HomeMy WebLinkAbout2022-09-06 Agenda Packet - Hybrid (2)IN-PERSON PUBLIC PARTICIPATION/ZOOM ACCESS: Members wishing to attend the meeting
in person are encouraged to wear a face covering.
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: Individuals wishing to provide a comment on agendized or non-agendized
items, including Study Session, Closed Session, and Public Hearing, may do so in person by
completing a Request to Speak form delivered to the City Clerk, or from a virtual location by entering
Zoom Webinar ID 971 5413 0528 via computer device, or by phone at (669) 900-6833. The Zoom
Webinar can be accessed here: https://huntingtonbeach.zoom.us/j/97154130528 . Instructions for
those utilizing computer 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.
AGENDA
City Council/Public Financing Authority
Tuesday, September 6, 2022
Special Meeting of the Housing Authority
3:30 PM Closed Session / 4:00 PM Study Session
6:00 PM Regular Meeting
Council Chambers
2000 Main Street
Huntington Beach, CA 92648
--or--
Virtual via Zoom Webinar
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
STAFF
AL ZELINKA, City Manager
MICHAEL E. GATES, City Attorney
ROBIN ESTANISLAU, City Clerk
ALISA BACKSTROM, City Treasurer
1
AGENDA September 6, 2022City Council/Public Financing
Authority
3:30 PM - COUNCIL CHAMBERS
CALL TO ORDER
ROLL CALL
Peterson, Bolton, Posey, Delgleize, Carr, Moser, Kalmick
City Clerk Robin Estanislau has requested permission to be absent pursuant to City Charter
Section 310 (a)
PUBLIC COMMENTS PERTAINING TO CLOSED SESSION ITEMS (3 Minute Time Limit) - At
approximately 3:30 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.
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution)
RECESS TO CLOSED SESSION
CLOSED SESSION ANNOUNCEMENT(S)
22-7231.Mayor Delgleize to Announce: Pursuant to Government Code §
54957.6., the City Council takes this opportunity to publicly introduce
and identify labor negotiators: Al Zelinka, City Manager; also in
attendance: Brittany Mello, Director of Administrative Services,
regarding the following: Huntington Beach Municipal Teamsters
(HBMT), Management Employees’ Organization (MEO), Police
Officers’ Association (POA), Police Management Association (PMA),
Huntington Beach Firefighters’ Association (HBFA), Fire
Management Association (FMA), Marine Safety Management
Association (MSMA), Surf City Lifeguard Employees' Association
(SCLEA), and Non-Represented (Non-Associated) Employees (NA).
CLOSED SESSION
Page 1 of 11
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AGENDA September 6, 2022City Council/Public Financing
Authority
22-7252.CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section
54957.6.) Agency designated representatives: Al Zelinka, City
Manager; also in attendance: Brittany Mello, Director of
Administrative Services, regarding the following: Huntington Beach
Municipal Teamsters (HBMT), Management Employees’ Organization
(MEO), Police Officers’ Association (POA), Police Management
Association (PMA), Huntington Beach Firefighters’ Association
(HBFA), Fire Management Association (FMA), Marine Safety
Management Association (MSMA), Surf City Lifeguard Employees'
Association (SCLEA), and Non-Represented (Non-Associated)
Employees (NA).
22-7563.CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION.
Significant Exposure to Litigation Pursuant to Paragraph (2) of
Subdivision (d) of Section 54956.9: Number of cases, one (1) - Air
Show/Oil Spill.
4:00 PM – COUNCIL CHAMBERS
RECONVENE CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING
ROLL CALL
Peterson, Bolton, Posey, Delgleize, Carr, Moser, Kalmick
City Clerk Robin Estanislau has requested permission to be absent pursuant to City Charter
Section 310 (a)
PUBLIC COMMENTS PERTAINING TO STUDY SESSION ITEMS (3 Minute Time Limit) - At
approximately 4:00 PM, individuals wishing to provide a comment on item(s) scheduled for Study
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.
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution)
Page 2 of 11
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AGENDA September 6, 2022City Council/Public Financing
Authority
STUDY SESSION
22-7294.Bolsa Chica Annexation Study
22-7425.Mobility Implementation Plan Update
RECESS
6:00 PM – COUNCIL CHAMBERS
RECONVENE CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING AND CALL TO ORDER
THE SPECIAL MEETING OF THE HOUSING AUTHORITY
ROLL CALL
Peterson, Bolton, Posey, Delgleize, Carr, Moser, Kalmick
City Clerk Robin Estanislau has requested permission to be absent pursuant to City Charter
Section 310 (a)
PLEDGE OF ALLEGIANCE
INVOCATION
In permitting a nonsectarian invocation, the City does not intend to proselytize or advance any
faith or belief. Neither the City nor the City Council endorses any particular religious belief or form
of invocation.
22-5136.Mike Michaud with Dance4Joy Ministries and member of the Greater
Huntington Beach Interfaith Council
CLOSED SESSION REPORT BY CITY ATTORNEY
AWARDS AND PRESENTATIONS
22-6117.Mayor Delgleize to call on HBPD Chief Eric Parra to present
graduation certificates to the Wildlife Watch volunteers
22-6668.Mayor Delgleize to present commendation to Special Olympics
athlete Joe Hreish for receiving the Kiwanis Team Special Olympics
Athlete of the Year Award for 2022
22-7209.Mayor Delgleize to present a proclamation to OC Hunger Alliance in
recognition of Hunger Action Month
Page 3 of 11
4
AGENDA September 6, 2022City Council/Public Financing
Authority
22-73910.Mayor Delgleize to call on Chief Parra to present commendations to
members of Home Depot’s Management Team for coordinating the
design and fabrication of two memorial benches in honor of fallen
officer Nicholas Vella
22-75411.Mayor Delgleize to present the July Mayor’s HB Excellence Award to
Jimmy Hoang, Code Enforcement Supervisor in the Community
Development Department, and the August Mayor’s HB Excellence
Award to Sergeant Scott Marsh with HBPD
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
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
22-52412.Appoint Voting Delegate and Alternates for the League of California
Cities Annual Conference and Expo - September 7-9, 2022
Appoint a City Council Member to serve as the voting delegate and a City Council
Member as an alternate, to represent the City of Huntington Beach at the 2022 League of
California Cities Annual Conference & Expo. The General Assembly will be held on
Recommended Action:
Page 4 of 11
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AGENDA September 6, 2022City Council/Public Financing
Authority
Friday, September 9, 2022.
CITY MANAGER'S REPORT
22-69113.Welcome to New OneHB Team Members
CONSENT CALENDAR
22-71114.Approve and Adopt Minutes
A) Approve and adopt the City Council/Public Financing Authority regular meeting
minutes dated July 19, 2022; and,
B) Approve and adopt the City Council/Public Financing Authority regular meeting
minutes dated August 2, 2022 .
Recommended Action:
22-62715.Receive and file the City Clerk’s quarterly listing of professional
services contracts filed in the City Clerk’s Office between January 1,
2022 and June 30, 2022
A) Receive and file the “List of Professional Services Contracts Approved by Department
Heads and Submitted to the Office of the City Clerk during the period of January 1, 2022 and
March 31, 2022;” and,
B) Receive and file the “List of Professional Services Contracts Approved by Department
Heads and Submitted to the Office of the City Clerk during the period of April 1, 2022 and
June 30, 2022.”
Recommended Action:
22-23716.Reaffirm 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
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.”
Recommended Action:
22-58617.Approve and authorize execution of a Density Bonus and Affordable
Housing Agreement with The Olson Company, LLC for the 34-unit
townhome project located at 8375 Talbert Avenue
Page 5 of 11
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AGENDA September 6, 2022City Council/Public Financing
Authority
A) Approve the Density Bonus and Affordable Housing Agreement by and between the
City and The Olson Company, LLC for the development of 34 ownership units at 8375
Talbert Avenue; and,
B) Authorize the City Manager, or designee , to implement and execute the Density Bonus
and Affordable Housing Agreement for the Project, including all necessary related
documents; and
C) Authorize the Housing Authority Executive Director or designee to execute all
necessary implementing agreements and related documents.
Recommended Action:
22-60618.Approve Sole Source Procurement request with Jones Chemical
(JCI) for Chlorine Gas
Approve the sole source procurement request for the purchase of chlorine gas from JCI.
Recommended Action:
22-66519.Approve the Finance Department’s plan to conduct a
comprehensive review of the City’s procurement policies
Approve the plan to review the City’s procurement policies as outlined in this report .
Recommended Action:
22-67520.Approve the Huntington Beach Downtown Business Improvement
District’s (HBDBID) Annual Report and Proposed Budget for Fiscal
Year (FY) 2022-2023; Adopt Resolution No. 2022-44 declaring the
City’s intention to levy an annual assessment for FY 2022-2023 at a
public hearing scheduled for October 4, 2022; and, Approve and
authorize execution of an Agreement between the City and the
Huntington Beach Downtown Business Improvement District to Act
as the District Advisory Board
A) Approve the Huntington Beach Downtown Business Improvement District Annual
Report and Proposed Budget for FY 2022-2023; and,
B) Adopt Resolution No. 2022-44, “A Resolution of the City Council of the City of
Huntington Beach Declaring the City’s Intention to Levy an Annual Assessment for Fiscal
Year 2022-2023 within the Huntington Beach Downtown Business Improvement District”,
which sets a public hearing for October 4, 2022 to consider continuation of the Huntington
Beach Downtown Business Improvement District; and,
C) Approve the Agreement between the City of Huntington Beach and the Huntington
Beach Downtown Business Improvement District to act as the District Advisory Board and
Recommended Action:
Page 6 of 11
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AGENDA September 6, 2022City Council/Public Financing
Authority
authorize the City Manager to execute the Agreement; and,
D) Authorize the revenue appropriation of $1,000 in account 71000710.40500 and an
expenditure appropriation of $1,000 in account 71080101.69505, for a net zero impact to
the fund.
22-70621.Substitution of Subdivision Agreement with Shea Homes Limited
Partnership and Bonds for the Cameron Townhomes Project (Tract
19154)
A) Approve the Subdivision Agreement by and between the City of Huntington Beach and
Shea Homes Limited Partnership for the Cameron Townhomes Project (Tract 19154), and
authorize execution by the Mayor and City Clerk; and
B) Accept Faithful Performance Bond No. CMS0349976 for $94,495.50, Labor and
Material Bond No. CMS0349976 for $47,229.75 and Monument Bond No. CMS0349977
for $1,800.00, the sureties furnished for installation of the required public improvements,
and instruct the City Clerk to file the bonds with the City Treasurer; and
C) Release the Faithful Performance/Labor and Material Bond No. 1001181018 and
Monument Bond No. 1001181019 and instruct the City Treasurer to notify the surety
company, American Contractors Indemnity Company of such Council action.
Recommended Action:
22-72722.Consider for approval the naming of the area known as the “Secret
Garden” located in Huntington Central Park East, as recommended
by the Community & Library Services Commission
Approve the recommendation by the Community & Library Services Commission to
formally name a parkland area located in the eastern section of Huntington Central Park as
“Secret Garden.”
Recommended Action:
22-71523.Consider for approval the City’s responses to Grand Jury Report
“Where’s the Fire? Stop Sending Fire Trucks to Medical Calls”
Approve the City Council and Fire Chief responses to the findings and recommendations
in the Grand Jury report “Where’s the Fire? Stop Sending Fire Trucks to Medical Calls”
and authorize the Mayor to sign the attached transmittal letter to The Honorable Erick L.
Larsh, Presiding Judge of the Superior Court of Orange County.
Recommended Action:
22-72224.Approve the City’s Responses to the Orange County Grand Jury
Report: “Orange County Power Authority: Come Clean”
Page 7 of 11
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AGENDA September 6, 2022City Council/Public Financing
Authority
A) Receive and file the City’s initial response concurring with OCGJ’s Recommendation
No. 4 in “Orange County Power Authority: Come Clean .”
B) Approve the City’s follow up response to the OCGJ, directing the City Council’s OCPA
Board Representative to request an action item from the OCPA, per the Grand Jury
Report, to hire a qualified clerk to manage agendas and minutes for the OCPA Board and
OCPA Community Advisory Committee; authorize the Mayor to sign and submit the letter
to the Honorable Erick L. Larsh, Presiding Judge of the Superior Court of Orange County.
Recommended Action:
22-67925.Adopt Ordinance No. 4258 approving Zoning Text Amendment No.
22-003 to Chapter 222 (Floodplain Overlay District) of the Huntington
Beach Zoning and Subdivision Ordinance
Approved for introduction August 2, 2022 (Vote: 7-0)
Adopt Ordinance No. 4258, “An Ordinance of the City Council of the City of Huntington
Beach Amending Chapter 222 of the Huntington Beach Zoning and Subdivision Ordinance
Relating to the Floodplain Overlay District (FP1, FP2, FP3) (Zoning Text Amendment No.
22-003).” (Attachment No. 2)
Recommended Action:
22-73226.Approve the appointment of Eric Bornstein to the Environmental and
Sustainability Board as recommended by City Council Liaisons Dan
Kalmick and Natalie Moser
Approve the appointment of Eric Bornstein as a member of the Environmental and
Sustainability Board through June 30, 2023, the end of term for the current unscheduled
vacancy, as recommended by City Council Liaisons Kalmick and Moser.
Recommended Action:
22-70527.Adopt Resolution No. 2022-54 amending Residential Permit Parking
District “L” affecting residents on Freeborn Drive in Huntington
Beach
Adopt Resolution No. 2022-54, “A Resolution of the City Council of the City of Huntington
Beach Amending Permit Parking District “L” Within the City of Huntington Beach.”
Recommended Action:
PUBLIC HEARING
22-64828.Adopt Resolution No. 2022-55 approving the street name change
from Jason Circle to Revival Circle in Huntington Beach
Adopt Resolution No. 2022-55, “A Resolution of the City Council of the City of Huntington
Beach to Approve the Name Change From Jason Circle to Revival Circle in Huntington
Recommended Action:
Page 8 of 11
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AGENDA September 6, 2022City Council/Public Financing
Authority
Beach.”
ADMINISTRATIVE ITEMS
22-71229.Approve and authorize the formation of a Tenant Based Rental
Assistance (TBRA) Program for eligible senior mobile home owners
A) Approve the proposed Mobile Home Tenant Based Rental Assistance Program for
eligible very-low income senior mobile home owners to provide rental assistance for
space rent; and,
B) Direct staff to return to City Council for approval of the following: 1) Amendment No.
One to the 2022-23 Annual Action Plan; 2) Amendment No. Three to the 2020-24
Consolidated Plan; 3) MHTBRA Program Guidelines and Operating Procedures; and 4)
Amendment No. One to the City’s Residential Rehabilitation Program Guidelines
Recommended Action:
22-73330.Consider a request from Pacific Airshow event organizer, Code Four,
to approve a subsidy for the September 30 through October 1, 2022
event, as well as a deferred payment schedule for fees and charges
due to the City
A) Consider Code Four’s request for a subsidy, and based on previous approvals, grant
up to $110,000 in parking and camping revenue for the 2022 event to cover a portion of
direct staffing expenses and direct staff to transfer said amount; AND/OR,
B) Consider Code Four’s request to delay the portion of the fees and charges due related
to direct City event staffing and auto parking spaces, to be invoiced to Code Four
following reconciliation of actual costs and due to the City by November 15, 2022. Require
payment of the $17,797 in permit fees and $64,000 in HB RV Campground site revenue
prior to the event per the Huntington Beach Municipal Code; OR,
C) Deny Code Four’s subsidy request and direct staff to require full payment of all fees,
charges, and HB RV Campground site revenue in the amount of $256 ,963 no later than
September 23, 2022.
D) Provide any direction City Council deems appropriate regarding financial support of
future air show events.
Recommended Action:
ORDINANCES FOR INTRODUCTION
22-39831.Approve for Introduction Ordinance No. 4261 authorizing the
assignment of a Franchise Agreement with Focus Media Group for
Transit Shelter Services
Page 9 of 11
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AGENDA September 6, 2022City Council/Public Financing
Authority
A) Approve and authorize the Mayor and City Clerk to execute a “Franchise Agreement
Between City of Huntington Beach and Focus Media Group Inc., for Transit Shelter
Services;” and,
B) Approve for introduction Ordinance No. 4261, “A Non-Codified Ordinance of the City of
Huntington Beach Providing Consent to the Assignment of the Transit Shelter Services
Franchise to Focus Media Group, Inc.”
Recommended Action:
22-71332.Approve for introduction Ordinance No. 4266 amending Chapter
15.32 of the Huntington Beach Municipal Code relating to
nonproducing and idle oil wells
Approve for introduction Ordinance No. 4266, “An Ordinance of the City Council of the City
of Huntington Beach Amending Chapter 15.32 of the Huntington Beach Municipal Code
Relating to Nonproducing and Idle Wells.”
Recommended Action:
22-71433.Approve for introduction Ordinance No. 4260 amending Chapter
17.56 of the Huntington Beach Municipal Code relating to the Fire
Code
Approve for introduction Ordinance No. 4260, “An Ordinance of the City Council of the City
of Huntington Beach Amending Chapter 17.56 of the Huntington Beach Municipal Code
Relating to the Fire Code.”
Recommended Action:
COUNCILMEMBER ITEMS
22-72634.Submitted by Councilmember Moser - Establishing Rules of Order
and Procedure for City Council Business
City Council to provide input on the topics that are important for inclusion in the Rules of
Order and Procedure and to request that the City Manager prepare a draft set of Rules of
Order and Procedure for City Council’s consideration on or before the first meeting in
November 2022.
Recommended Action:
COUNCILMEMBER COMMENTS (Not Agendized)
ADJOURNMENT
The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority is
Tuesday, September 20, 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
Page 10 of 11
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AGENDA September 6, 2022City Council/Public Financing
Authority
STAFF REPORT MATERIAL IS AVAILABLE PRIOR TO CITY COUNCIL MEETINGS AT
http://www.huntingtonbeachca.gov
Page 11 of 11
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City of Huntington Beach
2000 Main Street,
Huntington Beach, CA
92648
File #:22-723 MEETING DATE:9/6/2022
Mayor Delgleize to Announce: Pursuant to Government Code § 54957.6., the City Council
takes this opportunity to publicly introduce and identify labor negotiators: Al Zelinka, City
Manager; also in attendance: Brittany Mello, Director of Administrative Services, regarding the
following: Huntington Beach Municipal Teamsters (HBMT), Management Employees’
Organization (MEO), Police Officers’ Association (POA), Police Management Association
(PMA), Huntington Beach Firefighters’ Association (HBFA), Fire Management Association
(FMA), Marine Safety Management Association (MSMA), Surf City Lifeguard Employees'
Association (SCLEA), and Non-Represented (Non-Associated) Employees (NA).
City of Huntington Beach Printed on 8/31/2022Page 1 of 1
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City of Huntington Beach
2000 Main Street,
Huntington Beach, CA
92648
File #:22-725 MEETING DATE:9/6/2022
CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated
representatives: Al Zelinka, City Manager; also in attendance: Brittany Mello, Director of
Administrative Services, regarding the following: Huntington Beach Municipal Teamsters
(HBMT), Management Employees’ Organization (MEO), Police Officers’ Association (POA),
Police Management Association (PMA), Huntington Beach Firefighters’ Association (HBFA),
Fire Management Association (FMA), Marine Safety Management Association (MSMA), Surf
City Lifeguard Employees' Association (SCLEA), and Non-Represented (Non-Associated)
Employees (NA).
City of Huntington Beach Printed on 8/31/2022Page 1 of 1
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City of Huntington Beach
2000 Main Street,
Huntington Beach, CA
92648
File #:22-756 MEETING DATE:9/6/2022
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION. Significant Exposure to
Litigation Pursuant to Paragraph (2) of Subdivision (d) of Section 54956.9: Number of cases,
one (1) - Air Show/Oil Spill.
City of Huntington Beach Printed on 8/31/2022Page 1 of 1
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City of Huntington Beach
2000 Main Street,
Huntington Beach, CA
92648
File #:22-729 MEETING DATE:9/6/2022
Bolsa Chica Annexation Study
City of Huntington Beach Printed on 8/31/2022Page 1 of 1
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/ •':';^ ^^^;^)^l^^^;^^-^:^^:r^;:^^^y-^ ^^^^^^^lfr^;.^^^^i;:^^i^^^l}-?^^:^^^M^I^I^^%ilS^I^&^'•^"^ ''^s^Mk": '"'%JWRJII^SS'XI•<^MX^^I%i^^%^S^^^\^B^K:^^ -S^S-d^WtLEGENDI _| Annexation Boundary^ Reserve Boundary^.^;!^^.^r--^^Th/*:i'. '?. ;:.;•• •'"~iit^SS m'j^f^^^-^Mf^^^'s^^ l?v ffRSG'^^.•%^:^^'^u"-.^^^.,{t',' \lw".'.'',"'/'1,'.''';./''^": '":l'''-y^.<y':/'' '^E}T •- "•- -l^i"&^ '-^'K/''^^n'^/^Previous Studies & Actions• 2009: RSG prepared Annexation Feasibility Study• 2013: Council directed staff to update the 2009 study• 2014: Council action to:j Authorize LAFCO annexation application-] Negotiate MOD with County & other agencies regardingcontinued maintenance of Botsa Chicaj Negotiate with County regarding Wieder Regional Park• 2015: Council study session on status of annexationj Annexation did not proceed due to concerns related toliability, uncertainty regarding continuedinvolvement/funding of other agencies, maintenancecosts of Wieder ParkRSG/^^.ff^ ^i!T'"-" ~^^^'^^E^'18
^\^ .' >r, , -y" ^/--L— .-—^.-^_ ~-'^-^Y^^^^^/ ^<r>^ ~ .\?>.J7. 190^:\^<^Stakeholder InterviewsRSGState Lands Commission (SLC) .California Departmerit of Fish and Wildlife (CDFW)OC Parks ^California Coastal Commission - :OG Public WorksHuntington Beach Agencies'ff%^^:w^./;'.<t,v;-'^''^i^^)\19
Financial DataProperty Taxes from County AssessorFranchise Fees and Utility User FeesOther Taxes,<SN^RSG c'Jifl^^ .^'^^::.-.^-^y''v^il^1\ '^,tf'' ^VJ.T.17/1/22 7/1/237/1/24Oil Taxes and Fees7/1/257/1/26Property TaxesFranchise Fees andUtility User FeesTotal$2,200$140$2,340$2,300$150$2,450$2,300$150$2/450$2,400$160$2,560$2,400$170$2.570Data available from California Geologic EnergyManagement Division1971 Agreement splits rights between land ownersSLC may become responsible for some oil taxes and feesProduction TaxAnnual FeeFire Inspection FeeTotal7/1/22$15/400$3,200$8,211$26,8117/1/23$15,723$3,200$8,211$27,1247/1/24$16,051$3,200$8,211$27,4627/1/25$16,385$3,200$8,211$27/7967/1/26$16,725$3,200$8,211$28,136RSG20
RSGFindings21
LiabilityRSGSignificant liability challenges with Bolsa ChicaLiability under Clean Water Act for EstuaryMaintenance of Bolsa Chica Tidal Inlet^^^\./y"""%It-.:-1:1^.. " ^^.^yWieder ParkOC Parks expects City would have full responsibilityPublic Works estimates $262,500 in annual maintenance$750,000 to replace two playgroundsMay need additional HBPD staffCity could benefit from counting toward park inventoryRSG,p7tm="--^,^'-^^^'"i'%^••;A • .- f,'rl^ ' .. ^r:/"^tll;w^}22
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City of Huntington Beach
2000 Main Street,
Huntington Beach, CA
92648
File #:22-742 MEETING DATE:9/6/2022
Mobility Implementation Plan Update
City of Huntington Beach Printed on 8/31/2022Page 1 of 1
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9/6/2022M^l"8 "8te:__^^^Amis ItQm No.: ^S'( Y 99'Improve citywide bicycle andpedestrian network options andsafety for all usersBalance: Balancing the best mobility interest of residents, visitors,and emergency services is critical for every vibrant city.Improve the comfort and designof the Beach Path for all usersImplementation lens: Identify strategies and implementable systemImprovements that help facilitate a balanced and equitabletransportation system our residents, businesses and visitors withspectrum of practical mobility options.Plan for an innovativetransportation system(micromobility and sharedmobility)Future proofing: Where bike lanes were once occupied exclusively bypeople on bikes, they are now home to people riding electric scootersmotorized skateboards, and micromobility devices (with new devicesbeing introduced regularly).Build upon the City's long termmobility pedestrian, bicycle,and transit planning efforts28
9/6/2022Average Commute Time & DistanceResultsAvg. Auto:Avg. TransitAvg. Bike:Avg, Walk:27 30 minutes 12 14 miles41 86 minutes 9 15 miles16 26mifiules 2-3 miies8-U minutes .2 - .4 milesWhy it mattersAlmost everyone driving for their commuteTransit mode share is very low; mostly tiansit dependentpopulations; not attractive to people that have optionsMost walking and bike trips are short distances: maybe issuesof perceived safety for iongerjourneysTravel AnalysisFlgura 12. Trip* with Origin* In HunUngton B«achw;70'.:,w.:.wr;.,.10-;,.IfJ/;,-'G',.1C'.;,0~.':.5Q"/.133',;Is^llffl1^^"^if'^.W.:, 18^y-'.^C-., 871'^G-.,r-S— M^_ 1'^ 1^1^Huhlli(i["n MuiihOC yi)'ili>OC LA / V' 'itti'.i lnl,.ml Ltnfi n:D''K 11•'.•':U,n;y llip'. • V:>WUF^ Il;p'i • l'i3'»i.i,i';K':n' it"."i'.l.itSoufce: ReplKa. 2021Results• Majority of trips originating inHB end in MB• Very few trips go outside of OC• Exception are work trips. whichhave higher percentagesoutside of HB and inLA/VenturaWhy it Matters• Potential for majority of trips,especially recreational trips,served by other modes• Only 1 of 3 work trips withinHB stay within HB• Seasonal demand grows insummer months29
9/6/2022Ovwail.lhabrtBkdawno(ltve(ofw>rricatotih»1l1intn[Mciiont<vthdwn in Ttbtl S.kjitwf with Iha 2040 condflkmi •fTttit* t. LtVtl ol ttnlc* Biukdffim nt HunUngtDn Btich IndnttUanAvnfl* flthy pw ' Awnf 0*Ity p*rUvdol Vrthhtor ; VdiHitetnrtlarunud ; unitpwlladInUiMrilon*awINalhf* Puwntof ntDtflnttinn - lnt*n*«tlon»IntonwUw<10*tc<>nda<10 ioMxidl10 to 20 nxondl10to15tocond»15 to 25 tacondi25 ta 35 KKOfldlSiatits, al ornoajfrwflow20 to 35 wcondaIS to 65 aacondiAppwcMnflun»labl» BowUnilabte (tow,optrathfl atcapacitySustainable Mode Analysis: PedestrianRating Systems Low Stress (1) to High Stress (4^)Core dataTraffic VolumesPosted Speed LimitControl TypeNumber of LanesPedestrian Crossing IslandsResultsPLTS 1: (4%)PITS 2: (46%)PLTS 3: (38%)PLTS4:(12%)Wi^y it:Matters.'- ..•:,.••••.:••:: •;:.: •:•"-:-Udderstarrd.whe.re high exposure intersectiontocatfons occur (pr.imarify on arterialsiLreets)-Spotlight Ahere most impactful mitigations can :bemadePcdeilrion Levelol Traffic SKeaaPLTS1PLTS2PLTS3PLTS4• High-sue as Crossingo»er 1/8-mile fromneeresi low-stfess crossingorliaffic signalPacificOcean30
£^^m--HJ II A\^ •" ^ 11 j i y s
.U3
s^
N>0NJhJ31
9/6/2022Sustainable MbdeAnalysis:Circuit On-Demand MicrotransitHuntington Beach Servicefouffci^'^(^fr^.tmJ'/^^i^>;t^"<'s'>"^ntin^nBw:i-'IV-?uCQft WA COlCft U T ^ & iftl" ^ 1^ k'^rt ftj hC'jTl'l.'«!Kt3;.C [0!C(1Tuulck]V • Vrtdieitlt^. £^m- WpmTfiUf4d&/:^nt-10'pmFr;ckir, Tf^n - 10pmiau'dw,l;pm-»Fm^'•.Sri.Ufun-fU.-nResultsApproximately 7,000 ~10,000 riders per monthAverage wait time 6 min - 9Why it MattersCircuit shows some promiseto grow transit ridershipOCTA has a similar program(Flex)Project Website & SurveyCentral hub for projectmInformation and activationshl-mmhiiitv.com• Goals• Project themes• Engagement opportLinities• Contact formResponse CountsCompletion Rate:81.1%CompletePartialOfKh P.itfi B!c]t:'if?!nw>; n;dci(njn NclncrkGet to Know the MB Beach Path\. .^\\.673157Totals: 83032
9/6/2022Survey Findings (General)General Results673+ survey complete responses (to-date)93% of respondents live in HBOther than driving, respondentsprefer to access destinations viaactive transportation81% prefer to bike74% prefer to walkBanning or heavily regulating e-bikes.as one respondent stated, may reduceolder adults' mobility optionsWhy it MattersStrong understanding of broad communityconsensus for multiple categories1 Beii;ifstin';Jin, how do you iwfei to mK ^Mw i^l-liftington E9!h1 (?E!(^ ill ttiiiFt null Rtiponit!3. Under what age range do you fall?Survey Findings (Beach Path)Beach Path Findings60% of respondents use the Beach Path atleast once a week73% of respondents believe that separatedpaths for bicyclists will improve the path.as well as moving e-mobility devices to PCH(38%). and slow zones & walking-onlyzones (both had 34%).27% wanted more enforcement/safetyWhy it Matters• The importance of the Beach Path from ause and network backbone standpoint• Consensusof comfort for all users' Understand corn munity-gene rated ideas33
9/6/2022Survey Findings Cont(BeachPath)Beach Path Findings81% support speed limits on bike path under10m phClose split between pedestrian and hiking on tlieBeach Path: 37% separated lane on bluff top &beach path, 30% separated lane on PCH,21%banned from beach path62% support e-bike registration[tHVJSTaifcUlfiHWmoblUty devices (e-blkes, e-scooters, e-skateboards)INsWsHlil.M^-.Ha; than lOmph be allowed to travel?ValueSspn^dted lane on bluff top snd b&ach path:H»SharadlannonPCHBe banned from the Beach Path In Huntington BoachOther: (Pleas cSpBclfy)Percent Res pans36.8%29.7-Xi7.3%21-4%d.7%we207SURVEY COMMENTS (OtherImprovements to BeachPath?)Need to ticket people not following rules- peopfe are moving way too fastAdd bike parking and bike lockersPlease enforce speed restrictions for ALL types of vehicles on the pathRequire all e-bike rental shops do safety clinicsEliminate e-bikes on pathPut dogs on short leashRemove homelessCleaner restroomsDon't feed the squirrelsAdd signalized crosswalks along PCHReplace staircasesChifdren under 16 should not be able to ride an e-bike. They do not know the rules ofthe road.More signageEducate public on bike safety34
9/6/2022Survey Findings (Bicycle)Bicycle Network FindingsTop areas for improvementsExpanding the on- and off-streel bicycle networkImprove intersections and ciossingMore secure bike parking, concerns of bike theftsBike commuters would like altemdtc patH& bcsidc&Beach Path as a commute optionEnforcement of speeding motunyls along ruddwaysWhy it Matters* Bicycle use, and areas for networkimprovements15. In what ways would you Like to see the bicycle network improved?[Please check all that apply]II I..11^y^z^//>yz^yyyy^yy^'y/^y//yyyySurvey Findings (Pedestrian)Pedestrian Network FindingsTop areas for improvementsImproving existing sidewalk conditions (width.connectivity)improve intersection crossingsProvide more trees / shadeConcerns of long gaps between stop or signaiizedcontfolfed crossingsDrivers mahing a red light right when pedestrianshave right of wayWhy it MattersPedestrian use, and areas for improvementto corridors and intersections (typical)19. In what ways would you like to see the pedestrian networkimproved? (please check aLL that apply).^ -^ ^^y/^y/yvy y35
Detailed Schedule20229/6/2022August > September > October > November ^> December-y- Advisory Group MeetingsPublic MeetingsExistingConditions MemoBeach Path SurveyWebsiteLaunchMobility Implementation PlanBeach Path DiscussionBluff Top ProjectSeparated PathsRadar Feedback signs^^'^•-.^';":^K-— a^"; - .^Y-, -^ • ."^•>-l..'i).'j'- ;•. '^ iir^/36
9/6/20221037
City of Huntington Beach
2000 Main Street,
Huntington Beach, CA
92648
File #:22-513 MEETING DATE:9/6/2022
Mike Michaud with Dance4Joy Ministries and member of the Greater Huntington Beach
Interfaith Council
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City of Huntington Beach
2000 Main Street,
Huntington Beach, CA
92648
File #:22-611 MEETING DATE:9/6/2022
Mayor Delgleize to call on HBPD Chief Eric Parra to present graduation certificates to the
Wildlife Watch volunteers
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City of Huntington Beach
2000 Main Street,
Huntington Beach, CA
92648
File #:22-666 MEETING DATE:9/6/2022
Mayor Delgleize to present commendation to Special Olympics athlete Joe Hreish for
receiving the Kiwanis Team Special Olympics Athlete of the Year Award for 2022
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City of Huntington Beach
2000 Main Street,
Huntington Beach, CA
92648
File #:22-720 MEETING DATE:9/6/2022
Mayor Delgleize to present a proclamation to OC Hunger Alliance in recognition of Hunger
Action Month
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City of Huntington Beach
2000 Main Street,
Huntington Beach, CA
92648
File #:22-739 MEETING DATE:9/6/2022
Mayor Delgleize to call on Chief Parra to present commendations to members of Home
Depot’s Management Team for coordinating the design and fabrication of two memorial
benches in honor of fallen officer Nicholas Vella
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City of Huntington Beach
2000 Main Street,
Huntington Beach, CA
92648
File #:22-754 MEETING DATE:9/6/2022
Mayor Delgleize to present the July Mayor’s HB Excellence Award to Jimmy Hoang, Code
Enforcement Supervisor in the Community Development Department, and the August Mayor’s
HB Excellence Award to Sergeant Scott Marsh with HBPD
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City of Huntington Beach
2000 Main Street,
Huntington Beach, CA
92648
File #:22-524 MEETING DATE:9/6/2022
Appoint Voting Delegate and Alternates for the League of California Cities Annual Conference
and Expo - September 7-9, 2022
To be entered if memo received
Appoint a City Council Member to serve as the voting delegate and a City Council Member as an
alternate, to represent the City of Huntington Beach at the 2022 League of California Cities Annual
Conference & Expo. The General Assembly will be held on Friday, September 9, 2022.
City of Huntington Beach Printed on 8/31/2022Page 1 of 1
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48
City of Huntington Beach
2000 Main Street,
Huntington Beach, CA
92648
File #:22-691 MEETING DATE:9/6/2022
Welcome to New OneHB Team Members
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City of Huntington Beach
2000 Main Street,
Huntington Beach, CA
92648
File #:22-711 MEETING DATE:9/6/2022
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 July 19, 2022 , and the regular
meeting minutes of August 2, 2022, require review and approval.
Financial Impact: None.
Recommended Action:
A) Approve and adopt the City Council/Public Financing Authority regular meeting minutes dated
July 19, 2022; and,
B) Approve and adopt the City Council/Public Financing Authority regular meeting minutes dated
August 2, 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. July 19, 2022 CC/PFA regular meeting minutes
2. August 2, 2022 CC/PFA regular meeting minutes
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File #:22-711 MEETING DATE:9/6/2022
City of Huntington Beach Printed on 8/31/2022Page 2 of 2
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Minutes
City Council/Public Financing Authority
City of Huntington Beach
Tuesday, July 19, 2022
4:00 PM - Council Chambers
6:00 PM - Council Chambers
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
City Clerk Robin Estanislau requested, and was granted, permission to be absent pursuant to City
Charter Section 310 (a).
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution)
Pursuant to the Brown "Open Meetings" Act, Assistant City Clerk Patty Esparza announced
supplemental communications received by her office following distribution of the Council Agenda packet:
Study Session
#2 (22-622) A PowerPoint communication titled Fiscal Year 2022/23 Adopted Budget Review Including
Revenues and Expenditures Report submitted by Dahle Bulosan, Chief Financial Officer.
PUBLIC COMMENTS PERTAINING TO STUDY SESSION / CLOSED SESSION ITEMS
(3 Minute Time Limit) — 1 In-Person Speaker
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.
