HomeMy WebLinkAbout2022-03-01 Agenda Packet - Hybrid
AGENDA
City Council/Public Financing Authority Regular Meeting
Tuesday, March 1, 2022
No Study Session/Closed Session – 5:00 PM
Regular Meeting – 6:00 PM
MAYOR AND CITY COUNCIL
BARBARA DELGLEIZE, Mayor
MIKE POSEY, Mayor Pro Tem
RHONDA BOLTON, Councilmember
KIM CARR, Councilmember
DAN KALMICK, Councilmember
NATALIE MOSER, Councilmember
ERIK PETERSON, Councilmember
Council Chambers
2000 Main Street
Huntington Beach, CA 92648
-or-
Virtual via Zoom Webinar
STAFF
SEAN JOYCE, Interim City Manager
MICHAEL E. GATES, City Attorney
ROBIN ESTANISLAU, City Clerk
ALISA BACKSTROM, City Treasurer
IN-PERSON PUBLIC PARTICIPATION/ZOOM ACCESS: In keeping with the Governor’s mandate to limit in-person
gatherings that can spread COVID-19, the Tuesday, March 1, 2022 meeting remains virtually accessible. In addition,
the Council Chambers will be open for public attendance and masks are optional for those who are fully vaccinated
(with booster).
Assembly Bill 361 (AB 361) authorizes public meetings to take place via teleconference (i.e., virtual using Zoom), or in
person if in part, State and Local officials continue to recommend measures to promote social distancing. In addition to this
hybrid format, 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: To ensure the public’s right to fully participate in providing meaningful public comments at the March
1, 2022 City Council meeting, the Council Chambers will be open for public attendance to provide public comments on
agendized or non-agendized items. Individuals may also provide a comment 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. Instructions for those utilizing computer or telephone devices to request
to speak are provided in each section of the agenda where public comments are accepted.
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 the day of the meeting, 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. Communications received following
the 2:00 PM deadline will be incorporated into the administrative record.
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 March 1, 2022City Council/Public Financing
Authority
5:00 PM - COUNCIL CHAMBERS
CALL TO ORDER
ROLL CALL
Peterson, Bolton, Posey, Delgleize, Carr, Moser, Kalmick
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 delivered to the City
Clerk, via computer through Zoom Webinar ID 971 5413 0528, or Zoom Webinar by phone by
calling (669) 900-6833. Once the Mayor opens Public Comments, in-person participants will be
called to speak first. Zoom Webinar participants wishing to speak will be provided a 15-minute
window to 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. Individuals will be
prompted to speak when the Clerk announces their name or the last three digits of their phone
number. After a virtual speaker concludes their comment, their microphone will be muted. All
speakers are encouraged, but not required to identify themselves by name. Each speaker may
have up to 3 minutes unless the volume of speakers warrants reducing the time allowance.
RECESS TO CLOSED SESSION
CLOSED SESSION ANNOUNCEMENT(S)
22-1721.Mayor Delgleize to Announce: Pursuant to Government Code §
54957.6, the City Council takes this opportunity to publicly introduce
and identify designated labor negotiators: Sean Joyce, Interim City
Manager and Brittany Mello, Administrative Services Director, who
will be participating in today's Closed Session discussions regarding
labor negotiations for: Surf City Lifeguard Employees' Association
(SCLEA) and Police Officers’ Association (POA)
CLOSED SESSION
22-1672.CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION.
(Paragraph (1) of subdivision (d) of Section 54956.9). Name of case:
Bottoms (Mark) v. City of Huntington Beach, et al.; OCSC Case No.
30-2021-01196342.
Page 1 of 8
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AGENDA March 1, 2022City Council/Public Financing
Authority
22-1683.CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION.
(Paragraph (1) of subdivision (d) of Section 54956.9). Name of case:
Handrinos (Mathias) v. City of Huntington Beach, et al.; USDC Case
No.: 8:20-cv-1206 FLA (DFMx).
22-1734.CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION.
(Paragraph (1) of subdivision (d) of Section 54956.9). Name of case:
California Renters Legal Advocacy and Education Fund/THDT
Investment, Inc. v. City of Huntington Beach; OCSC Case No.:
30-2020-01140855; Appellate Case No. G060842.
22-1745.CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION.
(Paragraph (1) of subdivision (d) of Section 54956.9). Name of case:
Californians for Homeownership, Inc. v. City of Huntington Beach;
OCSC Case No. 30-2019-01107760; Court of Appeal No. G060835.
22-1776.CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION.
(Paragraph (1) of subdivision (d) of Section 54956.9). Name of case:
Emmer (Cynthia) v. City of Huntington Beach; OCSC Case No.
30-2020-01145487.
22-1717.CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section
54957.6.) Agency designated representatives: Sean Joyce, Interim
City Manager; also in attendance: Brittany Mello, Director of
Administrative Services, regarding the following: Surf City Lifeguard
Employees' Association (SCLEA) and Police Officers’ Association
(POA)
6:00 PM – COUNCIL CHAMBERS
RECONVENE CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING
ROLL CALL
Peterson, Bolton, Posey, Delgleize, Carr, Moser, Kalmick
PLEDGE OF ALLEGIANCE
INVOCATION
Page 2 of 8
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AGENDA March 1, 2022City Council/Public Financing
Authority
In permitting a nonsectarian invocation, the City does not intend to proselytize or advance any
faith or belief. Neither the City nor the City Council endorses any particular religious belief or form
of invocation.
22-1758.Mike Michaud from Dance4Joy Ministries and member of the Greater
Huntington Beach Interfaith Council
CLOSED SESSION REPORT BY CITY ATTORNEY
AWARDS AND PRESENTATIONS
22-1569.Mayor Delgleize to call on Victoria Alberty for the Adoptable Pet of
the Month
22-13810.Mayor Delgleize to proclaim March as Women’s History Month
22-13911.Mayor Delgleize to call on members of the Huntington Beach
Firefighters’ Association (HBFA) to present a check to the
Huntington Beach High School Foundation for $40,000 from the
HBFA Great Balls of Fire Charity Golf Tournament
22-15712.Mayor Delgleize to call on members of the Marina High School Girls
Wrestling Team who recently won the 2022 CIF-Southern Section
Central Division Championships
22-15813.Mayor Delgleize to call on Marina High School Cheerleaders who
recently ranked as 2022 National Champions
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 delivered to the City Clerk, via computer through Zoom Webinar ID 971
5413 0528, or Zoom Webinar by phone by calling (669) 900-6833. Once the Mayor opens Public
Comments, in-person participants will be called to speak first. Zoom Webinar participants wishing
to speak will be provided a 15-minute window to 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. Individuals will be prompted to speak when the Clerk announces their name or the
last three digits of their phone number. After a virtual speaker concludes their comment, their
microphone will be muted but they may remain in Webinar attendance for the duration of the
Page 3 of 8
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AGENDA March 1, 2022City Council/Public Financing
Authority
meeting. All speakers are encouraged, but not required to identify themselves by name. Each
speaker may have up to 3 minutes unless the volume of speakers warrants reducing the time
allowance.
While the City Council welcomes public involvement and free speech, it rejects comments from
anyone that are discriminatory, defamatory or otherwise not protected speech. Those comments
will not inform nor be considered by the City Council and may be cause for the Mayor to interrupt
the public speaker. Such public comments will not be consented to or otherwise adopted by the
City Council in its discussions and findings for any matter tonight.
COUNCIL COMMITTEE - APPOINTMENTS - LIAISON REPORTS, AB 1234 REPORTING, AND
OPENNESS IN NEGOTIATIONS DISCLOSURES
CITY MANAGER'S REPORT
CONSENT CALENDAR
22-15014.Approve and Adopt Minutes
A) Approve and adopt the City Council/Public Financing Authority regular meeting
minutes dated February 15, 2022.
Recommended Action:
22-01515.Receive and file the City Clerk’s quarterly listing of professional
services contracts filed in the City Clerk’s Office between July 1,
2021 and December 31, 2021
A) Receive and file the “List of Professional Services Contracts Approved by Department
Heads and Submitted to the Office of the City Clerk during the period of July 1, 2021 and
September 30, 2021;” and,
B) Receive and file the “List of Professional Services Contracts Approved by Department
Heads and Submitted to the Office of the City Clerk during the period of October 1, 2021
and December 31, 2021.”
Recommended Action:
22-15216.Adopt Resolution No. 2022-06 permitting the City Manager to
execute all documents related to the Permanent Local Housing
Allocation Program (PLHA)
Adopt Resolution No. 2022-06, “A Resolution of the City Council of the City of Huntington Beach
Authorizing the Application and Adopting the PLHA Plan for Permanent Local Housing Allocation
Program” authorizing the City Manager position or his/her designee to execute all documents
Recommended Action:
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AGENDA March 1, 2022City Council/Public Financing
Authority
related to the PLHA program.
21-85317.Approve and execute a Site License Agreement between New
Cingular Wireless (AT&T) and the City of Huntington Beach for a
wireless communication facility located at Fire Station 6 - Edwards
Approve and authorize the Mayor and City Clerk to execute the “Site License Agreement
For Installation and Use of a Communications Antenna Facility and Supporting Equipment
Between the City of Huntington Beach and New Cingular Wireless PCS, LLC” for the
telecommunications facility at Fire Station 6 - Edwards based on the terms and conditions
as presented herein.
Recommended Action:
22-11018.Accept the lowest responsive and responsible bid and authorize
execution of a construction contract with Palp, Inc. dba Excel Paving
Company (Excel Paving) in the amount of $291,600 for the Flow Line
Half Round Inlet Drainage Structures Project, CC-1676
A) Accept the most responsive and responsible bid submitted by Excel Paving in the
amount of $291,600; and,
B) Authorize the Mayor and City Clerk to execute a construction contract in a form
approved by the City Attorney.
Recommended Action:
22-15119.Finance Commission Request to Discuss and Review the City’s
Master Fee and Charges Schedule
Direct staff to review the Master Fees and Charges Schedule and review the results with
Finance Commission for input and recommendations prior to City Council consideration.
Recommended Action:
22-14920.Approve and authorize execution of a Professional Services
Contract with Townsend Public Affairs (TPA), Inc. for Legislative
Advocacy and Grant Management Services
Approve and authorize the Mayor and City Clerk to execute a “Professional Services
Contract Between the City of Huntington Beach and Townsend Public Affairs, Inc. for
On-Call Legislative Advocacy and Grant Management Services.”
Recommended Action:
22-15321.Adopt Ordinance No. 4234 approving Zoning Text Amendment (ZTA)
No. 21-006 establishing electric vehicle charging station sign
Page 5 of 8
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AGENDA March 1, 2022City Council/Public Financing
Authority
standards
Approved for introduction Feb. 15, 2022 - Vote: 7-0
Adopt City Council Ordinance No. 4234, “An Ordinance of the City of Huntington Beach
Amending Chapter 233 of the Huntington Beach Zoning and Subdivision Ordinance
Establishing Electric Vehicle Charging Station Sign Standards (Zoning Text Amendment
No. 21-006).”
Recommended Action:
ADMINISTRATIVE ITEMS
22-12322.Consider Withdrawal of Previous City Council Approval of the
Edison Park Reconfiguration Conceptual Plan
A) Withdraw the November 16, 2021 City Council approval of the final Edison Park
Reconfiguration Conceptual Plan; and,
B) Direct staff to conduct further community outreach and additional review and analysis of
the Conceptual Plan, and return to City Council.
Recommended Action:
22-14123.Approve and authorize a First Amendment to the Exclusive
Negotiating Agreement (ENA) with Surf City Partners, LLC for 21
Main Street at the Huntington Beach Pier
Approve and authorize the Mayor and City Clerk to execute the “First Amendment
Exclusive Negotiating Agreement Between City of Huntington Beach and Surf City
Partners, LLC" to expand the property area to include the pier restroom building and
surrounding area as part of the 21 Main Street property description.
Recommended Action:
22-16224.Proposed City Council Sponsored Initiative Regarding Cannabis
Business Tax
If the City Council wishes to put a tax ballot measure before voters in June as a special tax,
the following actions are recommended:
A) Adopt Resolution No. 2022-07 , “A Resolution of the City Council of the City of
Huntington Beach, California calling for a Special Election to place a special tax measure
on the June 7, 2022 Statewide Primary election ballot for the submission to the qualified
voters of proposed Ordinance No. 22-XX adding Chapter 3.25 to Title 3 of the
Huntington Beach Municipal Code, establishing a tax on cannabis businesses within the
City of Huntington Beach; requesting full election services from the County of Orange to
Recommended Action:
Page 6 of 8
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AGENDA March 1, 2022City Council/Public Financing
Authority
conduct said election; and setting rules and deadlines for arguments and rebuttals for and
against the Ordinance including designating council to draft arguments; and,
B)Direct staff to schedule a future meeting date at which the City Council can further
consider the implications of various unresolved policy/regulatory matters associated with
cannabis, after which time the City Attorney can prepare and return to the City Council for
its consideration, a regulatory ordinance regarding cannabis regulations for City Council
adoption or voter approval; and
C)Authorize a General Fund appropriation of up to $450,000 in Account
10010201.69505 for the OC Registrar of Voters to cover all associated election costs
related to placing the measure on the June 7, 2022 ballot .
However, if the City Council wishes to put a tax measure before voters in November as a
general tax, the following actions are recommended:
1) Direct staff to return to the City Council to adopt the draft resolution (Attachment 2);
and,
2) Direct staff to schedule a future meeting date at which the City Council can further
consider the implications of various unresolved policy/regulatory matters associated with
cannabis, after which time the City Attorney can prepare and return to the City Council for
its consideration, a regulatory ordinance regarding cannabis regulations for City Council
adoption or voter approval.
If this option is selected, the cost of election will be budgeted in the FY2022-23 budget.
ORDINANCES FOR ADOPTION
22-09225.Adopt Interim Urgency Ordinance No. 4249 amending the Huntington
Beach Zoning and Subdivision Ordinance to establish objective
standards for urban lot splits and housing units constructed in
accordance with Senate Bill 9
SIX AFFIRMATIVE VOTES ARE REQUIRED TO ADOPT THIS
ORDINANCE PER GOVERNMENT CODE SECTION 65858
Adopt Urgency Ordinance No. 4249, “An Interim Ordinance of the City Council of the City
of Huntington Beach Adding Chapter 237 to Title 23 of the Huntington Beach Zoning and
Subdivision Ordinance to Provide Objective Standards for Urban Lot Splits and Housing
Units Built in Accordance with Senate Bill 9, Declaring the Urgency Thereof, and Making a
Recommended Action:
Page 7 of 8
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AGENDA March 1, 2022City Council/Public Financing
Authority
Finding of Exemption Under CEQA.”
COUNCILMEMBER ITEMS
22-16626.Submitted by Mayor Pro Tem Posey and Councilmember Carr -
Establishing a Memorial for Officer Nicholas Vella
Ask staff to work collaboratively with the City of Newport Beach to determine all
associated logistics with the development of a memorial for Officer Nicholas Vella at or
near the crash site. Furthermore, staff will inform Officer Vella’s family regarding the
proposed memorial and seek their input throughout the process to ensure that it is
reflective of his life and his commitment to public safety.
Recommended Action:
COUNCILMEMBER COMMENTS (Not Agendized)
ADJOURNMENT
The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority is
Tuesday, March 15, 2022, 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 8 of 8
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City of Huntington Beach
2000 Main Street,
Huntington Beach, CA
92648
File #:22-172 MEETING DATE:3/1/2022
Mayor Delgleize to Announce: Pursuant to Government Code § 54957.6, the City Council
takes this opportunity to publicly introduce and identify designated labor negotiators: Sean
Joyce, Interim City Manager and Brittany Mello, Administrative Services Director, who will be
participating in today's Closed Session discussions regarding labor negotiations for: Surf
City Lifeguard Employees' Association (SCLEA) and Police Officers’ Association (POA)
City of Huntington Beach Printed on 2/24/2022Page 1 of 1
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City of Huntington Beach
2000 Main Street,
Huntington Beach, CA
92648
File #:22-167 MEETING DATE:3/1/2022
CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision
(d) of Section 54956.9). Name of case: Bottoms (Mark) v. City of Huntington Beach, et al.;
OCSC Case No. 30-2021-01196342.
City of Huntington Beach Printed on 2/24/2022Page 1 of 1
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City of Huntington Beach
2000 Main Street,
Huntington Beach, CA
92648
File #:22-168 MEETING DATE:3/1/2022
CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision
(d) of Section 54956.9). Name of case: Handrinos (Mathias) v. City of Huntington Beach, et al.;
USDC Case No.: 8:20-cv-1206 FLA (DFMx).
City of Huntington Beach Printed on 2/24/2022Page 1 of 1
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City of Huntington Beach
2000 Main Street,
Huntington Beach, CA
92648
File #:22-173 MEETING DATE:3/1/2022
CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision
(d) of Section 54956.9). Name of case: California Renters Legal Advocacy and Education
Fund/THDT Investment, Inc. v. City of Huntington Beach; OCSC Case No.: 30-2020-01140855;
Appellate Case No. G060842.
City of Huntington Beach Printed on 2/24/2022Page 1 of 1
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City of Huntington Beach
2000 Main Street,
Huntington Beach, CA
92648
File #:22-174 MEETING DATE:3/1/2022
CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision
(d) of Section 54956.9). Name of case: Californians for Homeownership, Inc. v. City of
Huntington Beach; OCSC Case No. 30-2019-01107760; Court of Appeal No. G060835.
City of Huntington Beach Printed on 2/24/2022Page 1 of 1
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City of Huntington Beach
2000 Main Street,
Huntington Beach, CA
92648
File #:22-177 MEETING DATE:3/1/2022
CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision
(d) of Section 54956.9). Name of case: Emmer (Cynthia) v. City of Huntington Beach; OCSC
Case No. 30-2020-01145487.
City of Huntington Beach Printed on 2/24/2022Page 1 of 1
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City of Huntington Beach
2000 Main Street,
Huntington Beach, CA
92648
File #:22-171 MEETING DATE:3/1/2022
CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated
representatives: Sean Joyce, Interim City Manager; also in attendance: Brittany Mello,
Director of Administrative Services, regarding the following: Surf City Lifeguard Employees'
Association (SCLEA) and Police Officers’ Association (POA)
City of Huntington Beach Printed on 2/24/2022Page 1 of 1
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City of Huntington Beach
2000 Main Street,
Huntington Beach, CA
92648
File #:22-175 MEETING DATE:3/1/2022
Mike Michaud from Dance4Joy Ministries and member of the Greater Huntington Beach Interfaith Council
City of Huntington Beach Printed on 2/24/2022Page 1 of 1
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City of Huntington Beach
2000 Main Street,
Huntington Beach, CA
92648
File #:22-156 MEETING DATE:3/1/2022
Mayor Delgleize to call on Victoria Alberty for the Adoptable Pet of the Month
City of Huntington Beach Printed on 2/24/2022Page 1 of 1
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City of Huntington Beach
2000 Main Street,
Huntington Beach, CA
92648
File #:22-138 MEETING DATE:3/1/2022
Mayor Delgleize to proclaim March as Women’s History Month
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City of Huntington Beach
2000 Main Street,
Huntington Beach, CA
92648
File #:22-139 MEETING DATE:3/1/2022
Mayor Delgleize to call on members of the Huntington Beach Firefighters’ Association (HBFA)
to present a check to the Huntington Beach High School Foundation for $40,000 from the
HBFA Great Balls of Fire Charity Golf Tournament
City of Huntington Beach Printed on 2/24/2022Page 1 of 1
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City of Huntington Beach
2000 Main Street,
Huntington Beach, CA
92648
File #:22-157 MEETING DATE:3/1/2022
Mayor Delgleize to call on members of the Marina High School Girls Wrestling Team who
recently won the 2022 CIF-Southern Section Central Division Championships
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City of Huntington Beach
2000 Main Street,
Huntington Beach, CA
92648
File #:22-158 MEETING DATE:3/1/2022
Mayor Delgleize to call on Marina High School Cheerleaders who recently ranked as 2022
National Champions
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City of Huntington Beach
2000 Main Street,
Huntington Beach, CA
92648
File #:22-150 MEETING DATE:3/1/2022
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Robin Estanislau, CMC, City Clerk
PREPARED BY:Robin Estanislau, CMC, City Clerk
Subject:
Approve and Adopt Minutes
Statement of Issue:
The City Council/Public Financing Authority regular meeting minutes of February 15, 2022, require
review and approval.
Financial Impact: None.
Recommended Action:
A) Approve and adopt the City Council/Public Financing Authority regular meeting minutes dated
February 15, 2022.
Alternative Action(s):
Do not approve and/or request revision(s).
Analysis: None
Environmental Status: Non-Applicable
Strategic Plan Goal:
Non Applicable - Administrative Item
Attachment(s):
1. February 15, 2022 CC/PFA regular meeting minutes
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Minutes
City Council/Public Financing Authority
City of Huntington Beach
Tuesday, February 15, 2022
4:00 PM – Study/Closed Sessions
6:00 PM – Regular Meeting
Civic Center, 2000 Main Street
Huntington Beach, California 92648
or Virtual via Zoom Webinar
A video recording of the 4:00 PM and 6:00 PM portions of this meeting
is on file in the Office of the City Clerk, and archived at
www.surfcity-hb.org/government/agendas/
4:00 PM — COUNCIL CHAMBERS
CALLED TO ORDER — 4:00 PM
ROLL CALL
Present: Peterson, Bolton, Posey, Delgleize, Carr, Moser, and Kalmick
Absent: None
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:
Study Session
#1 (22-131) PowerPoint Presentation titled Policy Discussion Concerning Cannabis-related Taxation &
Regulation received from Sean Joyce, Interim City Manager.
#1 (22-131) A document titled Methodology: Core Decision Analytics (CODA) conducted N=400 live
telephone interviews among City of Huntington Beach likely voters from Thursday,
November 18 – Sunday, November 21, 2021, received from Councilmember Peterson.
PUBLIC COMMENTS PERTAINING TO STUDY SESSION / CLOSED SESSION ITEMS
(3-Minute Time Limit) — 2 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.
Michael Moussalli, a resident of Huntington Beach and owner of two cannabis manufacturer/distribution
businesses, was called to speak, shared his positive business experiences in Costa Mesa, and
expressed his interest in working to help ensure best practices are also established in Huntington Beach.
(00:02:57)
Kandice Hawes-Lopez, Founder and Director Emeritus, Orange County NORML for the reform of
marijuana laws, was called to speak, stated support for responsibly regulating cannabis businesses, and
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Council/PFA Regular Meeting
February 15, 2022
Page 2 of 15
offered to assist and share their experience and knowledge for the benefit of the City, business owners
and consumers. (00:04:55)
STUDY SESSION
1. 22-131 Discussion of the Policy Issues concerning the Cannabis-related Taxation and
Regulation
Interim City Manager Sean Joyce introduced Senior Administrative Analyst, Grace Yoon-Taylor and
Senior Planner Hayden Beckman who presented a PowerPoint entitled Policy Discussion concerning
Cannabis-related Taxation & Regulation with slides titled: Background, Background-Continued, Policy
Decision 1-5 by the City Council, Policy Decision: What Types of Cannabis Industry, Commercial
Cannabis - Categories, Cannabis Industry Types: Retail or Non-Retail? Comparison with other cities,
Policy Decision: What types of businesses should the City Allow?, Policy Decision: How many licenses
should be allowed and how?, Policy Decision: How many licenses should be issued and how?, Policy
Decision 2-1: If cap on number of licenses, how to select?, Policy Decision 2-1: If cap on number of
licenses, how to select?, Policy Decision: Where to locate through Zoning & Buffer requirements?,
Zoning Buffer Restriction - Comparison w/other cities, Policy Decision: Where to locate through Zoning &
Buffer requirements? (3), GIS Maps for Eligible Areas (Zoning & Buffers (2), Policy Decision: Revenue
Generating Options, Policy Decision 4-1: Tax Rate, Projected Tax Revenue & Costs, Policy Decision:
Revenue Generating Options, Policy Decision: Security, Inspection, and Enforcement Protocols (3),
Summary: Non-Consensus Policy Areas, and Next Steps / Recommendations.
Councilmember Kalmick thanked staff for the detailed report and explained his opinion that if Council
chooses to proceed with this item, the discussion needs to result in determining whether to proceed with
placing a tax measure on the June ballot. The results of the June tax vote would be indicative of how to
proceed in preparing for the November ballot.
Mayor Pro Tem Posey stated he is aware of competing interests and initiatives, and his support for
allowing voters to decide. He further stated his opinion that projected revenue is insufficient to offset
costs. Mayor Pro Tem Posey and audience participant Dana Cisneros, an attorney, discussed the
industry system called "Metric" which tracks each plant from seed to sale. Ms. Cisneros explained there
are financial service providers that interact with FDIC insured banks and credit unions to process non-
cash transactions.
Mayor Pro Tem Posey stated he has a number of questions he would like answers to before he is ready
to make a decision.
Councilmember Peterson stated his opinion there is no urgency for this topic and stated he will be able to
provide answers for any Councilmember questions.
Mayor Pro Tem Posey stated his questions include how many customers could be expected per store
from a population of 20,000 – 30,000 people; average number of visits per month per customer; average
transaction amount; monthly gross; the impact on the Police Department related to the illicit market;
effect on DUI arrests; and taxation tipping point, or when does legal product become too expensive and
drive business to the illicit market.
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Michael Moussalli explained his experience in Costa Mesa related to taxes at city and state levels, as
well as different grower and retail tax levels; and, provided examples of compliance and product testing
costs that can quickly make a business unsustainable, especially if a city sets the tax rate too high.
Councilmember Carr confirmed with Mr. Moussalli that product delivery is considered retail, and he
explained the state has two licenses: storefront location with delivery, or delivery only.
Councilmember Kalmick confirmed that lounges are not being considered, and only indoor cultivation
would be permitted.
Councilmember Moser, in referencing the tax options suggested by the Ad Hoc Committee, stated her
support for more tax flexibility by allowing a wider spread between the low and high end. Mr. Moussalli
explained that city taxes are applied to gross sales, and added that IRS regulations prohibit distribution
or sale businesses from writing off any expenses.
Councilmember Posey and Mr. Moussalli discussed the unlikely possibility that marijuana will be moved
from Schedule I to Schedule II at the Federal level; and if it were, the process to re-write state and city
laws would take considerable time.
Mayor Delgleize confirmed with Mr. Moussalli that there are state officials who can provide support and
resources for marijuana businesses.
Councilmember Bolton stated her support for Council moving forward as quickly as possible in order to
maintain control.
Councilmember Kalmick stated his support for Council asking staff to prepare a marijuana initiative for
the March 1, 2022, Council meeting in order to meet the March 11 deadline for a June ballot initiative.
He stated his expectation for another Study Session to review maps and receive responses from staff on
the questions posed by Council during tonight’s Study Session.
Councilmember Peterson stated his support for a 4 – 6% tax rate, suggested that Councilmembers
review the Supplemental Communication survey results (from a survey sponsored by one of the public
initiative proponents) to better understand resident opinions, and the majority desire to see a ballot
initiative on this issue.
RECESSED TO CLOSED SESSION — 5:03 PM
A motion by Moser, and second by Posey, to recess to Closed Session for Items # 4 – 6. With no
objections, the motion passed.
CLOSED SESSION ANNOUNCEMENT(S)
2. 22-133 Mayor Delgleize Announced: Pursuant to Government Code § 54957.6, the City
Council takes this opportunity to publicly introduce and identify designated labor
negotiator Sean Joyce, Interim City Manager, who will be participating in today’s
Closed Session discussions regarding labor negotiations with: Non-Represented
(Non-Associated) Employees (NA)
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3. 22-134 Mayor Delgleize Announced: Pursuant to Government Code § 54957.6, the City
Council takes this opportunity to publicly introduce and identify designated labor
negotiators: Sean Joyce, Interim City Manager and Brittany Mello, Administrative
Services Director, who will be participating in today’s Closed Session discussions
regarding labor negotiations for: City Manager
CLOSED SESSION
4. 22-129 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency
designated representatives: Sean Joyce, Interim City Manager. Employee
Organizations: Non-Represented (Non-Associated) Employees (NA)
5. 22-130 CONFERENCE WITH LABOR NEGOTIATORS (Unrepresented Employee)
Government Code section 54957.6. Title: City Manager, City Designated
Representatives: Sean Joyce, Interim City Manager and Brittany Mello,
Administrative Services Director
6. 22-140 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of
subdivision (d) of Section 54956.9). Name of case: Hernandez (Angela) v. City of
Huntington Beach, et al., OCSC Case No. 30-2020-01137506
6:00 PM - COUNCIL CHAMBERS
RECONVENED CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING — 6:03 PM
ROLL CALL
Present: Peterson, Bolton, Posey, Delgleize, Carr, Moser, and Kalmick
Absent: None
City Clerk Robin Estanislau announced that Chief Assistant City Attorney Mike Vigliotta is attending
tonight’s meeting on behalf of City Attorney Michael Gates who is involved in an active court trial.
PLEDGE OF ALLEGIANCE — Led by Mayor Pro Tem Posey
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.
7. 21-964 Zarathushti Maneck Bhujwala of the Zoroastrian Community and member of the
Greater Huntington Beach Interfaith Council
CLOSED SESSION REPORT BY CITY ATTORNEY — None
AWARDS AND PRESENTATIONS
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8. 22-125 Mayor Delgleize presented the Mayor’s HB Excellence Award for the month of
February to Justin Torres, Landscape Maintenance Supervisor, Department of
Public Works
Mayor Delgleize explained that the Mayor's HB Excellence Award is selected by fellow employees for
individuals that demonstrate humility, social awareness, passion, exceptionality, integrity, and are team
oriented.
Justin started his career with the City in 2005 as a maintenance worker and has been promoted five
times during his 17 years of service. Justin’s team oversees landscaping and playground maintenance
for 78 parks in Huntington Beach, plus street medians and City facilities, and he provides excellent
customer service.
Denny Bacon, Public Works Operations Manager, thanked Justin for his outstanding leadership when
Covid-19 required sudden and important changes to ensure everyone's safety, and noted Justin's
Arborist and Playground Equipment Inspector certifications. Manager Bacon described Justin as an
honest person, who is educated, and delivers.
Justin stated he loves his job working in the community where he was born and raised, and thanked
Mayor Delgleize for her support for City parks.
Mayor Delgleize provided a statement of condemnation in response to Anti-Semitic messaging seen in a
Huntington Beach neighborhood.
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
#17 (22-107) PowerPoint Presentation titled City of Huntington Beach – FY 2020/21 Year-End Audit
Results & FY 2021/22 Mid-Year Budget Update received from Dahle Bulosan, Chief
Financial Officer.
Councilmember Items
#18 (22-132) Letter of Support regarding the Bolsa Chica Lowlands Restoration Project received from
Assemblywoman Janet Nguyen.
#18 (22-132) Four (4) emails received regarding the Bolsa Chica Wetlands.
#19 (22-137) Four (4) emails received from mobile home residents.
PUBLIC COMMENTS (2-Minute Time Limit) — 23 In-Person and 7 Call-In Speakers
The number [hh:mm:ss] following the speakers' comments indicates their approximate starting time in
the archived video located at http://www.surfcity-hb.org/government/agendas.
