND
Saturday, July 10, 2021
8:30 AM – Council Chambers
Civic Center, 2000 Main Street
Huntington Beach, California 92648
Video recordings of the meetings
are on file in the Office of the City Clerk, and archived at
http://www.huntingtonbeachca.gov
FRIDAY, JULY 9, 2021
8:00 AM - COUNCIL CHAMBERS
CALLED SPECIAL MEETING TO ORDER — 8:02 AM
ROLL CALL
Present: Peterson, Delgleize, Carr, Posey, Moser, and Kalmick
Absent: None
PLEDGE OF ALLEGIANCE — Led by Councilmember Moser
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution)
Pursuant to the Brown "Open Meetings" Act, City Clerk Robin Estanislau announced supplemental
communications that were received by her office following distribution of the Council Agenda packet:
Administrative Items
#1 (21-507) Four (4) emails received regarding the City Council Vacancy.
PUBLIC COMMENTS (1-Minute Time Limit) — None
At 8:07 AM Council called for a brief recess. At 8:25 AM, the meeting reconvened.
ADMINISTRATIVE ITEMS
1. 21-507 City Council Conducted Interviews to Fill Huntington Beach City Council Vacancy
(51 Applicants in Attendance)
City Manager Oliver Chi introduced the process by explaining that 131 final candidate applicants were
scheduled for interviews over the next two days, with groups of 9 – 12 applicants scheduled for the
same time (speaker order to be determined by arrival time). Each applicant will have 5 minutes to
address the City Council.
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Council/PFA Special Meetings
July 9 and 10, 2021
Page 2 of 6
The number [hh:mm:ss] following the speakers’ names indicates their approximate starting time in the
archived videos located at http://www.surfcity-hb.org/government/agendas.
Fourteen (14) applicants addressed the City Council to describe their interest in the position,
experience and/or qualifications, and goals as a potential Councilmember.
Deborah Algario (00:03:38)
Bob Sullivan (00:06:04)
Ian Adam (00:07:26)
Edward Aghjayan (00:12:07)
Crystal Anderson (00:17:00)
Ahmed Abbas (00:21:17)
Joseph Barco (00:25:27)
Nathaniel Barrett (00:29:49)
Jenny Braithwaite (00:34:06)
Jeff Bell (00:39:04)
Rhonda Bolton (00:39:50)
John Benz (00:45:10)
Terence Cincotta (00:49:33)
Robert Bossenmeyer (00:54:31)
At 9:25 AM Council called for a recess. At 9:59 AM, the meeting reconvened.
Nine (9) applicants addressed the City Council to describe their interest in the position, experience
and/or qualifications, and goals as a potential Councilmember.
Amory Hanson (01:00:07)
Mark Currie (01:01:40)
Vanessa Chow (01:06:20)
David Geddes (01:11:27)
Patrick Cichon (01:15:26)
Raj Contractor (01:20:04)
Regina Wilkerson (01:25:44)
Milton Dardis (01:30:57)
Anton “Tony” Drenth (01:36:32)
At 10:37 AM Council called for a recess. At 11:20 AM, the meeting reconvened.
Two (2) applicants addressed the City Council to describe their interest in the position, experience
and/or qualifications, and goals as a potential Councilmember.
Brian Dopler (01:38:24)
Bill Dahlin (01:42:45)
At 11:27 AM Council called for a lunch recess. At 1:15 PM, the meeting reconvened.
Nineteen (19) applicants addressed the City Council to describe their interest in the position,
experience and/or qualifications, and goals as a potential Councilmember.
Wesam “Sam” Jreisat (01:45:45)
Catherine Kowertz (01:49:01)
Dom Jones (01:53:38)
Matthew Fertal (01:58:35)
Vera Fair (02:03:12)
Nick Chambers (02:07:28)
Devin Dwyer (02:09:49)
Michael Grumet (02:12:22)
Kallie Knutsen (02:16:44)
Ben Goldberg (02:20:51)
Shawn Wood (02:26:15)
Nouha Hreish (02:31:27)
Javier Gutierrez (02:36:14)
Ken Gordon (02:41:13)
Xiomara Galindo (02:46:39)
Dan Goren (02:51:34)
Michael Gilling (02:53:36)
Nader Hanna (02:55:49)
Matthew Hoover (03:01:02)
At 2:35 PM Council called for a recess. At 3:43 PM, the meeting reconvened.
Five (5) applicants addressed the City Council to describe their interest in the position, experience
and/or qualifications, and goals as a potential Councilmember.
Richard Harrison (03:07:12)
Jill Hardy (03:11:03)
Joe Huskins (03:15:54)
William Hawes (03:20:05)
Martha Hope (03:22:47)
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Council/PFA Special Meetings
July 9 and 10, 2021
Page 3 of 6
At 4:02 PM Council called for a recess. At 4:48 PM, the meeting reconvened.
Two (2) applicants addressed the City Council to describe their interest in the position, experience
and/or qualifications, and goals as a potential Councilmember.
Don Kennedy (03:25:28) Bradley Jacobs (03:30:36)
ADJOURNMENT — at 4:57 PM, to Saturday, July 10, 2021, at 8:30 AM, Huntington Beach Civic
Center Council Chambers, 2000 Main Street, Huntington Beach.
40
Council/PFA Special Meetings
July 9 and 10, 2021
Page 4 of 6
SATURDAY, JULY 10, 2021
8:30 AM - COUNCIL CHAMBERS
RECONVENED CITY COUNCIL/PUBLIC FINANCING AUTHORITY SPECIAL MEETING OF
JULY 9, 2010 — 8:30 AM
ROLL CALL
Present: Peterson, Delgleize, Carr, Posey, Moser, and Kalmick
Absent: None
CITY CLERK’S REPORT
1. 21-515 City Clerk Robin Estanislau provided a brief recap of activity during the first
session of City Council Vacancy Interviews held on July 9, 2021
ADMINISTRATIVE ITEMS
2. 21-508 Continuation of City Council Interviews from July 9, 2021, to fill Huntington Beach
City Council Vacancy (54 Applicants in Attendance)
The number [hh:mm:ss] following the speakers’ names indicates their approximate starting time in the
archived videos located at http://www.surfcity-hb.org/government/agendas.
Nineteen (19) applicants addressed the City Council to describe their interest in the position, experience
and/or qualifications, and goals as a potential Councilmember.
Thomas LaParne (00:02:42)
Dan Lispi (00:08:05)
Chris Latham (00:13:38)
Maria Luna (00:18:07)
Carlos Lizarzaburu (00:22:44)
Melanie Brady (00:24:49)
Mark Mayes (00:30:06)
Michael McCormick (00:35:20)
Martha Morrow (00:37:33)
Anne Mueller (00:42:36)
Marc Materie (00:46:04)
Janis Mantini (00:50:55)
Jeff Morin (00:56:08)
Martin Miller (01:00:16)
Oscar Rodriguez (01:04:29)
Paul Reidel (01:09:45)
Nabila Yousef (01:11:14)
Mark Rule (01:16:19)
Vivian Young (01:21:11)
At 9:54 AM Council called for a recess. At 10:10 AM, the meeting reconvened.
Seventeen (17) applicants addressed the City Council to describe their interest in the position,
experience and/or qualifications, and goals as a potential Councilmember.
Steven Nguyen (01:24:47)
Frederick Redfern (01:29:36)
William "Billy"
O'Connell (01:32:07)
William Nees (01:35:48)
Claude Panis (01:39:57)
John Piekarski (01:45:14)
Michael Olsberg (01:48:33)
Terry Rose (01:54:09)
Gordon Nguyen (01:58:55)
MaryAnn Pelino-
Carroll (02:00:48)
Leticia Quinlan (02:03:13)
Charles Knoth (02:07:10)
Steve Schulz (02:11:51)
John Scandura (02:17:02)
Charles Ray (02:21:42)
Jason Villeggiante (02:25:33)
George Rivera (02:29:30)
At 11:16 AM Council recessed for lunch. At 12:43 PM, the meeting reconvened.
41
Council/PFA Special Meetings
July 9 and 10, 2021
Page 5 of 6
Eighteen (18) applicants addressed the City Council to describe their interest in the position,
experience and/or qualifications, and goals as a potential Councilmember.
Jennifer Lee Siegert (02:37:18)
Patrick Tapley (02:41:17)
Anne Webber (02:46:24)
Gilberto Valdez (02:51:52)
Cynthia Varnell (02:57:10)
Russell Snider (03:02:10)
Marc Wilson (03:05:01)
Dianne Thompson (03:07:46)
Johnny Villa (03:10:19)
Quinn Stahl (03:15:34)
Amaru Vasquez (03:20:46)
John Ventimiglia (03:24:46)
Jordan Armitage (03:29:43)
Darin Smith (03:35:04)
Alan Wilson (03:40:34)
Carl Vann (03:44:46)
Katarina Thomas (03:48:03)
Gracey Van Der Mark (03:53:25)
3. 21-516 Discussion on the Vacancy Appointment Process
Pursuant to the Brown "Open Meetings" Act, City Clerk Robin Estanislau announced a supplemental
communication received by her office following distribution of the Council Agenda packet:
Administrative Items
#3 (21-516) PowerPoint Communication titled Filling Our Current City Council Vacancy submitted
by City Manager Oliver Chi
City Manager Oliver Chi provided a PowerPoint communication entitled, Huntington Beach City Council
Filling Our Current City Council Vacancy, with slides titled City Council Options Moving Ahead, City
Council Appointment Process - Next Steps, Possible Candidate Selection Framework - Use of
Selection Rounds, Round 1, Round 2, Round 3, Special Election Details, Next Steps, and Questions.
Councilmember Kalmick stated his support for holding a special meeting on Monday, July 19 at a time
to be decided, and support for using the staff-recommended Rounds process.
Councilmember Posey and City Manager Chi discussed options, which included how many applicants
each Councilmember would submit for the first round, and experiences of past Council
appointments. Councilmember Posey stated his support for each Councilmember nominating three or
four applicants for the first round.
Mayor Carr proposed that each Councilmember bring one candidate forward, and if none of the six
candidates receives four votes, then the process would start over.
Councilmember Posey stated his opinion that if each Councilmember submitted three or four
candidates up front it may result in a faster process, and he wants to do everything in his power to
prevent having to revert to a special election.
Councilmember Delgleize and City Manager Chi discussed the proposed process of elimination,
regardless of whether each Councilmember initially selects one or five candidates.
Councilmember Moser stated her support for each Councilmember selecting two candidates for the first
round, and one candidate for the second round.
Councilmember Kalmick, Mayor Carr, and City Manager Chi continued the discussion regarding how
many applicants could be submitted by each Councilmember, and noted that theoretically several
42
Council/PFA Special Meetings
July 9 and 10, 2021
Page 6 of 6
Councilmembers could select the same applicant(s). For the first round, any applicants without a vote
would drop out of the pool for the next round.
Mayor Pro Tem Delgleize and Councilmember Peterson stated support for each Councilmember
submitting three applicants; and Mayor Carr confirmed if one of those eighteen applicants did not
receive four votes, then the process starts over.
A motion was made by Carr, second Kalmick to hold a special meeting on Monday, July 19, 2021, at
6:00 PM in Council Chambers; each Councilmember to present their top three candidates for
appointment and use a "Round" elimination process until a majority vote of four is reached; newly
appointed Councilmember to be sworn in to office on Tuesday, July 20, 2021.
The motion carried by the following vote:
AYES: Peterson, Delgleize, Carr, Posey, Moser, and Kalmick
NOES: None
ADJOURNMENT — 2:34 PM to a special meeting of the Huntington Beach City Council/Public Financing
Authority on Monday, July 19, 2021, at 6:00 PM in the Civic Center Council Chambers, 2000 Main Street,
Huntington Beach, California.
The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority
is Tuesday, July 20, 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
__________________________________________
City Clerk and ex-officio Clerk of the City Council of
the City of Huntington Beach and Secretary of the
Public Financing Authority of the City of Huntington
Beach, California
ATTEST:
______________________________________
City Clerk-Secretary
______________________________________
Mayor-Chair
43
Special Meeting Minutes
City Council/Public Financing Authority
City of Huntington Beach
Monday, July 19, 2021
6:00 PM - Council Chambers
Civic Center, 2000 Main Street
Huntington Beach, California 92648
Or Virtual via Zoom Webinar
A video recording of the 6:00 PM portion of this meeting
is on file in the Office of the City Clerk, and archived at
http://www.huntingtonbeachca.gov
6:00 PM - COUNCIL CHAMBERS
CALLED TO ORDER — 6:01 PM
ROLL CALL
Present: Peterson, Delgleize, Carr, Posey, Moser, and Kalmick
Absent: None
City Attorney Michael Gates has requested permission to be absent pursuant to City Charter Section
309(d). Chief Assistant City Attorney Mike Vigliotta attended in place of City Attorney Gates.
PLEDGE OF ALLEGIANCE — Led by Councilmember Posey
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution)
Pursuant to the Brown "Open Meetings" Act, City Clerk Robin Estanislau announced supplemental
communications received by her office following distribution of the Council Agenda packet:
Administrative Items
#1 (21-544) Twenty-one (21) email communications received regarding the unscheduled vacancy on
City Council.
PUBLIC COMMENTS (3-Minute Time Limit) — 22 In-Person and 3 Call-In Public Speakers
The number [hh:mm:ss] following the speakers' comments indicates their approximate starting time in
the archived video located at http://www.surfcity-hb.org/government/agendas.
Brian Vea was called to speak and stated his opinion that the Council needs to honor the vote of the
people and appoint the candidate that will Make America Great Again (MAGA). (00:04:15)
Pano Frousigus was called to speak and stated his opinion that the open City Council position belongs
to the voters and asked that the Council appoint the November 2020 election runner-up, Gracey Van
Der Mark. (00:05:21)
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Council/PFA Special Meeting Minutes
July 19, 2021
Page 2 of 9
Kimo Gandall, a lifetime resident of Huntington Beach, was called to speak and stated his opinion that
the open City Council position belongs to the voters and asked that the Council appoint the November
2020 election runner-up, Gracey Van Der Mark. (00:07:18)
Richard Kuo, a resident of Huntington Beach, was called to speak and stated his opinion that Dom
Jones should fill the open City Council position, as she is the most qualified applicant to represent all of
the residents of Huntington Beach. (00:09:43)
Jenny Braithwaite was called to speak and stated her expectation that Councilmembers will be
thoughtful and discerning in making a decision that will restore peace and quality of life for all of
Huntington Beach for decades to come. (00:11:33)
Jeanine Davis, a long-time resident of Huntington Beach, was called to speak and stated her opinion
that the open City Council position belongs to the voters and asked that the Council appoint the
November 2020 election runner-up Gracey Van Der Mark, or request a special election. (00:12:52)
Cara Vienna, a resident of Huntington Beach for over 20 years, was called to speak and shared her
opinion that the Council should appoint the applicant that best represents everyone in this very diverse
community and Dom Jones is the most qualified applicant to fill the vacant Council position. (00:15:36)
Patrika Jamal, an individual who made the choice to move to California as an adult, was called to speak
and shared her opinion that the Council should appoint Dom Jones to fill the vacant Council position, as
she is the applicant that best represents everyone in this very diverse community. (00:18:13)
Dennis Davenport, a resident of Huntington Beach for 37 years, was called to speak and stated his
opinion that the open City Council position belongs to the voters and asked that the Council appoint the
November 2020 election runner-up Gracey Van Der Mark. (00:20:54)
Angeline Duong was called to speak and shared her opinion that the Council should appoint the
applicant that best represents everyone in this very diverse community and Dom Jones is the most
qualified applicant to fill the vacant Council position. (00:24:23)
Nader Hanna, an applicant for the vacant Council position, was called to speak and shared his opinion
that if Council proceeds with their "cancel culture" attitude and doesn't make the right decision, they
should expect a strong reaction from the conservative community based on available data which he
perceives as documenting a City Council collusion. (00:26:28)
Allison Degenhardt was called to speak and stated her opinion that the Council should appoint Dom
Jones as the applicant that best represents everyone in this very diverse community to fill the vacant
Council position. (00:29:13)
An unnamed guest was called to speak and stated her opinion that the Council should appoint Dom
Jones as the applicant that best represents everyone in this very diverse community to fill the vacant
Council position. (00:30:05)
Shane Fleming, a resident of Huntington Beach, was called to speak and stated his opinion that the
Council should appoint Dom Jones as the applicant that best represents everyone in this very diverse
community to fill the vacant Council position. (00:31:33)
45
Council/PFA Special Meeting Minutes
July 19, 2021
Page 3 of 9
Andrea Smith was called to speak and stated her opinion that the Council should appoint Dom Jones
as the applicant that best represents everyone in this very diverse community to fill the vacant Council
position. (00:33:29)
Gabriel Smith was called to speak and stated his opinion that the Council should appoint Dom Jones as
the applicant that best represents everyone in this very diverse community to fill the vacant Council
position. (00:34:09)
Dave Sullivan, former Mayor and City Councilmember, was called to speak and shared his
disappointment in many of the decisions being made by most of the current councilmembers, except
Councilmember Peterson. (00:35:07)
Ceason Baker, a resident of Huntington Beach, was called to speak and shared her ill opinions of
Mayor Carr and Councilmembers Posey, Moser, Kalmick and Delgleize, and stated that the open City
Council position belongs to the voters and asked that the Council appoint the November 2020 election
runner-up Gracey Van Der Mark. (00:36:24)
John Aird, who served in the Army for 22 years, was called to speak and stated his opinion that true
patriotism, to support the oath to the Constitution that he and every Councilmember has taken, requires
listening to the voters and supporting the democratic process. (00:39:26)
Victor Valladares was called to speak and stated his expectation that the Council will appoint a
candidate to the vacant position that has the best interests of all the residents of Huntington Beach.