Rob Pool was called to speak and shared that his review of the budget page being publicly circulated
appears to him to be redacted when compared to what is currently on the City's website, and asked if the
footnotes were part of the original document. (00:01:23)
STUDY SESSION
1. 22-628 Presentation on the Brown "Open Meetings" Act by the City Attorney’s Office
52
City Council/PFA Regular Meeting Minutes
July 19, 2022
Page 2 of 14
City Attorney Michael Gates introduced Chief Assistant City Attorney Michael Vigliotta, who has 20 years
of Brown Act training experience.
Assistant Chief City Attorney Vigliotta provided a brief overview of Brown Act, and addressed four basic
areas: 1) Overview; 2) Types of Meetings the City Has; 3) How to Address Non-Agendized Items; and 4)
What Value Do Ad Hoc Committees Have? He stated the laws that guide how government does
business, also known as “sunshine” laws, provide light and transparency for the public on how decisions
are made. Chief Assistant City Attorney Vigliotta stated he has a full one-hour presentation that goes into
greater detail, and noted that the League of California Cities provides an invaluable resource on the
Brown Act.
He continued by explaining all meetings of a legislative body of a local agency have to be open to the
public, and notice of regular meetings must be provided to the public at least 72 hours before by posting
the agenda with a brief general description of all items of business. A meeting is a congregation of a
majority of legislative body members to discuss or deliberate any item. Any gathering of four or more
City Councilmembers will trigger the Brown Act, whether an in-person meeting or electronic
communications discussing issues.
The City Council has three types of meetings. Regular meetings require an agenda to be publicly posted
72 hours in advance; special meetings require an agenda to be publicly posted 24 hours in advance; and
emergency meetings, which don't normally require advance notice, possibly called because of a natural
disaster, or similar true emergency situation.
Non-Agendized issues may be discussed during Public Comments, however the Brown Act meeting
rules do not allow for Councilmember response to non-agendized issues. There are exceptions that
allow for non-substantive Councilmember comment.
Ad Hoc committees are created by formal action of the City Council, composed of less than a quorum, to
address a specific item where Councilmembers need more information. Ad Hoc committees cannot take
any formal action, but report back to the City Council, and once the Ad hoc committee has completed
their task the committee should be dissolved.
Councilmember Kalmick thanked Chief Assistant City Attorney Vigliotta for his presentation, and clarified
his understanding that Council can ask staff a question, or make a factual statement, in response to a
Public Comment.
City Attorney Gates described how easy it is to commit a Brown Act violation and advised that when a
Councilmember disagrees with a public speaker, the Councilmember should address the Mayor and
request that the City Manager bring the item back to another meeting.
Councilmember Carr quoted Government Code Section 54954.2 which states, in part, that ". . . members
of a legislative body or its staff may briefly respond to statements made or questions posed . . .” and
expressed her concern that sometimes the type of public comments that are received in her opinion
cannot be left unaddressed for two weeks.
City Attorney Gates responded that in reality it is so easy for a Councilmember to suddenly find
themselves in a two-way communication with a public speaker, which would be a violation of the Brown
Act, and noted there is a balancing act which can easily go the wrong way.
53
City Council/PFA Regular Meeting Minutes
July 19, 2022
Page 3 of 14
Councilmember Bolton confirmed with Chief Assistant City Attorney Vigliotta that Ad Hoc committees are
not prohibited by the Brown Act.
Councilmember Posey stated the League of California Cities is a great resource for Brown Act
information, including a 10–page document titled The Essential Hour, Your First Public Meeting Brown
Act Basics which he especially recommended for all City Council candidates.
Councilmember Moser and Chief Assistant City Attorney Vigliotta discussed certain circumstances where
Councilmembers can be at the same event at the same time, and not violate the Brown Act, but must
remember to not discuss any City business.
2. 22-622 Review of the Budget including the Revenues and Expenditures Report
City Manager Zelinka introduced Chief Financial Officer Dahle Bulosan who presented a PowerPoint
communication entitled FY 2022/23 Adopted Budget Review including the Revenues and Expenditures
Report with slides titled Presentation Overview, FY 2022/23 Budget Highlights, General Fund Budget
Review, HB Recovery Projects $29.6M (2), All Funds Review and Expenditure Summary, City of
Huntington Beach Adopted Budget - FY 2022/23, All Funds Revenues & Expenditure Summary,
Overview of the Capital Improvement Program & Capital Equipment Budgets, FY 2021/22 CIP &
Equipment Budget, FY 2022/23 CIP & Equipment Budget, Summary, and Questions?
Mayor Pro Tem Posey thanked CFO Bulosan for the presentation and stated his opinion that the budget
meeting is the single most important meeting of the year. He noted that Calcities.org has a training
academy tool that explains budget information for new councilmembers and mayors.
Regarding Park Development Impact Fee Fund Balance, Mayor Pro Tem Posey explained that the
balance will be zero in 2023, and shows how accumulated funds are being spent. He noted that the next
Council will have to address what to do about funds for continued park maintenance. Mayor Pro Tem
Posey also referenced a California League of Cities PowerPoint presentation (slide #4) regarding
department head procurement procedures and policies, and requested that City Manager Zelinka review
Huntington Beach best practices to make sure that Huntington Beach is in line and transparent.
City Manager Zelinka responded that he had that in his plan for the first 30 days to review that with
Finance and that he will be able to return with a path forward about mid-August.
Councilmember Posey also noted the specific spreadsheet in question that had been posted publicly,
shown in the PowerPoint presentation with red boxed numbers, and confirmed with CFO Bulosan the
"Personnel Costs" of approximately $363M reflects the proceeds from the Pension Obligation Bonds.
The bigger amount in that column reflects the payment made to California Public Employees Retirement
System (CalPERS) to reduce the Unfunded Accrued Liability (UAL). He noted that these are one-time
anomalies which are not likely to be repeated.
CFO Bulosan also noted that the bonds were refinanced at a lower rate which saved the City money.
Mayor Pro Tem Posey commended his fellow Councilmembers, and CFO Bulosan for delivering a
balanced budget with a modest surplus.
Councilmember Moser thanked CFO Bulosan for this presentation and responding to the residents'
concerns in a timely manner.
54
City Council/PFA Regular Meeting Minutes
July 19, 2022
Page 4 of 14
CFO Bulosan clarified that the spreadsheet annotations were added after seeing public remarks and
confirmed the annotations were not part of the original document.
Councilmember Kalmick clarified that what was shown on the PowerPoint slide tonight, compared to
what had been shared via social media, specifically the negative numbers for all categories just shows
the decrease from the previous year.
CFO Bulosan stated there is a separate report that precedes this specific worksheet which shows each
fund balance, how much it was drawn down and how much was added during the year. Councilmember
Kalmick confirmed those big negative numbers do not represent a deficit. He thanked CFO Bulosan and
commended him on all of his hard work on preparing the budget documents, and suggested when
residents have questions or concerns, they communicate directly with Councilmembers and/or staff to
get timely answers.
A motion by Posey, second Carr to recess to Closed Session. With no objections the motion passed.
RECESSED TO CLOSED SESSION – 5:02 PM
CLOSED SESSION
3. 22-621 CONFERENCE WITH LEGAL COUNSEL – LITIGATION (Gov. Code section
54956.9(d)(4).): Number of Matters: One (1) – City of Long Beach et. al v. Monsanto
Company et. al. Case No. 2:16-cv-03493-FMO-AS.
6:00 PM - COUNCIL CHAMBERS
RECONVENED CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING – 6:04 PM
ROLL CALL
Present: Peterson, Bolton, Posey, Delgleize, Carr, Moser, and Kalmick
Absent: None
City Clerk Robin Estanislau requested, and was granted, permission to be absent pursuant to City
Charter Section 310 (a).
PLEDGE OF ALLEGIANCE — Led by Councilmember Bolton
INVOCATION
In permitting a nonsectarian invocation, the City does not intend to proselytize or advance any faith or
belief. Neither the City nor the City Council endorses any particular religious belief or form of invocation.
4. 22-515 Deacon Matt Calabrese with St. Simon & Jude Catholic Church and member of the
Greater Huntington Beach Interfaith Council
CLOSED SESSION REPORT BY CITY ATTORNEY — None
55
City Council/PFA Regular Meeting Minutes
July 19, 2022
Page 5 of 14
AWARDS AND PRESENTATIONS
5. 22-594 Mayor Delgleize to call on the Huntington Beach Marine Safety Division to honor
Junior Lifeguard Elizabeth Felten for her heroic act of saving the life of a six-year-
old boy
6. 22-523 Mayor Delgleize presented the June Mayor’s HB Excellence Award to Milan Vukoje,
Supervisor of Parking / Camping Facility in the Community and Library Services
Department
Community and Library Services Director Chris Cole introduced Mr. Vukoje noting he joined the City in
2010 as a Parking/Camping Assistant, and quickly rose to Part-Time Supervisor. In 2015 he became a
full-time Parking Assistant, and in 2020 became the Parking/Camping Facility Supervisor. An interesting
fact is that Milan worked alongside Jim Carey in the movie Yes Man. Milan’s best attribute as an
employee is his collaboration with other departments to get things done, such as adding new innovative
technologies for verifying paid parking fees, reconfiguring parking striping to maximize efficiencies,
helped to launch a new website (hbrv.org) to reserve beach camping spots, developing a new on-line
system for getting annual parking passes, adding WiFi to the Parking Booth to support a new point-of -
sale scanning system, and providing analytics.
Mr. Vukoje thanked Mayor Delgleize for the acknowledgement and noted all of those things he was just
credited for were really accomplished through an exceptional team of co-workers.
7. 22-607 Mayor Delgleize to present the July Mayor's HB Excellence Award to Jimmy Hoang,
Code Enforcement Supervisor in the Community Development Department
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution)
Consent Calendar
#8 (22-615) Inter-department communication memo received from Robin Estanislau, City Clerk,
regarding the submission of draft meeting minutes of the City Council/Public Financing
Authority regular meeting of July 5, 2022.
#10 (22-597) PowerPoint presentation entitled Warner Fire Station Fuel Dispensary submitted by
Director of Public Works, Sean Crumby.
Administrative Items
#12 (22-601) Inter-Office memo including a PowerPoint presentation entitled Adoption of Resolutions
to Place Cannabis Business Regulation & Taxation Measures and Resolution Nos.
2022-50, 2022-51, and 2022-52 pertaining to “Option 4” of the Charter amendment
submitted by Travis Hopkins, Assistant City Manager.
Inter-department Communication from Assistant City Manager, Travis Hopkins
submitting alternative Resolution Nos. 2022-46, 2022-48 and 2022-49 in the event
Council votes to only place the cannabis business taxation measure on the November
8, 2022 General Municipal Election ballot.
Letter received from the Ocean View School District Superintendent Michael Conroy,
Ed.D. and Gina Clayton-Tarvin, Board President regarding the placement of Cannabis
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Business Regulation and Taxation Measures on the November 8, 2022 General
Municipal Election Ballot.
Letter received from Jonatan Cvetko, Executive Director for United Cannabis Business
Association (UCBA) regarding the placement of Cannabis Business Regulation and
Taxation Measures on the November 8, 2022 General Municipal Election Ballot.
Eighteen (18) email communications received regarding the proposed adoption of
resolutions to place Cannabis Business Regulation and Taxation Measures on the
November 8, 2022 General Municipal Election Ballot.
PUBLIC COMMENTS (3 Minute Time Limit) — 14 In-Person and 6 Call-In Public Speakers
The number [hh:mm:ss] following the speakers' comments indicates their approximate starting time in
the archived video located at http://www.surfcity-hb.org/government/agendas.
Luanne Nichols was called to speak and shared examples of her experiences as a public speaker over
the last couple of years and shared her disappointment with some councilmembers. (01:17:33)
Gina Alexander, Skandia Mobile Home Park Home Owner Association Vice President, was called to
speak and asked what is being done regarding the proposed Rental Assistance Program. She also
announced that the Mobile Home Advisory Board quarterly meeting is next Monday, July 25, 2022, and
asked that some Councilmembers attend to demonstrate their concern about the situation. (01:19:56)
Dan Panatano, Skandia Mobile Home Park homeowner, was called to speak and stated he feels he is
being robbed of the efforts for raising his family and being productive members of Huntington Beach
through the big conglomerate investors buying up all the real estate and making middle-income families
become renters. He asked that Councilmembers not remain silent about their efforts to provide
assistance, and suggested they could respond through the Mobile Home Advisory Board. (01:23:10)
Cari Swan was called to speak and stated her opposition to Administrative Items #12 regarding adoption
of resolutions to place cannabis business regulation and taxation measures on the November 8, 2022,
General Municipal Election ballot. Ms. Swan also shared some details regarding a letter she received
from the attorney for Melahat Rafiei accusing her of making a false and defamatory statement during her
public comments at the last City Council meeting, and noted the accusation is not correct. (01:25:46)
R. Allen Baylis, a resident of Huntington Beach for 60 years, was called to speak and stated his support
for Administrative Items #12 regarding adoption of resolutions to place cannabis business regulation and
taxation measures on the November 8, 2022, General Municipal Election ballot. Mr. Baylis also stated
his support for allowing City Council to appoint the City Attorney. (01:28:57)
Damian Martin, Attorney and Co-Founder, Catalyst Cannabis Co., with 13 retail stores in California, was
called to speak and offered to assist and support the City Council cannabis efforts. Mr. Martin
recommended deferring to State operating hours; keeping the majority of buffer zones to 600 feet; and
measuring from the front door of the dispensary building to the parcel line of the sensitive use.
(01:31:50)
Cristian Martinez, a researcher, political and community organizer with United Food and Commercial
Workers (UFCW) Local 324 representing cannabis workers in Long Beach and throughout Orange
County, was called to speak and stated his opinion that it is important for city councils to work closely
with their local union to ensure input from those working in the cannabis industry. Mr. Martinez stated his
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support for Administrative Item #12 regarding adoption of resolutions to place cannabis business
regulation and taxation measures on the November 8, 2022, General Municipal Election ballot.
(01:35:06)
Jenny Phan, cannabis industry worker and UFCW Local 324 member, was called to speak and as a
person with experience in illicit and legal cannabis operations stated her support for protecting employee
rights, benefits, and setting standards. Ms. Phan encouraged Councilmembers to partner with Labor to
support the ability of workers to thrive and sustain themselves in a growing cannabis industry. (01:36:43)
Jason Piazza, a life-long resident of Costa Mesa and cannabis real estate specialist, was called to speak
and stated his support for Administrative Item #12 regarding adoption of resolutions to place cannabis
business regulation and taxation measures on the November 8, 2022, General Municipal Election ballot.
Mr. Piazza made recommendations based on his experience for creating green zones which spread out
the dispensaries. (01:38:24)
Michael Moussalli, a 5-year resident of Huntington Beach and owner of a Costa Mesa cannabis
business, was called to speak and commended City Council for engaging the community in the process
of determining the best governance policies. Mr. Moussalli recommended following State guidelines for
600-foot buffers, and allowing operation hours from 6 AM to 10 PM. (01:41:41)
Russell Neal, a resident of Huntington Beach, was called to speak and stated his opposition to
Administrative Items #12 regarding adoption of resolutions to place cannabis business regulation and
taxation measures on the November 8, 2022, General Municipal Election ballot. He further suggested
that Councilmember efforts should lead the fight against legalization on behalf of the residents, rather
than supporting legalization. (01:44:55)
Kathy Neal, a resident of Huntington Beach, was called to speak and stated her opposition to
Administrative Items #12 regarding adoption of resolutions to place cannabis business regulation and
taxation measures on the November 8, 2022, General Municipal Election ballot. Ms. Neal quoted from a
2017 Daily Pilot article that Huntington Beach City Council unanimously approved a zoning amendment
to prohibit the sale and distribution of non-medical marijuana and cultivation of recreational marijuana,
and asked what has changed since then. (01:47:46)
Maureen was called to speak and stated that the City is spending approximately $250,000 for bike lanes,
and shared a picture of a long-time hazardous sidewalk in her neighborhood. Maureen asked how funds
can be moved to address unsafe and hazardous sidewalk situations from special interest projects like
bike lanes, and shared her opinion that some councilmembers appear disinterested during public
comments. (01:51:02)
Matthew Nathaniel, Director of Retail Expansion, Shryne Group, was called to speak and shared his
concerns related to Administrative Item #12 regarding adoption of resolutions to place cannabis business
regulation and taxation measures on the November 8, 2022, General Municipal Election ballot. Mr.
Nathaniel recommended following State guidelines for 600-foot buffers, and 6 AM to 10 PM hours of
operation. He noted that Council appears to be setting very high barriers which will make it difficult for
smaller "social equity" applicants. (01:53:50)
Caller Ada Hand, a resident of Del Mar Mobile Home Park, was invited to speak and noted that the City
has not completed a comprehensive study of Huntington Beach mobile home parks since 2002 to
educate Councilmembers on the resources and needs of mobile home residents. Ms. Hand noted that
the Huntington Beach Mobile Home Advisory Board (MHAB) passed a motion to request a 2022 Mobile
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Home Market Study for the City's consideration, and requested that staff present a report of actions
taken for this Market Study for the upcoming MHAB meeting on July 25th. (01:57:14)
Caller Ally Plum, owner of a Del Mar Mobile Home Park manufactured home, was invited to speak and
stated she expected an update tonight on the proposed Tenant Based Rental Assistance (TBRA)
program, and noted that her requests to City Council for information have gone unanswered. Ms. Plum
encouraged everyone to attend, via Zoom or in person, the next Mobile Home Advisory Board (MHAB)
meeting on Monday, July 25, 2022, at 5 PM. (02:00:34)
Caller Brayan Ariaza, Culture Cannabis Club, with approximately 25 licenses throughout California, was
called to speak and stated support for the City Council efforts to adopt cannabis business regulations,
and added the Club looks forward to the opportunity to do business in Huntington Beach. (02:02:45)
Caller Bobbi King, a resident of Huntington Beach for nearly 30 years, currently living in Del Mar Mobile
Home Park, was invited to speak and asked that Councilmembers support a Section 803 Rent
Stabilization Ordinance (RSO) for mobile home parks in Huntington Beach. (02:03:27)
Caller Mary Jo Baretich, a 40-year homeowner in Cabrillo Mobile Home Park, was invited to speak and
requested City Council support for a carve out to City Charter Section 803 for a Rent Stabilization
Ordinance (RSO) to be voted on in November 2022. Ms. Baretich noted that a majority of mobile home
owners in Huntington Beach are seniors, veterans, disabled and low-income, and shared her opinion that
the proposed Rental Assistance program will only help a very small portion of Huntington Beach mobile
home owners. (02:06:47)
Caller Ben, a 10-year resident of Huntington Beach, was invited to speak and asked what the distance
requirement is between a marijuana smoker and the neighbor's common wall. (02:08:49)
COUNCIL COMMITTEE — APPOINTMENTS — LIAISON REPORTS, AB 1234 REPORTING, AND
OPENNESS IN NEGOTIATIONS DISCLOSURES
Councilmember Carr announced she was appointed as Vice Chair of the Legislative Committee for OC
Sanitation, and reported she attended a Downtown Business Improvement District (DBID) meeting.
Councilmember Bolton reported attending a Human Relations Committee meeting.
Mayor Pro Tem Posey announced that Southern California Association of Government (SCAG)
President and Palm Desert Mayor Jan Harnock appointed him to the SCAG Legislative, Communications
and Membership Committee.
Councilmember Moser reported attending the Human Relations Committee meeting, and a Downtown
Business Improvement District (DBID) meeting.
Mayor Delgleize reported attending meetings of the Orange County Transit Authority (OCTA) Board,
Orange County Council of Governments (OCCOG) State Commission, and the town hall meeting in
Huntington Harbour held by Police Chief Parra.
CITY MANAGER’S REPORT — City Manager Zelinka reported that last week he attended new
firefighter water safety training at the Warmer Fire station with Fire Chief Haberle, and he also took a tour
of the Huntington Beah Police Department facilities with Chief Parra.
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Chief Parra reported that Huntington Beach Police Officers apprehended two suspects from an out-of -
state smash and grab after engaging in a 90-minute pursuit.
CONSENT CALENDAR
Councilmember Kalmick pulled Item # 10, and noted that Item #8 has amendments.
8. 22-615 Approved and Adopted Minutes
A motion was made by Posey, second Moser to approve and adopt the City Council/Public Financing
Authority regular meeting minutes dated July 5, 2022, as amended by supplemental communication.
The motion, as amended by supplemental communication, carried by the following vote:
AYES: Peterson, Bolton, Posey, Delgleize, Carr, Moser, and Kalmick
NOES: None
9. 22-236 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 Posey, second Moser 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
10. 22-597 Appropriated funds for emergency maintenance repairs at Warner Fire Fuel Station
located at 3831 Warner Avenue
Councilmember Kalmick pulled this item to discuss further with staff and asked for a presentation.
Public Works Director Sean Crumby presented a PowerPoint communication titled Warner Fire Station
Fuel Dispensary, with slides entitled Warner Fire Station Fuel Dispensary (3), Fleet Management Plan,
and Questions?
Mayor Delgleize and Director Crumby discussed repair cost vs the cost of replacement. Director Crumby
confirmed there are new Air Quality Management District (AQMD) mandates that will be included in the
project.
Mayor Pro Tem Posey thanked Councilmember Kalmick for pulling the item for discussion, and helping
to provide transparency for this expenditure. Mayor Pro Tem Posey asked if $550,000 is sufficient to
complete the project. Director Crumby confirmed his department has been performing due diligence
since April to present accurate numbers, which are based on actual bids, and include a contingency.
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Mayor Pro Tem Posey and Director Crumby discussed that Sunwest, the vendor providing project
maintenance and who will provide the repairs, was secured through a competitive bid process, and staff
is cross-comparing to ensure continued value.
Mayor Pro Tem Posey asked that the staff report after project completion would include information on
the competitive bidding process.
Councilmember Carr confirmed that this is the only site that the City dispenses fuel for Lifeguard boats
and inquired how long the project is expected to take. Director Crumby replied that the longest part of
the project is procurement, during which time everything continues to be operational, and he noted
temporary options are available. He also stated the construction will be coordinated to minimize impact
on Marine Safety, while addressing the County's concerns in a timely manner.
Director Crumby stated there are about 5,000 gallons of gas, and 4,000 gallons of diesel in the ground at
this location, and confirmed there are a series of portable generators available if the power goes out
which could be available in about 20 minutes.
There was further discussion regarding possible use of a nearby public gas station. Public Works
Operations Manager Denny Bacon noted he has started dialogue with owners and managers of area
public gas stations but there are no numbers or any information to share at this time. It was noted that
the station adjacent to the Warner fuel dispensary does not have diesel.
A motion was made by Posey, second Carr to appropriate $550,000 in Transfers Out from FY2021/22
General Fund year-end surplus to the Infrastructure Fund; and, appropriate $550,000 from the
Infrastructure Fund to account 31440006.82800.
The motion carried by the following vote:
AYES: Peterson, Bolton, Posey, Delgleize, Carr, Moser, and Kalmick
NOES: None
11. 22-568 Approved reappointments of Jet Noise Commissioners Keith Bohr, Phil Burtis, Jeff
Morin, Chris Kunze, Michael Bourgeault, David Porter, and Mario Tabernig, as
recommended by City Council Liaisons Delgleize and Bolton
A motion was made by Posey, second Moser to approve the reappointment of Keith Bohr, Phil Burtis,
and Mario Tabernig to the Jet Noise Commission as approved by Council Liaisons, Delgleize and Bolton,
with terms set to expire on December 31, 2024; and, approve the reappointment of Jeff Morin, Chris
Kunze, Michael Bourgeault, and David Porter to the Jet Noise Commission as approved by Council
Liaisons, Delgleize and Bolton, with terms set to expire on December 31, 2026.
The motion carried by the following vote:
AYES: Peterson, Bolton, Posey, Delgleize, Carr, Moser, and Kalmick
NOES: None
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ADMINISTRATIVE ITEMS
12. 22-601 Adoption of Amended Resolution Nos. 2022-48, 2022-49, 2022-46, and 2022-47 to
place Cannabis BusinessTax Measure on the November 8, 2022 General Municipal
Election Ballot for Voter Approval
City Manager Zelinka introduced Senior Administrative Analyst Grace Yoon-Taylor who presented a
PowerPoint communication titled Adoption of Resolutions to Place Cannabis Business Regulation and
Taxation Measures with slides entitled Background - City of Huntington Beach (2), Next Steps, Cannabis
Business Tax Ballot Measure (2), City of Huntington Beach - Cannabis Business Tax Ballot Measure -
General Tax, Number of Available Parcels/Properties, Availability of Parcels - Storefront Retailers,
Availability of Parcels: Non-Retail & Type 9 Retail, Cannabis Business Regulation Measure Ballot
Language Options 1-4 - Continued (3), Cannabis Business Regulation Measure Ballot Language Options
1-4, Timeline & Next Steps, Recommended Actions, and Questions?
Mayor Delgleize asked if the buffer distances and measurement lines, whether front door to property line
or property line to property line, has already been determined, and Senior Planner Hayden Beckman
confirmed that it has not.
Councilmember Kalmick and Senior Planner Beckman discussed whether or not to omit Specific Plans
from allowing cannabis businesses, and Senior Planner Beckman noted this is still up to the Council to
decide.
Councilmember Kalmick stated his opinion there is need for further discussions on buffer distances, and
noted it is important to get more community input regarding allowed hours of operation.
Councilmember Carr noted that the public has provided feedback regarding the buffers, and stated the
need for more public outreach since there has only been one townhall and study session regarding this
topic. She thanked Public Speakers Cristian Martinez and Jenny Phan for speaking about the industry
from the business and professional perspective. She stated her support for determining a residential
buffer, especially in consideration for the residents who are adjacent to non-retail sites; noted her support
for only allowing retail, testing and manufacturing, but not cultivation in the Ordinance.
Councilmember Carr added there has been no discussion to date to address zoning and concerns
regarding Regional Housing Needs Assessment (RHNA) State mandates, and added that housing
should be the priority, and cannabis overlays should not be allowed on residential zones. She stated
support for only moving forward with putting the tax measure on the ballot at this time.
Councilmember Moser asked if staff had considered property line to front door buffers, and Senior
Planner Beckman replied that has not been done yet, but those metrics could be completed moving
forward when preparing for presentation to the Planning Commission.
Councilmember Moser agreed that the tax measure should be presented to the voters, and stated her
support for including as much detail as possible for the voters. She also stated support for eliminating all
Specific Plans, as well as seeing maps showing the overlay of housing element and cannabis zones to
determine whether or not there are conflicting overlays.
Mayor Delgleize confirmed with Assistant City Manager Hopkins that no cannabis businesses are
allowed in residential zones.
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Councilmember Peterson stated support for 1,000-foot buffers and shared his opinion that this item is
moving too quickly. He expressed concerns regarding the odor from cultivation and manufacturing, and
believes the residents deserve information, studies and transparency before they have the opportunity to
vote.
Councilmember Bolton noted there is a need to balance legitimate resident concerns regarding the
buffers while remaining aware of the goal to ensure the product end cost does not become more
expensive than the 'black' market. She asked for clarification on the number of locations permitted, and
asked to see how many viable locations there would be on a map with a 1,000-foot buffers.
Mayor Pro Tem Posey stated his support for the comments of Councilmembers Peterson and Carr that
decisions on this topic need to slow down. He stated appreciation for the comments made by Public
Speaker Mr. Moussalli and his breakdown of numbers. He added his support for looking at the impact of
a residential buffer, as well as potential cannabis and residential overlays. Mayor Pro Tem Posey shared
his opinion that the potential of generating revenues of $300,000 to $900,000, or trying to stay ahead of
special interests, are not good reasons for legislation. He reiterated that he does not support new taxes
and added it would be wise to re-define locations while being mindful of residents and the priority for
Regional Housing Needs Assessment (RHNA) housing.
Councilmember Kalmick suggested staff work on getting more public input on buffers and hours of
operation before a Council decision, and stated his support for moving forward with only putting the tax
issue on the ballot.
Councilmember Carr requested that if the voters approve a tax, the actual amount should not be set
before being reviewed by the Finance Commission.
Straw Vote
Councilmember Kalmick motioned to allow more time for resident feed-back regarding buffer amounts
and operating hours through more town hall meetings, and returning that information along with potential
residential/retail overlays for further Council discussion.
Vote: 7 – 0
A motion was made by Carr, second Kalmick to consider two one proposed cannabis ballot measures (for
regulation and taxation) and ballot language for placement on the November 8, 2022 General Municipal
Election ballot; and, adopt Resolution No. 2022-48, "A Resolution of the City Council of the City of
Huntington Beach, California, Ordering the Submission to the Qualified Electors of the City of a General
Tax Measure for the Submission to the Qualified Voters of a Proposed Ordinance Adding Chapter 3.25 to
Title 3 of the Huntington Beach Municipal Code, Establishing a General Tax on Cannabis Businesses
Operating within the City of Huntington Beach and an Advisory Measure Regarding the Regulation of the
Commercial Cannabis Businesses at the General Election to be held on Tuesday, November 8, 2022, as
Called by Resolution No. 2022-39 "; and, adopt Resolution No. 2022-49, "A Resolution of the City Council
of the City of Huntington Beach, California, Adding Two One Additional Measures to the Request to the
Board of Supervisors of the County of Orange to Consolidate A General Municipal Election to be held on
November 8, 2022, with the Statewide General Election to be held on the Date Pursuant to Section 10403
of the Elections Code"; and, adopt Resolution No. 2022-46, "A Resolution of the City Council of the City of
Huntington Beach, California, Setting Priorities for Filing Written Arguments and Impartial Analyses
Concerning Regulation and Taxation of the Commercial Cannabis Businesses within the City of
Huntington Beach"; and, adopt Resolution No. 2022-47, "A Resolution of the City Council of the City of
Huntington Beach, California, Providing for the Filing of Rebuttal Arguments for City Cannabis Regulation
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and Taxation Measures Submitted at Municipal Elections"; and, provide any additional direction on
commercial cannabis regulatory framework as the Ad Hoc Subcommittee and City staff continue to work
on regulatory and land use ordinances, as amended by supplemental communication to remove
language pertaining to regulation of cannabis business.
The motion carried by the following vote:
AYES: Moser, Kalmick, Bolton, Delgleize, and Carr
NOES: Peterson, and Posey
City Attorney Michael Gates reminded Mayor Delgleize that the Council needed a resolution declaring
who will be doing the arguments for and against the cannabis taxation measure.
Councilmembers Carr, Kalmick and Bolton agreed to provide the argument in favor.
COUNCILMEMBER COMMENTS (Not Agendized)
Councilmember Carr commended the Marine Safety Division and Huntington Beach Junior Lifeguards for
a successful BBQ. Fire Chief Haberle noted that with over 1,400 Junior Lifeguards participating this
summer, this is the biggest group ever.
Mayor Pro Tem Posey thanked the Huntington Beach Chamber of Commerce for hosting the golf
tournament at the Huntington Club, and congratulated his wife Jeannie for being the women's "closest to
the pin" winner.
Councilmember Peterson announced the new restaurant at the end of the Pier had their soft opening
today.
Councilmember Moser reported attending the Coffee With A Cop event with many Huntington Beach
Police Officers and Be Well HB staff; 1-Year Anniversary Celebration for Taste Cantina by Bonito; and
Marine Safety Division and Huntington Beach Junior Lifeguards BBQ. Councilmember Moser noted that
during Public Comments she writes down the speakers' names and their comments to help her learn
people's names and their concerns, and has done so for every City Council meeting she has attended.
Regarding concerns about Sunset Beach and some homeless issues, she noted some of the changes
taking place, and stated that SurfCityBreak.com/SunsetBeachImprovementsContinue is the place to find
the details.
Councilmember Moser recognized Former Mayor Ralph Bauer who recently passed away. She
described him as someone truly dedicated to Huntington Beach, and noted the whole Bauer Family has
made a legacy difference for the community. Dr. Bauer and Former Mayor Shirley Dettloff were
instrumental in creating the City's Human Dignity policy. He was able to remove the extemporaneous
and focus on base issues, and mentored her, and many others, on how to become civically engaged in
productive ways. Councilmember Moser described him as a giant in the community.
Mayor Delgleize announced there is a new bakery, The Shugar Shack in Harbour Mall, operated by a
young woman, her mother and sister, and encouraged a visit for a special treat. She reported making a
visit to Pinnacle Petroleum with Community Development staff, and presenting the Kiwanis Bob Gibbons
Award to Alex Longrong, Valedictorian of Marina High School.
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Mayor Delgleize thanked Councilmember Moser for sharing her response to the passing of Dr. Ralph
Bauer and noted this meeting would be adjourned in his memory. He served on the City Council for over
10 years, spent nearly 50 years involved in Surf City events, and was a true champion for many causes
in Huntington Beach. The Bauers were instrumental in building the Senior Center in Central Park, and
very involved in housing issues. Mayor Delgleize thanked the Bauer Family for their many, many
contributions to improving Huntington Beach through the years.
ADJOURNMENT — 8:38 PM in memory of former Huntington Beach Mayor Ralph Bauer, to the next
regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority is Tuesday,
August 2, 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
65
Minutes
City Council/Public Financing Authority
City of Huntington Beach
Tuesday, August 2, 2022
4:00 PM - Council Chambers
6:00 PM - Council Chambers
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 – 4:01 PM
ROLL CALL
Present: Bolton, Posey, Delgleize, Carr, Moser (arrived 4:03 PM), and Kalmick
Absent: Peterson
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS PERTAINING TO STUDY SESSION
AND CLOSED SESSION ITEMS (Received After Agenda Distribution)
Pursuant to the Brown "Open Meetings" Act, Assistant City Clerk Patty Esparza announced
supplemental communications received by her office following distribution of the Council Agenda packet:
Study Session
#1 (22-598) PowerPoint presentation entitled City of Huntington Beach Pavement Management Plan
(PMP) Overview submitted by Sean Crumby, Director of Public Works.
PUBLIC COMMENTS PERTAINING TO STUDY SESSION / CLOSED SESSION ITEMS — None
STUDY SESSION
1. 22-598 Residential Paving Program Update
Sean Crumby, Director of Public Works, introduced Chris Tanio, Principal Civil Engineer, who presented
a PowerPoint communication titled City of Huntington Beach Pavement Management Plan (PMP)
Overview, with slides entitled Background, Factors That Effect Pavement Life, What is Pavement
Condition Index (PCI)? (3), Huntington Beach Street Network, PCI Comparison, Historic Performance,
Residential Maintenance Zone Map, Maintenance Zones, 9-Year Maintenance Map, Funding Analysis for
PMP and Recommendation, and Questions.
Mayor Delgleize thanked staff for this important report.
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Councilmember Kalmick stated his support for data-driven analytics and shortening the cycle.
Mayor Pro Tem Posey and Director Crumby discussed the variables considered when evaluating street
conditions and staff recommendation for a 9-year cycle.
Councilmember Moser thanked staff for considering several cycle options for Council's consideration,
and discussed the challenges of maintaining alleys. Director Crumby explained that gas taxes and
Measure M funding cannot be used on alley ways. Councilmember Moser stated she would like to see
more communication informing residents of the plans for their neighborhood streets, and stated support
for the 9-year cycle to improve efficiency and performance, and having funds for other projects.
Councilmember Carr stated her appreciation for the dedication and commitment of Public Works staff,
past and present, for the Pavement Management Plan. She and Mayor Pro Tem Posey confirmed with
staff that residents can use the MyHB app or phone in any observed hazardous street conditions.
Councilmember Moser confirmed with Principal Civil Engineer Tanio that residents should not hesitate to
contact Public Works staff with their questions and observations, and staff is happy to meet one-on-one
to discuss and explain specific conditions.
There was further discussion on how landscaping, sidewalk, curb, gutter and street issues are all
addressed for each street maintenance project.
Mayor Delgleize announced the meeting was recessed to Closed Session.
CLOSED SESSION ANNOUNCEMENT(S)
2. 22-542 Mayor Delgleize Announced: Pursuant to Government Code § 54957.6., the City
Council takes this opportunity to publicly introduce and identify labor negotiators:
Al Zelinka, City Manager; also in attendance: Brittany Mello, Director of
Administrative Services, regarding the following: Huntington Beach Municipal
Teamsters (HBMT), Management Employees’ Organization (MEO), Police Officers’
Association (POA), Police Management Association (PMA), Huntington Beach
Firefighters’ Association (HBFA), Fire Management Association (FMA), Marine
Safety Management Association (MSMA), Surf City Lifeguard Employees’
Association (SCLEA), and Non-Represented (Non-Associated) Employees (NA).
RECESSED TO CLOSED SESSION – 4:35 PM
CLOSED SESSION
3. 22-536 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency
designated representatives: Al Zelinka, City Manager; also in attendance: Brittany
Mello, Director of Administrative Services, regarding the following: Huntington
Beach Municipal Teamsters (HBMT), Management Employees’ Organization (MEO),
Police Officers’ Association (POA), Police Management Association (PMA),
Huntington Beach Firefighters’ Association (HBFA), Fire Management Association
(FMA), Marine Safety Management Association (MSMA), Surf City Lifeguard
Employees’ Association (SCLEA), and Non-Represented (Non-Associated)
Employees (NA).