Carol Rohr, President of the Skandia Homeowners Association, was invited to speak and shared details
related to the recent purchase of the mobile home park by what she described as a predatory investment
group, IPG, and thanked City Council and Interim City Manager Joyce for their support and efforts to
provide a fair and equitable solution to the problem for the City's seniors, veterans, disabled, retired and
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those living on fixed incomes. She stated that everyone should focus on a permanent resolution to the
problem. (01:26:41)
Norma Hannon, a 97-year-old resident of Huntington Beach, was called to speak and shared the
challenges of living on a fixed income with increasing rents, and asked City Council to ensure an
amendment to create a carve out for mobile home parks for City Charter Section 803 be placed on the
November 2022 ballot as a fair and equitable solution to the problem. (01:28:33)
Bob Herold, a 90-year-old resident of Skandia Mobile Home Park, was called to speak and shared the
challenges of living on a fixed income with increasing rents, and asked City Council to ensure an
amendment which would create a carve out for mobile home parks for City Charter Section 803 be
placed on the November 2022 ballot as a fair and equitable solution to the problem. (01:29:09)
Suzan Neil, a resident of Skandia Mobile Home Park, was called to speak and shared the challenges of
living on a fixed income with increasing rents, and asked City Council to ensure an amendment to create
a carve out for mobile home parks for City Charter Section 803 be placed on the November 2022 ballot
as a fair and equitable solution to the problem. (01:31:14)
Guy Morrow, a resident of Skandia Mobile Home Park, was called to speak and shared the challenges of
living on a fixed income with increasing rents, and asked City Council to ensure an amendment to create
a carve out for mobile home parks for City Charter Section 803 be placed on the November 2022 ballot
as a fair and equitable solution to the problem. (01:32:33)
Art Estrada, a resident of Skandia Mobile Home Park, was called to speak and shared the challenges of
living on a fixed income with increasing rents, and asked City Council to ensure an amendment to create
a carve out for mobile home parks for City Charter Section 803 be placed on the November 2022 ballot
as a fair and equitable solution to the problem. (01:34:12)
Gina Alexander, a member of the Skandia Mobile Home Park Homeowner Association, was called to
speak and shared her opinions on blustering threats by the predatory Park owners and industry
managers who are victimizing mobile home park residents, and encouraged local government to resist
addressing the challenges of living on a fixed income with increasing rents. (01:36:25)
Dan Pantano, a resident of Skandia Mobile Home Park, was called to speak and shared his personal
experience in dealing with Manufactured Housing Educational Trust (MHET) Rental Assistance Program,
which apparently is no longer accepting new applications, and the predatory practices of Skandia's new
property managers. (01:38:32)
Tim Geddes, a long-time resident of Huntington Beach, was called to speak and stated his appreciation
and support for Councilmember Items No. 19 regarding a Senior Resource Fair, which he expects to
benefit the victims of space rent spiking by corporate mobile home park owners. He further shared his
opinions on the inadequate and restrictive assistance program offered by Manufactured Housing
Education Trust (MHET), and stated local government must do what it can to protect these vulnerable
citizens. (01:41:50)
Sheila Lugenbuehl, resident of the Skandia Mobile Home Park, was called to speak, and asked that City
Council support placing a mobile home carve out amendment to City Charter Section 803 on the
November 2022 ballot. (01:43:46)
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Michael Lugenbuehl, a resident of Skandia Mobile Home Park, was called to speak, described the
planned unfair rent increases, and asked that City Council support placing a mobile home carve out
amendment to City Charter Section 803 on the November 2022 ballot. (01:45:29)
Patricia Taylor, a resident of Rancho Huntington Mobile Home Park, was called to speak and asked that
City Council support placing a mobile home carve out amendment to City Charter Section 803 on the
November 2022 ballot. (01:47:10)
Richard Smith, a veteran and resident of Skandia Mobile Home Park, was called to speak and asked that
City Council support placing a mobile home carve out amendment to City Charter Section 803 on the
November 2022 ballot. (01:49:22)
Serena Taylor, a resident of Skandia Mobile Home Park, was called to speak and asked that City Council
support placing a mobile home carve out amendment to City Charter Section 803 on the November 2022
ballot. (01:51:20)
Douglas Taylor, a resident of Skandia Mobile Home Park, was called to speak and asked that City
Council support placing a mobile home carve out amendment to City Charter Section 803 on the
November 2022 ballot. (01:52:37)
John Buzan, a long-time resident of Huntington Beach, was called to speak and shared his perspective
on the domino effect by describing Federal investigations into alleged illegal activities of politicians.
(01:55:01)
Pano Frousiakis, a Candidate for City Council in 2022, was called to speak and stated his support for the
effort to make it possible for the residents to vote in November regarding a mobile home carve out. Mr.
Frousiakis announced he and Freedom Link are recognizing a local small business that has served the
community for over 70 years, by planning a lunch event on Friday, February 18, 12 noon, at Lucci's Deli
on Adams Avenue at Magnolia Street. (01:57:21)
Dana Cisneros was called to speak and thanked City Council and staff for the great Study Session
regarding Cannabis-related Taxation and Regulation earlier. Ms. Cisneros encouraged Council to think
about making changes to any ordinance by resolution with language that states a range of values, or
upper limit, to allow for flexibility. (01:59:33)
Ralph Bauer, long-time resident, former Mayor of Huntington Beach and Korean War veteran, was called
to speak, stated his condemnation of last night's hate crime in Huntington Beach, and distributed
handwritten copy of his views that included other examples of published hate literature. (02:01:45)
Maureen was called to speak and shared her experience of nearly being in an accident without proper
space to swerve due to the new poles placed on Delaware Street , and shared her opinion the poles are
creating a more dangerous situation for drivers and should be removed. (02:04:42)
Mary Kyle, a 23-year resident of Huntington Beach, was called to speak and reported that as a resident
of the neighborhood that experienced last night's hate crime, she appreciates the actions of neighbors
and police with the support of Council to address the situation. (02:06:53)
Victor Leipzig, a 40-year resident of Huntington Beach and former Councilmember, was called to speak
and stated his support for Mr. Bauer's comments that Antisemitism has no place in Huntington Beach.
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Mr. Leipzig stated his support for Councilmember Items No. 18 regarding updating the Bolsa Chica
Annexation Feasibility Study. He also noted that both Amigos De Bolsa Chica and Sea and Sage
Audubon Society support updating the Feasibility Study, but do not take a position at this time regarding
Annexation. Mr. Leipzig closed by stating comments in a recent email claiming that if annexed,
Huntington Beach could become responsible for dredging, insurance and upkeep responsibilities as
totally false and inaccurate information. (02:07:52)
Dave Sullivan, a 57-year resident of Huntington Beach, former Councilmember and Mayor, was called to
speak and shared his dismay with Mayor Delgleize's editorial in support of Poseidon's Desalination Plant,
a project which neighboring residents in south Huntington Beach oppose. Mr. Sullivan further stated his
opinion that the current City Council is the worst ever to serve Huntington Beach, and his hope that they
do nothing to impede the best Fire and Police Departments in all of Orange County. (02:10:13)
Caller Jeanne Farrens, a resident of Skandia Mobile Home Park, was invited to speak and shared her
personal experience related to what she believes is abusive rent gouging by IPG, and asked that City
Council support placing a mobile home carve out amendment to City Charter Section 803 on the
November 2022 ballot. (02:12:39)
Caller Ruben, a resident of Skandia Mobile Home Park and veteran, was invited to speak and shared his
personal experience related to what he believes is abusive rent increases by IPG, and asked that City
Council support placing a mobile home carve out amendment to City Charter Section 803 on the
November 2022 ballot. (02:14:53)
Caller Paul was invited to speak and shared what he described as ridiculous requirements of the Rental
Assistance program offered by Manufactured Housing Education Trust (MHET), and asked that City
Council support placing a mobile home carve out amendment to City Charter Section 803 on the
November 2022 ballot. (02:16:41)
Caller Michael Barhill, a resident of Skandia Mobile Home Park and veteran, was invited to speak and
asked City Council to help residents living on fixed incomes. (02:18:29)
Caller Allison Plum, a resident in Del Mar Estates Mobile Home Park, was invited to speak and shared
her opinion that the corporate-owned mobile home parks in the City are more run down than the family-
owned parks, and stated her support for Councilmember Items No. 19 regarding hosting a Senior
Resource Fair. Ms. Plum asked that Council vet the vendors and confirm they truly offer benefits for
residents on fixed incomes. (02:19:20)
Caller Dave Reynoso, a resident of Skandia Mobile Home Park, was invited to speak and shared his
opinions related to IPG's ridiculous planned rent increases, and asked that City Council support placing a
mobile home carve out amendment to City Charter Section 803 on the November 2022 ballot. (02:22:27)
Caller Wayne Thornton, a resident of Skandia Mobile Home Park, was invited to speak and shared his
opinions related to IPG's predatory rent increases, and asked that City Council support placing a mobile
home carve out amendment to City Charter Section 803 on the November 2022 ballot. (02:24:10)
COUNCIL COMMITTEE — APPOINTMENTS — LIAISON REPORTS, AB 1234 REPORTING, AND
OPENNESS IN NEGOTIATIONS DISCLOSURES
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Mayor Pro Tem Posey announced the 75th Anniversary of Orange County Mosquito and Vector Control
(OCMVC), and reported that the OCMVC Budget and Finance Committee approved initial funding for the
planned Sterile Insect Treatment (SIT) program, a multi-year project in conjunction with Los Angeles
County Mosquito and Vector Control. Mayor Pro Tem Posey also reported that the Orange County
Power Authority (OCPA) voted to join California Consumer Choice Association (CalCCA), and OCPA's
website (ocpower.org) has all the answers related to user option questions. Mayor Pro Tem Posey also
welcomed Supervisor Andrew Do, who joined the Local Area Formation Commission (LAFCO), now
representing Huntington Beach with the redrawn First District.
Councilmember Kalmick reported a brief conversation with Huntington Beach Police Officers' Association
(HBPOA).
Councilmember Bolton reported attending a meeting of the Southern California Association of
Government (SCAG) Regional Council, on behalf of Mayor Pro Tem Posey, where staff was authorized
to apply for a grant with the State’s Regional Early Action Planning (REAP) program for funding a
sustainable community strategy.
Councilmember Moser reported attending a meeting of the Human Relations Committee; reminded
everyone of the Black History Month Showcase (cinemashowcase.com); first meeting of the
Environmental and Sustainability Board; Downtown Business Improvement District (DTBID) meeting;
Youth Board meeting, and planning for the April 26th Youth in Government Day.
Mayor Delgleize announced that City Hall will re-open to in-person business hours on Wednesday,
February 16, and further discussions were held last week with Skateboard Hall of Fame and organizers
pursuing LA2028 Olympic events in Huntington Beach. Mayor Delgleize also announced that the
Orange County Transportation Authority (OCTA) Teamsters appear to have successfully negotiated their
agreement and averted a bus drivers' strike.
CITY MANAGER’S REPORT — Interim City Manager Sean Joyce updated the Council and community
on SurfCityBreak.com, the online source for information on what is happening in Huntington Beach.
CITY CLERK’S REPORT
9. 22-082 Presentation on the Safe and Sane Fireworks Stand Application and Lottery
Process for 2022
City Clerk Estanislau presented a PowerPoint communication titled Safe and Sane Fireworks Stand
Application and Lottery Process 2022, with slides entitled: 2022 Fireworks Stand Application/Lottery
Process (6), and Questions.
10. 22-126 City Archivist Kathie Schey announced receipt of a third digitization grant award
from California Revealed, an initiative of the California State Library
City Archivist Kathie Schey presented a PowerPoint communication titled California State Library
Initiative Digitization, Preservation and On-Line Access with slides entitled: No Cost to City, Thousands
of $ in Value; and Outreach - Thousands of Viewers Worldwide!!!
Mayor Delgleize expressed her appreciation for the wealth of Huntington Beach historical information Ms.
Schey finds and preserves.
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City Clerk Estanislau stated what a pleasure it is to work with Ms. Schey, and thanked her for her
initiative in applying for, and receiving, grant funds to ensure the City's history is preserved.
Ms. Schey reminded everyone that on February 17, the City of Huntington Beach will be 113 years old.
CONSENT CALENDAR
11. 22-086 Approved and Adopted Minutes
A motion was made by Carr, second Posey to approve and adopt the City Council/Public Financing
Authority regular meeting minutes dated February 1, 2022, as written and on file in the office of the City
Clerk.
The motion carried by the following vote:
AYES: Peterson, Bolton, Posey, Delgleize, Carr, Moser, and Kalmick
NOES: None
12. 21-1018 Reaffirmed adoption of Resolution No. 2021-62 finding a proclaimed state of
emergency continues to impact the ability to meet safely in person, and allows
meetings of the City Council and all City boards, commissions and committees to
be conducted remotely as needed in compliance with new Brown Act provisions
identified in Assembly Bill 361
A motion was made by Carr, second Posey to reaffirm Resolution No. 2021-62, "A Resolution of the City
Council of the City of Huntington Beach, California, finding that the proclaimed state of emergency
continues to impact the ability to meet safely in person."
The motion carried by the following vote:
AYES: Peterson, Bolton, Posey, Delgleize, Carr, Moser, and Kalmick
NOES: None
13. 22-047 Awarded and authorized the execution of a construction contract with Orion
Construction Corporation, in the amount of $3,486,243 for the McFadden Sewer Lift
Station Replacement Project, CC-1610; approved appropriation of funds and
declared Arnaz Engineering Contractors, Inc. as non-responsive
A motion was made by Carr, second Posey to appropriate $1,403,302 from the Sewer Service Fund
(511) to Account 51189016.82600; and, declare the first apparent lowest bid from Arnaz Engineering
Contractors, Inc. as non-responsive; and, accept the second lowest responsive and responsible bid
submitted by Orion Construction Corporation, in the amount of $3,486,243; 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, Bolton, Posey, Delgleize, Carr, Moser, and Kalmick
NOES: None
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14. 22-051 Accepted the lowest responsive and responsible bid, approved appropriation of
funds and authorized execution of a construction contract with RJ Noble Company
in the amount of $2,658,630 for the Zone 5 Overlay Project, CC-1638
A motion was made by Carr, second Posey to accept the lowest responsive and responsible bid
submitted by RJ Noble Company in the amount of $2,658,630; and, appropriate $1,154,500 from the
undesignated Measure M fund balance to account 21390002.82300; 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, Bolton, Posey, Delgleize, Carr, Moser, and Kalmick
NOES: None
15. 22-078 Rejected all bids for the Storm Water Pump Station Facility Improvements Project
CC-1657; updated specifications and rebid the project
A motion was made by Carr, second Posey to reject all bids for the Storm Water Pump Station Facility
Improvements Project CC-1657, update project specifications and the rebid the project.
The motion carried by the following vote:
AYES: Peterson, Bolton, Posey, Delgleize, Carr, Moser, and Kalmick
NOES: None
PUBLIC HEARING
16. 22-087 Conducted a Public Hearing, and Approved for introduction Ordinance No. 4234
approving Zoning Text Amendment (ZTA) No. 21-006 establishing electric vehicle
charging station sign standards
Jennifer Villasenor, Deputy Director of Community Development, introduced Principal Planner Ricky
Ramos who presented a PowerPoint communication titled Zoning Text Amendment 21-006 with slides
entitled: Background, Request, Analysis, Analysis and Recommendation.
Councilmember Carr and Principal Planner Ramos discussed there are no restrictions or guidelines for
Electric Vehicle Charging Station Sign messages, which are expected to be advertisements for products
and services.
Councilmember Kalmick confirmed with Principal Planner Ramos that the Planning Commission did not
make any changes to the staff recommendations.
Deputy Director Villasenor stated that the original review by the Planning Commission was for an
exemption for this type of off-site signage, that the Commission viewed these signs as different from the
typical gas station pump screen, and these recommendations are the result of that review. Service
providers shared their input as no other city has officially addressed the issue.
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Mayor Pro Tem Posey and Principal Planner Ramos discussed the distinctions between gas station
pumps and charging stations related to advertising signage, including length of time spent at the stations
and amount of physical space utilized.
Mayor Delgleize opened the Public Hearing.
City Clerk Robin Estanislau announced there were no public speakers.
Mayor Delgleize closed the public hearing.
Councilmember Kalmick thanked the Planning Commission for their thoughtful response and staff for a
very good ordinance to regulate charging station signs.
A motion was made by Posey, second Kalmick to find that Zoning Text Amendment No. 21-006 is
categorically exempt pursuant to City Council Resolution No. 4501, Class 20, which supplements the
California Environmental Quality Act (CEQA); and, approve Zoning Text Amendment No. 21-006 with
findings (Attachment No. 1) by after the City Clerk reads by title, approve for introduction City Council
Ordinance No. 4234, "An Ordinance of the City of Huntington Beach Amending Chapter 233 of the
Huntington Beach Zoning and Subdivision Ordinance Establishing Electric Vehicle Charging Station Sign
Standards (Zoning Text Amendment No. 21-006)" (Attachment No. 2).
The motion carried by the following vote:
AYES: Peterson, Bolton, Posey, Delgleize, Carr, Moser, and Kalmick
NOES: None
ADMINISTRATIVE ITEMS
17. 22-107 Approved Actions for Year-End Audit Results for the FY 2020/21 Annual
Comprehensive Financial Report (ACFR) and FY 2021/22 Mid-Year Budget
Adjustments
Chief Financial Officer Dahle Bulosan presented a PowerPoint communication titled FY 2020/21 Year-
End Audit Results & FY 2021/22 Mid-Year Budget Update with slides entitled: Overview, FY 2020/21
Audit Results, FY 2020/21 Performance (Audited), FY 2020/21 General Fund (Audited), General Fund
Balance, FY 2021/22 Mid-Year Budget Update, City Budget & Fiscal Position, General Fund Budget FY
2021/22 (2), Financial Outlook, Ongoing Challenges, FY 2021/22 Mid-Year Budget Adjustments, Mid-
Year Budget Adjustment Requests, General Fund Adjustments (4), General Fund Adjustment Summary,
Current Year General Fund Surplus with Mid-Year Adjustments, Other Fund Adjustments (3), Other
Funds Adjustment Summary, Professional Service Contract Amendments, FY 2021/22 Budget
Development Calendar (2), Recommended Actions, and Questions?
Mayor Delgleize and CFO Bulosan discussed potential Section 115 investment plans for other employee
benefit obligations.
Councilmember Carr and CFO Bulosan discussed tracking all costs related to the recent oil spill of
approximately $500,000 – $600,000 with the expectation those costs will be reimbursed. CFO Bulosan
explained that if any of those expenses are not reimbursed, staff would return to Council with a request
for additional appropriations.
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Councilmember Carr and CFO Bulosan discussed the General Liability amount of $11.8M is a bit larger
than usual due to recent large litigation cases.
Councilmember Carr noted the $10.9M surplus and thanked Finance Office staff and the Executive
Team for plans to invest in capital infrastructure and equipment needs. She also expressed her
appreciation for Council's bold decisions to make the City fiscally whole.
Mayor Pro Tem Posey confirmed with CFO Bulosan details related to the General Liability set-asides,
and explained for the benefit of the public, information regarding the legal claims expense of $1.4M.
Mayor Pro Tem Posey stated that details of the $3.5M set-aside for the Kennedy Commission is provided
on page 122 of the Financial Statement Report, paragraph D under Chapter 18.
Mayor Pro Tem Posey confirmed that the mortgage obligation for former City Manager Chi will terminate
in May of 2023, and the termination be shown on the next report.
A motion was made by Kalmick, second Carr to receive and file the FY 2020/21 Annual Comprehensive
Financial Report and other auditor issued reports; and, approve mid-year budget adjustments to the FY
2021/22 Revised Budget in the funds and by the amounts contained in Attachment 3; and, authorize
additional Professional Services authority in the Fiscal Year 2021/22 Revised Budget in the departments
and by the amounts contained in Attachment 4; and, approve and authorize the Mayor and City Clerk to
execute "Amendment No. 2 to Agreement between the City of Huntington Beach and National Council
for Community Development (NDC) for Technical Assistance Services" (Attachment 5); and, approve
and authorize the Mayor and City Clerk to execute "Amendment No. 1 to Agreement between the City of
Huntington Beach and Mind OC for Pilot Mobile Crisis Response Program" (Attachment 6).
The motion carried by the following vote:
AYES: Peterson, Bolton, Posey, Delgleize, Carr, Moser, and Kalmick
NOES: None
COUNCILMEMBER ITEMS
18. 22-132 Approved Item Submitted by Councilmember Kalmick – Updating Bolsa Chica
Annexation Feasibility Study
Councilmember Kalmick explained this item came out of strategic planning, and he asked for Council to
direct staff to update the Bolsa Chica Annexation Feasibility Study.
Mayor Pro Tem Posey stated his support for revisiting the feasibility to determine whether there is new
information or economic benefits so that a decision can be made either for or against annexation.
Mayor Delgleize and Councilmember Kalmick discussed the study would analyze all County islands in
Huntington Beach. Councilmember Kalmick noted that annexation would not change ownership.
A motion was made by Kalmick, second Posey to direct staff to undertake an update of the Bolsa Chica
Annexation Feasibility Study and return to Council with a Study Session upon completion of that update,
at which time the Council can discuss the merit of annexation.
36
Council/PFA Regular Meeting
February 15, 2022
Page 14 of 15
The motion carried by the following vote:
AYES: Bolton, Posey, Delgleize, Carr, Moser, and Kalmick
NOES: Peterson
19. 22-137 Approved Item Submitted by Mayor Delgleize, Councilmembers Carr and Kalmick –
Hosting a Senior Resource Fair in Huntington Beach
Councilmember Carr explained that this proposed Senior Resource Fair would showcase the various
services available to residents living in mobile home parks, as well as low-income seniors. She added
that during this time of COVID-19 there are some rental assistance funds, as well as resources
specifically for veterans that people may not be aware of. Councilmember Carr stated that the plan
involves hosting a Fair on a weekend in March, and further stated that Senator Tom Umber and The
Council on Aging are supportive of the plan, with the expectation of providing resources for immediate
assistance while seeking long-term solutions.
Mayor Delgleize stated her support for this item and shared her hopes that many people will become
aware of resources they may not currently know about.
Councilmember Peterson confirmed with Councilmember Carr the effort would include posting
information on the City's website and creating a booklet or pamphlet detailing the resources for access to
the information after the one-day event.
Councilmember Posey stated his support for a Senior Resource Fair, noting how important it is for
people to evaluate if they are overpaying for services, and to look for opportunities to reduce costs.
Councilmember Kalmick stated his support for this item, and his hope there will be representatives with
County, State and Federal resources.
Councilmember Moser thanked her fellow Councilmembers for presenting this opportunity, and her
support for Councilmember Peterson's recommendation to ensure information remains available past the
one-day Senior Resource Fair. Councilmember Moser suggested also utilizing HB Channel 3 to inform
residents of the resources.
A motion was made by Carr, second Posey to direct staff to work with the Senior Center and community
partners to plan and implement a one-day senior resource fair, focused on mobile home park residents
and low-income seniors in the community.
The motion carried by the following vote:
AYES: Peterson, Bolton, Posey, Delgleize, Carr, Moser, and Kalmick
NOES: None
COUNCILMEMBER COMMENTS (Not Agendized)
Councilmember Moser reported attending the Rogers Seniors’ Center Memorial and Groundbreaking for
the new park; announced that her daughter is performing in the Marina High School Spring Musical
Matilda; expressed her condolences and love to the family and friends of Jami Marseilles, an incredible
and inspiring person who was instrumental in contributing funds for a Mobi mat in Huntington Beach; and
37
Council/PFA Regular Meeting
February 15, 2022
Page 15 of 15
voiced her condemnation of the hate flyers which were distributed in Huntington Beach and appreciation
for the partnership between the Huntington Beach Police Department, Orange County Human Relations
Council, and Huntington Beach Human Relations Committee response.
Mayor Pro Tem Posey reported speaking at the Robert Mayer Leadership Academy about City Council
and how it functions; and complimented Councilmembers who voted for the pension obligation bonds
and pledging the cash flow difference to the Trust 115 account.
Councilmember Carr reported attending the plaque dedication for Rockin' Fig at Tower Zero and
appreciation to the Huntington Beach Interfaith Council for making it possible; announced that
September 17th will be Rockin' Fig Day in coordination with Surf City Days; thanked Mayor Delgleize for
the statement condemning the hate crime earlier in the day, and read a statement by Eric Ward,
Executive Director, Western States Center, regarding hate incidents.
Councilmember Kalmick stated his support for the comments made by fellow Councilmembers regarding
the distribution of hate flyers within Huntington Beach; and clarified Mayor Pro Tem Posey's comments
regarding the pension obligation bonds to ensure not only him, but also Councilmember Carr receives
recognition for her contributions.
Mayor Delgleize reported that over 75% of the 405 Freeway project has been completed, and presenting
awards to ten winners at the Saturday, February 12th Chili Cook-off.
ADJOURNMENT — at 8:51 PM in memory of Robert Ming, founding board member of the Association of
California Cities — Orange County (ACC-OC) to the next regularly scheduled meeting of the Huntington
Beach City Council/Public Financing Authority on Tuesday, March 1, 2022, 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
38
City of Huntington Beach
2000 Main Street,
Huntington Beach, CA
92648
File #:22-015 MEETING DATE:3/1/2022
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Robin Estanislau, CMC, City Clerk
PREPARED BY:Robin Estanislau, CMC, City Clerk
Subject:
Receive and file the City Clerk’s quarterly listing of professional services contracts filed in the
City Clerk’s Office between July 1, 2021 and December 31, 2021
Statement of Issue:
On a quarterly basis, the City Clerk provides a list of professional services contracts that are entered
into by City Departments and consultant firms, pursuant to the Huntington Beach Municipal Code.
These contracts have been transmitted to the City Clerk for official filing for the public record, and
funds are included in the City budget.
Financial Impact:
Not applicable
Recommended Action:
A) Receive and file the “List of Professional Services Contracts Approved by Department Heads and
Submitted to the Office of the City Clerk during the period of July 1, 2021 and September 30, 2021;” and,
B) Receive and file the “List of Professional Services Contracts Approved by Department Heads and
Submitted to the Office of the City Clerk during the period of October 1, 2021 and December 31, 2021.”
Alternative Action(s):
Do not proceed, and provide alternative direction to staff
Analysis:
On November 19, 2001, the City Council established a policy to follow the administration of all contracts
entered into between City Departments and consultant firms, pursuant to Huntington Beach Municipal
Code Chapter 3.03. Administrative Regulation No. 228, effective as of August 4, 2008, prescribes the
policy regarding professional service contracts to ensure public review of new contracts through
identification on the City Council agenda, as required by section 6.4.1 of the policy.
City of Huntington Beach Printed on 2/24/2022Page 1 of 2
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File #:22-015 MEETING DATE:3/1/2022
Attachment #1 is a list of contracts entered into by City Departments and received in the City Clerk’s
Office for the third quarter of 2021. Attachment #2 is a list of contracts entered into by City
Departments and received in the City Clerk’s Office for the fourth quarter of 2021
Environmental Status:
Not applicable
Strategic Plan Goal:
Non Applicable - Administrative Item
Attachment(s):
1. “List of Professional Services Contracts Approved by Department Heads and Submitted to the
Office of the City Clerk During the Period July 1, 2021 through September 30, 2021.”
2. “List of Professional Services Contracts Approved by Department Heads and Submitted to the
Office of the City Clerk During the Period October 1, 2021 through December 31, 2021.”