(00:42:40)
Ruby Lee was called to speak and stated her opinion that the open City Council position belongs to the
voters and asked that the Council appoint the November 2020 election runner-up Gracey Van Der
Mark, or request a special election. (00:44:25)
Bruce Wareh, a 32-year resident of Huntington Beach, was called to speak and stated his opinion that
the open City Council position belongs to the voters and asked that the Council appoint the November
2020 election runner-up Gracey Van Der Mark. (00:46:59)
Call-in speaker Amory Hanson, a member of the Huntington Beach Historic Resources Board and
applicant for the vacant Council position, was invited to speak and stated his request for appointment
because in his opinion, he can provide the unity and duty that is currently needed on the Council to
represent all of Huntington Beach. (00:48:59)
Call-in speaker Robert Sullivan, an applicant for the Council vacancy, was invited to speak and
reminded Council of his previous experience at solving issues as a team member, and stated he would
be focused on a mutually beneficial future for the City of Huntington Beach. (00:50:29)
Call-in speaker Michelle Krug was invited to speak and stated her opinion that the Council should
appoint Dom Jones as the applicant that best represents everyone in this very diverse community to fill
the vacant Council position. (00:53:53)
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Council/PFA Special Meeting Minutes
July 19, 2021
Page 4 of 9
ADMINISTRATIVE ITEMS
1. 21-544 Failed to appoint a candidate to serve the remaining term of former
Councilmember Jacob “Tito” Ortiz
City Manager Oliver Chi reviewed actions taken by Council to address the vacancy created on June 1
and explained that at their July 10, 2021 meeting, Council called for this special meeting and approved
of each member bringing forward up to three finalists and use a "rounds" selection process to appoint a
candidate by majority vote.
Round 1
Mayor Carr thanked applicants for participating in the process, and invited each Councilmember, in
order of seniority, to submit their three preferred candidates.
Councilmember Posey stated his opinion that each applicant would most likely serve the position just
fine, and presented the three applicants he believes are capable of securing the vote of at least four
Councilmembers and summarized their qualifications: Jeff Morin, Charles Ray, and John Piekarski.
Mayor Pro Tem Delgleize thanked each applicant for participating in the process, and presented the
qualifications for her choice of top three candidates: John Scandura, Janis Mantini, Jeff Morin.
Councilmember Peterson stated this is not a hard decision for him, and described the qualifications for
his top and only candidate, Gracey Van Der Mark.
Councilmember Kalmick also expressed his appreciation to all applicants and stated his top candidates
are Rhonda Bolton and Oscar Rodriguez.
Councilmember Moser stated her appreciation to all applicants, and announced her top three
candidates: Oscar Rodriguez, Rhonda Bolton, and Jenny Braithwaite.
Mayor Carr announced her top three candidates: Rhonda Bolton, Oscar Rodriguez, and Jenny
Braithwaite.
Round 2
Mayor Carr asked that each Councilmember vote for their top candidate from the list of nine (9)
candidates: Rhonda Bolton, Jenny Braithwaite, Janis Mantini, Jeff Morin, John Piekarski, Charles Ray,
Oscar Rodriguez, John Scandura and Gracey Van Der Mark.
Councilmember Kalmick: Rhonda Bolton
Councilmember Moser: Oscar Rodriguez
Councilmember Posey: Jeff Morin
Mayor Carr: Rhonda Bolton
Mayor Pro Tem Delgleize: Jeff Morin
Councilmember Peterson: Gracey Van Der Mark
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Council/PFA Special Meeting Minutes
July 19, 2021
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Round 3
Mayor Carr asked that each Councilmember vote for their top candidate from the new list of four (4)
candidates: Rhonda Bolton, Jeff Morin, Oscar Rodriguez, and Gracey Van Der Mark.
Councilmember Peterson: Gracey Van Der Mark
Mayor Pro Tem Delgleize: Jeff Morin
Mayor Carr: Rhonda Bolton
Councilmember Posey: Jeff Morin
Councilmember Moser: Rhonda Bolton
Councilmember Kalmick: Rhonda Bolton
Round 4
Mayor Carr asked that each Councilmember vote for their top candidate from the new list of three (3)
candidates: Rhonda Bolton, Jeff Morin and Gracey Van Der Mark.
Councilmember Kalmick: Rhonda Bolton
Councilmember Moser: Rhonda Bolton
Councilmember Posey: Jeff Morin
Mayor Carr: Rhonda Bolton
Mayor Pro Tem Delgleize: Jeff Morin
Councilmember Peterson: Gracey Van Der Mark
Round 5
Mayor Carr called for another Councilmember vote from the list of three (3) candidates: Rhonda
Bolton, Jeff Morin and Gracey Van Der Mark.
Councilmember Peterson: Gracey Van Der Mark
Mayor Pro Tem Delgleize: Jeff Morin
Mayor Carr: Rhonda Bolton
Councilmember Posey: Jeff Morin
Councilmember Moser: Rhonda Bolton
Councilmember Kalmick: Rhonda Bolton
A motion was made by Posey, second Peterson, to call for a Special Election to fill the vacant Council
seat. The motion failed by the following vote:
AYES: Peterson, and Posey
NOES: Delgleize, Carr, Moser, and Kalmick
Round 6
Mayor Carr stated that since there was not enough support to call for a Special Election, she called for
another Councilmember vote from the list of three (3) candidates: Rhonda Bolton, Jeff Morin and
Gracey Van Der Mark.
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Council/PFA Special Meeting Minutes
July 19, 2021
Page 6 of 9
Mayor Carr: Rhonda Bolton
Mayor Pro Tem Delgleize: Jeff Morin
Councilmember Posey: Jeff Morin
Councilmember Peterson: Gracey Van Der Mark
Councilmember Moser: Rhonda Bolton
Councilmember Kalmick: Rhonda Bolton
RECESS
At 7:18 PM, Mayor Carr called for a 5-minute recess to consult with City Manager Chi and Chief
Assistant City Attorney Mike Vigliotta. The meeting reconvened at 7:28 PM.
Round 7
A motion was made by Carr, second Delgleize to cast either a yes or no vote for each of the top three
candidates: Gracey Van Der Mark, Jeff Morin, and Rhonda Bolton. The motion carried by the following
vote:
AYES: Delgleize, Carr, Posey, Moser, and Kalmick
NOES: Peterson
Mayor Carr called for a vote to appoint Candidate Gracey Van Der Mark to the vacant Council position.
The motion failed by the following vote:
AYES: Peterson, and Posey
NOES: Delgleize, Carr, Moser, and Kalmick
Mayor Carr called for a vote to appoint Candidate Jeff Morin to the vacant Council position. The motion
failed by the following vote:
AYES: Delgleize, and Posey
NOES: Peterson, Carr, Moser, and Kalmick
Mayor Carr called for a vote to appoint Candidate Rhonda Bolton to the vacant Council position. The
motion failed by the following vote:
AYES: Carr, Moser, and Kalmick
NOES: Peterson, Delgleize, and Posey
Mayor Carr called for discussion on a motion to reconsider holding a Special Election.
City Manager Chi reiterated that the process for a Special Election can be triggered by either approval
of a Council motion, or it will become the default option if Council is unable to appoint a candidate by
July 31, 2021. He explained that a Special Election would be held on November 2, 2021, would have
to be called for by August 6, 2021, and would cost about $1 Million ($1,000,000). City Manager Chi,
City Clerk Estanislau and Mayor Pro Tem Delgleize clarified details for interested candidates who
would have approximately 2 weeks to file their election paperwork and approximately 80 days to
campaign.
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Councilmember Posey stated his support for reconsidering a Special Election, and stated that for this
situation $1M is the cost of democracy. He acknowledged the good management of City Manager Chi,
which has provided for surplus funds in the budget, and added that for future Council vacancies it might
be wise to think about possible Charter revisions based on the amount of time remaining for a vacant
Council position.
A motion was made by Delgleize, second Peterson to reconsider holding a Special Election to fill the
vacant Council position. The motion failed by the following vote:
AYES: Peterson, Delgleize, and Posey
NOES: Carr, Moser, and Kalmick
Councilmember Kalmick described how Council has followed the process for appointment as described
in the City Charter, and his opinion, the $1M cost of holding a Special Election would be better spent for
the benefit of the community. He outlined his reasons for supporting candidate Rhonda Bolton for the
vacant position, and suggested it might be time to call another Special Meeting within the next week to
allow Councilmembers time for further reflection on their responsibility for filling this vacancy.
Mayor Carr expressed her commitment to filling the position, and stated her opinion that any one of the
final three candidates is certainly qualified to help make the important upcoming decisions Council will
be facing.
Councilmember Moser stated this decision provides an opportunity to continue the focus on the City's
work, business and goals. She further stated her opinion that it is time to shift the focus away from
obstruction, adversity and extremism. Councilmember Moser continued by reviewing the qualifications
for her candidate choice, Rhonda Bolton.
Councilmember Posey stated appreciation for the passion his colleagues have expressed for their
favorite candidate, the need for the seventh person to prevent continued tied votes, and his opinion that
a Special Election is the fair compromise.
Councilmember Peterson stated his opinion that former Councilmember Ortiz is not to blame for the
current situation as some have insinuated, and his perception of the personal and political damage
experienced by Mr. Ortiz since he took office. Councilmember Peterson further stated his opinion that
a Special Election is the best option for proceeding under the current circumstances.
Round 8
A motion was made by Carr, second Kalmick to cast either a yes or no vote to appoint Candidate
Rhonda Bolton to the vacated City Council seat. The motion failed by the following vote:
AYES: Carr, Moser, and Kalmick
NOES: Peterson, Delgleize, and Posey
RECESS
At 7:59 PM, Mayor Carr requested a 10-minute recess to consult with City Manager Chi and Chief
Deputy City Attorney Vigliotta to review options. Chief Deputy City Attorney Vigliotta stated that all
Councilmembers must remain in Council Chambers. The meeting reconvened at 8:15 PM.
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Round 8, continued
Mayor Carr explained the deadlock votes for a Special Election as well as candidate Rhonda Bolton,
and asked for a yes or no vote on each of the two remaining candidates: Jeff Morin and Gracey Van
Der Mark.
Mayor Carr called for a vote to appoint Candidate Jeff Morin to the vacant Council position. The motion
failed by the following vote:
AYES: Delgleize, and Posey
NOES: Peterson, Carr, Moser, and Kalmick
Mayor Carr called for a vote to appoint Candidate Gracey Van Der Mark to the vacant Council position.
The motion failed by the following vote:
AYES: Peterson, and Posey
NOES: Delgleize, Carr, Moser, and Kalmick
Mayor Carr asked if any Councilmember wanted to reconsider their vote, and stated the Charter clearly
states that a Special Election must be held if Council cannot make an appointment by July 31, 2021.
She described the three options available to fill the Council vacancy: 1) take another vote; 2) adjourn
this meeting to another Special Meeting; or 3) take no action and thereby force a Special Election.
A motion was made by Posey, second Peterson to adjourn this meeting until August 1, 2021.
A substitute motion was made by Carr to adjourn this meeting to a Special Meeting on July 30, 2021.
With no second, the substitute motion failed.
A substitute motion was made by Kalmick, second Carr, to adjourn this meeting to a reconvened
Special Meeting within the next seven days to continue the process of appointing a candidate to the
vacated City Council seat. The substitute motion carried by the following vote:
AYES: Delgleize, Carr, Posey, Moser, and Kalmick
NOES: Peterson
ADJOURNMENT — at 8:19 PM to the next regularly scheduled meeting of the Huntington Beach City
Council/Public Financing Authority on Tuesday, July 20, 2021, at 5:00 PM in the Civic Center Council
Chambers, 2000 Main Street, Huntington Beach, California.
An Adjourned Special Meeting to be held within seven days (date/time to be determined) in the Civic
Center Chambers, 2000 Main Street, Huntington Beach, California.
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INTERNET ACCESS TO CITY COUNCIL/PUBLIC FINANCING AUTHORITY AGENDA AND STAFF
REPORT MATERIAL IS AVAILABLE PRIOR TO CITY COUNCIL MEETINGS AT
http://www.huntingtonbeachca.gov
__________________________________________
City Clerk and ex-officio Clerk of the City Council of
the City of Huntington Beach and Secretary of the
Public Financing Authority of the City of Huntington
Beach, California
ATTEST:
______________________________________
City Clerk-Secretary
______________________________________
Mayor-Chair
52
Minutes
City Council/Public Financing Authority
City of Huntington Beach
Tuesday, July 20, 2021
5:00 PM – Closed Session
6:00 PM – Council Chambers
Civic Center, 2000 Main Street
Huntington Beach, California 92648
or Virtual via Zoom Webinar
A video recording of the 5:00 PM and 6:00 PM portions of this meeting
is on file in the Office of the City Clerk, and archived at
http://www.huntingtonbeach.ca.gov
5:00 PM - COUNCIL CHAMBERS
CALLED TO ORDER — 5:00 PM
ADMINISTER OATH OF OFFICE
ROLL CALL
Present: Peterson, Delgleize, Carr, Posey, Moser, and Kalmick
Absent: None
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution)
— None
PUBLIC COMMENTS PERTAINING TO CLOSED SESSION ITEMS (3-Minute Time Limit) — None
RECESSED TO CLOSED SESSION — 5:01 PM
A motion was made by Posey, second Delgleize to recess to Closed Session for Items 1 – 3. With no
objections, the motion passed.
CLOSED SESSION
City Attorney Michael Gates participated via Zoom.
1. 21-521 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION. Significant
Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) of Section
54956.9: Number of cases, three (3).
2. 21-527 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION. (Gov. Code
section 54956.9(d)(1).) Name of case: Gonzalez (Joshua) v. City of Huntington
Beach, et al.; USDC Case No.: 8:18-cv-00953-DOC (DFMx).
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3. 21-547 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - Initiation of
Litigation (Government Code § 54956.9(d)(4)) Orange County Council of
Governments v. Gustavo Velasquez, et al. Los Angeles Superior Court, Central
District Case No. 21STCP01970
6:00 PM - COUNCIL CHAMBERS
RECONVENED CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING — 6:22 PM
ROLL CALL
Present: Peterson, Delgleize, Carr, Posey, Moser, and Kalmick
Absent: None
City Attorney Michael Gates requested permission to be absent pursuant to City Charter Section 309(d),
and Chief Assistant City Attorney Mike Vigliotta attended in his place.
PLEDGE OF ALLEGIANCE — Led by Mayor Carr
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.
4. 21-452 Reverend James Pike, Lutheran Church of the Resurrection and member of the
Greater Huntington Beach Interfaith Council
CLOSED SESSION REPORT BY CITY ATTORNEY — Chief Assistant City Attorney Mike Vigliotta
reported that by a vote of 5-0-1 (Peterson left the room), Council excused the City Attorney from
participation in one of three potential litigation items identified under Closed Session Item No. 1
(21-521).
AWARDS AND PRESENTATIONS
5. 21-497 Mayor Carr called on Coach Ryan Parker and the Marina High School Boys
Volleyball and recognized their accomplishment as CIF Champs
Mayor Carr welcomed the Marina High School Boys Volleyball team and Coach Ryan Parker. She
announced the volleyball team had not won a single league game for 12 years, but under Coach Parker
this year they became CIF Champions for Division 4.
Coach Parker stated this was his first season as Head Coach, that many members of the team were first-
year Varsity players, and explained the season got off to a rough start with COVID-19 preventing practice
for several months. Players received a certificate from the City, as well as a certificate to Coach Parker
from Assemblywoman Janet Nguyen, to acknowledge their accomplishment.
6. 21-528 Mayor Carr presented the Mayor’s HB Excellence Award to Mike Dean, Building
Inspector III, Community Development Department
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Mayor Carr announced that Mike Dean received this recognition through nomination by his co-workers.
Mike started with the City September 1, 2001, as an experienced and knowledgeable Inspector.
Through the years, he has inspected both commercial and residential projects, including the recent
Navigation Center. He also represented the Building Division for the recent Annual Youth in Government
Day. His co-workers described him as going above and beyond in displaying all of the six core values of
humility, social awareness, passion, exceptionality, integrity and being team oriented. His co-workers
also described him as always being dependable, courteous, friendly, willing to help with anything and a
valuable member of the Inspection Division.
Community Development Director Ursula Luna-Reynosa described his true passion for the Huntington
Beach community, and stated it is rare for a regulatory service provider to receive so many compliments.
Mr. Dean thanked his wife and son for their support during those middle-of-the-night calls after a fire or
accident, and expressed appreciation to the whole department for their team effort and his nomination.
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution)
Pursuant to the Brown "Open Meetings" Act, City Clerk Robin Estanislau announced supplemental
communications received by her office following distribution of the Council Agenda packet:
City Manager’s Report
#7 (21-525) PowerPoint Presentation titled Huntington Beach Crime Stats submitted by Chief of
Police, Julian Harvey.
Consent Calendar
#15 (21-541) PowerPoint Presentation titled Bluff Top Park Improvement Project – Phase 1 – Award of
Replacement of Railing 9th Street to Seapoint Street submitted by Public Works Director,
Sean Crumby.
PUBLIC COMMENTS (3-Minute Time Limit) — 17 In-Person Speakers
The number [hh:mm:ss] following the speakers' comments indicates their approximate starting time in
the archived video located at http://www.surfcity-hb.org/government/agendas.