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4. 22-642 CONFERENCE WITH LEGAL COUNSEL-LITIGATION (Gov. Code section
54956.9(d)(4).): Number of Matters: One (1) - PFAS (Water Contamination).
5. 22-655 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of
subdivision (d) of Section 54956.9). Name of case: Watson (Kathleen) v. City of
Huntington Beach, OCSC Case No.: 30-2020-01122818.
6:00 PM – COUNCIL CHAMBERS
RECONVENED CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING – 6:05 PM
ROLL CALL
Present: Peterson, Bolton, Posey, Delgleize, Carr, Moser, and Kalmick
Absent: None
City Clerk Robin Estanislau requested, and was granted, permission to be absent pursuant to City
Charter Section 310 (a).
PLEDGE OF ALLEGIANCE — Led by Councilmember Kalmick
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.
6. 22-514 Charlie Niederman with Temple Beth David in Westminster, and member of the
Greater Huntington Beach Interfaith Council
CLOSED SESSION REPORT BY CITY ATTORNEY — None
AWARDS AND PRESENTATIONS
7. 22-639 Mayor Delgleize to call on Victoria Alberty to present the Adoptable Pet of the
Month
8. 22-594 Mayor Delgleize called on the Huntington Beach Marine Safety Division to honor
Junior Lifeguard Elizabeth Felten for her heroic act of saving the life of a six-year-
old boy
Mayor Delgleize introduced Huntington Beach Marine Safety Battalion Chief Leach, Marine Safety
Captain Hamborg, Program Coordinator Ledezma, and Junior Lifeguard Elizabeth Felten. Ms. Felten
described the situation of being at a children's pool party where a non-swimmer was found unresponsive
in the deep end of the pool. She jumped in to assist and her screams for assistance resulted in several
adults helping her pull the child from the pool and begin resuscitation. Thankfully the child was released
from the hospital the next morning. Ms. Felten stated how thankful she is for the Huntington Beach
Junior Lifeguard training, and she looks forward to completing lifeguard tryouts when she is old enough.
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Ms. Felten was presented a Certificate of Appreciation and thanked for keeping a level head and
responding in an appropriate manner.
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution)
Pursuant to the Brown "Open Meetings" Act, Assistant City Clerk Patty Esparza announced
supplemental communications received by her office following distribution of the Council Agenda packet:
Councilmember Items
#16 (22-659) Email communication received regarding recommendations from RWG report to Council
Action.
PUBLIC COMMENTS (3 Minute Time Limit) — 14 In-Person and 5 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.
Ryan Vigil, an Intern at the Huntington Beach Sports Complex and Sports Management Student at
Washington State University, and Destiny Sambrano, an Intern at the Huntington Beach Sports Complex
and student from Concordia University, Irvine, were called to speak and invited everyone to attend the 9
am – 3 pm Get Active Huntington Beach event on Sunday, August 14. Proceeds will support Project Self
Sufficiency. (00:52:48)
John Buzan was called to speak and shared his opinions related to COVID injection trials, court-ordered
data release, and follow-up research findings related to the serious health consequences some people
are experiencing. (00:55:01)
Mike Adams and Mary Lou Shatluck, Co-Chairs, Huntington Beach Art Center Foundation, were called to
speak and stated their support for Consent Calendar Item #10 regarding the Memorandum of
Understanding between the City of Huntington Beach and the Huntington Beach Art Center Foundation,
and to announce the current Art Center exhibition, Childhood Classics — One Hundred Years of Book
Illustrations, which is available until August 20. (00:58:02)
Kathy Carrick was called to speak and noted that it has been 56 days since June 7 when the
appointments of Catherine Johnson and Austin Edsell to the Historic Resources Board were pulled from
the Agenda with no explanation. Ms. Carrick read communications regarding this situation and
described the lack of Councilmember response to her efforts to determine what is going on. (00:59:20)
Patricia Taylor, a 28-year resident of Rancho Mobile Home Park, was called to speak and shared her
frustration at lack of Councilmember support for a carve out to City Charter Section 803 for a Rent
Stabilization Ordinance (RSO) to be voted on in November 2022. (01:02:24)
Russ Neal, a resident of Huntington Beach, was called to speak and stated his opposition to Consent
Calendar Item #14 regarding a resolution of the City Council in support of the action for Spent Fuel Now
Coalition, as well as opposition to the Environment America's Solar on Superstores initiative, and
opposition to Councilmember Item #16 regarding recommendations from RWG Report. Mr. Neal also
thanked Mayor Pro Tem Posey and Councilmember Peterson for voting against any cannabis taxation.
(01:05:06)
Mike Bledsoe, a 25-year resident of Huntington Beach, was called to speak and shared his anger at the
lack of respect, civility and American values demonstrated by much of society today. He asked that
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people return to the process of discussion and voting rather than shouting or intimidation, and stated he
believes that Councilmembers are humans trying to do a good job. (01:07:33)
Kathy Neal, a resident of Huntington Beach, was called to speak and stated her opposition to
Councilmember Item #16 regarding recommendations from the RWG Report for Council action. She
shared her opinion that a majority of the residents are concerned about the proliferation of crime in
Huntington Beach. Ms. Neal also stated her opposition to any retail cannabis business in Huntington
Beach. Mayor Delgleize asked Ms. Neal to complete a blue card for staff follow-up. (01:10:28)
Cathey Ryder, a resident of Huntington Beach since 1985, was called to speak and noted that
Huntington Beach was recently ranked #1 in the Nation by Wallet Hub for the quality of its services for
the residents. Ms. Ryder stated that she is proud of Huntington Beach, the City Council, and exceptional
staff members. (01:13:30)
Amory Hanson, a Candidate for City Council in 2022, and Vice Chair of the Huntington Beach Historic
Resources Board, was called to speak and stated his support for a carve out to City Charter Section 803
for a Rent Stabilization Ordinance (RSO) to be voted on in November 2022, and asked that the City
Council at least vote on the recommendation made by the Mobile Home Advisory Board (MHAB).
(01:16:14)
Roger Noor was called to speak and provided an update regarding his personal experiences with the
Huntington Beach Police Department regarding a towed vehicle, and noted that he has yet to receive a
reply to his communication to the City Attorney's Office. City Manager Zelinka asked Mr. Noor to
communicate directly with him and provided his business card. (01:17:55)
Byron Costa was called to speak and stated his support for his friend Roger Noor. Mr. Costa also shared
his own first-hand experience as a victim of crime in Huntington Beach years ago. (01:21:44)
Caller Jeanne Farrens, a resident of Skandia Mobile Home Park, was invited to speak and stated her
support for a carve out to City Charter Section 803 for a Rent Stabilization Ordinance (RSO) to be voted
on in November 2022. Ms. Farrens further noted her dismay to realize Huntington Beach
Councilmembers appear to be much more concerned about supporting the cannabis industry than
supporting the citizens requesting assistance in dealing with unscrupulous mobile home park owners.
(01:25:28)
Caller Ada Hand, a resident of Del Mar Mobile Home Estates, was invited to speak and asked City staff
where mobile home park residents are mentioned in the Housing Element for Affordable Housing, and
how staff is ensuring mobile home park owners are not selling to people under the age of 55. She noted
that if mobile home park owners are able to convert their park to condos, or even an all-age park, that
would make the affordable housing situation even worse in the City, and stated it appears to her that the
Senior Housing Overlay is just a bunch of words. (01:28:38)
Caller Allison Plum, owner of a manufactured immobile home in Huntington Beach for nearly 10 years,
and a member of the Mobile Home Advisory Board (MHAB), was invited to speak. She announced that
on September 14 the Mobile Home Resident Coalition will provide a Council Candidate Forum, at a
location to be announced. Ms Plum encouraged people to be well informed and vote not by party but
rather ethics and track record. (01:31:46)
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Caller Bobbi King, a resident in the Del Mar mobile home community, was invited to speak and stated
her support for a carve out to City Charter Section 803 for a Rent Stabilization Ordinance (RSO) to be
voted on in November 2022. (01:33:30)
Caller Mary Jo Baretich, a resident of Cabrillo Mobile Home Park for 40 years, was invited to speak and
stated her support for a carve out to City Charter Section 803 for a Rent Stabilization Ordinance (RSO) to
be voted on in November 2022. Ms. Baretich noted that she and Ada Hand are waiting to assist in a
current mobile Home Market Study by Chapman University Center for Demographics and Policy as an
update to the market study completed in 2002 by Cal State University Fullerton. (01:36:44)
COUNCIL COMMITTEE – APPOINTMENTS – LIAISON REPORTS, AB 1234 REPORTING, AND
OPENNESS IN NEGOTIATIONS DISCLOSURES
Councilmember Kalmick reported attending meetings of OC Sanitation, stepping in for Councilmember
Carr, and Orange County Power Authority (OCPA), plus touring a new research, development and
manufacturing business, TS Conductor, with Mayor Pro Tem Posey.
Councilmember Bolton reported attending meetings of the League of California Cities Legislature and
Regulatory Committee, and the Mobile Home Law Seminar hosted by the Golden State Manufactured
Home Owners Education Fund, and the Art Center's Children's Book Illustrations exhibit.
Councilmember Carr reported attending a meeting of the Mobile Home Advisory Board (MHAB), and
suggested to staff that the agenda for the next MHAB meeting include discussion on the Senior Housing
Overlay as well as policies to ensure mobile home buyers are 55 or older for Senior Mobile Home Parks.
She also reported having a conversation with members of the Huntington Beach Police Officers'
Association (HBPOA).
Mayor Pro Tem Posey shared his perspective of the TS Conductor site tour, and reported attending a
Harbour Commission meeting.
Councilmember Moser reported attending meetings of the Homeless Task Force and Huntington Beach
Police Department, the Communications Committee, and the Huntington Beach Central Park
Collaboration.
Mayor Delgleize reported attending a meeting of the Orange County Transit Authority (OCTA) Board,
and announced that the purpose of the City Council's Ad Hoc Legal Committee, which was composed of
herself as well as Councilmembers Bolton and Kalmick, has been completed.
CITY MANAGER’S REPORT
City Manager Al Zelinka reported that last week he attended new employee orientation and recognized
Team HR for their hard work.
Sean Crumby, Director of Public Works, provided a brief update regarding the cleanliness and
maintenance of Downtown Main Street.
CITY TREASURER’S REPORT
9. 22-254 Received and Filed the City Treasurer’s June 2022 Quarterly Investment Summary
Report
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City Treasurer, Alisa Backstrom, presented a PowerPoint communication titled City of Huntington Beach
Quarterly Investment Report, with slides entitled Investment Portfolio – Summary, Investment Portfolio –
Investments by Type, Investment Portfolio – Quarterly Activity (April – June), Investment Portfolio –
Earnings, Investment Rates – US Treasury Rates – January 1, 2022 – June 30, 2022, Selected
Investment Policy Compliance Requirements, and Summary.
Councilmember Carr and City Treasurer Backstrom discussed potential continued Treasury rate
increases and opportunities to move funds into higher rates if that becomes reality. City Treasurer
Backstrom stated the effort is to invest to match liabilities, and funds available for investing are generated
when property taxes are due in April and December. City Treasurer Backstrom also stated she will be
closely reviewing bonds to determine if there will be opportunities to rebalance.
A motion was made by Posey, second Carr to receive and file the City Treasurer's Quarterly Investment
Report for June 2022, pursuant to Section 17.0 of the Investment Policy of the City of Huntington Beach.
The motion carried by the following vote:
AYES: Peterson, Bolton, Posey, Delgleize, Carr, Moser, and Kalmick
NOES: None
CONSENT CALENDAR
Councilmember Moser pulled Item #10, Mayor Pro Tem Posey pulled Item #12, Councilmember Carr
pulled Item #13, and Councilmember Peterson pulled Item #14 for further discussions.
10. 22-280 Approved and authorized execution of a Memorandum of Understanding (MOU)
between the City of Huntington Beach and the Huntington Beach Art Center (HBAC)
Foundation
Councilmember Moser pulled this item to publicly thank Public Speakers Mike Adams and Mary Lou
Shatluck for their statement of support, and acknowledged Art Center Director Kate Hoffman as well as
Library and Community Services staff for all that they do to elevate arts in the community.
A motion was made by Moser, second Delgleize to approve and authorize the Mayor and City Clerk to
execute the "Memorandum of Understanding Between the City of Huntington Beach and the Huntington
Beach Art Center Foundation."
The motion carried by the following vote:
AYES: Peterson, Bolton, Posey, Delgleize, Carr, Moser, and Kalmick
NOES: None
11. 22-469 Adopted Resolution 2022-43 Confirming Cost Report for Weed Abatement on
Private Parcels within the City for the 2022 Season
A motion was made by Delgleize, second Kalmick to adopt Resolution 2022-43 "A Resolution of the City
Council of the City of Huntington Beach Confirming the Report of the Public Works Director Regarding
the Cost for Weed Abatement on Private Property Within the City for the 2022 Season," and direct that
all charges listed thereon be certified to the Orange County 2022/23 Property Tax Roll.
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The motion carried by the following vote:
AYES: Peterson, Bolton, Posey, Delgleize, Carr, Moser, and Kalmick
NOES: None
12. 22-644 Approved Sole Source Procurement Request for Ferguson Waterworks 1083 for
Neptune Water Meters
Mayor Pro Tem Posey pulled this item to suggest that going forward with incremental sole source
procurements it would be important to include costs, even though the cost was previously discussed and
approved.
A motion was made by Posey, second Delgleize to approve the sole source procurement of Neptune
Water Meters from Ferguson Waterworks 1083.
The motion carried by the following vote:
AYES: Peterson, Bolton, Posey, Delgleize, Carr, Moser, and Kalmick
NOES: None
13. 22-645 Received and Filed a Short-Term Rental Update
Councilmember Carr pulled this item to request more details from Community Development Director
Ursula Luna-Reynosa. Director Luna-Reynosa noted that a comprehensive report is planned for October
after the busy season between Memorial Day and Labor Day when there will be more data to analyze.
Director Luna-Reynosa introduced Code Enforcement Officer Hoang who noted that the majority of
short-term rental complaints come from neighbors claiming hosts do not live on the property. Any trash,
graffiti or noise complaints are addressed as quickly as possible. Officer Hoang explained the process
for violation issues requires a notice of violation, and time for the host to comply. If there is not
compliance, then a citation is issued for $1,000 per violation, and at the present time there has been one
citation for not living at the property. He added that currently 56 complaints are being investigated for
hosted short-term rentals.
Councilmember Bolton noted that her review of the originally presented data seems to show that un-
hosted locations appear to have fewer "bad guest" complaints, while hosted locations appear to be
generating the most complaints, and thanked Director Luna-Reynosa for the report.
Councilmember Kalmick stated a table showing type of complaints would be helpful, and he found it
interesting that hosted locations appear to be generating the most income. Officer Hoang noted that
property owners advertising without permits are being informed they must get a permit within 15 days. If
there is no compliance, they get another 15-day notice which is followed by a $1,000 citation after 30
days. If there is evidence of continued violation there is a $1,000 fine each for advertising and not
having a permit. If violations continue, then the case is referred to the City Attorney's office for possible
prosecution, and at the moment there are no cases that have reached this status.
A motion was made by Bolton, second Kalmick to receive and file this report.
The motion carried by the following vote:
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AYES: Peterson, Bolton, Posey, Delgleize, Carr, Moser, and Kalmick
NOES: None
14. 22-654 Amended and approved positions on local policy issues, as recommended by the
Intergovernmental Relations Committee
Councilmember Peterson pulled this item to share his opinion that in reality most spent fuel is being
recycled and he does not support the Spent Fuel Now Coalition. Further, the City should not suggest or
recommend solar panels because in his opinion this should be strictly a personal decision, and therefore
he is opposed to this item.
Mayor Delgleize stated her support for the Spent Fuel Now Coalition.
Councilmember Carr noted the Spent Fuel Now Coalition Resolution should reference Huntington Beach,
not Newport Beach, and stated her support for this item.
Mayor Pro Tem Posey stated he sees supporting Environment America's Solar on Superstores as
encouragement, but not a mandate. He further suggested considering options in the future for
incentivizing rooftop solar, and noted his support for both policy issues in this item.
A motion was made by Kalmick, second Delgleize to approve one or more actions on the following policy
issues proposed by the IRC: adopt Resolution No. 2022-53 - "A Resolution of the City Council of the
City of Huntington Beach in Support of the Action for Spent Fuel Now Coalition", as amended to change
Newport Beach to Huntington Beach, and; submit a Letter of Support for Environment America's Solar
on Superstores Initiative.
The amended motion carried by the following vote:
AYES: Bolton, Posey, Delgleize, Carr, Moser, and Kalmick
NOES: Peterson
PUBLIC HEARING
15. 22-583 Approved for introduction Ordinance No. 4258 approving Zoning Text Amendment
No. 22-003 to Chapter 222 (Floodplain Overlay District) of the Huntington Beach
Zoning and Subdivision Ordinance
Director of Community Development Ursula Luna-Reynosa noted the effort is to reduce flood insurance
rates for residents required to have flood insurance, and introduced Associate Planner Tess Ngyuen who
presented a PowerPoint communication titled Flood Ordinance Revisions, with slides entitled Request
(2), Background, Analysis, and Recommendation.
Mayor Delgleize opened the public hearing.
Assistant City Clerk Patty Esparza stated there were no public speakers.
Pursuant to the Brown "Open Meetings" Act, Assistant City Clerk Esparza announced there was no
supplemental communication received by her office following distribution of the Council Agenda packet.
Mayor Delgleize closed the public hearing.
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Councilmember Peterson and Associate Planner Ngyuen reviewed the new requirements and confirmed
these requirements apply to new construction.
A motion was made by Peterson, second Posey to after the Assistant City Clerk reads by title, find the
Zoning Text Amendment No. 22-003 categorically exempt pursuant to City Council Resolution No. 4501,
Class 20, which supplements the California Environmental Quality Act because the request is a minor
amendment to a zoning ordinance that does not change the development standards density or intensity
and does not authorize any physical development; and, approve Zoning Text Amendment No. 22-003
with findings per Attachment No. 1; and, approve for introduction Ordinance No. 4258, "An Ordinance of
the City Council of the City of Huntington Beach Amending Chapter 222 of the Huntington Beach Zoning
and Subdivision Ordinance Relating to the Floodplain Overlay District (FP1, FP2, FP3) (Zoning Text
Amendment No. 22-003)."
The motion carried by the following vote:
AYES: Peterson, Bolton, Posey, Delgleize, Carr, Moser, and Kalmick
NOES: None
COUNCILMEMBER ITEMS
16. 22-659 Amended and Approved Item Submitted by Councilmember Bolton and
Councilmember Kalmick – Recommendations from RWG Report to Council Action
Councilmember Bolton introduced the item and requested that the City Attorney and City Manager
Offices implement the training recommendations on the attorney/client relationship as presented in the
Richards Watson Gershon (RWG) report received in July, as well as determine if it is possible to get
attorney fee reimbursement for the employment litigation several years ago.
Councilmember Kalmick amended this item to request the staff response, describing how the
recommendations will be implemented, be brought back for Council approval in 45 days rather than 60
days.
Mayor Pro Tem Posey clarified for staff the guidance should include a syllabus with a definition of the
roles of the City Attorney and Councilmembers, and a repeating schedule to ensure newly elected
Councilmembers receive proper training.
Councilmember Carr shared her support for a professional working relationship by having policies and
procedures which are routinely reinforced through training, following the model of most corporations.
Councilmember Peterson noted for purposes of clarification that Councilmembers can only direct the City
Manager, therefore "staff" in this item means City Manager.
An amended motion was made by Kalmick, second Bolton to direct staff to return to Council within 60 45
days with guidance on how to effectuate the recommendations from RWG report.
The amended motion carried by the following vote:
AYES: Bolton, Posey, Delgleize, Carr, Moser, and Kalmick
NOES: Peterson
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COUNCILMEMBER COMMENTS (Not Agendized)
Councilmember Carr reminded people of the US Open of Surfing this next week, and noted several
highlights including the Inductee Reception for the Surfing Walk of Fame, and the 25th Anniversary
Remastered Classics, Searching for Tom Curren, showing at Huntington Beach High School Auditorium.
She also noted the great turnout for the Junior Lifeguard Pancake breakfast.
Councilmember Moser shared she participated in the Grand Opening Ribbon Cutting for Bud and
Gene's, the new restaurant at the end of the Huntington Beach Pier. She also participated in the staff ice
cream social to celebrate Parks Make Life Better at City Hall. Councilmember Moser congratulated
Huntington Beach Public Affairs Manager Jennifer Carey for being selected as the California Public
Information Crisis Communicator of the Year!
Mayor Pro Tem Posey reported attending the US Open and thanked Vans and Steve Van Doren for
sponsoring this year's event.
He also noted the Premier Girls Fast Pitch softball event from July 22 through August 7 at the Sports
Complex, and stated that in 2021 this event provided a $70M benefit to Orange County through hotel
room, transportation, and restaurant taxes.
Mayor Pro Tem Posey reported also attending the Grand Opening Ribbon Cutting for Bud and Gene's
restaurant which is focused on honoring the Huntington Beach lifeguard, surf and ocean culture.
Mayor Delgleize congratulated the Junior Lifeguard Program for an outstanding and successful pancake
breakfast. She also reported attending the Eagle Scout Court of Honor for Adam Voltari at the Scout
Cabin at Lake Park. Mayor Delgleize announced that the City of Hope Orange County Lennar
Foundation Cancer Center just opened in Irvine and noted that Lennar Homes donated $50M for this
state-of-the-art facility.
ADJOURNMENT — 8:27 PM. Mayor Delgleize announced that the August 16, 2022, City Council/Public
Financing Authority meeting has been cancelled.
The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority is
on Tuesday, September 6, 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
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ATTEST:
______________________________________
City Clerk-Secretary
______________________________________
Mayor-Chair
77
City of Huntington Beach
2000 Main Street,
Huntington Beach, CA
92648
File #:22-627 MEETING DATE:9/6/2022
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 January 1, 2022 and June 30, 2022
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 January 1, 2022 and March 31, 2022;” and,
B) Receive and file the “List of Professional Services Contracts Approved by Department Heads and
Submitted to the Office of the City Clerk during the period of April 1, 2022 and June 3 0, 2022.”
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.
Attachment #1 is a list of contracts entered into by City Departments and received in the City Clerk’s
City of Huntington Beach Printed on 8/31/2022Page 1 of 2
powered by Legistar™78
File #:22-627 MEETING DATE:9/6/2022
Office for the first quarter of 2022. Attachment #2 is a list of contracts entered into by City
Departments and received in the City Clerk’s Office for the second quarter of 2022
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 January 1, 2022 through March 31, 2022.”
2. “List of Professional Services Contracts Approved by Department Heads and Submitted to the
Office of the City Clerk During the Period April 1, 2022 through June 30, 2022.”
City of Huntington Beach Printed on 8/31/2022Page 2 of 2
powered by Legistar™79
Page 1 of 2
*This list includes all contracts received which are public records
List of Professional Services Contracts Approved by Department Heads and Submitted to the Office of the City Clerk during
the period of January 1, 2022 and March 31, 2022
AGREEMENT
DATE
DEPARTMENT NAME OF CONTRACTOR AMOUNT PURPOSE EXPIRATION
12/06/2021
(Received on
02/23/2022)
City Manager Ralph Andersen & Associates NTE $30,000 City Manager Executive
Search Services
12/06/2024
01/01/2022 Police Trauma Intervention Programs,
Inc.
NTE $12,000 Emotional & Practical
Support Services to Victims
of Traumatic Events
06/30/2022
01/01/2022 Public Works 4H Design Group, Inc. dba Heady
Design
NTE $29,000 Preparation of Design
Documentation for
Installation of Fuel Station
Canopies
01/01/2025
01/01/2022 Public Works Bitech Construction NTE $29,000 Facility Assessment
Services
01/01/2025
01/11/2022 Public Works Bucknam Infrastructure Group, Inc. NTE $84,232 2021-2022 Pavement
Management Program
Update
01/11/2025
01/21/2022 Fire Walker Engineering, Inc NTE $50,400 Project Management
Services for Oil Well
Abandonment
01/21/2025
02/01/2022 Community
Development
CSG Consultants, Inc. Adding Additional
Compensation of
$34,999 for a total
contract NTE $99,999
Amendment #1 to
06/18/2021 contract for
Counter Service and Field
Inspections of Construction
Projects
06/18/2022
02/01/2022 Community
Development
JR Parking Consultants NTE $29,900 Parking Consultant
Services
02/1/2023
02/15/2022 Community
Development
Sagecrest Planning and
Environmental, Inc.
Adding Additional
Compensation of
$69,900 for a total
contract NTE $99,900
Amendment #1 to
03/31/2021 contract for
Professional Planning
Services
03/31/2024
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Page 2 of 2
*This list includes all contracts received which are public records
03/01/2022
(Received on
05/11/2022)
City Manager Principal Strategic Advisors NTE $60,000 Project Management and
Grant Services for the City
of Huntington Beach
Healing Center
03/01/2025
03/28/2022 Police Interval House Adding Additional
Compensation of
$24,680 for a total
contract NTE $49,221
Amendment #1 to
01/01/2021 contract for
Victims Assistance Services
12/31/2023
03/29/2022 Police Truth Be Told Adding Additional
Compensation of
$10,000 for a total
contract NTE $58,000;
Term of Agreement
Extended One Year
Amendment #2 to
07/18/2019 contract for
Polygraph Examination
Services
07/18/2023
03/31/2022 Community
Development
RSG NTE $29,825 Fiscal Impact Analysis and
Study of Annexation of the
Bolsa Chica Lowland into
the City of Huntington
Beach
03/31/2023
81
Page 1 of 1
*This list includes all contracts received which are public records
List of Professional Services Contracts Approved by Department Heads and Submitted to the Office of the City Clerk during
the period of April 1, 2022 and June 30, 2022
AGREEMENT
DATE
DEPARTMENT NAME OF CONTRACTOR AMOUNT PURPOSE EXPIRATION
04/05/2022 Police California Forensic
Phlebotomy, Inc.
NTE $90,000 On-Call Blood Withdrawal Services 04/5/2025
04/11/2022 Community
Development
Walker Consultants NTE $99,950 Citywide Parking Analysis 04/11/2025
05/03/2022 Community
Development
SZFM Design Studio, Inc. Term of the
Agreement
extended for
one (1) year
NTE $30,000
Amendment #1 to 05/07/2019 contract for
Design Consulting and Peer Review
Services for Developments Proposed in
the City
05/06/2023
05/11/2022 Community & Library
Services
PBLA Engineering (Formerly
known as Integrated
Consulting Group, Inc. [ICG])
Original
Agreement
assigned from
ICG to PBLA;
NTE
$1,000,000
Amendment #1 to 01/18/2022 contract for
As-Needed Professional
Design/Landscape Architectural Services
01/18/2025
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City of Huntington Beach
2000 Main Street,
Huntington Beach, CA
92648
File #:22-237 MEETING DATE:9/6/2022
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:
Reaffirm 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
Statement of Issue:
On September 16, 2021, Governor Newsom approved Assembly Bill 361 (Rivas) that amends the
Ralph M. Brown Act to include a new authorization that allows all local agencies to host remote
meetings and remote public comments. The authorization, which largely extends the provisions of
the Governor’s Executive Order N-29-20 (approved March 17, 2020) and Executive Order N-35-20
(approved March 21, 2020), is in effect until January 1, 2024. To comply with the new provisions
identified in AB 361, the City Council adopted 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 due
to health and safety concerns for the public.
Financial Impact:
Not applicable.
Recommended Action:
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.”
Alternative Action(s):
Do not reaffirm Resolution No. 2021-62 and direct staff accordingly.
Analysis:
A provision of Assembly Bill 361 requires local agencies to verify every 30 days that the exemption
from traditional teleconference requirements is still necessary. Specifically, the legislative body must
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make findings no later than 30 days after the first teleconference and every 30 days thereafter that:
·The legislative body has reconsidered the state of emergency circumstances; and
·Either i) the state of emergency continues to directly impact the ability of the members to meet
safely in person, or ii) state or local officials continue to impose or recommend measures to
promote social distancing.
If necessary, the City will continue to make appropriate findings at least every 30 days to ensure
compliance with this verification requirement of Assembly Bill 361 until its sunset date of January 1,
2024.
Environmental Status:
Not applicable.
Strategic Plan Goal:
Non Applicable - Administrative Item
Attachment(s):
1. Resolution No. 2021-62
2. Assembly Bill 361
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City of Huntington Beach
2000 Main Street,
Huntington Beach, CA
92648
File #:22-586 MEETING DATE:9/6/2022
REQUEST FOR CITY COUNCIL / HOUSING AUTHORITY ACTION
SUBMITTED TO:Honorable Mayor and City Council Members / Honorable Chair and Board
Members
SUBMITTED BY:Al Zelinka, City Manager / Executive Director
VIA:Ursula Luna-Reynosa, Director of Community Development
PREPARED BY:Charles Kovac, Housing Manager
Subject:
Approve and authorize execution of a Density Bonus and Affordable Housing Agreement with
The Olson Company, LLC for the 34-unit townhome project located at 8375 Talbert Avenue
Statement of Issue:
It is recommended that the City Council approve a Density Bonus and Affordable Housing Agreement
(“Agreement”) by and between the City of Huntington Beach (“City”) and The Olson Company, LLC
(“Developer”) to facilitate the development of a 2.07 acre site located at 8375 Talbert Avenue
(“Project”). The Project consists of thirty-four (34) townhomes, of which this Agreement will restrict
three (3) units for low and moderate income households for a period of 45 years.
Financial Impact:
Not applicable.
City Council and Housing Authority Recommended Action:
A) Approve the Density Bonus and Affordable Housing Agreement by and between the City and The
Olson Company, LLC for the development of 34 ownership units at 8375 Talbert Avenue; and,
B) Authorize the City Manager, or designee, to implement and execute the Density Bonus and
Affordable Housing Agreement for the Project, including all necessary related documents; and
C) Authorize the Housing Authority Executive Director or designee to execute all necessary
implementing agreements and related documents.
Alternative Action(s):
Do not approve and direct staff accordingly.
Analysis:
The Project proposes to redevelop a 2.07 acre infill site with 34 attached townhome units located at
8375 Talbert Avenue. All of the units will range from 1,258 square feet to 1,846 square feet and will be
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8375 Talbert Avenue. All of the units will range from 1,258 square feet to 1,846 square feet and will be
either two or three stories with an attached two-car garage. Bedrooms will range from three to four,
and bathrooms from two and a half to three. The site is currently developed with three single family
units and some accessory structures, which are proposed to be demolished. The proposed Project
will allow the site to be redeveloped into a townhome project that is consistent with the character of
the area and will add to the housing stock, including deed restricted affordable units.
On May 10, 2022, the Developer received approval from the Planning Commission for the Project
development application consisting of 1) General Plan Amendment No. 21-002; 2) Tentative Tract
Map No. 19157; 3) Conditional Use Permit (CUP) No. 21-004; and 4) Mitigated Negative Declaration
No. 21-003. The Developer is seeking to exercise a five percent (5%) density bonus option for the
Project pursuant to California Government Code Section 65915 (the “State Density Bonus Law”), as
implemented under Huntington Beach Zoning and Subdivision Ordinance, Chapter 230.14
(“Ordinance”). Under the State Density Bonus Law, Developer would construct thirty-two (32) base
residential units and two (2) density bonus residential units, for a total of thirty-four (34) residential
units, of which, three (3) units will be affordable units for low and moderate income households. (The
Developer will also be paying a housing in-lieu fee under the City’s Inclusionary Housing Ordinance
for the remaining two-tenths of a unit.) In order to take advantage of the increase in allowable
density, Developer must ensure, pursuant to the terms of the Agreement, that no less than one
residential unit will be used and occupied or available for use and occupancy by a low income
household as defined in Health and Safety Code Section 50079.5, and no less than two residential
units will be used and occupied or available for use and occupancy by moderate income households
as defined in Health and Safety Code Section 50093.
Pursuant to State Density Bonus Law, developers of housing projects that include specified levels of
affordable housing are entitled to apply for and receive additional incentives or concessions and
waivers in order to facilitate the economic feasibility of those projects. In exchange for providing
three units of the 32 total base units affordable to low and moderate income households per the
Ordinance, the State Density Bonus Law provides that the developer may receive up to one incentive
or concession and unlimited amount of waivers. The Developer requested the following waivers to
existing development standards: 1) common and private open space dimensions; 2) aboveground
transformer and vault within 15 foot Talbert Avenue setback; and 3) reduced Talbert Avenue/Newland
Street corner unit building setback. Pursuant to Government Code Section 65915(e), the Developer
also requested to waive the City’s parking standards and instead implement the parking ratio allowed
under State Density Bonus Law.
In order to receive the concession and waivers described above, the Developer must ensure that
three units of the total 32 base units remain affordable to low and moderate income households for
45 years. The proposed Agreement memorializes this requirement, and covenants implementing the
Agreement will be recorded on the property title ensuring that three units will be owned and occupied
by low and moderate income households, as defined in Health and Safety Code Sections 50079.5
and 50093, for 45 years. The Owner will build the Project in a multiple phases and sell individual
units to eligible homebuyers. The maximum low and moderate income sales prices for both units will
be set in accordance with the Agreement.
The proposed Agreement is consistent with State Density Bonus Law and the Ordinance, was
prepared by the City Attorney’s Office, and is included as Attachment 1. Once the proposed
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Agreement is approved by the City Council, the Housing Authority will administer and oversee the
implementation of the three affordable units to ensure that the affordability covenants remain in place
throughout the duration of the 45 year term.
Environmental Status:
A Mitigated Negative Declaration was prepared for the Project in compliance with California
Environmental Quality Act (CEQA) guidelines and concluded that no significant impacts are
anticipated with implementation of mitigation measures in the areas of biological resources, cultural
resources, geology, and tribal cultural resources.
Strategic Plan Goal:
Economic Development & Housing
Attachment(s):
1. Density Bonus and Affordable Housing Agreement by and between the City of Huntington
Beach and The Olson Company, LLC
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City of Huntington Beach
2000 Main Street,
Huntington Beach, CA
92648
File #:22-606 MEETING DATE:9/6/2022
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Al Zelinka, City Manager
VIA:Sean Crumby, Director of Public Works
PREPARED BY:Chris Davis, Senior Administrative Analyst
Subject:
Approve Sole Source Procurement request with Jones Chemical (JCI) for Chlorine Gas
Statement of Issue:
Submitted for City Council approval is a sole source procurement request in the amount of $100,000
for the purchase of chlorine gas from JCI.
Financial Impact:
This request is to authorize the procurement of chlorine in an amount up to $100,000. The City has
already budgeted $60,000 for procurement in the FY 2022/23 Budget in Water Fund account
50685803.64305. If additional funds are required up to the total request amount, staff will evaluate
the budget to determine the source of funds at that time.
Recommended Action:
Approve the sole source procurement request for the purchase of chlorine gas from JCI.
Alternative Action(s):
Do not approved the recommended action, and direct staff accordingly.
Analysis:
The City produces approximately 20,000 acre-feet (AF) of water from the City’s nine (9) potable
drinking water wells. Water produced from these wells is continuously chlorinated using gaseous
chlorine, which is American National Standards Institute/National Science Foundation (ANSI/NSF)
Standard 60 certified, as required under the City’s Domestic Water Permit.
The City has used chlorine gas as the primary disinfection method since the Utility Division’s creation
in 1964. Historically, the average annual chlorine supply cost has been less than $30,000 and was
procured in accordance with Huntington Beach Municipal Code (HBMC) Section 3.02.070 for Small
Procurements. Over the past year, however, the price of chlorine gas has doubled due to raw
material cost increases for chlorine and sodium hydroxide products. Due to these price increases,
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the planned annual procurement cost of chlorine gas is anticipated to exceed the amount allowable
for Small Procurements per the HBMC.
In the western United States, JCI Jones Chemicals, Inc. (JCI) is the only known supplier of ANSI/NSF
Standard 60 certified, 1-ton and 150-pound, chlorine gas cylinders suitable for use in public potable
water distribution systems. JCI's nearest facility is in Torrance, California. In contrast, the next
nearest alternate chlorine supplier is Olin Corporation, whose nearest chlorine plant and distribution
center is located in Freeport, Texas.
A locally available, reliable, and high-quality chlorine supply is crucial to the operations of the City’s
water system and the public health and safety of residents. However, over the past year, there have
been supply chain disruptions due to force majeure and lack of trucking ability. As, such, the Utilities
Division has qualified staff with Class B driver licenses with HAZMAT and Tank Vehicle
Endorsements. Furthermore, JCI's facility in Torrance allows staff some operational flexibility to
ensure that chlorine deliveries are not impacted. There is no known equal at this time .