City of Huntington Beach Printed on 2/24/2022Page 2 of 2
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Page 1 of 3
*This list includes all contracts received which are public records
List of Professional Services Contracts Approved by Department Heads and Submitted to the Office of the City Clerk
during the period of July 1, 2021 and September 30, 2021
AGREEMENT
DATE
DEPARTMENT NAME OF CONTRACTOR AMOUNT PURPOSE EXPIRATION
06/01/2021 Police Executive Event Services, LLC Term of the
Agreement
extended for one
(1) year
Amendment #1 to 3/31/2018
contract for Citywide Unarmed
Security Guard Services
04/01/2022
07/01/2021 Finance KNN Public Finance, LLC NTE $30,000 Financial Advisory Services 07/01/2024
07/01/2021 Community
Development
GRC Associates, Inc. NTE
$97,200/NTE
$32,400 per year
Administration of the Housing
Rehabilitation Loan Program
07/01/2024
07/01/2021 Fire Citygate Associates, LLC NTE $49,418 Standards of Cover Study,
Community Risk Assessment,
and Facility Assessment
07/01/2024
07/01/2021 City Manager Principle Strategic Advisors NTE $30,000 Strategic Consulting and Project
Management Services
07/01/2024
07/01/2021
City Manager Townsend Public Affairs NTE $30,000 State Legislative Advocacy
Services
07/01 2024
07/01/2021 City Manager Idea Hall, Inc. NTE $30,000 Healing Center Communications 07/01/2024
07/08/2021 Police Truth Be Told Polygraph, LLC Adding additional
compensation of
$20,000 for a total
contract NTE
$48,000
Amendment #1 to 07/18/2019
contract for Polygraph
Examination Services
07/18/2022
07/12/2021 Public Works Studioneleven NTE $26,000 Landscape Architecture/Urban
Design Services
07/12/2024
07/15/2021 City Manager Marketworks Video Adding additional
compensation of
$36,000 for a total
contract nte
$96,000; Term of
the Agreement
extended for one
(1) year;
Amendment #1 to 10/01/2019
contract for On-Call Video
Production Services
09/30/2022
41
Page 2 of 3
*This list includes all contracts received which are public records
07/22/2021
City Manager Creator Up, Inc, Term of the
Agreement
extended for one
(1) year
Amendment #1 to 07/23/2019
contract for On-Call Video
Production Services
07/22/2022
07/23/2021 City Manager Marketworks Video Adding additional
compensation of
$50,000 for a total
contract nte
$85,000; Term of
the Agreement
extended for one
(1) year
Amendment #2 to 07/23/2019
contract for On-Call Video
Production Services
07/22/2022
07/27/2021 City Treasurer BFSG, LLC
Adding additional
compensation of
$3,000 for a total
contract nte
$33,000
Amendment #1 to 07/30/2019
contract for Deferred
Compensation Plan Investment
Advisory Services
07/30/2022
08/02/2021 Public Works Totum Consulting Adding additional
compensation of
$5,000 for a total
contract nte
$34,900
Amendment #1 to 06/21/2021
contract for As Needed
Construction Project
Management for the City of
Huntington Beach Edison Park
Skate Spot Project
06/21/2024
08/02/2021 Finance MGT of America Consulting, LLC NTE $18,585 SB 90 Mandated
Reimbursement Claims Services
08/02/2024
08/04/2021 Police Norman A. Traub & Associates
LLC
Adding additional
compensation of
$50,000 for a total
contract nte
$81,000
Amendment #1 to 11/14/2020
contract for Background
Services
11/14/2023
08/04/2021 Public Works The Broadband Group NTE $28,740 Broadband Strategic Guidance
& High-Level Scenario Analysis
08/04/2024
08/04/2021 Administrative
Services
Angela J. Reddock dba Reddock
Law
NTE $25,000 Workplace Investigative
Services
08/04/2024
08/04/2021 Administrative
Services
Woodruff, Spradlin & Smart NTE $15,000 Workplace Investigative
Services
08/04/2024
42
Page 3 of 3
*This list includes all contracts received which are public records
08/12/2021 City Manager Mercy House Living Shelters Additional work
to be performed;
Additional
compensation of
$1,600,000 for a
total contract nte
$4,200,000
Amendment #1 to 10/19/2020
contract for Management of a
Temporary Shelter
10/19/2023
08/20/2021 Finance Davis Farr, LLP Term of the
Agreement
extended for one
(1) year
Amendment #1 to 08/20/2018
for Transient Occupancy Tax,
Utility User Tax, and Lease
Concession Audit Services
08/20/2022
08/24/2021 Police GNB Consulting, LLC NTE $30,000 Redaction Services/Video
Editing/Video Production
08/24/2024
09/01/2021 Public Works Project Partners Adding additional
compensation of
$29,500 for a total
contract nte
$79,500
Amendment #2 to 09/24/2020
contract for Interim SCADA
Coordinator Support Services
09/24/2023
09/15/2021 Fire Evans & Walker Adding additional
compensation of
$8,500 for a total
contract nte
$29,000
Amendment #3 to 12/13/2019
contract for Petroleum
Engineering Consulting Services
12/13/2022
09/22/2021 Community
Development
Sagecrest Planning and
Environmental
NTE $83,600 Preparation of a Mitigated
Negative Declaration for Olson
Townhomes
9/22/2024
09/28/2021
Public Works
Totum Consulting
Adding additional
compensation of
$7,000 for a total
contract nte
$106,500
Amendment #2 to 08/31/2020 to
contract for As Needed
Construction Project
Management for the COHB
Edison Community Center
Improvements
08/31/2023
43
Page 1 of 2
*This list includes all contracts received which are public records
List of Professional Services Contracts Approved by Department Heads and Submitted to the Office of the City Clerk during
the period of October 1, 2021 and December 31, 2021
AGREEMENT
DATE
DEPARTMENT NAME OF CONTRACTOR AMOUNT PURPOSE EXPIRATION
10/01/2021 Community
Development
National Council for Community
Development (NDC)
Adding
Additional
Compensation
of $24,900 for
a total contract
NTE $99,900
Amendment #1 to 09/01/2020
contract for Technical
Assistance Services
09/01/2023
10/06/2021 Public Works IDC Consulting Engineers, Inc. Adding
Additional
Compensation
of $1,695 for a
total contract
NTE $19,660
Amendment #1 to 06/07/2021
contract for Professional
Engineering Services
06/07/2024
10/06/2021 Public Works HF&H Consultants, LLC NTE $75,000 Negotiation Services for SB1383
Compliance
10/06/2024
10/07/2021 Public Works LaBelle-Marvin NTE $25,000 As Needed Pavement
Consulting Services
10/07/2024
01/01/2021
(Received on
10/07/21)
Police Interval House NTE $24,541 Victim Assistance Services 12/31/2023
10/18/2021 Public Works Lee & Ro NTE $10,000 Engineering Design Services for
the Kiner-Gleada Water Main
Improvement Project
10/18/2024
11/01/2021 City Manager City Net NTE $26,500 Huntington Beach Homeless
Census
11/01/2024
11/01/2021 Administrative
Services
Reilly Workplace Investigations NTE $30,000 Workplace Investigations 12/31/2022
11/01/2021 Finance Clearsource Financial Consulting NTE $58,740 For Cost Allocation Plan and
User Fee Study
11/01/2024
11/01/2021 City Manager Good PR Group NTE $30,000 City’s Public Outreach/Public
Relations Program
11/01/2024
44
Page 2 of 2
*This list includes all contracts received which are public records
11/01/2021 Administrative
Services
Mitchell International, Inc. NTE $48,000 Pharmacy Benefit Management 11/01/2024
11/02/2021 Fire AP Triton Consulting, LLC Term of the
Agreement
extended for
three (3) years
Amendment #1 to 12/11/2020
contract for The Provision of
Cost Report Processing
Services for GEMT
Reimbursement
12/10/2024
11/06/2021 Community
Development
RSG, Inc. Term of the
Agreement
extended for
one (1) year
Amendment #1 to 11/05/2018
contract for Affordable Housing
Compliance Monitoring of the
HOME Investment Partnership
Program
11/05/2022
12/01/2021 City Manager LPA, Inc. NTE $30,000 Programming Study and
Concept Blocking Plan
06/30/2023
12/01/2021 City Manager Raphael J. Sonenshein, Ph.D NTE $50,000 City Charter Revision Consultant
Services
12/01/2024
12/01/2021 City Manager Pat West, LLC NTE $15,000 Amendment #1 to 12/28/2020
contract for Development and To
Facilitate Strategic Planning
Sessions
12/28/2023
12/08/2021 Fire Ardurra Group, Inc. NTE $18,500 Consulting Services for the
Huntington Beach Harbor
Review
12/08/2024
12/08/2021 Police Winbourne Consulting, LLC Term of the
Agreement
extended for
one (1) year
Amendment #2 to 01/11/2019
contract for Consulting Services
for CAD Mobile Law RMS
Replacement Services
01/10/2023
12/11/2021 City Manager Cielo NTE $30,000 Developing a Plan to Increase
Number of Licensed Day Care
Providers in Huntington Beach
12/11/2024
45
City of Huntington Beach
2000 Main Street,
Huntington Beach, CA
92648
File #:22-152 MEETING DATE:3/1/2022
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Sean Joyce, Interim City Manager
PREPARED BY:Travis K. Hopkins, Assistant City Manager
Subject:
Adopt Resolution No. 2022-06 permitting the City Manager to execute all documents related to the
Permanent Local Housing Allocation Program (PLHA)
Statement of Issue:
On May 4, 2020, the City adopted Resolution No. 2020-29 to accept PLHA entitlement funds from the State
and to authorize the former City Manager to execute all program documents. Due to the former City
Manager’s departure, staff recommends adopting a new Resolution that authorizes the City Manager position,
and not a specific individual, to execute program documents moving forward. This provides the City with
greater flexibility in the event the City Manager position transfers from one person to another.
Financial Impact:None
Recommended Action:
Adopt Resolution No. 2022-06, “A Resolution of the City Council of the City of Huntington Beach Authorizing
the Application and Adopting the PLHA Plan for Permanent Local Housing Allocation Program” authorizing the
City Manager position or his/her designee to execute all documents related to the PLHA program.
Alternative Action(s):
Do not approved the recommended action and direct staff accordingly.
Analysis:
Since 2020, the City has annually received a subset of SB 2 funds known as PLHA entitlement funds. The
State’s Department of Housing and Community Development (HCD) distributes these funds to entitlement
cities such as Huntington Beach and may be used toward housing-related projects to address the City’s unmet
housing needs. Per HCD guidelines, the City has budgeted these restricted funds over the next 5 years
towards PLHA eligible expenses including the Be Well program (specifically for services to the homeless
population) and the Navigation Center for the homeless.
On May 4, 2020, the City adopted Resolution No. 2020-29 to accept these funds and authorize former City
Manager Oliver Chi to execute all program documents. Due to his departure, the proposed Resolution No.
2022-06 will rescind Resolution No. 2020-29 and authorize the City Manager role (not a specific person) to
execute PLHA documents in order to continue moving the program forward.
Environmental Status:Not applicable
City of Huntington Beach Printed on 2/24/2022Page 1 of 2
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File #:22-152 MEETING DATE:3/1/2022
Strategic Plan Goal:Homelessness Response
Attachment(s):
1. Resolution No. 2020-29
2. Resolution No. 2022-06
City of Huntington Beach Printed on 2/24/2022Page 2 of 2
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Final Filing Date: April 27, 2020 through July 27, 2020 at 5 P.M. PST
Permanent Local Housing Allocation
(PLHA) Formula Allocation
2020 Application
State of California
Governor, Gavin Newsom
Lourdes Castro Ramirez, Secretary
Business, Consumer Services and Housing Agency
Douglas R. McCauley, Acting Director
Department of Housing and Community Development
Program Design and Implementation, PLHA Program
2020 West El Camino Avenue, Suite 150, Sacramento, CA 95833
PLHA Program Email: PLHA@hcd.ca.gov
55
"Red" shaded cells indicate the Sponsor has failed to meet a requirement of the program. Point cells in the Scoring worksheet shaded in "red" indicate that the Sponsor has failed
to meet the minimum points required.
Instructions Rev. 2/26/20
When opening this file, a yellow banner at the top may appear with a button that says "Enable Content". It is essential that you click this box so that the macros
are enabled. Enabling macros is necessary for full worksheet functionality. Macros do not work with Microsoft's Excel version for Apple Mac.
HCD will only accept applications through a postal carrier service such as U.S. Postal Service, UPS, FedEx or other carrier services that provide date stamp verification
confirming delivery to HCD’s office. A complete original application and an electronic copy on a USB flash drive with all applicable information must be received by HCD via posta
carrier no later than 5:00 p.m. on:
Monday, July 27, 2020
Applications must be on the Department’s forms and cannot be altered or modified by the Applicant. Excel forms must be in Excel format and unprotected, not a .pdf document.
For application errors please fill out the Application Support worksheet and email the entire workbook to Application Support for application errors at AppSupport@hcd.ca.gov.
General Instructions (Additional instructions and guidance are given throughout the Supplemental Application in "red" text and in cell comments.
Guideline references are made with "§" and the corresponding guideline section number.
"Yellow" cells are for Sponsor input. Failure to provide the required attachments and documentation may disqualify your application from consideration or may negatively impact
your point score.
Required attachments are indicated in "orange" throughout the Supplemental Application. Failure to provide the required attachments and documentation may disqualify your
application from consideration or may negatively impact your point score. Electronically attached files must use the naming convention in the Supplemental Application. For
Example: "App1 Payee Data" for Sponsor 1 Payee Data Record/STD. 204.
Threshold items are indicated in "blue" cells.
Sponsor must complete the following worksheets in the PLHA Formula Allocation Application.
Formula Allocation Application
X App1 Signature Block Signature Block - upload in Microsoft Word Document
302(c)(4) Plan
Legislative Contacts
Checklist
App1 Resolution PLHA webpage for Resolution Document
Disclosure of Application (California Public Records Act Statutes of 1968 Chapter 1473): Information provided in the application will become a public record available for
review by the public, pursuant to the California Public Records Act Statutes of 1968 Chapter 1473. As such, any materials provided will be disclosable to any person making a
request under this Act. The Department cautions Applicants to use discretion in providing information not specifically requested, including but not limited to, bank accounts,
personal phone numbers and home addresses. By providing this information to the Department, the Applicant is waiving any claim of confidentiality and consents to the
disclosure of submitted material upon request."
Binder
Tab #
Threshold
Requirement Electronic File Name Document Description Included?
1X
2
3XApp1 TIN Taxpayer Identification Number Document
§302(c)(4)(D) Evidence that the Plan was authorized and adopted by resolution by the
Local jurisdiction and that the public had an adequate opportunity to review and comment
on its content.
Plan Adoption 5
Legally binding agreement between Delegating and Administering Local Governments 4 X Applicant Agreement
56
Local Government Formula Allocation Rev. 2/26/20
Yes
§302(c)(4) Does the application include a Plan in accordance with §302(c)(4)?
CA Zip: 92648 Orange
§300(d) Is Applicant delegated by another Local government to administer on its behalf its formula allocation of program funds?
N/A
File Name:PLHA webpage for Resolution Document Attached and on USB?
State:
Attached and on USB? N/A
§302(c)(3) Applicant certifies that, if the Local Government proposes allocation of funds for any activity to another entity, the Local government’s selection process had
no conflicts of interest and was accesible to the public.
§302(c)(2) Applicant certifies that submission of the application was authorized by the governing board of the Applicant.
Eligible Activities, §301
§302(a) Housing Element compliance: Applicant or Delegating Local Government's Housing Element was adopted by the Local Government’s governing body by the
application deadline and subsequently determined to be in substantial compliance with state Housing Element Law pursuant to Government Code Section 65585.
Yes
Yes
§302(c)(5) Applicant certifies that the Plan submitted is for a term of five years. Local Governments agree to inform the Department of changes made to the Plan in
each succeeding year of the term of the Plan.Yes
§302(c)(6) Applicant certifies that it will ensure compliance with §302(c)(6) if funds are used for the acquisition, construction, or rehabilitation of for-sale housing projects
or units within for-sale housing projects.
Taxpayer Identification Number Document Attached and on USB?
Instructions: If the Local Government Recipient of the PLHA Formula Allocation delegated its PLHA formula allocation to a Local Housing Trust Fund or to another Local
Government, the Applicant (for which information is required below) is the Local Housing Trust Fund or administering Local Government. The PLHA award will be made to the
Applicant (upon meeting threshold requirements) and the Applicant is responsible for meeting all program requirements throughout the term of the Standard Agreement.
The 302(c)(4) Plan template worksheet requires first choosing one or more of the Eligible Activities listed below. If "Yes" is clicked, the 302(c)(4) Plan worksheet opens a series
of questions about what precise activities are planned. Some specific activities, such as providing downpayment assistance to lower-income households for acquisition of an
affordable home, could be included under either Activity 2 or 9. Please only choose one of those Activities; don't list the downpayment assistance under both Activities.
If the PLHA funds are used for the same Activity but for different Area Median Income (AMI) level, select the same Activity twice (or more times) and the different AMI level the
Activity will serve. Please enter the percentage of funds allocated to the Activity in only the first Activity listing to avoid double counting the funding allocation.
Eligible Applicants §300
§300(a) Eligible Applicants for the entitlement formula component described in Section §100(b)(1) are limited to the metropolitan cities and urban counties allocated a grant for
the federal fiscal year 2017 pursuant to the federal CDBG formula specified in 42 USC, Section §5306.
Applicant: City of Huntington Beach
Address:
County:
File Name:
§302(c)(4)(D) Applicant certifies that the Plan was authorized and adopted by resolution by the Local Government and that the public had an adequate opportunity to
review and comment on its content
Threshold Requirements, §302
Applicant Agreement Legally binding agreement between Delegating and Administering Local
Governments
§301(a)(10) Fiscal incentives made by a county to a city within the county to incentivize approval of one or more affordable housing Projects, or matching funds
invested by a county in an affordable housing development Project in a city within the county, provided that the city has made an equal or greater investment in the
Project. The county fiscal incentives shall be in the form of a grant or low-interest loan to an affordable housing Project. Matching funds investments by both the
county and the city also shall be a grant or low-interest deferred loan to the affordable housing Project.
§301(a)(9) Homeownership opportunities, including, but not limited to, down payment assistance.
§301(a)(8) Efforts to acquire and rehabilitate foreclosed or vacant homes and apartments.
§301(a)(7) Accessibility modifications in Lower-income Owner-occupied housing.
§301(a)(6) Assisting persons who are experiencing or At-risk of homelessness, including, but not limited to, providing rapid re-housing, rental assistance,
supportive/case management services that allow people to obtain and retain housing, operating and capital costs for navigation centers and emergency shelters,
and the new construction, rehabilitation, and preservation of permanent and transitional housing.
§301(a)(5) Capitalized Reserves for services connected to the preservation and creation of new permanent supportive housing.
§301(a)(4) Matching portions of funds available through the Low- and Moderate-Income Housing Asset Fund pursuant to subdivision (d) of HSC Section 34176.
§301(a)(3) Matching portions of funds placed into Local or Regional Housing Trust Funds.
§301(a)(2) The predevelopment, development, acquisition, rehabilitation, and preservation of affordable rental and ownership housing, including Accessory
Dwelling Units (ADUs), that meets the needs of a growing workforce earning up to 120 percent of AMI, or 150 percent of AMI in high-cost areas. ADUs shall be
available for occupancy for a term of no less than 30 days.
Yes
§301(a)(1) The predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live-work, rental housing that is affordable to
Extremely low-,Very low-, Low-, or Moderate-income households, including necessary operating subsidies.
Included?§301(a) Eligible activities are limited to the following:
Eligible Applicant Type: Entitlement
Local Government Recipient of PLHA Formula Allocation: Huntington Beach
2000 Main St
City: Huntington Beach
§302(b) Applicant or Delegating Local Government has submitted the current or prior year's Annual Progress Report to the Department of Housing and Community
Development pursuant to Governemnt Code Section 65400. Yes
File Name:
Approximate PLHA Formula Allocation Amount:$27,424Allowable Local Admin (5%):$548,495
No
App1 TIN
App1 Signature Block
App1 Resolution
§300(d) If Applicant answered "Yes" above, has the Applicant attached the legally binding agreement required by §300 (c) and (d)?
Signature Block - upload in Microsoft Word Document Attached and on USB?
File Name:
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
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City Zip
YesApplicant agrees to adhere to §501, Audits/Monitoring of PLHA Files.
YesApplicant agrees to adhere to §500, Accounting Records.
§302(c)(8) Has Applicant attached a program income reuse plan describing how repaid loans will be reused for eligible activities specified in Section 301?
Administration
Yes
Entity Address 2000 Main Street Huntington Beach State CA 92648
On behalf of the entity identified below, I certify that: The information, statements and attachments included in this application are, to the best of my knowledge and belief, true
and correct and I possess the legal authority to submit this application on behalf of the entity identified in the signature block.
5/4/20
Signature Date
Entity name:City of Huntington Beach Phone Number: (714) 536-5579
City Manager
Certifications
Oliver Chi
TitleAuthorized Representative Printed Name
Applicant agrees to adhere to §503, Reporting.Yes
Applicant agrees to adhere to §502, Cancellation/Termination.
§302(c)(7) Applicant certifies that it will ensure that the PLHA assistance is in the form of a low-interest, deferred loan to the Sponsor of the Project, if funds are used for
the development of an Affordable Rental Housing Development. The loan shall be evidenced through a Promissory Note secured by a Deed of Trust.Yes
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§301(a)(6) Assisting persons who are experiencing or At risk of homelessness, including, but not limited to, providing rapid rehousing, rental assistance, supportive/case
management services that allow people to obtain and retain housing, operating and capital costs for navigation centers and emergency shelters, and the new construction,
rehabilitation, and preservation of permanent and transitional housing.
§302(c)(4)(C) Provide a description of how the Plan is consistent with the programs set forth in the Local Government’s Housing Element.
The Plan is consistent with the City's Housing Element framework, including Goal 5 to promote equal housing opportunities for all residents, such as Huntington Beach's special
needs populations. The Plan also works to further Policy 5.5 to continue supporting a continuum of programs such as a navigation center, homeless supportive services, transitional
housing, permanent affordable housing and homeless prevention services. The navigation center described in this Plan will address all aspects of this Goal. It will present a central
site for the City to continue providing its homeless supportive services that will not only address an individual's immediate needs (i.e. food, shelter, health) but also directs him/her to
more permanent forms of housing. The City also continues to fund various other homeless services (i.e. Huntington Beach Youth Emergency Shelter; transitional housing for
families; and tenant-based rental assistance (TBRA) and its Homeless Task Force which - in combination with the navigation center - tie in together to more cohesively support the
homeless population.
§301(a)(1) The predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live-work, rental housing that is affordable to extremely low-,very
low-, low-, or moderate-income households, including necessary Operating subsidies.
§302(c)(4) Plan Rev. 2/26/20
§302(c)(4)(A) Describe the manner in which allocated funds will be used for eligible activities.
Using its adopted Housing Element as a framework, the City of Huntington Beach will use the allocated PLHA funds to help finance operational expenses for a homeless navigation
center, starting with 50 beds in Year 1 and ramping up to approximately 174 by Year 5. The funds will support the most at-risk populations in the County by offering much needed
shelter that will provide stability, services, and hopefully a path to housing in the future. The navigation center will be constructed in FY 2019-2020 and will begin operations same
year. As a result the City requests a drawdown of PLHA funds as soon as possible.
Earlier this year, the City underwent an RFQ process to identify an experienced shelter operator that can provide quality shelter management. Two operators submitted their
qualifications and, following an extensive review and a panel interview, the City selected Mercy House. Currently, both parties are negotiating an agreement for navigation center
operations, which PLHA funds will help support.
§302(c)(4)(B) Provide a description of the way the Local government will prioritize investments that increase the supply of housing for households with incomes at or below 60
percent of Area Median Income (AMI).
Huntington Beach - through the use of Census data and HUD criteria - has designated eight geographic areas as lower income (<80%). These areas are known as Enhancement
Areas, where the City's annual CDBG and HOME fund allocations are spent. The primary goals for the use of these funds include CHDO developments, housing rehabilitation and
other programs/services that will increase the affordable housing stock for households at or below 60% AMI. Additionally, the City continues to seek additional funding sources,
programs, and partnerships with private and nonprofit organizations for additional investments in the City's affordable housing stock. For example, the City has recently entered into
a partnership with the County of Orange, who will fund construction of the navigation center and its operations during the COVID-19 pandemic. Afterwards, the City will take over
ownership and use PLHA funds to continue operations to serve the most at-risk and lowest income individuals in our City. As the navigation center begins to reduce homeless rates
in the City, the long term goal for the site is to convert it from a navigation center and into a permanent supportive housing development that will certainly help increase the affordable
housing stock and advance our RHNA goals for individuals at or below 30% AMI.
Activities Detail (Activities Detail (Must Make a Selection on Formula Allocation Application worksheet under Eligible Activities, §301))
§301(a)(2) The predevelopment, development, acquisition, rehabilitation, and preservation of Affordable rental and ownership housing, including Accessory Dwelling Units (ADUs),
that meets the needs of a growing workforce earning up to 120 percent of AMI, or 150 percent of AMI in high-cost areas. ADUs shall be available for occupancy for a term of no less
than 30 days.
§301(a)(3) Matching portions of funds placed into Local or Regional Housing Trust Funds.
Section 301(a)(6) - 100% of the allocated funds will be used towards partially funding the operations of a navigation center.
Complete the table below for each proposed Activity to be funded with 2019-2023 PLHA allocations. If a single Activity will be assisting households at more than one level of Area
Median Income, please list the Activity as many times as needed to capture all of the AMI levels that will be assisted, but only show the percentage of annual funding allocated to the
Activity one time (to avoid double counting).
§302(c)(4)(E)(i) Percentage of
Funds Allocated for the
Proposed Activity
100% 100% 100% 100% 100%
Funding Allocation Year 2019 2020 2021 2022 2023
Navigation CentersNavigation CentersNavigation Centers§301(a)(4) Matching portions of funds available through the Low- and Moderate-Income Housing Asset Fund pursuant to subdivision (d) of HSC Section 34176.
§301(a)(5) Capitalized Reserves for Services connected to the preservation and creation of new permanent supportive housing.
§302(c)(4)(E)(i) Provide a description of how allocated funds will be used for the proposed Activity.
Type of Activity for Persons
Experiencing or At Risk of
Homelessness Navigation CentersNavigation Centers59
§301(a)(7) Accessibility modifications in Lower-income Owner-occupied housing.
TOTAL§302(c)(4)(E)(ii) Area Median
Income Level Served 30% 30%
Major steps/actions by City Council included the adoption of the 5th Cycle Housing Element in February 2020, which was approved by the HCD in March 2020. On April 20, 2020,
the City Council also took steps to (1) adopt this Plan and (2) approve the partnership agreement with Orange County to construct the navigation center. Construction has since
begun and is expected to be completed in mid to late May. The goal is to begin operating the navigation center by no later than June 2020.
§302(c)(4)(E)(ii) Unmet share
of the RHNA at AMI Level 30 30 30 30 28 148
30% 30% 30%
174
§302(c)(4)(E)(iv) Period of
Affordability for the Proposed
Activity (55 years required for
rental housing projects)
N/A N/A N/A N/A N/A
§302(c)(4)(E)(ii) Projected
Number of Households Served 50 30 30 30 34
§302(c)(4)(E)(iii) A description of major steps/actions and a proposed schedule for the implementation and completion of the Activity.
§301(a)(8) Efforts to acquire and rehabilitate foreclosed or vacant homes and apartments.
§301(a)(9) Homeownership opportunities, including, but not limited to, down payment assistance.
§301(a)(10) Fiscal incentives made by a county to a city within the county to incentivize approval of one or more affordable housing Projects, or matching funds invested by a county
in an affordable housing development Project in a city within the county, provided that the city has made an equal or greater investment in the Project. The county fiscal incentives
shall be in the form of a grant or low-interest loan to an affordable housing Project. Matching funds investments by both the county and the city also shall be a grant or low-interest
deferred loan to the affordable housing Project.
File Name: Plan Adoption
§302(c)(4)(D) Evidence that the Plan was authorized and adopted by resolution by the
Local jurisdiction and that the public had an adequate opportunity to review and
comment on its content.
Attached and on USB?
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Activity Location 12 (if different from applicant location)
District # First Name Last Name
State Senate Member
U.S. House of Representatives
Activity Location 11 (if different from applicant location)
District # First Name Last Name
State Assembly Member
State Senate Member
U.S. House of Representatives
Activity Location 10 (if different from applicant location)
District # First Name Last Name
State Assembly Member
State Senate Member
U.S. House of Representatives
Activity Location 9 (if different from applicant location)
District # First Name Last Name
State Assembly Member
State Senate Member
U.S. House of Representatives
Activity Location 8 (if different from applicant location)
District # First Name Last Name
State Assembly Member
State Senate Member
U.S. House of Representatives
Activity Location 7 (if different from applicant location)
District # First Name Last Name
State Assembly Member
State Senate Member
U.S. House of Representatives
Activity Location 6 (if different from applicant location)
District # First Name Last Name
State Assembly Member
State Senate Member
U.S. House of Representatives
Activity Location 5 (if different from applicant location)
District # First Name Last Name
State Assembly Member
State Senate Member
U.S. House of Representatives
Activity Location 4 (if different from applicant location)
District # First Name Last Name
State Assembly Member
State Senate Member
U.S. House of Representatives
Activity Location 3 (if different from applicant location)
District # First Name Last Name
State Assembly Member
State Senate Member
U.S. House of Representatives
Activity Location 2 (if different from applicant location)
District # First Name Last Name
State Assembly Member
State Senate Member 34th Thomas J. Umberg
U.S. House of Representatives 48th Harley Rouda
Activity Location 1 (if different from applicant location)
District #First Name Last Name
State Assembly Member 72nd Tyler Diep
Rev. 2/26/20Legislative and Congressional Information
U.S. House of Representatives 48th Harley Rouda
District #First Name Last Name
State Assembly Member 72nd Tyler Diep
Provide the Legislative and Congressional information for the applicant and each activity location, (if different than applicant location), included in this application.
To locate or verify the Legislative and Congressional information, click on the respective links below and enter the applicant office location zip code, the activity
location site zip code(s) (i.e. zip code(s) where activities are performed), and any additional activity location site(s), as applicable.
Applicant Office Location
State Senate Member 37th John M.W.Moorlach
California State Assembly California State Senate U.S. House of Representatives
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District #First Name Last Name
State Assembly Member
State Assembly Member
State Senate Member
U.S. House of Representatives
U.S. House of Representatives
State Senate Member
U.S. House of Representatives
U.S. House of Representatives
Activity Location 25 (if different from applicant location)
District # First Name Last Name
State Assembly Member
State Senate Member
State Senate Member
Activity Location 22 (if different from applicant location)
District # First Name Last Name
U.S. House of Representatives
Activity Location 24 (if different from applicant location)
Activity Location 23 (if different from applicant location)
District # First Name Last Name
State Assembly Member
District # First Name Last Name
State Assembly Member
State Senate Member
State Senate Member
U.S. House of Representatives
Activity Location 21 (if different from applicant location)
Activity Location 20 (if different from applicant location)
District # First Name Last Name
State Assembly Member
State Assembly Member
State Senate Member
U.S. House of Representatives
U.S. House of Representatives
Activity Location 18 (if different from applicant location)
District # First Name Last Name
District # First Name Last Name
State Assembly Member
State Senate Member
State Senate Member
U.S. House of Representatives
Activity Location 17 (if different from applicant location)
Activity Location 16 (if different from applicant location)
District # First Name Last Name
State Assembly Member
State Senate Member
U.S. House of Representatives
Activity Location 15 (if different from applicant location)
District # First Name Last Name
State Assembly Member
State Senate Member
U.S. House of Representatives
Activity Location 14 (if different from applicant location)
District # First Name Last Name
State Assembly Member
State Senate Member
U.S. House of Representatives
Activity Location 13 (if different from applicant location)
District # First Name Last Name
State Assembly Member
State Senate Member
U.S. House of Representatives
State Assembly Member
62
City of Huntington Beach
2000 Main Street,
Huntington Beach, CA
92648
File #:21-853 MEETING DATE:3/1/2022
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Sean Joyce, Interim City Manager
PREPARED BY:Sean Crumby, Director of Public Works
Subject:
Approve and execute a Site License Agreement between New Cingular Wireless (AT&T) and
the City of Huntington Beach for a wireless communication facility located at Fire Station 6 -
Edwards
Statement of Issue:
The City Council is asked to consider approval of a Site License Agreement with New Cingular
Wireless (AT&T) for the wireless facility (mono pole) located at of Fire Station 6 (Edwards Fire
Station).
Financial Impact:
Increase in General Fund revenue in the amount of $3,500 per month, with 3% rent escalations per
annum, with an additional one-time payment of $45,000, for a total license value of $1,576,289.10.
Recommended Action:
Approve and authorize the Mayor and City Clerk to execute the “Site License Agreement For
Installation and Use of a Communications Antenna Facility and Supporting Equipment Between the
City of Huntington Beach and New Cingular Wireless PCS, LLC” for the telecommunications facility
at Fire Station 6 - Edwards based on the terms and conditions as presented herein.
Alternative Action(s):
Do not approve and advise City staff on how to proceed.
Analysis:
As a result of increasing consumer demand for wireless communications, New Cingular Wireless
(AT&T) is actively working to expand their telecommunications network within the City of Huntington
Beach.
In 1999, Fire Station 6 - Edwards was designed and constructed at 18591 Edwards Street. New
Cingular Wireless (AT&T) has requested permission to construct a new wireless telecommunications
facility and install associated equipment on City property at Fire Station 6 - Edwards. The design of
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File #:21-853 MEETING DATE:3/1/2022
AT&T’s antenna meets the current city standards for new wireless facilities.
Staff has prepared a site license agreement with New Cingular Wireless. The initial term of the
license shall be for ten (10) years commencing on the earlier of (i) the first day of the month following
written notice to the City by the Licensee of its intent to commence installation, or (ii) the first day of
the month following ninety (90) days after execution. The license will automatically renew for four (4)
additional five (5) year terms (renewal terms) which will be held to the same terms and conditions set
forth in the Site License Agreement. The renewal of this agreement allows for either side to not renew
with one hundred eighty (180) days written notice.
The Site License Agreement stipulates that AT&T shall pay the City a onetime Administrative Fee in
the amount of forty-five thousand dollars ($45,000), in addition to a monthly license fee of three
thousand five hundred dollars ($3,500) for the first year of operations. The City and AT&T have
agreed that the license fee shall increase by three percent (3%) per year, effective the first day of the
month following the anniversary of the commencement date. As a result, the agreement will provide
a total of more than $1.5 million for the City’s General Fund over the life of the agreement.
AT&T has agreed that it will not interfere with the City's own communications network, and if it does,
the City has the ability to turn off power to the antenna. AT&T has agreed to the terms and conditions
contained in the attached site license agreement.
Environmental Status:
Not applicable
Strategic Plan Goal:
Infrastructure & Parks
Attachment(s):
1. Site License Agreement For Installation and Use of a Communications Antenna Facility and
Supporting Equipment Between the City of Huntington Beach and New Cingular Wireless
PCS, LLC
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City of Huntington Beach
2000 Main Street,
Huntington Beach, CA
92648
File #:22-110 MEETING DATE:3/1/2022
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Sean Joyce, Interim City Manager
PREPARED BY:Sean Crumby, Director of Public Works
Subject:
Accept the lowest responsive and responsible bid and authorize execution of a construction
contract with Palp, Inc. dba Excel Paving Company (Excel Paving) in the amount of $291,600
for the Flow Line Half Round Inlet Drainage Structures Project, CC-1676
Statement of Issue:
On December 17, 2021, bids were electronically opened for the Flow Line Half Round Drainage Inlet
Structures. City Council action is requested to award the construction contract to Excel Paving, the
most responsive and responsible bidder.
Financial Impact:
Total construction cost for the project, including contingency, is $351,600. A total of $250,000 is
available in Drainage Fund account 21188007.82500. The balance of $101,600 is available in
Infrastructure Fund account 31440001.82500.