Bill Dahlin, an applicant for the vacant Council seat, was called to speak and shared his opinion the City
Council appears to be completely politically stagnated in their inability to appoint an applicant to the
vacant Council position. (00:23:25)
Laura Sire, a long-time resident of Huntington Beach and retired teacher, was called to speak and
shared her appreciation for many successful events and projects within the City, and thanked
Councilmembers for their patience, diligence and dedication. (00:26:44)
Jenny Braithwaite was called to speak and stated her support for Administrative Item 16 (21-531)
regarding the Middle-Income Housing Program. (00:29:49)
Tim Geddes, a resident of Huntington Beach for over 37 years, was called to speak and shared his
opinions regarding the final three applicants considered by the Council at their July 19, 2021, Special
Meeting to fill the vacant Council position, and stated his support for Rhonda Bolton. He also stated his
opposition to Item 17, the appointment of Vickie Talley to the Mobile Home Advisory Board. (00:33:20)
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Steve Mihatov, a resident of Huntington Beach whose property backs up to the Target store, was called
to speak and described his efforts for two years to mitigate the noise that comes from the electric
charging stations on the Target property into his yard. He asked the Council for assistance in resolving
the issue and Mayor Carr asked him to complete a blue card for follow-up. (00:36:16)
Avery Counts, Constituent Services Manager for Orange County 2nd District Supervisor Katrina Foley,
and resident of Huntington Beach, was called to speak and congratulated Huntington Beach for being
home to zip code 90742 which has 84.5 percent of the residents vaccinated, the highest vaccination rate
in the whole District; invited the business community to participate in the Veterans Workforce
Development Program which provides grants to hire veterans; and announced a Town Hall on the
Redistricting of the County Supervisorial Districts on August 12th at 6 PM at Orange Coast College
(OCC). OC Supervisor Foley may be reached through avery.counts@ocgov.com or by calling 714-559-
8364. (00:39:08)
Maria Piccolo, a resident of Huntington Beach, was called to speak and shared her opinions related to
the objectives of Mayor Carr and Councilmembers Kalmick and Moser, and their election supporters who
celebrated the resignation of Councilmember Tito Ortiz. She asked every Councilmember to reject hate
and division, and stated her support for the appointment of Gracey Van Der Mark to the vacant Council
position. (00:41:06)
Mary Whaley, a resident of Huntington Beach for about 40 years, was called to speak and stated her
opinion that the use of illegal fireworks has increased over the years and asked that Council consider
ways to address a situation that not only impacts people but also animals. (00:44:35)
Kathy Carrick, a 40+ year resident of Huntington Beach, was called to speak and stated her support for
fairness, an open mind and doing the right thing, which should result in appointing Gracey Van Der Mark
to the Council vacancy. (00:47:46)
Milt Dardis, a resident of southeast Huntington Beach, was called to speak and stated his opinion that at
the July 19, 2021, City Council special meeting, illegal age discrimination was committed by a seated
Councilmember who stated that the vacancy should not be filled by someone who is old, and may not be
able to serve the full term. Mr. Dardis stated his opinion that the comment was cause to hold a special
election to fill the vacant position fairly, and that Mayor Carr should dismiss the Councilmember for
discrimination and bias. (00:50:25)
Nader Hanna was called to speak and shared his opinions on cancel culture, which he described as
being exhibited by some Councilmembers, how far it has spread, and stated his opinion that cancel
culture can only be stopped at the local municipal level, one city at a time. (00:53:36)
Cari Swan was called to speak and thanked Councilmembers Delgleize and Posey for supporting a
Special Election to fill the vacant Council position, and stated her support for honoring the vote of the
people and appointing Gracey Van Der Mark, the next runner-up from the November 2020 election. She
further stated her opinion that Mayor Carr, and Councilmembers Kalmick and Moser appear to only be
interested in appointing someone who aligns with their personal politics, rather than representing the
residents of Huntington Beach. (00:56:56)
Casey McKeon was called to speak and asked why three Councilmembers are so against the wishes of
the voters, and stated his support for honoring the vote of the people and appointing Gracey Van Der
Mark, the next runner-up from the November 2020 election. (00:59:55)
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Anthony Maghdady was called to speak and for the public record shared his personal experience of
being accosted in Huntington Beach, described the lack of proper response, follow-up, a disappointing
meeting with City Councilmembers, and stated his opinion that the City Council is not doing their job.
(01:02:47)
Jack Steady, supporter of Tito Ortiz, was called to speak and stated his opinion that the Council needs
do the right thing and appoint Gracey Van Der Mark, the next runner-up from the November 2020
election, and added that in his opinion, Ms. Van Der Mark would win if a Special Election is held.
(01:05:22)
Valentina Bankhead was called to speak and condemned the actions of Mayor Carr at the July 19, 2021,
special meeting and stated her support for appointing Gracey Van Der Mark, the next runner-up from the
November 2020 election, and added that in her opinion, Ms. Van Der Mark would win if a Special
Election is held. (01:08:32)
Kathryn Levassiur, a resident of Huntington Beach and an individual who sat in Council Chambers
throughout the two days of applicant interviews, was called to speak, stated her support for applicant
Rhonda Bolton, and encouraged the Council to ensure there is no need for a Special Election. (01:11:28)
COUNCIL COMMITTEE — APPOINTMENTS — LIAISON REPORTS, AB 1234 REPORTING, AND
OPENNESS IN NEGOTIATIONS DISCLOSURES
Councilmember Posey reported that Orange County Mosquito and Vector Control formed a Joint
Committee to continue discussions on relocating headquarters to a new building. He reported there has
been no West Nile Virus activity in Orange County, but there are 2,628 residential pools flagged for
service because of murky or green water, and suspected to be breeding grounds for mosquitoes. He
also announced that Local Agency Formation Commission (LAFCO) adopted their Annual Work Plan,
and Orange County Power Authority (OCPA) adopted a Risk Management Policy.
Mayor Pro Tem Delgleize reported the Orange County Transportation Authority (OCTA) is on schedule
with the 405 Freeway project, but has experienced setbacks with the cities Street Car project; the Jet
Noise Commission had a productive meeting with Southwest Airlines and is trying to set up another
meeting with the FAA; and, the Association of California Cities – Orange County (ACC-OC) held a
workshop to plan out events for the next year. She also described Circuit, the new free transportation
service, available from 10 AM to 10 PM, seven days per week, for the Downtown area within the
boundary of Beach Boulevard, Adams Avenue, and Goldenwest Street to Pacific Coast Highway.
Councilmember Moser reported attending meetings of the Human Relations Task Force, Downtown
Urban Design Study, Downtown Business Improvement District (DTBID), and as the Homeless Task
Force liaison, a meeting with Mercy House staff, Wound Walk OC and Share Our Selves team members.
CITY MANAGER’S REPORT
7. 21-525 Crime Statistics: Update
City Manager Chi introduced Interim Police Chief Julian Harvey who presented a PowerPoint
communication titled Huntington Beach Crime Stats with slides entitled: Performance Measures, Calls for
Service - Response Times, Investigation Clearance Rate, Injury Traffic Collisions, DUI Related Traffic
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Collisions, Homeless Calls for Service, Part 1 Violent & Property Crime (2), Part 1 Crime - Regional
Comparison, Next Steps, and Questions?
Councilmember Posey and Interim Police Chief Harvey discussed how the “Be Well OC” program would
augment Police Officer efforts and the expectation it will be highly effective and will keep police
resources available for crime-related calls.
Mayor Pro Tem Delgleize and Interim Police Chief Harvey discussed pedestrian accidents, possible
improvements to avoid fatal accidents, and problematic intersections. Chief Harvey shared his
appreciation for the added support from the Council and City Manager Chi to authorize more staff on
patrols because more tickets and proactive actions to stop illegal activity will change behaviors.
Councilmember Moser and Chief Harvey discussed the dramatic increase in aggravated assault, which
many times is related to domestic violence, and available resources and tools. Councilmember Moser
stated she is encouraged by the increase in Homeless Contacts numbers.
CONSENT CALENDAR
8. 21-523 Approved and Adopted Minutes
A motion was made by Peterson, second Delgleize to approve and adopt the City Council/Public
Financing Authority regular meeting minutes dated July 6, 2021, as written and on file in the office of the
City Clerk.
The motion carried by the following vote:
AYES: Peterson, Delgleize, Carr, Posey, Moser, and Kalmick
NOES: None
9. 21-484 Approved and authorized execution of Professional Services Contracts for On-Call
Grant Writing and Administration Consulting Services with Advanced Avant-Garde,
Inc., Engineering Solution Services, KOA Corporation, and Villa Civil, APC
A motion was made by Peterson, second Delgleize to approve and authorize the Mayor and City Clerk to
execute, "Professional Services Contract between the City of Huntington Beach and Advanced Avant-
Garde Corporation, for On-Call Grant Writing and Administrative Consulting Services," in an amount not
to exceed $250,000; and, approve and authorize the Mayor and City Clerk to execute, "Professional
Services Contract between the City of Huntington Beach and Engineering Solutions Services for On-Call
Grant Writing and Administrative Consulting Services," in an amount not to exceed $250,000; and,
approve and authorize the Mayor and City Clerk to execute, "Professional Services Contract between the
City of Huntington Beach and KOA Corporation for On-Call Grant Writing and Administrative Consulting
Services," in an amount not to exceed $250,000; and, approve and authorize the Mayor and City Clerk to
execute, "Professional Services Contract between the City of Huntington Beach and Villa Civil, APC, for
On-Call Grant Writing and Administrative Consulting Services," in an amount not to exceed $250,000.
The motion carried by the following vote:
AYES: Peterson, Delgleize, Carr, Posey, Moser, and Kalmick
NOES: None
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10. 21-493 Approved and authorized execution of Professional Services Contracts for On-Call
Architectural Engineering Services with Johnson Favaro, Kitchell, PBK-WLC,
Studio One Eleven, and Westberg White
A motion was made by Peterson, second Delgleize to approve and authorize the Mayor and City Clerk to
execute, "Professional Services Contract between the City of Huntington Beach and Johnson Favaro for
On-Call Architectural Engineering and Professional Consulting Services," in an amount not to exceed
$2,000,000; and, approve and authorize the Mayor and City Clerk to execute, "Professional Services
Contract between the City of Huntington Beach and Kitchell/CEM, Inc. for On-Call Architectural
Engineering and Professional Consulting Services," in an amount not to exceed $1,000,000; and,
approve and authorize the Mayor and City Clerk to execute, "Professional Services Contract between the
City of Huntington Beach and PBK-WLC for On-Call Architectural Engineering and Professional
Consulting Services," in an amount not to exceed $1,000,000; and, approve and authorize the Mayor
and City Clerk to execute, "Professional Services Contract between the City of Huntington Beach and
RDC-S111, Inc. dba Studio One Eleven for On-Call Architectural Engineering and Professional
Consulting Services," in an amount not to exceed $1,000,000; and, approve and authorize the Mayor
and City Clerk to execute, "Professional Services Contract between the City of Huntington Beach and
Westberg White, Inc. for On-Call Architectural Engineering and Professional Consulting Services," in an
amount not to exceed $1,000,000.
The motion carried by the following vote:
AYES: Peterson, Delgleize, Carr, Posey, Moser, and Kalmick
NOES: None
11. 21-492 Approved and authorized execution of Amendment No. 1 to the Agreement Between
the City of Huntington Beach and Central Net Operations/Joint Powers for Fire
Emergency Training Services
A motion was made by Peterson, second Delgleize to approve and authorize the Mayor and City Clerk to
execute, "Amendment No. 1 to the Agreement between the City of Huntington Beach and Central Net
Operations/Joint Powers for Fire Emergency Training Services."
The motion carried by the following vote:
AYES: Peterson, Delgleize, Carr, Posey, Moser, and Kalmick
NOES: None
12. 21-520 Approved and authorized execution of Amendment No. 1 to Cooperative Agreement
No. C-3-1845 with Orange County Transportation Authority (OCTA) for Project V
Community Based Transit/Circulators
A motion was made by Peterson, second Delgleize to approve and authorize the Mayor and City Clerk to
execute, "Amendment No. 1 to Cooperative Agreement No. C-3-1845 between Orange County
Transportation Authority and the City of Huntington Beach for Project V Community Based
Transit/Circulators (Project No. 14-HBCH-CBT-3743)."
The motion carried by the following vote:
AYES: Peterson, Delgleize, Carr, Posey, Moser, and Kalmick
NOES: None
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13. 21-524 Approved and authorized execution of Amendment No. 3 to Professional Services
Contract with Goal Productions for On-Call Video Production Services for HBTV
Channel 3
A motion was made by Peterson, second Delgleize to approve and authorize the Mayor and City Clerk to
execute, "Amendment No. 3 to Professional Services Contract between the City of Huntington Beach
and Goal Productions, Inc. for On-Call Video Production Services."
The motion carried by the following vote:
AYES: Peterson, Delgleize, Carr, Posey, Moser, and Kalmick
NOES: None
14. 21-529 Approved and authorized execution of a Ground Lease Agreement with the Ocean
View School District of Orange County regarding the Oak View Library Branch and
Parking Lot Site
A motion was made by Peterson, second Delgleize to approve and authorize the Mayor and City Clerk to
execute, "Ground Lease Agreement between the City of Huntington Beach and Ocean View School
District of Orange County RE: Oak View Library Branch and Parking Lot Site."
The motion carried by the following vote:
AYES: Peterson, Delgleize, Carr, Posey, Moser, and Kalmick
NOES: None
15. 21-541 Accepted the lowest responsive and responsible bid and authorized execution of a
construction contract with J&A Engineering Corporation (J&A Fence) in the amount
of $1,096,227 for the Bluff Top Park Railing Project, CC-1631
A motion was made by Peterson, second Delgleize to accept the most responsive and responsible bid
submitted by J&A Fence in the amount of $1,096,227; and, authorize the Mayor and City Clerk to
execute a construction contract in a form approved by the City Attorney.
The motion carried by the following vote:
AYES: Peterson, Delgleize, Carr, Posey, Moser, and Kalmick
NOES: None
*17. 21-550 Approved an appointment to the Mobile Home Advisory Board (MHAB)
(Added 7/16)
A motion was made by Peterson, second Delgleize to approve the appointment of Vickie Talley as an
Owner Member of the MHAB effective immediately through August 5, 2025.
The motion carried by the following vote:
AYES: Peterson, Delgleize, Carr, Posey, Moser, and Kalmick
NOES: None
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ADMINISTRATIVE ITEMS
16. 21-531 Approved Middle Income Housing Program by adopting Resolution No. 2021-43 and
Resolution No. 2021-44; Authorized the City Manager to enter into Public Benefit
Agreements and execute Middle-Income Housing Program agreements, and
determined that these actions are not subject to the California Environmental
Quality Act
City Manager Chi introduced Director of Community Development Ursula Luna-Reynosa who presented
an overview of the proposed Middle Income Housing program.
Mayor Pro Tem Delgleize stated her support for the item and discussed with Director Luna-Reynosa the
benefits for the City by providing middle-income rental housing, and her appreciation for the opportunity
to provide affordable housing to middle-income wage earners.
Councilmember Posey stated his support for this item and the potential for increased discretionary
income spent at local businesses to offset some of the property tax loss. He also sees the benefit for
local preference for people who are working in Huntington Beach. Councilmember Posey and Janice
Eckles, Administrative Analyst Principal discussed details related to certifying and annual audit to ensure
project residents meet the local preference qualifications, which will be determined at the time the
property is converted.
In response to Councilmember Posey's question to clarify how a taxing agency, such as Orange County
Mosquito and Vector Control as an example, is made whole, Ben Barker of California Municipal Finance
Authority (CMFA) explained that only property taxes, not any special levies, are impacted by this
program.
Councilmember Moser and Director Luna-Reynosa discussed that school districts are made whole at the
time the property transfers to the City as a general levy on property tax. There was further discussion
that California Environmental Quality Act (CEQA) guidelines do not affect this project because these are
existing buildings and their environmental impact has already been addressed.
In response to whether these units will help meet the City's Regional Housing Needs Assessment
(RHNA) numbers, Director Luna-Reynosa explained that under today's law these units do not quality to
be counted to meet the City's RHNA numbers; however, pending legislation could change that. Ben
Barker explained that he is not aware of any major opposition to California Assembly Bill 787, but it is
probably about two years out from being implemented if it passes.
Councilmember Peterson stated he cannot support projects or government housing that provide
subsidies, which in his opinion is effectively rent control.
Mayor Pro Tem Delgleize asked for clarification on property tax implications and Director Luna-Reynosa
explained that since the Joint Powers Authority (JPA) purchasing the assets is a government entity and
therefore tax exempt, the properties fall off the tax roll for at least 15 years. In the end, when the
property transfers back to the City at an appreciated value, the Return on Investment (ROI) is expected
to be significant enough to replace the lost property tax for all affected entities, plus additional revenue.
Mayor Carr and staff Analyst Eckles reviewed CMFA's commitment to giving the City twenty-five percent
(25%) of the bond issuance fee, currently estimated at $267,500, which would be committed to the Local
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Council/PFA Regular Meeting Minutes
July 20, 2021
Page 10 of 11
Housing Trust Fund for future middle-income projects. In addition, CMFA has committed to giving
another 25%, or $267,500, to a local non-profit of the City's choice.
Mayor Carr further stated that one-third of the units would be available for those at 80% of Area Median
Income (AMI), one-third available for those at 100% of AMI, and one-third available for those at 120% of
AMI.
In response to statements questioning whether this project is rent control, Director Luna Reynosa stated
since the rental amounts are determined by the property owner, rather than by a municipality restricting
what a private property owner can charge, this project is not rent control.
A motion was made by Carr, second Delgleize to adopt Resolution Nos. 2021-43 and 2021-44
approving, authorizing, and directing execution of joint exercise of powers agreements relating to the
CMFA Special Finance Agency VII and VIII (collectively the "Agency") supporting the Agency's issuance
of bonds for the production, preservation, and protection of essential middle-income rental housing
("Middle-Income Housing Program"); and, authorize and direct the City Manager to enter into Public
Benefit Agreements, substantially in the form attached, with the Agency, which may result in the City
receiving surplus revenue from the future sale of the Projects; and, authorize and direct the City Manager
to execute related documents and take any additional actions that may be required to implement the
Middle-Income Housing Program; and, determine that this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15060(c)(2) and 15060(c)(3),
because it will not result in a direct or reasonably foreseeable indirect physical change in the
environment, and it is not a "project" pursuant to Section 15378(b)(5) of the State CEQA Guidelines.
The motion carried by the following vote:
AYES: Delgleize, Carr, Posey, Moser, and Kalmick
NOES: Peterson
COUNCILMEMBER COMMENTS (Not Agendized)
Councilmember Kalmick reported attending the HB Circuit Cars Launch Ribbon Cutting at Pier Plaza,
Huntington Beach Fire Department Hot Dog BBQ at Jr. Lifeguard Headquarters, and a Sunset Beach
Pancake Breakfast.
Councilmember Moser reported meeting with City Management, Central Library and local arts
organizations representatives to clarify expectations for Central Library space for teens and art displays.
She announced that from Saturday, July 17 through Saturday, August 21, the Huntington Beach Art
Center Presents Surfing the Pacific Rim; and a new Arts Grant from OC Supervisor Foley's District. She
reported touring a Jamboree permanent veterans' supportive housing project that includes wrap-around
services and praised the quality of the project and facilities. Council Moser described her successful
initial experience with hailing a Circuit ride.
Mayor Pro Tem Delgleize reported attending the 2021 Huntington Beach Sunshine Classic Gala —
Dinner and Equestrian Jumping Show at the Equestrian Center where attendees experienced an epic
Huntington Beach summer sunset.
Mayor Carr echoed Mayor Pro Tem Delgleize's comments regarding the wonderful experience at the
Equestrian Center to benefit the Free Rein Foundation, and reported attending the opening for the
Huntington Beach Art Center Surfing the Pacific Rim exhibition, Huntington Beach Fire Department Hot
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Council/PFA Regular Meeting Minutes
July 20, 2021
Page 11 of 11
Dog BBQ at Jr. Lifeguard Headquarters, and United to Heal — Lighting a Candle Together with Senator
Dave Min at Irvine's Civic Center Plaza to acknowledge the 5,000 people who passed away in the last 18
months due to COVID-19.
Mayor Carr closed the meeting in memory of surfing legend Rick "Rockin' Fig" Fignetti who recently
passed of a heart attack at the age of 64, by highlighting his accomplishments and sharing examples of
his authentic style, and described Fig as a true icon who will be greatly missed by many. Mayor Carr
announced that on Tuesday, July 27 at Surf City Nights, at 5 — 6:30 PM in front of Surf City Ale House,
Don Ramsey's Band will perform in honor of Fig.