Per Huntington Beach Municipal Code Chapter 3.02 Purchases of Goods and Service, sole source
procurements are allowed in cases where the procurement of any product or supply is obtainable
only from a single or sole source. As such, it is recommended that the City utilize this authority to
continue purchasing chlorine from JCI under the authority of HBMC 3.02.
Chlorine disinfection allows the City to serve well water at a current cost of $558 per acre-foot.
Without chlorine gas and the ability to sole source from JCI, the City would be forced to import its
water supply from the Municipal Water District of Orange County (MWDOC) at a current cost of
$1,143 per acre-foot.
This request allows for the procurement of chlorine in an amount up to $100,000. Should additional
funds be necessary, staff will evaluate the budget to determine the source of funds at that time and
return with a budget appropriation request at a later date.
Environmental Status:
Not Applicable
Strategic Plan Goal:
Infrastructure & Parks
Attachment(s):
1. Sole Source Justification
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City of Huntington Beach
2000 Main Street,
Huntington Beach, CA
92648
File #:22-665 MEETING DATE:9/6/2022
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Al Zelinka, City Manager
VIA:Dahle Bulosan, Chief Financial Officer
PREPARED BY:Serena Bubenheim, Finance Manager - Budget
Subject:
Approve the Finance Department’s plan to conduct a comprehensive review of the City’s
procurement policies
Statement of Issue:
During the July 19, 2022 City Council Meeting, Mayor Pro Tem Posey requested a comprehensive
review of the City’s procurement policies to promote transparency and adherence to best practices.
The Finance Department, under the City Manager’s direction, has prepared a formal review plan for
City Council’s consideration.
Financial Impact:
Staff will perform the procurement policy review with the support of an on-call consulting firm that will
be selected via a Request for Proposal (RFP) process, which is currently underway. A contract with
the selected firm will be presented to the City Council for consideration on September 20, 2022.
Recommended Action:
Approve the plan to review the City’s procurement policies as outlined in this report.
Alternative Action(s):
Do not approve the recommended action, and direct staff accordingly.
Analysis:
Background:
Municipal procurement policies are integral in procuring the necessary goods and services consistent
with the quality that is required to meet the operational needs of City departments, while ensuring
taxpayers receive the maximum value for each dollar spent. These policies ensure there is no
conflict of interest related to any awarded contracts and provides all vendors and service providers a
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fair and equal opportunity to participate.
The City’s existing procurement policies work towards the aforementioned goals, advancing its
strategic objectives and promoting greater public trust. The City’s Charter, Municipal Code, and
Administrative Regulations along with federal and state laws provide the authoritative guidance for
the City’s procurement policies, which have varying requirements and levels of approval based on
the type of contract awarded (i.e. professional service, legal expert services, goods, maintenance
and clerical support, leases, and Public Works construction).
Overview of Existing Purchasing Policies
The City’s requirements and levels of approving authority vary based on the type of contract that is
being procured. Each individual procurement policy is detailed below:
Goods & Services
ØPurchases of supplies and services (other than professional services)
City Charter Section 613, Municipal Code 3.02
Amount Method Authority
$0 - $30,000 Informal Bid Department Head, Finance
$30,000 or more Competitive Bid City Council - through the budget process
Professional Services
ØConsultants, architects, engineers
City Charter Section 613, Municipal Code 3.03, AR 228
Amount Method Authority
$30,000 or less Informal Bid Department Head
$30,000 to $50,000 Competitive Bid Department Head, Finance
$50,000 to $100,000Competitive Bid Department Head, Finance, City Manager
$100,000 or more Competitive Bid City Council
Public Works Construction
ØPhysical construction and improvements of any City
infrastructure
City Charter Section 614, AR 119
Amount Method Authority
$25,000 or less Informal Bid Department Head, City Manager
$25,000 or more Competitive Bid City Council
Signature Authority Levels
Amount Contract Type Authority
Unlimited Goods Department Head & City Manager (subject to
bidding requirements set forth in Muni Code 3.02
& City Council budget approval)
Unlimited Services Department Head & City Manager (subject to
bidding requirements set forth in Muni Code 3.02
& City Council budget approval)
$0 - $50,000 Professional Services Department Head
$50,000 - $100,000 Professional Services City Manager
Over $100,000 Professional Services City Council
$0 - $100,000 Expert Services City Attorney
Over $100,000 Expert Services City Council
$0 - $25,000 Public Works Department Head & City Manager
Over $25,000 Public Works City Council
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Amount Contract Type Authority
Unlimited Goods Department Head & City Manager (subject to
bidding requirements set forth in Muni Code 3.02
& City Council budget approval)
Unlimited Services Department Head & City Manager (subject to
bidding requirements set forth in Muni Code 3.02
& City Council budget approval)
$0 - $50,000 Professional Services Department Head
$50,000 - $100,000 Professional Services City Manager
Over $100,000 Professional Services City Council
$0 - $100,000 Expert Services City Attorney
Over $100,000 Expert Services City Council
$0 - $25,000 Public Works Department Head & City Manager
Over $25,000 Public Works City Council
As part of its review, staff performed a preliminary survey of neighboring cities’ procurement policies
to gain a comparative understanding of Huntington Beach’s policies. This effort may highlight certain
policies that may appear to be outliers and warrant additional analysis during the formal review
process. The formal review process may also include the identification and comparison to other
cities not listed in the preliminary survey tables below.
Goods & Services
City Formal Bid Threshold City Council Approval Threshold
Newport Beach Over $25,000 Over $120,000
Santa Ana Over $25,000 Over $50,000
Huntington Beach Over $30,000 Approved through budget
Irvine Over $45,000 Over $1,000,000
Anaheim Over $50,000 Over $200,000
Costa Mesa Over $50,000 Over $50,000
Professional Services
City Formal Bid Threshold City Council Approval Threshold
Newport Beach Over $25,000 Over $120,000
Huntington Beach Over $30,000 Over $100,000
Irvine Over $45,000 Over $1,000,000
Anaheim Over $50,000 Over $200,000
Costa Mesa pending pending
Santa Ana pending Over $25,000
Public Works Construction
City Formal Bid Threshold City Council Approval Threshold
Anaheim Over $15,000 Over $400,000
Huntington Beach Over $25,000 Over $25,000
Santa Ana Over $25,000 Over $250,000
Newport Beach Over $120,000 Over $120,000
Costa Mesa Over $200,000 *Over $200,000
Irvine Over $200,000 *pending
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Public Works Construction
City Formal Bid Threshold City Council Approval Threshold
Anaheim Over $15,000 Over $400,000
Huntington Beach Over $25,000 Over $25,000
Santa Ana Over $25,000 Over $250,000
Newport Beach Over $120,000 Over $120,000
Costa Mesa Over $200,000 *Over $200,000
Irvine Over $200,000 *pending
* Per Public Contract Code section 22032 (c), which is set by the State of California
Proposed Review Plan:
Like any policy, the City should conduct periodic reviews of its purchasing policies to ensure they are
up to date with the latest regulations while continuing to facilitate ongoing operations in an efficient
and cost effective manner. Staff has developed a review plan per Mayor Pro Tem Posey’s request
during the July 19, 2022 City Council Study Session. As part of the review, the Finance Department
will review Department Directors’ spending limits, bidding requirements, best practices, and other
policies to promote transparency to the public and proper oversight by City Council.
The plan includes the following actions:
1. Review Huntington Beach procurement policies (including City Manager/Department Directors’
spending limits and bidding requirements) to determine opportunities for updates and
clarifications and to assess compliance with State, Federal, local, and other pertinent laws and
regulations;
2. Interview City department heads, management, and/or staff to identify opportunities for
improvements in the purchasing processes;
3. Review various procurement best practices such as those recommended by the California
Association of Public Procurement Officials (CAPPO);
4. Review the procurement policies of comparable cities;
5. Review emergency procurement policies for compliance with Federal Emergency
Management Agency (FEMA) requirements;
6. Present findings and recommended changes to City Council for feedback at a future Study
Session; and
7. Based on feedback from City Council, present final recommended changes to City Council for
consideration.
The League of California Cities presented best practices on public procurement as part of their
January 22, 2021 Academy on Financial Responsibilities and City Revenues for Mayors and Council
Members. In sum: 1) public procurement is not designed to achieve speed, but rather to provide a
fair and competitive process; 2) locally adopted ordinances or policies provide the framework for
purchases of supplies and services; and 3) state law lays out Public Works project requirements.
These best practices will provide the framework for this review and any policy modifications that are
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proposed.
Lastly, the City Manager’s Office and Finance Department issued a request for proposal on August 3,
2022 to secure on-call consulting services to assist in the procurement review if City Council decides
to move forward with the plan. The selected consultant should have a strong understanding of the
best practices and help update any policies to meet those standards. The consultant will also assist
in the implementation of any changes approved by City Council.
Environmental Status:
Not applicable
Strategic Plan Goal:
Financial Sustainability, Public Safety or Other
Attachment(s):
None
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City of Huntington Beach
2000 Main Street,
Huntington Beach, CA
92648
File #:22-675 MEETING DATE:9/6/2022
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Al Zelinka, City Manager
VIA:Ursula Luna-Reynosa, Director of Community Development
PREPARED BY:Robert Ramirez, Economic Development Project Manager
Subject:
Approve the Huntington Beach Downtown Business Improvement District’s (HBDBID) Annual
Report and Proposed Budget for Fiscal Year (FY) 2022-2023; Adopt Resolution No. 2022-44
declaring the City’s intention to levy an annual assessment for FY 2022-2023 at a public
hearing scheduled for October 4, 2022; and, Approve and authorize execution of an
Agreement between the City and the Huntington Beach Downtown Business Improvement
District to Act as the District Advisory Board
Statement of Issue:
In September 2004, the City Council approved Ordinance No. 3661, establishing the Huntington
Beach Downtown Business Improvement District (“District”). Each business within the district is
assessed an annual fee that the City collects and then distributes to the District for use towards
additional services for the downtown area beyond the City’s baseline services. As part of its due
diligence under the California Parking and Business Improvement Law of 1989, the District must
prepare an annual report each fiscal year for City Council approval; the Council must also adopt a
Resolution of Intention to levy an assessment for the next fiscal year at a scheduled public hearing.
Financial Impact:
The FY 2022-2023 District budget includes revenues of $822,796, of which $107,000 are projected to
come from District assessments on businesses; expenditures are reimbursed based upon revenue
collected.
In the Fiscal Year 2022-23 Operating Budget, the Huntington Beach Downtown Business
Improvement District Fund (Fund 710) totals $106,000 in revenues and offsetting expenditures. It is
recommended that an additional $1,000 in revenue be appropriated to maintain a balanced budget.
Recommended Action:
A) Approve the Huntington Beach Downtown Business Improvement District Annual Report and
Proposed Budget for FY 2022-2023; and,
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B) Adopt Resolution No. 2022-44, “A Resolution of the City Council of the City of Huntington Beach
Declaring the City’s Intention to Levy an Annual Assessment for Fiscal Year 2022-2023 within the
Huntington Beach Downtown Business Improvement District”, which sets a public hearing for
October 4, 2022 to consider continuation of the Huntington Beach Downtown Business Improvement
District; and,
C) Approve the Agreement between the City of Huntington Beach and the Huntington Beach
Downtown Business Improvement District to act as the District Advisory Board and authorize the City
Manager to execute the Agreement; and,
D) Authorize the revenue appropriation of $1,000 in account 71000710.40500 and an expenditure
appropriation of $1,000 in account 71080101.69505, for a net zero impact to the fund.
Alternative Action(s):
Do not approve the Annual Report, deny the Resolution, and/or do not execute the Agreement.
Analysis:
Background
In September 2004, the City Council approved Ordinance No. 3661, establishing the District to fund
activities and improvements, above the City’s baseline, in order to benefit and support all businesses
within the boundary area. In addition, pursuant to state law, the City Council appointed an Advisory
Board for the District to make recommendations to the City Council regarding the expenditures of
revenues from the assessments, the classification of businesses, and the method of levying the
assessments. The recommendations made by the Advisory Board are then considered by the City
Council at a noticed public meeting and approved or modified by the City Council as needed.
In 2008, the City Council adopted Ordinance No. 3797 that modified the selection of members to the
Advisory Board and approved Resolution No. 2008-04, appointing the business-based organization
of the Huntington Beach Downtown Business Improvement District (the “HBDBID”) to act as the
District’s Advisory Board. The HBDBID is a private, 501c(6) business-based organization focused on
creating a thriving and livable downtown by providing marketing and events, security, maintenance,
beautification, and member engagement.
Annual Report and Proposed Budget
The HBDBID supports enhanced services for businesses within the District. These services include
increased marketing opportunities through promotions and events, a social media presence, and the
management of essential services such as enhanced security and maintenance operations. Most
notably, the HBDBID hosts weekly and signature events that add value to downtown by creating a
sense of community and a vibrant destination to attract visitation and business activity.
New this year for HBDBID was their role in becoming operator of the Surf City Artisan Fair, a weekly
event showcasing local and regional artists at Pier Plaza. HBDBID’s involvement has allowed them to
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event showcasing local and regional artists at Pier Plaza. HBDBID’s involvement has allowed them to
curate a retail anchor in downtown and provides increased revenue to the HBDBID. Furthermore,
Surf City Nights continues to welcome new vendors, live performances, and meaningful community
partnerships, which have helped to attract a local audience mid-week. HBDBID also brought back
family-friendly events following a hiatus during the COVID pandemic, which included Surf City
Spooktacular, Magic on Main, and Chili at the Beach. Lastly, the launch of a new event, HB Fourth of
July Opening Block Party, added to the City’s Fourth of July weekend festivities with live music and
vendors.
Working in partnership with the Huntington Beach Police Department (HBPD), the HBDBID
Ambassadors Program continues to provide enhanced safety efforts by observing and reporting
safety concerns in downtown. Visit Huntington Beach assists with funding a portion of the program.
Also of significant importance is the maintenance and cleanliness throughout the District. The
HBDBID oversees the management of the Maintenance Agreement for the District,with funds mostly
administered through the City’s Public Works Department. Services include cleaning and power
washing sidewalks and gutters, mainly in heavily trafficked areas.
The HBDBID seeks opportunities to create stronger communication and relationships with business
stakeholders and collaboration with partners such as Visit Huntington Beach and the Chamber of
Commerce. To further strengthen communication amongst downtown business owners, the HBDBID
held two stakeholder events with topics focused on marketing, events and safety, and worked with
the HBPD to host a Responsible Service Meeting. Additionally, HBDBID meets with new and existing
businesses and communicates with its members in person, by phone, and by email. They host
“Downtown Business Briefing” biweekly calls, allowing discussion on downtown-related issues and
disseminating information. HBDBID also continues to tell the story of downtown through its website
and on social media by promoting events and new business openings.
The FY 2022-2023 Annual Report outlines ways to will build on last year’s activities and enhance
outreach and communication, including partnership opportunities for downtown events. The HBDBID
states they will continue to prioritize maintenance and safety measures and maintain its relationship
with Public Works and HBPD staff. The Ambassadors Security Program will extend service during
key events such as the Fourth of July, the US Open of Surfing, and the Airshow. Other efforts include
updating HBDBID’s website with social media integration and improved features to incorporate a
landing page for each business. Expanding social media engagements under two separate
Instagram accounts will continue to help distinguish between events and general downtown items.
Other marketing campaigns, e-newsletters, improved member engagement, and an emphasis on
branding will highlight the contributions of the HBDBID. The HBDBID will also work with the City
through the planning phase on a proposal to develop a permanent plaza and cohesive streetscape
along Main Street to accommodate the increased public interest in outdoor dining.
The proposed FY 2022-2023 Budget for the HBDBID will increase substantially from the previous
year from $549,330 to $822,796 due to the incorporation of the Surf City Artisan Fair. Annual revenue
received from District assessments is projected to be $107,000 (13% of the total budget), while the
addition of the Surf City Artisan Fair will add $310,000 (38% of the total budget) and Surf City Nights
will add $182,400 (22% of the total budget). The HBDBID Reserves Operating Policy suggests
maintaining one year of operating expenses. As of June 30, 2022, a reserve of $160,758 (reflected
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maintaining one year of operating expenses. As of June 30, 2022, a reserve of $160,758 (reflected
on the Statement of Financials in the Annual Report) includes $100,000 in Economic Injury Disaster
Loan (EIDL) funds that helped compensate revenue losses associated with the COVID-19 pandemic.
Assessments received this past year are slightly higher than anticipated due to an increase in new
business activity, the integration of the assessment invoice with the annual renewal of the business
license, and the collection of past dues. Assessment funds collected for next year are projected to be
consistent with last year. The Advisory Board recommends allocating assessment funds toward the
following expenses: $32,100 security (30%), $26,750 Executive Director salary (25%), $21,400
marketing and events (20%), $16,050 holiday beautification (15%), and $10,700 cleaning (10%). The
remaining expenses will be funded by other revenue received by the HBDBID.
The proposed FY 2022-2023 budget is summarized below, and includes variances from last year’s
approved budget, as well as the operations and revenues of the Surf City Artisan Fair, Surf City
Nights, and the Maintenance Agreement. Events such as the Summer Kickoff and Surf City Movies
Nights have not been extended because they were not profitable. An increase in security,
maintenance and event set-up expenses is mainly attributed to rate increases and extended
services. Due to an overall increase in costs, the position of Events Manager has been eliminated but
a Surf City Nights Coordinator has been added.
INCOME FY 2021-2022
(APPROVED)
FY 2022-2023
(PROPOSED)
VARIANCE
City of HB Maintenance $188,430 $198,396 $9,966
Business Assessments $106,000 $107,000 $1,000
Surf City Nights $182,400 $182,400 $0
Surf City Days $15,000 $10,000 ($5,000)
Summer Kickoff Event $10,000 $0 ($10,000)
Chili at the Beach $10,000 $10,000 $0
Surf City Movie Nights $17,500 $0 ($17,500)
Halloween $5,000 $5,000 $0
City of HB Grant $10,000 $0 ($10,000)
Miracle on Main $5,000 $0 ($5,000)
Surf City Artisan Fair $0 $310,000 $310,000
TOTAL INCOME $549,330 $822,796 $273,466
EXPENSES
City of HB Base Maintenance $176,430 $186,396 $9,966
Enhanced Maintenance $0 $39,251 $39,251
Marketing/Advertising $10,900 $10,883 ($17)
Ambassadors $40,200 $56,200 $16,000
Office Supplies/Expenses $1,200 $4,200 $3,000
Bank Charges $1,200 $1,200 $0
Dues & Subscriptions $3,000 $4,200 $1,200
Insurance $1,900 $2,100 $200
Accounting $7,350 $7,350 $0
License & Fees $2,000 $3,000 $1,000
Repairs & Maintenance $500 $960 $460
Rent & Storage $14,600 $16,400 $1,800
Telephone/Internet $2,220 $2,400 $180
Meeting/Training $800 $800 $0
Administrative $0 $9,600 $9,600
BOD Election $2,000 $2,000 $0
Website $0 $6,000 $6,000
EIDL Repayment $7,668 $10,224 $2,556
Payroll:
Executive Director $100,000 $105,000 $5,000
Event Manager $63,600 $0 ($63,600)
Payroll Expenses $225 $0 ($225)
BID Events:
Surf City Nights $36,048 $42,056 $6,008
Surf City Nights Coordinator $0 $25,800 $25,800
BID Event Misc.$7,989 $6,000 ($1,989)
Surf City Artisan Fair $0 $235,776 $235,776
Summer Kickoff Event $10,000 $0 ($10,000)
Chili at the Beach $10,000 $10,000 $0
Surf City Days $5,000 $5,000 $0
Surf City Movie Nights $4,500 $0 ($4,500)
Halloween $10,000 $5,000 ($5,000)
Miracle on Main $10,000 $5,000 ($5,000)
Holiday Beautification $20,000 $20,000 $0
TOTAL EXPENSES $549,330 $822,796 $273,466
CASH RESERVES $160,734 $160,758 $24
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INCOME FY 2021-2022(APPROVED)FY 2022-2023(PROPOSED)VARIANCECity of HB Maintenance $188,430 $198,396 $9,966Business Assessments $106,000 $107,000 $1,000Surf City Nights $182,400 $182,400 $0Surf City Days $15,000 $10,000 ($5,000)Summer Kickoff Event $10,000 $0 ($10,000)Chili at the Beach $10,000 $10,000 $0Surf City Movie Nights $17,500 $0 ($17,500)Halloween $5,000 $5,000 $0City of HB Grant $10,000 $0 ($10,000)Miracle on Main $5,000 $0 ($5,000)Surf City Artisan Fair $0 $310,000 $310,000TOTAL INCOME $549,330 $822,796 $273,466EXPENSESCity of HB Base Maintenance $176,430 $186,396 $9,966Enhanced Maintenance $0 $39,251 $39,251Marketing/Advertising $10,900 $10,883 ($17)Ambassadors $40,200 $56,200 $16,000
Office Supplies/Expenses $1,200 $4,200 $3,000
Bank Charges $1,200 $1,200 $0
Dues & Subscriptions $3,000 $4,200 $1,200
Insurance $1,900 $2,100 $200
Accounting $7,350 $7,350 $0
License & Fees $2,000 $3,000 $1,000
Repairs & Maintenance $500 $960 $460
Rent & Storage $14,600 $16,400 $1,800
Telephone/Internet $2,220 $2,400 $180
Meeting/Training $800 $800 $0
Administrative $0 $9,600 $9,600
BOD Election $2,000 $2,000 $0
Website $0 $6,000 $6,000
EIDL Repayment $7,668 $10,224 $2,556
Payroll:
Executive Director $100,000 $105,000 $5,000
Event Manager $63,600 $0 ($63,600)
Payroll Expenses $225 $0 ($225)
BID Events:
Surf City Nights $36,048 $42,056 $6,008
Surf City Nights Coordinator $0 $25,800 $25,800
BID Event Misc.$7,989 $6,000 ($1,989)
Surf City Artisan Fair $0 $235,776 $235,776
Summer Kickoff Event $10,000 $0 ($10,000)
Chili at the Beach $10,000 $10,000 $0
Surf City Days $5,000 $5,000 $0
Surf City Movie Nights $4,500 $0 ($4,500)
Halloween $10,000 $5,000 ($5,000)
Miracle on Main $10,000 $5,000 ($5,000)
Holiday Beautification $20,000 $20,000 $0
TOTAL EXPENSES $549,330 $822,796 $273,466
CASH RESERVES $160,734 $160,758 $24
District Renewal
The City Council is asked to approve the District’s FY 2022-2023 Annual Report and Proposed
Budget, adopt a Resolution declaring the City’s intent to levy an annual assessment for FY 2022-
2023, and schedule a duly noticed public hearing for October 4, 2022. Additionally, staff is seeking
City Council approval authorizing the City Manager to execute the Agreement between the City and
the HBDBID to act as the District’s Advisory Board (Attachment 5).
Per the Streets and Highway Code, Chapter 3, Section 36533, the Annual Report (Attachment 2) has
been filed with the City Clerk and includes the following information:
1. No proposed changes in the boundaries or in the benefit zones;
2. Improvements and activities and their estimated cost;
3. The method and basis of levying the assessment for each business;
4. Amount of any surplus or deficit revenues to be carried over from the previous fiscal
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4. Amount of any surplus or deficit revenues to be carried over from the previous fiscal
year; and,
5. Amount of contributions to be made from sources other than assessments.
Funding recommendations to the City Council are made by a ten-member (nine voting members, one
non-voting member) Advisory Board, which is elected annually by assessed members. State law
requires that improvements and activities funded by assessments benefit businesses located within
the District. Approximately 255 businesses are active in the District and assessed based on size,
location, and business type. Assessments range from $80 to $1,404 per annum. There are no
changes to the boundary map or the assessment formula (Attachment 3), which was last amended in
FY 2018-2019.
As required by state law, a protest hearing must be held to provide the opportunity for those
businesses affected to voice their protest or submit their protest in writing. The Resolution of Intention
sets this public protest hearing for October 4, 2022. At that time, the City Council will tally the
percentage of assessments protested and will hear additional public comment on the renewal of the
District. The City Council can also reduce assessments or modify the boundary area if public
comments prompt adjustments. If written protests are received from affected business owners
totaling 50% or more of assessment value, no further proceedings to continue the District can be
considered for a period of one year.
Environmental Status:
Pursuant to CEQA Guidelines Section 15378(b)(4), government fiscal activities that do not result in a
physical change in the environment and do not commit the lead agency to any specific project, do not
constitute a project. Therefore, these activities are exempt in accordance with CEQA Guidelines
Section 15060(c)(3).
Strategic Plan Goal:
Economic Development & Housing
Attachment(s):
1. Resolution No. 2022-44, A Resolution of the City Council of the City of Huntington Beach
Declaring the City’s Intention to Levy an Annual Assessment for FY 2022-2023 Within the
Huntington Beach Downtown Business Improvement District
2. Exhibit A - Huntington Beach Downtown Business Improvement District Annual Report and
Proposed Budget for FY 2022-2023
3. Exhibit B - Boundary Map, list of businesses to be assessed for FY 2022-2023, and
Assessment Schedule for FY 2022-2023
4. Exhibit C - Types of improvements and activities proposed to be funded
5. Agreement between the City of Huntington Beach and the Huntington Beach Downtown
Business Improvement District to act as the District Advisory Board
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Exhibit "A" - Resolution No. 2022-44
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ABOUT
MISSION
VISION
The Downtown Business Improvement District (the "District")
is a program established in 2004 by the City of Huntington
Beach to fund activities and improvements benefiting all
businesses within a specified boundary area. The Huntington
Beach Downtown Business Improvement District (HBDBID), a
private non-profit 501c6 business-based corporation that
was established in 2008, is an all-inclusive collaborative
advocate for the entire growing downtown region.
.
To be the advocate for our coastal downtown
community creating economic vitality and the premier
entertainment destination. To make recommendations
to the City Council on the expenditure of revenues
derived from the levy of assessments of businesses
within the District.
To be a sustainable catalyst for a thriving and livable
downtown, nationally recognized for its diverse local
businesses and authentic, unique culture. Known for
being welcoming, accessible, clean, safe, fun and
environmentally conscious.
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EXECUTIVE BOARD
DIRECTORS
STAFF
Nate Bernal - Sandbar
Bob Bolen - Huntington Beach Realty
Jim Hall - Surf City Ale House
Sandra Schulz Taylor - Model Citizen & Dash of Sass
Peter Townend - International Surfing Museum
Executive Director: Jaime Strong
Office Coordinator: Denise MacAllister
President: Brett Barnes, Duke's Huntington Beach
Vice President -Stuart Goldberg, Innocean Worldwide
Secretary: Janice Tugaoen - Shorebreak Hotel
Treasurer: Kelly Miller - Visit Huntington Beach
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A Business Improvement District (BID) is an area where business owners collectively agree to pay
assessments to fund improvements and activities that benefit the district.
In partnership with the downtown business owners, the Huntington Beach City Council formed the
Huntington Beach Downtown Business Improvement District (District) in 2004 by approving ordinance
No. 3661. One goal of establishing the District was to strengthen and improve the visitor experience in
the downtown business district.
In 2008, City Council appointed a non-profit organization, the Huntington Beach Downtown Business
Improvement District (HBDBID), to serve as the District's Advisory Board. The HBDBID acts to administer
and manage BID activities and funding outlined in the ordinance and resolutions establishing the
District. The HBDBID consists of a volunteer Board of Directors and administrative staff to support the
goals of providing communication, marketing, and coordination of the HBDBID’s work.
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Proposed changes in the boundaries of the parking and business improvement areas or in any of the
benefit zones within the area in FY 2022-2023 (no proposed changes)
Improvements and activities to be provided for FY 2022-2023 (page 8)
The estimate of the cost of providing the improvements and the activities for FY 2022-2023 (page 17,
under Budget)
Method and basis of levying the assessment for FY 2022-2023 (page 6 and 7, under BID Member
Overview and Assessment Chart)
Amount of any surplus or deficit revenues to be carried over from previous year (page 17, under Budget)
Amount of additional contributions to be made from sources other than assessments (page 17, under
Budget)
Presentation of the FY 2022-2023 Annual Report and proposed budget and action by Council on a
Resolution of Intention to levy assessments
Publish Resolution of Intention to Levy an Annual Assessment in a newspaper (at least 7 days prior to the
public hearing)
Public hearing on the annual assessment and to receive protests against levy of assessments and Council
action confirming the levy of assessments
The Annual Report
The District's Advisory Board (HBDBID) is required to prepare an annual report to be submitted to the Huntington
Beach City Clerk. The annual report contains a proposed work plan, a detailed budget for the upcoming year, a
summary of accomplishments, and the following information:
The annual assessment process requires City actions -- including two City Council meetings, where the City
Council must adopt resolutions approving the assessment for the upcoming year.
1st City Council Meeting
Public Notice
2nd City Council Meeting
At or before the public hearing, all members of the District and public are welcome to protest the annual
assessment. Each protest vote is weighted based on the amount of the assessment paid by the business. If the
City receives written protests totaling 50% or more of the total assessment, the assessment will not be levied for
that year. Even if there is not an assessment for a particular year, the Downtown BID remains, and the annual
process to levy the assessment will start over in the next year.
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made orally or in writing
made at the public hearing; however, in order to count in calculating whether businesses paying 50% or more
of the proposed assessments are against the assessment, a protest must be in writing and received before
the public hearing
mailed to the City Clerk of the City of Huntington Beach at 2000 Main Street, Huntington Beach, California
92648
emailed to robert.ramirez@surfcity-hb.org with the subject line: Downtown BID Assessment Protest
submitted to the City Clerk before the public hearing
How can I provide Public Hearing Comments For or Against the Assessment?
At the annual public hearing, all members of the District and the public are welcome to speak to the City Council
regarding the annual assessment. A protest against the levy assessment may be:
Each written protest must be received by the City Clerk no later than the public hearing. Written protest against
the benefit assessments to be levied may be:
Each written protest must be filed by an owner of a business located within the District and signed by the person
shown on the official records of the City as being the owner or designated agent of that business. For purposes
of District protests, the “official records” of the City are the City business license database. If the person signing
the protest is not shown on the official records of the City of Huntington Beach as the owner of the business, then
the protest shall contain or be accompanied by written evidence that the person is the “designated agent” for
the corporation or entity. A written protest may be withdrawn from record at any time before the conclusion of
the public hearing.
If there are a large number of written protests submitted on a timely basis, the City Council has the option to
close the public hearing and then continue the matter to its next regularly scheduled meeting to allow for a
thorough counting of the submitted written protests. If written protests have been timely submitted by the owners
of the businesses within the District that will pay fifty percent (50%) or more of the total assessments of the entire
District, then no further proceedings to levy the assessments shall occur for the FY 2022-2023 year and any new
proceedings to levy assessments shall not be undertaken again for a period of at least one (1) year from the date
of the finding of the 50% or more written protest by the City Council. If the 50% or more written protest is only as
to an improvement or activity proposed in the annual report, then that type of improvement or activity shall not
be included in the upcoming year.
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There are approximately 255 businesses in the District. Depending on the business type,
square footage, and location, individual business assessments range from $80 to $1,404 per
year.
1
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Establish a rapport and presence with business owners, patrons, and residents with an increased
presence during large crowd events to provide the safest environment possible
The Executive Director will oversee the budget, marketing strategy, event management, stakeholder
communication, and act as a liaison to the City of Huntington Beach
Host 2022-2023 BID Board of Directors Retreat to better understand Board Member's role
Clarify the BID Board of Director's vision to create a stronger voice for the District
Convey the value of the District through communication and outreach to new and current members
Strengthen the voice of the District merchants through the District's marketing/events, governance, and
beautification committees
Marketing will promote and create the story of the District through the website, newsletters, and social
media
Strengthen the District's brand with HBDBID members, community, and partners
Actively seek out opportunities to include the District in events that take place in Downtown
Promote visitation during the holidays with holiday décor in November and December including lighting,
décor elements and a tree on the 2nd Block of Main Street
Additional cleaning is during special events and peak season to keep Downtown clean for locals and
visitors
The following are recommendations from the Advisory Board on the expenditure of revenues derived from
the levy of assessments, estimated to total $107,000 for FY 2022-2023:
Ambassadors: $32,100 (30%)
District Management (Executive Director): $26,750 (25%)
Marketing & Events: $21,400 (20%)
Holiday Beautification: $16,050 (15%)
Cleaning: $10,700 (10%)
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AMBASSADOR PROGRAM
The Ambassador program through 12 ”0” 27 Protective Services, aka Big Tony, officially started in 2017
after a pilot program in 2016 and continues to be vital to the weekend safety of the District.
The purpose of the Ambassadors is to establish a rapport and presence with business owners, patrons,
and residents of Huntington Beach in the District. Their role is to observe and report situations concerning
well-being and safety within the surrounding area. Their goal is to ensure that all visitors to Downtown HB
enjoy themselves and are provided with the safest environment possible. Visit Huntington Beach funds a
portion of the Ambassador program.
HBPD COMMUNICATIONS
HBDBID has a positive relationship with the HB Police Department. They continue to play a vital role on the
"Downtown Business Briefing" biweekly calls. In June of 2022, HBDBID along with Visit Huntington Beach
and the HB Police Department hosted a Responsible Service Meeting. Over 80 attendees heard from
Council Member Kim Carr, HB Police Chief Eric Parra and Alcohol Beverage Control (ABC) to learn more
about responsible serving. HBDBID is partnering with the HBPD for an active shooter training for our
Stakeholder in Fall 2022.
30% of FY 2022-2023 assessment fees fund the Ambassador program
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The Executive Director is responsible for the overall administration, financial management, and
day-to-day activities of the District. This includes carrying out the directives determined by the elected Board
of Directors.
Serves as the primary connection, listening, and outreach to HBDBID members (Stakeholders).
General Administration
Maintain the District office location and staff. Liaison to the City of Huntington Beach regarding
District matters including City of Huntington Beach maintenance, Ambassador program, and more.
Financial
Oversee the financial management of the District under the direction of the Board of Directors and the
Treasurer.
Marketing & Communication
Develop and implement strategies to generate awareness of the District through marketing opportunities,
planned events, social media, and print marketing/advertising. Examples of District communication include a
biweekly zoom meeting (Downtown Business Briefing), Quarterly Stakeholder Meeting, Newsletters, etc.
Events
Oversee the implementation of all District events including:
Weekly: Surf City Nights (Tuesday) and Surf City Artisan Fair (Fridays and select weekends)
Annual: Chili at The Beach, HB 4th of July Block Party, He’e Nalu Aloha Pier Festival, Surf City Days, Rockin Fig
Vintage Surf Festival, Surf City Spooktacular, Magic on Main Street and more.
Partnerships
Serve as an ambassador to the District community including active member of the HB Chamber and
Surfing Walk of Fame Board Member.
Full job description available upon request.
25% of FY 2022-2023 assessment fees fund the Executive Director
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HBDBID continues to tell the story of downtown through our social media, website, and newsletter.
SOCIAL MEDIA
The District manages two Instagram accounts - @hbdowntownusa and @hbdowntownevents. The HB
Downtown USA account has been active since 2020 and has a following of over 6,000. The account
promotes downtown businesses such as new member openings, business spotlights, and more. The
District Events account was created when HBDBID became the operator of the Artisan Fair at Pier Plaza.
The account focuses on District events and highlights market vendors. Through the collaboration
feature, the accounts can easily connect.
WEBSITE
A primary focus of HBDBID marketing has been revamping the HB Downtown Website. The new website
will feature each business with its page that will include a business description, photos, and links to their
social media. In addition, there will be more information about District signature events to promote
activity in the downtown district. The new website will be complete by the end of 2022.
E-NEWSLETTERS
E-Newsletters continue to be a positive marketing tool for the District. This will be an important tool to
connect with the new website to create more "blog" style e-newsletters for better storytelling.
2021-2022 posts with the most engagement include:
HBPD Appreciation Night, Duke's Huntington Beach, Downtown, and
Surf City Nights closure to honor fallen HBPD officer Nicholas Vella.
20% of FY 2022-2023 assessments fees fund Marketing & Events
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Increased pre-packed vendors to include fresh seafood, small batch soups, nut milks, and more.
Additional Certified Farmers for more variety and a more extensive presentation.
Develop a partner calendar with monthly activations from HBFD, HBPD, Community & Library Services,
and more.
Boats on Main Street-speedboats displayed on Main Street during the 2021 Pacific Air Show.
4th of July Block Party-a community kick-off with live performances from the Ramsey Brothers and
Redneck Rodeo on the City's showmobile.
California Surfing Day-a collaboration with International Surfing Association.
Many of the District's signature events had been on hiatus since 2019 due to COVID-19. With the return of Surf
City Nights in early 2021, signature and NEW events have made a return to the downtown destination. These
events provide a sense of community, enhance the downtown experience and add value to the City of
Huntington Beach.