Recommended Action:
A) Accept the most responsive and responsible bid submitted by Excel Paving in the amount of
$291,600; and,
B) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the
City Attorney.
Alternative Action(s):
Reject all bids, or provide staff with alternative action.
Analysis:
The Half Round Drainage Inlet Structures Project will improve water quality runoff by capturing trash
and minimizing the amount of debris that collects at these existing half-round structures that
eventually discharges into the ocean. These existing half-round shaped drainage structures will
consist of new metal grates and supporting concrete and asphalt. There are 384 locations throughout
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File #:22-110 MEETING DATE:3/1/2022
the City with fewer than 50 being completed to date. This project will address 54 structures.
Bids were electronically opened on January 27, 2022, with the following results:
BIDDER'S NAME BID AMOUNT
Kormex Construction $270,000 (Bid Withdrawn)
Excel Paving $291,600
Williamson
Development
$340,200
Gentry General
Engineering
$479,952
CS Legacy $574,560
Loghmani &
Associates
$695,912
TE Roberts $1,000,404
Beador Construction $1,890,000
Staff recommends awarding a contract to Excel Paving in the amount of $291,600. Excel Paving has
recently provided acceptable work in the City of Huntington Beach by constructing the
Edwards/Varsity Water Main Replacement project. The total project cost is estimated to be
$351,600, which includes the construction contract, project management ($30,000), and construction
contingency ($30,000).
Public Works Commission Action:
The Public Works Commission reviewed and approved CC-1676 on February 16, 2022.
Environmental Status:
The project is categorically exempt pursuant to Class 1, section 15031d of the California
Environmental Quality Act.
Strategic Plan Goal:
Infrastructure & Parks
Attachment(s):
1. Location Map
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APPENDIX E – LOCATION MAP AND PHOTO EXHIBITS OF EACH LOCATION
Attachment #1
HALF ROUND STRUCTURE LOCATION
1676
118
APPENDIX E – LOCATION MAP AND PHOTO EXHIBITS OF EACH LOCATION
1676
119
APPENDIX E – LOCATION MAP AND PHOTO EXHIBITS OF EACH LOCATION
1676
120
City of Huntington Beach
2000 Main Street,
Huntington Beach, CA
92648
File #:22-151 MEETING DATE:3/1/2022
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Sean Joyce, Interim City Manager
PREPARED BY:Dahle Bulosan, Chief Financial Officer
Subject:
Finance Commission Request to Discuss and Review the City’s Master Fee and Charges
Schedule
Statement of Issue:
On January 26, 2022, the Finance Commission voted to request that the City Council direct the
Finance Department to review the Master Fees and Charges Schedule, and that the results be
reviewed by Finance Commission prior to any City Council decision on the matter.
Financial Impact:
None.
Recommended Action:
Direct staff to review the Master Fees and Charges Schedule and review the results with Finance
Commission for input and recommendations prior to City Council consideration.
Alternative Action(s):
Do not approve the recommended action(s) and direct staff accordingly.
Analysis:
Local government operations are primarily funded from taxes, user fees and charges, fines, and
grants. The City of Huntington Beach charges fees for providing various services and programs to
residents, businesses operating in the City, and visitors. These fees include providing cultural and
recreational activities, issuing business licenses and permits, activating residential water and sewer
accounts, and many other services. In some cases, fees are charged at full-cost recovery for
providing services. In other cases, fee recovery is less than 100 percent, which can be due either to
market conditions, government mandated caps or the recognized benefit of subsidizing certain
programs to the community.
Many of the City’s fees and charges have not been updated since the City completed the last
comprehensive fee study in FY 2016/17. Industry best practice is to review fees every three to five
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File #:22-151 MEETING DATE:3/1/2022
years to allow for up to full cost recovery. Citywide user fees and charges generate approximately
$20 million in revenue across all funds. An opportunity exists to recover additional costs of services
by updating the City Master Fee and Charges Schedule. On January 26, 2022, the Finance
Commission voted to request that the City Council direct the Finance Department to review the
Master Fees and Charges Schedule, and that the results be reviewed by the Finance Commission
prior to any City Council decision on the matter.
Environmental Status:
Not applicable.
Strategic Plan Goal:
Non Applicable - Administrative Item
Attachment(s):
None
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City of Huntington Beach
2000 Main Street,
Huntington Beach, CA
92648
File #:22-149 MEETING DATE:3/1/2022
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Sean Joyce, Interim City Manager
PREPARED BY: Travis K. Hopkins, Assistant City Manager
Subject:
Approve and authorize execution of a Professional Services Contract with Townsend Public
Affairs (TPA), Inc. for Legislative Advocacy and Grant Management Services
Statement of Issue:
The City completed a Request for Qualifications (RFQ) process to retain a legislative advocacy and grant
management services consultant. Based on the RFQ assessment, staff requests authorization to execute a
Professional Services Agreement with Townsend Public Affairs (“TPA”) to advocate for the City’s priorities and
policies on the federal, state and local levels and to identify and apply for grant funding to finance city
programs and initiatives. The term of the agreement is three years with the option to renew for a fourth.
Financial Impact:
The Professional Services Agreement with TPA will require a monthly fee of $7,500 for the aforementioned
services. The agreement is capped at $90,000 per year, and sufficient funds are budgeted in 10030101.69365 .
Recommended Action:
Approve and authorize the Mayor and City Clerk to execute a “Professional Services Contract
Between the City of Huntington Beach and Townsend Public Affairs, Inc. for On-Call Legislative
Advocacy and Grant Management Services.”
Alternative Action(s):
Do not approve the recommended action and direct staff accordingly.
Analysis:
Staff recommends awarding a Professional Services Agreement to TPA for legislative advocacy and grant
management services. TPA would primarily work with staff and the Intergovernmental Relations Committee
(IRC) to present state and federal legislation that impact Huntington Beach, advocate for the City’s priorities
and projects on all legislative levels as directed, and apply for grant funds to finance major initiatives.
Since March 2014, TPA has continuously provided these services to the IRC and staff. In anticipation of their
most recent contract expiring earlier this year, the City issued an RFQ for legislative advocacy and grant
management services, as required by the City’s contracting policies. Through this RFQ, staff and the IRC
received proposals from four different firms. Following their evaluation, TPA was identified as the highest-
ranking firm due to their extensive knowledge of Orange County issues and track record of working hand-in-
hand with local, state and federal legislators to further Huntington Beach objectives. As such, staff
recommends awarding the professional services agreement for legislative advocacy and grant management
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recommends awarding the professional services agreement for legislative advocacy and grant management
services to TPA.
TPA’s proposed scope of work includes a renewed focus on identifying funding opportunities to support the
City’s initiatives including, but is not limited to, homeless and mental health services and investments in capital
improvements. TPA will also be responsible for presenting a monthly agenda to the Intergovernmental
Relations Committee (IRC) that includes an ongoing assessment of local, state and federal legislation that
unfolds throughout the year. TPA’s findings will be reflective of the City’s current and future priorities and
include timely recommendations to make progress on those priorities. TPA will draft letters, position
statements, and legislative language as needed and will also maintain strong relationships with stakeholders
and elected leaders to facilitate collaboration.
Environmental Status:
Not applicable.
Strategic Plan Goal:
Non Applicable - Administrative Item
Attachment(s):
1. Professional Services Agreement with Townsend Public Affairs
2.RFQ for Legislative Advocacy and Grant Management Services
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REQUEST FOR QUALIFICATIONS
(RFQual)
FOR
LEGISLATIVE ADVOCACY AND
GRANT MANAGEMENT SERVICES
RFQual RESPONSE DUE DATE
Friday, September 24, 2021 @ 4:00 p.m.
139
Legislative Advocacy Services RFQual
Submittal Deadline Friday, September 24, 2021 by
4:00 p.m.
CITY OF HUNTINGTON BEACH
LEGISLATIVE ADVOCACY AND
GRANT MANAGEMENT SERVICES
REQUEST FOR QUALIFICATIONS
BACKGROUND INFORMATION
Background
The City of Huntington Beach is widely known as Surf City, U.S.A. with 8.5 miles of beach and a popular
surf culture that draws 4 million visitors annually. Beyond the beach, the City offers residents a picturesque
community with ideal weather, a robust and diversified economy, a wide variety of housing, and an
excellent education system. Huntington Beach is located along the Southern California coast in Orange
County, 35 miles south of Los Angeles and 90 miles north of San Diego. Named for railroad magnate Henry
Huntington who orchestrated its development, the City is now an epicenter of restaurants, entertainment,
and outdoor activities well-known throughout the region.
Purpose
The City seeks a qualified and dynamic team (“Consultant”) to provide legislative advocacy and grant
management services at the regional, state and federal levels. The Consultant would perform these services
under the direction of the City Manager’s Office and in direct support of the City Council’s policies and
priorities. This Request for Qualifications (“RFQual”) invites all interested and qualified Consultants to
submit a proposal that describes their ability to provide the aforementioned services, in accordance with
the legislative, policy, and funding needs of the City of Huntington Beach.
Interested Consultants should prepare and submit a comprehensive proposal as detailed in this RFQual.
After review, the City will establish a short list of the most qualified Consultants to be contacted for further
evaluation including interviews and reference checks.
140
Legislative Advocacy Services RFQual
Submittal Deadline Friday, September 24, 2021 by
4:00 p.m.
CITY OF HUNTINGTON BEACH
LEGISLATIVE ADVOCACY AND
GRANT MANAGEMENT SERVICES
REQUEST FOR QUALIFICATIONS
SCOPE OF WORK OVERVIEW
The City of Huntington Beach seeks qualifications from well-qualified firms to provide legislative advocacy
and grant management services, in support of the City Council’s policies and priorities. To build an effective
partnership with the selected firm, this RFQual assesses each firm’s qualifications and approach to the
proposed scope of work below. Then, after reviewing the responses received, the City will identify the
best consultant to serve our needs moving ahead.
The following includes a general scope of the work to be pursued by the selected consultant:
1. Coordinate the City’s efforts to proactively assess regional, state and federal legislative options or
issues that unfold throughout the year; help guide the City’s policy objectives by raising, discussing,
and recommending any action that may benefit the City and support its programs and priorities.
2. Prepare and present a monthly agenda for the City’s Intergovernmental Relations Committee that
includes all current legislation and issues that may impact the City. Each agenda item should
include a comprehensive written report that details the pros and cons of each legislation or policy; its
origins, current status and timeline to potential adoption; and its impacts to the City of Huntington
Beach.
3. Act quickly on the City’s behalf to rapidly changing developments that may impact the City’s policy
and legislative matters.
4. Maintain strong and effective working relationships with stakeholders and elected leaders that
represent the City on the regional, state and federal levels. Facilitate open communication and
collaboration to help the City achieve its policy and program goals or address issues of interest.
5. Draft letters, position statements, legislative language, and talking points on legislation as
requested by staff.
6. Identify potential grant funding opportunities for City services, projects, and programs. Provide
grant writing services and follow up with granting agencies to facilitate a successful application,
when requested by staff. Assist with the execution of grant documents.
After assessing the responses received, the City plans to enter into an agreement with the selected
consultant(s). The City may enter into agreements with several consultants, based on City needs and the
qualifications of the responding firms. Additional contract details will be developed with the identified
contractors), based on the provisions of the response submitted by each responding firm.
141
Legislative Advocacy Services RFQual
Submittal Deadline Friday, September 24, 2021 by
4:00 p.m.
CITY OF HUNTINGTON BEACH
LEGISLATIVE ADVOCACY AND
GRANT MANAGEMENT SERVICES
REQUEST FOR QUALIFICATIONS
CONTENT OF RESPONSES
Responses submitted to the City should include the following components:
1. Cover Letter
a. A cover letter signed by the individual authorized to represent / negotiate on behalf of
the responding firm.
2. Firm Qualifications
a. An overview of qualifications for the firm, which should include the type of organization,
size, professional registration, and affiliations of the company.
b. Resumes and backgrounds of the principal staff who will be working directly and regularly
on this initiative with the City as well as their roles. Clearly identify the project lead who
will be responsible for the day-to-day management of the contract.
c. Provide a minimum of five (5) references of current or former clients and representative
projects undertaken in the last three years demonstrating experience relevant to this
request and that are related to government advocacy (cities preferred). Provide the
contact person’s name, title, address, phone number, and email address. Provide a list of
current clients.
d. Describe the Consultant’s established strategic relationships with stakeholders, if any,
that the Consultant would partner with to achieve outcomes that support the City’s
legislative and policy positions.
e. Explain what you would do in a situation where two or more of your clients have
conflicting views and/or positions on a matter in which you’ve been asked to advocate on
behalf of the City.
f. Describe your process for identifying grants and to complete a grant application.
g. Provide any suggested modifications to the Scope of Work listed above.
3. Understanding of and Proposed Approach to the RFQual Scope of Work:
a. Describe the recommended approach to the City’s legislative advocacy needs, as outlined
on Pages 3 of this RFQual (Scope of Work).
4. Estimated Costs
a. Provide a rate proposal based on a monthly fee schedule.
142
Legislative Advocacy Services RFQual
Submittal Deadline Friday, September 24, 2021 by
4:00 p.m.
CITY OF HUNTINGTON BEACH
LEGISLATIVE ADVOCACY AND
GRANT MANAGEMENT SERVICES
REQUEST FOR QUALIFICATIONS
SUBMITTAL GUIDELINES
The deadline for receiving responses is no later than 4:00 p.m. on Friday, September 24, 2021. Without
exception, responses will not be accepted after this deadline.
Respondents are required to submit the following:
Complete written proposals must be submitted electronically in PDF file format via the PlanetBids.com
website no later than 4:00 p.m. (P.S.T) on Friday, September 24, 2021. Proposals will not be accepted
after this deadline. Faxed or e-mailed proposals will not be accepted.
Questions about this RFP must be directed in writing through the PlanetBids Q&A tab no later than 5:00 p.m.
PST) on September 14, 2021 for response.
It is important to note that the City reserves the right to reject any and all responses. The City will not be
liable for, nor pay for any costs incurred by responding firms relating to the preparation of the response. An
explicit provision of this RFQual is that any oral communication is not binding on the City’s RFQual response
process or selection criteria.
143
Legislative Advocacy Services RFQual
Submittal Deadline Friday, September 24, 2021 by
4:00 p.m.
CITY OF HUNTINGTON BEACH
LEGISLATIVE ADVOCACY AND
GRANT MANAGEMENT SERVICES
REQUEST FOR QUALIFICATIONS
SELECTION OF FIRM
RFQual Assessment Process
The City will coordinate a review and evaluation of all responses received by the City in response to this
RFQual. As part of the assessment process, the City will place particular emphasis on the qualifications
/ experience of the individuals assigned to the project; directly relevant qualifications / experience of the
firm; the ability for the firm to undertake the management of the RFQual scope of work; and each firm’s
understanding and proposed approach to the project. The following specific criteria will be used in the
evaluation process:
1. Qualifications and experience of the individuals assigned to the contract
2. Qualifications and experience of the responding firm
3. Experience and track record conducting similar work for similar cities.
4. Understanding and approach to the proposed scope of work in Huntington Beach
5. Proposed Fees
Overall Assessment / Selection Process
After assessing all of the responses received, the most qualified respondents will be invited to participate
in an interview with City staff. Following that interview process, the City will identify a selected specialist(s)
to partner with on this project. The selected specialist(s) will be asked to enter into a Professional
Service Contract with the City. The anticipated timeline for these next steps is as follows:
RFQual Submittal Deadline: September 24, 2021 no later than 4:00 p.m.
Interviews w/ Selected Firms: A mutually agreed upon time between City &
identified firms week of October 18, 2021
Selection of Firm(s): November 2021
The City may also contact and review the bidder’s references; contact any bidder to clarify any response;
contact any current users of a bidder’s services; solicit information from any available source concerning any
aspect of a Proposal; and seek and review any other information deemed pertinent to the review process.
The review board shall not be obligated to accept the lowest-priced Proposal(s), but shall make an award in
the best interests of the City. The City will only open the fee proposal if the firm is one of the finalists.
144
Legislative Advocacy Services RFQual
Submittal Deadline Friday, September 24, 2021 by
4:00 p.m.
CITY OF HUNTINGTON BEACH
LEGISLATIVE ADVOCACY AND
GRANT MANAGEMENT SERVICES
REQUEST FOR QUALIFICATIONS
After written Proposals have been reviewed, discussions with prospective firms may or may not be required.
If scheduled, the oral interview will be a question/answer format for the purpose of clarifying the intent of
any portions of the Proposals. The individual from your firm that will be directly responsible for carrying out
the contract, if awarded, should be present at the oral interview.
A Notification of Intent to Award may be sent to the vendor selected. Award is contingent upon the successful
negotiation of final contract terms. Negotiations shall be confidential and not subject to disclosure to
competing vendors unless an agreement is reached. If contract negotiations cannot be concluded
successfully, the City may negotiate a contract with the next highest scoring vendor or withdraw the RFQual.
TERMS AND CONDITIONS
The following terms and conditions apply to this RFQual:
1. All responses shall become the property of the City.
2. Due care and diligence has been exercised in the preparation of this RFQual and all information
contained herein is believed to be substantially correct. However, the responsibility for
determining the full extent of the services rests solely with those making responses. Neither the
City nor its representatives shall be responsible for any error or omission in this response, nor for
the failure on the part of the respondents to determine the full extent of their exposures.
3. The City reserves the right to select firms from the responses received; to waive any or all
informalities and / or irregularities; to re-advertise with either an identical or revised scope, or to
cancel any requirement in its entirety; or to reject any or all responses received.
4. A response to this RFQual does not constitute a formal bid, therefore, the City retains the right
to contact any / all proposing firms after submittal in order to obtain supplemental information
and/or clarification in either oral or written form. Furthermore, an explicit provision of this RFQual
is that any oral communication made is not binding on the City’s response process.
5. The City will not be liable for, nor pay for any costs incurred by responding firms relating to the
preparation of any response for this RFQual.
Please carefully review the Sample Agreement and Insurance Requirements before responding to
the Request for Qualifications enclosed herein. The terms of the agreement, including insurance
requirements have been mandated by City Council, and can be modified only if extraordinary
circumstances exist. Your response to the Request for Qualifications must indicate if you are
unwilling or unable to execute the agreement as drafted as well as providing the insurance
requirements. The City will consider this in determining responsiveness to the Request for
Qualifications.
145
REQUEST FOR PROPOSAL
VENDOR APPLICATION FORM
TYPE OF APPLICANT: NEW CURRENT VENDOR
Legal Contractual Name of Corporation:
Contact Person for Agreement:
Corporate Mailing Address:
City, State and Zip Code:
E-Mail Address:
Phone: Fax:
Contact Person for Proposals:
Title: E-Mail Address:
Business Telephone: Business Fax:
Is your business: (check one)
NON PROFIT CORPORATION FOR PROFIT CORPORATION
Is your business: (check one)
CORPORATION LIMITED LIABILITY PARTNERSHIP
INDIVIDUAL SOLE PROPRIETORSHIP
PARTNERSHIP UNINCORPORATED ASSOCIATION
1 of 2 146
Names & Titles of Corporate Board Members
(Also list Names & Titles of persons with written authorization/resolution to sign contracts)
Names Title Phone
Federal Tax Identification Number:
City of Huntington Beach Business License Number:
(If none, you must obtain a Huntington Beach Business License upon award of contract.)
City of Huntington Beach Business License Expiration Date:
2 of 2
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HB Insurance Matrix_revised 4-7-16 (2).xlsx 1 of 4
CITY OF HUNTINGTON BEACH INSURANCE REQUIREMENTS
Vendor Type
Minimum Insurance Requirements
Automobile
Liability
General Liability
Professional
Liability
Property
Insurance
Workers' Comp
Additional
Insured
Endorsements
Huntington Beach City Council Resolution No. 2008-63 requires submittal of certificates of insurance evidencing the following minimum limits with a California
admitted carrier with a current A.M. Best’s Rating of no less than A:VII. See Exhibits A1 - 4 for sample forms.
Email: Justin.Wessels@surfcity-hb.org or Heather.Campbell@surfcity-hb.org Phone: 714-374-5378 or 714-536-5210. Fax: 714-536-5212.
Any deductible other than those allowed in this matrix, self-insured retentions or similar forms of coverage limitations or modifications must be approved by the Risk
Manager and City Attorney of the City of Huntington Beach. NOTE: Waivers and / or modifications are discouraged and will be considered only under extraordinary
circumstances.
Contractors: Any persons or entities who
contract with the City and/or provide services to
the City which are readily available and
efficiently procured by competitive bidding.
Minimum of
$1,000,000 per
occurrence for
bodily injury,
personal injury
and property
damages. Allows
up to $1,000
deductible.(See
Note 1 below.)
Combined single limit
bodily injury and
property damage.
Minimum of
$1,000,000 per
occurrence. Allows
up to $5,000
deductible.
(Additional Insured
Endorsement is always
required with General
Liability Ins.)
As required by
the State of
California, with
Statutory Limits
and Employer’s
Liability
Insurance with
a limit of no
less than
$1,000,000 per
accident for
bodily injury or
disease. (See
Note 2 below.)
Include the
policy number
and Additional
Insured
Endorsement
Requirement
statement
below. (See Note
3 below.)
Permittees: Any persons or entities who make
application to the City for any use of or
encroachment upon any public street, waterway,
pier, or City property.
Vendors: Any persons or entities who transfers
property or goods to the City which may or may
not involve delivery and/or installation.
Note 1 - Automobile Liability: The City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers must be named as
certificate holder and as additional insured by separate attached endorsement. Permittees who do not use vehicles or equipment in connection with the permit
shall not be required to provide auto insurance. To be exempt from this requirement, permittees must execute a declaration such as Exhibit 1 attached.
Note 2 - Workers' Compensation Exemption: If entity has no employees, a signed Declaration of Non-Employee Status form is required.
Note 3 - Additional Insured Endorsement Requirements: The City, its officers, elected or appointed officials, employees, agents, and volunteers are to be
covered as additional insureds by separate attached endorsement(s) as respects liability arising out of action performed by or on behalf of the contractor,
products and completed operations of the contractor, premises owned, occupied or used by the contractor, or automobiles owned, leased or borrowed by the
contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City.
148
HB Insurance Matrix_revised 4-7-16 (2).xlsx 2 of 4
CITY OF HUNTINGTON BEACH INSURANCE REQUIREMENTS
Vendor Type
Minimum Insurance Requirements
Automobile
Liability
General Liability
Professional
Liability
Property
Insurance
Workers' Comp
Additional
Insured
Endorsements
Huntington Beach City Council Resolution No. 2008-63 requires submittal of certificates of insurance evidencing the following minimum limits with a California
admitted carrier with a current A.M. Best’s Rating of no less than A:VII. See Exhibits A1 - 4 for sample forms.
Email: Justin.Wessels@surfcity-hb.org or Heather.Campbell@surfcity-hb.org Phone: 714-374-5378 or 714-536-5210. Fax: 714-536-5212.
Any deductible other than those allowed in this matrix, self-insured retentions or similar forms of coverage limitations or modifications must be approved by the Risk
Manager and City Attorney of the City of Huntington Beach. NOTE: Waivers and / or modifications are discouraged and will be considered only under extraordinary
circumstances.
Design Professionals: Professional service
contractors who contract with the City and/or
provide architectural and/or engineering services
to the City.
Minimum of
$1,000,000 per
occurrence and
in the
aggregate.
Allows up to
$10,000
deductible.
Professional Services: Services that involve
the exercise of professional discretion and
independent judgment based on an advanced or
specialized knowledge, expertise or training
gained by formal studies or experience or
services which are not readily or efficiently
procured by competitive bidding pursuant to HB
Muni Code 3.02. Services includes but are not
limited to those services provided by appraisers,
architects, attorneys, engineers, instructors,
insurance advisors, physicians and other
specialized consultants.
Claims made policies are acceptable if the policy further provides that:
1) The policy retroactive date coincides with or precedes the professional services contractor’s start of work (including subsequent policies purchased as
renewals or replacements).
2) The professional services contractor will make every effort to maintain similar insurance during the required extended period of coverage following project
completion, including the requirement of adding all additional insureds.
3) If insurance is terminated for any reason, professional services contractor agrees to purchase an extended reporting provision of at least two (2) years to
report claims arising from work performed in connection with this agreement or permit.
4) The reporting of circumstances or incidents that might give rise to future claims.
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HB Insurance Matrix_revised 4-7-16 (2).xlsx 3 of 4
CITY OF HUNTINGTON BEACH INSURANCE REQUIREMENTS
Vendor Type
Minimum Insurance Requirements
Automobile
Liability
General Liability
Professional
Liability
Property
Insurance
Workers' Comp
Additional
Insured
Endorsements
Huntington Beach City Council Resolution No. 2008-63 requires submittal of certificates of insurance evidencing the following minimum limits with a California
admitted carrier with a current A.M. Best’s Rating of no less than A:VII. See Exhibits A1 - 4 for sample forms.
Email: Justin.Wessels@surfcity-hb.org or Heather.Campbell@surfcity-hb.org Phone: 714-374-5378 or 714-536-5210. Fax: 714-536-5212.
Any deductible other than those allowed in this matrix, self-insured retentions or similar forms of coverage limitations or modifications must be approved by the Risk
Manager and City Attorney of the City of Huntington Beach. NOTE: Waivers and / or modifications are discouraged and will be considered only under extraordinary
circumstances.
Licensees/Lessees: Any persons or entities
who contract with the City for the use of public
property.
Combined single limit
bodily injury and
property damage.
Minimum of
$1,000,000 per
occurrence. Allows
up to $5,000
deductible.
(Additional Insurance
Endorsement is always
required with General
Liability Ins.)
Full
replacement
cost with no
coinsurance
penalty
provision.
As required by
the State of
California, with
Statutory Limits
and Employer’s
Liability
Insurance with
a limit of no
less than
$1,000,000 per
accident for
bodily injury or
disease. (See
Note 1 below.)
Include the
policy number
and Additional
Insured
Endorsement
Requirement
statement
below.(See Note
2.)
Note 1 - Workers' Compensation Exemption: If entity has no employees, a signed Declaration of Non-Employee Status form is required.
Note 2 - Additional Insured Endorsement Requirements: The City, its officers, elected or appointed officials, employees, agents, and volunteers are to be
covered as additional insureds by separate attached endorsement(s) as respects liability arising out of action performed by or on behalf of the contractor,
products and completed operations of the contractor, premises owned, occupied or used by the contractor, or automobiles owned, leased or borrowed by the
contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City.
150
HB Insurance Matrix_revised 4-7-16 (2).xlsx 4 of 4
CITY OF HUNTINGTON BEACH INSURANCE REQUIREMENTS
Huntington Beach City Council Resolution No. 2008-63 requires submittal of certificates of insurance evidencing the
following minimum limits with a California admitted carrier with a current A.M. Best’s Rating of no less than A:VII.
Any deductible other than those allowed in this matrix, self-insured retentions or similar forms of coverage limitations or
modifications must be approved by the Risk Manager and City Attorney of the City of Huntington Beach. NOTE: Waivers
and / or modifications are discouraged and will be considered only under extraordinary circumstances.
Vendor Type Minimum Insurance Requirements
Professional Liability
Design Professionals: Professional service contractors who
contract with the City and/or provide architectural and/or
engineering services to the City.
Minimum of $1,000,000 per occurrence and in
the aggregate. Allows up to $10,000 deductible.
Professional Services: Services that involve the exercise of
professional discretion and independent judgment based on an
advanced or specialized knowledge, expertise or training gained by
formal studies or experience or services which are not readily or
efficiently procured by competitive bidding pursuant to HB Muni
Code 3.02. Services includes but is not limited to those services
provided by appraisers, architects, attorneys, engineers, instructors,
insurance advisors, physicians and other specialized consultants.
Claims made policies are acceptable if the policy further provides that:
1) The policy retroactive date coincides with or precedes the professional services contractor’s start of work
(including subsequent policies purchased as renewals or replacements).
2) The professional services contractor will make every effort to maintain similar insurance during the required
extended period of coverage following project completion, including the requirement of adding all additional
insureds.
3) If insurance is terminated for any reason, professional services contractor agrees to purchase an extended reporting
provision of at least two (2) years to report claims arising from work performed in connection with this agreement or
permit.
4) The reporting of circumstances or incidents that might give rise to future claims.
151
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
FOR
Table of Contents
1 Scope of Services .................................................................................................... 1
2 City Staff Assistance ............................................................................................... 2
3 Term; Time of Performance .....................................................................................2
4 Compensation ...........................................................................................................2
5 Extra Work .............................................................................................................. 2
6 Method of Payment .................................................................................................. 3
7 Disposition of Plans, Estimates and Other Documents ............................................3
8 Hold Harmless ..........................................................................................................3
9 Professional Liability Insurance......................................................................…….4
10 Certificate of Insurance ............................................................................................5
11 Independent Contractor ........................................................................................... 6
12 Termination of Agreement .......................................................................................6
13 Assignment and Delegation ......................................................................................6
14 Copyrights/Patents ...................................................................................................7
15 City Employees and Officials ..................................................................................7
16 Notices……………………………………………………………………………..7
17 Consent ................................................................................................................... 8
18 Modification ............................................................................................................ 8
19 Section Headings .................................................................................................... 8
20 Interpretation of this Agreement ............................................................................. 8
21 Duplicate Original ................................................................................................... 9
22 Immigration. ............................................................................................................. 9
23 Legal Services Subcontracting Prohibited ................................................................9
24 Attorney's Fees ......................................................................................................... 10
25 Survival .......................................................................................................................... 10
26 Governing Law .........................................................................................................10
27 Signatories................................................................................................................ 10
28 Entirety ..................................................................................................................... 10
29 Effective Date………………………………………………………………………11
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PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
FOR
THIS AGREEMENT ("Agreement") is made and entered into by and between the
City of Huntington Beach, a municipal corporation of the State of California, hereinafter
referred to as "CITY, and , a
hereinafter referred to as "CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to
; and
Pursuant to documentation on file in the office of the City Clerk, the provisions of
the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of
professional service contracts have been complied with; and
CONSULTANT has been selected to perform these services,
NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows:
1. SCOPE OF SERVICES
CONSULTANT shall provide all services as described in Exhibit "A,"
which is attached hereto and incorporated into this Agreement by this reference. These
services shall sometimes hereinafter be referred to as the "PROJECT."
CONSULTANT hereby designates who shall
represent it and be its sole contact and agent in all consultations with CITY during the
performance of this Agreement.
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2. CITY STAFF ASSISTANCE
CITY shall assign a staff coordinator to work directly with CONSULTANT
in the performance of this Agreement.
3. TERM; TIME OF PERFORMANCE
Time is of the essence of this Agreement. The services of CONSULTANT
are to commence on , 20 (the "Commencement Date"). This
Agreement shall automatically terminate three (3) years from the Commencement Date,
unless extended or sooner terminated as provided herein. All tasks specified in Exhibit
"A" shall be completed no later than from the Commencement
Date. The time for performance of the tasks identified in Exhibit "A" are generally to be
shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if
mutually agreed to in writing by CITY and CONSULTANT.
In the event the Commencement Date precedes the Effective Date,
CONSULTANT shall be bound by all terms and conditions as provided herein.
4. COMPENSATION
In consideration of the performance of the services described herein, CITY
agrees to pay CONSULTANT on a time and materials basis at the rates specified in
Exhibit "B," which is attached hereto and incorporated by reference into this Agreement,
a fee, including all costs and expenses, not to exceed
Dollars ($ ).