ADJOURNMENT — at 8:43 PM in memory of Rick "Rockin’ Fig" Fignetti to the next regularly scheduled
meeting of the Huntington Beach City Council/Public Financing Authority on Tuesday, August 3, 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
_________________________________________
City Clerk and ex-officio Clerk of the City Council of
the City of Huntington Beach and Secretary of the
Public Financing Authority of the City of Huntington
Beach, California
ATTEST:
______________________________________
City Clerk-Secretary
______________________________________
Mayor-Chair
63
Adjourned Special Meeting Minutes
City Council/Public Financing Authority
City of Huntington Beach
Monday, July 26, 2021
6:00 PM – Council Chambers
Civic Center, 2000 Main Street
Huntington Beach, California 92648
or Virtual via Zoom Webinar
A video recording of the 6:00 PM portion of this meeting
is on file in the Office of the City Clerk, and archived at
http://www.huntingtonbeach.ca/gov
6:00 PM - COUNCIL CHAMBERS
RECONVENED CITY COUNCIL/PUBLIC FINANCING AUTHORITY SPECIAL MEETING
OF JULY 19, 2021
ROLL CALL
Present: Peterson, Delgleize, Carr, Posey, Moser, and Kalmick
Absent: None
PLEDGE OF ALLEGIANCE — Led by Councilmember Peterson
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution)
Pursuant to the Brown "Open Meetings" Act, City Clerk Robin Estanislau announced supplemental
communications received by her office following distribution of the Council Agenda packet:
City Clerk’s Report
#1 (21-565) Recap of Action Taken at July 19, 2021 Meeting submitted by City Clerk Robin Estanislau
Administrative Items
#2 (21-564) One Hundred Forty-Four (144) email communications received regarding the unscheduled
vacancy on the City Council
PUBLIC COMMENTS (3 Minute Time Limit) — 25 In-Person and 4 Call-In Public Speakers
The number [hh:mm:ss] following the speakers' comments indicates their approximate starting time in
the archived video located at http://www.surfcity-hb.org/government/agendas.
Jenny Braithwaite, an applicant for the City Council vacancy, was called to speak and stated her opinion
there are many better ways to spend $1M than on a Special Election, and encouraged the current
Councilmembers to compromise to reach a majority decision. (00:05:22)
Laura Sire, a long-time resident of Huntington Beach and a retired teacher, was called to speak, thanked
Councilmembers for their service, and reiterated the City Council responsibility, per the City Charter, to
fill an unscheduled vacancy through appointment. (00:07:41)
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Council/PFA Adjourned Special Meeting
July 26, 2021
Page 2 of 5
Kathy Carrick, a 47-year resident of Huntington Beach, was called to speak and stated her support for
appointing Gracey Van Der Mark to the Council vacancy. (00:10:51)
Russell Neal, a resident of Huntington Beach, was called to speak and stated his support for appointing
Gracey Van Der Mark to the Council vacancy, but considering the amount of political division within the
City, Mr. Neal added his opinion that calling for a Special Election is the most fair way to proceed.
(00:13:57)
Nicole Dutton was called to speak and stated her support for either appointing Gracey Van Der Mark, or
holding a Special Election, to fill the vacant City Council position. (00:15:49)
Kimo Gandall, a Professional Registered Parliamentarian, Real Estate Agent, and Former Chairman of
the California College Republicans and College Republicans at UCI, was called to speak and stated his
support for either appointing Gracey Van Der Mark, or holding a Special Election, to fill the vacant City
Council position. (00:17:55)
Karen Carroll, a 45-year resident of Huntington Beach and veteran high school teacher, was called to
speak and shared her expectation that City Council will follow Charter guidelines and select the applicant
who will ethically and legally advocate for, and act in the best interests of, all residents. (00:21:08)
Tim Geddes, a long-time resident of Huntington Beach, was called to speak and stated his support for
appointing a known and respected former Councilmember to the vacant Council position to avoid the
fiscal and community turmoil of a Special Election, while also allowing all aspirants to run for a Council
position on an equal basis in 2022. (00:23:20)
Martha Morrow, an applicant for the City Council vacancy, was called to speak and shared her opinion
that many City Council members appear to be more interested in appointing a candidate that aligns with
their respective ideologies rather than listening to and respecting the voice of the voters. (00:26:20)
An unnamed guest, lifetime resident of Huntington Beach and Candidate for City Council in 2022, was
called to speak and shared his support for a Special Election to fill the vacant City Council position, and
described efforts to ensure that candidates with conservative values are elected to the City Council in
2022. (00:30:36)
An unnamed guest was called to speak and stated his support for honoring the voters and appointing
Gracey Van Der Mark to fill the vacant City Council position. (00:34:13)
John Aird, a resident of Huntington Beach and 22-year Veteran, was called to speak and passionately
shared his support for a Special Election to provide voters the opportunity to exercise their democratic
right to fill the vacant City Council position. (00:35:18)
An unnamed guest was called to speak and stated her support for a Special Election, rather than
allowing Councilmembers to appoint a candidate that aligns with their ideologies, as the fairest way to fill
the vacant City Council position. (00:38:35)
John Bostick was called to speak and stated his opinion that filling the vacant City Council position
should not be about partisanship, but rather ensuring a team that represents all residents of the great city
of Huntington Beach. (00:42:03)
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Council/PFA Adjourned Special Meeting
July 26, 2021
Page 3 of 5
Galen Pickett, a long-time resident of Huntington Beach, was called to speak and stated his opinion that
it is the duty of City Councilmembers to fill the vacant position by appointment, but not by appointing the
candidate who lost by the least votes in the November 2020 election. (00:44:30)
Kathryn Levassiur, a resident of Huntington Beach, was called to speak and stated her support for the
Council making an appointment as the City Charter requires to fill the City Council vacancy. (00:46:40)
Rhonda Bolton, applicant for the vacant City Council position, was called to speak and described her
qualifications for the position and her goal to see that all residents feel safe, have a decent place to live,
and have economic opportunity. She further stated her opinion that Councilmembers should take care of
business without being paralyzed by partisan division. (00:49:30)
Frank Zappia, a long-time resident of Huntington Beach, was called to speak and stated his support for a
Special Election to fill the vacant City Council position, especially considering the lack of Council
consensus at the last Special Meeting. (00:51:41)
Ceason Baker, a 15-year resident of Huntington Beach, was called to speak and stated that if the
Council is not able to reach a consensus and appoint Gracey Van Der Mark to the vacant City Council
position, then they should call for a Special Election. (00:53:55)
Beverly Braden, a resident of Huntington Beach for over 20 years, was called to speak and stated that
even though she did not personally vote for Gracey Van Der Mark, in her opinion appointing Gracey Van
Der Mark to the vacant City Council position is the right thing to do, or call for a Special Election.
(00:56:56)
Nader Hanna was called to speak, described a hypothetical City Council meeting, and used historical
situations and Biblical references to support his opinion that the current situation in Huntington Beach will
turn into a civil matter given how irate people are. (00:58:35)
Kainoa Vea, a life-long resident of Huntington Beach, was called to speak and stated his support for
appointing Gracey Van Der Mark to fill the vacant City Council position, or call for a Special Election.
(01:01:55)
Maria Piccolo, a resident of Huntington Beach for over 20 years, was called to speak and stated her
opinion that Huntington Beach residents supported diversity in the November 2020 election, not the
identity politics currently exhibited by City Councilmembers. (01:03:46)
Suzanne Cervellon, a resident of Huntington Beach for over 20 years, was called to speak and stated her
support for appointing Gracey Van Der Mark to fill the vacant City Council position. (01:07:11)
Bruce Wareh, a 32-year resident of Huntington Beach, was called to speak and stated his support for
honoring the November 2020 election and appointing Gracey Van Der Mark to the vacant City Council
position. (01:08:34)
Call-in speaker Janet Michels, a 25-year resident of Huntington Beach, was invited to speak and stated
her support for the appointment of Rhonda Bolton to the vacant City Council position. (01:11:35)
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Council/PFA Adjourned Special Meeting
July 26, 2021
Page 4 of 5
Call-in speaker Buzz McCord was invited to speak and stated his support for Council appointing a
constructive and reasonable voice to the vacant City Council position, and not waste taxpayer funds by
calling for a Special Election. (01:13:19)
Call-in speaker Kathy O'Conner Phelps, a 25-year resident of Huntington Beach and former member of
the Design Review Board, was invited to speak and encouraged recently elected Councilmembers to
demonstrate their election promises to represent the residents of Huntington Beach by appointing
Gracey Van Der Mark to the vacant City Council position, or call for a Special Election. (01:15:24)
Call-in speaker Katie was invited to speak and shared her opinion that the City Charter should be
honored and Council should make an appointment to fill the vacant City Council position. (01:16:56)
CITY CLERK’S REPORT
1. 21-565 City Clerk Estanislau provided a recap of action taken at the July 19, 2021, Special
Meeting
ADMINISTRATIVE ITEMS
2. 21-564 Appointed Rhonda Bolton to fill the unscheduled vacancy on the City Council
(continued from July 19, 2021)
Mayor Carr stated that the Council had the option to reconsider appointing one of the final three
candidates of Rhonda Bolton, Jeff Morin, or Gracey Van Der Mark, or call for a Special Election.
Mayor Pro Tem Delgleize read a prepared statement, which included her reasons for supporting the
appointment of Rhonda Bolton to the vacant City Council position.
A motion was made by Carr, second Kalmick to select Rhonda Bolton for appointment to the vacated
City Council seat.
A substitute motion was made by Posey, second Peterson to call for a Special Election to fill the vacated
City Council seat.
The substitute motion failed by the following vote:
AYES: Peterson, and Posey
NOES: Delgleize, Carr, Moser, and Kalmick
The original motion made by Carr, second Kalmick to select Rhonda Bolton for appointment to the
vacated City Council seat, carried by the following vote:
AYES: Delgleize, Carr, Moser, and Kalmick
NOES: Peterson, and Posey
RECESS: At 7:35 PM, Mayor Carr called for a 10-minute recess; the meeting reconvened at 7:48 PM.
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Council/PFA Adjourned Special Meeting
July 26, 2021
Page 5 of 5
City Clerk Estanislau administered the Oath of Allegiance to newly appointed member of the City
Council, Rhonda Bolton. Councilmember Bolton took a seat on the dais.
COUNCILMEMBER COMMENTS (Not Agendized) — None
ADJOURNMENT — 7:51 PM to the next regularly scheduled meeting of the Huntington Beach City
Council/Public Financing Authority on Tuesday, August 3, 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
___________________________________________
City Clerk and ex-officio Clerk of the City Council of
the City of Huntington Beach and Secretary of the
Public Financing Authority of the City of Huntington
Beach, California
ATTEST:
______________________________________
City Clerk-Secretary
______________________________________
Mayor-Chair
68
City of Huntington Beach
File #:21-570 MEETING DATE:8/3/2021
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:
Consider positions on legislation pending before the State and Federal Legislature, as recommended
by the Intergovernmental Relations Committee (IRC)
Statement of Issue:
On July 21, 2021, the Intergovernmental Relations Committee (IRC), comprised of Mayor Kim Carr
and Mayor Pro Tem Barbara Delgleize (with Council Member Mike Posey absent) discussed State
and Federal issues with relevance to Huntington Beach. Following discussion, the IRC chose to take
positions on certain proposed legislation, which are presented to the City Council for further
consideration.
Financial Impact:
Not applicable.
Recommended Action:
Approve one or more City positions on the following State and Federal legislation:
A) Support if Amended AB 1201 (Ting) - Labelling of Plastic Products for Compostability and
Biodegradability.
B) Watch SB 1 (Atkins) - Environmental, Public Health, and Workers Defense Act of 2019.
C) Withdraw Opposition to AB 339 (Lee) - Public Meeting Participation Requirements.
D) Submit two requests to the Orange County and State Redistricting Bodies.
Alternative Action(s):
Do not approve one or more recommended legislative positions and direct staff accordingly.
Analysis:
On July 21, 2021, the IRC recommended positions on the following State and Federal legislation,
which are being presented to the City Council for consideration:
City of Huntington Beach Printed on 7/28/2021Page 1 of 3
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File #:21-570 MEETING DATE:8/3/2021
1. SUPPORT IF AMENDED - AB 1201 (Ting) - Labelling of Plastic Products for
Compostability and Biodegradability
This bill would prohibit the sale of a plastic product that is labeled with the term "compostable,"
"home compostable," or "soil biodegradable" unless, at the time of sale or offering for sale, the
product has a certification from a third-party certification entity that is approved by CalRecycle;
does not include intentionally added perfluoroalkyl or polyfluoroalkyl substances; is clearly
distinguishable from noncompostable products; and is an allowable organic input under the
requirements of the US Department of Food and Agriculture and California Department of Food
and Agriculture.The IRC commends AB 1201’s environmental justice initiative, but would only
support if amended to include additional requirements that more clearly identify plastics that are
truly compostable. The proposed requirements include meeting applicable American Society for
Testing and Materials (ASTM) standards for compostability; be clearly distinguishable as
compostable with certain labeling requirements including the use of specific marks and colors;
and must not be made from naturally occurring materials such as paper, wood, and starches. At
this time, California statute allows non-biodegradable plastics to be labeled “compostable” without
having to meet certain standards.
2. WATCH - SB 1 (Atkins) - Environmental, Public Health, and Workers Defense Act of 2019
This bill requires state and regional agencies to identify, assess, and, to the extent feasible and
consistent with their statutory authorities, minimize and mitigate the impacts of sea level rise. It
also requires the California Coastal Commission (CCC) to adopt, after a public hearing,
procedures related to Local Coastal Programs (LCPs) that provide recommendations and
guidelines to incorporate new information as it becomes available, for the identification,
assessment, minimization, and mitigation of sea level rise. Additional funding may be available
for existing environmental justice programs focused on disadvantaged communities.There is
concern over an existing CCC position that publicly owned and maintained flood protection
devices - including those owned and maintained by the OC Flood Control District - cannot be
relied upon by projects and planning documents to mitigate and assess risks from future sea level
rise. Considering many of these facilities provide flood protection for thousands of homes,
businesses, and critical infrastructure projects, the IRS is requesting an amendment to SB 1 to
provide clarity on this existing CCC position. Maintaining this position may preclude large areas
within the coast zone from planning efforts that may include priority housing goals of statewide
importance and other issues. The IRC will watch this bill as it develops.
3. WITHDRAW OPPOSITION - AB 339 (Lee) - Public Meeting Participation Requirements
AB 339 would require all public meetings to include a call-in option and an internet-based service
option with extensive closed captioning services. This bill would also require legislative bodies to
translate all agendas and instructions for accessing the meeting into languages for which 5% of
the population in the area governed by the local agency are speakers, as well as in-person
translation services. Lastly, the bill would require local agencies to provide in-person translation
services for the aforementioned languages.The City initially registered an oppose position,
because the bill did not account for how local agencies will implement and fund these extensive
technological and staffing requirements. However, the bill was recently amended to apply only to
cities and counties with over 250,000 residents. As such, the bill no longer applies to Huntington
Beach, and the IRC recommends withdrawing its oppose position.
4. Submit two requests to the Orange County and State Redistricting Commissions
Following each Census, the State and Counties undergo an extensive redistricting process that
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File #:21-570 MEETING DATE:8/3/2021
Following each Census, the State and Counties undergo an extensive redistricting process that
takes into consideration geographic and demographic changes that have occurred over the
previous 10 years. With the completion of the 2020 Census, both governing bodies have initiated
the redistricting process which are driven by several criteria for each newly formed, modified, or
preserved district including equal populations; compliance with the Voting Rights Act to ensure
minority populations have an equal opportunity to elect representatives of their choice; contiguity
to keep all parts of a community’s districts connected; minimization of the division of a community;
geographically compact; and other criteria. Both the State and County’s public input processes
are well underway, and the IRC recommends submitting a letter to both agencies with the
following two requests: 1) that Huntington Beach districts remain contiguous and the City remain
as minimally divided as possible; and 2) that Huntington Beach remain in districts that include
other coastal communities due to the similarity of our interests and needs.
Environmental Status:
Not applicable.
Strategic Plan Goal:
Non Applicable - Administrative Item
Attachment(s):
1. AB 1201 (Atkins)
2. SB 1 (Ting)
3. AB 339 (Lee)
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AMENDED IN ASSEMBLY JUNE 24, 2021
AMENDED IN SENATE MARCH 23, 2021
SENATE BILL No. 1
Introduced by Senator Atkins
(Principal coauthor: Senator Stern)
(Principal coauthor: Assembly Member Petrie-Norris)
(Coauthors: Senators Hertzberg, Hueso, Laird, Limón, and
Portantino)
December 7, 2020
An act to amend Sections 30001.5, 30501, and 71116 of, to add
Section 30421 to, to add Article 8 (commencing with Section 30270)
to Chapter 3 of Division 20 of, and to add Division 20.6.5 (commencing
with Section 30970) to, the Public Resources Code, relating to coastal
resources.
legislative counsel’s digest
SB 1, as amended, Atkins. Coastal resources: sea level rise.
(1) Existing law, the California Coastal Act of 1976, establishes the
California Coastal Commission and provides for planning and regulation
of development in the coastal zone, as defined. The act requires the
commission, within 90 days after January 1, 1977, to adopt, after public
hearing, procedures for the preparation, submission, approval, appeal,
certification, and amendment of a local coastal program, including a
common methodology for the preparation of, and the determination of
the scope of, the local coastal programs, as provided.
This bill would also include, as part of the procedures the commission
is required to adopt, recommendations and guidelines for the
identification, assessment, minimization, and mitigation of sea level
rise within each local coastal program, as provided. The bill would
97 72
delete the timeframe specified above by which the commission is
required to adopt these procedures. The bill would require the
commission to take into account the effects of sea level rise in coastal
resource planning and management policies and activities, as provided.
In addition, the bill would require state and regional agencies to identify,
assess, and, to the extent feasible and consistent with their statutory
authorities, minimize avoid, minimize, and mitigate the impacts of sea
level rise. To the extent that a regional agency is a local public agency,
this bill would impose a state-mandated local program.
The act makes legislative findings and declarations relating to the
basic goals of the state for the coastal zone.
This bill would add, as part of those goals, the goal of anticipating,
assessing, planning for, and, to the extent feasible, minimizing avoiding,
minimizing, and mitigating the adverse environmental and economic
effects of sea level rise within the coastal zone.
(2) Existing law requires the Natural Resources Agency, in
collaboration with the Ocean Protection Council, to create and post on
an internet website a Planning for Sea Level Rise Database describing
steps being taken throughout the state to prepare for, and adapt to, sea
level rise.