Surf City Nights, a weekly event, is a destination for our locals and visitors. The number of vendors has
decreased by roughly 50 percent due to less space with the addition of outdoor dining. This created an
opportunity to reimagine the market and create a unique experience for Surf City Nights. This was achieved
through:
Programming, live music, and new vendors make Surf City Nights the place to be on Tuesday nights!
Fall/Winter 2021 began the return of many annual events, including Surf City Days (canceled due to oil spill),
Surf City Spooktacular (Halloween), Magic on Main Street (Tree Lighting), and Chili at The Beach.
In March of 2022, the HBDBID became the operator of the Pier Plaza Artisan Fair. The Surf City Artisan Fair
focuses on local and regional crafters, dynamic programming, and community engagement. The concept of the
Four Corners (Gathering, Giving, Creative and Learning) creates a foundation of welcome, inspiration,
philanthropy, and idea sharing through art, music, non-profits, community groups, and education. This NEW
event is an excellent addition to downtown events.
Surf City Days will return in September 2022 after a hiatus in 2019. The weekend festival will include the
He’e Nalu Aloha Pier Festival, HSS Demo Days, and the 2nd Annual Rockin Fig Vintage Surf Festival. He’e Nalu
Aloha Pier Festival is a two-day event with entertainment, performances, and a Hawaii-themed vendor market
at Pier Plaza.
HBDBID continues to maximize opportunities with events taking place in the District.
Events include:
This collaborative approach with our partners has increased activity and connectivity in the downtown
destination.12
20% of FY 2022-2023 assessments fees fund Marketing & Events
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HOLIDAY BEAUTIFICATION
Holiday décor elements include lighting, snowflakes above Main Street and the decorated tree on the
2nd Block of Main Street. Holiday events are added to the calendar to celebrate the season in the
District.
ADDITIONAL CLEANING
The HBDBID hosts many events in Huntington Beach, including the 4th of July, US Open, Pacific Airshow,
and additional porters are needed to keep Downtown clean during crowded events.
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INCOME:OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP YEARLY TOTALS
City of HB Maintenance $16,533.00 $16,533.00 $16,533.00 $16,533.00 $16,533.00 $16,533.00 $16,533.00 $16,533.00 $16,533.00 $16,533.00 $16,533.00 $16,533.00 $198,396.00
BID Assessments*$7,000.00 $8,000.00 $8,000.00 $8,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $8,000.00 $8,000.00 $107,000.00
Surf City Nights $13,500.00 $13,500.00 $13,000.00 $11,500.00 $11,500.00 $13,500.00 $14,500.00 $17,500.00 $18,500.00 $18,400.00 $18,500.00 $18,500.00 $182,400.00
Surf City Days $10,000.00 $10,000.00
Chili at the Beach $10,000.00 $10,000.00
Surf City Artisan Fair $29,000.00 $28,000.00 $27,000.00 $21,000.00 $21,000.00 $22,000.00 $27,500.00 $27,000.00 $23,000.00 $31,000.00 $23,000.00 $30,500.00 $310,000.00
Halloween $5,000.00 $5,000.00
Monthly Totals $71,033.00 $66,033.00 $64,533.00 $57,033.00 $59,033.00 $62,033.00 $68,533.00 $71,033.00 $78,033.00 $75,933.00 $76,033.00 $73,533.00 822,796.00
EXPENSE:OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP YEARLY TOTALS
City of HB Maintenance $15,533.00 $15,533.00 $15,533.00 $15,533.00 $15,533.00 $15,533.00 $15,533.00 $15,533.00 $15,533.00 $15,533.00 $15,533.00 $15,533.00 $186,396.00
Cleaning $6,800.00 $1,000.00 $1,000.00 $2,851.00 $1,000.00 $1,000.00 $2,600.00 $1,000.00 $1,000.00 $8,800.00 $7,000.00 $5,200.00 $39,251.00
Marketing $1,200.00 $1,200.00 $1,200.00 $1,200.00 $1,200.00 $683.00 $700.00 $700.00 $700.00 $700.00 $700.00 $700.00 $10,883.00
Ambassadors Program $4,400.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $1,500.00 $2,900.00 $7,400.00 $11,500.00 $13,000.00 $10,500.00 $1,000.00 $56,200.00
Office Expenses $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 $1,200.00
Bank Charges $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 $1,200.00
Dues & Subscriptions $350.00 $350.00 $350.00 $350.00 $350.00 $350.00 $350.00 $350.00 $350.00 $350.00 $350.00 $350.00 $4,200.00
Insurance $0.00 $0.00 $0.00 $600.00 $0.00 $0.00 $0.00 $1,500.00 $0.00 $0.00 $0.00 $0.00 $2,100.00
Accounting $540.00 $540.00 $540.00 $540.00 $850.00 $1,100.00 $540.00 $540.00 $540.00 $540.00 $540.00 $540.00 $7,350.00
License & Fees $250.00 $250.00 $250.00 $250.00 $250.00 $250.00 $250.00 $250.00 $250.00 $250.00 $250.00 $250.00 $3,000.00
Board Election $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $2,000.00 $2,000.00
Meeting/Training $100.00 $100.00 $50.00 $100.00 $100.00 $50.00 $50.00 $50.00 $50.00 $50.00 $50.00 $50.00 $800.00
Exec. Dir.$8,750.00 $8,750.00 $8,750.00 $8,750.00 $8,750.00 $8,750.00 $8,750.00 $8,750.00 $8,750.00 $8,750.00 $8,750.00 $8,750.00 $105,000.00
Admin $800.00 $800.00 $800.00 $800.00 $800.00 $800.00 $800.00 $800.00 $800.00 $800.00 $800.00 $800.00 $9,600.00
Website $500.00 $500.00 $500.00 $500.00 $500.00 $500.00 $500.00 $500.00 $500.00 $500.00 $500.00 $500.00 $6,000.00
Office Supplies $250.00 $250.00 $250.00 $250.00 $250.00 $250.00 $250.00 $250.00 $250.00 $250.00 $250.00 $250.00 $3,000.00
Repairs/Maintenance $80.00 $80.00 $80.00 $80.00 $80.00 $80.00 $80.00 $80.00 $80.00 $80.00 $80.00 $80.00 $960.00
Rent & Storage $900.00 $900.00 $900.00 $900.00 $900.00 $6,500.00 $900.00 $900.00 $900.00 $900.00 $900.00 $900.00 $16,400.00
Telephone/Internet $200.00 $200.00 $200.00 $200.00 $200.00 $200.00 $200.00 $200.00 $200.00 $200.00 $200.00 $200.00 $2,400.00
EIDL Repayment $852.00 $852.00 $852.00 $852.00 $852.00 $852.00 $852.00 $852.00 $852.00 $852.00 $852.00 $852.00 $10,224.00
$19,372.00 $15,972.00 $15,922.00 $16,572.00 $16,282.00 $22,065.00 $17,322.00 $23,322.00 $25,922.00 $27,422.00 $24,922.00 $17,422.00 $468,164.00
BID EVENTS
SCN Set up $2,709.00 $2,709.00 $2,709.00 $2,709.00 $2,709.00 $2,709.00 $2,709.00 $2,709.00 $2,709.00 $2,709.00 $2,709.00 $2,709.00 $32,508.00
SCN Coordinator $2,150.00 $2,150.00 $2,150.00 $2,150.00 $2,150.00 $2,150.00 $2,150.00 $2,150.00 $2,150.00 $2,150.00 $2,150.00 $2,150.00 $25,800.00
SCN Parking $225.00 $225.00 $225.00 $225.00 $225.00 $225.00 $225.00 $225.00 $225.00 $225.00 $225.00 $225.00 $2,700.00
SCN Marketing $450.00 $200.00 $200.00 $450.00 $200.00 $200.00 $450.00 $150.00 $150.00 $450.00 $150.00 $150.00 $3,200.00
SCN Quickbooks $270.00 $270.00 $260.00 $230.00 $230.00 $270.00 $290.00 $350.00 $370.00 $368.00 $370.00 $370.00 $3,648.00
$5,804.00 $5,554.00 $5,544.00 $5,764.00 $5,514.00 $5,554.00 $5,824.00 $5,584.00 $5,604.00 $5,902.00 $5,604.00 $5,604.00 $67,856.00
SCAF Facility Fee $5,850.00 $5,850.00 $5,200.00 $3,900.00 $3,900.00 $4,550.00 $4,550.00 $4,550.00 $3,900.00 $5,200.00 $3,900.00 $5,200.00 $56,550.00
SCAF Security/Cleaning $3,650.00 $4,550.00 $3,300.00 $2,730.00 $2,730.00 $2,210.00 $3,950.00 $3,000.00 $3,520.00 $4,220.00 $2,650.00 $3,270.00 $39,780.00
SCAF Marketing $450.00 $150.00 $150.00 $450.00 $150.00 $50.00 $450.00 $50.00 $50.00 $450.00 $50.00 $50.00 $2,500.00
SCAF Mgmt/staffing $10,210.00 $9,990.00 $9,520.00 $7,700.00 $7,700.00 $8,170.00 $9,380.00 $9,270.00 $8,140.00 $10,400.00 $8,140.00 $10,290.00 $108,910.00
SCAF Programming $400.00 $400.00 $400.00 $400.00 $400.00 $400.00 $400.00 $400.00 $400.00 $400.00 $400.00 $400.00 $4,800.00
SCAF Marketing Materials $500.00 $500.00 $500.00 $500.00 $500.00 $500.00 $500.00 $500.00 $500.00 $500.00 $500.00 $1,000.00 $6,500.00
SCAF Logistics $1,496.00 $1,464.00 $1,432.00 $1,240.00 $1,240.00 $1,272.00 $1,448.00 $1,432.00 $1,304.00 $1,560.00 $1,304.00 $1,544.00 $16,736.00
$22,556.00 $22,904.00 $20,502.00 $16,920.00 $16,620.00 $17,152.00 $20,678.00 $19,202.00 $17,814.00 $22,730.00 $16,944.00 $21,754.00 $235,776.00
BID Event Misc $500.00 $500.00 $500.00 $500.00 $500.00 $500.00 $500.00 $500.00 $500.00 $500.00 $500.00 $500.00 $6,000.00
Chili at the Beach $10,000.00 $10,000.00
Surf City Days $5,000.00 $5,000.00
Halloween $5,000.00 $5,000.00
Miracle on Main $5,000.00 $5,000.00
Holiday Beautification $20,000.00 $20,000.00
MONTHLY TOTALS $53,232.00 $69,930.00 $42,468.00 $39,756.00 $38,916.00 $45,271.00 $44,324.00 $48,608.00 $59,840.00 $56,554.00 $52,970.00 $45,280.00 $822,796.00
* A surplus of approximately $3,000 to $4,000 in BID assessments is anticipated to be carried over from the previous year.
VARIANCE: INCOME VS EXPENSE 0.00
BUSINESS IMPROVEMENT DISTRICT
2022-2023 Budget
220
Oversee the maintenance contract, including coordinating schedules and
communicating needs to best support the District.
Surf City Nights - a weekly Tuesday night market for locals and visitors. Elements of
the market include a Certified Farmers Market, local craft vendors, HBDBID member
pop-up shops, live music, and more. Each month, additional programming creates
an engaging experience for all to enjoy. Past events include HB Fire Department
Appreciation Night, Public Work Night, and personal appearances with Courtney
Conlogue, and Brett Simpson's.
Surf City Artisan Fair - a weekly market showcases high-quality regional creative
talent in an engaging, family-friendly environment with the appeal of regionally
produced hand-made wares. Weekly programming at the Four Corners (Gathering,
Giving, Creative and Learning) create fresh opportunities to work with community
partners, non-profits and new vendors.
Signature Events - annual events such as Chili at the Beach, Magic on Main Street,
He'e Nalu and more are created buzz, celebrate the culture and increase traffic to
the Downtown area. HBDBID continues to seek out opportunities to be a part of
existing events. This year the 4th of July Celebration was kicked-off with a concert
on Main Street at the HB 4th Block Party.
Working collectively with HBDBID’s members, the local community, and the City Council,
the HBDBID is dedicated to attracting more business to the District and enhancing the
customer and visitor experience. Valuable services provided by the HBDBID include:
18 221
The HBDBID and the City of Huntington Beach work together through an MOU currently authorizing $198,000
annually for cleaning in the District. Services are contracted and include porter services and power washing.
The schedule for Zone 1, Zone 2, and Zone 3 are noted on the following maps.
PORTER SERVICE
Day porters keep downtown clean in the public areas. A porter team is scheduled to remove the trash, pick
up litter, and spot mop the sidewalks. They also alert the HBDBID staff with concerns and issues that arise,
so they are quickly addressed.
POWER WASHING
Power washing is another essential element of the maintenance and beautification program. Scheduled
cleaning includes sidewalks, alleys, and gutters throughout the District.
HBDBID staff meets monthly with contractor and Public Works to walk the District and address issues when
needed.
19 222
Weekly Sidewalk Cleaning Map
20 223
21
Monthly Alley & Gutters Cleaning Map
224
22
Monthly Sidewalk Cleaning Map
225
A Certified Farmers’ Market and Artisan Fair on Tuesday nights is a
weekly destination for locals and visitors. Since reopening in March 2021,
the focus has been to enhance the weekly market experience by
sourcing new vendors, community partnerships, and increase
HBDBID Member involvement.
Evaluating the mix of business helps
to keep the market fresh and new.
Successful new vendors include
KoKo Moo, I Love Oats and OC Wild
Seafood.
Local bands at Main & Walnut and
Main & Olive create a fun environment
for all ages. Connect with our
community partners from HBPD, HBFD,
Marine Safety, Community & Library
Services and more.
FARMERS MARKET
VENDORS
Sourcing new local talent to create
an engaging mix of crafters,
retailers and business services.
HBDBID Members join in the fun by
popping out on Tuesday night and
offering "locals" discounts.
FUN
23 226
HB POLICE DEPARTMENT
APPRECIATION NIGHT
August 2021
The HB Police Department was presented with an
appreciation certificate from
HBDBID Members.
There were opportunities to have have register
your bike, learn about employment opportunities,
and visit with our local heroes from Traffic Division,
SWAT, K9 and Patrol.
ADDITIONAL SPECIAL EVENTS AT
SURF CITY NIGHTS INCLUDE:
Rockin Fig Night
Breast Cancer Night with
Courtney Conlogue
HBDBID Community Partner Award - Don Ramsey
Public Works Night
Community & Library Services
HB FIRE DEPARTMENT
APPRECIATION NIGHT
October 2021
Main Street was on FIRE to thank our local
heroes from the HB Fire Department!
Fire Trucks, Emergency Transport vehicles and
the HB Waverider were on hand for kids (and
adults) to explore. As a special treat, the
Huntington Beach Fire Department partnered
with 501st Legion to provide a fun interactive
night with Star Wars characters.
24 227
In Spring of 2022, the HBDBID became the operator of Pier Plaza Fridays and select
weekends. Surf City Artisan Fair showcases high-quality local creative talent in an
engaging, family-friendly environment that enable guests to connect with Surf City USA
in a fresh way. A weekly event, Surf City Artisan Fair is elevated by dynamic
programming and community engagement designed into the concept through the Four
Corners.
GRAND OPENING
The Surf City Artisan Fair opened on
Easter Weekend 2022. Members of
our community (and the Easter
Bunny) was in attendance for the
ribbon-cutting with the HB
Chamber.
Curated artisans create a dynamic
and engaging market for locals
and visitors.
VENDORS
FOUR CORNERS
Gathering, Giving, Creative, and
Learning.
These create a foundation of welcome,
inspiration, philanthropy, and idea-
sharing through art, music, non-profits,
community groups, and education that
will appeal to all age groups.
27 228
25 229
26 230
BOUNDARY MAP
FY 2022-2023
Exhibit "B" - Reso. 2022-44
231
BUSINESSES TO BE ASSESSED
FY 2022-2023
Business Name:
1 LOOK VINTAGE
221 N MAIN STREET BEACH PROPERTIES LLC
25 DEGREES
2ND FLOOR FAD
602 COFFEE HOUSE
7 ELEVEN STORE #35767B
7-ELEVEN STORE #2172-34653A
A & S ACCOUNTING SOLUTIONS INC
ALOHA GRILL
AMBIT CONSULTING LLC
AMERICAN VINTAGE
ANDE'S PERUVIAN ARTS AND CRAFTS (CT)
ANDE'S PERUVIAN ARTS AND CRAFTS (CT)
ARIA HOOKAH LOUNGE
ARMIJO ANTHONY (CT)
ATM GLOBAL INCORPORATED
AUTOMATED CASH MANAGEMENT SYSTEMS
(ACMS)
AVILA'S EL RANCHITO H B
B J'S RESTAURANT & BREWHOUSE
B L K EARTH SEA SPIRITS
BANZAI BOWLS
BARE BUNNY AESTHETICS
BASKIN ROBBINS #362100
BE GOOD RESTAURANT & EXPERIENCE
BEACH ISLAND
232
BEACH WAVES
BEAUTY BUNGALOWS BY PORCELAIN
BEE BEE NAILS
BLUE CHAIR ACCOUNTING
BOBASAUR
BOGGELN & COMPANY CPA
BOLT TOURS
BOMBURGER
BOW AND ARROW HAIR LOUNGE
BREWSTER'S ICE
C B INVESTMENTS INC
CALI SHORE STORE
CALIFORNIA CLOTHING
CAPITAL INVESTMENT NETWORK INC
CARLOS DANIEL JAFFE DDS
CELLORION (CT)
CELLORION (CT)
CHARLIE'S GYROS
CHICKEN IN A BARREL BBQ
COACH'S MEDITERRANEAN GRILL
COASTAL SKIN REVIVE
COASTLINE REAL ESTATE INVESTMENTS LLC
COLDSTONE CREAMERY
COMPASS
CONTINENTAL 1 HOUR CLEANERS INC
CORREA & ASSOCIATES
CRABBY'S BOAT HOUSE
CROWN BEAUTY
CRUISERS PIZZA BAR GRILL
CUCINA ALESSA HB
CVS/PHARMACY #819
DAIRY QUEEN
233
DARE ME BIKINI
DASH OF SASS
DEL MAR GLAM
DIANE'S BIKINIS
DING DR LLC
DIRTY DOG WASH
DUKE'S
DWIGHT'S BEACH CONCESSION
E J I DESIGNS
EL DON LIQUOR
ELEVATE SPA SERVICES
ESTHETICS AND LASH EXTENSIONS BY
HANNAH
EUROPA NAIL STUDIO
EV RIDEABLES LLC
F H A REVIEW
F45 TRAINING HUNTINGTON BEACH
DOWNTOWN
FLYWHEEL
FOUR SONS BREWING
FRED'S MEXICAN CAFE
FREIGHTSAVER.COM
GALITZEN PROPERTIES
GOOD VIBES
GRATER GRILLED CHEESE
GRUPO GALLEGOS
H M R ARCHITECTS
HAMLIN GOODING
HANANO
HANDEL'S HUNTINGTON BEACH
HAUS OF BUNNIES
HAVENMD
234
HEADLINER
HORN HOLISTIC HEALTH
HOT SPOT
HOT TRENDS SUNGLASSES (CT)
HOT TRENDS SUNGLASSES (CT)
HOT TRENDS SUNGLASSES (CT)
HOWARD FISCHER DVM A PRO CORP
HQ GASTROPUB
HUMMUS BEAN GRILL
HUNTINGTON BEACH BEER COMPANY
HUNTINGTON BEACH EASY RIDER, DANK
CLOTHING
HUNTINGTON BEACH REALTY
HUNTINGTON SURF & SPORT
HUNTINGTON SURF AND SPORT
HUNTINGTON SURF INN
HURRICANES BAR & GRILL
I H O P
ICECREAMTON - SOFTY ICECREAM &
HANDCRAFTED CHURROS
INDARRA MODERN INDIAN CUISINE
INIS THE ENERGY OF THE SEA
INNOCEAN WORLDWIDE AMERICAS
INNOCEAN WORLDWIDE AMERICAS LLC
INRETROSPECT
INVESTMENT BUILDERS LLC
IPA 1031 GROUP LLC
J & J COASTAL LENDING
JACK'S BEACH CONCESSION
JACKS SURF & SPORT
JACK'S SURFBOARDS
JAN'S HEALTH BAR
235
JAX BICYCLE CENTER
JAY BIRD'S
JOLYN
JPG Inc. dba Oak Leaf Productions
Just Right Apparel
KILLARNEY'S
KITE CONNECTION C/O DAVE SHENKMAN
KOKOMOS SURF SIDE
KUO JESSICA
LEATHER AND LACE O C
LET'S GO FISHING & SURF CITY SNACK BAR LLC
LOCAL MOTION INC
LONGBOARD RESTAURANT & PUB
LUCY'S TAILORING & ALTERATIONS
LUNA UNITED
M C A TRADING LLC
M E HELME HOUSE FURNISHING CO
MAHKIN THAI & SUSHI
MAILBOX STATION
MAILPIX INC
MAIN ST BARBERS
MAIN ST LIQUOR MARKET
MAIN STREET CLEANERS
MAIN STREET DAY SPA
MAIN STREET HAIR COMPANY
MAIN STREET OPTICAL & BOUTIQUE
MAIN STREET WINE COMPANY
MAKIN WAVES SALON
MANGIAMO GELATO
MERRILEE'S INC
MILK AND HONEY HB
236
MIN'S DYNASTY PERMANENT MAKEUP/MD
MEDICAL SPA
MODEL CITIZEN
MODERN PARKING INC
MONTGOMERY JEWELERS
MOOD SWINGS
NAILED IT NAIL BAR
NEIRA DESIGNS & FIX-IT ETC
NO KA OI
NORTH SHORE POKE CO
ORANGE COUNTY BARBERS PARLOR
P R TALENT
PACIFIC COAST ARCHITECTS
PACIFIC RIM TAX & ACCOUNTING
PACIFIC SOTHEBY'S INTERNATIONAL REALTY
PALADIN LEGAL DEFENDERS
PARKING CONCEPTS INC
PARLOUR E LEV EN
PEDEGO H B
PERQS NIGHTCLUB & SPORTSBAR
PETE'S MEXICAN FOOD
PHOTO HOUSE INC
PIERSIDE COMMISSARY
PORCELAIN HAIR STUDIO / PORCELAIN HAIR
EXTENSIONS
POSITIVE THOUGHT BRAND (CT4)
PRISTINE MOTORSPORTS
R M A INTERNATIONAL LANDSCAPE
ARCHITECTURE & PLAN
RAV LLC
RAY'S RENTALS
RED PERSIMMON NAILS & SPA
RIO MEDIA INC
237
RIP CURL SURF CENTER
RIPCORD DIGITAL INC
ROBERT KOURY PROPERTIES
ROBINSON LEE
ROCKIN FIG SURF SHOP
ROCKY MOUNTAIN CHOCOLATE FACTORY
SAIL PROPERTIES INC
SAKAL SURFBOARDS
SALON RETRO
SALT HAIR LOUNGE
SALT LIFE LLC
SANCHO'S TACOS
SANDBAR COCINA Y TEQUILA
SANDY'S BEACH SHACK
SESSIONS WEST COAST DELI
SHABU ON FIRE
SHARKEEZ
SHOREBREAK HOTEL
SMILES CAFE
SMOKERZ LAND 3 SMOKE SHOP
SMOKERZ LAND SNACK BAR
SOCK HARBOR
SOLENA LANDSCAPE
SOUTHNORTE BEER CO
SPEEDY CREDIT REPAIR INC
STARBUCKS COFFEE COMPANY #575
STILL NOVEL
STUDIO 37 SALON
SUGAR CABANA
SUGAR SHACK CAFE
SUITE INSPIRATION
SUNWEST REALTY
238
SURF CITY ALE HOUSE
SURF CITY CHIROPRACTIC
SURF CITY MARKET
SURF CITY SEGWAY
SURF CITY SKATES
SURF CITY STORE
SURFBOARD AND BIKE RENTALS
SURFLINE
SURGICAL REPUBLIC
SUSHI ON FIRE
T K BURGERS
T R RANCH SERVICES LLC
THAI WAVE RESTAURANT
THE BLOW DOWN LLC
THE CHEMISTRY LOUNGE SALON
THE FLAMING BURGER
THE FUNNEL HOUSE
THE HOUSE SALON
THE IRISHMAN
THE NEXT LEVEL
THE TRAINING SPOT
TOP DOG BARKERY
TOP H B NAILS
TURN-KEY HOMES
TWO HANDS CORN DOGS
TZONE
UPS STORE #4482
VEGWARE PACKAGING INC
WAHOO'S FISH TACO
WATERFRONT BEACH CABANA
WAVELENGTHS RECOVERY LLC
WEAVER & ASSOCIATES
239
WESTLAND BUSINESS SERVICES INC
WET DOG TAVERN
WINDOW KING
ZACKS PIER PLAZA
ZACKS TOO
ZEPHYR BARBERSHOP
ZERO ZERO PIZZERIA
ZIGGYS ON MAIN
ZIMBABWE HB GIFTS & ACCESSORIES (CT)
ZIMBABWE HB GIFTS & ACCESSORIES (CT)
ZIMBABWE HB GIFTS & ACCESSORIES (CT)
240
BID ASSESSMENT CHART
FY 2022-2023
241
Establish a rapport and presence with business owners, patrons, and residents with an increased
presence during large crowd events to provide the safest environment possible
The Executive Director will oversee the budget, marketing strategy, event management, stakeholder
communication, and act as a liaison to the City of Huntington Beach
Host 2022-2023 BID Board of Directors Retreat to better understand Board Member's role
Clarify the BID Board of Director's vision to create a stronger voice for the District
Convey the value of the District through communication and outreach to new and current members
Strengthen the voice of the District merchants through the District's marketing/events, governance, and
beautification committees
Marketing will promote and create the story of the District through the website, newsletters, and social
media
Strengthen the District's brand with HBDBID members, community, and partners
Actively seek out opportunities to include the District in events that take place in Downtown
Promote visitation during the holidays with holiday décor in November and December including lighting,
décor elements and a tree on the 2nd Block of Main Street
Additional cleaning is during special events and peak season to keep Downtown clean for locals and
visitors
The following are recommendations from the Advisory Board on the expenditure of revenues derived from
the levy of assessments, estimated to total $107,000 for FY 2022-2023:
Ambassadors: $32,100 (30%)
District Management (Executive Director): $26,750 (25%)
Marketing & Events: $21,400 (20%)
Holiday Beautification: $16,050 (15%)
Cleaning: $10,700 (10%)
Exhibit "C" - Reso. 2022-44
242
243
244
245
246
247
248
249
250
251
252
253
254
City of Huntington Beach
2000 Main Street,
Huntington Beach, CA
92648
File #:22-706 MEETING DATE:9/6/2022
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Al Zelinka, City Manager
VIA:Sean Crumby, Director of Public Works
PREPARED BY:Steve Bogart, Senior Civil Engineer
Subject:
Substitution of Subdivision Agreement with Shea Homes Limited Partnership and Bonds for
the Cameron Townhomes Project (Tract 19154)
Statement of Issue:
A replacement Subdivision Agreement and the associated bonds are submitted to the City Council for
execution and acceptance for the Cameron Townhomes Project (Tract 19154), because the project
has recently been acquired by a new developer, Shea Homes Limited Partnership.
Financial Impact:
No City funds required to implement the substitution of subdivision agreement and bonds.
Recommended Action:
A) Approve the Subdivision Agreement by and between the City of Huntington Beach and Shea
Homes Limited Partnership for the Cameron Townhomes Project (Tract 19154), and authorize
execution by the Mayor and City Clerk; and
B) Accept Faithful Performance Bond No. CMS0349976 for $94,495.50, Labor and Material Bond
No. CMS0349976 for $47,229.75 and Monument Bond No. CMS0349977 for $1,800.00, the sureties
furnished for installation of the required public improvements, and instruct the City Clerk to file the
bonds with the City Treasurer; and
C) Release the Faithful Performance/Labor and Material Bond No. 1001181018 and Monument Bond
No. 1001181019 and instruct the City Treasurer to notify the surety company, American Contractors
Indemnity Company of such Council action.
Alternative Action(s):
Deny the recommended actions, and direct staff accordingly. Absent this new agreement and bonds,
the City would lack the desired sureties to achieve the developer’s fulfilment of their project’s requiredCity of Huntington Beach Printed on 8/31/2022Page 1 of 2
powered by Legistar™255
File #:22-706 MEETING DATE:9/6/2022
the City would lack the desired sureties to achieve the developer’s fulfilment of their project’s required
public improvements.
Analysis:
On October 12, 2021, the Planning Commission approved Tentative Tract Map No. 19154 to
subdivide approximately 0.91 acre into 1 numbered lot for condominium purposes. The Planning
Commission also approved Conditional Use Permit No. 21-006 as part of the proposed project.
Subsequently, on June 7, 2022, the City Council approved Final Tract Map No. 19154 and the
Subdivision Agreement between the City of Huntington Beach and S.G.V. Property Fund, LLC, and
also accepted the project’s required bonds as follows: Faithful Performance Bond No. 1001181018
for $94,495.50, Labor and Material Bond No. 1001181018 for $47,229.75, and Monument Bond No.
1001181019 for $1,800.
In conformance with the project’s Conditions of Approval and Code Requirements, the original project
developer, S.G.V. Property Fund, LLC, has submitted project plans to the City and obtained grading
and building plan approvals. However, during the latter part of this process the project was sold to a
new developer, Shea Homes Limited Partnership. Prior to issuance of the project’s grading and
building permits, the City is requiring a new, replacement Subdivision Agreement to be executed with
Shea Homes and new bonds to be submitted to ensure satisfactory completion of the project’s
required public improvements.
Shea Homes Limited Partnership has submitted for City Council approval a replacement Subdivision
Agreement and bonds per the following parameters: Faithful Performance Bond No. CMS0349976
for $94,495.50, Labor and Material Bond No. CMS0349976 for $47,229.75 and Monument Bond No.
CMS0349977 for $1,800.00. The original bonds may be released by the City Treasurer’s office since
escrow has closed in the sale of the subject property and the previous developer, S.G.V. Property
Fund, LLC, has no further interests in the property.
Public Works Commission Action: Not required.
Environmental Status:
The agreement is categorically exempt from the California Environmental Quality Act, pursuant to
City Council Resolution No. 4501.
Strategic Plan Goal:
Economic Development & Housing
Attachment(s):
1. Subdivision Agreement
2. Bonds (Faithful Performance, Labor and Material, Monument)
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City of Huntington Beach
2000 Main Street,
Huntington Beach, CA
92648
File #:22-727 MEETING DATE:9/6/2022
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Al Zelinka, City Manager
VIA:Chris Slama, Director of Community & Library Services
PREPARED BY:Chris Slama, Director of Community & Library Services
Subject:
Consider for approval the naming of the area known as the “Secret Garden” located in
Huntington Central Park East, as recommended by the Community & Library Services
Commission
Statement of Issue:
A segment of parkland unofficially referred to as the “Secret Garden,” located just north of the
Huntington Beach Central Library (Attachment #1), was developed in 1992 as a demonstration
xeriscape garden showcasing drought tolerant plants. According to the Huntington Beach Tree
Society (Tree Society), since October 2014, volunteers have spent approximately 24,000 hours
restoring and maintaining the garden in collaboration with the City’s Community & Library Services
and Public Works Departments. At this time there is a need to formally name the area “Secret
Garden” as recommended by the Community & Library Services Commission.
Financial Impact:
Not applicable.
Recommended Action:
Approve the recommendation by the Community & Library Services Commission to formally name a
parkland area located in the eastern section of Huntington Central Park as “Secret Garden.”
Alternative Action(s):
Do not approve the recommended action, and direct staff accordingly.
Analysis:
At the July 26, 2021 meeting of the Huntington Central Park Collaborative (Collaborative), Tree
Society volunteers discussed the desire to install a monument sign to properly identify the area. The
Tree Society informed the Collaborative that they had raised funds and hired a professional firm to
design an arched entry sign bearing the name of Secret Garden. Given that the subject location has
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never been officially named, staff determined that adding a sign was premature and informed the
Collaborative and volunteers that vetting the item through the park naming process would be in order
first, followed by appropriate processes for design approval before moving forward.
In accordance with the Park Naming and Memorials Resolution No. 2017-25, staff consulted the
Historic Resources Board (HRB) Chair, Kathie Schey, to determine if the HRB needed to review the
naming of the subject area, or if there was any known historical significance that would warrant
further considerations in carrying out the naming process. According to Chair Schey, there is no
known historical significance that suggests naming the garden otherwise. Mrs. Schey was in full
support of officially naming the area as the Secret Garden.
At the July 20, 2022 Community & Library Services Commission meeting, the Commission approved
the recommendation to City Council to name the area in Huntington Central Park as “Secret Garden.”
Should City Council approve the recommended action, staff will continue to work with Tree Society
volunteers on signage design approvals and subsequent installation processes.
Environmental Status:
Not applicable.
Strategic Plan Goal:
Infrastructure & Parks
Attachment(s):
1. Location Site Map
2. Park Naming and Memorials Resolution No. 2017-25
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Goldenwest StHuntington BeachCentral Library
SecretGarden
Location of the Secret Garden in Huntington Central Park
*Note: Secret Garden outline is for
reference only, and not to scale 290
RESOLUTION NO. 2017-25
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH ESTABLISHING A POLICY
FOR THE NAMING OF CITY PARKS, PARK FEATURES AND
COMMUNITY FACILITIES AND REPEALING CONFLICTING RESOLUTIONS
WHEREAS, it is desirable that appropriate names be chosen when naming City parks,
park features and community facilities which in some instances recognizes donations of furniture
and/or park play equipment and other amenities, and that a policy be adopted by the City Council
to accomplish this purpose,
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
resolve as follows:
1. That the policies contained in this Resolution shall be instituted for the naming of
the City's parks, park features and community facilities, and in some cases will recognize
donations of furniture and parldplay equipment and other amenities.
2. That parks adjacent to schools be named the same as the school.
3. That if an entire park or sizable portion of a park which is not adjacent to a school
is donated by an individual or family, it may be named after the donor.
4. That if the park is neither adjacent to a school nor donated, all or in part, it may be
named after past Huntington Beach mayors who are no longer members of the City Council
("Former Mayors"). In addition, other individuals, including past council members, (or other
names) may be proposed. The names of these persons may be considered when their unique
contributions have had a City, state or national impact, are marked by excellence and are worthy
of honor.
5. That in addition to parks, other community facilities such as lakes, park features
of Huntington Central Park, structures (other than restrooms and benches), groves of trees,
walkways, playing fields, group camp and picnic sites, gardens, play equipment areas, meadows,
amphitheaters, vistas, bridges and wildlife refuges may be named after former mayors to honor
them for their service to the City. In addition, other individuals, including past council members,
may be proposed when their unique contributions have had a City, state or national impact, are
marked by excellence and are worthy of honor. In addition, other individuals or other names
may be proposed.
6. That if a park, park feature or other community facility is to be named based on a
finding of historical significance, in addition to review by the Community Services
Commission, the City of Huntington Beach Historic Resources Board will be consulted prior to a
recommendation from the Community Services Commission to City Council.
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RESOLUTION NO. 2017-25
7. That if park or pier furniture such as picnic tables, benches, trash cans, or play
equipment is donated by an individual, civic organization, family or business, the donor may
receive recognition by having the name of a person, family or business placed on the donation.
For example, if a donation in memory of a relative were given to the City for a pier bench, the
following guidelines would apply when naming the bench: The name only, including the year; in
honor of (individual's name), including the year; in memory of (individual's name), including the
year.
Another example if a donation were made for a modular piece of play equipment or a park bench
from a company with the bench placed immediately adjacent to a new tot lot with the inscription
"This tot lot is donated to the City of Huntington Beach by
Company."
8. That if a business or other entity offers to pay the City in exchange for the City
naming a facility or park after the business, then the City may enter into an agreement for the
same. The agreement must be prepared by the City Attorney and approved by the City Council.
9. That only one park, park feature or community facility shall be named for an
individual.
10. That all recommendations for park/pier memorial naming be processed through
the Community Services Commission which shall make a recommendation to the City Council
for final approval or denial. City Council retains all authority to name a park, park features and
community facilities without returning to the Community Services Commission.
11. That Resolution No. 2004-90 and all other resolutions in conflict herewith are
hereby repealed.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 7TH day of AUGUST ,2017.