5. EXTRA WORK
In the event CITY requires additional services not included in Exhibit "A"
or changes in the scope of services described in Exhibit "A," CONSULTANT will
undertake such work only after receiving written authorization from CITY. Additional
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compensation for such extra work shall be allowed only if the prior written approval of
CITY is obtained.
6. METHOD OF PAYMENT
CONSULTANT shall be paid pursuant to the terms of Exhibit "B."
7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS
CONSULTANT agrees that title to all materials prepared hereunder,
including, without limitation, all original drawings, designs, reports, both field and office
notices, calculations, computer code, language, data or programs, maps, memoranda, letters
and other documents, shall belong to CITY, and CONSULTANT shall turn these materials
over to CITY upon expiration or termination of this Agreement or upon PROJECT
completion, whichever shall occur first. These materials may be used by CITY as it sees fit.
8. HOLD HARMLESS
CONSULTANT hereby agrees to protect, defend, indemnify and hold
harmless CITY, its officers, elected or appointed officials, employees, agents and
volunteers from and against any and all claims, damages, losses, expenses, judgments,
demands and defense costs (including, without limitation, costs and fees of litigation of
every nature or liability of any kind or nature) arising out of or in connection with
CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent (or alleged
negligent) performance of this Agreement or its failure to comply with any of its
obligations contained in this Agreement by CONSULTANT, its officers, agents or
employees except such loss or damage which was caused by the sole negligence or willful
misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense
and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall
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apply to all claims and liability regardless of whether any insurance policies are applicable.
The policy limits do not act as limitation upon the amount of indemnification to be
provided by CONSULTANT.
9. PROFESSIONAL LIABILITY INSURANCE
CONSULTANT shall obtain and furnish to CITY a professional liability
insurance policy covering the work performed by it hereunder. This policy shall provide
coverage for CONSULTANT’s professional liability in an amount not less than One Million
Dollars ($1,000,000.00) per occurrence and in the aggregate. The above- mentioned
insurance shall not contain a self-insured retention without the express written consent of
CITY; however an insurance policy "deductible" of Ten Thousand Dollars ($10,000.00)
or less is permitted. A claims-made policy shall be acceptable if the policy further provides
that:
A. The policy retroactive date coincides with or precedes the initiation
of the scope of work (including subsequent policies purchased as
renewals or replacements).
B. CONSULTANT shall notify CITY of circumstances or incidents
that might give rise to future claims.
CONSULTANT will make every effort to maintain similar insurance during
the required extended period of coverage following PROJECT completion. If insurance is
terminated for any reason, CONSULTANT agrees to purchase an extended reporting
provision of at least two (2) years to report claims arising from work performed in
connection with this Agreement.
If CONSULTANT fails or refuses to produce or maintain the insurance
required by this section or fails or refuses to furnish the CITY with required proof that
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insurance has been procured and is in force and paid for, the CITY shall have the right, at
the CITY’s election, to forthwith terminate this Agreement. Such termination shall not
effect Consultant’s right to be paid for its time and materials expended prior to notification
of termination. CONSULTANT waives the right to receive compensation and agrees to
indemnify the CITY for any work performed prior to approval of insurance by the CITY.
10. CERTIFICATE OF INSURANCE
Prior to commencing performance of the work hereunder, CONSULTANT
shall furnish to CITY a certificate of insurance subject to approval of the City Attorney
evidencing the foregoing insurance coverage as required by this Agreement; the certificate
shall:
A. provide the name and policy number of each carrier and policy;
B. state that the policy is currently in force; and
C. shall promise that such policy shall not be suspended, voided or
canceled by either party, reduced in coverage or in limits except
after thirty (30) days’ prior written notice; however, ten (10) days’
prior written notice in the event of cancellation for nonpayment of
premium.
CONSULTANT shall maintain the foregoing insurance coverage in force
until the work under this Agreement is fully completed and accepted by CITY.
The requirement for carrying the foregoing insurance coverage shall not
derogate from CONSULTANT's defense, hold harmless and indemnification obligations as
set forth in this Agreement. CITY or its representative shall at all times have the right to
demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a
prompt and timely manner, the premiums on the insurance hereinabove required.
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11. INDEPENDENT CONTRACTOR
CONSULTANT is, and shall be, acting at all times in the performance of
this Agreement as an independent contractor herein and not as an employee of CITY.
CONSULTANT shall secure at its own cost and expense, and be responsible for any and
all payment of all taxes, social security, state disability insurance compensation,
unemployment compensation and other payroll deductions for CONSULTANT and its
officers, agents and employees and all business licenses, if any, in connection with the
PROJECT and/or the services to be performed hereunder.
12. TERMINATION OF AGREEMENT
All work required hereunder shall be performed in a good and workmanlike
manner. CITY may terminate CONSULTANT's services hereunder at any time with or
without cause, and whether or not the PROJECT is fully complete. Any termination of this
Agreement by CITY shall be made in writing, notice of which shall be delivered to
CONSULTANT as provided herein. In the event of termination, all finished and
unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become
its property and shall be promptly delivered to it by CONSULTANT.
13. ASSIGNMENT AND DELEGATION
This Agreement is a personal service contract and the work hereunder shall
not be assigned, delegated or subcontracted by CONSULTANT to any other person or
entity without the prior express written consent of CITY. If an assignment, delegation or
subcontract is approved, all approved assignees, delegates and subconsultants must satisfy
the insurance requirements as set forth in Sections 9 and 10 hereinabove.
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14. COPYRIGHTS/PATENTS
CITY shall own all rights to any patent or copyright on any work, item or
material produced as a result of this Agreement.
15. CITY EMPLOYEES AND OFFICIALS
CONSULTANT shall employ no CITY official nor any regular CITY
employee in the work performed pursuant to this Agreement. No officer or employee of
CITY shall have any financial interest in this Agreement in violation of the applicable
provisions of the California Government Code.
16. NOTICES
Any notices, certificates, or other communications hereunder shall be given
either by personal delivery to CONSULTANT's agent (as designated in Section 1
hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed
envelope, postage prepaid, and depositing the same in the United States Postal Service, to
the addresses specified below. CITY and CONSULTANT may designate different
addresses to which subsequent notices, certificates or other communications will be sent by
notifying the other party via personal delivery, a reputable overnight carrier or U. S.
certified mail-return receipt requested:
TO CITY: TO CONSULTANT:
City of Huntington Beach
ATTN:
2000 Main Street
Huntington Beach, CA 92648
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17. CONSENT
When CITY's consent/approval is required under this Agreement, its
consent/approval for one transaction or event shall not be deemed to be a consent/approval
to any subsequent occurrence of the same or any other transaction or event.
18. MODIFICATION
No waiver or modification of any language in this Agreement shall be valid
unless in writing and duly executed by both parties.
19. SECTION HEADINGS
The titles, captions, section, paragraph and subject headings, and descriptive
phrases at the beginning of the various sections in this Agreement are merely descriptive
and are included solely for convenience of reference only and are not representative of
matters included or excluded from such provisions, and do not interpret, define, limit or
describe, or construe the intent of the parties or affect the construction or interpretation of
any provision of this Agreement.
20. INTERPRETATION OF THIS AGREEMENT
The language of all parts of this Agreement shall in all cases be construed
as a whole, according to its fair meaning, and not strictly for or against any of the parties.
If any provision of this Agreement is held by an arbitrator or court of competent
jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate
or affect the remaining covenants and provisions of this Agreement. No covenant or
provision shall be deemed dependent upon any other unless so expressly provided here.
As used in this Agreement, the masculine or neuter gender and singular or plural number
shall be deemed to include the other whenever the context so indicates or requires.
Nothing contained herein shall be construed so as to require the commission of any act
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contrary to law, and wherever there is any conflict between any provision contained herein
and any present or future statute, law, ordinance or regulation contrary to which the parties
have no right to contract, then the latter shall prevail, and the provision of this Agreement
which is hereby affected shall be curtailed and limited only to the extent necessary to bring
it within the requirements of the law.
21. DUPLICATE ORIGINAL
The original of this Agreement and one or more copies hereto have been
prepared and signed in counterparts as duplicate originals, each of which so executed shall,
irrespective of the date of its execution and delivery, be deemed an original. Each duplicate
original shall be deemed an original instrument as against any party who has signed it.
22. IMMIGRATION
CONSULTANT shall be responsible for full compliance with the
immigration and naturalization laws of the United States and shall, in particular, comply
with the provisions of the United States Code regarding employment verification.
23. LEGAL SERVICES SUBCONTRACTING PROHIBITED
CONSULTANT and CITY agree that CITY is not liable for payment of any
subcontractor work involving legal services, and that such legal services are expressly
outside the scope of services contemplated hereunder. CONSULTANT understands that
pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive
legal counsel for CITY; and CITY shall not be liable for payment of any legal services
expenses incurred by CONSULTANT.
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24. ATTORNEY’S FEES
In the event suit is brought by either party to construe, interpret and/or
enforce the terms and/or provisions of this Agreement or to secure the performance hereof,
each party shall bear its own attorney’s fees, such that the prevailing party shall not be
entitled to recover its attorney's fees from the nonprevailing party.
25. SURVIVAL
Terms and conditions of this Agreement, which by their sense and context
survive the expiration or termination of this Agreement, shall so survive.
26. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the
laws of the State of California.
27. SIGNATORIES
Each undersigned represents and warrants that its signature hereinbelow has
the power, authority and right to bind their respective parties to each of the terms of this
Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the
event that such authority or power is not, in fact, held by the signatory or is withdrawn.
CONSULTANT’s Initials
28. ENTIRETY
The parties acknowledge and agree that they are entering into this
Agreement freely and voluntarily following extensive arm's length negotiation, and that
each has had the opportunity to consult with legal counsel prior to executing this
Agreement. The parties also acknowledge and agree that no representations, inducements,
promises, agreements or warranties, oral or otherwise, have been made by that party or
anyone acting on that party's behalf, which are not embodied in this Agreement, and that
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that party has not executed this Agreement in reliance on any representation, inducement,
promise, agreement, warranty, fact or circumstance not expressly set forth in this
Agreement. This Agreement, and the attached exhibits, contain the entire agreement
between the parties respecting the subject matter of this Agreement, and supersede all prior
understandings and agreements whether oral or in writing between the parties respecting
the subject matter hereof.
29. EFFECTIVE DATE
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed by and through their authorized officers. This Agreement shall be effective
on the date of its approval by the City Attorney. This Agreement shall expire when
terminated as provided herein.
CONSULTANT,
COMPANY NAME
CITY OF HUNTINGTON BEACH,
a municipal corporation of the State of
California
By: City Administrator
INITIATED AND APPROVED:
print name ITS: (circle one) Chairman/President/Vice President
AND
By:
Director/Chief
APPROVED AS TO FORM:
print name ITS: (circle one) Secretary/Chief Financial Officer/Asst.
Secretary – Treasurer
City Attorney
Date
163
EXHIBIT "A"
A. STATEMENT OF WORK: (Narrative of work to be performed)
B. CONSULTANT'S DUTIES AND RESPONSIBILITIES:
1.
2.
C. CITY'S DUTIES AND RESPONSIBILITIES:
1.
2.
D. WORK PROGRAM/PROJECT SCHEDULE:
EXHIBIT A
164
1
Exhibit B
EXHIBIT “B”
A. Hourly Rate
Payment Schedule (Hourly Payment)
CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost
schedule:
B. Travel. Charges for time during travel are not reimbursable
C. Billing
1. All billing shall be done monthly in fifteen (15) minute increments and matched to an
appropriate breakdown of the time that was taken to perform that work and who
performed it.
2. Each month’s bill should include a total to date. That total should provide, at a glance,
the total fees and costs incurred to date for the project.
3. A copy of memoranda, letters, reports, calculations and other documentation prepared
by CONSULTANT may be required to be submitted to CITY to demonstrate progress
toward completion of tasks. In the event CITY rejects or has comments on any such
product, CITY shall identify specific requirements for satisfactory completion.
4. CONSULTANT shall submit to CITY an invoice for each monthly payment due.
Such invoice shall:
A) Reference this Agreement;
B) Describe the services performed;
C) Show the total amount of the payment due;
D) Include a certification by a principal member of CONSULTANT's firm that
the work has been performed in accordance with the provisions of this
Agreement; and
E) For all payments include an estimate of the percentage of work completed.
Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is
making satisfactory progress toward completion of tasks in accordance with this
Agreement, CITY shall approve the invoice, in which event payment shall be made
within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be
unreasonably withheld. If CITY does not approve an invoice, CITY shall notify
CONSULTANT in writing of the reasons for non-approval and the schedule of
performance set forth in Exhibit "A" may at the option of CITY be suspended until
the parties agree that past performance by CONSULTANT is in, or has been brought
into compliance, or until this Agreement has expired or is terminated as provided
herein.
165
Exhibit B
5. Any billings for extra work or additional services authorized in advance and in writing
by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the
information required above, and in addition shall list the hours expended and hourly
rate charged for such time. Such invoices shall be approved by CITY if the work
performed is in accordance with the extra work or additional services requested, and if
CITY is satisfied that the statement of hours worked and costs incurred is accurate.
Such approval shall not be unreasonably withheld. Any dispute between the parties
concerning payment of such an invoice shall be treated as separate and apart from the
ongoing performance of the remainder of this Agreement.
2
166
Exhibit B
EXHIBIT "B"
Payment Schedule (Fixed Fee Payment)
1. CONSULTANT shall be entitled to monthly progress payments toward the fixed fee set
forth herein in accordance with the following progress and payment schedules.
2. Delivery of work product: A copy of every memorandum, letter, report, calculation and
other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress
toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY
shall identify specific requirements for satisfactory completion.
3. CONSULTANT shall submit to CITY an invoice for each monthly progress payment
due. Such invoice shall:
A) Reference this Agreement;
B) Describe the services performed;
C) Show the total amount of the payment due;
D) Include a certification by a principal member of CONSULTANT's firm that the
work has been performed in accordance with the provisions of this Agreement;
and
E) For all payments include an estimate of the percentage of work completed.
Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making
satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve
the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice
by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice,
CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of
performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that
past performance by CONSULTANT is in, or has been brought into compliance, or until this
Agreement has expired or is terminated as provided herein.
4. Any billings for extra work or additional services authorized in advance and in writing
by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information
required above, and in addition shall list the hours expended and hourly rate charged for such time.
Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or
additional services requested, and if CITY is satisfied that the statement of hours worked and costs
incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the
parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing
performance of the remainder of this Agreement.
167
City of Huntington Beach
2000 Main Street,
Huntington Beach, CA
92648
File #:22-153 MEETING DATE:3/1/2022
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Sean Joyce, Interim City Manager
PREPARED BY:Ursula Luna-Reynosa, Director of Community Development
Subject:
Adopt Ordinance No. 4234 approving Zoning Text Amendment (ZTA) No. 21-006 establishing
electric vehicle charging station sign standards
Approved for introduction Feb. 15, 2022 - Vote: 7-0
Statement of Issue:
Ordinance No. 4234 approved for introduction on February 15, 2022, requires adoption.
Financial Impact:
Not applicable.
Recommended Action:
Adopt City Council Ordinance No. 4234, “An Ordinance of the City of Huntington Beach Amending
Chapter 233 of the Huntington Beach Zoning and Subdivision Ordinance Establishing Electric Vehicle
Charging Station Sign Standards (Zoning Text Amendment No. 21-006).”
Alternative Action(s):
The City Council may make the following alternative motions:
1. Do not approve Zoning Text Amendment No. 21-006.
2. Continue Zoning Text Amendment No. 21-006 and direct staff accordingly.
Analysis:
A.PROJECT PROPOSAL:
Applicant: City of Huntington Beach
ZTA No. 21-006 is a request amend Chapter 233 (Signs) of the Huntington Beach Zoning and
Subdivision Ordinance (HBZSO) to regulate signs on electric vehicle charging stations.
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B.BACKGROUND:
Electric vehicles and electric vehicle charging stations have become more prevalent in the City in
recent years. Building permit applications for publicly accessible electric vehicle charging stations
are often proposed within parking lots at commercial shopping centers. Most of these charging
stations are provided by independent contractors and provide charging services to the user for a
fee. Some charging stations are operated at no cost to the user, especially when the installation
is funded via grants. In other cases, when the electric charging services are provided for free to
the driver, the independent contractor earns revenue by providing off-site advertising in LED
message boards within the charging unit itself. The LED message boards typically face the public
areas of the shopping center, allow the independent contractor to sell advertising, and
subsequently provide the charging services at no cost.
The advertising associated with these electric vehicle charging stations is in conflict with the
provisions of the zoning code because off-premises signs, including billboards or advertising
structures installed for the purpose of advertising a project, subject or business unrelated to the
premises upon which the sign is located, are currently prohibited.
On the other hand, signs manufactured as a standard, integral part of a mass-produced product
accessory or display structure including vending machines, automated teller machines, and
gasoline pumps are exempt from sign permit requirements. These types of product or display
structure signs are not restricted by content and no fee, permit or application is required.
C.PLANNING COMMISSION MEETING AND RECOMMENDATION:
On January 11, 2022, the Planning Commission held a public hearing on the ZTA. There were no
written public comments received for the public hearing. The Planning Commission had a general
discussion about the proposed standards and whether it was appropriate to regulate the price that
the operator can charge for the service being provided. The Planning Commission recommended
approval of the request to the City Council.
Planning Commission Action on January 11, 2022:
A motion made by Rodriguez, seconded by Scandura, to recommend to the City Council approval
of ZTA No. 21-006 carried by the following vote:
AYES: Adams, Rodriguez, Acosta-Galvan, Perkins, Mandic, Scandura, Ray
NOES: None
ABSTAIN: None
ABSENT: None
MOTION PASSED
D.STAFF ANALYSIS:
The January 11, 2022, Planning Commission staff report provides a more detailed description and
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analysis of the proposed ZTA (Attachment No. 4). In summary, staff and the Planning Commission
recommend approval of the ZTA based on the following reasons:
1. It is consistent with general land use and environmental resources goals and policies of the
General Plan.
2. The revenue derived from advertising allows the electric vehicle charge to be free to
consumers.
Environmental Status:
ZTA No. 21-006 is categorically exempt pursuant to City Council Resolution No. 4501, Class 20,
which supplements the California Environmental Quality Act, because minor amendments to zoning
ordinances that do not change the development standards intensity or density, are exempt.
Strategic Plan Goal:
Economic Development & Housing
Attachment(s):
1. Suggested Findings of Approval of ZTA No. 21-006
2. Ordinance No. 4234
3. ZTA No. 21-006 Legislative Draft and Revised HBZSO Section 233.14
4. January 11, 2022, Planning Commission Staff Report
5. Example Charging Station
6. PowerPoint Presentation
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Attachment No. 1.1
ATTACHMENT NO. 1
FINDINGS OF APPROVAL
ZONING TEXT AMENDMENT NO. 21-006
FINDINGS FOR PROJECTS EXEMPT FROM CEQA:
Zoning Text Amendment (ZTA) No. 21-006 is categorically exempt pursuant to City Council
Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act
because minor amendments to ordinances that do not change the development standards
intensity or density, are exempt. ZTA 21-006 amends the signage standards for electric vehicle
charging stations and does not change development intensity or density.
FINDINGS FOR APPROVAL - ZONING TEXT AMENDMENT NO. 21-006:
1. Zoning Text Amendment No. 21-006 to amend Huntington Beach Zoning and Subdivision
Ordinance (HBZSO) Section 233.08 to add signs on electric vehicle charging stations to the
list of Readerboard signs is consistent with general land uses, programs, goals, and policies
of the General Plan as follows:
Land Use Element
Goal LU-11 – Commercial land uses provide goods and services to meet regional and local
needs.
Policy LU-11 (A) – Encourage a variety of commercial uses that cater to local and regional
demand to create an environment that meets the needs and increases the capture of sales
tax revenues.
Environmental Resources and Conservation Element
Goal ERC-13 – Increase both distributed generation and utility renewable energy sources
within municipal and community-wide practices.
Policy ERR-13 (B) – Encourage renewable energy options that are affordable and benefit all
community members.
Circulation Element
Goal CIRC-8 – Planning and infrastructure support electric and alternative fuel vehicles
through power or fueling stations and other means.
As electric vehicle production and ownership expands within the City, charging stations
conveniently located within commercial shopping centers meets the needs of both visitors and
residents alike. The revenue derived from the advertising allows the charge to be minimal or
171
Attachment No. 1.2
free to the electric vehicle owner. This encourages electric vehicle ownership, which helps
reduce carbon emissions and is good for the environment.
2. Zoning Text Amendment No. 21-001 is compatible with the uses authorized in, and the
standards prescribed for, the zoning district for which it is proposed because it does not
propose any new land uses and only minimally revises development standards in the narrow
category of signage.
3. A community need is demonstrated for the chan ge proposed because electric vehicles are
gaining in popularity and the ZTA will allow providers to derive revenue from advertising and
provide the charge at minimal or no cost to the electric vehicle owner.
4. Its adoption will be in conformity with public convenience, general welfare and good zoning
practice because other readerboard type signs are allowed to have off-site advertising. In this
case, the electric charge will be nominal or free to the public because the provider can derive
revenue from the advertising sales.
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174
175
176
177
178
City of Huntington Beach
2000 Main Street,
Huntington Beach, CA
92648
File #:22-024 MEETING DATE:1/11/2022
PLANNING COMMISSION STAFF REPORT
TO:Planning Commission
FROM:Ursula Luna-Reynosa, Director of Community Development
BY:Jane James, Planning Manager
SUBJECT:
ZONING TEXT AMENDMENT NO. 21-006 (ELECTRIC VEHICLE CHARGING STATION SIGNS) -
CONTINUED FROM AUGUST 10, 2021
REQUEST:
To amend Chapter 233, Signs, of the Huntington Beach Zoning and Subdivision
Ordinance to regulate signs on electric vehicle charging stations.
LOCATION:
Citywide
APPLICANT:
City of Huntington Beach
PROPERTY
OWNER:
Various
BUSINESS
OWNER:
Not applicable
STATEMENT OF ISSUE:
1. Does the project satisfy all the findings required for a Zoning Text Amendment?
2. Has the appropriate level of environmental analysis been determined?
RECOMMENDATION:
That the Planning Commission take the following actions:
A) Find that Zoning Text Amendment (ZTA) No. 21-006 is categorically exempt pursuant to City
Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act
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(CEQA); and
B) Recommend approval of Zoning Text Amendment No. 21-006 with findings (Attachment No. 1)
by approving draft City Council Ordinance No. 4234 and forward to the City Council for consideration
(Attachment No. 2).
ALTERNATIVE ACTION(S):
A) Do not recommend approval of Zoning Text Amendment No. 21-006 to the City Council; or
B) Continue Zoning Text Amendment No. 21-006 and direct staff accordingly.
PROJECT PROPOSAL:
Background:
Electric vehicles and electric vehicle charging stations have become more prevalent in the City in
recent years. Building permit applications for publicly accessible electric vehicle charging stations
are often proposed within parking lots at commercial shopping centers. Most of these charging
stations are provided by independent contractors and provide charging services to the user for a fee.
Some charging stations are operated at no cost to the user, especially when the installation is funded
via grants. In other cases, when the electric charging services are provided for free to the driver, the
independent contractor earns revenue by providing off-site advertising in LED message boards within
the charging unit itself. The LED message boards typically face the public areas of the shopping
center, allow the independent contractor to sell advertising, and subsequently provide the charging
services at no cost.
The advertising associated with these electric vehicle charging stations is in conflict with the
provisions of the zoning code because off-premises signs, including billboards or advertising
structures installed for the purpose of advertising a project, subject or business unrelated to the
premises upon which the sign is located, are currently prohibited.
On the other hand, signs manufactured as a standard, integral part of a mass-produced product
accessory or display structure including vending machines, automated teller machines, and gasoline
pumps are exempt from sign permit requirements. These types of product or display structure signs
are not restricted by content and no fee, permit or application is required.
On August 10, 2021, staff presented a suggested Zoning Text Amendment to add electric vehicle
charging stations signs to the list of mass-produced product or display structures that are exempt
from sign permit requirements.
Previous Public Hearing:
The Planning Commission held a public hearing to consider the request on August 10, 2021. There
was no one who spoke during the meeting. The Planning Commission raised several concerns with
the proposal to exempt the EV charging stations signs from permit requirements as they determined
that EV charging station signs were not similar to gasoline dispensary signs.
Instead, the Planning Commission expressed a desire to regulate and limit the size, lighting, sound,
location, and number of the off-premise advertising signs. Staff evaluated the Planning
Commission’s comments and is returning with a newly proposed sign ordinance to capture theCity of Huntington Beach Printed on 1/7/2022Page 2 of 8
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Commission’s comments and is returning with a newly proposed sign ordinance to capture the
Planning Commission’s concerns.
Staff now recommends incorporating EV charging station signs into the already existing zoning code
section for Readerboard Signs, which allow for off-premise advertising on an electronic screen in
certain circumstances.
ISSUES AND ANALYSIS:
General Plan Conformance:
The ZTA is consistent with the goals and policies of the General Plan as follows:
Land Use Element
Goal LU-11 - Commercial land uses provide goods and services to meet regional and local needs.
Policy LU-11 (A)- Encourage a variety of commercial uses that cater to local and regional demand to
create an environment that meets the needs and increases the capture of sales tax revenues.
Environmental Resources and Conservation Element
Goal ERC-13 - Increase both distributed generation and utility renewable energy sources within
municipal and community-wide practices.
Policy ERR-13 (B)- Encourage renewable energy options that are affordable and benefit all
community members.
Circulation Element
Goal CIRC-8 - Planning and infrastructure support electric and alternative fuel vehicles through
power or fueling stations and other means.
As electric vehicle production and ownership expands within the City, charging stations conveniently
located within commercial shopping centers meets the needs of both visitors and residents alike.
The revenue derived from the advertising allows the charge to be free to the electric vehicle owner.
This incentive encourages electric vehicle ownership, which helps reduce carbon emissions and is
good for the environment.
The Planning Commission raised reasonable sign pollution and related aesthetic concerns. Land
use regulations often entail a critical analysis of tradeoffs between different policy objectives. The
proposed modifications to the sign code do enable vehicle charging stations to include a mini-
electronic billboard of sorts and conduct offsite advertising. Cities in general, and the City of
Huntington Beach in particular, have not favored such sign clutter for multiple reasons.
Reduction of greenhouse gases (GHG) has been an issue of statewide concern since 2005 when
then-Governor Arnold Schwarzenegger signed Executive Order (EO) S-3-05, declaring that California
is vulnerable to the impacts of climate change through reductions in the Sierra Nevada snowpack (a
major source of water for the state), reduced air quality, and rising sea levels. EO S-3-05 also sets
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major source of water for the state), reduced air quality, and rising sea levels. EO S-3-05 also sets
the following GHG reduction goals for the state:
• Reduce emissions to 2000 levels by 2010
• Reduce emissions to 1990 levels by 2020
• Reduce emissions to 80% below 1990 levels by 2050
Numerous assembly bills and senate bills aimed at identifying and reducing sources of GHG have
subsequently become effective in California. In particular, vehicle emissions have been identified as
a primary source of greenhouse gases. The figure below, from the recent General Plan update,
illustrates Transportation, defined as on-road vehicle trips that begin and/or end in Huntington Beach,
as the single largest contributor to GHG emissions in the city.
As another example, the California Air Resources Board (CARB), in January 2012, approved the
Advanced Clean Cars program, an emissions-control program for model years 2017 through 2025.
The program combines the control of smog, soot, and GHGs with requirements for greater numbers
of zero-emission vehicles. By 2025, when the rules will be fully implemented, the new automobiles
will emit 34 percent fewer global warming gases and 75 percent fewer smog-forming emissions. The
program also requires car manufacturers to offer for sale an increasing number of zero-emission
vehicles each year, including battery electric, fuel cell, and plug-in hybrid electric vehicles. In
December 2012, CARB adopted regulations allowing car manufacturers to comply with California's
GHG emissions requirements for model years 2017-2025 through compliance with the EPA GHG
requirements for those same model years (CARB 2012).
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With the advent of these and other bills, electric vehicles and the need for charging stations
throughout the City will become more prevalent. Encouraging electric vehicles by making ownership
more affordable will further assist in reduction of GHG. Expansion of the charging station network in
turn can make vehicle ownership more convenient, practical, and affordable. In this particular case,
due to the State’s objectives and other General Plan objectives achieved (see above list) by allowing
these electronic signs for offsite advertising, the tradeoffs are worthy of Planning Commission
consideration.
Zoning Compliance:
The signs associated with electric vehicle charging stations are typically reader board type signs and
include a revolving message/advertising display. They are usually proposed in commercial center
parking lots and the LED signs are visible to users of the property such as e-vehicle owners charging
their vehicle and other visitors and pedestrians at the shopping center (see example in Attachment
No. 4). By including such signs in the list of Readerboard Signs, the electric vehicle charging station
operator can sell advertising and then provide the charge free or with a nominal fee to customers.
ZTA 21-006 includes the following amendments, in bold underlined blue typeface, to HBZSO
Section 233.14 Readerboard Signs-Multiple Users:
233.14 Readerboard Signs-Multiple Users
Off-site electronic readerboard signs may be permitted subject to review by the Design Review Board
and approval of a conditional use permit by the Zoning Administrator.Off-site electronic
readerboards as part of an electric vehicle charging station may be permitted subject to
building permit and compliance with criteria in 233.14 F.Approval of all other electronic
readerboard signs shall be subject to the following criteria A. through E.:
A.Required Findings. Prior to approving a conditional use permit to allow a multiple user
electronic readerboard sign, the Zoning Administrator shall make the following findings:
1. The proposed electronic readerboard sign conforms with the standards and criteria as
set forth in the Huntington Beach Zoning and Subdivision Ordinance;
2. The proposed electronic readerboard sign will not adversely impact traffic circulation in
adjacent right-of-way or create a hazard to vehicle or pedestrian traffic.
B.Multiple User Readerboard Sign Criteria.
1. Multiple user electronic readerboard signs may be located at a site which is not the
location of any of the parties using the sign for advertising.
2. Multiple user electronic readerboard shall be freestanding.
3. The maximum sign area shall be 1,200 square feet.
4. The maximum height of a multiple user readerboard sign shall be 85 feet.
5. The multiple user readerboard shall have cylinders or directional incandescent lamps
and have a shade screen or louver system, a shade screen and a photocell for reducing the
intensity of lighting at night.
C.Lighting Standards.
1. The maximum night time light intensity and illuminance shall conform to the following:
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Maximum Night Time Intensity
Height from Ground (in feet)5 10 20 30 50 70 85
Max. Intensity (x 1,000
lumens)
125 130 145 170 250 370 490
Maximum Night Time Illuminance
Land Use at Receptor Site Residential Commercial Other
Max. Illuminance (foot-
candles)
0.3 2.0 1.0
The maximum night time illuminance shall be measured at the receptor site, at ground level,
by a direct reading, portable light meter. Measurements shall not be made within one hour
after sunset or before sunrise.
2. Illuminance shall be determined by the difference between a reading taken with the
sign on and another reading taken within three minutes with the sign off.
3. An illuminance chart shall be prepared by a licensed engineer and submitted to the
Director for approval prior to installation. Conformance with this section shall be verified by
actual measurements made, as specified herein, after installation. The method of
measurement and results shall be subject to approval of the Director.
D.Location Requirements.
1. A multiple user readerboard shall be located no farther than 200 feet from a freeway.
2. The minimum distance between multiple user readerboards shall be 1,000 feet.
3. The sign shall be a minimum distance of 600 feet from residential properties.
E.Other Standards.
1. No off-site electronic readerboard will be permitted except for multiple users.
2. At least 20% of the message time, or any percentage deemed necessary by the City
for emergency conditions shall be used for public service announcements.