This bill would create within the council the California Sea Level
Rise State and Regional Support Collaborative. The bill would require
the collaborative, among other things, to provide state and regional
information to the public and support to local, regional, and other state
agencies for the identification, assessment, planning, and, where feasible,
the mitigation of the adverse environmental, social, and economic effects
of sea level rise, as provided. The bill would require, upon appropriation
in the annual Budget Act, the collaborative to expend no more than
$100,000,000 annually from appropriate bond funds and other sources
for the purpose of making grants to local and regional governments to
update local and regional land use plans to take into account sea level
rise and for directly related investments to implement those plans, as
provided. The bill would require the Secretary for Environmental
Protection and the Secretary of the Natural Resources Agency, as part
of the adoption of the annual Budget Act, to annually appear before the
budget committees of both houses of the Legislature regarding the
implementation of the above provisions.
(3) Existing law establishes the Environmental Justice Small Grant
Program under the jurisdiction of the California Environmental
Protection Agency, with the purpose to provide grants to eligible
97
— 2 — SB 1 73
community groups that are located in areas adversely affected by
environmental pollution and hazards and that are involved in work to
address environmental justice issues. Existing law authorizes the
Secretary for Environmental Protection to expend up to $1,500,000 per
year for purposes of this grant program.
This bill would instead authorize the secretary to expend up to
$2,000,000 per year for purposes of the grant program and would require
up to $500,000 of that money to be expended by the secretary for grants
to organizations working to address and mitigate the effects of sea level
rise in disadvantaged communities, as defined, impacted by sea level
rise.
(4) The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to the statutory
provisions noted above.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 30001.5 of the Public Resources Code
line 2 is amended to read:
line 3 30001.5. The Legislature further finds and declares that the
line 4 basic goals of the state for the coastal zone are to:
line 5 (a) Protect, maintain, and, where feasible, enhance and restore
line 6 the overall quality of the coastal zone environment and its natural
line 7 and artificial resources.
line 8 (b) Ensure orderly, balanced utilization and conservation of
line 9 coastal zone resources taking into account the social and economic
line 10 needs of the people of the state.
line 11 (c) Maximize public access to and along the coast and maximize
line 12 public recreational opportunities in the coastal zone consistent
line 13 with sound resources conservation principles and constitutionally
line 14 protected rights of private property owners.
line 15 (d) Ensure priority for coastal-dependent and coastal-related
line 16 development over other development on the coast.
97
SB 1 — 3 — 74
line 1 (e) Encourage state and local initiatives and cooperation in
line 2 preparing procedures to implement coordinated planning and
line 3 development for mutually beneficial uses, including educational
line 4 uses, in the coastal zone.
line 5 (f) Anticipate, assess, plan for, and, to the extent feasible,
line 6 minimize avoid, minimize, and mitigate the adverse environmental
line 7 and economic effects of sea level rise within the coastal zone.
line 8 SEC. 2. Article 8 (commencing with Section 30270) is added
line 9 to Chapter 3 of Division 20 of the Public Resources Code, to read:
line 10
line 11 Article 8. Sea Level Rise
line 12
line 13 30270. The commission shall take into account the effects of
line 14 sea level rise in coastal resources planning and management
line 15 policies and activities in order to identify, assess, and, to the extent
line 16 feasible, avoid and mitigate the adverse effects of sea level rise.
line 17 SEC. 3. Section 30421 is added to the Public Resources Code,
line 18 to read:
line 19 30421. State and regional agencies shall identify, assess, and,
line 20 to the extent feasible and consistent with their statutory authorities,
line 21 minimize avoid, minimize, and mitigate the impacts of sea level
line 22 rise.
line 23 SEC. 4. Section 30501 of the Public Resources Code is
line 24 amended to read:
line 25 30501. The commission shall adopt, after public hearing,
line 26 procedures for the preparation, submission, approval, appeal,
line 27 certification, and amendment of a local coastal program, including,
line 28 but not limited to, all of the following:
line 29 (a) A common methodology for the preparation of, and the
line 30 determination of the scope of, the local coastal programs, taking
line 31 into account the fact that local governments have differing needs
line 32 and characteristics.
line 33 (b) Recommended uses that are of more than local importance
line 34 that should be considered in the preparation of local coastal
line 35 programs. Those uses may be listed generally or the commission
line 36 may, from time to time, recommend specific uses for consideration
line 37 by a local government.
line 38 (c) Recommendations and guidelines, which shall be periodically
line 39 updated by the commission to incorporate new information as it
line 40 becomes available, for the identification, assessment, minimization,
97
— 4 — SB 1 75
line 1 and mitigation of sea level rise within each local coastal program,
line 2 taking into account local and regional conditions and the differing
line 3 capacities and funding available to local governments.
line 4 SEC. 5. Division 20.6.5 (commencing with Section 30970) is
line 5 added to the Public Resources Code, to read:
line 6
line 7 DIVISION 20.6.5. CALIFORNIA SEA LEVEL RISE
line 8 MITIGATION AND ADAPTATION ACT OF 2021
line 9
line 10 30970. This division shall be known, and may be cited, as the
line 11 California Sea Level Rise Mitigation and Adaptation Act of 2021.
line 12 30971. The Legislature finds and declares all of the following:
line 13 (a) California has 1,264 miles of coastline, and, if small bays
line 14 and inlets are included, it has up to 3,000 miles of coastline located
line 15 on the western seaboard of the United States, all of which is prone
line 16 to the severe and pervasive effects of sea level rise.
line 17 (b) According to the “State of California Sea-Level Rise
line 18 Guidance Document” issued by the Natural Resources Agency
line 19 and the Ocean Protection Council, the impacts of sea level rise on
line 20 the state will be significant and pervasive, and could occur as soon
line 21 as within the next decade.
line 22 (c) (1) As with most impacts from climate change, the impacts
line 23 of sea level rise are both environmental and economic, including
line 24 losses to publicly owned infrastructure, such as airports, rail lines,
line 25 streets and highways, pipelines, waste water treatment plants,
line 26 schools, hospitals, and other facilities.
line 27 (2) For example, the catastrophic inundation, flooding, and
line 28 property damage from a small rise in sea level, combined with a
line 29 1-in-10 likelihood of a Pacific storm, could amount to tens of
line 30 billions of dollars in uninsured losses of structures and properties.
line 31 (3) A 2015 assessment by the Risky Business Project, led by
line 32 former United States Secretary of the Treasury Henry Paulson and
line 33 other business leaders, found that between eight billion dollars
line 34 ($8,000,000,000) and ten billion dollars ($10,000,000,000) of
line 35 existing property in the state is likely to be underwater by the year
line 36 2050 if current trends continue.
line 37 (4) According to the 2015 National Oceanic and Atmospheric
line 38 Administration report, The National Significance of California’s
line 39 Coastal Economy, “California’s 19 coastal counties generated
line 40 $662 billion in wages and $1.7 trillion in GDP in 2012” and
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SB 1 — 5 — 76
line 1 “California’s ocean-related activities represent a substantial portion
line 2 of the U.S. ocean economy as a whole—13 percent of the
line 3 establishments, 14 percent of the employment and wages, and 12
line 4 percent of the GDP in 2012,” all of which would be adversely
line 5 affected by sea level rise.
line 6 (5) Recent reports in periodicals, such as the Los Angeles Times,
line 7 state succinctly that “Destruction from sea level rise in California
line 8 could exceed worst wildfires and earthquakes.”
line 9 (d) For the economy, the natural environment, and the people
line 10 of California, it is urgent that the state enact new statutes to plan
line 11 for, anticipate, and respond to sea level rise.
line 12 (e) The purpose of this division is to establish new planning,
line 13 assessment, funding, and mitigation tools for California to address
line 14 and respond to sea level rise.
line 15 30972. (a) (1) There is hereby created within the Ocean
line 16 Protection Council the California Sea Level Rise State and
line 17 Regional Support Collaborative.
line 18 (2) In its role as the collaborative, the Ocean Protection Council
line 19 shall coordinate with the other state planning and coastal
line 20 management agencies, including, but not limited to, the Office of
line 21 Planning and Research, the Strategic Growth Council, the State
line 22 Lands Commission, the California Coastal Commission, the State
line 23 Coastal Conservancy, and the San Francisco Bay Conservation
line 24 and Development Commission, to administer the grants and on
line 25 the kind of information and support it provides local, regional,
line 26 and other state agencies consistent with their statutory authority.
line 27 (b) The collaborative shall provide state and regional information
line 28 to the public and support to local, regional, and other state agencies
line 29 for the identification, assessment, planning, and, where feasible,
line 30 the mitigation of the adverse environmental, social, and economic
line 31 effects of sea level rise within the coastal zone and the area under
line 32 the jurisdiction of the San Francisco Bay Conservation and
line 33 Development Commission, pursuant to Section 66610 of the
line 34 Government Code. The support the collaborative provides to local
line 35 and regional agencies shall include, but not be limited to, technical
line 36 assistance on updating local and regional land use plans to take
line 37 into account sea level rise.
line 38 30973. (a) Upon appropriation by the Legislature in the annual
line 39 Budget Act, the collaborative shall expend not more than one
line 40 hundred million dollars ($100,000,000) annually from appropriate
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— 6 — SB 1 77
line 1 bond funds and other sources for the purposes of making grants
line 2 to local and regional governments to update local and regional
line 3 land use plans to take into account sea level rise, and for directly
line 4 related investments to implement those plans. Priority shall be
line 5 given to those local and regional governments that have agreed
line 6 most effectively and urgently to plan for and implement actions
line 7 to address sea level rise.
line 8 (b) As part of the adoption of the annual Budget Act, the
line 9 Secretary of Environmental Protection and the Secretary of the
line 10 Natural Resources Agency shall annually appear before the budget
line 11 committees of both houses of the Legislature regarding the
line 12 implementation of this division.
line 13 SEC. 6. Section 71116 of the Public Resources Code is
line 14 amended to read:
line 15 71116. (a) The Environmental Justice Small Grant Program
line 16 is hereby established under the jurisdiction of the California
line 17 Environmental Protection Agency. The California Environmental
line 18 Protection Agency shall adopt regulations for the implementation
line 19 of this section. These regulations shall include, but need not be
line 20 limited to, all of the following:
line 21 (1) Specific criteria and procedures for the implementation of
line 22 the program.
line 23 (2) A requirement that each grant recipient submit a written
line 24 report to the agency documenting its expenditures of the grant
line 25 funds and the results of the funded project.
line 26 (3) Provisions promoting the equitable distribution of grant
line 27 funds in a variety of areas throughout the state, with the goal of
line 28 making grants available to organizations that will attempt to
line 29 address environmental justice issues.
line 30 (b) The purpose of the program is to provide grants to eligible
line 31 community groups, including, but not limited to, community-based,
line 32 grassroots nonprofit organizations, that are located in areas
line 33 adversely affected by environmental pollution and hazards and
line 34 that are involved in work to address environmental justice issues.
line 35 (c) (1) Both of the following are eligible to receive moneys
line 36 from the fund:
line 37 (A) A nonprofit entity.
line 38 (B) A federally recognized tribal government.
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SB 1 — 7 — 78
line 1 (2) For purposes of this section, “nonprofit entity” means any
line 2 corporation, trust, association, cooperative, or other organization
line 3 that meets all of the following criteria:
line 4 (A) Is operated primarily for scientific, educational, service,
line 5 charitable, or other similar purposes in the public interest.
line 6 (B) Is not organized primarily for profit.
line 7 (C) Uses its net proceeds to maintain, improve, or expand, or
line 8 any combination thereof, its operations.
line 9 (D) Is a tax-exempt organization under Section 501(c)(3) of the
line 10 federal Internal Revenue Code, or is able to provide evidence to
line 11 the agency that the state recognizes the organization as a nonprofit
line 12 entity.
line 13 (3) For purposes of this section, “nonprofit entity” specifically
line 14 excludes an organization that is a tax-exempt organization under
line 15 Section 501(c)(4) of the federal Internal Revenue Code.
line 16 (d) Individuals may not receive grant moneys from the fund.
line 17 (e) Grant recipients shall use the grant award to fund only the
line 18 project described in the recipient’s application. Recipients shall
line 19 not use the grant funding to shift moneys from existing or proposed
line 20 projects to activities for which grant funding is prohibited under
line 21 subdivision (g).
line 22 (f) Grants shall be awarded on a competitive basis for projects
line 23 that are based in communities with the most significant exposure
line 24 to pollution. Grants shall be limited to any of the following
line 25 purposes and no other:
line 26 (1) Resolve environmental problems through distribution of
line 27 information.
line 28 (2) Identify improvements in communication and coordination
line 29 among agencies and stakeholders in order to address the most
line 30 significant exposure to pollution.
line 31 (3) Expand the understanding of a community about the
line 32 environmental issues that affect their community.
line 33 (4) Develop guidance on the relative significance of various
line 34 environmental risks.
line 35 (5) Promote community involvement in the decisionmaking
line 36 process that affects the environment of the community.
line 37 (6) Present environmental data for the purposes of enhancing
line 38 community understanding of environmental information systems
line 39 and environmental information.
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— 8 — SB 1 79
line 1 (g) (1) The agency shall not award grants for, and grant funding
line 2 shall not be used for, any of the following:
line 3 (A) Other state grant programs.
line 4 (B) Lobbying or advocacy activities relating to any federal,
line 5 state, regional, or local legislative, quasi-legislative, adjudicatory,
line 6 or quasi-judicial proceeding involving development or adoption
line 7 of statutes, guidelines, rules, regulations, plans or any other
line 8 governmental proposal, or involving decisions concerning siting,
line 9 permitting, licensing, or any other governmental action.
line 10 (C) Litigation, administrative challenges, enforcement action,
line 11 or any type of adjudicatory proceeding.
line 12 (D) Funding of a lawsuit against any governmental entity.
line 13 (E) Funding of a lawsuit against a business or a project owned
line 14 by a business.
line 15 (F) Matching state or federal funding.
line 16 (G) Performance of any technical assessment for purposes of
line 17 opposing or contradicting a technical assessment prepared by a
line 18 public agency.
line 19 (2) An organization’s use of funds from a grant awarded under
line 20 this section to educate a community regarding an environmental
line 21 justice issue or a governmental process does not preclude that
line 22 organization from subsequent lobbying or advocacy concerning
line 23 that same issue or governmental process, as long as the lobbying
line 24 or advocacy is not funded by a grant awarded under this section.
line 25 (h) The agency shall review, evaluate, and select grant recipients,
line 26 and screen grant applications to ensure that they meet the
line 27 requirements of this section.
line 28 (i) The maximum amount of a grant provided pursuant to this
line 29 section may not exceed fifty thousand dollars ($50,000).
line 30 (j) For purposes of this section, “environmental justice” has the
line 31 same meaning as defined in Section 65040.12 of the Government
line 32 Code.
line 33 (k) (1) The Secretary for Environmental Protection may expend
line 34 up to two million dollars ($2,000,000) per year for the purposes
line 35 of this section.
line 36 (2) (A) Of the amount described in paragraph (1), up to five
line 37 hundred thousand dollars ($500,000) shall be expended by the
line 38 Secretary for Environmental Protection for grants to organizations
line 39 working to address and mitigate the effects of sea level rise in
line 40 disadvantaged communities impacted by sea level rise.
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SB 1 — 9 — 80
line 1 (B) For purposes of this section, “disadvantaged community”
line 2 shall have the same meaning as defined in Section 71118.
line 3 (l) Board, departments, and offices within the California
line 4 Environmental Protection Agency may allocate funds from various
line 5 special funds, settlements, and penalties to implement this program.
line 6 SEC. 7. If the Commission on State Mandates determines that
line 7 this act contains costs mandated by the state, reimbursement to
line 8 local agencies and school districts for those costs shall be made
line 9 pursuant to Part 7 (commencing with Section 17500) of Division
line 10 4 of Title 2 of the Government Code.
O
97
— 10 — SB 1 81
AMENDED IN SENATE JUNE 23, 2021
AMENDED IN ASSEMBLY APRIL 5, 2021
california legislature—2021–22 regular session
ASSEMBLY BILL No. 1201
Introduced by Assembly Members Ting, Friedman,
Lorena Gonzalez, and Mathis
February 18, 2021
An act to amend Section Sections 42356 and 42357 of the Public
Resources Code, relating to solid waste.
legislative counsel’s digest
AB 1201, as amended, Ting. Solid waste: plastic products: labeling:
compostability and biodegradability.
Existing law prohibits a person from selling a plastic product that is
labeled as “compostable” or “home compostable” unless, at the time
of sale, the plastic product meets a specified specification or has a
specified certification, as provided. Existing law prohibits the sale of a
plastic product that is labeled as “biodegradable,” “degradable,” or
“decomposable,” and prohibits implying that a plastic product will break
down, fragment, biodegrade, or decompose in a landfill or other
environment, unless the plastic product meets one of several specified
standards relating to environmental marketing claims. Existing law
authorizes a person to sell commercial agricultural mulch film labeled
with the term “soil biodegradable” only if the Department of Resources
Recycling and Recovery has adopted a certain specification and the
commercial agricultural mulch film is certified to meet both that
specification and the ASTM standard specification for compostability.
97 82
Existing law authorizes the Director of Resources Recycling and
Recovery to issue guidelines for determining whether a plastic product
is not compliant with these labeling requirements, and whether a plastic
product is designed, pigmented, or advertised in a manner that is
misleading to consumers.
This bill would additionally prohibit a person from offering for sale
a plastic product that is labeled as “compostable” or “home
compostable” unless, at the time of sale or offering for sale, the plastic
product meets that specified specification or has that specified
certification and would additionally prohibit a person from offering
for sale a plastic product that is labeled as “biodegradable,”
“degradable,” or “decomposable,” unless the plastic product meets
one of those specified standards relating to environmental marketing
claims. The bill would additionally authorize a person to offer for sale
commercial agricultural mulch film labeled with the term “soil
biodegradable” if the department adopts that specification and the film
has that certification.
This bill would prohibit a person from selling or offering for sale a
plastic product that is labeled with the term “compostable,” “home
compostable,” or “soil biodegradable” “compostable” or “home
compostable” unless the product meets specified standards and satisfies
specified criteria. The bill would authorize the Department of Resources
Recycling and Recovery department to adopt regulations for plastic
product labeling to ensure that plastic products labeled “compostable”
or “home compostable” are clearly distinguishable from noncompostable
products upon quick inspection by consumers and solid waste processing
facilities. facilities, as specified.
This bill would also revise a related definition of “supplier.”