APPROVED AS TO FORM:
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Res. No. 2017-25
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing resolution was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council
at a Regular meeting thereof held on August 7, 2017 by the following vote:
AYES: O'Connell, Semeta, Posey, Delgleize, Hardy, Brenden, Peterson
NOES: None
ABSENT: None
RECUSE: None
9,4-ezezzeih,d
City Clerk and ex-officio Clerk of the
City Council of the City of
Huntington Beach, California
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City of Huntington Beach
2000 Main Street,
Huntington Beach, CA
92648
File #:22-715 MEETING DATE:9/6/2022
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Al Zelinka, City Manager
VIA:Scott M. Haberle, Fire Chief
PREPARED BY:Kevin Justen, Senior Administrative Analyst
Subject:
Consider for approval the City’s responses to Grand Jury Report “Where’s the Fire? Stop
Sending Fire Trucks to Medical Calls”
Statement of Issue:
The City Council is requested to approve the attached responses by the City Council and the Fire
Chief to the 2021-2022 Orange County Grand Jury report “Where’s the Fire? Stop Sending Fire
Trucks to Medical Calls” and authorize the Mayor to sign the attached transmittal letter to The
Honorable Erick L. Larsh, Presiding Judge of the Orange County Superior Court. The Grand Jury
report cites Penal Code requirements that the City Council and Fire Chief provide responses to the
report’s findings and recommendations.
Financial Impact:
Not applicable.
Recommended Action:
Approve the City Council and Fire Chief responses to the findings and recommendations in the
Grand Jury report “Where’s the Fire? Stop Sending Fire Trucks to Medical Calls” and authorize
the Mayor to sign the attached transmittal letter to The Honorable Erick L. Larsh, Presiding Judge
of the Superior Court of Orange County.
Alternative Action(s):
Do not approve the responses to the Grand Jury report, and direct staff accordingly.
Analysis:
In 2021-2022, the Orange County Grand Jury prepared the report “Where’s the Fire? Stop Sending
Fire Trucks to Medical Calls” (Attachment 1). This report evaluates the emergency medical services
(EMS) response model in Orange County and offers various findings and recommendations
regarding EMS practices of all Orange County fire departments. In their evaluation, the Grand Jury
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determined that many fire departments may have absorbed emergency medical responses into their
fire response models; however, those models have not evolved over the years and may require
updates to ensure that fire departments deploy the appropriate emergency response for each
medical crisis.
The Huntington Beach Fire Department (HBFD) has provided these services since the early 1970’s
and continues to update its EMS protocols to address the needs of our community. This includes
updating procedures and implementing advances in technology to provide a high service level to
residents. This is reflected in responses to customer satisfaction surveys sent to patients who are
treated and transported by HBFD, which show that 98.7% of patients feel that the quality of EMS
services met or exceed their expectations. The model used by HBFD is considered an industry best
practice, and members continue to strive for excellence in EMS service delivery.
As required by California Penal Code Section 933.05, the governing bodies of the public agencies,
which the Grand Jury has reviewed, are required to comment on any applicable findings and
recommendations in the report. The Huntington Beach Fire Department was provided with five
findings and three recommendations, and responses must be sent to Erick Larsh, the Presiding
Judge of the Superior Court. City staff has prepared a letter to the Presiding Judge with a response
to each of the eight items (Attachment 2).
In compliance with Penal Code requirements, HBFD’s responses to findings must include either an
agreement or disagreement and an explanation. Responses to recommendations must include
commentary and one of the following required actions:
1. The recommendation has been implemented, with a summary regarding the implemented
action.
2. The recommendation has not been implemented, but will be implemented in the future,
with a timeframe for implementation.
3. The recommendation requires further analysis, with an explanation of the scope and
parameters of that analysis and timeframe.
4. The recommendation will not be implemented because it is not warranted or is not
reasonable, with an explanation.
In addition, the report requires the Fire Chief to provide commentary and a response for each finding
and recommendation (Attachment 3). Lastly, a proposed transmittal letter from the Mayor is available
under Attachment 4.
The responses must be must be approved by the City Council and submitted by September 30,
2022.
Environmental Status:
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None.
Strategic Plan Goal:
Financial Sustainability, Public Safety or Other
Attachment(s):
1. Grand Jury Report “Where’s the Fire? Stop Sending Fire Trucks to Medical Calls”
2. City Council Response to the 2021-22 Grand Jury Report
3. Fire Chief Response to the 2021-22 Grand Jury Report
4. Transmittal Letter from Mayor Delgleize to the Honorable Eric L. Larsh
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WHERE’S THE FIRE?
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GRAND JURY 2021-2022
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Table of Contents
SUMMARY ................................................................................................................................... 2
BACKGROUND ........................................................................................................................... 2
The Evolution of Fire Departments Providing Medical Services ............................................ 2
A Myriad of Acronyms: EMS, ALS, BLS, PAU ........................................................................ 3
REASON FOR THE STUDY ...................................................................................................... 4
METHOD OF STUDY ................................................................................................................. 5
INVESTIGATION AND ANALYSIS ......................................................................................... 5
The Vast Majority of 911 Emergency Calls Routed to Fire Stations Are Medical in Nature . 5
Orange County Fire Departments and Personnel ................................................................... 6
Different Areas, Different Needs ............................................................................................. 6
Anatomy of a Medical Call: Dispatch to Response. ................................................................ 7
Firefighter Fatigue .................................................................................................................. 7
The Different Approaches to EMS Response in Orange County ............................................. 8
Independent City Fire Departments ........................................................................................ 8
San Bernardino County Fire Protection District .................................................................... 9
Placentia Model for EMS – A New Approach ....................................................................... 10
Orange County Fire Authority .............................................................................................. 11
Friction Between OCEMS and OCFA ................................................................................... 13
COMMENDATIONS ................................................................................................................. 14
FINDINGS ................................................................................................................................... 14
RECOMMENDATIONS ............................................................................................................ 15
RESPONSES ............................................................................................................................... 16
Responses Required ................................................................................................................ 17
REFERENCES ............................................................................................................................ 19
GLOSSARY................................................................................................................................. 21
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SUMMARY
In Orange County, nearly 80 percent of all 911 calls to fire departments are for medical services.
Efficient and effective responses to 911 calls are of utmost importance to every community. Even
though 911 calls are categorized by severity, responses by most Orange County fire departments do not
change accordingly. Current protocol requires sending multiple vehicles to the scene which involves not
only additional personnel but also expensive fire equipment. This is the case even when an ambulance or
rescue squad vehicle could provide all the necessary medical supplies and personnel. Sending a 36,000
to 60,000-pound fire engine or aerial ladder truck down residential streets for strictly medical calls is not
only dangerous and costly, but it also results in unnecessary wear and tear on our streets.
Our Orange County firefighters perform an exemplary job under extremely stressful circumstances.
They often work compulsory overtime hours. After considering the demands placed on our firefighters
and the importance of optimizing efficiency while maintaining a high level of care and response time,
the Orange County Grand Jury recommends the following: Fire departments implement a universal
tiered response system to dispatch ambulances or rescue squad units to most medical calls rather than
deploying larger fire equipment as the standard response.
While the Orange County Grand Jury sees distinct advantages to separating EMS from Fire
response, we are not currently recommending privatization of medical services. We applaud the
level of care provided by all paramedics, including firefighter paramedics. The Orange County
Grand Jury does recommend, however, that the emergency medical services response model
should change.
This investigation also revealed a breakdown in communication and trust between Orange
County Emergency Medical Service (OCEMS) and OC Fire Chiefs, which includes Fire Chiefs
of the Orange County Fire Authority (OCFA) and various city fire departments. Although their
mandated responsibilities are clear, there is a mutual reluctance to acknowledge their respective
spheres of authority, in particular the critical role of OCEMS as an independent regulatory body.
BACKGROUND
The Evolution of Fire Departments Providing Medical Services
Over 100 years ago, organized firefighting in America was established primarily to guard against
loss of property. Prior to the 1970s, emergency medical calls were transferred to either private
ambulance companies or hospital ambulance companies. By the 1970s, the number of calls for
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fire service declined due to the development and enforcement of stringent building codes and fire
prevention systems. As a result, the role of local fire department has changed substantially.
In conjunction with the development of the 911 emergency call system, fire departments
broadened their service models and capabilities, creating an all-hazards approach to emergency
services delivery. The strategic location of firehouses throughout their service area made them a
logical choice to respond to time critical calls. Fire departments now respond to any number of
emergencies, including but not limited to traffic collisions, hazardous spills, cat rescues, and
natural disasters as well as fires. However, 80 percent of all calls are for medical assistance.
An Explanation of Acronyms
This report looks at the ways in which fire departments respond to and provide emergency
medical services (EMS). There are two levels of support systems in any kind of medical
emergency: Basic Life Support and Advanced Life Support.
Basic Life Support (BLS) generally refers to the type of care that first-responders, healthcare
providers, and public safety professionals provide to anyone who is experiencing a non-life-
threatening medical event. BLS treatment is noninvasive and is usually performed by an
Emergency Medical Technician (EMT).1
Advanced Life Support (ALS) is a response to critical care patients who may require invasive
procedures such as injections, intubation, or the administration of medication. Due to the more
severe nature of the patient’s condition, ALS calls require a response from a crew that includes
ALS-certified responders, specifically paramedics. All paramedics, including firefighter
paramedics, are required to undergo a higher level of training than EMTs. Paramedics are trained
to administer drugs, intubate patients, and insert IVs. EMTs are not certified to perform these
procedures.
California's EMS Act authorizes each county to develop an EMS program and to designate a
local Licensed Emergency Medical Services Agency (LEMSA) that oversees the delivery of
EMS within that geographic area. This level of governance allows for local control of emergency
medical services. In Orange County, the LEMSA is the Orange County Office of Emergency
Medical Services (OCEMS) which operates under the Orange County Health Care Agency.
OCEMS is responsible for the oversight of licensing all BLS and ALS responders, the
management and inspection of privately owned ambulances, and the creation of response
protocols including mass casualty incident response plans.
1 California Emergency Medical Services “Scope of Practice,” (November 2017 ).
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A Paramedic Assessment Unit (PAU) provides initial field paramedic assessment and
interventions utilizing a minimum of one qualified paramedic and an EMT. A PAU may escort,
monitor, and treat patients during transport to a hospital in accordance with that paramedic’s
provider agency policy.2
REASON FOR THE STUDY
Previous studies within Orange County and elsewhere have come to the same conclusion: there
is an over-deployment of equipment and personnel for non-life-threatening emergency medical
calls. For example, in 2014, the OCFA commissioned Emergency Services Consulting
International to conduct a study on OCFA deployment. One of their recommendations is as
follows:
To improve the overall response performance of the OCFA delivery system the number
of units sent to most emergency medical incidents must be reduced. Criteria-based
dispatch (CBD) protocols could be implemented allowing a single unit response to most
emergency medical incidents.3
Furthermore, as part of the Anaheim Fire & Rescue 2015-2020 Strategic Plan, at page 25, it was
recommended that a Community Care Response Unit be established as “an alternative and
innovative response model that will deploy a single vehicle utilizing a nurse practitioner and
paramedic to respond to non-urgent call requests in place of a standard paramedic engine/truck
and ambulance unit response.”
Grand Juries in Orange County (2011-12) and Santa Clara County (2010-11) both delivered the
same message in their reports: re-evaluate your response model to enable an appropriate EMS
response, thereby reducing costs and equipment wear and tear.
Despite all these recommendations, the response deployment for medical calls remains
substantially unchanged. This Grand Jury will revisit concerns about the expensive deployment
of fire equipment and personnel for routine medical calls.
2 OCEMS Agency Policy #330.70
3 Emergency Services Consulting International, OCFA Standards of Coverage and Deployment Plan, p. 147 (2014).
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METHOD OF STUDY
To understand the structure, staffing, and response models for various fire departments within
California, as well as the relationship among the fire agencies and OCEMS, the Orange County
Grand Jury engaged in the following:
• Reviewed statutes, articles, ordinances, reports, OCFA Memorandum of Understanding
(MOU), and commissioned studies.
• Interviewed OCFA leadership, Fire Chiefs inside and outside of Orange County, City
Managers, personnel from OCEMS, private ambulance company executives, and
firefighter union leadership.
• Reviewed a large volume of material from various relevant websites.
• Reviewed OCFA Board of Directors and various City Council meeting minutes, agendas,
and staff reports related to fire and medical services.
• Toured OCFA Headquarters and Training facility.
• Reviewed multiple written communications, deployment protocols, annual reports, and
financial reports.
INVESTIGATION AND ANALYSIS
The Vast Majority of 911 Emergency Calls Routed to Fire Stations Are
Medical in Nature
OCEMS data, as well as most fire department representatives interviewed, agree that of all 911
calls routed to a fire department for response, at least 80 percent are for EMS; the lowest figure
provided was an estimated 75 percent. In areas with older demographics, the EMS percentage of
medical calls as opposed to other emergencies is even higher. At least one fire department
reported that nearly 90 percent of its calls are purely medical in nature. Furthermore, it has been
estimated that up to 80 percent of those EMS calls can be classified as BLS.4
In an OCFA-commissioned comprehensive study, it was reported in 2018 that OCFA responded
to 139,287 incidents of which 77.39 percent were EMS. Only 1.47 percent of the 911 calls routed
to OCFA stations were dispatched as fire calls.5 The remaining 21.14 percent were classified as
“other,” which included calls for persons in distress, smoke, odor problems, hazardous
conditions, electrical wiring arcing, false alarms, children or pets locked in cars, and calls that
4 Emergency Consulting Services International, OCFA Standards of Coverage and Deployment Plan, p. 146 (2014);
interviews with OCEMS staff and several Fire Chiefs.
5 Citygate, Associates, Inc., Standards of Coverage Service Level Assessment OCFA, p. 53 (June 30, 2020).
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were resolved prior to OCFA arrival. Consistent with this report, the OCFA Comprehensive
Annual Financial Report for fiscal year ending June 30, 2021, provided statistics showing that
out of the 152,289 emergency calls directed to OCFA, close to 75 percent were classified as
EMS, while only 1.7 percent were considered fire calls.
Orange County Fire Departments and Personnel
Orange County cities are either part of the Orange County Fire Authority or have their own
independent fire departments. Founded in 1995, the OCFA is a regional fire service agency that
currently serves 25 cities in Orange County and all its unincorporated areas. The OCFA protects
nearly two million residents with 77 fire stations located throughout Orange County. The nine
Orange County cities that are not OCFA members each have a separate fire department and
collectively protect approximately 1,187,000 residents. These independent cities include
Anaheim, Brea/Fullerton, Costa Mesa, Fountain Valley, Huntington Beach, Laguna Beach,
Newport Beach, Orange, and Placentia.
OCEMS has established a minimum requirement that one paramedic and one EMT respond to
EMS calls. It is left up to the individual fire departments to determine how to deploy personnel
and whether to exceed these minimum staff requirements. According to several OCEMS
employees and its written protocols, one paramedic and one EMT are sufficient to provide
appropriate care in response to an EMS call.
In its June 4, 2019 presentation “Consideration of Placentia Fire and Emergency Service,” the
City of Placentia reported that out of 43 fire departments surveyed in Los Angeles, Orange, and
Riverside Counties, 27 departments (67 percent) utilize a three-person engine crew. This was the
most common standard among the three counties. San Bernardino County and several Orange
County cities (including La Habra, Laguna Beach, and Huntington Beach) also allow three-
person engine companies. OCFA and several other independent fire departments within Orange
County staff their engines and trucks with four-person crews.
Different Areas, Different Needs
Based on local demographics, geographic features (for example: beaches vs. forest areas), and
other community differences, the needs of various individual communities are radically different.
Fire Station 22, located in Laguna Woods, serves a median resident age over 78 years old which
results in a very high number of medical responses. Fire Station 2, located in Los Alamitos,
operates within a very different demographic and a service territory that includes beaches, a large
military installation, as well as a large retirement community. And Station 18 in Trabuco Canyon
provides services to a wildland area as well as a ‘suburban’ area with a much lower age
demographic than Fire Station 22. Different equipment and staff deployment models are
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warranted for each environment. The OCFA approach appears to be to add ‘engines and trucks’
to provide service, rather than taking a much more tailored approach. The trend within OCFA
has been to remove Paramedic Squad units and replace them with Engines and Trucks.
Anatomy of a Medical Call: Dispatch to Response.
The goal of any emergency responder is to arrive on site quickly with the appropriate equipment
and personnel needed to handle the emergency. The goal of a tiered dispatch system is to match
the emergency with the appropriate level of response in terms of urgency, personnel, and
equipment.
The most well-known of the tiered dispatch systems is the Clawson system of priority dispatch.
Emergency medical dispatchers use call screening to determine what level of response is
required by determining what Clawson refers to as the four commandments of medical dispatch:
1) chief complaint, 2) approximate age, 3) status of consciousness, and 4) status of breathing.
Several of the independent city departments are members of Metro Cities Fire Authority, also
known as Metro Net Fire Dispatch or Metro Net, a joint powers agency that provides
professional dispatch services for fire and emergency medical services. Metro Net uses a
modified version of the Clawson model software to triage medical calls. Once it has been
established that the call is for medical services, the dispatchers use a software package to walk
through triage questions.
OCFA uses a severity model based loosely on the Clawson system for assessing medical
emergency calls. Dispatch employees make a preliminary determination as to the nature and
severity of the medical emergency through a series of carefully designed questions and computer
applications. However, regardless of the preliminary assessment, a full ALS response is
dispatched. This means that an engine or truck staffed with four personnel, often in partial or full
firefighter turnout, is dispatched, at least two of whom are paramedic/firefighters. A transport
ambulance with two EMT trained attendants is also dispatched, regardless of the classification of
the medical emergency.
Firefighter Fatigue
Overworked and fatigued firefighters have been the topic of several articles and commentaries in
counties throughout the State, and Orange County is no exception. There are staff shortages due
to retirements. Firefighters have been forced to take extra shifts when voluntary coverage is not
available. This can occur when firefighters are out ill, injured, on workers’ compensation, or
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absent for personal reasons. Absences have been exacerbated by the COVID pandemic and the
increased prevalence of wildfires. According to the OCFA, “The volume of vacant shifts is
substantially exceeding the overtime our firefighters wish to work.”6 As publicly explained by
OCFA Fire Chief Brian Fennessy, “Workplace burnout is an occupational phenomenon marked
by exhaustion, negativity to one’s job, and reduced professional efficacy.”7
Compulsory overtime work, often referred to as “forced hiring,” is not new. While an increase in
wildfires as well as the various reasons described above contribute to the firefighter shortage,
routinely and unnecessarily sending out fire engines and trucks with the fire personnel required
to staff that equipment is also a contributing factor. Using ambulances and other similar
paramedic assessment units (PAUs) or paramedic squad units that are more efficient, nimble, and
less personnel-intensive would substantially reduce the demand on firefighters leading to a
reduction in work time and stress for on-duty firefighters. This is especially important when they
are working compulsory overtime.
The Different Approaches to EMS Response in Orange County
Independent City Fire Departments
Several long-established cities in Orange County have independent fire departments. Examples
include Anaheim Fire and Rescue, Huntington Beach Fire Department, Fullerton Fire Department,
and Laguna Beach Fire Department. Most of these departments utilize Metro Net (described above)
as their dispatcher. Even though medical priorities are evaluated by the Metro Net dispatcher, in most
cases an engine or truck with firefighter/paramedics is dispatched to the incident, along with an EMT
ambulance, regardless of the severity of the medical call. OCFA and Metro Net communicate when
necessary.
To avoid competition and to ensure quality of service, OCEMS is also responsible for contracting
qualified ambulance companies to service a particular geographic area, known as Exclusive
Operating Areas (EOA) for patient transport to hospitals. However, some cities can own and operate
ambulances that are not subject to the EOA ambulance agreements provided by OCEMS. Under
California law, only cities that had their own ambulance services prior to 1980 (including cities
served by OCFA) have the option of purchasing or contracting for their own ambulances. Those cities
may also contract with private ambulance companies independently of OCEMS.
6 OC Register, Saavedra, T. and Licas, E.,“OCFA Firefighters Burned Out By Overtime” (Oct. 29, 2021).
7 Ibid.
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Huntington Beach and Anaheim are two examples of this. Both cities deploy city-owned and operated
ambulances which are based in fire stations; however, not all fire stations have ambulances. Where
available, the ambulance rolls concurrently with the fire apparatus and typically arrives at the same
time. The consensus among those interviewed indicated that this is a far better scenario in terms of
overall response than relying on contracted private ambulances. There are also significant economic
and long-term staffing advantages associated with this model. One example is that having EMTs
working within the fire department serves as a pipeline for developing qualified firefighter
paramedics. A disadvantage, however, is that city-owned ambulances are not subject to required
inspection and approval by OCEMS, which the Orange County Grand Jury finds problematic.
Other benefits to cities able to operate their own ambulances are potential economic and service
advantages for residents. In those cases, fees for ambulance services are payable to the city either by
individuals or through medical insurance. Those fees typically offset the costs and, in some cases,
provide marginal revenue. That excess revenue can be then provided to the overall city Fire/EMS
department budgets to enhance services.
Most of the independent city fire agencies within Orange County offer a paramedic subscription
service for residents and local businesses. An annual fee (around $60 per household) provides “free”
paramedic services to subscribers. Otherwise, there is a per-call fee charged which is not typically
covered by health insurance companies. Huntington Beach, Fountain Valley, and Anaheim are
examples of cities with subscription paramedic services. The fees cover many of the fire department
costs for paramedic services within the jurisdiction.
San Bernardino County Fire Protection District
For comparison, San Bernardino County uses a staffing model like many other counties in the
state. Engines are staffed with a crew of three: a captain, an engineer, an ALS
paramedic/firefighter. The captain and engineer are BLS certified. Each engine is considered an
ALS response unit. In some areas, depending on budget, there may be an additional paramedic
squad unit staffed by an ALS certified paramedic/firefighter and a BLS certified firefighter.
These units can participate in rescue activities and carry appropriate rescue equipment. Contract
EMS ambulances are provided in parts of the service territory by a private provider while the
other areas are covered by the San Bernardino County Fire Protection District Ambulance
Operator Program which staffs ambulances with a single function paramedic as well as an EMT.
Dispatch is staffed by Emergency Medical Dispatch (EMD) certified personnel. Each medical
call is screened to determine its category and severity. Based on that screening, appropriate
response units are dispatched. Typically for a critical situation an engine and an ambulance will
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be dispatched Code 3 (lights and sirens). In situations that are deemed to be less critical, the
response can be a single unit or a transfer to a nurse’s hotline. Their current MOU allows for
single paramedics on engines, squads, or aerial ladder trucks.
Placentia Model for EMS – A New Approach
Due to severe economic pressures, in 2019 the City of Placentia notified OCFA that they would be
withdrawing from OCFA and forming their own fire department. To save money and become more
efficient, Placentia separated the paramedic EMS response team from its Fire Department personnel
and contracted with a private ambulance company to deliver EMS paramedic services.
Placentia also decided to keep dispatching responsibilities within its Police Department which
receives all 911 calls. The police dispatcher determines whether the police, the Fire Department, a
private ambulance EMS unit, or some combination thereof (as in the case of a serious traffic accident)
should be dispatched to respond. Based on preliminary reports, the system is efficient and results in
faster EMS responses, especially for coronary and stroke cases.8 This is attributed in large part to the
fact that “turnout time” for fire equipment and firefighter personnel (listed at over three minutes and
30 seconds for OCFA) is essentially eliminated with this model. Preliminary statistics show that not
only have City costs have gone down, the time taken to appear on site for an EMS call also has been
reduced by four minutes, from 9.5 to 5.5.9
Despite the positive results and cost savings, Placentia has withstood considerable criticism as well as
a lack of cooperation from OCFA and its union.10 The cost savings could be partially attributed to
several factors: its very small geographical area; fewer wildland fires to contend with; no fast-water
rescue requirements; and the City’s firefighters do not earn the same salary or benefits that OCFA
firefighters enjoy. From a cost perspective, why should they be charged by OCFA for services they
do not require? Placentia should receive credit for attempting (and in many ways delivering) a new
and better approach to EMS.
8 City of Placentia Fire and Life Safety Department Inaugural Report FY 2020-21, pps. 8-9.
9 Ibid.
10 See, e.g., OCFA Board Meeting, May 26, 2020, comments by Craig Green; Fullerton Observer, Council and Fire
Dept. Clash Over Agreement with Placentia (June 24, 2020); California Policy Center, Ring, E. Firefighting in
Orange County, Part 3 - Placentia’s War for Independence (July 1, 2020); OC Register, Robinson, A., Placentia
Alleges Retaliation, ‘Unprofessional Behavior’ After Vote to Quit OCFA (June 28, 2019); Correspondence between
OCFA, OCEMS and Placentia Fire Dept.; Interviews.
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Orange County Fire Authority
As noted above, OCFA makes an initial determination as to the nature and severity of the
medical emergency. Regardless of the preliminary assessment, a full ALS response is
dispatched. This means that an engine or truck company, staffed with at least two
paramedic/firefighters, two EMT trained firefighters, and a transport ambulance with two EMT
trained attendants is sent to the scene. While this approach means less time is spent with the
caller before the dispatch for services occurs, it also results in a minimum of six people and two
vehicles being dispatched for all EMS calls, even for minor medical events. The OCFA MOU
with the firefighter’s union specifies a minimum of two paramedic/firefighters on each ALS unit.
OCEMS agrees that a single PAU unit staffed with a paramedic and EMT provides the service
needed for most types of emergency medical calls if the requests for service are properly triaged
and dispatched based on medical priority.11
In a 2014 OCFA-commissioned report,12 recommendations included the following:
Formally establish “criteria based” dispatch protocols to allow a single unit response to
those incidents triaged as non-life threatening. Staff the majority of fire engines with
three personnel, one of whom is a paramedic; in areas considered hard to cover, or those
lacking an effective response force coverage (for example areas covered by stations 40
and 53), staff fire engines with four persons, two being paramedics. Response to a life-
threatening incident would be two units.
For nonlife-threatening incidents, any response unit can be dispatched. If for example, a
squad and engine are both available and the same distance from the incident the squad
can be dispatched preserving the engine in the event of a fire incident.
Because over 75 percent of all fire dispatch calls are for medical emergencies, dispatching an ALS
response with a truck or engine to every emergency medical call does not make sense and results in a
consistent over-deployment of equipment and personnel.
Avoiding the dispatch of fire engines and trucks offers an additional advantage. If one (or both)
of the responding firefighter/paramedics must accompany the patient in the ambulance to the
hospital, then their engine typically follows the ambulance to the hospital. The fire engine and its
crew must wait until the hospital staff takes charge of the patient and releases the paramedic to
11 OCEMS Policy #330.70
12 Emergency Services Consulting, OCFA Standards of Coverage and Deployment Plan , pp. 146-47 (2014).
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rejoin their unit. The time the engine or truck is out of service waiting for the firefighter
paramedic to be released is referred to as “wall time.” COVID-19 has made wall time longer as
many emergency rooms have not been able to deal with the high volumes of patients, resulting in
much longer wait times and potential degradation of service.
Within OCFA’s jurisdiction, there are at least two geographic areas with even higher medical
emergency call volumes. One such area is Laguna Woods which is served by OCFA Station 22.
Laguna Woods comprises 3.1 square miles and is home to approximately 16,000 residents with a
median age of over 78. Notwithstanding its size, Laguna Woods has the same number of calls as
the City of Tustin, which consists of a service territory of 11.1 square miles and a population of
approximately 80,000. The table below depicts the high volume of calls and the proportion of
medical calls between the two areas with the overall same number of calls.13
CITY
POPULATION SIZE
(Sq Miles)
# EMS
CALLS
# FIRE
CALLS
# TOTAL
CALLS
Laguna
Woods
16,000 3.31
4,876
24
5,000
Tustin
80,000 11.14
4,062
95
5,395
CITY % EMS
CALLS/TOTAL CALL/POP
EMS
CALLS/POP
% FIRE
CALLS/POP
% EMS
CALLS/SIZE
Laguna
Woods 97.52% 31.25% 30.48% 0.48% 2.07%
Tustin 75.29% 6.74% 5.08% 1.76% 1.39%
While averaging just two fire calls each month, Laguna Woods is equipped with two Type 1
Engines and one aerial truck. Given the size and weight of these large fire vehicles, there is
unnecessary wear and tear on the streets of Laguna Woods when Station 22 equipment is sent out
on such a high volume of simple medical calls. Replacement of one of the two Type 1 Engines
assigned to Station 22 with two paramedic squad vehicles would save the expense of wear and
tear, maintenance, equipment, and operating costs. It would also result in faster response times
since the time it takes for fire personnel to gear up and get the larger trucks to move out is at
13 OCFA Comprehensive Annual Financial Report, FY ending June 30, 2021, pp. 135, 142 -43.
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least two minutes longer than for the smaller vehicles to roll out.14 Although that approach adds a
fourth paramedic unit to the service area, causing a shift in assignments, additional staffing
would not be necessary. Additionally, the cost of two fully equipped paramedic squad vehicles is
less than the cost of a single Type 1 Engine. The typical cost for a fully equipped Type 1 engine
is between $750,000 and $1,000,000 as opposed to the typical cost for a fully equipped
Paramedic Squad vehicle (based on a Ford F-350 Super Duty Diesel chassis) which is under
$200,000.15
Friction Between OCEMS and OCFA
Fractures between OCEMS, the OCFA, and independent city Fire Chiefs are apparent. This is
exemplified in a letter written to OCEMS from the Fire Chiefs that pointed to OCEMS’s “offensive”
action in implementing policy changes without prior notice or collaboration. This complaint was made
despite the Fire Chiefs’ specific acknowledgment in the same letter that a joint advisory committee had
been formed and had been discussing the issues.16
Despite the OC Fire Chiefs’ complaint about OCEMS overstepping its authority, the only example
provided to the Orange County Grand Jury was the emergency action taken by OCEMS in 2021 when
hospitals were backed up. This caused long wait-times for first responders who transported patients to
the emergency room and kept them unavailable to respond to other emergencies. In response, OCEMS
introduced an emergency measure which allowed EMT and paramedic transporters to leave patients in
the hands of the hospital on a portable cot provided by the ambulance squad.17 Although the change
addressed the fire departments’ problem of extended “wall time” for fire paramedics, it resulted in a
strong rebuke from Fire Chiefs for failing to provide adequate notice to them or provide an opportunity
to collaborate. Although OCEMS could possibly have provided better notice to OCFA and the
independent Fire Chiefs, the OCEMS appeared to be working in the best interest of all parties involved.
This was a fact that was, at best, only begrudgingly acknowledged by a few OCFA union representatives
and other fire agency personnel.
Tensions have been further exacerbated by COVID and the demand placed on ambulances that,
reportedly, have failed to respond to calls in a timely manner. The extent of the problem is debatable.
However, the OCFA Fire Chief took the problem into his own hands. In December 2021, the OCFA
Chief directed that all EMS responses be classified as Code 3 to speed up ambulance response times. A
14 Citygate Associates, Inc., Standards of Coverage Service Level Assessment OCFA, p. 8 (June 2020).
15 OCFA Comprehensive Annual Financial Report, FY ending June 30, 2021, p. 148.
16 Letter from OC Fire Chiefs Association to OCEMS, November 8, 2021.
17 OCEMS Temporary Suspension of Diversion and Actions to Reduce APOTs, Dece mber 29, 2021.
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Code 3 response requires lights and sirens.18 Code 3 responses have been shown to pose a significantly
greater danger to the public and emergency personnel.19 The Orange County Grand Jury is concerned
that this OCFA directive and the power struggles existing between the Fire Chiefs Association and
OCEMS may be viewed as self-serving rather than serving the best interests of the public.
Similar acrimony was evident when OCEMS received pointed criticism for taking a position on 2021
proposed legislation that was pending in Sacramento that directly affected OCEMS without conferring
with the OCFA or independent Fire Chiefs. While Orange County fire leadership is free to disagree with
the position taken by OCEMS, OCEMS had no obligation to consult with them prior to advocating for
itself in Sacramento.
There is consensus from both sides that the problems between these entities have escalated over the past
year; however, there have been some recent signs of better collaboration and communication.
COMMENDATIONS
• Fire department personnel for their professional service and steadfast concern for public
safety.
• All Emergency Medical Services personnel for their tireless efforts on behalf of Orange
County residents.
• Interviewees for their cooperation and time spent with the Orange County Grand Jury to
explore these issues.
• Special commendation to the City of Placentia for innovation in the face of concerted
opposition.
FINDINGS
F1 Despite fire departments throughout Orange County having evolved into emergency
medical departments, most have not updated their emergency response protocols
accordingly, but have simply absorbed emergency medical responses into their existing
fire response models.
18 Correspondence from OCFA to OC Public Health, cc: County Executive Officer, January 25, 2022.
19 Joint Statement on Lights & Siren Vehicle Operations on Emergency Medical Services (EMS) Responses
February 14, 2022.
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F2 Despite use of a tiered dispatch system, OCFA’s deployment of resources for medical
responses are the same for nearly all calls, resulting in unnecessary wear and tear on
expensive fire-fighting equipment and public infrastructure.
F3 ALS staffed ambulances or smaller squad vehicles are often the most appropriate
response to medical calls and do not compromise the quality of medical care.
F4 There has been a breakdown of communication and trust between OCEMS and Orange
County Fire Chiefs.
F5 Over-deployment of firefighters for medical calls contributes to the current climate of
forced hiring and firefighter fatigue.
F6 Code 3 response is over utilized by OCFA, unnecessarily putting the responders and
public at risk.
F7 Since the outbreak of the COVID pandemic, there has been an emergency medical
personnel shortage. The pandemic also has contributed to longer wait times at hospitals
resulting in firefighter personnel being out of service for longer periods.
F8 There are specific areas within Orange County, such as Laguna Woods and Seal Beach,
that have an extremely high percentage of medical calls which, under the current model,
results in the stations servicing those communities to require two engines.
F9 OCEMS has the authority and responsibility to inspect all for-profit ambulances
operating in Orange County; however, publicly owned ambulances are not automatically
subject to OCEMS oversight.
F10 Placentia’s changes to the emergency medical response protocols after leaving OCFA
have resulted in improved medical call response times.
RECOMMENDATIONS
R1 As recommended in the 2012 and 2014 OCFA Standards of Coverage and Deployment
Plans, as well as other studies, the Grand Jury recommends that, by 2024, all Orange
County fire agencies utilize criteria-based dispatch protocols and send a single unit
response to those incidents triaged as non-life-threatening (BLS). F1, F2, F5
R2 By 2024, OCFA should station a paramedic squad vehicle, which is more nimble and less
costly to operate, in place of a second engine in stations with high volumes of medical
calls. F8
R3 OCFA should immediately stop the practice of requesting Code 3 responses on all non-
life threatening (BLS) calls. F6
R4 While OCEMS should recognize how certain policy changes may pose operational
challenges to emergency responders in the field, fire leadership should recognize and
respect the independent oversight authority and expertise of OCEMS. F4
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R5 Departments with publicly owned ambulances should allow OCEMS to inspect their
ambulances for compliance with State EMS guidelines and adopt OCEMS
recommendations. F9
RESPONSES
California Penal Code Section 933 requires the governing body of any public agency which the
Grand Jury has reviewed, and about which it has issued a final report, to comment to the
Presiding Judge of the Superior Court on the findings and recommendations pertaining to matters
under the control of the governing body. Such comment shall be made no later than 90 days after
the Grand Jury publishes its report (filed with the Clerk of the Court). Additionally, in the case of
a report containing findings and recommendations pertaining to a department or agency headed
by an elected County official (e.g. District Attorney, Sheriff, etc.), such elected County official
shall comment on the findings and recommendations pertaining to the matters under that elected
official’s control within 60 days to the Presiding Judge with an information copy sent to the
Board of Supervisors.
Furthermore, California Penal Code Section 933.05 specifies the manner in which such
comment(s) are to be made as follows:
(a) As to each Grand Jury finding, the responding person or entity shall indicate one of the
following:
(1) The respondent agrees with the finding.
(2) The respondent disagrees wholly or partially with the finding; in which case the
response shall specify the portion of the finding that is disputed and shall include an
explanation of the reasons therefor.
(b) As to each Grand Jury recommendation, the responding person or entity shall report one of
the following actions:
(1) The recommendation has been implemented, with a summary regarding the
implemented action.
(2) The recommendation has not yet been implemented, but will be implemented in the
future, with a time frame for implementation.
(3) The recommendation requires further analysis, with an explanation and the scope and
parameters of an analysis or study, and a time frame for the matter to be prepared for
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discussion by the officer or head of the agency or department being investigated or
reviewed, including the governing body of the public agency when applicable. This
time frame shall not exceed six months from the date of publication of the Grand Jury
report.
(4) The recommendation will not be implemented because it is not warranted or is not
reasonable, with an explanation therefor.
(c) If a finding or recommendation of the Grand Jury addresses budgetary or personnel matters
of a county agency or department headed by an elected officer, both the agency or department
head and the Board of Supervisors shall respond if requested by the Grand Jury, but the response
of the Board of Supervisors shall address only those budgetary /or personnel matters over which
it has some decision-making authority. The response of the elected agency or department head
shall address all aspects of the findings or recommendations affecting his or her agency or
department.