3. Messages in a multiple user sign shall be no faster than one message every four
seconds and the minimum interval between messages shall be at least one second.
4. Light intensity changes (other than between day and night uses) are not permitted.
F. Electronic Vehicle Charging Station Sign (EVCSS) Standards.
1. The EVCSS shall have a maximum of two (2) sides and a maximum of nine (9)
square feet of signage on each side. The maximum height of an EVCSS is five (5)
feet and shall be designed with a solid monument type base and integrated into the
EV charging station.
2. All EVCSS shall be located at the head of each parking stall and oriented toward
the single vehicle user and/or adjacent sidewalk. The EVCSS shall maintain a
minimum 10 feet by 10 feet visibility triangle at the foot of each parking stall. The
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EVCSS shall not encroach into the required parking stall dimensions. If located
within a landscaped area, any required landscaping shall be replaced.
3. Only static or still pictures and images are permitted on the EVCSS; moving
video type images are not permitted.
4. No audio or sound components are permitted on the EVCSS.
5. The EVCSS shall be located a minimum of 150 feet from any residential property
line or residential use.
6. The EVCSS screen shall dim by at least 50% between 8:00 pm and 8:00 am.
7. There shall be a maximum of two (2) EVCSS for every 100 parking stalls on the
property.
8. An EVCSS with Level 1 (approximately 120 volt outlet) and Level 2 Chargers
(approximately 240 volt outlet) shall be provided free of charge to the public
consumer; Level 3 Direct Current Fast Chargers (approximate range in output from 50
kW to 350 kW) may include a fee to the consumer.
9. Each EVCSS shall comply with 233.14 C. Lighting Standards.
10. Each EVCSS shall comply with 233.14 E. Other Standards.
11. Electric vehicle charging stations, which include readerboard signage granted
under this section, shall be in operational working condition at all times and, at a
minimum, available for use during regular business hours. When an electric vehicle
charging station is not operational for 14 consecutive days, it shall be considered to
have been removed from service. If removed from service, the EVCSS shall be
removed from the site and the parking spaces shall be returned to their original
condition within 30 days.
Presently, signs included on EV charging stations are not addressed in the HBZSO and therefore are
prohibited. Establishing the above regulations as part of the readerboard sign section of the code
provides parameters for size, location, height, and frequency of messaging while allowing for off-site
advertising to occur. The proposed revisions to Chapter 233, Signs, are responsive to the Planning
Commission’s comments at the August 10, 2021 public hearing.
Urban Design Guidelines Conformance:
Not applicable
Environmental Status:
ZTA No. 21-006 is categorically exempt pursuant to City Council Resolution No. 4501, Class 20,
which supplements the California Environmental Quality Act, because minor amendments to zoning
ordinances that do not change the development standards intensity or density, are exempt.
Coastal Status:
If approved, this ZTA will require approval of a Local Coastal Program Amendment by the California
Coastal Commission to incorporate the new provisions in the Coastal Zone.
Design Review Board:
No applicable
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Other Departments Concerns and Requirements:
No applicable
Public Notification:
Legal notice was published in the Huntington Beach Wave on December 30, 2021 and notices were
sent to individuals and organizations requesting notification. As of January 5, 2022, no
communications regarding the request have been received.
Application Processing Dates:
DATE OF COMPLETE APPLICATION:MANDATORY PROCESSING DATE(S):
Not applicable Not applicable
SUMMARY:
Staff recommends approval of ZTA No. 21-006 based on the following:
1. It is consistent with general land use and environmental resources goals and policies of the
General Plan.
2. The revenue derived from advertising allows the electric vehicle charge to be free to
consumers.
ATTACHMENTS:
1.ZTA No. 21-006 Suggested Findings for Approval
2. Draft City Council Ordinance No. XXXX
3. ZTA No. 21-006 Legislative Draft and Revised HBZSO Section 233.14
4.Example Charging Station
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ZONING TEXT AMENDMENT NO. 21-006
CHARGING STATION EXAMPLES
187
ZONING TEXT AMENDMENT 21-006
Electric Vehicle Charging Station Signs
FEB.15, 2022
188
BACKGROUND
EVs and EV charging stations
more prevalent in recent years
Proposed in commercial centers
by independent contractors
LED message boards with off-site
advertising
Advertising revenue = no cost to
charge
Conflicts with current ZSO
ZTA intended to establish
regulations
189
REQUEST
Add to Readerboard ZSO Section 233.14
Allows off-site advertising similar to other readerboards
Max. 9 sq ft
Max. 5 ft high
Locate towards head of each stall
No audio or video
Min. 150 ft from residential
Max 2 signs for every 100 parking stalls
Level 1 and 2 free; Level 3 super charger may include fee
No faster than 1 message/4 seconds; 1 second pause
between messages
190
ANALYSIS
EV charging stations not in existence when current code considered
EV charging stations with advertising now more common
ZTA establishes parameters for size, location, height, and frequency of
messaging
191
ANALYSIS AND RECOMMENDATION
General Plan Goals and Policies
LU and ERC
Charging stations meet
needs of visitors and residents
Advertising revenue allows
charging at minimal or no
cost
Encourages EV ownership;
reduces tailpipe emissions
and GHG
No public comments received
192
City of Huntington Beach
2000 Main Street,
Huntington Beach, CA
92648
File #:22-123 MEETING DATE:3/1/2022
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Sean Joyce, Interim City Manager
PREPARED BY:Chris Slama, Director of Community & Library Services
Subject:
Consider Withdrawal of Previous City Council Approval of the Edison Park Reconfiguration
Conceptual Plan
Statement of Issue:
On November 16, 2021, City Council approved a Reconfiguration Conceptual Plan for Edison Park
and authorized staff to start development of the design. With the benefit of additional community
feedback received since November, staff recommends further community outreach and additional
review and analysis of the conceptual plan. It is staff’s hope that additional outreach and
conceptual design modifications can lead to greater community consensus, followed by appropriate
environmental impact analysis that will, ultimately, lead to specific park improvements that will be
the source of greater resident and park user enthusiasm.
Financial Impact:
There is no financial impact associated with the recommended actions. Funding in the amount of
$300,000 has been included in the City’s FY 2021/22 Capital Improvement Program (CIP) for Edison
Community Park design services, which is sufficient to continue the design development process.
Recommended Action:
A) Withdraw the November 16, 2021 City Council approval of the final Edison Park Reconfiguration
Conceptual Plan; and,
B) Direct staff to conduct further community outreach and additional review and analysis of the
Conceptual Plan, and return to City Council.
Alternative Action(s):
Do not approve the recommended actions and direct staff accordingly.
Analysis:
Edison Park, located at 21377 Magnolia Avenue, was constructed in the early 1970s and opened to
the public in 1974. The park is 39.69 acres, with 27.5 of those acres (or 69%) existing on a former
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County landfill. Since opening, Edison Park has met a wide variety of active and passive recreation
needs of Huntington Beach residents, despite there being no major park updates since its original
development. Additionally, the former landfill has resulted in ongoing settlement, which limits the
location and type of park renovations that can be made due to soil stability and structural
requirements. In 2009, the City approved a Master Plan for Edison Park involving a complete
reconfiguration of the park, including a variety of improvements such as a new parking lot, expansion
of the existing parking lot, new sports practice fields, a multi-purpose field, relocation of existing
walkways, trees, landscape and hardscape improvements, bocce ball courts, new tennis courts and a
skate park.
As part of the City Council approved Fiscal Year 2021/22 Capital Improvement Program (CIP),
funding was allocated to solicit public input to aid in development of an updated conceptual plan to
reconfigure Edison Park. Staff engaged RJM Design Group to facilitate community input to address
changing recreation trends and guide current and future park and recreation development needs at
Edison Park. This outreach began in May of 2021 and culminated with a recommended conceptual
plan that was approved by City Council on November 16, 2021. The approved minutes from that
meeting, including the staff presentation outlining the public input process, are attached. (Attachment
1 & 2).
A dedicated project website, bit.ly/hbedisonpark, was developed by RJM at the onset of the outreach
to provide residents project updates, allow them to participate in surveys and live-workshops, and
submit their thoughts and ideas through a “Feedback” button. This website is still active, providing
the community an opportunity to continue submitting their feedback. As of November 2021, there
were 4,034 views of the website, and 623 participants in the three online surveys, live community
workshop and the design charrette. A high volume of participants reported to be from the southeast
Huntington Beach area, where Edison Park is located.
Taking community input and the existing Park Master Plan into consideration, much of the conceptual
design involves maintaining or replacing existing park amenities near their current locations. The
plan also includes amenities previously prioritized by City Council and the Huntington Beach
community, such as expanded opportunities for lighted youth sports fields and additional pickleball
courts.
Following approval of the Conceptual Plan in November 2021, staff has undertaken some preliminary
analysis and further public outreach. Staff now believes the previously approved Conceptual Plan
warrants reconsideration to address some of the feedback received to date. While an extensive
public input process was conducted as referenced above, we believe additional input from
neighboring residents of the park would result in an even better park plan.
If the City Council approves the recommended action, additional public input would be conducted to
ensure a more comprehensive view of the community’s evolving needs is collected in consideration
of the future redevelopment of Edison Park. Once more feedback is collected and is the subject of
appropriate site analysis, staff will return to City Council for consideration.
Environmental Status:
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The recommended actions are to withdraw a previously approved Conceptual Plan for Edison Park
and to conduct additional site analysis and public outreach. Pursuant to CEQA Guidelines Section
15378(b)(5), the recommended actions are considered administrative activities of the City that will not
result in direct or indirect physical changes to the environment and, as such, do not constitute a
project as defined in the CEQA Guidelines. In addition, since the actions would not result in any
physical changes to the environment, the actions would be considered exempt pursuant to Section
15061(b)(3), which exempts activities where it can be seen with certainty that there is no possibility
that the activity in question may have a significant effect on the environment. Furthermore, the action
to withdraw a previous approval would be exempt pursuant to Section 15061(b)(4), which exempts
projects that are rejected or disapproved by a public agency.
Strategic Plan Goal:
Infrastructure & Parks
Attachment(s):
1) City Council Minutes dated November 16, 2021
2) Staff PowerPoint Presentation dated November 16, 2021
3) Edison Park Conceptual Plan Diagram
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Council/PFA Regular Minutes
November 16, 2021
Page 4 of 23
Sean Crumby, Public Works Director, stated Mark has been with the City for over 30 years, and after six
promotions is now Wastewater Supervisor. As an example of Mark's commitment, Director Crumby
described how about 15 years ago Mark actually retrieved a prosthetic eye in the sewer system for a
resident.
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.
Consent Calendar
#23 (21-868) Communication received regarding revising and redesigning the City's website.
Administrative Items
#21 (21-852) PowerPoint presentation entitled "Purchase 2 Tesla Model Y for Police Department"
submitted by Sean Crumby, Director of Public Works.
#25 (21-863) Communication submitted by Travis Hopkins, Assistant City Manager submitting an
amendment to Ordinance Nos. 4240, 4244 and 4241.
Email communication received regarding introduction of Ordinance No . 4240 amending
HBMC 2.102 Environmental & Sustainability Board.
#26 (21-875) PowerPoint presentation entitled "Downtown Urban Design Study Huntington Beach , CA"
submitted by Ursula Luna-Reynosa, Director of Community Development.
Two (2) email communications received regarding solicitation of proposals to redesign
Main Street and the extension of the temporary closure of the second block of Main
Street.
#27 (21-877) Communication submitted by Chris Slama , Community and Library Services Director,
submitting a revised staff report, including Recommended Action Option C (Revised
Conceptual Design) for Edison Park.
PowerPoint presentation entitled "Edison Park Conceptual Plan" submitted by Chris
Slama, Director of Community and Library Services.
Communication submitted by Chris Slama, Community and Library Services Director,
submitting a revised staff report, including Recommended Action Option Band
attachments (Conceptual Designs for Optio ns A and B).
Thirty-six (36) email communications regarding the Edison Park Reconfiguration
Conceptual Plan .
#28 (21-880) PowerPoint presentation entitled " Introduction of Proposed Memoranda of Understanding
with Huntington Beach Firefighters ' Association and Fire Management Association"
submitted by Brittany Mello , Interim Administrative Services Director.
Communication submitted by Brittany Mello, Interim Administrative Services Director,
submitting a legislative draft of the MOU between the City and the Huntington Beach
Firefighters' Association (HBFA).
196
Council/PFA Regular Minutes
November 16, 2021
Page 17 of 23
Mayor Carr stated that Downtown is the "Welcome Mat" for Huntington Beach, and her support for a plan
which will incorporate all of downtown and make it consistent and cohesive, including Pier Plaza. Mayor
Carr asked why those businesses that signed the petition presented by Mr. Bolen object to the City
spending millions of dollars to improve the area.
Mayor Carr confirmed with Director Luna-Reynosa that the project is expected to require a Coastal
Development Permit, but should not have to go before the Coastal Commission unless there is an
appeal.
Mayor Carr stated there may be parking space considerations if the City can continue to offer
transportation options like Circuit. She shared her interest in the flexible plaza option for Second Block,
as well as ensuring input from every property and business owner. Mayor Carr agrees there may be
safety issues regarding incorporating one-way vehicle traffic, but that will be studied as the project moves
forward.
Councilmember Posey recommended Councilmembers read a report written by Southern California
Association of Government (SCAG) and Orange County Business Council (OCBC) entitled Infill Refill
Opportunities which analyzes under-performing and low-performing retail space in four cities , including
Huntin·gton Beach.
A motion was made by Carr, second Delgleize to direct staff to solicit proposals to prepare construction
documents for a Main Street Plaza Scheme reconfiguration; and direct staff to extend the temporary
closure of the second block of Main Street to vehicular traffic during the reconfiguration evaluation.
The motion carried by the following vote :
AYES :
NOES:
Bolton, Delgleize, Carr, Posey, Moser, and Kalmick
Peterson
27. 21-877 Approved Revised Edison Park Reconfiguration Conceptual Plan "Option C"
submitted via Supplemental Communication
City Manager Chi introduced Director of Community and Library Services Chris Slama and Tamara
McClory, RJM Design Group , who presented a PowerPoint communication titled Edison Park Conceptual
Plan with slides entitled : Project Purpose, Project Timeline, Community Outreach -Outreach Advertising,
Community Outreach, Virtual Online Survey #1, Virtual Online Survey #1 Results, Virtual Online Survey
#2, Virtual Online Survey #2 Results, In Person Community Workshop, In Person Community Design
Charette (3), Community Outreach, Group Composite Plan, Group Consensus Plan, Virtual Online
Feedback Survey, Utilize Group Plan Template, Conceptual Plan Option A , Tennis I Pickleball Court
Layout, What's A Pump Track?, Refinements to Conceptual Plan A, Conceptual Plan Option B,
Additional Neighbor Concerns Raised, Areas of Residents Concern, Concerns Assessed, Response
Option Developed, Conceptual Plan Option C, Next Steps, City Council Options, and Thank You .
City Attorney Michael Gates noted for the record that this project may require a Measure C analysis,
which means residents must be given the right to vote on proposed construction on beach or park land
which exceeds a specific dollar amount.
Mayor Pro Tern Delgleize and Director Slama discussed the adjacent land owned by the Huntington
Beach School District , or former Kettler Elementary School, which includes three softball fields; parking
options ; replacement tree policy; and community outreach efforts .
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Council/PFA Regular Minutes
November 16, 2021
Page 18 of 23
Councilmember Peterson stated his support for Option C and suggested staff ensure more people are in
the communication loop .
Councilmember Posey expressed appreciation for the detailed report, efforts for community
communication and knowing that new trees will replace any that must be removed . Councilmember
Posey and Director Slama discussed funding options, and that at this time with so many variables, there
is no way to estimate the cost.
Councilmember Posey suggested that the wood from trees that must be removed possibly be recycled
into park amenities such as benches. He further stated that the majority of park development funds
come from developer fees.
Councilmember Bolton suggested a link be established between the City's website directly to the Edison
Park project website to make the project website easier to access. Councilmember Bolton and Director
Slama discussed exploring whether any of the existing impacted trees could be relocated .
Councilmember Kalmick confirmed with Director Slama it is anticipated that there will be a net of more
than 100 trees for this project. There was discussion that if the Huntington Beach School District were to
put a road through a portion of Edison Park it would require City approval, and presently there has not
been any discussions on that possibility.
Councilmember Kalmick and Director Slama continued their discussion on dual use of playing fields
which will be accessible open green space when there is no practice or games; Southern California
Edison (SCE) easements; repurposing and relocating courts on landfill; entrance change; and possible
impact of Measure C requirements.
Councilmember Moser stated her appreciation for staff and RJM Design Group response to
neighborhood concerns. She stated her support for Option C; and appreciation for knowing that there
will be a net of more trees than will be removed; effort for reciprocal parking arrangements; the need for
better outreach ; and continued public input as the project moves forward .
Mayor Carr, Director Slama and Ms . McClory discussed the current number of parking spaces vs . Option
C parking spaces; options to prevent overnight use; timing for lights; placement and use of picnic tables ;
the design process will include ADA compliance; the pump track priority during feedback; and recognition
of how various activity options could impact the number of trees or amount of green space .
Mayor Carr suggested future outreach include door-to-door efforts , and expressed her concerns about
ensuring there are soccer playing fields for next Fall. Director Slama stated there was never any
expectation that the City would provide soccer playing fields for next fall , and added that AYSO,
Huntington Beach School District and City staff are in continued discussions to determine appropriate
solutions.
Mayor Pro Tern Delgleize and Ms . McClory discussed additional geotechnical studies and testing may be
required to confirm cause of the settling issues and possible refinement of the plan .
Mayor Pro Tern Delgleize confirmed with City Attorney Gates that until a more specific plan is in place
Measure C impacts are unknown, but it is important to be aware of Measure C requirements moving
forward.
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Council/PFA Regular Minutes
November 16, 2021
Page 19 of 23
Councilmember Moser confirmed with Director Slama that plans do include peace and calm spaces ,
especially during the day, and discussion on the plan for newer, more modern lights which are more
directional and focused , as well as additional trees to increase the perimeter buffer.
A motion was made by Delgleize , second Carr to approve the final Edison Park reconfiguration
conceptual plan (Option CJ, and authorize staff to move forward with initiating development of the design
and bid package for construction of the updated facility .
The motion, as amended by Supplemental Communication (Option CJ carried by the following vote :
AYES :
NOES:
Peterson , Bolton , Delgleize , Carr, Posey, Moser, and Kalmick
None
Pursuant to Resolution No. 2015-46, at approximately 10:50 PM a consensus of Council was
reached to continue the meeting past the hour of 11 :00 PM.
28 . 21 -880 Approved Introduction of the Proposed Memorandum of Understanding Between
the Huntington Beach Firefighters' Association (HBFA) and the City of Huntington
Beach for July 1, 2021, through December 31, 2023
City Manager Chi introduced Interim Director of Administrative Services Brittany Mello and Fire Chief
Haberle who presented a PowerPoint communication titled Introduction of Proposed Memoranda of
Understanding with Huntington Beach Firefighters' Association and Fire Management Association with
slides entitled : Overview, Proposed Memoranda of Understanding, FY 2021122 Fisca l Impact, FY
2022123 Fiscal Impact, FY 2023124 Fiscal Impact, and City Council Options.
Councilmember Peterson stated that this was the only bargaining unit which offered to give up any
increase during the City's financial troubles a few years ago, adding that he is happy to support proposed
Memorandum of Understandings (MOUs) for both the HBFA and FMA.
Councilmember Posey stated his agreement with Councilmember Peterson's comments, and added that
as pay and benefits decline there is the risk of losing good talent to other agencies, and he supports this
effort to ensure Huntington Beach is able to retain the best and brightest staff.
Councilmember Kalmick commended these frontline workers for their extra efforts during the COVID-19
pandemic and stated his support for keeping Huntington Beach competitive .
A motion was made by Peterson, second Delgleize to approve the introduction of the proposed
Memorandum of Understanding between the Huntington Beach Firefighters' Association and the City of
Huntington Beach for the period of July 1, 2021, through December 31 , 2023.
The motion carried by the following vote :
AYES :
NOES:
Peterson , Bolton, Delgleize, Carr, Posey, Moser, and Kalmick
None
29. 21-889 Approved Introduction of the Proposed Memorandum of Understanding Between
the Huntington Beach Fire Management Association (FMA) and the City of
Huntington Beach for July 1, 2021, through December 31, 2023
199
CITY COUNCIL
PRESENTATION
NOVEMBER 16,2021
PRESENTED BY: RJM DESIGN GROUP
200
PROJECT PURPOSE
TimelinePurpose Background Outreach Conceptual Plan City Council
TO DEVELOP AN EDISON PARK
CONCEPTUAL PLAN THAT WILL GUIDE
CURRENT AND FUTURE PARK AND
RECREATION DEVELOPMENT;
BASED ON COMMUNITY-WIDE
INPUT + PROFESSIONAL ANALYSIS
201
PROJECT TIMELINE
TimelinePurpose Background Outreach Conceptual Plan City Council
•BACKGROUND DATA
COLLECTION
•SITE INVENTORY AND ANALYSIS
•OPPORTUNITIES AND
CONSTRAINTS
PROFESSIONAL
ANALYSIS
•PROJECT WEBSITE
•VIRTUAL ONLINE SURVEYS
•IN PERSON COMMUNITY
WORKSHOP + DESIGN
CHARRETTE
•VIRTUAL ONLINE FEEDBACK
SURVEY
COMMUNITY
OUTREACH •CONSENSUS BUBBLE DIAGRAM
•PRELIMINARY CONCEPTUAL PLAN
•REFINED CONCEPTUAL PLAN
•COMMUNITY & LIBRARY SERVICES
COMMISSION
•FINAL RECOMMENDATIONS TO
CITY COUNCIL
CONCEPTUAL
PLAN
202
COMMUNITY OUTREACH
TimelinePurpose Background Outreach Conceptual Plan City Council
OUTREACH
ADVERTISING
•PROJECT WEBSITE bit.ly/hbedisonpark
•CITY WEBSITE, CITY FACEBOOK / SOCIAL MEDIA
•COUNCIL MEETINGS & CM NEWSLETTER
•VARIOUS COMMUNITY GROUPS CONTACTED
•COMMUNITY & LIBRARY SERVICES COMMISSION
(MEETING NOTICES MAILED / LOCAL NEWSPAPERS)
•FLYERS AT COMMUNITY CENTER
203
VIRTUAL
ONLINE SURVEY
#1
VIRTUAL
ONLINE SURVEY
#2
IN PERSON
COMMUNITY
WORKSHOP
IN PERSON
COMMUNITY
DESIGN
CHARRETTE
VIRTUAL
ONLINE
FEEDBACK
SURVEY
COMMUNITY OUTREACH
TimelinePurpose Background Outreach Conceptual Plan City Council
•SURVEY 1 -160 PARTICIPANTS
•SURVEY 2 –295 PARTICIPANTS
•COMMUNITY WORKSHOP –10 PARTICIPANTS
•COMMUNITY DESIGN CHARRETTE –45 PARTICIPANTS
•FEEDBACK SURVEY –90 PARTICIPANTS
•FEEDBACK COMMENTS –23 PARTICIPANTS
•WEBSITE VIEWS –4, 034
623 TOTAL PARTICIPANTS
204
VIRTUAL
ONLINE SURVEY
#1
COMMUNITY OUTREACH
TimelinePurpose Background Outreach Conceptual Plan City Council
1.How do you recreate at Edison Park?
2.What do you like most about Edison Park and why?
3.What do you dislike most about Edison Park and why?
4.What are the most important improvements the Community
and Library Services Department can make at Edison Park?
5.What are your most preferred amenities you would like to see
at Edison Park?
205
VIRTUAL
ONLINE SURVEY
#1 RESULTS
COMMUNITY OUTREACH
TimelinePurpose Background Outreach Conceptual Plan City Council
What are your
most preferred
amenities you
would like to see
at Edison Park?
206
COMMUNITY OUTREACH
TimelinePurpose Background Outreach Conceptual Plan City Council
VIRTUAL
ONLINE SURVEY
#2
1.What are the most important ACTIVE recreation amenities /
facilities (new or existing) you would like to see at Edison
Park?
2.What are the most important PASSIVE recreation amenities /
facilities (new or existing) you would like to see at Edison
Park?
3.What are the most important MAINTENANCE / SITE
improvements (new or existing) you would like to see at
Edison Park?
207
COMMUNITY OUTREACH
TimelinePurpose Background Outreach Conceptual Plan City Council
Top Active
Recreation
Improvements
Aquatics / Pool /
Splashpad
Tennis Courts
Skate Park / Skate Spot
Pickleball Courts
Basketball Courts
Top Passive
Recreation
Improvements
Restrooms
Playground (Equipment
/ Surfacing)
Community Center /
Recreation Classes
Trees / Landscape
Dog Area / Dog Park
Top Maintenance /
Site Improvements
Cleanliness
Security
Maintenance
Update / Renovate
Trash / Receptacles
VIRTUAL
ONLINE SURVEY
#2 RESULTS
208
COMMUNITY OUTREACH
TimelinePurpose Background Outreach Conceptual Plan City Council
IN PERSON
COMMUNITY
WORKSHOP
Top Active Recreation
Improvements
Skate Spot / Skate Park
Basketball Courts
Climbing Wall
Pickleball Courts
Aquatics/Pool/Splash Pad, Batting
Cages, Pump Track, Softball Fields,
Sports Fields, Running Track
Top Passive Recreation
Improvements
Community Center / Recreation
Classes
Community Garden
Playground (Equipment / Surfacing)
Restrooms
Bike Paths, Exercise Areas, Picnic
Areas, Trash Receptacles,
Trees/Landscape, Walking Paths
Top Maintenance / Site
Improvements
Cleanliness
Security
Maintenance
Parking
Trash / Receptacles
209
COMMUNITY OUTREACH
TimelinePurpose Background Outreach Conceptual Plan City Council
IN PERSON
COMMUNITY
DESIGN
CHARRETTE
Consensus
Master
Planning
Site
Analysis
Site
Awareness
Tour
Group
Discussions
Design
Charrette
210
COMMUNITY OUTREACH
TimelinePurpose Background Outreach Conceptual Plan City Council
IN PERSON
COMMUNITY
DESIGN
CHARRETTE
211
COMMUNITY OUTREACH
TimelinePurpose Background Outreach Conceptual Plan City Council
IN PERSON
COMMUNITY
DESIGN
CHARRETTE
•Participants divided into 6 groups
•As a group, draw and/or model
your ideas for the park master
plan on the group template
212
COMMUNITY OUTREACH
TimelinePurpose Background Outreach Conceptual Plan City Council
6 GROUP PLANS 6 GROUP BUBBLE
PLANS
1 GROUP
COMPOSITE
PLAN
213
COMMUNITY OUTREACH
TimelinePurpose Background Outreach Conceptual Plan City Council
GROUP
COMPOSITE
PLAN
214
COMMUNITY OUTREACH
TimelinePurpose Background Outreach Conceptual Plan City Council
GROUP
CONSENSUS
PLAN
215
COMMUNITY OUTREACH
TimelinePurpose Background Outreach Conceptual Plan City Council
90 PARTICIPANTS
•51 DID NOT PARTICIPATE IN PREVIOUS OUTREACH
OPPORTUNITIES
•39 DID PARTICIPATE
•TOP COMMENTS RELATED TO:
•TENNIS COURTS
•SKATEPARK
•PICKLEBALL
VIRTUAL
ONLINE
FEEDBACK
SURVEY
•PUMP TRACK
•OPEN SPACE
•TOT LOT
216
CONCEPTUAL PLAN
TimelinePurpose Background Outreach Conceptual Plan City Council
UTILIZE GROUP
PLAN TEMPLATE
217
CONCEPTUAL PLAN
TimelinePurpose Background Outreach Conceptual Plan City Council
•57 new parking stalls, reconfigured parking
lot
•8 dedicated pickleball courts
•8 dual-use pickleball courts overlaid on 2
tennis courts
•4 half-court & 4 full-court basketball courts
•New dog area
•Expanded tot lot
•Expanded skate spot
•New pump track
•Maintain parallel parking on Hamilton Ave
•Maintain existing Edison HS crosswalk
•Install a new crosswalk at Stillwell Dr
CONCEPTUAL
PLAN
OPTION A
218
TENNIS / PICKLEBALL COURT LAYOUT
TimelinePurpose Background Outreach Conceptual Plan City Council
2 pickleball courts
on 1 tennis courts
4 pickleball courts
on 1 tennis courts
219
WHAT’S A PUMP TRACK?
TimelinePurpose Background Outreach Conceptual Plan City Council220
REFINEMENTS TO CONCEPTUAL PLAN A
•The Community & Library Services Commission unanimously
approved “Conceptual Plan A” as the recommend upgrade for Edison
Park
•However, based on additional feedback received from youth sports
groups, staff worked with RJM to develop an alternative concept that
incorporates additional dedicated soccer space into the concept plan
TimelinePurpose Background Outreach Conceptual Plan City Council221
CONCEPTUAL PLAN
TimelinePurpose Background Outreach Conceptual Plan City Council
CONCEPTUAL
PLAN
OPTION B
•3rd dedicated U10 soccer
field added to the SCE
corridor along Hamilton
Avenue
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ADDITIONAL NEIGHBOR CONCERNS RAISED
•In the days after the concept plans for Edison Park were published,
staff received feedback from several neighboring residents to Edison
Park citing additional concerns:
1.Addition of the 57-space parking stall along Stillwell Drive may result in
neighborhood impacts, and the loss of mature trees
2.Sports courts (pickleball, tennis, and basketball) along Magnolia Street would
result in the removal of several large eucalyptus trees
3.Full-sized soccer field overlay on softball fields would create a more intense
use, and result in the removal of mature trees
TimelinePurpose Background Outreach Conceptual Plan City Council223
CONCEPTUAL PLAN
TimelinePurpose Background Outreach Conceptual Plan City Council
1
3
2
1.57-space parking lot addition would
intensify use of the park, and eliminate
mature trees
2.Sports courts would result in removal of
eucalyptus trees
3.Soccer field overlay on softball fields
would result in an intensified use, and
eliminate mature trees
AREAS OF
RESIDENTS
CONCERN
224
CONCERNS ASSESSED, RESPONSE OPTION DEVELOPED
•Proposed parking lot on Stillwell Drive was added based on community feedback,
however, the parking facility could be removed
•Staff would assess offsite parking alternatives to address peak park usage times
•Given site constraints at Edison Park, and the demand for active recreation
components like pickleball, tennis, basketball, and soccer, the removal of trees in
select locations will be necessary to meet the community’s needs
•Of note, the proposed plan to upgrade Edison Park includes the addition of more
than 200 new trees
•Also, if there are particular trees of interest at Edison park, the Public Works team has assessed
that tree relocation efforts can be engaged
TimelinePurpose Background Outreach Conceptual Plan City Council225
CONCEPTUAL PLAN
TimelinePurpose Background Outreach Conceptual Plan City Council
CONCEPTUAL
PLAN
OPTION C
•To address the concerns raised, a
third Conceptual Plan Option C
was developed
•In this plan, the 57-stall parking area
and dedicated dog area located
along Stillwell Drive are removed
226
NEXT STEPS
TimelinePurpose Background Outreach Conceptual Plan City Council
A •PERFORM AND PREPARE COMPUTER / CAD AERIAL TOPOGRAPHIC SITE SURVEY
B
•COMPUTER / CAD DRAFT CONCEPTUAL PLAN ON CAD SITE SURVEY WITH
EXISTING SITE ELEMENTS, UTILITIES, FACILITIES, AMENITIES, BUILDINGS AND TREES
IDENTIFIED
C
•PERFORM SITE GEOTECHNICAL AND ENGINEERING STUDIES BASED ON
CONCEPTUAL PLAN TO CONFIRM FEASIBILITY OF DESIGN
D
•REFINE CONCEPTUAL PLAN BASED ON ENGINEERING INFORMATION, CITY PLAN
CHECK DESIGN REQUIREMENTS, PROGRAMMING NEEDS, COMMUNITY OUTREACH
E
•PREPARE DESIGN DEVELOPMENT PLANS AND DETAILS BASED ON REFINED
CONCEPTUAL PLAN AND COMMUNITY INPUT
DESIGN DEVELOPMENT AND GEOTECHNICAL / ENGINEERING ANALYSIS
227
CITY COUNCIL OPTIONS
•Option A:Select the Edison Park reconfiguration conceptual plan as approved by
the Community & Library Services Commission, and authorize staff to move
forward with initiating development of the design and bid package for construction
of the updated facility.