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 42356 of the Public Resources Code is
line 2 amended to read:
line 3 42356. For purposes of this chapter, the following definitions
line 4 apply:
line 5 (a) “ASTM” means the ASTM International.
line 6 (b) (1) “ASTM standard specification” means either of the
line 7 following:
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— 2 — AB 1201 83
line 1 (A) The ASTM Standard Specification for Labeling of Plastics
line 2 Designed to be Aerobically Composted in Municipal or Industrial
line 3 Facilities D6400, as published in 2019, except as provided in
line 4 subdivision (c) of Section 42356.1.
line 5 (B) The ASTM Standard Specification for Labeling of End
line 6 Items that Incorporate Plastics and Polymers as Coatings or
line 7 Additives with Paper and Other Substrates Designed to be
line 8 Aerobically Composted in Municipal or Industrial Facilities D6868,
line 9 as published in 2019, except as specified in subdivision (c) of
line 10 Section 42356.1.
line 11 (2) “ASTM standard specification” does not include an ASTM
line 12 Standard Guide, a Standard Practice, or a Standard Test Method.
line 13 (c) “Department” means the Department of Resources Recycling
line 14 and Recovery.
line 15 (d) “Director” means the Director of Resources Recycling and
line 16 Recovery.
line 17 (e) “Manufacturer” means a person, firm, association,
line 18 partnership, or corporation that produces a plastic product.
line 19 (f) “OK compost HOME certification” means certification of
line 20 conformity with the existing TUV Austria certification “OK
line 21 compost HOME certification” which, as of January 1, 2011, uses
line 22 European Norm 13432 standard adapted to low-temperature
line 23 composting in accordance with the TUV Austria program “OK
line 24 2-Home Compostability of Products.”
line 25 (g) “Plastic product” means a product made of plastic, whether
line 26 alone or in combination with other material, including, but not
line 27 limited to, paperboard. A plastic product includes, but is not limited
line 28 to, any of the following:
line 29 (1) (A) A consumer product.
line 30 (B) For purposes of this paragraph, “consumer product” means
line 31 a product or part of a product that is used, bought, or leased for
line 32 use by a person for any purpose.
line 33 (2) A package or a packaging component.
line 34 (3) A bag, sack, wrap, or other thin plastic sheet film product.
line 35 (4) A food or beverage container or a container component,
line 36 including, but not limited to, a straw, lid, or utensil.
line 37 (h) “Supplier” means a person who does one or more of the
line 38 following:
line 39 (1) Sells, offers for sale, or offers for promotional purposes a
line 40 plastic product that is used. product.
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AB 1201 — 3 — 84
line 1 (2) Takes title to a plastic product, produced either domestically
line 2 or in a foreign country, that is purchased for resale or promotional
line 3 purposes.
line 4 SECTION 1.
line 5 SEC. 2. Section 42357 of the Public Resources Code is
line 6 amended to read:
line 7 42357. (a) (1) Except as provided in paragraph (3), a person
line 8 shall not sell or offer for sale a plastic product in this state that is
line 9 labeled with the term “compostable” or “home compostable”
line 10 unless, at the time of sale or offering for sale, the plastic product
line 11 meets the applicable ASTM standard specification, as specified
line 12 in paragraph (1) of subdivision (b) of Section 42356, or, if
line 13 applicable, the plastic product has OK compost HOME
line 14 certification, as provided in paragraph (4).
line 15 (2) Compliance with only a section or a portion of a section of
line 16 an applicable ASTM standard specification does not constitute
line 17 compliance with paragraph (1).
line 18 (3) Notwithstanding paragraph (1), a person may sell or offer
line 19 for sale a plastic product in this state that is labeled with a qualified
line 20 claim for a term specified in paragraph (1), if the plastic product
line 21 meets the relevant standard adopted by the department pursuant
line 22 to Section 42356.2.
line 23 (4) (A) A plastic product shall not be labeled with the term
line 24 “home compostable” unless the manufacturer of that plastic product
line 25 holds OK compost HOME certification with regard to that product,
line 26 except as provided in subparagraph (B) or (C).
line 27 (B) Notwithstanding paragraph (1), if the ASTM adopts a
line 28 standard specification for the term “home compostable” on or
line 29 before January 1, 2016, and the department determines that the
line 30 ASTM standard specification is at least equal to, or more stringent
line 31 than, the OK compost HOME certification, a plastic product
line 32 labeled with the term “home compostable” shall meet that ASTM
line 33 standard specification. The department may also take the actions
line 34 specified in Section 42356.1 with regard to an ASTM standard for
line 35 home compostability.
line 36 (C) If the department adopts a standard pursuant to Section
line 37 42356.2, a plastic product labeled with the term “home
line 38 compostable” shall meet that standard and not the standard
line 39 specified in subparagraph (A) or (B).
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— 4 — AB 1201 85
line 1 (b) Except as provided in subdivision (a) or (f), a person shall
line 2 not sell or offer for sale a plastic product in this state that is labeled
line 3 with the term “biodegradable,” “degradable,” or “decomposable,”
line 4 or any form of those terms, or in any way imply that the plastic
line 5 product will break down, fragment, biodegrade, or decompose in
line 6 a landfill or other environment.
line 7 (c) The director may issue guidelines, consistent with this
line 8 chapter, for determining whether a plastic product is not compliant
line 9 with the labeling requirements of this section, and whether a plastic
line 10 product is designed, pigmented, or advertised in a manner that is
line 11 misleading to consumers.
line 12 (d) A manufacturer or supplier, upon the request of a member
line 13 of the public, shall submit to that member, within 90 days of the
line 14 request, information and documentation demonstrating compliance
line 15 with this chapter, in a format that is easy to understand and
line 16 scientifically accurate.
line 17 (e) A product that is in compliance with this chapter shall not,
line 18 solely as a result of that compliance, be deemed to be in compliance
line 19 with any other applicable marketing requirement or guideline
line 20 established under state law or by the Federal Trade Commission.
line 21 (f) (1) The department may adopt the European Committee for
line 22 Standardization’s standard specification EN 17033:2018 entitled
line 23 “Plastics—Biodegradable mulch films for use in agriculture and
line 24 horticulture—Requirements and test methods” or may adopt a
line 25 standard that is equivalent to, or more stringent than, that standard,
line 26 as it read on January 1, 2020.
line 27 (2) A person may sell or offer for sale commercial agricultural
line 28 mulch film labeled with the term “soil biodegradable” only if the
line 29 department has adopted the standard specification, or an equivalent
line 30 or more stringent standard, pursuant to paragraph (1) and the
line 31 commercial agricultural mulch film is certified to meet both that
line 32 specification and the ASTM standard specification for
line 33 compostability.
line 34 (3) For purposes of this subdivision, “commercial agricultural
line 35 mulch film” means film plastic that is used only as a technical tool
line 36 in commercial farming applications.
line 37 (g) (1) A person shall not sell or offer for sale a plastic product
line 38 in this state that is labeled with the term “compostable,” “home
line 39 compostable,” or “soil biodegradable” “compostable” or “home
line 40 compostable” unless the product satisfies all of the following:
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AB 1201 — 5 — 86
line 1 (A) Meets the D6400 or D6868 ASTM Test Method for
line 2 compostability.
line 3 (B)
line 4 (A) Has certification from the Biodegradable Products Institute
line 5 or a third party, subject to paragraph (2), Institute, Compost
line 6 Manufacturing Alliance, or another third-party certification entity
line 7 that is approved by the department for meeting compostability
line 8 and toxicity standards.
line 9 (C) Is
line 10 (B) On and after January 1, 2026, is an allowable organic input
line 11 under the requirements of the National Organic Program and the
line 12 Department of Food and Agriculture’s Organic Input Material
line 13 Program. The director may grant a five-year extension for
line 14 complying with this requirement if either of the following apply:
line 15 (i) The plastic product has or will soon be, as determined by
line 16 the director, included on the National List of Allowed and
line 17 Prohibited Substances (Sections 205.600 to 205.607, inclusive, of
line 18 Title 7 of the Code of Federal Regulations).
line 19 (ii) The plastic product has or will soon be, as determined by
line 20 the director, included as an allowable organic input for compost
line 21 under federal law.
line 22 (D)
line 23 (C) Does not include intentionally added perfluoroalkyl or
line 24 polyfluoroalkyl substances.
line 25 (E)
line 26 (D) Is labeled in a manner that clearly distinguishes the product
line 27 from a noncompostable or nonbiodegradable product upon quick
line 28 inspection by consumers and solid waste processing facilities, and,
line 29 where possible, that includes the word “compostable,” an approved
line 30 third-party certification mark, and the use of green or brown colors.
line 31 (2) For purposes of subparagraph (B) of paragraph (1), the
line 32 director may approve a recognized third-party independent
line 33 verification body that has certification requirements that are
line 34 equivalent to, or more stringent than, those required by the
line 35 Biodegradable Products Institute.
line 36 (3)
line 37 (2) The department may adopt regulations for plastic product
line 38 labeling to ensure that plastic products labeled “compostable” or
line 39 “home compostable” are clearly distinguishable from
line 40 noncompostable products upon quick inspection by consumers
97
— 6 — AB 1201 87
line 1 and solid waste processing facilities. The department, in adopting
line 2 regulations pursuant to this subdivision, may consider the plastic
line 3 product labeling requirements of other states, stakeholder input,
line 4 and industry-standard guidelines to maximize consistency with
line 5 those requirements and guidelines and that input when possible.
line 6 The regulations may include requirements that plastic products
line 7 are not designed, pigmented, or advertised in a manner that is
line 8 misleading to consumers.
O
97
AB 1201 — 7 — 88
AMENDED IN SENATE JULY 5, 2021
AMENDED IN SENATE JUNE 25, 2021
AMENDED IN ASSEMBLY MAY 4, 2021
AMENDED IN ASSEMBLY APRIL 15, 2021
california legislature—2021–22 regular session
ASSEMBLY BILL No. 339
Introduced by Assembly Members Lee and Cristina Garcia
(Coauthors: Assembly Members Arambula, Cooley, Kiley, and
Robert Rivas)
(Coauthor: Senator Stern)
January 28, 2021
An act to amend Section 54953 of, and to add and repeal Section
54953.9 of, the Government Code, relating to public meetings.
legislative counsel’s digest
AB 339, as amended, Lee. Local government: open and public
meetings.
Existing law, the Ralph M. Brown Act, requires, with specified
exceptions, that all meetings of a legislative body of a local agency, as
those terms are defined, be open and public and that all persons be
permitted to attend and participate. Under existing law, a member of
the legislative body who attends a meeting where action is taken in
violation of this provision, with the intent to deprive the public of
information that the member knows the public is entitled to, is guilty
of a crime.
95 89
This bill would require local agencies to conduct meetings subject to
the act consistent with applicable state and federal civil rights laws, as
specified.
This bill would, until December 31, 2023, require all open and public
meetings of a city council or a county board of supervisors that governs
a jurisdiction containing least 250,000 people to include an opportunity
for members of the public to attend via a two-way telephonic option or
a two-way internet-based service option, as specified, and would require
a city council or county board of supervisors that has, as of June 15,
2021, provided video streaming, as defined, of at least one of its
meetings to continue to provide that video streaming. The bill would
require all open and public meetings to include an in-person public
comment opportunity, except in specified circumstances during a
declared state or local emergency. The bill would require all meetings
to provide the public with an opportunity to comment on proposed
legislation in person and remotely via a telephonic or an internet-based
service option, as provided.
By imposing new duties on local governments and expanding the
application of a crime with respect to meetings, this bill would impose
a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act
for specified reasons.
The California Constitution requires local agencies, for the purpose
of ensuring public access to the meetings of public bodies and the
writings of public officials and agencies, to comply with a statutory
enactment that amends or enacts laws relating to public records or open
meetings and contains findings demonstrating that the enactment furthers
the constitutional requirements relating to this purpose.
This bill would make legislative findings to that effect.
The bill would include findings that changes proposed by this bill
address a matter of statewide concern rather than a municipal affair
and, therefore, apply to all cities and counties, including charter cities
and counties.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
95
— 2 — AB 339 90
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 54953 of the Government Code is
line 2 amended to read:
line 3 54953. (a) All meetings of the legislative body of a local
line 4 agency shall be open and public, and all persons shall be permitted
line 5 to attend any meeting of the legislative body of a local agency in
line 6 person, except as otherwise provided in this chapter. Local agencies
line 7 shall conduct meetings subject to this chapter consistent with
line 8 applicable state and federal civil rights laws, including, but not
line 9 limited to, the language access and other nondiscrimination
line 10 obligations of Section 11135 and Subchapter V (commencing with
line 11 Section 2000d) of Chapter 21 of Title 42 of the United States Code.
line 12 (b) (1) Notwithstanding any other provision of law, the
line 13 legislative body of a local agency may use teleconferencing for
line 14 the benefit of the public and the legislative body of a local agency
line 15 in connection with any meeting or proceeding authorized by law.
line 16 The teleconferenced meeting or proceeding shall comply with all
line 17 requirements of this chapter and all otherwise applicable provisions
line 18 of law relating to a specific type of meeting or proceeding.
line 19 (2) Teleconferencing, as authorized by this section, may be used
line 20 for all purposes in connection with any meeting within the subject
line 21 matter jurisdiction of the legislative body. All votes taken during
line 22 a teleconferenced meeting shall be by rollcall.
line 23 (3) If the legislative body of a local agency elects to use
line 24 teleconferencing, it shall post agendas at all teleconference
line 25 locations and conduct teleconference meetings in a manner that
line 26 protects the statutory and constitutional rights of the parties or the
line 27 public appearing before the legislative body of a local agency.
line 28 Each teleconference location shall be identified in the notice and
line 29 agenda of the meeting or proceeding, and each teleconference
line 30 location shall be accessible to the public. During the teleconference,
line 31 at least a quorum of the members of the legislative body shall
line 32 participate from locations within the boundaries of the territory
line 33 over which the local agency exercises jurisdiction, except as
line 34 provided in subdivision (d). The agenda shall provide an
line 35 opportunity for members of the public to address the legislative
line 36 body directly pursuant to Section 54954.3 at each teleconference
line 37 location.
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AB 339 — 3 — 91
line 1 (4) For the purposes of this section, “teleconference” means a
line 2 meeting of a legislative body, the members of which are in different
line 3 locations, connected by electronic means, through either audio or
line 4 video, or both. Nothing in this section shall prohibit a local agency
line 5 from providing the public with additional teleconference locations.
line 6 (c) (1) No legislative body shall take action by secret ballot,
line 7 whether preliminary or final.
line 8 (2) The legislative body of a local agency shall publicly report
line 9 any action taken and the vote or abstention on that action of each
line 10 member present for the action.
line 11 (3) Prior to taking final action, the legislative body shall orally
line 12 report a summary of a recommendation for a final action on the
line 13 salaries, salary schedules, or compensation paid in the form of
line 14 fringe benefits of a local agency executive, as defined in
line 15 subdivision (d) of Section 3511.1, during the open meeting in
line 16 which the final action is to be taken. This paragraph shall not affect
line 17 the public’s right under the California Public Records Act (Chapter
line 18 3.5 (commencing with Section 6250) of Division 7 of Title 1) to
line 19 inspect or copy records created or received in the process of
line 20 developing the recommendation.
line 21 (d) (1) Notwithstanding the provisions relating to a quorum in
line 22 paragraph (3) of subdivision (b), if a health authority conducts a
line 23 teleconference meeting, members who are outside the jurisdiction
line 24 of the authority may be counted toward the establishment of a
line 25 quorum when participating in the teleconference if at least 50
line 26 percent of the number of members that would establish a quorum
line 27 are present within the boundaries of the territory over which the
line 28 authority exercises jurisdiction, and the health authority provides
line 29 a teleconference number, and associated access codes, if any, that
line 30 allows any person to call in to participate in the meeting and the
line 31 number and access codes are identified in the notice and agenda
line 32 of the meeting.
line 33 (2) Nothing in this subdivision shall be construed as
line 34 discouraging health authority members from regularly meeting at
line 35 a common physical site within the jurisdiction of the authority or
line 36 from using teleconference locations within or near the jurisdiction
line 37 of the authority. A teleconference meeting for which a quorum is
line 38 established pursuant to this subdivision shall be subject to all other
line 39 requirements of this section.
95
— 4 — AB 339 92
line 1 (3) For purposes of this subdivision, a health authority means
line 2 any entity created pursuant to Sections 14018.7, 14087.31,
line 3 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare
line 4 and Institutions Code, any joint powers authority created pursuant
line 5 to Article 1 (commencing with Section 6500) of Chapter 5 of
line 6 Division 7 for the purpose of contracting pursuant to Section
line 7 14087.3 of the Welfare and Institutions Code, and any advisory
line 8 committee to a county-sponsored health plan licensed pursuant to
line 9 Chapter 2.2 (commencing with Section 1340) of Division 2 of the
line 10 Health and Safety Code if the advisory committee has 12 or more
line 11 members.
line 12 SEC. 2. Section 54953.9 is added to the Government Code, to
line 13 read:
line 14 54953.9. (a) A city council or a county board of supervisors
line 15 that governs a jurisdiction containing at least 250,000 people shall
line 16 comply with the following requirements:
line 17 (1) (A) All open and public meetings shall include an
line 18 opportunity for members of the public to attend via a two-way
line 19 telephonic option or a two-way internet-based service option.
line 20 (B) If a city council or a county board of supervisors elects to
line 21 provide a two-way internet-based service option, the local agency
line 22 shall publicly post and provide a call-in option, and activate any
line 23 automatic captioning function during the meeting if an automatic
line 24 captioning function is included with the system.
line 25 (2) (A) If a city council or county board of supervisors has, as
line 26 of June 15, 2021, provided video streaming of all at least one open
line 27 and public meetings, meeting, the city council or county board of
line 28 supervisors shall continue to provide that video streaming.
line 29 (B) “Video streaming” means media in which the data from a
line 30 live filming or a video file is continuously delivered via the internet
line 31 to a remote user, allowing a video to be viewed online by the public
line 32 without being downloaded on a host computer or device.
line 33 (3) (A) Unless there are any laws that prohibit in-person
line 34 government meetings in the case of a declared state of emergency,
line 35 including a public health emergency, all open and public meetings
line 36 shall include an in-person public comment opportunity, wherein
line 37 members of the public can report to a designated site to give public
line 38 comment in person. The location of the designated site and any
line 39 relevant instructions on in-person commenting shall be included
line 40 with the public posting of the agenda.