Responses Required
Comments to the Presiding Judge of the Superior Court in compliance with Penal Code §933.05
are required from:
90 Day Response Required F1 F2 F3 F4 F5 F6 F7 F8 F9 F10
OCFA Board of Directors X X X X X X X X
90 Day Response Required R1 R2 R3 R4 R5
OCFA Board of Directors X X X X X
90 Day Response Required F1 F2 F3 F4 F5 F6 F7 F8 F9 F10
County of Orange Board of Supervisors X X X
90 Day Response Required R1 R2 R3 R4 R5
County of Orange Board of Supervisors X
90 Day Response Required F1 F2 F3 F4 F5 F6 F7 F8 F9 F10
City Councils of Cities of Anaheim,
Costa Mesa, Fountain Valley, Fullerton,
Huntington Beach, Laguna Beach,
Newport Beach, and Orange X X X X X
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90 Day Response Required R1 R2 R3 R4 R5
City Councils of Cities of Anaheim,
Costa Mesa, Fountain Valley, Fullerton,
Huntington Beach, Laguna Beach,
Newport Beach, and Orange X X X
90 Day Response Required F1 F2 F3 F4 F5 F6 F7 F8 F9 F10
City of Placentia City Council X X X X X X
90 Day Response Required R1 R2 R3 R4 R5
City of Placentia City Council X X X
Responses Requested
Comments to the Presiding Judge of the Superior Court in compliance with Penal
Code §933.05 are requested from:
60 Day Response Requested F1 F2 F3 F4 F5 F6 F7 F8 F9 F10
Fire Chiefs for Cities of Anaheim,
Costa Mesa, Fountain Valley, Fullerton,
Huntington Beach, Laguna Beach,
Newport Beach, and Orange X X X X X
60 Day Response Requested R1 R2 R3 R4 R5
Fire Chiefs for Cities of Anaheim,
Costa Mesa, Fountain Valley, Fullerton,
Huntington Beach, Laguna Beach,
Newport Beach, and Orange X X X
60 Day Response Requested F1 F2 F3 F4 F5 F6 F7 F8 F9 F10
City of Placentia Fire Chief X X X X X X
60 Day Response Requested R1 R2 R3 R4 R5
City of Placentia Fire Chief X X X
60 Day Response Requested F1 F2 F3 F4 F5 F6 F7 F8 F9 F10
OCEMS Director X X X
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60 Day Response Requested R1 R2 R3 R4 R5
OCEMS Director X
REFERENCES
2010-2011 Santa Clara County Civil Grand Jury Report, “Fighting Fire or Fighting Change?
Rethinking Fire Response Protocol and Consolidation Opportunities.”
2011-2012 Orange County Grand Jury Report, “Emergency Medical Response in Orange Co.:
Where Did All the Fires Go?”
Anaheim Fire & Rescue Strategic Plan 2013-2018.
Anaheim Fire & Rescue Strategic Plan 2015-2020.
Assembly Bill Nos. 389 and 450 (Oct. 10, 2021).
California Emergency Medical Services “Scope of Practice,” (November 2017).
California Policy Center, Ring, E., “Firefighting in Orange County – Part Three, Placentia’s
War for Independence” (July 1, 2020).
Citygate, Associates, Inc., Standards of Coverage Service Level Assessment OCFA (June 30,
2020).
City of Placentia Fire and Life Safety Department Inaugural Report FY 2020-21.
Correspondence between OCFA, OC Fire Chiefs, OCEMS, OC Health Care Agency and Orange
County Board of Supervisors September 2021-February 2022.
Emergency Services Consulting International, OCFA Standards of Coverage and Deployment
Plan (2014).
EMS Matters, The Code 3 Response: The Paramedic Perspective (Sept. 23, 2021).
Fire Rescue 1, McDonough, S., “Tucson Fire’s Three-tiered Approach to Manage Increasing
Call Volumes” (May 11, 2020).
Fullerton Observer, Council and Fire Dept. Clash Over Agreement with Placentia (June 24,
2020).
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Int’l. City/County Management Assoc., “Success Story: Manager Champions New EMS
Structure” (2021).
Joint Statement on Lights & Siren Vehicle Operations on Emergency Medical Services (EMS)
Responses February 14, 2022.
Journal of Emergency Medical Services, Wood, S., “Too Many Medics? Debating a Tiered
Response vs. All-ALS EMS System” (Apr. 16, 2019).
OC Register, Saavedra, T. and Licas, E.,“OCFA Firefighters Burned Out By Overtime” (Oct. 29,
2021).
OC Register, Robinson, A., Placentia Alleges Retaliation, ‘Unprofessional Behavior’ After Vote
to Quit OCFA (June 28, 2019
OCEMS Agency Policy #330.70.
OCEMS Temporary Suspension of Diversion and Actions to Reduce APOTs, December 29,
2021.
OCFA Board Meeting, May 26, 2020, comments by City Councilman Craig Green.
OCFA Comprehensive Financial Report for Fiscal Year Ending June 30, 2021.
OCFA Standards of Coverage and Deployment (2012).
The Reason Foundation, Stuart, A., “The Alliance Model for EMS Lacks Competition, Oversight
and Accountability” (Apr. 26, 2021)
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GLOSSARY
ALS Advanced Life Support
ALL HAZARD Emergencies, including but not limited to traffic collisions, hazardous
spills, cat rescues, natural disasters, house and car fires
BLS Basic Life Support
CBD Criteria-based dispatch
CODE 3 The use of sirens and lights on emergency vehicles
EMD Emergency Medical Dispatch
EMS Emergency Medical Service
EMT Emergency Medical Technician
EOA Exclusive Operation Area
LEMSA Local Emergency Services Agency – California’s EMS Act authorizes
each county to develop an EMS program and to designate a local EMS
agency (LEMSA) for local control of emergency medical services
METRO NET Joint Powers Authority agency that provides professional dispatch services
for fire and medical services
MOU Memorandum of Understanding
OCEMS Orange County Emergency Service-Certifies Ambulances, Paramedics
and EMTs
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OCFA Orange County Fire Authority
OCGJ Orange County Grand Jury
PAU Paramedic Assessment Unit
PM Paramedic
SEVERITY MODEL A ranking, either alpha or numerical, on how critical the medical
emergency.
TIERED Calls are categorized by severity
TURNOUT TIME The time from the dispatch call and change their status to responding
TURNOUT GEAR Fire Fighters personal protective gear
TYPE 1 ENGINE Designed for structural firefighting. It will typically include a pump that
operates at 1000 gpm, a 400 gal/tank, 1200 ft. 2 1/2″ hose, 400 ft. 1 1/2”
hose, 200 ft. 1″ hose, 20 + feet of ladder, a 500 gpm Master Stream, and
minimum staffing of four firefighters. Some cities utilize Type 1 fire
engines with only three firefighters due to budget or other staffing issues.
WALL TIME The time the Paramedic or fire fighter spends at the hospital after
delivering a patient
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Huntington Beach City Council Response
Finding #1:
Despite fire departments throughout Orange County having evolved into emergency
medical departments, most have not updated their emergency response protocols
accordingly, but have simply absorbed emergency medical responses into their existing
fire response models.
City Council’s Response: Disagree
The Huntington Beach Fire Department leadership has addressed this finding in its
response and the City Council agrees that the City of Huntington Beach has adapted
appropriately to the changing environment of the fire service. We are proud of the
accomplishments and the progressiveness of our fire department. The Fire Department
demonstrated adaptability during the COIVD-19 pandemic by taking on many new
challenges and they proved to be capable of far more than firefighting and EMS. The
talented and dedicated personnel of the HBFD have consistently progressed with the
evolving needs of this community.
Finding #3:
ALS staffed ambulances or smaller squad vehicles are often the most appropriate
response to medical calls and do not compromise the quality of medical care.
City Council’s Response: Disagree
The City Council supports the current service delivery model which meets the needs of our
dynamic community. As elected officials, we ensure that our department directors are
innovative and display fiscal stewardship in their respective disciplines.
Finding #4:
There has been a breakdown of communication and trust between OCEMS and Orange
County Fire Chiefs.
City Council’s Response: Agree
The City Council has always been pleased with the way our Fire Department has
collaborated with local stakeholders, partner agencies, the community at-large, and
regulatory agencies in the protection of our community. Historically, our Fire Department has
placed a strong emphasis on maintaining relationships which includes OCEMS, even in the
midst of regional challenges.
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Huntington Beach City Council Response
Finding #5:
Over-deployment of firefighters for medical calls contributes to the current climate of
forced hiring and firefighter fatigue.
City Council’s Response: Disagree
The Huntington Beach Fire Department is appropriately managed and staffed. The Fire
Chief has been diligent in working with labor groups to address staffing and deployment to
ensure the best service is delivered to residents and visitors to the city.
Finding #9:
OCEMS has the authority and responsibility to inspect all for-profit ambulances
operating in Orange County; however, publicly-owned ambulances are not automatically
subject to OCEMS oversight.
City Council’s Response: Agree
The City Council sees no reason to invite a regulatory inspection process that we are not
subject to and has already been deemed unnecessary by OCEMS.
Recommendation #1:
As recommended in the 2012 and 2014 OCFA Standards of Coverage and Deployment
Plans, as well as other studies, the Grand Jury recommends that, by 2024, all Orange
County fire agencies utilize criteria-based dispatch protocols and send a single unit
response to those incidents triaged as non-life-threatening (BLS). Fl, F2, F5
City Council’s Response: Recommendation will not be implemented
This recommendation will not be implemented because it is not warranted. Explanation is
provided in the Fire Chief’s response.
Fire Chief’s Response: Recommendation will not be implemented
This recommendation will not be implemented because it is not warranted. The Huntington
Beach Fire Department has a recent independent third-party Standards of Cover (SOC)
report by Citygate Associates that indicates our current deployment model is excellent and a
standard for the fire service. The City of Huntington Beach has full authority to determine the
level of service to provide its community. The Huntington Beach Fire Department will
continue to work under the direction of the City Council to determine the most effective, cost
efficient and appropriate way to deliver EMS in our jurisdiction.
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3 of 3
Huntington Beach City Council Response
Recommendation #4:
While OCEMS should recognize how certain policy changes may pose operational
challenges to emergency responders in the field, fire leadership should recognize and
respect the independent oversight authority and expertise of OCEMS. F4
City Council’s Response: Recommendation has been implemented
This recommendation has been implemented. Explanation is provided in the Fire Chief’s
response.
Fire Chief’s Response: Recommendation has been implemented
This recommendation is already a standard practice. The Huntington Beach Fire
Department acknowledges and appreciates the expertise and fully recognizes the medical
oversight of OCEMS in accordance with the laws of the State of California and the duly
established regulations of the California Emergency Medical Services Authority. We will
continue to operate under the medical direction of OCEMS and will continue to respect and
collaborate with this agency as a regulatory partner in EMS.
Recommendation #5:
Departments with publicly owned ambulances should allow OCEMS to inspect their
ambulances for compliance with State EMS guidelines and adopt OCEMS
recommendations. F9
City Council’s Response: Recommendation will not be implemented
This recommendation will not be implemented because it is not warranted. Explanation is
provided in the fire chief’s response.
Fire Chief’s Response: Recommendation will not be implemented
This recommendation will not be implemented because it is not warranted. The Huntington
Beach Fire Department has never disallowed OCEMS to inspect our ambulances but we did
come to a mutual determination that these inspections were unnecessary because the
existing internal policies and standards of the HBFD far exceeded the OCEMS criteria in the
inspection process. Should OCEMS change their prior position and express a desire to
inspect our ambulances, we would give the request full consideration and work with OCEMS
to determine if reinstating the process would be helpful and fiscally responsible.
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RESPONSE TO GRAND JURY FINDINGS AND RECOMMENDATIONS - FIRE CHIEF
Huntington Beach Fire Chief Response
Finding #1:
Despite fire departments throughout Orange County having evolved into emergency
medical departments, most have not updated their emergency response protocols
accordingly, but have simply absorbed emergency medical responses into their existing
fire response models.
Fire Chief’s Response: Disagree
Since the initial implementation of EMS in the early 1970’s the Huntington Beach Fire
Department has updated emergency response protocols to adapt to the evolving EMS
needs of our community and advances in technology in order to always provide the highest
quality emergency medical services within the boundaries of policy and budgetary decisions
of the City Council. Current customer satisfaction surveys sent to patients who are treated
and transported by the Huntington Beach Fire Department show that 98.7 % of patients feel
that the quality of medical care met or exceeded expectations.
Finding #3:
ALS staffed ambulances or smaller squad vehicles are often the most appropriate
response to medical calls and do not compromise the quality of medical care.
Fire Chief’s Response: Disagree
The Huntington Beach Fire Department uses ALS equipped emergency transport units
(ambulances) for transporting patients. These units are equipped with the required ALS
equipment and supplies but staffed with non-firefighter BLS personnel. This model keeps
costs down and maintains the availability of ALS resources while BLS patients are being
transported. It is also considered an industry best practice.
Not all patients transported within the City of Huntington Beach require paramedic escort
and the current deployment model maintains ALS unit availability even when there are
numerous ETs transporting BLS patients or waiting at the hospital for an available bed.
Supported by our CAD data, a paramedic engine company can run a medical aid and be
available again for the next call often within 20 minutes while the emergency transport will
usually be committed to that call for over an hour. Committing the ALS resource to a BLS
transport would triple the time the ALS resource is unavailable for another call.
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RESPONSE TO GRAND JURY FINDINGS AND RECOMMENDATIONS - FIRE CHIEF
Huntington Beach Fire Chief Response
Finding #4:
There has been a breakdown of communication and trust between OCEMS and Orange
County Fire Chiefs.
Fire Chief’s Response: Agree
The Huntington Beach Fire Department has enjoyed a collaborative and professional
relationship with OCEMS for many years. The HBFD has worked in conjunction with
OCEMS on many different EMS projects which has brought new treatments and protocols to
Orange County. These collaborations have ultimately enhanced emergency medical
services and helped save lives.
In 2009, the HBFD collaborated with OCEMS to allow a new cardiac procedure called
“transcutaneous pacing” which allowed firefighter/paramedics to treat patients with
dangerously low heart rates with electrical therapy to keep the patient alive during transport
to an emergency room.
In 2014, the HBFD again collaborated with OCEMS to design the first 12 lead transmission
program. This allowed HBFD firefighter/paramedics to electronically transmit 12 lead EKGs
of suspected heart attack patients directly to base hospital physicians and receiving
cardiologists. This significantly reduced the treatment time of serious heart attack patients
and has saved countless lives in Orange County. This partnership extended not only with
OCEMS, but our local cardiac receiving centers as well. The HBFD has been recognized by
the American Heart Association numerous times for this endeavor.
In 2018, the HBFD proposed a “Pit Crew CPR” trial to Dr. Schultz and the OCEMS clinical
staff that was very successful in increasing cardiac arrest survival rates and has since
become the County-wide protocol for managing cardiac arrests. Dr. Sam Stratton was the
OCEMS medical director prior to Dr. Carl Schultz and he has served in a volunteer capacity
as a medical advisor to the Huntington Beach Fire Department since 2020 and has been an
asset to our organization.
Broadly speaking, there has been some difficulty between fire agencies and OCEMS
primarily due to policy or protocol changes made by OCEMS that lacked desired
coordination and/or communication. In some cases, one or more changes were made when
OCEMS chose not to engage the EMS advisory subcommittee and in numerous cases,
changes were made that did not follow OCEMS Policy 310.80, which delineates when
updates will be posted and take effect.
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RESPONSE TO GRAND JURY FINDINGS AND RECOMMENDATIONS - FIRE CHIEF
Huntington Beach Fire Chief Response
Finding #5:
Over-deployment of firefighters for medical calls contributes to the current climate of
forced hiring and firefighter fatigue.
Fire Chief’s Response: Disagree
The Huntington Beach Fire Department has been continually adapting our staffing policies in
order to collaboratively work with the labor groups to ensure proper service delivery while
preserving job satisfaction and limiting firefighter fatigue. With transport units staffed by non-
firefighters, there is no perceived over-deployment of firefighters for medical calls in the City
of Huntington Beach.
Current staffing challenges are not necessarily a result of over-deployment of Firefighters on
medical aid calls. A recent independent third–party standards of cover (SOC) report by
Citygate Associates indicates that our unit hour utilization is appropriate to avoid firefighter
fatigue.
Finding #9:
OCEMS has the authority and responsibility to inspect all for-profit ambulances
operating in Orange County; however, publicly-owned ambulances are not automatically
subject to OCEMS oversight.
Fire Chief’s Response: Agree
This is true. OCEMS does not have authority to require inspection of publicly-owned
ambulances. The Huntington Beach Fire Department cooperated with OCEMS and
participated in annual ambulance inspections from 1993 through approximately 2007. In the
final few inspections, HBFD staff was advised by Patrick Powers, then BLS Coordinator at
OCEMS, the inspections were not required and were not of much use since our ambulances
were outfitted far beyond the requirements of OCEMS. We responded to Mr. Powers’ offer
and discontinued the inspections and have continued to stock and maintain our emergency
transport units in excess of OCEMS requirements. OCEMS has not requested to re-institute
ambulance inspections since that time.
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RESPONSE TO GRAND JURY FINDINGS AND RECOMMENDATIONS - FIRE CHIEF
Huntington Beach Fire Chief Response
Recommendation #1:
As recommended in the 2012 and 2014 OCFA Standards of Coverage and Deployment
Plans, as well as other studies, the Grand Jury recommends that, by 2024, all Orange
County fire agencies utilize criteria-based dispatch protocols and send a single unit
response to those incidents triaged as non-life-threatening (BLS). Fl, F2, F5
Fire Chief’s Response: Recommendation will not be implemented
This recommendation will not be implemented because it is not warranted. The Huntington
Beach Fire Department has a recent independent third-party Standards of Cover (SOC)
report by Citygate Associates that indicates our current deployment model is excellent and a
standard for the fire service. The City of Huntington Beach has full authority to determine the
level of service to provide its community. The Huntington Beach Fire Department will
continue to work under the direction of the City Council to determine the most effective, cost
efficient and appropriate way to deliver EMS in our jurisdiction.
Recommendation #4:
While OCEMS should recognize how certain policy changes may pose operational
challenges to emergency responders in the field, fire leadership should recognize and
respect the independent oversight authority and expertise of OCEMS. F4
Fire Chief’s Response: Recommendation has been implemented
This recommendation is already a standard practice. The Huntington Beach Fire
Department acknowledges and appreciates the expertise and fully recognizes the medical
oversight of OCEMS in accordance with the laws of the State of California and the duly
established regulations of the California Emergency Medical Services Authority. We will
continue to operate under the medical direction of OCEMS and will continue to respect and
collaborate with this agency as a regulatory partner in EMS.
Recommendation #5:
Departments with publicly owned ambulances should allow OCEMS to inspect their
ambulances for compliance with State EMS guidelines and adopt OCEMS
recommendations. F9
Fire Chief’s Response: Recommendation will not be implemented
This recommendation will not be implemented because it is not warranted. The Huntington
Beach Fire Department has never disallowed OCEMS to inspect our ambulances, but we
did come to a mutual determination that these inspections were unnecessary because the
existing internal policies and standards of the HBFD far exceeded the OCEMS criteria in the
inspection process. Should OCEMS change their prior position and express a desire to
inspect our ambulances, we would give the request full consideration and work with them to
determine if reinstating the process would be helpful and fiscally responsible.
329
CITY OF HUNTINGTON BEACH
2000 Main Street Phone: (714) 536 -5 553
California 92648 www.huntingtonbeachca.gov
September 6, 2022
The Honorable Erick L. Larsh
Presiding Judge
Orange County Superior Court
700 Civic Center Drive West
Santa Ana, CA 92701
RE: HUNTINGTON BEACH RESPONSE TO GRAND JURY REPORT
Honorable Erick L. Larsh,
The Huntington Beach Fire Department has reviewed the Grand Jury report titled “Where’s
the Fire? Stop Sending Fire Trucks to Medical Calls”. The report has been reviewed with our
City leadership as well as our elected body. Below please find our formal response to the
inquiries presented by the Grand Jury.
Responding to 911 calls to transport patients to the hospital is no longer the sum of our
Emergency Medical Services (EMS) delivery in the City of Huntington Beach. Today,
proactive efforts toward community risk reduction, attention to the underserved subsets of our
community and an increasing demand for behavioral/mental health services are a necessary
component of EMS.
Thank you for the opportunity to provide a response and look forward to any further
communication we may have.
Sincerely,
Barbara Delgleize
Mayor
cc: City Council
City Manager
Fire Chief
330
City of Huntington Beach
2000 Main Street,
Huntington Beach, CA
92648
File #:22-722 MEETING DATE:9/6/2022
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Al Zelinka, City Manager
VIA:Travis K. Hopkins, Assistant City Manager
PREPARED BY:Shannon Levin, Council Policy Analyst
Subject:
Approve the City’s Responses to the Orange County Grand Jury Report: “Orange County Power
Authority: Come Clean”
Statement of Issue:
In June 2022, the Orange County Grand Jury (OCGJ) released its report,Orange County Power
Authority: Come Clean,which contains an assessment of the Authority’s current operations and
communications with the public (attachment 1). While the OCGJ endorsed Orange County Power
Authority’s (OCPA) mission to serve as an alternative power provider that offers higher levels of
renewable energy to customers, the OCGJ produced four recommended actions to improve OCPA’s
operations and transparency, one of which the City of Huntington Beach is requested to respond.
Financial Impact:
Not applicable.
Recommended Action:
A) Receive and file the City’s initial response concurring with OCGJ’s Recommendation No. 4 in
“Orange County Power Authority: Come Clean.”
B) Approve the City’s follow up response to the OCGJ, directing the City Council’s OCPA Board
Representative to request an action item from the OCPA, per the Grand Jury Report, to hire a
qualified clerk to manage agendas and minutes for the OCPA Board and OCPA Community Advisory
Committee; authorize the Mayor to sign and submit the letter to the Honorable Erick L. Larsh,
Presiding Judge of the Superior Court of Orange County.
Alternative Action(s):
Do not approve one or more recommended actions, and direct staff accordingly.
Analysis:
In 2021-2022, the OCGJ prepared the report,Orange County Power Authority: Come Clean,which
City of Huntington Beach Printed on 8/31/2022Page 1 of 2
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File #:22-722 MEETING DATE:9/6/2022
evaluates OCPA’s current operations and communications with the public. Among their findings, the
OCGJ determined that OCPA meetings and operations require more transparency and adherence to
public meeting protocol.
The OCGJ’s report offers several recommendations for these findings, of which the City of
Huntington Beach is required to submit a response to Recommendation No. 4 that states the OCPA
should utilize a member agency clerk or a qualified OCPA staff member to handle agendas and
minutes for the OCPA Board and Community Advisory Committee. This recommendation may ensure
that meetings will be prepared and posted in a timely, transparent, and consistent manner.
The City submitted an initial response in June 2022 that concurs with Recommendation No. 4
(attachment 2). The OCGJ returned a response in August 2022, requesting specific steps the City
may take to ensure the Recommendation is implemented (attachment 3).
To that end, the City has drafted a follow up response for City Council consideration, stating that the
City Council will direct its OCPA Board Representative to request an action item of the OCPA, per the
OCGJ report, to hire a qualified clerk to manage agendas, minutes, and postings (attachment 4). If
approved, staff will prepare the letter for the Mayor’s signature and submit it to the Honorable Erick L.
Larsh, Presiding Judge of the Superior Court of Orange County to satisfy the requirements of this
Grand Jury report.
On August 26, OCPA sent a letter to the city exploring outsourcing the OCPA Board Clerk duties to
one of the member jurisdictions. The letter provided duties, estimated time needed, and
requirements. Due to the regular City Council agenda responsibilities and the current staffing levels
the Huntington Beach City Clerk’s Office is unable to absorb the additional OCPA responsibilities.
Environmental Status:
Not applicable.
Strategic Plan Goal:
Non Applicable - Administrative Item
Attachment(s):
1. Orange County Grand Jury Report:Orange County Power Authority: Come Clean (June 2022)
2. City’s Initial Response to Grand Jury Report (June 2022)
3. Grand Jury’s Response to City (August 2022)
4. City’s Draft Follow Up Response to Grand Jury Report (September 2022)
5. OCPA Board Clerk Inquiry
City of Huntington Beach Printed on 8/31/2022Page 2 of 2
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Orange County Power Authority:
Come Clean
GRAND JURY 2021-2022
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Table of Contents
SUMMARY ................................................................................................................................... 3
BACKGROUND ........................................................................................................................... 4
Joint Power CCE’s in Southern California ............................................................................ 4
Roots of the Orange County Power Authority ....................................................................... 5
REASON FOR THE STUDY ...................................................................................................... 6
METHOD OF STUDY ................................................................................................................. 6
INVESTIGATION AND ANALYSIS ......................................................................................... 6
Rocky Start for OCPA .............................................................................................................. 6
Financial Risks and Oversight Concerns ................................................................................ 8
The Importance of Transparency .......................................................................................... 10
Insufficient Notices, Opting Out and Hiding Rate Increases ................................................ 12
OCPA’S Contradictory Messaging About the Effect of Opting Out ..................................... 13
Public Information Not Reaching Board Members or the Public ......................................... 14
Underutilizing the Community Advisory Committee .......................................................... 16
FINDINGS ................................................................................................................................... 18
RECOMMENDATIONS ............................................................................................................ 19
RESPONSES ............................................................................................................................... 19
REFERENCES ............................................................................................................................ 21
GLOSSARY................................................................................................................................. 23
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SUMMARY
With start-up funding from the City of Irvine, the Orange County Power Authority (OCPA) was
formed to provide customers with an alternative power provider that offers higher levels of
‘cleaner’ or ‘greener’ electric power than default levels offered by current providers, Southern
California Edison (SCE) and San Diego Gas and Electric (SDGE). OCPA has just begun serving
commercial customers and will add residential customers in its member communities which
currently consist of Irvine, Huntington Beach, Fullerton, Buena Park, and all unincorporated
areas of Orange County.
The Orange County Grand Jury (OCGJ) endorses OCPA’s mission and wants to see it flourish.
The citizens of Orange County deserve and will benefit from sustainable energy. However, no
matter the mission of a public agency, the ability to see how that agency operates and utilizes
public funds is of paramount importance. The OCGJ began its investigation into OCPA in
response to significant public discussion and criticism regarding OCPA’s formation and
activities, some of which came from the very individuals who had ardently supported green
energy, community choice energy feasibility studies, and the inception of OCPA.
Since the OCGJ initiated its investigation in 2021, OCPA has made significant improvements in
terms of transparency. Specifically, beginning in February 2022, more information can be found
on the OCPA website, and OCPA Board of Directors (Board) meeting minutes and videos,
which had been removed from the site, were restored. In addition, the Community Advisory
Committee meeting videos appeared for the first time. While the OCGJ applauds these
improvements, certain critical changes have not taken place. As of early April 2022, past the start
date for commercial customers, neither the OCPA notices that were required to be mailed to
customers, nor the OCPA website, contained any direct mention of the increased charges that
would be incurred due to the default ‘green energy’ tiers selected by member cities for their
businesses and residents. OCPA continues to be reluctant to share information requested by the
OCGJ, the public, and OCPA member cities.
In recognition of the fact that OCPA manages a very large budget and commits to long-term
power contracts worth hundreds of millions of dollars, the OCGJ is particularly concerned that
OCPA is operating without in-house leadership with sufficient expertise to oversee the very
complex decisions involved in energy planning and transactions.
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BACKGROUND
The concept of Community Choice Aggregation (CCA) was developed to provide a higher level
of ‘green energy’ and support the reduction of greenhouse gases. Instead of carbon-based energy,
as an energy purchasing agency, a CCA can selectively purchase power from organizations that
provide higher percentages of ‘green power’ than currently mandated in many states, albeit
sometimes at a higher price per kilowatt hour (kWh) than ‘baseline’ energy with carbon-based
components.
CCA, interchangeably known as Community Choice Energy (CCE), was enabled in California in
2002 by AB117, which authorizes government entities (such as cities or joint powers authorities)
to purchase and/or generate electricity for residents, businesses, and municipal facilities. The
CCE becomes the energy provider in place of a privately held Investor-Owned Utility (IOU)
such as Southern California Edison or San Diego Gas and Electric. Interestingly, the IOU is still
required to provide the distribution system, meter reading, and billing services to the CCE.
Energy generation charges are separately itemized on the customer’s bill. CCEs are subject to
California Public Utilities Commission (CPUC) regulations and oversight, even though the CCE
is a government entity.
CCEs are required by the CPUC to meet the same energy requirements as IOUs in terms of
power quality, power reliability, and resource adequacy (i.e., they must maintain access to 115
percent of maximum expected load). Since most CCEs do not generate electricity, they rely upon
the open energy market to purchase power. Power purchases must be made well in advance of
need to avoid last minute, on-the-spot purchases (spot market) that are typically extraordinarily
expensive and can rapidly deplete CCE cash reserves. The energy market is extremely complex
and requires detailed knowledge of its rules and subtleties. Most start-up CCEs have experienced
Chief Executive Officers and initially hire contractors to schedule and purchase power until the
CCE is able to employ qualified staff with the knowledge and experience to meet the CPUC’s
strict requirements.
Joint Power CCE’s in Southern California
Formation of California CCEs began in 2010. By year-end 2021, 23 California CCEs were in
operation serving 11 million customers.1 Many of the first CCEs in California started in Northern
California and have been able to offer their customers financial savings in the purchase of
1 CalCCA, a CCE advocacy group; https://cal-cca.org.
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energy. CalCCA has reported that CCE customers collectively saved about $90 million on
energy bills in 2018 compared to IOU counterparts.2
One CCE, Western Community Energy (WCE), filed for Chapter 9 bankruptcy in June 2021,
approximately one year after its launch of service. At the time of its bankruptcy, WCE served
113,000 customers in six cities within Riverside County and had accumulated debt of $100
million with less than $50 million in available assets. A combination of an unexpectedly high
level of customer defaults (blamed on COVID) and an extreme heat wave in August 2020 are the
reasons attributed to the bankruptcy.
Roots of the Orange County Power Authority
Starting in 2018, the Cities of Huntington Beach and Irvine began conducting feasibility studies
related to CCEs and their potential benefits. While Huntington Beach deferred further action, the
City of Irvine continued with additional research. Based on the results of its feasibility study,
around July 2020, Irvine moved forward by contracting with a team from the law firm of Best
Best & Krieger (BBK). OCPA was formed pursuant to a Joint Powers Agreement (JPA) in
November 2020. Five member cities signed onto the JPA: Irvine, Huntington Beach, Buena
Park, Fullerton, and Lake Forest. Lake Forest later dropped out of membership. A number of
other cities were approached and declined to join, deciding to “wait and see.”
Initially, the City of Irvine committed $250,000 in formation costs. It pledged another $2.5
million for start-up costs, along with $5 million in “launch costs” and/or collateral for the loan
OCPA would need to secure in order to purchase power needed initially.3 To date, Irvine has
invested some $7.5 million, which will be repaid beginning in 2027 assuming the CCE remains
viable.4 Other member cities do not bear any such liability risk.
In December 2020, the newly formed OCPA began to hold Board of Director meetings. The
Board consisted of one delegate from each of the member cities and two delegates from the City
of Irvine. In November 2021, the Orange County Board of Supervisors voted to join OCPA on
behalf of all unincorporated areas within Orange County, which added a County Supervisor to
the OCPA Board.
In April 2022, OCPA began providing power to commercial customers in Irvine, Huntington
Beach, Buena Park, and Fullerton. OCPA plans to begin providing power for residential
2 Ibid.
3 OCPA Joint Powers Agreement, page 20.
4 Ibid., pages 20-21, and Exhibit A.
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customers in these cities in October 2022. It is expected that Orange County unincorporated
areas will start receiving power from OCPA in 2023.
REASON FOR THE STUDY
In Orange County, ardent supporters of CCEs began voicing criticisms and concerns about
OCPA due to their lack of confidence in its leadership and a general lack of transparency in its
operation. Various news articles, including reports that advocates of CCEs were advising cities
not to join OCPA, prompted the OCGJ to investigate further.5
METHOD OF STUDY
• Interviews with OCPA Board members, OCPA staff, OCPA contractors, city council
members, city managers, Community Advisory Committee (CAC) members, and
members of the community.
• Review of state and local laws and regulations.
• Review of OCPA member websites, staff reports, agendas, and meeting recordings.
• Review of California Public Utilities Commission websites, rules, and regulations.
• Review of OCPA’s website, contracts, proposals, written communications, financial
records, reports, and OCPA Board meeting videos, agendas, and minutes.
• Website information for other CCEs in California and news articles.
INVESTIGATION AND ANALYSIS
Rocky Start for OCPA
Government agencies at all levels typically follow a strict set of rules related to filling open staff
positions. These frequently include the use of recruiting firms for senior positions. For example,
County executive job descriptions normally include the requirement of an advanced degree or
significant managerial experience in the relevant field. According to OCPA’s published
implementation plan dated December 28, 2020, three months were allocated to find and hire an
5 See, e.g., Voice of OC, “Laguna Beach to Study Leaving Edison for Renewable Energy ,” July 14, 2021; Voice of
OC, “OC Power Authority to Rewrite Conflict of Interest Code Without Fixing Transparency Concerns,” Aug. 2,
2021; Irvine Watchdog, “Orange County Power Authority Unable to Properly Manage Basic Duties,” Oct. 12,
2021.
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Executive Director.6 OCPA Board members were sworn in immediately before the inaugural
Board meeting on December 16, 2020. During that meeting, the Board appointed an attorney
from BBK as part-time General Counsel to OCPA.7 The newly appointed General Counsel
presented the Board with a job description and a single candidate each for the positions of Chief
Executive Officer (CEO) and Chief Operating Officer (COO).
Inexplicably, the position descriptions for COO and CEO were not made publicly available prior
to the hiring decision. The job descriptions also lacked any requirement for prior education,
experience, knowledge of the electrical utility or energy industries, or CCEs. Recruiting efforts
were minimal at best, despite these public positions being highly demanding and very well
compensated. This is not consistent with best practices. The positions require the public’s trust
and, preferably, prior familiarity with CCEs. With no other candidates to consider, the Board
voted to approve hiring of the CEO and COO on January 12, 2021. The CEO began working
immediately, while the COO began employment in March. A Chief Financial Officer (CFO) was
hired about nine months later in October 2021.
The COO had a strong and extensive background in the clean energy field and municipal
participation in that field,. Despite her job description, the COO was not given a role in the process
of vetting, retaining, or working with outside contractors critical to OCPA’s operations. The COO
resigned from OCPA on December 3, 2021, after less than a year of service. In the meantime, the
CEO, who had virtually no employment experience with CCEs or energy purchase and trading prior
to joining OCPA, was left in charge with a $34 million budget, significant signing authority, little
meaningful oversight, and no OCPA governing bylaws. The CEO’s duties are determined by the
Board.8 However, after the COO resigned, Board members and the CEO maintained conflicting
opinions about whether a replacement should be hired, who had the authority to make that decision,
and who would interview and hire the replacement.9 With so much authority bestowed on the CEO,
the OCGJ is concerned about what it found to be a continuing pattern of failing to follow best hiring
practices.
6 EES Consulting, Inc., CCE Feasibility Study and Technical Assessment, January 16, 2020, Appendix A;.OCPA
Community Choice Aggregation Implementation Plan and Statement of Intent, December 28, 2020, refers to an
“interim” Executive Director having been appointed on December 16, 2020., which is the date of the inaugural
OCPA Board Meeting. There is no mention of any such interim appointment in those or any other OCPA Board
meeting minutes.
7 The General Counsel also serves other clients, including as General Counsel to other CCEs such as San Diego
Community Power, Desert Community Energy, and Butte Choice Energy Authority.
8 OCPA Joint Powers Agreement, Section 3.12, November 20, 2020.
9 As of the date of this Report, the COO had not been replaced.
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Financial Risks and Oversight Concerns
Newly formed CCEs enjoy an initial advantage because their commercial and residential
customers are automatically enrolled in their programs. OCPA is in a particularly good position
because three of their four member cities chose the 100 percent tier level, which is the most
financially beneficial for OCPA and its member cities. However, power purchase agreements
may be negotiated as much as twenty years in advance. If its customer opt-out rate increases, a
CCE may be holding power contracts that have to be sold quickly on the spot market, which
could result in unanticipated profits or losses. Therefore, good decisions need to be made early;
long-term stability depends on carrying out the best strategic plan possible in a very volatile
market.