•Option B:Select the revised Edison Park reconfiguration conceptual plan,
exhibited as Option B, and authorize staff to move forward with initiating
development of the design and bid package for construction of the updated facility.
•Option C:Select the revised Edison Park reconfiguration conceptual plan,
exhibited as Option C, and authorize staff to move forward with initiating
development of the design and bid package for construction of the updated facility.
TimelinePurpose Background Outreach Conceptual Plan City Council228
THANK YOU
229
Edison Community Park
Conceptual Design by RJM Design Group
230
City of Huntington Beach
2000 Main Street,
Huntington Beach, CA
92648
File #:22-141 MEETING DATE:3/1/2022
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Sean Joyce, Interim City Manager
PREPARED BY:Ursula Luna-Reynosa, Director of Community Development
Subject:
Approve and authorize a First Amendment to the Exclusive Negotiating Agreement
(ENA) with Surf City Partners, LLC for 21 Main Street at the Huntington Beach Pier
Statement of Issue:
The City Council is requested to authorize execution of a First Amendment to the Exclusive
Negotiating Agreement (ENA) with Surf City Partners, LLC. The ENA establishes duties and
obligations related to the negotiation of a lease agreement for 21 Main Street. The purpose of
the First Amendment is to expand the property area beyond the pier concession building to
include the pier restroom building and adjacent area that sits directly across from the site.
Financial Impact:
There is no financial impact associated with this request. Successful negotiations will culminate
in a draft lease with Surf City Partners, LLC and submitted to City Council for consideration.
The rental rate and projected lease revenues will be provided for City Council deliberations .
Recommended Action:
Approve and authorize the Mayor and City Clerk to execute the “First Amendment Exclusive
Negotiating Agreement Between City of Huntington Beach and Surf City Partners, LLC" to
expand the property area to include the pier restroom building and surrounding area as part of
the 21 Main Street property description.
Alternative Action(s):
Do not approve the recommended action and direct staff accordingly.
Analysis:
On September 7, 2021, Council directed staff to prepare an Exclusive Negotiating Agreement
(ENA) with Surf City Partners, LLC (SCP) for an approximately 800 square foot concession
building located at 21 Main Street on the Huntington Beach Pier. On November 2, 2021, Council
approved the ENA,which commenced good-faith negotiations between the City and SCP,
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approved the ENA,which commenced good-faith negotiations between the City and SCP,
intended to culminate in a mutually acceptable lease that will set forth the terms and conditions
for improving the site as a restaurant; including design, financing, construction, and operation of
the project.
SCP's proposal reimagines the existing retail concession space into a full-service restaurant.
The ENA provides an opportunity to analyze the feasibility of the project by exploring code
requirements related to the change of use and proposed remodel. SCP has obtained feedback
from regulatory agencies regarding its proposed project. To accomplish the desired seating
capacity, which affects projected revenues, additional area is need to accommodate food
storage.
SCP is requesting to utilize the pier restroom building located directly across the site to
accommodate the restaurant’s restroom requirements and to add additional square footage
(approximately 450 square feet) to the restroom building for ancillary food storage space. Per
Council commentary during the September 7, 2021 study session, staff supports the expansion
of the site as long as all code requirements are satisfied. SCP has offered to improve and
maintain the public restrooms, which would be memorialized as part of the lease.
Since the property description included in Exhibit A of the ENA did not include this expanded
area, the City Attorney’s office has concluded that an amendment to the ENA is required for the
additional restroom area to be considered in lease negotiations. Please refer to Attachment 1 for
the First Amendment which includes a revised Exhibit A showing the expanded property area.
Following the amendment, SCP will continue to work to secure requisite approvals for the
project and negotiate lease terms. The draft lease will be submitted to the City Council for
consideration at a future City Council meeting. In the interim, the current tenant, Let's Go
Fishing, continues its month-to-month tenancy.
Environmental Status:
Pursuant to CEQA Guidelines Section 15378(b)(5), organizational or administrative activities of
governments that will not result in direct or indirect physical changes to the environment, do not
constitute a project. If negotiations are successful, a lease agreement will be brought forward for
City Council consideration and an environmental assessment will be conducted at that time.
Strategic Plan Goal:
Economic Development & Housing
Attachment(s):
1.First Amendment to the ENA
2.ENA
3.November 2, 2021 RCA and Minutes
4.September 7, 2021 RCA and Minutes
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Council/PFA Regular Minutes
November 2, 2021
Page 10of17
22. 21-773 Approved and authorized execution of a Reinstatement and Second Amendment
to Site Access Agreement between the City and Chevron Environmental
Management Company (EMC) to conduct environmental work for City-owned
property located at 18477 Beach Boulevard
A motion was made by Carr, second Delgleize to approve and authorize the Mayor and City Clerk to
execute the "Reinstatement and Second Amendment to Site Access Agreement" between the City of
Huntington Beach and Chevron Environmental Management Company (EMC).
The motion carried by the following vote:
AYES:
NOES:
23. 21 -786
Peterson, Bolton, Delgleize, Carr, Posey, Moser, and Kalmick
None
Approved and authorized execution of Professional Services Contracts for On-
Call Construction Management and Engineering Services with Arcadis , U.S., Inc.,
Ardurra, Inc., Berg & Associates, Inc., Dudek, Psomas, RMA Group, Inc., Totum
Corp, and Wallace & Associates, Inc.
A motion was made by Carr, second Delgleize to approve and authorize the Mayor and City Clerk to
execute a $2 ,000 ,000 "Professional Services Contract Between the City of Huntington Beach and
Arcadis, U.S., Inc., for On-Call Construction Management and Engineering Services;" and , approve and
authorize the Mayor and City Clerk to execute a $2,000 ,000 "Professional Services Contract Between
the City of Hunti ngton Beach and Ardurra, Group, Inc., for On-Call Construction Management and
E ngineering Services;" and , approve and authorize the Mayor and City Clerk to e x ecute a $2,000,000
"Professional Services Contract Between the City of Huntington Beach and Berg & Associates, Inc., for
On-Call Construction Management and Engineering Services;" and, approve and authorize the Mayor
and City Clerk to e xecute a $2,000,000 "Professional Services Contract Between the C ity of Huntington
Beach and Dudek, for On-Call Construction Management and E ngineering Services;" and, approve and
. authorize the Mayor and City Clerk to execute a $2,000,000 "Professional Services Contract Bet ween
the City of Huntington Beach and Psomas, for On-Call Construction Management and Engineering
Services ;" and, approve and authoriz e the Mayor and City Clerk to execute a $2,000,000 "Professional
Services Contract Between the City of Huntington Beach and RMA Group, Inc., for On-Call
Construction Management and Engineering Services ;" and , approve and authorize the Mayor and City
Clerk to execute a $2,000,000 "Professional Services Contract Between the City of Huntington Beach
and Totum Corporation , for On-Call Construction Management and Engineering Services;" and,
approve and authorize the Mayor and City Clerk to e xecute a $2 ,000,000 "Professional Services
Contract Between the City of Huntington Beach and Wallace & Associates Consulting, Inc., for On-Call
Construction Management and Engineering Services."
The moti on carri ed by the following vote:
AYES:
NOES:
Peterson , Bolton, Delgleize, Carr, Posey , Moser, and Ka l mick
None
24. 21-787 Approved and authorized execution of an Exclusive Negotiating Agreement (ENA)
with Surf City Partners, LLC for 21 Main Street at the Huntington Beach Pier
251
Council/PFA Regular Minutes
November 2, 2021
Page 11of17
A motion was made by Carr, second Delgleize to approve and authorize the Mayor and City Clerk to
execute the "Exclusive Negotiating Agreement Between City of Huntington Beach and Surf City
Partners , LLC" to negotiate the terms of a lease agreement for 21 Main Street.
The motion carried by the following vote :
AYES :
NOES :
Bolton, Delgleize , Carr, Posey, Moser, and Kalmick
Peterson
25. 21-793 Authorized execution of documents for permanent highway and temporary
construction easements to Caltrans for Transportation Improvement Project State
Route 1 -PCH and Main Street
A motion was made by Carr, second Delgleize to authorize the Mayor to execute "Easement Deed
Highway" "Certificate of Occupancy and Receipt of Relocation Information" "Right of Way Contract" and
"Right of Entry Form" for the transfer of property rights for the subject project easements.
The motion carried by the following vote :
AYES :
NOES :
Peterson , Bolton, Delgleize , Carr, Posey, Moser, and Kalmick
None
26. 21-804 Adopted Ordinance No. 4236 approving Zoning Map Amendment No. 20-002
(Gisler Residential -21141 Strathmoor Lane)
Approved for introduction 10/19/2021, Vote: 6-0-1 (Peterson-Absent)
A motion was made by Carr, second Delgleize to adopt Ordinance No. 4236, "An Ordinance of the City
of Huntington Beach Amending the Huntington Beach Zoning and Subdivision Ordinance to Rezone the
Real Property Located at 21141 Strathmoor Lane from Public-Semipublic (PS) to Residential Low
Density (RL) (Zoning Map Amendment No. 20-002.)" (Attachment No. 3)
The motion carried by the following vote:
AYES : Peterson, Bolton, Delgleize, Carr, Posey , Moser, and Kalmick
NOES: None
27. 21-805 Adopt Ordinance No. 4237 amending Huntington Beach Municipal Code Chapter
10.12 relating to speed limits on Atlanta Avenue between Huntington Street and
Beach Boulevard
Approved for introduction 10/19/2021, Vote: 6-0-1 (Peterson-Absent)
A motion was made by Carr, second Delgleize to adopt Ordinance No . 4237 , "An Ordinance of the City
of Huntington Beach Amending Chapter 10.12.080 of the Huntington Beach Municipal Code Relating to
Speed Limits ."
The motion carried by the following vote :
AYES :
NOES :
Peterson, Bolton, Delgleize , Carr, Posey, Moser, and Kalm ick
None
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City of Huntington Beach
2000 Main Street,
Huntington Beach, CA
92648
File #:22-162 MEETING DATE:3/1/2022
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Sean Joyce, Interim City Manager
PREPARED BY:Travis K. Hopkins, Assistant City Manager
Subject:
Proposed City Council Sponsored Initiative Regarding Cannabis Business Tax
Statement of Issue:
In 1996, California voters adopted Proposition 215, known as the Compassionate Use Act (“CUA”),
which enabled persons to purchase and used marijuana for legitimate medical purposes under
limited, specific circumstances. In 2004, the Medical Marijuana Program Act ("MMPA") was enacted,
providing certain legal protections to qualifying patients and primary caregivers who collectively or
cooperatively cultivate marijuana for medical purposes.
In 2015, the State Legislature again acted to adopt laws further legalizing marijuana/cannabis-related
business activities in what is known as the Medical Marijuana Regulation and Safety Act ("MMRSA").
MMRSA generally requires all individuals who are engaged in "commercial cannabis
activities" (defined to include cultivators, manufacturers, testers, dispensaries, distributers, and
transporters) to obtain both a State license and local permit (if one is required) prior to commencing
operations. While State agencies have since adopted regulations relating to medical and commercial
cannabis (e.g., labeling and production of edibles, use of pesticides, environmental impacts of
cultivation, and cumulative impacts of water diversion), those regulations and the MMRSA only
established minimum statewide standards relating to commercial cannabis activities .
In 2016, the City adopted two ordinances banning all medical and recreational cannabis/marijuana
related activities. In November 2016, California voters approved Proposition 64 - The Control,
Regulate and Tax Adult Use of Marijuana Act, legalizing recreational adult-use of cannabis in
California for individuals 21 years age and older. The measure took immediate effect. Prop 64
created the Bureau of Cannabis Control, as well as the issuance of new regulations from existing
State Departments (such as the Department of Consumer Affairs) to deal with the growing
cannabis/marijuana industry since roughly January 2018 . Since that time, many California cities
allowed cannabis- related businesses to operate, pursuant to the respective municipal codes and
taxed said businesses. Locally, 53% of Huntington Beach registered voters who cast ballots in that
election supported Prop 64. In 2017, the Medicinal and Adult-Use Cannabis Regulation and Safety
Act (MAUCRSA) was adopted to create a more comprehensive regulatory structure for all
commercial cannabis activities.
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Despite legalization of cannabis-related businesses through the CUA, the MMPA, and Prop 64, the
manufacturing, distribution, and sale of marijuana/cannabis remains unlawful in Huntington Beach. In
addition, the Federal Controlled Substance Act (21 U.S.C. §§812, 841, 844) prohibits on a national
level the manufacturing, distribution, and sale of marijuana.
Since the passage of these new statewide marijuana/cannabis laws, the State and municipalities
have developed regulations and licensing structures to regulate cultivation, manufacturing,
distribution, and sales. Though cannabis-related businesses are prohibited in Huntington Beach, the
City Council (or voters through an initiative) could permit the taxation and regulation of such
businesses. Notably, only voters can approve new taxes.
Proponents in favor of allowing commercial cannabis activity in the City have submitted a Notice of
Intention to circulate an initiative measure to the City Clerk’s office, proposing legalization, taxation
and regulation of commercial cannabis businesses in the City. The initiative measure with its
attendant regulatory structure was created without City Council or staff input.
At a December 21, 2021 Cannabis Study Session the City Council’s general direction was that the
City should position itself to establish its own law to regulate commercial cannabis activities in the
City. The City Council created an ad-hoc subcommittee consisting of Councilmembers Rhonda
Bolton, Dan Kalmick, and Erik Peterson to discuss this matter further and come back to the City
Council with recommendations.
Financial Impact:
Per the Orange County Registrar of Voters, the cost to add one (1) measure on the June 7, 2022
Primary Election ballot is approximately $317,000 to $450,000. This cost is based primarily on the
number of registered voters, of which there are approximately 133,000 in Huntington Beach.
Narrowing the range to a final cost will depend on a few other factors including: the total number of
entities placing items on the ballot and thereby sharing in certain election costs; the number of ballot
pages required for the City’s measure at approximately $8,500 for every 2 pages; and expenses such
as postage, printing, and other forms of cost recovery.
It should be noted that adding a second measure on the June ballot does not double the total election
cost. Rather the cost for the second measure is limited to the cost for the number of ballot pages
required.
As a matter of comparison, if the City Council forgoes the June 2022 Primary Election and places a
ballot measure on the November 2022 General Election, which the City has previously committed to
participating in for the upcoming City Council and City Attorney elections, the cost of that measure
would be approximately $25,500 based on the estimated six pages required.
If cannabis-related businesses were to be permitted, it is difficult to estimate the tax revenue that
would be generated for the City as it can vary greatly depending on the number and type of
businesses permitted by the City. However, based on a 2019 report of HdL Company, it is estimated
that permitting and taxing a limited number of cannabis-related businesses, including retailers, could
generate roughly $300,000 to $600,000 in tax revenue annually.
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It is the subcommittee’s recommendation to establish fees for 100% cost recovery of city expenses,
which can be estimated by staff and approved annually by the City Council via resolution. However,
it should be noted that the City will likely incur additional costs associated with administering the tax
and regulating cannabis activities such as police, code enforcement, business support and oversight
of the program to name a few. Such costs are undetermined at this time.
Recommended Action:
If the City Council wishes to put a tax ballot measure before voters in June as a special tax, the
following actions are recommended:
A) Adopt Resolution No. 2022-07, “A Resolution of the City Council of the City of Huntington Beach ,
B)Direct staff to schedule a future meeting date at which the City Council can further consider
the implications of various unresolved policy/regulatory matters associated with cannabis, after
which time the City Attorney can prepare and return to the City Council for its consideration, a
regulatory ordinance regarding cannabis regulations for City Council adoption or voter approval; and
C)Authorize a General Fund appropriation of up to $450,000 in Account 10010201.69505 for
the OC Registrar of Voters to cover all associated election costs related to placing the measure on
the June 7, 2022 ballot.
However, if the City Council wishes to put a tax measure before voters in November as a general
tax, the following actions are recommended:
1) Direct staff to return to the City Council to adopt the draft resolution (Attachment 2); and,
2) Direct staff to schedule a future meeting date at which the City Council can further consider
the implications of various unresolved policy/regulatory matters associated with cannabis, after
which time the City Attorney can prepare and return to the City Council for its consideration, a
regulatory ordinance regarding cannabis regulations for City Council adoption or voter approval.
If this option is selected, the cost of election will be budgeted in the FY2022-23 budget.
Alternative Action(s):
As directed by the City Council. It is noted, however, that the City Council must adopt a resolution
associated with the June 7, 2022 ballot on or before March 11, 2022.
Analysis:
Special Tax vs. General Tax
Special Tax
If the Council decides to place a cannabis-related tax measure on the June 7, 2022 Primary Election
ballot, the measure must be consolidated with the Primary election and can only be conveyed to the
voters as a special tax. A special tax must be approved by 2/3 of voters, and if successful, could
provide an indicator as to the citizen’s interest in allowing cannabis in the City. In addition, if the
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Measure passes and cannabis-related businesses become legal in Huntington Beach, a tax will
already be in place to capture City revenue.
As discussed, if the Measure goes forward as a special tax measure on the June Primary election, a
2/3 vote of the electorate is required and the tax revenue must be deposited into a separate fund (not
the General Fund), the Chief Finance Officer must report annually the statue of the fund and the
funds may only be used for specified purposes. For Council consideration, staff proposes the
following areas to direct the revenue:
·Police services for public safety and security, and
·Behavioral health and homeless prevention and intervention programs and services including
but not limited to the City’s homeless task force efforts, Navigation Center operation, and Be
Well Crisis Mobile Program.
Council must adopt a Resolution (Attachment 1) on or before March 11, 2022 in order to consolidate
the City election with the Statewide Primary.
General Tax
If the Council places the measure on the November ballot instead, the measure can be a general tax
and proceeds can go to the general fund for any general municipal services. The additional cost of
this ballot measure on the General Election would be approximately $8,500 for the measure (every 2
pages), since the City is already participating for the upcoming City Council elections.
Government Code section 53724, requires the resolution calling for a general tax to be placed on a
general municipal election be adopted by 2/3 of the Legislative Body.
Proposed Tax Rates
A survey of several California cities and counties reveals a wide variety of cannabis tax structures. It
should be noted that the City’s cannabis tax will be addition to the State’s 15% excise tax and 7.75%
sales taxes, making the cumulative tax rate to range from 25-30%.
Some jurisdictions provide non-to-exceed cannabis tax rates, with the governing bodies having the
option to adjust within a range of business tax rates. Many apply the lower rates to non-retailers such
as manufacturing and testing labs, than retailers.
The proposed tax rates by Staff and the Subcommittee are:
·Up to 1% for non-retailers (indoor cultivation, manufacturing, testing laboratory, and
distribution) and;
·Up to 6% for retailers (both storefront and delivery) and;
·Allowing flexibility for the City Council to adjust tax rates between minimum and maximum
voter-approved rates for each type of cannabis businesses to address yet unpredictable,
emerging economic conditions.
Cannabis Tax Ballot Measure
The proposal included in the Ordinance combines business tax rate and implementation concepts
from the other agencies surveyed, but is premised on ensuring that all cannabis-related businesses
contribute tax revenue to the community. The proposed ordinance establishes tax rates regardless of
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City actions that may be taken in the future regarding allowing cannabis-related businesses to
operate via changes to land use regulations.
In addition to establishing tax rates, the attached Resolution (Attachment 1) includes a proposed
ballot question, deadline to submit direct (3/11/2022) and rebuttal (3/21/2022) arguments, and it
directs the City Attorney to draft and submit an impartial analysis of the measure by MARCH, 11,
2022.
Council as a whole, or any member of members authorized by the City Council may submit ballot
arguments, for or against the measure pursuant to Elections Code section 9281 and 9282. If the
motion moves forward, the Council should consider adopting a motion designating a subcommittee to
draft an argument on its behalf, or designating specific Council Members to draft an argument under
their names. In the event such a Council authorized argument is not prepared, individual voters
(including Council Members) can submit an argument, and a priority is set forth by Election Code
Section 9287 to be applied by the City Clerk in selecting the ballot argument to use (only one may be
used.)
Environmental Status:
Adoption of the proposed ordinance is exempt under the California Environmental Quality Act
pursuant to Business & Profession Code section 26055(h),and Sections 15061(b)(3) and 15378(b)
of Title 14 of the California Code of Regulations, because there is no possibility that it could have a
potentially significant effect on the environment.
Strategic Plan Goal:
Homelessness Response
Attachment(s):
1. Resolution 2022-07 and Ordinance for Special Election
2. DRAFT Resolution 2022-XX and Ordinance for General Election
3. Memo from Cannabis Ad hoc subcommittee Members Bolton and Kalmick attached at their
request
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Letter from Cannabis Ad Hoc Committee Members, Dan Kalmick and Rhonda Bolton
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: RHONDA BOLTON, CITY COUNCIL MEMBER
DAN KALMICK, CITY COUNCIL MEMBER
DATE: FEBRUARY 24, 2022
SUBJECT: Recommendation for Council on March 1 Special Tax Vote
Honorable Mayor and Councilmembers,
As you know, the City has received two petitions (to date) seeking ballot questions on an
ordinance to allow retail cannabis sales within the City, and we have expressed a desire to
stay ahead of such efforts so that we can craft a proposed measure that is tailored to the
needs and expectations of our City. In light of these factors, it is our opinion that taking
incremental steps on Cannabis policy is the most prudent and deliberate approach to
accomplish these policy goals.
The first step is placing a Special Tax measure on the ballot for the June primary thus allowing
our residents to weigh in on whether they want Cannabis legally taxed in Huntington Beach.
We feel that a tax not to exceed 6% would be appropriate.
To pass, a Special Tax will require two-thirds of residents to agree. This will signal to Council,
early in the process, that a super majority of our residents agree with the policy direction. We
believe that the Special Tax should be directed towards Public Safety / Education and
Homelessness. These are the top quality of life concerns for residents and any additional
revenue streams should be directed to those two top priorities, consistent with the Council’s
previously articulated Strategic Planning Goals.
Asking voters to approve the tax in June will also stunt the two proposed third-party voter
initiatives and allow our Cannabis Ad Hoc Committee to continue to work with Council on
crafting an ordinance and regulations specific to Huntington Beach. Note that voting to place
the Special Tax on the ballot for June does not preclude the Council from placing the
completed ordinance on the November ballot if the Council decides it does not want to pass
the ordinance and adjust land use through the regular process (Planning Commission and City
Council Public Hearings).
We have plenty of additional work to do on this topic and this is the first step. We ask that
Council vote to place the Special Tax on the June ballot.
310
City of Huntington Beach
2000 Main Street,
Huntington Beach, CA
92648
File #:22-092 MEETING DATE:3/1/2022
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Sean Joyce, Interim City Manager
PREPARED BY:Ursula Luna-Reynosa, Director of Community Development
Subject:
Adopt Interim Urgency Ordinance No. 4249 amending the Huntington Beach Zoning and
Subdivision Ordinance to establish objective standards for urban lot splits and housing units
constructed in accordance with Senate Bill 9
SIX AFFIRMATIVE VOTES ARE REQUIRED TO ADOPT THIS ORDINANCE PER GOVERNMENT
CODE SECTION 65858
Statement of Issue:
Transmitted for City Council consideration is an Urgency Ordinance amending the Huntington Beach
Zoning and Subdivision Ordinance (HBZSO) by adding Chapter 237 -Objective Standards for SB 9
Development Projects, to establish interim development standards and review procedures for
projects proposed pursuant to Senate Bill 9 (SB 9). SB 9 requires cities to ministerially approve two
unit developments and/or parcel maps to subdivide an existing lot in single-family residential zones.
If adopted, the urgency ordinance would be in effect for an initial 45-day period, unless further
extended pursuant to the provisions of Government Code section 65858.
Financial Impact:
There will be no direct financial impact.
Recommended Action:
Adopt Urgency Ordinance No. 4249, “An Interim Ordinance of the City Council of the City of
Huntington Beach Adding Chapter 237 to Title 23 of the Huntington Beach Zoning and Subdivision
Ordinance to Provide Objective Standards for Urban Lot Splits and Housing Units Built in Accordance
with Senate Bill 9, Declaring the Urgency Thereof, and Making a Finding of Exemption Under CEQA.”
Alternative Action(s):
A. Do not adopt Urgency Ordinance No. 4249
B. Continue Urgency Ordinance No. 4249 and direct staff accordingly.
Analysis:
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A.PROJECT PROPOSAL:
The proposed urgency ordinance would amend the HBZSO by adding Chapter 237 -Objective
Standards for SB 9 Development Projects, establishing development standards and review
procedures for projects proposed pursuant to Senate Bill 9. Effective January 1, 2022, SB 9 adds
Sections 65852.21 and 66411.7 to the Government Code. Section 65852.21 requires cities to
consider a proposed housing development containing no more than two residential units within a
single-family residential zone ministerially, without discretionary review or hearing, if the proposed
housing development meets certain requirements. Section 66411.7 requires local agencies to
ministerially approve a parcel map for an “urban lot split” meeting certain requirements. Both
statutes permit the City to impose objective zoning, subdivision, and design standards on such
projects as long as those standards would not have the effect of physically precluding the
construction of up to two units on a lot or physically preclude either of the two units from being at
least 800 square feet in floor area.
The proposed ordinance would establish the development standards and review procedures for
an interim period until the HBZSO is amended to incorporate permanent standards and
procedures.Government Code section 65858 authorizes the City Council by a 4/5 vote to adopt,
as an urgency measure, an interim ordinance for the immediate preservation of the public peace,
health or safety. Urgency ordinances do not require public hearings and may become effective
immediately upon adoption.
B.BACKGROUND:
SB 9 was signed into law by Governor Newsom on September 16, 2021, and became effective on
January 1, 2022. SB 9 was part of the California Senate’s 2021 Housing Production Package, a
group of housing laws aimed at increasing housing supply throughout the state.
Summary of SB 9
To qualify for ministerial approval under SB 9, a two-unit development or urban lot split must satisfy
specified criteria. These qualifying criteria include, but are not limited to the following:
·The property must be located within a single-family residential zone.
·The proposed development cannot be located within a historic district or on property included on the
State Historic Resources Inventory, or within a site designated or listed as a city landmark or historic
property pursuant to a city ordinance.
·The development site cannot be prime farmland, wetlands, a site identified for conservation or habitat
preservation, or a regulatory floodway and the development must meet specified standards if it is
located in high or very high fire hazard severity zone, the flood zone, or within an earthquake fault
zone.
·The proposed development cannot require the demolition or alteration of housing occupied by a tenant
within the last three years.
·The proposed development cannot require the demolition or alteration of housing subject to a recorded
covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate,
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covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate,
low, or very-low income.
·The proposed development cannot require the demolition or alteration of housing subject to any form of
rent or price control.
·An owner of the property cannot have removed residential units on the property from the rental market
under the Ellis Act within the last 15 years.
·If the site has been occupied by a tenant within the last three years, the proposed development cannot
allow for the demolition of more than 25% of the existing exterior structural walls (unless allowed by
local ordinance).
In addition, in the case of an urban lot split:
·The parcel map must subdivide an existing lot to create no more than two new lots of approximately
equal lot area, provided that one lot shall not be smaller than 40% of the lot area of the original lot;
·Unless the city otherwise allows, both newly created lots must be no smaller than 1,200 square feet;
·The lot proposed to be subdivided must not have been established through a prior urban lot split;
·The subject lot cannot be adjacent to any lot established through an urban lot split by the owner of the
subject lot or by any person acting in concert with the owner of the subject lot; and
·Except as otherwise provided in SB 9, the proposed subdivision must comply with all objective
requirements of the Subdivision Map Act.
In limited circumstances, a city may deny an application for an SB 9 two-unit development or urban lot
split where the proposed project would have a specific, adverse impact upon health and safety or the
physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the
specific, adverse impact.
SB 9 also outlines what types of regulations a local jurisdiction can and cannot impose on an SB
9 project:
Regulation Permitted Not Permitted
Subdivision
Requirements
- Easements for provision of public services -
Easements to ensure subdivided lots have
access to the public right-of-way
- Dedication of right-of-way - Construction
of off-site improvements - Correction of
nonconforming zoning conditions
Objective
Standards
- Objective zoning, subdivision, and design
standards
- No setback can be required if unit is built
within the footprint of existing structure -
Otherwise maximum 4’ setback from side
and rear yards - Standards cannot
physically prevent the development of an
800 s.f. unit on each lot
Parking - Can require one space per unit - Cannot require parking if site is within ½
mile of a high quality transit corridor or
major transit stop or if there is a car share
vehicle within a block of the project
Rental
Restrictions
- Can prohibit short term rental of any units
created through SB 9 - For lot splits, applicants
must submit an affidavit that they intend to
occupy one of the units as a principal
residence for at least 3 years
- No additional owner occupancy
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Regulation Permitted Not PermittedSubdivisionRequirements- Easements for provision of public services -Easements to ensure subdivided lots haveaccess to the public right-of-way - Dedication of right-of-way - Constructionof off-site improvements - Correction ofnonconforming zoning conditionsObjectiveStandards- Objective zoning, subdivision, and designstandards - No setback can be required if unit is builtwithin the footprint of existing structure -Otherwise maximum 4’ setback from sideand rear yards - Standards cannotphysically prevent the development of an800 s.f. unit on each lot
Parking - Can require one space per unit - Cannot require parking if site is within ½
mile of a high quality transit corridor or
major transit stop or if there is a car share
vehicle within a block of the project
Rental
Restrictions
- Can prohibit short term rental of any units
created through SB 9 - For lot splits, applicants
must submit an affidavit that they intend to
occupy one of the units as a principal
residence for at least 3 years
- No additional owner occupancy
requirements are allowed
C.URGENCY ORDINANCE CONTENT:
The proposed urgency ordinance amending the HBZSO has been developed pursuant to the
regulations contained in SB 9 and reflect the minimum standards to protect the public health,
safety and welfare and ensure SB 9 projects do not have a detrimental impact on single-family
neighborhoods within the City. Below is a summary of the provisions of the proposed urgency
ordinance.