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AB 339 — 5 — 93
line 1 (B) All open and public meetings shall provide the public with
line 2 an opportunity to comment on proposed legislation via a two-way
line 3 telephonic or internet-based service option, and ensure the
line 4 opportunity for the members of the public participating via a
line 5 two-way telephonic or internet-based option to comment on agenda
line 6 items with the same time allotment as a person attending a meeting
line 7 in person.
line 8 (b) This section shall remain in effect only until December 31,
line 9 2023, and as of that date is repealed.
line 10 SEC. 3. No reimbursement is required by this act pursuant to
line 11 Section 6 of Article XIIIB of the California Constitution because
line 12 the only costs that may be incurred by a local agency or school
line 13 district under this act would result either from a legislative mandate
line 14 that is within the scope of paragraph (7) of subdivision (b) of
line 15 Section 3 of Article I of the California Constitution, or because
line 16 this act creates a new crime or infraction, eliminates a crime or
line 17 infraction, or changes the penalty for a crime or infraction, within
line 18 the meaning of Section 17556 of the Government Code, or changes
line 19 the definition of a crime within the meaning of Section 6 of Article
line 20 XIIIB of the California Constitution.
line 21 SEC. 4. The Legislature finds and declares that Sections 1 and
line 22 2 of this act, which amends Section 54953 of, and adds Section
line 23 54953.9 to, the Government Code, furthers, within the meaning
line 24 of paragraph (7) of subdivision (b) of Section 3 of Article I of the
line 25 California Constitution, the purposes of that constitutional section
line 26 as it relates to the right of public access to the meetings of local
line 27 public bodies or the writings of local public officials and local
line 28 agencies. Pursuant to paragraph (7) of subdivision (b) of Section
line 29 3 of Article I of the California Constitution, the Legislature makes
line 30 the following findings:
line 31 The provisions of the act allow for greater public access through
line 32 requiring specified entities to provide a telephonic or internet-based
line 33 service option and instructions on how to access these options to
line 34 the public for specified meetings.
line 35 SEC. 5. The Legislature finds and declares that improving
line 36 accessibility to open and public meetings of local legislative bodies
line 37 is a matter of statewide concern and is not a municipal affair as
line 38 that term is used in Section 5 of Article XI of the California
line 39 Constitution. Therefore, Section 2 of this act adding Section
95
— 6 — AB 339 94
line 1 54953.9 to the Government Code applies to all cities and counties,
line 2 including charter cities and counties.
O
95
AB 339 — 7 — 95
City of Huntington Beach
File #:21-556 MEETING DATE:8/3/2021
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:
Adopt Resolution No. 2021-45 Confirming Cost Report for Weed Abatement on Private Parcels
within the City for the 2021 Season
Statement of Issue:
Following the abatement of weeds from private vacant parcels not cleared by the owner, and as
provided in Chapter 8.16 Weed Abatement of the Huntington Beach Municipal Code, the Director of
Public Works shall submit to the City Council a cost report of the actual costs incurred for the
abatement of weeds on private properties.
Financial Impact:
A one-time special assessment totaling $15,668.21 will be charged to the Orange County property
tax roll and reimbursed to the City’s General Fund by the County of Orange as part of the ordinary
collection process. The expenses were paid out of General Fund Account No. 10085416.64620,
Weed Abatement Contracts for Repairs and Maintenance, in Fiscal Year 2020-21.
Recommended Action:
A) Adopt Resolution No. 2021-45, “A Resolution of the City Council of the City of Huntington Beach
Confirming the Report of the Public Works Director Regarding the Cost for Weed Abatement on
Private Property Within the City for the 2021 Season,” and,
B) Direct that all charges listed thereon be certified to the Orange County 2021/22 Property Tax Roll.
Alternative Action(s):
Do not approve the resolution and forego reimbursement to the City for the cost for weed abatement
services performed on 32 properties.
Analysis:
Chapter 8.16 Weed Abatement of the Huntington Beach Municipal Code includes a provision for the
removal of weeds on private property. In accordance with Section 8.16.010 Removal Required, "all
persons owning any real property in the City are required to keep their property free from weeds… or
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other flammable materials that endangers the public safety by creating a fire hazard." If a property
owner does not remove the weeds or flammable materials by a prescribed time, the City Council may
order the Director of Public Works to do the work at the expense of the property owner.
Pursuant to City Council direction on May 3, 2021, the City has cleared 32 such properties. The cost
of the work totals $15,668.21, as reported on the attached 2021 Weed Abatement Cost Report in
Exhibit A of the resolution. In accordance with Government Code Section 39575, these costs must
be posted for public review prior to City Council approval. The costs were posted on the City Council
Chamber bulletin board on Thursday, July 22, 2021. Excepting objections to the cost report, the
Director of Public Works recommends confirmation and approval of the 2021 Weed Abatement Cost
Report.
Environmental Status:
The removal of weeds, refuse, and rubbish from undeveloped private properties is categorically
exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section
15301(h), which exempts the maintenance of existing landscaping and native growth.
Strategic Plan Goal:
Non Applicable - Administrative Item
Attachment(s):
1. Resolution No. 2021-45, “A Resolution of the City Council of the City of Huntington Beach
Confirming the Report of the Public Works Director Regarding the Cost for Weed Abatement on
Private Property Within the City for the 2021 Season”
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Resolution 2021 -
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APN LOCATION SIZE SQ. FT.TOTAL
024-134-04 S SIDE OF MAIN STREET, N OF ORANGE 75 X 117.5 8,813 614.95
024-134-05 S SIDE OF MAIN STREET, N OF ORANGE ODD 10,693 700.70
024-134-15 TRIANGLE E/S LAKE BTW ALLEY & ORANGE ODD 5,640 459.28
107-665-13 SARU @ MINORU ODD 2,551 555.00
111-130-09 S/E CORNER GARFIELD & GOLDENWEST 100 x 117 11,700 422.00
111-130-10 S/E CORNER GARFIELD & GOLDENWEST 50 X 117 5,850 342.00
111-130-39 S/E CORNER GARFIELD & GOLDENWEST 51 X 117 5,851 342.00
142-172-01 S/SIDE HEIL @ BEACH ODD 7,600 1047.00
153-201-27 S/SIDE GARFIELD W/O BROOKHURST 75 X 400 30,000 1022.00
159-151-15 GARFIELD E/OF DELAWARE 75 X 100 7,499 459.40
159-282-14 N/SIDE CLAY BTW HOLLY AND HUNTINGTON ODD 49,800 1411.00
167-311-02 E/SIDE BEACH BTW HOLLAND & BLAYLOCK 264 X 174 45,936 1472.00
167-325-19 E/SIDE BEACH BTW HOLLAND & BLAYLOCK 95 X 100 9,500 633.50
167-325-20 E/SIDE BEACH BTW HOLLAND & BLAYLOCK 100 X 103 10,300 690.10
167-325-21 E/SIDE BEACH BTW HOLLAND & BLAYLOCK 30 X 198 5,940 502.38
178-543-19 PCH/6TH ST -SUNSET BEACH 30 x 90 2,700 414.90
110-152-07 ENCYCLOPEDIA - N/OF ELLIS 112 X 25 2,800 286.25
110-152-09 ENCYCLOPEDIA - N/OF ELLIS 112 X 25 2,800 286.25
110-152-23 ENCYCLOPEDIA - N/OF ELLIS 112 X 25 2,800 286.25
110-153-05 ENCYCLOPEDIA - N/OF ELLIS 112 X 25 2,800 286.25
110-162-19 ENCYCLOPEDIA - N/OF ELLIS 112 X 25 2,800 286.25
110-163-17 ENCYCLOPEDIA - N/OF ELLIS 112 X 25 2,800 286.25
110-164-08 ENCYCLOPEDIA - N/OF ELLIS 112 X 25 2,800 286.25
110-164-11 ENCYCLOPEDIA - N/OF ELLIS 112 X 25 2,800 286.25
110-164-12 ENCYCLOPEDIA - N/OF ELLIS 112 X 25 2,800 286.25
110-164-15 ENCYCLOPEDIA - N/OF ELLIS 112 X 50 5,600 286.25
110-164-18 ENCYCLOPEDIA - N/OF ELLIS 112 X 25 2,800 286.25
110-165-05 ENCYCLOPEDIA - N/OF ELLIS 112 X 25 2,800 286.25
110-182-11 ENCYCLOPEDIA - N/OF ELLIS 112 X 25 2,800 286.25
110-186-04 ENCYCLOPEDIA - N/OF ELLIS 112 X 50 5,600 286.25
110-186-07 ENCYCLOPEDIA - N/OF ELLIS 112 X 25 2,800 286.25
110-186-09 ENCYCLOPEDIA - N/OF ELLIS 112 X 25 2,800 286.25
TOTAL PARCELS CLEARED = 32 15,668.21$
EXHIBIT A
2021 COST REPORT FOR WEED ABATEMENT ON PRIVATE PARCELS
TOTAL COST
99
City of Huntington Beach
File #:21-562 MEETING DATE:8/3/2021
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:
Consider Adopting Resolution No. 2021-48, Terminating the City’s Local Emergency
Declaration in Response to COVID-19
Statement of Issue:
On March 16, 2020, the City of Huntington Beach declared a local emergency following the onset of
the COVID-19 pandemic. In recent months, COVID-19 statistics, including vaccination and positivity
rates, have shown dramatic improvement. City Council Member Posey submitted a Council Directed
item on July 6, 2021, which was supported by the full City Council, directing that staff terminate the
City’s Local Emergency Declaration. As such, Resolution No. 2021-48 to terminate the local
emergency declaration has been prepared and is being presented to City Council for consideration.
Financial Impact:
Based on the current National and Statewide emergency orders that are in place, the City does not
anticipate any financial impact from this decision.
Recommended Action:
Adopt Resolution No. 2021-48, “A Resolution of the City Council of the City of Huntington Beach
Proclaiming the Termination of the Local Emergency Declared on March 16, 2020.”
Alternative Action(s):
Do not adopt Resolution No. 2021-48 and direct staff accordingly.
Analysis:
On March 4, 2020, Governor Gavin Newsom declared a State of Emergency as part of the State’s
efforts to control the spread of COVID-19 and coordinate its resources to prepare for the oncoming
surge in cases.
On March 16, 2020, the City Manager, acting in his capacity as the City’s Director of Emergency
Management, issued a Proclamation of Local Emergency,in response to the State of Emergency.
The City Council subsequently ratified the Proclamation of Local Emergency by adopting Resolution
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No. 2020-15.
This action enabled the City to streamline its decision-making processes and access Federal and
State resources to recoup a portion of City funds spent on responding to the pandemic. The Council’s
actions also authorized the Director of Emergency Management to take certain actions to protect the
health and safety of the community and stated that the local emergency would remain in effect until
terminated by proclamation of the City Council.
In early April 2021, Governor Newsom announced the State's intention to move beyond its Blueprint
for a Safer Economy and fully reopen the California economy on June 15, 2021, provided that
California has a sufficient vaccine supply for all Californians (16 years+) who wish for one, and the
State’s hospitalization rate remains stable and low. As of June 15, the State had met those conditions
and all sectors, excluding mega events, were able to return to normal business operations with no
capacity limits or social distancing requirements.
California law states that a legislative body should terminate all states of emergency at the “earliest
possible date” (California Government Code Section 8629). Therefore, staff has prepared the
attached resolution, which would terminate the March 16, 2020 local emergency declaration.
Termination would still leave the City in compliance with the Governor’s State of Emergency and
would not impact staff or our partner agencies’ continued coordination in the pandemic and
vaccination response. Furthermore, termination would not impact County, State and/or federal public
health measures that are currently in place, including mask requirements for unvaccinated individuals
in certain circumstances. Lastly, should the pandemic worsen in the future, the City Council may
choose to re-declare another local emergency.
Environmental Status:
Not applicable
Strategic Plan Goal:
COVID-19 Response
Attachment(s):
1. Resolution No. 2021-48
2. Resolution No. 2020-15
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City of Huntington Beach
File #:21-571 MEETING DATE:8/3/2021
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Oliver Chi, City Manager
PREPARED BY:Dahle Bulosan, Chief Financial Officer
Subject:
Adopt Resolution No. 2021-46 approving the Certification of Special Assessments for
Delinquent Civil Fines for Municipal Code Violations of the Municipal Code
Statement of Issue:
Each year, the City records notices of special assessments against private property for the value of
unpaid civil fines plus interest and penalties, pursuant to Ordinance No. 3397, adopted by the City
Council on June 15, 1998. City Council approval is required in order to meet the filing deadline with
the County of Orange.
Financial Impact:
The total amount of assessments included in this action equals $30,171.20. Should these special
assessments be placed on the property tax rolls and subsequently collected, these monies will be
deposited in the General Fund in Fiscal Year 2021/22.
Recommended Action:
Adopt Resolution No. 2021-46, "A Resolution of the City Council of the City of Huntington Beach
Certifying Special Assessments for Collecting Delinquent Civil Fines for Nuisance Violations of the
Municipal Code."
Alternative Action(s):
Do not approve the recommended action and direct staff accordingly.
Analysis:
In June 1998, the City Council adopted Huntington Beach Municipal Code Chapter 1.18 authorizing
the issuance of administrative citations that impose civil fines for violation of the Municipal Code of
the City of Huntington Beach. Pursuant to Section 1.18.150 of the Municipal Code, the City may
certify certain fines, interest, and penalties as delinquent and have them collected as special
assessments against the real property involved. These assessments are limited to property related
violations, wherein the fines exceed $250.00 cumulatively and are 60 days past due. In addition, all
hearing or appeal rights of the cited persons have been exhausted.
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File #:21-571 MEETING DATE:8/3/2021
For each of the properties being considered for placement of a lien, staff verified that the owners
received proper notification of the violations, citations, notification of the outstanding fines and fees
due, and of the potential for placement of a lien on their property for non-payment of the outstanding
fines and fees. Property owners also received invoices for the outstanding fines and fees and were
provided the opportunity to make payment arrangements.
Civil fines identified on Exhibit A to this Resolution have not been paid. The fine amounts will be
levied against the properties, non-payment of which will incur penalties and will appear as an
exception to the title on a title report at the time of transfer of the property. In addition, the fines will
be reported to the County Tax Assessor for inclusion on the property tax bills.
All assessments identified on “Exhibit A” represent fines, penalties, and interest related to code
enforcement actions.
Environmental Status:
Not applicable.
Strategic Plan Goal:
Non Applicable - Administrative Item
Attachment(s):
1. Resolution No. 2021-46, “A Resolution of the City Council of the City of Huntington Beach
Certifying Special Assessments for Collecting Delinquent Civil Fines for Nuisance Violations of
the Municipal Code”
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City of Huntington Beach
File #:21-490 MEETING DATE:8/3/2021
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Oliver Chi, City Manager
PREPARED BY:Chris Slama, Director of Community & Library Services
Subject:
Approve and authorize execution of a Memorandum of Understanding (MOU) between the City
of Huntington Beach and Orange Coast Memorial Medical Center, including Acceptance and
Authorization of an Annual Donation of $25,000 for Five Consecutive Years
Statement of Issue:
Orange Coast Memorial Medical Center (OC Memorial) and the City wish to continue the long-
standing partnership between the two entities by approving a new five-year MOU for the provision of
care management social service programs at the Senior Center in Central Park to enhance the
quality of life for Huntington Beach residents.
Financial Impact:
There is no financial impact to the General Fund. Per the terms of the MOU, OC Memorial will
provide an annual donation of $25,000 for care management programs for five consecutive years, for
a total donation of $125,000. Upon receipt of the annual donation, funds will be appropriated to
Donation Fund 103, account 10345508.
Recommended Action:
A) Approve and authorize the Mayor and City Clerk to execute the “Memorandum of Understanding
between the City of Huntington Beach and Orange Coast Memorial Medical Center;” and,
B) Accept and authorize the appropriation of the annual donation of $25,000 from Orange Coast
Memorial Medical Center as stipulated in the Memorandum of Understanding for five consecutive
years.
Alternative Action(s):
Do not approve the Memorandum of Understanding with Orange Coast Memorial Medical Center and
direct staff accordingly.
Analysis:
OC Memorial began serving as a member of the Huntington Beach Council on Aging in 2006 to
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enhance the quality of life for Huntington Beach seniors. In 2016, in anticipation of the new Senior
Center in Central Park opening, OC Memorial entered into a MOU with the City to provide an annual
donation of $25,000 for care management services.
OC Memorial now wishes to continue their five-year partnership with the City of Huntington Beach
and its social services care management team. The proposed MOU will provide the City with a total
of $125,000 for another five years of care management services. This ongoing support of care
management allows for the continuation of wellness programs and preventative services made
available to active seniors, in addition to frail and homebound seniors.
In return, the MOU provides OC Memorial with certain ‘naming rights’ to the Care Management area
within the building, recognition in certain publications, as well as opportunities to provide free
wellness and enrichment educational programs at the Senior Center in Central Park. The City’s
commitments include working collaboratively with OC Memorial to develop annual programming of
lectures and enrichment programs.
Approval of the MOU will memorialize and legally bind the partnership between the City and OC
Memorial with regard to its direct support of care management services.
Environmental Status:
Not applicable.