Applicability and General Requirements
·Permitted in the Residential Low Density (RL) zoning district and specific plans with RL
districts
·SB 9 project shall comply with all other applicable requirements laws, including the
HBZSO and Municipal Code
·Applicant must affirm the SB 9 project meets the eligibility requirements of SB 9 (as
listed in the Background section of this report)
·Application must include written approval from Homeowners’ Association (HOA), if any
·New rental units created as a result of SB 9 shall be rented at a maximum rent
affordable to low income tenants; a copy of the lease or rental agreement shall be provided
to the City
·Applicant is required to record a covenant on the property with the following provisions:
o Non-residential uses, short-term rentals, and accessory dwelling units shall be
prohibited
o Property owner intends to occupy one of the housing units as their principal
residence for three years
o A subsequent urban lot split on land previously subdivided via an urban lot split
shall be prohibited
o Parking for any existing units shall be maintained
o Access to the public right-of-way shall be maintained in perpetuity
o Residential units on a single lot cannot be sold separately
Review procedures
·Applications for SB 9 projects shall be approved ministerially
·During the City’s review, if the City identifies a potential issue with respect to adequate
water, sewer, traffic flow, or public safety, the City may require the applicant to submit an
Administrative Permit application
·A SB 9 project may be denied if the project, based on a preponderance of the evidence,
would have a specific, adverse impact with no feasible method to mitigate or avoid the
impact
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Objective Standards
·All development standards not specified in the ordinance shall apply the standards of
the base zoning district
·Maximum size: 800 square feet
·Max number of bedrooms: one
·Maximum height: 16 feet/one story
·Side and rear setback: four feet (no encroachments would be permitted)
·Parking: one enclosed or partially enclosed space (i.e. - carport) per new unit; no
parking is required for new units within one-half mile of a high quality transit corridor or a
major transit stop or if there is a car share vehicle within one block of the project
·Design: all new units shall be architecturally consistent with the existing unit with
respect to architectural style, roof pitch, and color
·All new units shall have solar panels
·No rooftop decks shall be permitted
·Additional Lot Split Standards: minimum lot width: 20 feet; access to public right-of-way
must be maintained; flag lots are not permitted for corner lots, through lots, and lots with
alley access.
D.SUMMARY:
Staff recommends the City Council adopt the proposed urgency ordinance as an interim
ordinance, which provides a ministerial process for SB 9 projects in accordance with state law
while ensuring objective standards are in place to protect the City’s single-family residential
neighborhoods from adverse impacts.
Environmental Status:
The proposed ordinance is exempt from CEQA pursuant to Government Code Section 65852.21(j) effective January 1,
2022. Furthermore, the ordinance is exempt from CEQA based on the following reasons. The proposed ordinance is not a
project within the meaning of Section 15378 of the CEQA Guidelines, because it has no potential for resulting in a
physical change in the environment, directly or ultimately. The proposed ordinance is categorically exempt from CEQA
under Section 15308 of the CEQA Guidelines as a regulatory action taken by the City pursuant to its police power and in
accordance with Government Code Section 65858 to assure maintenance and protection of the environment pending the
evaluation and adoption of contemplated local legislation, regulation and policies. The ordinance is also not subject to
CEQA under the general rule in CEQA Guidelines Section 15061(b)(3), which exempts where it can be seen with
certainty that the project will not result in significant environmental effects. Additionally, any development contemplated
under the proposed ordinance must be treated ministerially, and any such projects would be subject to environmental
review requirements pursuant to CEQA.
Strategic Plan Goal:
Economic Development & Housing
Attachment(s):
1. Urgency Ordinance No. 4249, An interim Ordinance of the City Council of the City of Huntington Beach Adding
Chapter 237 to Title 23 of the Huntington Beach Zoning and Subdivision Ordinance to Provide Objective
Standards for Urban Lot Splits and Housing Units Built in Accordance with Senate Bill 9. Declaring the Urgency
Thereof, and Making a Finding of Exemption Under CEQA
2. Legislative Draft of Urgency Ordinance No. 4249
3. SB 9 statute (available at: https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB9)
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@ STATE OF CALlfOl>llA
'W'.>""'' AUTHENTICATED au-:-JJ,' u.tC'ID«\lc.M.MAJDlAL
Senate BiJJ No. 9
CHAPTER 162
An act to amend Section 66452 .6 of, and to add Sections 65852.21 and
66411.7 to, the Government Code, relating to land use.
(Approved by Governor September 16, 2021. Fi led wi th
Secretary of State September 16, 2021.]
LEGISLATIVE COUNSEL'S DIGEST
SB 9, Atkins. Housing development: approvals.
The Planning and Zoning Law provides for the creation of accessory
dwelling units by local ordinance, or, if a local agency has not adopted an
ordinance, by ministerial approval, in accordance with specified standards
and conditions.
This bill, among other things, would require a proposed housing
development containing no more than 2 residential units within a
single-family residential zone to be considered ministerially, without
di scretionary review or hearing, ifthe proposed housing development meets
certain requirements, including, but not limited to, that the proposed housing
development would not require demolition or alteration of housing that is
subject to a recorded covenant, ordinance, or law that restricts rents to levels
affordable to persons and families of moderate, low, or very low income,
that the proposed housing development does not allow for the demolition
of more than 25% of the existing exterior stmctural wall s, except as provided,
and that the development is not located within a historic distr ict, is not
included on the State Historic Resources Inventory, or is not within a site
that is legally designated or listed as a city or county landmark or historic
property or district.
The bill would set forth what a local agency can and cannot require in
approving the constmction of2 residential units, including, but not limited
to, authorizing a local agency to impose objective zoning standards, objective
subdivision standards, and objective design standards, as defined, unless
those standards would have the effect of physically precluding the
constmction of up to 2 units or physically precluding either of the 2 units
from being at least 800 square feet in floor area, prohibiting the imposition
of setback requirements under certain circumstances, and setti ng maximum
setback requirements under all other circumstances.
The Subdivision Map Act vests the authority to regulate and control the
design and improvement of subdivisions in the leg islative body of a local
agency and sets forth procedures governing the loca l agency's processing,
approval, conditional approva l or disapproval, and filing of tentative, final,
and parcel maps , an d the m odification of those maps . Under the Subdivision
Map Act, an approved or cond itionally approved tentative map expires 24
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Ch.162 -2-
months after its approval or conditional approval or after any additional
period of time as prescribed by local ordinance, not to exceed an additional
12 months, except as provided.
This bill, among other things, would require a local agency to ministerially
approve a parcel map for an urban lot split that meets certain requirements,
including, but not limited to, that the urban lot split would not require the
demolition or alteration of housing that is subject to a recorded covenant,
ord inan ce, or law that restricts rents to levels affordable to persons and
families of moderate, low, or very low income, that the parcel is located
within a s ingle-family residential zone, and that the parcel is not located
within a hi storic district, is not included on the State Historic Resources
Inventory, or is not within a site that is legally designated or li sted as a city
or county landmark or historic property or district.
The bill would set forth what a local agency can and cannot require in
approving an urban lot split, including, but not limited to, authorizing a
local agency to impose objective zoning standards, objective subdivision
standards, and objective design standards, as defined, unless those standards
would have the effect of physically precluding the construction of2 units,
as defined, on either of the resulting parcels or physically precluding either
of the 2 units from being at least 800 square feet in floor area, prohibiting
the imposition of setback requirements under certain circumstances, and
setting maximum setback requirements under all other circumstances. The
bill would require an applicant to sign an affidavit stating that they intend
to occupy one of the housing units as their principal residence for a minimum
of 3 years from the date of the approval of the urban lot split, unless the
applicant is a community land trust or a qualified nonprofit corporation, as
specified. The bill would prohibit a local agency from imposing any
additional owner occupancy standard s on applicants. By requiring applicants
to s ign affidavits, thereby expanding the crime of pe1jury, the bill would
impose a state-mandated local program.
The bill would also extend the limit on the additional period that may be
provided by ordinance, as described above, from 12 months to 24 months
and would make other conforming or nonsubstantive changes.
The California Environmental Quality Act (CEQA) requires a lead agency,
as defined, to prepare, or cause to be prepared, and certify the completion
of, an environmental impact report on a project that it proposes to carry out
or approve that may have a significant effect on the environment. CEQA
does not apply to the approval of ministerial projects.
This bill, by establishing the ministerial review processes described above,
would thereby exempt the approval of projects subject to those processes
from CEQA.
The California Coastal Act of 1976 provides for the planning and
regulation of development, under a coastal development pe1mit process,
within the coastal zone, as defined, that shall be based on various coastal
resources planning and management p o licies set fo1th in the act.
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This bill would exempt a local agency from being required to hold public
hearings for coastal development permit applications for housing
developments and urban lot splits pursuant to the above provisions.
By increasing the duties of local agencies with respect to land use
regulations, the bill would impose a state-mandated local program.
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, including charter cities.
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 people of the State of California do enact as follows:
SECTION 1. Section 65852.21 is added to the Government Code, to
read:
65852.21. (a) A proposed housing development containing no more
than two residential units within a single-family residential zone shall be
considered ministerially, without discretionary review or a hearing, if the
proposed housing development meets all of the following requirements:
(1) The parcel subject to the proposed housing development is located
within a city, the boundaries of which include some portion of either an
w·banized area or urban cluster, as designated by the United States Census
Bureau, or, for unincorporated areas, a legal parcel wholly within the
boundaries of an urbanized area or urban cluster, as designated by the United
States Census Bureau.
(2) The parcel satisfies the requirements specified in subparagraphs (B)
to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4.
(3) Notwithstanding any provision of this section or any local law, the
proposed housing development would not require demolition or alteration
of any of the following types of housing:
(A) Housing that is subject to a recorded covenant, ordinance, or law
that restricts rents to levels affordable to persons and families of moderate,
low, or very low income.
(B) Housing that is subject to any form of rent or price control through
a public entity's valid exercise of its police power.
(C) Housing that has been occupied by a tenant in the last three years.
(4) The parcel subject to the proposed housing development is not a
parcel on which an owner of residential real property has exercised the
owner's rights under Chapter 12.75 (commencing with Section 7060) of
Division 7 ofTitle 1 to withdraw accommodations from rent or lease within
15 years before the date that the development proponent submits an
application.
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(5) The proposed housing development does not allow the demolition
of more than 25 percent of the existing exterior strnctural walls, unless the
housing development meets at least one of the following conditions:
(A) If a local ordinance so allows.
(B) The site has not been occupied by a tenant in the last three years.
(6) The development is not located within a historic district or property
included on the State Historic Resources Inventory, as defined in Section
5020.l of the Public Resources Code, or within a site that is designated or
listed as a city or county landmark or historic property or district pursuant
to a city or county ordinance.
(b) (1) Notwithstanding any local law and except as provided in
paragraph (2), a local agency may impose objective zoning standards,
objective subdivision standards, and objective design review standards that
do not conflict with this section.
(2) (A) The local agency shall not impose objective zoning standards,
objective subdivision standards, and objective design standards that would
have the effect of physically precluding the construction of up to two units
or that would physically preclude either of the two units from being at least
800 square feet in floor area.
(B) (i) Notwithstanding subparagraph (A), no setback shall be required
for an existing structure or a structure constructed in the same location and
to the same dimensions as an existing structure.
(ii) Notwithstanding subparagraph (A), in all other circumstances not
described in clause (i), a local agency may require a setback of up to four
feet from the side and rear lot lines.
( c) In addition to any conditions established in accordance with
subdivision (b), a local agency may require any of the following conditions
when considering an application for two residential units as provided for in
this section:
(1) Off-street parking of up to one space per unit, except that a local
agency shall not impose parking requirements in either of the following
instances:
(A) The parcel is located within one-half mile walking distance of either
a high-quality transit corridor, as defined in subdivision (b) of Section 21155
of the Public Resources Code, or a major transit stop, as defined in Section
21064.3 of the Public Resources Code.
(B) There is a car share vehicle located within one block of the parcel.
(2) For residential units connected to an onsite wastewater treatment
system, a percolation test completed within the last 5 years, or, if the
percolation test has been recertified, within the last 10 years.
(d) Notwithstanding subdivision (a), a local agency may deny a proposed
housing development project if the building official makes a written finding,
based upon a preponderance of the evidence, that the proposed housing
development project would have a specific, adverse impact, as defined and
determined in paragraph (2) of subdivision (d) of Section 65589.5, upon
public health and safety or the physical environment and for which there is
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-5-Ch. 162
no feasible method to satisfactorily mitigate or avoid the specific, adverse
impact.
(e) A local agency shall require that a rental of any unit created pursuant
to this section be for a term longer than 30 days.
(f) Notwithstanding Section 65852.2 or 65852.22, a local agency shall
not be required to permit an accessory dwelling unit or a junior accessory
dwelling unit on parcels that use both the authority contained within this
section and the authority contained in Section 66411.7.
(g) Notwithstanding subparagraph (B) of paragraph (2) of subdivision
(b), an application shall not be rejected solely because it proposes adjacent
or connected stmctures provided that the structures meet building code
safety standards and are sufficient to allow separate conveyance.
(h) Local agencies shall include units constmcted pursuant to this section
in the annual housing element report as required by subparagraph (I) of
paragraph (2) of subdivision (a) of Section 65400.
(i) For purposes of this section, all of the following apply:
{l ) A housing development contains two residential units if the
development proposes no more than two new units or if it proposes to add
one new unit to one existing unit.
(2) The terms "objective zoning standards," "objective subdivision
standards," and "objective design review standards" mean standards that
involve no personal or subjective judgment by a public official and are
uniformly verifiable by reference to an external and uniform benchmark or
criterion available and knowable by both the development applicant or
proponent and the public official prior to submittal. These standards may
be embodied in alternative objective land use specifications adopted by a
local agency, and may include, but are not limited to, housing overlay zones,
specific plans, inclusiona1y zoning ordinances, and density bonus ordinances.
(3) "Local agency" means a city, county, or city and county, whether
general law or chartered.
(j) A local agency may adopt an ordinance to implement the provisions
of this section. An ordinance adopted to implement this section shall not be
considered a project under Division 13 (commencing with Section 21000)
of the Public Resources Code.
(k) Nothing in this section shall be construed to supersede or in any way
alter or lessen the effect or application of the California Coastal Act of 19 76
(Division 20 (commencing with Section 30000) of the Public Resources
Code), except that the local agency shall not be required to hold public
hearings for coastal development permit applications for a housing
development pursuant to this section.
SEC. 2. Section 66411.7 is added to the Government Code, to read:
664 11 .7. (a) Notwithstanding any other provision of this division and
any local Jaw, a local agency shall ministerially approve, as set forth in this
section, a parcel map for an urban lot split only if the local agency determines
that the parcel map for the urban lot split meets all the following
requirements:
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Ch. 162 -6-
(I) The parcel map subdivides an existing parcel to create no more than
two new parcels of approximately equal Jot area provided that one parcel
shall not be smaller than 40 percent of the lot area of the original parcel
proposed for subdivision.
(2) (A) Except as provided in subparagraph (B), both newly created
parcels are no smaller than 1,200 square feet.
(B) A local agency may by ordinance adopt a smaller minimum lot size
subject to ministerial approval under this subdivision.
(3) The parcel being subdivided meets all the following requirements:
(A) The parcel is located within a single-family residential zone.
(B) The parcel subject to the proposed urban lot split is located within a
city, the boundaries of which include some po1tion of either an urbanized
area or urban cluster, as designated by the United States Census Bureau, or,
for unincorporated areas, a legal parcel wholly within the boundaries of an
urbanized area or urban cluster, as designated by the United States Census
Bureau.
(C) The parce l satisfies the requirements specified in subparagraphs (B)
to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4.
(D) The proposed urban lot split would not require demolition or
alteration of any of the following types of housing:
(i) Housing that is subject to a recorded covenant, ordinance, or law that
restricts rents to levels affordable to persons and families of moderate, low,
or very low income.
(ii) Housing that is subject to any form of rent or price control through
a public entity's valid exercise of its police power.
(iii) A parcel or parcels on which an owner of residential real prope1ty
has exercised the owner's rights under Chapter 12 .75 (commencing with
Section 7060) of Division 7 of Title 1 to withdraw accommodations from
rent or lease within 15 years before the date that the development proponent
submits an application.
(iv) Housing that has been occupied by a tenant in the last three years.
(E) The parcel is not located within a historic district or property included
on the State Historic Resources Inventory, as defined in Section 5020.1 of
the Public Resources Code, or within a site that is designated or listed as a
city or county landmark or historic property or district pursuant to a city or
county ordinance.
(F) The parcel has not been established through prior exercise of an urban
lot split as provided for in this section.
(G) Neither the owner of the parcel being subdivided nor any person
acting in concert with the owner has previously subdivided an adjacent
parcel using an urban lot split as provided for in this section.
(b) An application for a parcel map for an urban lot split shall be approved
in accordance with the following requirements:
(1) A local agency shall approve or deny an application for a parcel map
for an urban lot split ministerially without discretiona1y review.
(2) A local agency shall approve an urban lot split only if it conforms to
all applicable objective requirements of the Subdivision Map Act (Division
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2 (commencing with Section 66410)), except as otherwise expressly provi ded
in this section.
(3) Notwithstanding Section 66411.1, a local agency shall not impose
regulations that require dedications of rights-of-way or the construction of
offsite improvements for the parcels being created as a condition of issuing
a parcel map for an urban lot split pursuant to this section.
( c) ( 1) Except as provided in paragraph (2), notwithsta nding any local
law, a local agency may impose objective zoning standards, objective
subdiv isio n s ta ndards, and o bjective design review sta ndards app li cable to
a parce l cr eated by a n urban lo t split tha t do not confl ict w ith thi s sectio n .
(2) A loca l agency sha ll not imp ose objective zoning standards, objective
subdivision standards, and o bjective design review standards that wou ld
have the effect of physically precluding the construction of two units on
either of the resulting parcels or that would result in a unit size of less than
800 square feet.
(3) (A) Notwithstanding paragraph (2), no setback shall be required for
an existing structure or a structure constructed in the same location and to
the same dimensions as an existing structure.
(B) Notwithstanding paragraph (2), in all other circumstances not
described in subparagraph (A), a local agency may require a setback of up
to four feet from the side and rear lot lines.
(d) Notwithstanding subdivision (a), a local agency may deny an urban
lot split if the building official makes a written finding, based upon a
preponderance of the evidence, that the proposed housi ng development
project would have a specific, adverse impact, as defined and determined
in paragraph (2) of subdivision (d) of Section 65589.5, upon public health
and safety or the physical enviro nment and for w hi ch there is no feasi ble
method to satisfactorily mitiga te or avoid the spec ific, adverse im pact.
(e) In addition to any condit ions estab li s hed in accorda nce with th is
section, a loca l agency may require any of the fo ll ow in g conditions when
considering an application for a parcel map for an urban lot split:
( 1) Easements required for the provision of public services and facilities.
(2) A requirement that the parcels have access to, provide access to, or
adjoin the public right-of-way.
(3) Off-street parking of up to one space per unit, except that a local
agency shall not impose parking requirements in either of the following
instances:
(A) The parcel is located within one-half mile walking distance of either
a high-quality transit corridor as defined in subdivision (b) of Section 21155
of the Public Resources Code, or a major transit stop as defined in Section
21064.3 of the Public Resources Code.
(B) There is a car share vehicle located within one block of the parcel.
(t) A local agency shall require that the uses allowed on a lot created by
this section be limited to residentia l uses.
(g) (I) A local agency shall requ ire a n app licant for an urban lot split to
s ign an affidavit stati ng that the applica nt in tend s to occ upy o ne of th e
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housing units as their principal residence for a minimum of three years from
the date of the approval of the urban lot split.
(2) This subdivision shall not apply to an applicant that is a "community
land trust," as defined in clause (ii) of subparagraph (C) of paragraph (11)
of subdivision (a) of Section 402.l of the Revenue and Taxation Code, or
is a "qualified nonprofit corporation" as described in Section 214.15 of the
Revenue and Taxation Code.
(3) A local agency shall not impose additional owner occupancy
standards, other than provided for in this subdivision, on an urban lot split
pursuant to this section.
(h) A local agency shall require that a rental of any unit created pursuant
to thi s section be for a term longer than 30 days.
(i) A local agency shall not require, as a condition for ministerial approval
of a parcel map application for the creation of an urban lot split, the
correction of nonconforming zoning conditions.
(j) (1) Notwithstanding any provision of Section 65852.2, 65852.21,
65852.22, 65915, or this section, a local agency shall not be required to
permit more than two units on a parcel created through the exercise of the
authority contained within this section.
(2) For the purposes of this section, "unit" means any dwelling unit,
including, but not limited to, a unit or units created pursuant to Section
65852.21, a primary dwelling, an accessory dwelling unit as defined in
Section 65852.2, or a junior accessory dwelling unit as defined in Section
65852.22.
(k) Notwithstanding paragraph (3) of subdivision (c), an application shall
not be rejected solely because it proposes adjacent or connected strnctures
provided that the structures meet building code safety standards and are
sufficient to allow separate conveyance.
(!) Local agencies shall include the number of applications for parcel
maps for urban lot splits pursuant to this section in the annual housing
element report as required by subparagraph (I) of paragraph (2) of
subdivision (a) of Section 65400.
(m) For purposes of this section, both of the following shall apply:
(1) "Objective zoning standards," "objective subdivision standards," and
"objective design review standards" mean standards that involve no personal
or subjective judgment by a public official and are uniformly verifiable by
reference to an external and uniform benchmark or criterion available and
knowable by both the development applicant or proponent and the public
official prior to submittal. These standards may be embodied in alternative
objective land use specifications adopted by a lo ca l agency, and may include,
but are not limited to , housing overlay zones, specific plans, inclusionary
zoning ordinances, and density bonus ordinances.
(2) "Local agency" means a city, county, or city and county, whether
general law or chartered.
(n) A local agency may adopt an ordinance to implement the provisions
of this section. An ordinance adopted to implement this section shall not be
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considered a project under Division 13 (commencing with Section 21000)
of the Public Resources Code.
(o) Nothing in this section shall be construed to supersede or in any way
alter or lessen the effect or application of the California Coastal Act of 1976
(Division 20 (commencing with Section 30000) of the Public Resources
Code), except that the local agency shall not be required to hold public
hearings for coastal development permit applications for urban lot splits
purs uant to this section.
SEC. 3. Section 66452.6 of the Govemment Code is amended to read:
66452 .6. (a) (1) An approved or conditionally approved tentative map
shall expire 24 months after its approval or conditional approval, or after
any additional period of time as may be prescribed by local ordinance, not
to exceed an additional 24 months . However, if the subdivider is required
to expend two hundred thirty-six thousand seven hundred ninety dollars
($236,790) or more to construct, improve, or finance the construction or
improvement of public improvements outside the property boundaries of
the tentative map, excluding improvements of public rights-of-way that abut
the boundary of the property to be subdiv ided and that are reasonably related
to the development of that property, each filing of a final map authorized
by Section 66456.l shall extend the expiration of the approved or
conditionally approved tentative map by 48 months from the date of its
expiration, as provided in this section, or the date of the previously filed
final map, whichever is later. The extensions shall not extend the tentative
map more than 10 years from its approval or conditional approval. However,
a tentative map on property subject to a development agreement authorized
by Article 2.5 (commencing with Section 65864) of Chapter 4 of Division
l may be extended for the period of time provided for in the agreement, but
not beyond the duration of the agreement. The number of phased final maps
that may be filed shall be determined by the advisory agency at the time of
the approval or conditional approval of the tentative map.
(2) Commencing January 1, 2012, and each calendar year thereafter, the
amount of two hundred thirty-six thousand seven hundred ninety dollars
($236, 790) shall be annually increased by operation oflaw according to the
adjustment for inflation set forth in the statewide cost index for c lass B
construction, as d etermined by the State Allocation Board at its January
meeting. The effective date of each annual adj ustment shall be March 1.
The adjusted amount shall apply to tentative and vesting tentative maps
whose applications were received after the effective date of the adjustment.
(3) "Publi c improvements," as used in this subdivision, include traffic
controls, streets, roads, highways, freeways, bridges, overcrossings, street
interchanges, flood control or storm drai n facilities, sewer facilities, water
facilities, and lighting facilities .
(b) (1) The period of time specified in subdivision (a), including any
extension thereof granted pursuant to subdivision (e), shall not include any
period of time during which a development moratorium , imposed after
approval of the tentative map, is in existence. However, the length of the
moratoriu m shall not exceed five years.
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(2) The length of time spe cified in paragraph ( l ) s hall be extended for
u p to three years, but in no event beyond January l, 1992, during the
pendency of any lawsuit in which the subdivider asserts, and the local agency
that approved or conditionall y approved the te ntative map denies, the
existence or application ofa development moratorium to the tentative map.
(3) Once a development moratorium is terminated, the map shall be valid
for the same period of time as was left to run on the map at the time that
the moratorium was imposed. However, if the remai ning time is less than
120 day s, the map shall be valid for 120 days following th e termination of
the moratorium.
(c) The period of time specified in su bdivi s ion (a), in c luding any
extension thereof granted purs uant to subdivi s ion (e), s hall not in clude the
p eriod of time during which a lawsuit involving the approva l or conditio nal
approval of the tentative map is or was pending in a court of competent
jurisdiction, if the stay of the time period is approved by the local agency
pursuant to thjs section. After service of the initial petition or complaint in
the lawsuit upon the local agency, the subdivider may apply to the local
agency for a stay pursuant to the local agency's a dopted procedures. Within
40 days after receiving the application, the local agency shall either stay the
time period for up to five y ears or deny the requested stay. The local agency
may, by ordinance, establish procedures for reviewing the requests,
including, but not limited to, notice and hearing requirements, appeal
procedures, and other administrative requirements.
(d) The expiration of the approved or conditionally a p prove d tentative
map shall terminate all proceed ings and no final map or parcel map of all
or any portion of the real property included within the tentative map shall
be filed with the legislative body without first process in g a new tentative
map. Once a timely filing is made, sub sequent actions of the local agency,
including, but not limited to, processing, approving, an d reco rding, may
lawfully occur after the date of expiration of the tentative map. Delivery to
the county surveyor or city e ngineer s hall be deemed a timely filing for
purposes of this section.
(e) Upon application of the s ubdivider filed before the expiration of the
approved or conditionally approved tentative map , the time at which the
map expires pursuant to subdivision (a) may be extended by the legislative
body or by a n advisory agency authorized to approve or conditionally
approve tentative maps for a period or periods not exceeding a total of six
years. The period of extension specified in this subdivision s hall be in
addition to the p eriod of time provided by subdivision (a). Before the
expiration of an approved or conditionally approved tentative map, upon
an application by the subdivider to extend that map, the map shall
automatically be extended for 60 days or until the applicatio n for the
extension is approved, conditionally approved, or denied, whichever occurs
first. If the adv isory a gency denies a subd ivider's application for an
extension, the s ubdivider may a ppeal to the legis lative body within J 5 days
after the adviso1y agency has denied th e extension.
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(f) For purposes of this section, a development moratorium includes a
water or sewer moratorium, or a water and sewer moratorium, as well as
other actions of public agencies that regulate land use, development, or the
provision of services to the land, including the public agency with the
authority to approve or conditionally approve the tentative map, which
thereafter prevents, prohibits, or delays the approval of a final or parcel
map. A development moratorium shall also be deemed to exist for purposes
of this section for any period of t ime during which a condition imposed by
the city or cou nty could not be satisfied because of either of the followi ng:
(l ) The cond ition wa s one that, by its nature, necessitated actio n by the
city or county, and the c ity or county either did not take th e necessary action
or by its own action or inaction was prevented or delayed in taking the
necessary action before expiration of the tentative map.
(2) The condition necessitates acquisition ofreal property or any interest
in real property from a public agency, other than the city or county that
approved or conditionally approved the tentative map, and that other public
agency fails or refuses to convey the property interest necessary to satisfy
the condition. However, nothing in this subdivision shall be construed to
require any public agency to convey any interest in real property owned by
it. A development moratorium specified in this paragraph shall be deemed
to have been imposed either on the date of approval or conditional approval
of the tentative map, if evidence was included in the public record that the
public agency that owns or controls the real property or any interest therein
may refuse to convey that property or interest, or on the date that the public
agency that owns or controls the real property or any interest therein receives
an offer by the subdivider to purchase that property or interest for fair market
value, whichever is later. A development moratorium s pecifie d in th is
paragraph s hall extend the tentative m a p u p to th e maximum peri od as set
forth in subdivision (b), but not later than Ja nuaty 1, 1992, so long as the
public agency that ow n s or controls the real property or any interest therein
fails or refuses to convey the necessary property interest, regardless of the
reason for the failure or refusal, except that the development moratorium
shall be deemed to terminate 60 days after the public agency has officially
made, and communicated to the subdivider, a written offer or commitment
binding on the agency to convey the necessary property interest for a fair
market value, paid in a reasonable time and manner.
SEC. 4 . The Legislature finds and declares that ensuring access to
affordable housing is a matter of statewide concern and not a municipal
affair as that term is used in Section 5 of Article XI of the California
Constitution. Therefore, Sections 1 and 2 of this act adding Sections
65852.21 and 66411.7 to the Government Code and Section 3 of this act
amending Section 66452.6 of the Government Code apply to all cities,
including charter cities.
SEC. 5. No reimbursement is required by this act pursua nt to Section 6
of Article X III B of the Cali fo rnia Co nstitution because a loca l agency or
school d istrict has th e authority to levy service charges, fees, or assessments
sufficient to pay for the program or leve l of service mandated by this act or
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because costs that may be incurred by a local agency or schoo l district will
be incurred because this act creates a new crime or infraction, eliminates a
crime or infraction, or changes the penalty for a crime or infraction, within
the meaning of Section 17556 of the Government Code, or changes the
definition of a crime within the meaning of Section 6 of Article XIII B of
the California Constitution.
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City of Huntington Beach
2000 Main Street,
Huntington Beach, CA
92648
File #:22-166 MEETING DATE:3/1/2022
Submitted by Mayor Pro Tem Posey and Councilmember Carr - Establishing a Memorial for
Officer Nicholas Vella
Ask staff to work collaboratively with the City of Newport Beach to determine all associated logistics
with the development of a memorial for Officer Nicholas Vella at or near the crash site. Furthermore,
staff will inform Officer Vella’s family regarding the proposed memorial and seek their input
throughout the process to ensure that it is reflective of his life and his commitment to public safety.
City of Huntington Beach Printed on 2/24/2022Page 1 of 1
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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, MAYOR PRO TEM
KIM CARR, COUNCILMEMBER
DATE: MARCH 1, 2022
SUBJECT: ESTABLISHING A MEMORIAL FOR OFFICER NICHOLAS VELLA
On February 20, 2022, the Huntington Beach Police Department (HBPD) helicopter, HB-1,
crashed into the waters off Newport Beach with two officers on board, resulting in the injury of
one officer and the death of the second officer, Nicholas Vella.
Officer Vella is survived by his wife and daughter, and the City joins his family and fellow
officers in mourning his passing. Officer Vella was a 14-year veteran of the department who
served our community with honor and dignity. His commitment to public safety was
paramount, and it was clear to everyone that he loved serving Huntington Beach. As a pilot,
Officer Vella provided critical information to help our first responders manage on-the-ground
situations effectively and safely. It was with this purpose in mind that Officer Vella responded
to his final call for helicopter support in Newport Beach.
The crash in Newport Beach reminds us of the risk that police officers undertake daily to
protect our residents. As such, we wish to recommend that staff work collaboratively with the
City of Newport Beach to determine all associated logistics to establish a memorial in honor of
Officer Vella at or near the crash site. We have engaged in discussions with Newport Beach
Councilmember Will O’Neill who has expressed support for this endeavor.
Officer Vella is the third HBPD officer who has died in the line of duty. In 2018, the City
honored such officers with street sign dedications: HBPD Officer Leslie James Prince struck by a
vehicle in 1974; HBPD Officer Leo Roy Darst killed in a crash in 1928; and Orange County
Sheriff’s Deputy Ezra Stanley struck by a vehicle in 1940. As such, we wholly recommend
continuing this effort with a memorial dedicated to Officer Vella.
RECOMMENDED ACTION
Ask staff to work collaboratively with the City of Newport Beach to determine all associated
logistics with the development of a memorial for Officer Nicholas Vella at or near the crash site.
Furthermore, staff will inform Officer Vella’s family regarding the proposed memorial and seek
their input throughout the process to ensure that it is reflective of his life and his commitment
to public safety.
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