Strategic Plan Goal:
Community Engagement
Attachment(s):
1) Memorandum of Understanding between the City of Huntington Beach and Orange Coast
Memorial Medical Center
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Certificate Of Completion
Envelope Id: DDD0FEE6B5D94A72A32155E204B2AD53 Status: Completed
Subject: Senior Svcs Care Management Program MOU (21020522) between OCMC & City of HB is ready for eSignature
Source Envelope:
Document Pages: 8 Signatures: 2 Envelope Originator:
Certificate Pages: 5 Initials: 0 Linda Song
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
17360 Brookhurst St # 160
Fountain Valley, CA 92708
lsong@memorialcare.org
IP Address: 192.96.41.80
Record Tracking
Status: Original
7/14/2021 9:22:26 AM
Holder: Linda Song
lsong@memorialcare.org
Location: DocuSign
Signer Events Signature Timestamp
Emily Randle
erandle@memorialcare.org
COO, OCMMC
OCMC
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 192.96.41.21
Sent: 7/14/2021 11:43:59 AM
Viewed: 7/14/2021 12:49:03 PM
Signed: 7/14/2021 12:49:22 PM
Electronic Record and Signature Disclosure:
Accepted: 7/14/2021 12:49:03 PM
ID: 59738fbc-5f1a-4749-8613-bc22b6ae3146
Erin Hotra-Shinn
EHotraShinn@MemorialCare.org
VP, Stategy & Bs Development
OCMMC
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 192.96.41.21
Sent: 7/14/2021 11:43:59 AM
Viewed: 7/14/2021 11:46:25 AM
Signed: 7/14/2021 11:47:07 AM
Electronic Record and Signature Disclosure:
Accepted: 7/14/2021 11:46:25 AM
ID: 791b0ef8-57e9-48d7-89bf-349b60894ce3
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Beth Hambelton
BHambelton@memorialcare.org
Security Level: Email, Account Authentication
(None)Using IP Address: 192.96.41.21
Sent: 7/14/2021 9:37:28 AM
Viewed: 7/14/2021 11:37:43 AM
Completed: 7/14/2021 11:43:59 AM
Electronic Record and Signature Disclosure:
Accepted: 7/14/2021 11:37:43 AM
ID: e5fdf9a2-090d-4d45-bf6f-6cdddae0ad9b
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
123
Carbon Copy Events Status Timestamp
Chris Slama
CSlama@surfcity-hb.org
Security Level: Email, Account Authentication
(None)
Sent: 7/14/2021 12:49:24 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 7/14/2021 9:37:28 AM
Certified Delivered Security Checked 7/14/2021 11:46:25 AM
Signing Complete Security Checked 7/14/2021 11:47:07 AM
Completed Security Checked 7/14/2021 12:49:24 PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
124
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
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City of Huntington Beach
File #:21-499 MEETING DATE:8/3/2021
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Oliver Chi, City Manager
PREPARED BY:Chris Slama, Director of Community & Library Services
Subject:
Approve and authorize execution of a Memorandum of Understanding (MOU) and License to
Utilize Certain Space between the City of Huntington Beach and Hoag Memorial Hospital
Presbyterian, including Acceptance and Authorization of an Annual Donation of $100,000 for
Five Consecutive Years
Statement of Issue:
Hoag Memorial Hospital Presbyterian (HOAG) and the City wish to continue the long-standing
partnership between the two entities by approving a new five-year MOU for services and programs at
the Senior Center in Central Park to enhance the quality of life for Huntington Beach residents.
Financial Impact:
There is no financial impact to the General Fund. Per the terms of the MOU, HOAG will provide an
annual donation of $100,000 for sponsorship of the HOAG Health and Wellness Pavilion for five
consecutive years, for a total donation of $500,000. Upon receipt of the annual donation, funds will
be appropriated to Donation Fund 103, account 10345507.
Recommended Action:
A) Approve and authorize the Mayor and City Clerk to execute the “Memorandum of Understanding
and License to Use Certain Space Between the City of Huntington Beach and Hoag Memorial
Hospital Presbyterian;” and,
B) Accept and authorize the appropriation of the annual donation of $100,000 from HOAG as
stipulated in the Memorandum of Understanding for five consecutive years.
Alternative Action(s):
Do not approve the Memorandum of Understanding with Hoag Memorial Hospital Presbyterian and
direct staff accordingly.
Analysis:
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File #:21-499 MEETING DATE:8/3/2021
The City of Huntington Beach began collaborating with HOAG in 1999 to provide funding for the
City’s “Seniors on the Go” transportation program. In 2014, in anticipation of the new Senior Center
in Central Park opening in July 2016, HOAG donated $2,000,000 for construction of the new center
with an additional $1,775,000 for ongoing human services programs, including $500,000 for Hoag
Health and Wellness Pavilion programs and services.
HOAG now wishes to continue their five-year partnership with the City of Huntington Beach and its
senior services wellness and fitness team. The proposed MOU will provide the City with a total of
$500,000 for another five years of programs and services associated with the Hoag Health and
Wellness Pavilion.
In return, the MOU provides HOAG a fitness suite and other areas as described in the MOU, as well
as staff to assist in the development and maintenance of a comprehensive contracted array of
exercise, fitness, and wellness offerings. The City will also continue to provide prominent signage
indicating the HOAG Health and Wellness Pavilion entry area, as well as signage in the fitness
center.
Approval of the MOU will memorialize and legally bind the City and HOAG with regard to its direct
support of the Hoag Health and Wellness Pavilion for another five years.
Environmental Status:
Not applicable.
Strategic Plan Goal:
Community Engagement
Attachment(s):
1) Memorandum of Understanding and License to Use Certain Space Between the City of
Huntington Beach and Hoag Memorial Hospital Presbyterian
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City of Huntington Beach
File #:21-538 MEETING DATE:8/3/2021
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:
Authorize the appropriation of funds and execution of a construction contract with J. F. Shea
Construction, Inc., in the amount of $265,316.00 for various improvements to City operated
utilities, including a 20% construction contingency
Statement of Issue:
City Council action is requested to authorize award of a construction contract to J.F. Shea
Construction, Inc., the contractor for the East Garden Grove Wintersburg Channel Improvements
Project (EGGW Channel Project), for the County of Orange .
Financial Impact:
Total funds for the project, including contingency and supplemental expenses, are estimated at
$318,379.20. Staff requests a $172,404.00 appropriation from the Sewer Service Fund (511), and a
$145,975.20 appropriation from the Infrastructure Fund (314).
Recommended Action:
A) Appropriate $172,404.00 from the Sewer Service Fund (511) to Account 51185101.82600; and,
B) Appropriate $145,975.20 from the Infrastructure Fund (314) to Account 31485201.82500; and,
C) Authorize a contract with J.F. Shea Construction, Inc., in the amount of $265,316.00; and,
D) Authorize the Mayor and the City Clerk to execute a construction contract in a form approved by
the City Attorney; and,
E) Authorize a twenty percent (20%) construction contingency.
Alternative Action(s):
Do not authorize the sole source procurement and the construction contract and direct staff
accordingly.
Analysis:
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File #:21-538 MEETING DATE:8/3/2021
J. F. Shea Construction, Inc., was awarded a contract to provide construction services for the East
Garden Grove Wintersburg Channel Improvements Project (EGGW Channel Project) for the County
of Orange, near the intersection of Warner Avenue and Springdale Street, for $85,109.096, on June
9, 2020. The City has a 12-inch and a 21-inch pipeline under the EGGW Channel, which are
permitted in County right of way by Encroachment Permit. The terms of the Encroachment Permits
place the burden of relocation or improvement of the two pipelines with the City. In order to be
compatible with the County Channel improvements, these pipelines require encasement at each end
of each pipeline.
J.F. Shea Construction has provided four cost estimates to provide the encasement of the City’s 12-
inch and 21-inch pipelines, one cost estimate for each end of each pipeline. The total cost of all four
encasements is $318,379.20, including contingency and supplemental expenses. The City has
asked Reyes Construction, Inc., to estimate the cost of the four encasements. Reyes Construction is
the County of Orange contractor for a similar channel project on the Talbert Channel. Reyes
Construction verified that the cost proposals from J.F. Shea Construction were reasonable for the
proposed encasements.
J.F. Shea Construction is in a unique position to provide the four each encasements for the City’s 12-
inch and 21-inch pipelines. They are mobilized and ready to provide the encasement for the City. As
a part of their contract with the County, they will be providing dewatering and excavation under the
bridges, in the regions where the pipelines are located. The cost of these items are $771,950 for
dewatering, and $275,000 for excavation. Should the City choose a separate contractor for the
encasement work, a good deal of the cost for the dewatering and excavation would need to be
duplicated. Due to these factors, the City would end up paying far more to a separate contractor than
to J. F. Shea Construction for these encasements.
Environmental Status:
This Project is an included element of the Project considered in Mitigated Negative Declaration
(MND) IP No. 18-052 approved by the County of Orange Board on October 22, 2019, that adequately
addressed the effects of the proposed Project.
Strategic Plan Goal:
Infrastructure & Parks
Attachment(s):
1. Project Sheet: County of Orange, East Garden Grove Wintersburg Channel Project
2. County of Orange, Minute Order 20-000287
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City of Huntington Beach
File #:21-548 MEETING DATE:8/3/2021
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Oliver Chi, City Manager
PREPARED BY:Julian Harvey, Interim Chief of Police
Subject:
Approve and authorize execution of a three-year Services Agreement with the City of Costa
Mesa for Public Safety Helicopter Services
Statement of Issue:
The City of Costa Mesa is requesting a three-year contract agreement with the City of Huntington
Beach for Public Safety Helicopter Services.
Financial Impact:
The proposed contract would generate approximately $300,000 per year in General Fund revenue for
the City of Huntington Beach, in exchange for Public Safety Helicopter Services for the City of Costa
Mesa. During the proposed three-year contract, revenues will be deposited into Business Unit
10000100, Object Code 46865.
Recommended Action:
Approve and authorize the Mayor and City Clerk to execute, “Services Agreement for Public Safety
Helicopter Support Between the City of Huntington Beach and the City of Costa Mesa.”
Alternative Action(s):
Do not approve and direct staff accordingly.
Analysis:
Upon the dissolution of the Airborne Law Enforcement Services (ABLE) Joint Powers Authority in
2011, the City of Costa Mesa was left without public safety helicopter support services. Since then,
Costa Mesa has contracted with the City of Huntington Beach for public safety helicopter services.
The current contract with Costa Mesa for helicopter services expired on June 30, 2021.
Partnering with the City of Costa Mesa allows the City of Huntington Beach to allow for cost recovery
for our aircraft and crew while providing enhanced public safety to a neighboring city. Beyond the
cost recovery that shares some of the fiscal burden of operating an airborne law enforcement unit,
this agreement and partnership with an adjacent jurisdiction directly and indirectly benefits both cities
through crime prevention; the rapid apprehension of suspected criminals; the reduction of the
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File #:21-548 MEETING DATE:8/3/2021
inherent risks associated with vehicle pursuits; and public assistance incidents the aircraft provide,
including locating missing persons, rescues, and the prevention of accidents and dangerous
situations.
This regional and more centralized approach to airborne law enforcement is supported by the ’2018
Orange County Grand Jury Report: Competition or Collaboration: Orange Countys Public Agency
Helicopters <https://www.ocgrandjury.org/pdfs/2017_2018_GJreport/2018-06-
22_GJ_Helicopter_Report.pdf>, and allows for more predictable budgeting for both entities.
The City of Costa Mesa is requesting Public Safety Helicopter Services from Huntington Beach at the
hourly rate of $800, which is subject to annual adjustment based on the change in the Metropolitan
Consumer Price Index. The proposed contract includes a 60-day opt-out clause for either agency.
Environmental Status:
Not applicable.
Strategic Plan Goal:
Non Applicable - Administrative Item
Attachment(s):
1. Services Agreement for Public Safety Helicopter Support Between the City of Huntington
Beach and the City of Costa Mesa
2. Certificate of Insurance
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City of Huntington Beach
File #:21-549 MEETING DATE:8/3/2021
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Oliver Chi, City Manager
PREPARED BY:Julian Harvey, Interim Chief of Police
Subject:
Approve and authorize a 5-year Sole Source Agreement with Heli-Mart to supply helicopter
components to maintain the City’s helicopter fleet
Statement of Issue:
The Police Air Support Unit is requesting a Sole Source Agreement with Heli-Mart to supply
helicopter components to maintain the city fleet of helicopters.
Financial Impact:
The proposed Sole Source Agreement would allow the department to purchase $340,000 of
components per year for the next five years. Purchasing from Heli-Mart would result in cost savings
of approximately 20% when compared to other parts vendors, due to the discount provided by Heli-
Mart to the City of Huntington Beach. Based in Orange County, Heli-Mart’s proximity will also result
in additional cost savings through the elimination of shipping charges, which would be in the tens of
thousands of dollars if another vendor was selected.
Recommended Action:
Approve and authorize the Mayor and City Clerk to authorize a Sole Source agreement with Heli-
Mart.
Alternative Action(s):
Do not approve and direct staff accordingly. Although there are other parts suppliers, Heli-Mart has a
significantly more comprehensive parts inventory than its competitors and is on call for the Police Air
Support Unit 24 hours per day, which is critical to the emergency operations of the City.
Analysis:
The Police Department is requesting to renew the Sole Source Agreement for the purchase of
helicopter components from Heli-Mart. The Huntington Beach Police Air Support Unit maintains a
fleet of three helicopters and is responsible for providing Air Support services to Huntington Beach,
Newport Beach, Costa Mesa, and Irvine. As such, the aircraft need to be ready on a moment’s
notice.
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File #:21-549 MEETING DATE:8/3/2021
Based in Orange County, Heli-Mart’s proximity allows for the delivery of parts within hours upon
ordering and does not charge the City for shipping. In terms of parts availability, additional research
conducted by the Police Department has demonstrated that Heli-Mart’s inventory is significantly more
comprehensive than its competitors. Multiple times in the recent past, the Air Support Unit has
ordered parts from Heli-Mart that no other supplier was able to obtain. Without these parts, the
aircraft would not have been able to fly. The next two closest vendors have smaller parts inventories,
charge for shipping, and are located in Camarillo, CA, and Oceanside, CA. Having a local supplier
with a vast inventory of readily available parts at a discounted price will result in fewer hours of
aircraft unavailability due to maintenance. In addition to being a local vendor, Heli-Mart is on call for
the Police Air Support Unit 24 hours a day and can deliver parts within 30 minutes if need be.
Environmental Status:
Not applicable.
Strategic Plan Goal:
Non Applicable - Administrative Item
Attachment(s):
1. Sole Source justification
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City of Huntington Beach
File #:21-578 MEETING DATE:8/3/2021
Submitted by Mayor Carr - Establish an Annual “Rockin’ Fig Day” to Memorialize the Life of
Local Legend Rick “Rockin’ Fig” Fignetti
I recommend that the City Council establish “Rockin’ Fig Day” to be commemorated annually on the
Saturday of Surf City Days event which is typically celebrated in September after Labor Day.
Of note, this year’s Surf City Days has been postponed to the weekend of October 9-10, due to
COVID-19. Therefore, the first Rockin’ Fig Day, if approved, would take place on Saturday, October
9, 2021.
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CITY OF HUNTINGTON BEACH
CITY COUNCIL MEETING – COUNCIL MEMBER ITEMS REPORT
TO: THE HONORABLE CITY COUNCIL
FROM: KIM CARR, MAYOR
DATE: AUGUST 3, 2021
SUBJECT: ESTABLISH AN ANNUAL “ROCKIN’ FIG DAY” TO MEMORIALIZE THE LIFE OF LOCAL LEGEND RICK
“ROCKIN’ FIG” FIGNETTI
On July 16, 2021, local surf legend, Rick “Rockin’ Fig” Fignetti, passed away unexpectedly at the age of 64. Fig’s
death represents a major loss to countless surf aficionados and residents who knew him well.
A 10-time West Coast Surfing Champion and two-time national champion, Fig’s contributions to the local surf
culture were outsized, and they have certainly made a lasting impression on our community. During the 1980’s,
Rockin’ Fig gave the surf report on KROQ and introduced millions of listeners to the art, culture, and sport of
surfing. Fig was also the voice of the U.S. Open for many years, as well as the official and unofficial master of
ceremonies for more intimate events like the Blessing of the Waves, Surfing Walk of Fame, New Year’s Day Surf
City Splash and countless surf contests. He owned Rockin’ Fig Surf Headquarters on Main Street, which became
home base for many new and veteran surfers and established the Annual Rockin’ Fig Vintage Surf Festival.
Lastly, he was a true surf ambassador who was inducted into both the Surfing Walk of Fame and Hall of Fame.
In short, Rick "Rockin' Fig" Fignetti was a Huntington Beach local legend and should be remembered for his
dedication to Surf City, USA. As such, I believe it would be appropriate for the City to establish an annual “Rockin’
Fig Day” during the Surf City Days event held each year.
RECOMMENDED ACTION
I recommend that the City Council establish “Rockin’ Fig Day” to be commemorated annually on the Saturday
of Surf City Days event which is typically celebrated in September after Labor Day.
Of note, this year’s Surf City Days has been postponed to the weekend of October 9-10, due to COVID-19.
Therefore, the first Rockin’ Fig Day, if approved, would take place on Saturday, October 9, 2021.
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City of Huntington Beach
File #:21-581 MEETING DATE:8/3/2021
Submitted by Councilmember Posey - Directing an Agency Cost Reduction Review
I recommend that the City Council vote to direct the City Manager to coordinate an agency cost
reduction review.
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CITY OF HUNTINGTON BEACH
CITY COUNCIL MEETING – COUNCIL MEMBER ITEMS REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: MIKE POSEY, CITY COUNCIL MEMBER
DATE: AUGUST 3, 2021
SUBJECT: DIRECTING AN AGENCY COST REDUCTION REVIEW
During the past several months, I’ve been made aware that numerous public entities have
engaged the services of private firms that conduct cost -reduction reviews. These assessments
typically have no up-front cost, and any fees paid are coordinated through a split of any
documented savings identified.
Engaging in this type of win-win public-private partnership should be explored by the City, which
could further improve our already enviable fiscal position here in Huntington Beach. To that end,
I am suggesting that the City Council direct that the City Manager coordinate an agency cost
reduction review by identifying a qualified firm to coordinate a comprehensive no -cost
assessment.
RECOMMENDED ACTION
I recommend that the City Council vote to direct the City Manager to coordinate an agency cost
reduction review.
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City of Huntington Beach
File #:21-582 MEETING DATE:8/3/2021
Submitted by Councilmember Posey - Convening a Charter Review Committee of the City
Council
I recommend that the City Council vote to direct the formation of a City Council Ad-Hoc Charter
Review Committee to develop and submit for consideration Charter update language.
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CITY OF HUNTINGTON BEACH
CITY COUNCIL MEETING – COUNCIL MEMBER ITEMS REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: MIKE POSEY, CITY COUNCIL MEMBER
DATE: AUGUST 3, 2021
SUBJECT: CONVENING A CHARTER REVIEW COMMITTEE OF THE CITY COUNCIL
As evidenced by the recent City Council vacancy selection process, there are certain provisions
within the City’s Charter that warrant review and reconsideration. For instance, Huntington
Beach City Charter Section 312 states that any vacancy on the City Council “shall be filled by
appointment by the City Council.” Further, the Charter stipulates that if the City Council fails to
fill the “vacancy by appointment within sixty days after such office shall become vacant, the City
Council shall forthwith cause an election to be held to fill such vacancy for the remainder of the
unexpired term.”
In an effort to strengthen our local democratic institutions, I am suggesting that a committee of
the City Council be convened to develop recommended updates to the City Charter, including
but not limited to a review of the vacancy appointment process. Through this City Council
committee, recommended updates would be developed and brought forward for full City Council
consideration. If the City Council then moves to adopt the proposed changes, the Charter
amendments would be put forward for voter consideration.
RECOMMENDED ACTION
I recommend that the City Council vote to direct the formation of a City Council Ad-Hoc Charter
Review Committee to develop and submit for consideration Charter update language.
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