As an illustration of the volatility of the energy market, a 2022 study by LevelTen Energy found
that “a shortage of new renewable projects available to interested buyers has caused prices for
power purchase agreements to rise 9.7 percent since the beginning of 2022, and 28.5 percent
since the beginning of 2021.” 10 Therefore, it is not surprising that the OCPA mid-year budget
reported an increase of projected energy costs to be “$14.2 million higher than expected due to
higher market prices” and the member city tier level choices.11
OCPA has been faced with purchasing short and long-term energy contracts at a time when rates
are historically high. OCPA has reportedly committed over $500 million dollars towards power
deliveries through its contractor, Pacific Energy Advisors (“PEA”). PEA purchases power on
behalf of a number of CCEs throughout the state. Due to the complexity and potential liability
associated with these purchases, having experienced in-house positions or traders that oversee
their short and long-term strategy and contracts is critical. This has not happened at OCPA.
OCPA Board members and staff have purportedly been in search of a Director of Power
Purchases since OCPA’s inception, but no one has been hired to fill that position. The OCGJ is
concerned that the CEO and Board members provided not only different opinions about whether
the position would be filled, but also who has the power to make that hiring decision.
With respect to the CEO position, other California CCE’s have employed leaders with years of
experience in the energy industry, as illustrated in the following comparison chart:
10 Utility Drive, Penrod, E., PPA Prices Rise 28.5 percent as Supply and Regulatory Challenges Pile Up, April 13,
2022.
11 OCPA Fiscal Year 2021-2022 Mid-Year Operating Budget Amendment (Staff Report Item 5.2, March 1, 2022).
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*At time of hire.
At OCPA, the CEO has nearly unchecked authority over an annual budget exceeding $34
million, power purchasing decisions, and the selection and oversight of all contractors. This is no
small matter. Requests seeking the amount that had been committed to power contracts went
unanswered until April 2022, when it was disclosed in a public meeting that the figure was “in
excess of a half a billion dollars.”12
In addition to the CEO’s responsibility for implementing OCPA’s overall vision, this agency,
which relies almost exclusively on contractors, must also have personnel with the appropriate
technical knowledge and experience to provide meaningful oversight of those contractors.
Contractors have been given the responsibility for power purchases, data analysis and
management, marketing and communications, management consulting, public relations,
customer service, legal services, and industry lobbying. This reliance on contractors comes at a
significant cost to OCPA.13
12 April 5, 2022, OCPA Board Meeting.
13 OCPA Fiscal Year 2021-2022 Mid-Year Operating Budget Amendment (Staff Report Item 5.2, March 1, 2022).
0.0
5.0
10.0
15.0
20.0
25.0
30.0
35.0
40.0
Chief Executive Years of Industry Experience*
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OCPA cannot claim it has effective oversight of its contractors with a CEO who had no prior
relevant energy industry experience, no COO, no Director of Power Purchases, and no other
senior level employee with the appropriate expertise for hands-on oversight.
As a safeguard to this and other potential risks, and as a standard practice for CCEs, OCPA
adopted Policy No. 9, the Energy Risk Management Policy. Section 7.2 of that policy requires
that the Board establish a Risk Oversight Committee (ROC) prior to the commencement of retail
electric service. Among other duties, the ROC is charged with reviewing trading transactions and
supply contracts and reporting their findings to the Board regarding OCPA’s adherence to risk
management policies. Once again, the CEO is provided exclusive powers when it comes to
oversight. The CEO is charged with selecting the ROC members and scheduling those meetings,
which are to take place at least quarterly. To date, after over half a billion dollars has been
committed to power purchases and commercial service has begun, there is no public record that
the ROC has been formed.
At OCPA’s inception, concerns were raised about the aggressive timeline in place to start service
relative to other CCE start-ups. With only fifteen operational months before the commercial
service date of April 1, 2022, the pressure was on to meet the CPUC resource adequacy power
purchase requirements without overpaying. As it turns out, in November 2021, OCPA sent a
request to the CPUC requesting a waiver of the 2022 year-ahead local resource adequacy
requirements. On January 22, 2022, the CPUC granted the waiver based on OCPA’s reasonable
and good faith efforts to contract for the required amounts.
However, during the May 3, 2022, OCPA Board Meeting, the Board went into closed session to
discuss the CPUC’s assessment of a Resource Adequacy (RA) fine. According to the CPUC
website, OCPA has been assessed an RA fine of $1,962,845. The OCPA Board has appealed this
fine. It should be noted, however, that according to the CPUC listing, out of the 117 RA fines
that have been imposed since 2009, only one appeal resulted in a dismissal while two others
resulted in a fine adjustment. Including OCPA, only six of the 117 fines listed exceeded $1.5
million, one of which was Riverside-based Western Community, the CCE that went into
bankruptcy. The legal costs and time that will be required to address this fine is unknown. It is
incumbent upon the Board to determine the root cause of this problem and take steps to avoid
similar issues in the future.
The Importance of Transparency
CCEs are public agencies subject to the Brown Act and the Public Records Act. Board meetings
are open to the public. CCEs produce financial reports on an annual basis subject to third-party
audit.
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Transparency, particularly financial transparency, helps keep corruption in check, bolsters public
confidence in government, and promotes fiscal responsibility. In the case of OCPA, a hint to the
attitude of the CEO and OCPA Board Chair is reflected by the Chairman’s comment in the
December 21, 2021, special meeting of the Board when the Chair stated, “We’re not a typical
agency; this is about as private as a public agency can get.”14 OCPA is not a private agency.
According to the California Public Utilities Commission (CPUC) website:
The Public Records Act broadly defines "public records" to include written and
recorded records, unless the Public Records Act or other law exempts the records
from disclosure. Pursuant to Government Code section 6252(e), public records
“includes any writing containing information relating to the conduct of the
public’s business prepared, owned, used, or retained by any state or local agency
regardless of physical form or characteristics.” . . . The Public Records Act
provides for public access to records the CPUC generates, as well as records
created by others that the CPUC has in its possession.
While there is a long list of exceptions to public disclosure in the Public Records Act, none of
those exceptions broadly applies to public agency budgets, financial statements, or audits.
Until at least March 2022, after more than a year in operation and unlike other CCE’s, OCPA did
not have budgets, financial statements, or rate comparisons published on its website. OCPA was
reticent in providing this information when it was requested, and this documentation only
appeared on the OCPA website after the OCGJ investigation and interviews were underway.
Even as of April 2022, the website failed to clearly state the rate differences that would be
imposed upon commercial and residential customers and made no direct mention of the increases
customers would be paying based on their automatic opt-in to the program.
In addition, as of June 2022, no governing bylaws have been adopted. Such bylaws can be
important in establishing internal procedures, such as approval processes, and clarifying what has
not been spelled out in the formation documents. For example, the JPA’s provision describing a
Board member’s term of office can, and has been, interpreted in two ways by different Board
members and OCPA. Each city is assigned a sitting council member to represent it on the Board
14 December 21, 2021, Special Meeting of the OCPA Board, at 1:15 -1:20. The Chairman is responding to a public
speaker who objected to the benefits package offered to senior OCPA staff members. The speaker noted that each of
the employee benefits (high salary, 300 hours of annual paid time off, monthly car allowance of $500, retirement
contributions, etc.) seemed out of scale to what public employees normally earn, even if it is a hybrid public agency.
Not surprisingly, the Minutes of this Board Meeting reported only that the speaker “compared the proposed benefits
with those of the Department of Homeland Security.” This summary is misleading in that it seems to suggest that
OCPA benefits offered are comparable when, in fact, the speaker stated that the highest Homeland Security
Department benefits “don’t come remotely close to the gratuitous benefits” provided to OCPA executives.
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for a term of four years. Some believe that the city may reassign the Board member if the
member no longer sits on their city council. Others believe that Board members may remain on
the Board for four years even if they are no longer in office with their respective cities.
Clarifying this procedure is important because the latter interpretation would mean that an OCPA
sitting Board member who no longer has any official standing or obligation to a member city
may remain on the Board. Having bylaws in place should also resolve ambiguities about what
powers the CEO has, such as whether the CEO can unilaterally make decisions regarding senior
management and executive positions.
Insufficient Notices, Opting Out and Hiding Rate Increases
By law, commercial and residential customers serviced by CCEs are automatically enrolled in
the CCE program tier level that has been authorized by their member cities. OCPA offers three
plans:
• Basic Choice offers the same renewable energy delivery of 38 percent as SCE and
SDGE. This choice results in no increase in charges;
• Smart Choice offers 69 percent renewable energy. This choice increases the customer’s
bill by one cent per kWh;
• 100% Renewable Choice offers the 100% renewable option and adds 1.5 cents per kWh.
In contrast, San Diego Community Power (“SDCP”), made up of San Diego, four neighboring
cities and some unincorporated areas, offers two programs: PowerOn provides 50 percent
renewable with five percent greenhouse gas free at prices competitive with SDGE; the Power100
program offers 100 percent renewable energy with 100 percent carbon free electricity, for less
than one cent more per kilowatt hour than SDGE. Carlsbad, Del Mar and Solana Beach are
served by Clean Energy Alliance (“CEA”) at rates similar to SDCP.
OCPA’s member cities of Irvine, Huntington Beach, and Buena Park selected their default to be
100 percent renewable energy while Fullerton chose the 69 percent tier level. Buena Park’s staff
report estimated a cost increase to the City of $103,127 per year for city-owned facilities if it
enrolled in the 69 percent Smart Choice level, and an increase of $154,691 at the 100 percent
Renewable Choice level.15
Under AB117, OCPA is required to provide customers with two notices prior to automatically
changing the customer from SCE to OCPA service. In February 2022, commercial businesses
located in the member cities of OCPA were advised of the change to have OCPA as their power
15 Agenda Report to City Council Study Session, February 22, 2022.
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provider effective April 1, 2022. Commercial customers were also informed that they were able
to “opt-out” of OCPA service or change from their pre-assigned tier level.
Although the price differentials were known to OCPA at the time, no pricing information was
included in the mailers sent to the affected businesses, nor could it easily be found on the OCPA
website. The additional cost per kWh for OCPA customers at the 100 percent renewable energy
level is double the additional costs SDCP and CEA charge their San Diego County customers for
100 percent renewable energy, and nearly double the additional cost SCE charges for 100
percent ‘green’ energy. In another example of OCPA’s lack of transparency, commercial
customers were expected to decide upon the level of service they wanted without being provided
or given appropriate access to the price of each of those services.
At the March 1, 2022, OCPA Board Meeting, a member of the public pointed out that the notices
sent out to alert commercial customers failed to mention or indicate in any way that their rates
would automatically be going up unless the business chose to opt-out of the program or opt-
down to the Basic Plan tier. The second required notice also omitted this information. Nowhere
in its notices to customers does OCPA inform the customer that if they take no action, their bill
will increase. Instead, the notices state: “Note, that OCPA rates are competitive with SCE
rates…” Responding to the complaint about the inadequate rate information, OCPA merely
replied that the notice was satisfactory because it was legally compliant.
The OCPA website also omitted the rate differentials, which OCPA had known about for quite
some time. At no point has OCPA made any effort to inform its customers about the automatic
raise in rates if the customer takes no action to make a change. In the current economic climate
of general inflation and overall increases in energy costs, customers could easily be unaware that
a percentage of the higher bills they are receiving are attributable to their auto-enrollment in the
OCPA program.
OCPA’S Contradictory Messaging About the Effect of Opting Out
While explaining its “competitive and stable rates,” the OCPA website includes the following
statement: “When demand for clean energy goes up, OCPA gains greater leverage to negotiate
better rates.”16 Consistent with this statement, during the February 8, 2022, Irvine City Council
meeting, a council member stated, “As more cities join us the cheaper the rates will be for
everyone.” This is also the consensus in the CCE world:
High opt-out rates can quickly deteriorate the financial stability of the CCE
program. Not only would customer opt-out lead to lower than anticipated retail
16 OCPA website; https://www.ocpower.org (last visited June 7, 2022).
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margins but could leave the CCE stuck with excess power. Having to sell extra
electricity on the spot market can mean selling it at a loss.17
During the same February 8, 2022, Irvine City Council meeting, the question was posed: “If
more people opted out than the model, how would it affect electric rates?” The OCPA CFO
responded that the working model allows for a five percent opt-out rate for residential customers
and a ten percent opt-out rate for commercial. The CFO then stated: “If [the opt-out rate]
increases more than our expectation or assumption, it won’t have a significant financial impact
because the revenue will match with all the costs of energy.” Follow-up questions led the CFO to
explain further: “If more people chose to opt out, more than 10 percent let’s say, the costs of
energy will decrease as well as our revenue. So, because of the matching principle, there will be
no significant financial impact to us.” This statement is inconsistent with the information
contained on the OCPA website and the prevailing wisdom that low opt-out rates are important
to the success of any CCE.18
The percentage of customers and the energy load those customers represent are crucial figures to
OCPA’s success. Yet, dissemination of the information regarding the opt-out load percentages
has been restricted by OCPA. Member cities and others requesting that information have been
denied access to or received few specifics about the opt-out and opt-down activity, and what
impact that has on the overall OCPA financial picture.
Public Information Not Reaching Board Members or the Public
The OCPA Board of Directors is charged with oversight of the agency. Under the JPA, the Board
“shall conduct all business and activities of the Authority consistent with this Agreement and any
bylaws, operating procedures, and applicable law.”
To properly perform its oversight function, the Board must have access to all documents related
to OCPA, even if that information is not subject to public disclosure. Unfortunately, this is not
the approach that has been taken at OCPA. Based on interviews and our review of documents,
there has been a pattern of failure and/or resistance to providing information to the Board, even
when the information has been specifically requested. This lack of transparency does not align
with public agency obligations and can create suspicions of wrongdoing.
17 Battaglioli, Daniela, “Towards Electricity Decarbonizaion: Options for Community Choice Energy in Del Mar,
CA” (2017), citing Pacific Energy Advisors, Inc. (2016, January 8). Peninsula Clean Energy CCA Risk Analysis
Summary Table. Retrieved from 31 28 https://www.peninsulacleanenergy.com/wpcontent/uploads/2015/10/FINAL -
Peninsula-CleanEnergy-CCA-Technical-Study.pdf
18 See id.
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Information has been made equally unavailable to the member cities and the public. During the
public comment section at the December 21, 2021, Board meeting, a speaker stated that there
had been previous requests from a Board member, as well as the public, for financial
information, including that the check register be provided. No response was provided, the
information was not posted online, and the minutes did not record either the request made on
December 21, 2021, nor those made prior to that date. The OCGJ investigation corroborated that
several information requests properly submitted by the public were virtually ignored. Board
members were also stymied from obtaining this information. They were allowed to review the
information only after making multiple requests, and under the condition that the records be
reviewed at the OCPA office.19 The OCGJ and member cities continue to face roadblocks in
their attempts to obtain information directly from OCPA. It should not be up to OCPA staff to
determine which of its actions are subject to Board oversight.
In December 2020 and early January 2021, the OCPA Board meetings were held remotely, but
recorded on video. Beginning on January 26, 2021 (coinciding with the hiring of the CEO), those
meetings were no longer recorded. After some public outcry, video recording resumed on June 9,
2021. Often, Board meeting minutes and videos would not be posted for several weeks or longer.
During the course of our investigation, in or about March 2022, video recordings of Board
meetings held between July 13, 2021 and January 11, 2022, were removed entirely from the
OCPA website and could not be accessed. During the first week of April 2022 the videos re-
appeared, along with meeting minutes. OCPA did not explain the temporary removal of that
information.
The Board meets monthly on Tuesday mornings. Often, the agenda and staff reports are not
made public or provided to Board members until the preceding Friday or Saturday, just in time to
comply with the 72 hours’ notice required by the Brown Act, leaving little time to properly
review the materials and prepare for the upcoming meeting.
The OCGJ confirmed that in 2021, matters were being placed on the agenda only at the
instruction of the CEO, and that requests from individual Board members and the CAC for items
to be placed on the agenda were being ignored. In a detailed review of the OCPA Board minutes,
the OCGJ found inaccuracies and unnecessary or potentially misleading omissions, including
failing to refer to questions and statements made during public comments. There also appeared to
be many technical difficulties during Zoom meetings.
There are also examples of OCPA presenting information in a way that misled the public. At the
March 1, 2022, OCPA Board meeting, approval of the mid-year operating budget was on the
19 OCPA Board meeting video and minutes of Dec. 21, 2021.
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agenda. During the budget presentation, the Board was informed that the year’s anticipated legal
costs would be increasing by $446,000, from $354,000 to $800,000. OCPA explained – in
writing and orally – that the anticipated increased costs were “primarily due to a large number of
PRA (Public Record Act) requests, non-legal board clerk support services, legal support for
unanticipated matters, and power supply procurement transactions and negotiation services.”20
Listing the PRA requests first overstates the significance of their associated costs. When asked
for clarification, OCPA General Counsel explained that legal staff were needed to support OCPA
in “day to day operations” and that there had been “quite a bit” of PRA requests. Finally, when
asked directly how much of the budget was dedicated to handling PRA requests, the answer was
$22,000 for the year. Aside from the fact that responses to those PRA requests had, in large part,
not been forthcoming, this is a trifling percentage of the $800,000 budget request. Attempting to
blame the doubling in legal costs on PRA requests seems indicative of OCPA’s attitude towards
individuals who seek information and transparency.
Underutilizing the Community Advisory Committee
According to the OCPA implementation document which describes the purpose and scope of the
Community Advisory Committee (CAC), that Committee is intended to advise the OCPA Board
on the operation of its energy program, help identify areas of concern, and assist in educating the
public.
The very first duty listed on the Scope of Duties document is to elect officers of the CAC “to
ensure that the Committee can operate independently and collaboratively, with limited support
from Authority staff, but in keeping with the priorities of the Board.” That effort was reportedly
thwarted for some time by the intervention and inaction of the CEO. This finding was confirmed
in a memo dated January 26, 2021, from the CEO to the OCPA Board. The Board had requested
that staff provide an overview and update on the CAC at its next meeting on January 26, 2021.
Rather than comply with the Board’s request, the CEO disregarded its direction by notifying the
Board via the memo that “since the Authority will not launch until the Spring 2022, staff does
not want to rush to bring this item before the Board.”
According to the minutes from the February 23, 2021, OCPA Board meeting, members of the
Board and the public stressed the importance of the CAC and urged immediate action to get it
started. The COO at the time believed a start date of April was reasonable. Despite the discussion
of appointments and the requests to get things moving quickly, the CEO stated that this was a
20 The Public Records Act provides the people with broad rights of access to public records to help keep government
entities accountable. Except as legally exempted from disclosure, public agencies are required to make their records
“promptly available” to requesters. Cal. Gov. Code § 6253(b) (emphasis added).
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“receive and file” agenda item and that no Board action was required, thus stifling any energy
and momentum for the CAC to be formed. CAC finally conducted its first meeting on July 8,
2021, but was not approved by the CEO to elect officers until January 12, 2022.
The CAC consists of two direct appointees per member city. At its first meeting in July 2021, the
CAC decided to conduct meetings the first Thursday of the month. Board members and the CAC
repeatedly requested to have the CAC as a standing position on the Board’s agenda, but this did
not occur until February 2022, a delay of six months after its establishment. Even then, the CEO
planned to schedule CAC presentations to the Board on a merely quarterly basis.
The Secretary of the CAC is responsible for taking attendance and meeting notes and must work
with OCPA staff to ensure meeting minutes are finalized and posted. According to the OCPA
website, the CAC agendas are posted, although no minutes had been posted until April 2022.
This oversight demonstrates a disregard for the CAC and contributed to a lack of transparency.
The CAC consists of well-informed and dedicated residents/business owners from the four
member cities. It appears that the CEO and Board are underutilizing the CAC’s expertise and
enthusiasm. A key example of this underutilization occurred on November 23, 2021, when the
Board discussed establishing an ad hoc marketing and outreach committee in lieu of assigning
this task to the CAC, or seek its advice and input in other ways
Comparison research on how to utilize a CAC was conducted with respect to the San Diego
Community Power (SDCP) agency. SDCP was established in September 2019, approximately
one year before OCPA was formalized. The first CAC meeting of the SDCP was conducted on
May 22, 2020. The SDCP CAC focuses on engaging with the public and providing feedback to
the Board so that they can make educated decisions in the best interest of the community. The
SDCP CAC is very focused and abides by the following Scope of Work guidelines:
• Provide venue of ongoing citizen support (i.e., marketing and outreach)
• Elect officers
• Adopt a work plan every year
• Work on objectives to assist the Board
• Help the Board identify issues of concern
• Draft reports to the Board with findings and recommendations
• Represent views of constituents (i.e., marketing and outreach)
• Incorporate language around inclusion and diversity
• Plan and engage at community events (i.e., marketing and outreach)
• Serve as information channel back to communities (i.e., marketing and research)
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The SDCP CAC conscientiously posts their monthly agenda, the full agenda packet, and a
recording of each meeting on their website. This indicates transparency within the agency. It is
not uncommon for the SDCP Board to engage their CAC. For example, the CAC was able to
appoint a representative to join the CEO Ad Hoc Search Committee and received updates from
the Board on the CEO recruitment process. The SDCP CAC has a standing item and/or position
on its Board’s regular agenda. Lastly, the SDCP CAC was empowered to review and provide
input on a Social Media Policy for the agency and established a CAC Community-Member
Communications Guide. By comparison to SDCP, OCPA fails to empower or support its CAC.
Representative citizens of Orange County have worked very hard to develop CCEs to bring
sustainable energy to Orange County. It is our hope that the issues raised in this report will be
addressed in a timely manner so that confidence can be restored in OCPA, and it will flourish
and expand in its membership and participation.
FINDINGS
F1 OCPA has not properly implemented bylaws and other procedures to promote and ensure
transparency.
F2 OCPA unreasonably delayed the formation of the CAC, has failed to properly utilize
CAC member expertise, and has stifled the CAC from functioning as an advisory
committee as intended.
F3 OCPA hiring practices and procedures for both employees and contractors have failed to
follow best practices, potentially damaging the credibility of the agency and raising
questions of cronyism.
F4 OCPA has failed to hire a Director of Power Purchases or other experienced senior staff
as appropriate for a CCE, resulting in a lack of oversight of contractors and fewer checks
and balances in its operation.
F5 OCPA lacks experienced in-house staff to develop and implement a long-term strategic
plan as well as short-term plans to mitigate economic risks.
F6 OCPA Board meeting agendas and staff reports are distributed at the last minute and
Board meeting minutes are not always accurate, complete, or posted in a timely manner.
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RECOMMENDATIONS
Based on its investigation described herein, the OCGJ makes the following recommendations:
R1 Implement OCPA and Community Advisory Committee by-laws consistent with those of
other CCEs within California. (F1) Timeline: October 1, 2022.
R2 Include the Community Advisory Committee as a standing item on the OCPA Board
minutes and recognize the Community Advisory Committee as an advisory committee,
and not simply a mouthpiece. (F2) Timeline: October 1, 2022.
R3 Hire a Director of Power Purchases or other qualified staff positions to properly oversee
Pacific Energy Advisors and CalPine contractors utilizing best practices. (F3, F4, F5)
Timeline: December 1, 2022.
R4 Utilize a member agency clerk or assign a qualified OCPA staff member to handle the
agendas and minutes for the OCPA Board and OCPA Community Advisory Committee
to ensure that they are prepared properly and posted in a timely manner. (F6) Timeline:
October 1, 2022.
RESPONSES
California Penal Code Section 933 requires the governing body of any public agency which the
Grand Jury has reviewed, and about which it has issued a final report, to comment to the
Presiding Judge of the Superior Court on the findings and recommendations pertaining to matters
under the control of the governing body. Such comment shall be made no later than 90 days after
the Grand Jury publishes its report (filed with the Clerk of the Court). Additionally, in the case of
a report containing findings and recommendations pertaining to a department or agency headed
by an elected County official (e.g. District Attorney, Sheriff, etc.), such elected County official
shall comment on the findings and recommendations pertaining to the matters under that elected
official’s control within 60 days to the Presiding Judge with an information copy sent to the
Board of Supervisors.
Furthermore, California Penal Code Section 933.05 specifies the manner in which such
comment(s) are to be made as follows:
(a) As to each Grand Jury finding, the responding person or entity shall indicate one of the
following:
(1) The respondent agrees with the finding.
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(2) The respondent disagrees wholly or partially with the finding, in which case the
response shall specify the portion of the finding that is disputed and shall include an
explanation of the reasons therefor.
(b) As to each Grand Jury recommendation, the responding person or entity shall report one of
the following actions:
(1) The recommendation has been implemented, with a summary regarding the
implemented action.
(2) The recommendation has not yet been implemented, but will be implemented in the
future, with a time frame for implementation.
(3) The recommendation requires further analysis, with an explanation and the scope and
parameters of an analysis or study, and a time frame for the matter to be prepared for
discussion by the officer or head of the agency or department being investigated or
reviewed, including the governing body of the public agency when applicable. This
time frame shall not exceed six months from the date of publication of the Grand Jury
report.
(4) The recommendation will not be implemented because it is not warranted or is not
reasonable, with an explanation therefor.
(c) If a finding or recommendation of the Grand Jury addresses budgetary or personnel matters
of a county agency or department headed by an elected officer, both the agency or department
head and the Board of Supervisors shall respond if requested by the Grand Jury, but the response
of the Board of Supervisors shall address only those budgetary /or personnel matters over which
it has some decision making authority. The response of the elected agency or department head
shall address all aspects of the findings or recommendations affecting his or her agency or
department.
Comments to the Presiding Judge of the Superior Court in compliance with Penal Code §933.05
are required and requested from:
90 Day Response
Required F1 F2 F3 F4 F5 F6
OCPA Board of
Directors X X X X X X
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90 Day Response
Required R1 R2 R3 R4
OCPA Board of
Directors X X X X
90 Day Response
Requested R1 R2 R3 R4
City of Buena Park
City Council X
90 Day Response
Requested R1 R2 R3 R4
City of Fullerton
City Council X
90 Day Response
Requested R1 R2 R3 R4
City of Huntington
Beach City Council X
90 Day Response
Requested R1 R2 R3 R4
City of Irvine City
Council X
90 Day Response
Requested R1 R2 R3 R4
Orange County
Board of
Supervisors X
REFERENCES
California Assembly Bill 117.
Battaglioli, Daniela, “Towards Electricity Decarbonizaion: Options for Community Choice
Energy in Del Mar, CA (2017), citing Pacific Energy Advisors, Inc., January 8, 2016.
Buena Park City Council Staff Reports and Meeting Minutes.
California Public Utilities Commission website.
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City of Irvine, Community Choice Energy Summary of Key Findings and Request for Finance
Commission Action, August 2019.
EES Consulting, Inc., CCE Feasibility Study and Technical Assessment, January 16, 2020.
EES Consulting, Inc., Memo re: CCA Preliminary Pro Forma, November 12, 2020.
Irvine City Council Staff Reports, Meeting Minutes.
Irvine Watchdog, “Orange County Power Authority Unable to Properly Manage Basic Duties,”
Oct. 12, 2021.
OCPA Joint Powers Agreement, November, 2020.
OCPA Community Choice Aggregation Implementation Plan and Statement of Intent, December
28, 2020.
OCPA Board Meeting minutes, videos, agendas, staff reports, and related documentation.
OCPA financial spreadsheets and audit reports, fiscal year and mid-year budget documents.
OCPA Implementation Plan, December 28, 2020.
OCPA Employment and Service Agreements.
OCPA Pro Forma Memo.
OCPA website and personnel policies.
OC Daily Pilot, Two More Cities Consider Joining Renewable Energy Programs, August 19,
2021.
Voice of OC, “Laguna Beach to Study Leaving Edison for Renewable Energy,” July 14, 2021.
Voice of OC, “OC Power Authority to Rewrite Conflict of Interest Code Without Fixing
Transparency Concerns,” Aug. 2, 2021.
Peninsula Clean Energy CCA Risk Analysis Summary Table. Retrieved from 31 28
https://www.peninsulacleanenergy.com/wpcontent/uploads/2015/10/FINAL-Peninsula-
CleanEnergy-CCA-Technical-Study.pdf
Utility Drive, Penrod, E., PPA Prices Rise 28.5 percent as Supply and Regulatory Challenges
Pile Up, April 13, 2022.
354
ORANGE COUNTY POWER AUTHORITY: COME CLEAN
2021-2022 Orange County Grand Jury Page 23
GLOSSARY
AB Assembly Bill
BBK Best, Best & Krieger
CAC Community Advisory Committee
CCA Community Choice Aggregation
CCE Community Choice Energy
CEA Clean Energy Alliance
CEC Community Choice Energy
CEO Chief Executive Officer
CFO Chief Financial Officer
COO Chief Operating Officer
COVID Coronavirus Disease
CPUC California Public Utilities Commission
IOU Investor-Owned Utility, such as Southern California Edison
JPA Joint Powers Agreement
kWh Kilowatt hour
OCPA Orange County Power Authority
OCGJ Orange County Grand Jury
PEA Pacific Energy Advisors
PRA Public Records Act
RA Resource Adequacy
ROC Risk Oversight Committee
SCE Southern California Edison
355
ORANGE COUNTY POWER AUTHORITY: COME CLEAN
2021-2022 Orange County Grand Jury Page 24
SDGE San Diego Gas and Electric
SDCP San Diego Community Power, a CCE
Spot Market The wholesale electricity spot market is a venue for trading electricity as a
commodity. It serves as a clearing house to reflect the economic value of
electricity for a particular period, as indicated by the “spot price.”
WCE Western Community Energy, a CCE
356
357
358
TELEPHONE (714) 536-5553
City of Huntington Beach
2000 MAIN STREET CALIFORNIA 92648
Barbara Delgleize
Mayor
September 7, 2022
The Honorable Erick L. Larsh
Presiding Judge of the Superior Court
700 Civic Center Drive West
Santa Ana, CA 92701
Dear Judge Larsh:
The members of the City of Huntington Beach City Council have read and reviewed the
Orange County Grand Jury report, ”Orange County Power Authority Come Clean.”
On September 6, 2022 the City Council voted to support Recommendation No. 4, whereby
the Orange County Power Authority (OCPA) should hire a member agency clerk or assign
a qualified OCPA staff member to handle agendas and minutes for the OCPA Board and
OCPA Community Advisory Board, to ensure that they are prepared properly and posted in
a timely manner.
The Huntington Beach City Council representatives on the OCPA Board will request an
action item of the OCPA to hire a qualified clerk or assign a qualified OCPA staff member
to handle agendas and minutes for the OCPA Board and OCPA Community Advisory
Board.
Sincerely,
Barbara Delgleize
Mayor
Cc: City Council
Al Zelinka, City Manager
359
VIA EMAIL
Al.Zelinka@surfcity-hb.org
Al Zelinka
City Manager, Huntington Beach, CA
RE: BOARD CLERK INQUIRY
Dear Al:
The Orange County Power Authority (OCPA) is considering various options to
support our Board Clerk function. While we believe the role will be ultimately
best served by a dedicated internal resource, we would also like to explore
outsourcing substantial portions of the function to one of our member
jurisdictions.
For discussion purposes we offer the following as a high-level scope of service
requirements:
Estimated commitment 15-25 hours per month
5-10 hours Agenda creation/assembly
2-4 hours General coordination with OCPA staff
4-8 hours Running Board Meetings (in person in Irvine)
2-3 hours Draft meeting minutes for Board approval
Minimum requirements
o Attend in person meetings in Irvine 1-2 per month
o Schedule and manage Zoom platform with little assistance
o Advanced Microsoft Office and Adobe PowerPoint skills
o Always available to work the Friday before Board Meetings (subject to
scheduled absences)
o Ability to access OCPA shared folders and workflow tools
o Ability to segment and retain produce OCPA related work product for
PRA requests
Please let us know if you have the interest and the capacity to fulfill our
Board Clerk function on a contract basis. If you have any questions or need
further information, please let us know. We look forward to discussing this
opportunity with you and your staff.
Best Regards,
__________________________
Brian Probolsky
CEO, Orange County Power Authority
360
City of Huntington Beach
2000 Main Street,
Huntington Beach, CA
92648
File #:22-679 MEETING DATE:9/6/2022
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Al Zelinka, City Manager
VIA:Ursula Luna-Reynosa, Director of Community Development
PREPARED BY:Tess Nguyen, Associate Planner
Subject:
Adopt Ordinance No. 4258 approving Zoning Text Amendment No. 22-003 to Chapter 222
(Floodplain Overlay District) of the Huntington Beach Zoning and Subdivision Ordinance
Approved for introduction August 2, 2022 (Vote: 7-0)
Statement of Issue:
The proposed Zoning Text Amendment (ZTA) would amend Chapter 222 (Floodplain Overlay District)
of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) to bring it into compliance with
Federal Emergency Management Agency (FEMA) requirements. On June 28, 2022, the Planning
Commission held a public hearing to consider the proposed ZTA, and the Planning Commission and
staff recommend approval.
Financial Impact:
Not applicable.
Recommended Action:
Adopt Ordinance No. 4258, “An Ordinance of the City Council of the City of Huntington Beach
Amending Chapter 222 of the Huntington Beach Zoning and Subdivision Ordinance Relating to the
Floodplain Overlay District (FP1, FP2, FP3) (Zoning Text Amendment No. 22-003).” (Attachment No.
2)
Alternative Action(s):
A) Deny Zoning Text Amendment No. 22-003; or
B) Continue Zoning Text Amendment No. 22-003, and direct staff accordingly.
Continuation of the request will preclude the City from meeting FEMA’s August 15, 2022 deadline for
the ordinance effective date. Denial of the request will jeopardize the City’s standing with the
National Flood Insurance Program (NFIP).
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File #:22-679 MEETING DATE:9/6/2022
Analysis:
A.PROJECT PROPOSAL:
Applicant: City of Huntington Beach
Zoning Text Amendment No. 22-003 is a request to amend Chapter 222 of the HBZSO to bring it
into compliance with current FEMA requirements. The amendments include:
§Requiring electrical, ventilation, plumbing and air conditioning equipment and other
service facilities to be located one foot above the base flood elevation (Section 222.14.A(3)
(c));
§Requiring all manufactured homes to be elevated to have the lowest floor one foot
above the base flood elevation (Section 222.14.A(5)(b)); and
§Requiring all new construction and substantial improvements within the FP3 Subdistrict
to be elevated one foot above the base flood elevation (Section 222.14.C(3)).
B.BACKGROUND:
The City has participated in the National Flood Insurance Program since 1983, and FEMA
conducts an audit of the City’s floodplain management program every three to five years to make
sure the City is meeting the most current NFIP requirements. The most recent audit was
conducted on February 2022, and one of the outcomes was a requirement to revise the flood
ordinance as noted above.
The City is currently a Class 7 in the NFIP Community Rating System. Properties within the
Special Flood Hazard Areas (SFHA) qualify for a 15 percent discount on flood insurance
premiums for NFIP policies. If the City does not bring HBZSO Chapter 222 into compliance with
current FEMA requirements, the City’s standing will be a Class 9 in the NFIP Community Rating
System, and properties within the SFHA will only qualify for a 5 percent discount on flood
insurance premiums for NFIP policies.
C.PLANNING COMMISSION MEETING AND RECOMMENDATION:
On June 28, 2022, the Planning Commission held a public hearing on ZTA No. 22-003. There
were no speakers at the public hearing and no written comments received. At the public hearing,
the Planning Commission asked about the following topics:
§substantial improvements definition
§base flood elevation definition and determination
§implications of non-compliance with current FEMA requirements
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File #:22-679 MEETING DATE:9/6/2022
Planning Commission Action on June 28, 2022:
A motion was made by Perkins, seconded by Rodriguez, to recommend to the City Council
approval of ZTA No. 22-003 carried by the following vote:
AYES: Acosta-Galvan, Mandic, Perkins, Ray, Rodriguez, Scandura
NOES: None
ABSTAIN: None
ABSENT: Adam
MOTION PASSED
D.STAFF ANALYSIS:
The June 28, 2022 Planning Commission staff report provides a more detailed description and
analysis of the proposed ZTA (Attachment No. 4).
E.SUMMARY:
Staff and the Planning Commission recommend approval of the ZTA based on the following
reasons:
1. It is consistent with the general land uses and policy HAZ-3A of the General Plan.
2. It will bring the City’s flood ordinance into compliance with current FEMA requirements to
increase flood protection and minimize loss.
Environmental Status:
ZTA No. 22-003 is categorically exempt pursuant to City Council Resolution No. 4501, Class 20,
which supplements the California Environmental Quality Act because the request is a minor
amendment to a zoning ordinance that does not change the development standards density or
intensity and does not authorize any physical development.
Strategic Plan Goal:
Economic Development & Housing
Attachment(s):
1. Suggested Findings of Approval - ZTA No. 22-003
2. City Council Ordinance No. 4258
3. ZTA No. 22-003 Legislative Draft
4. June 28, 2022 Planning Commission Staff Report
5. PowerPoint Presentation
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Attachment No. 1.1
ATTACHMENT NO. 1
SUGGESTED FINDINGS OF APPROVAL
ZONING TEXT AMENDMENT NO. 22-003
SUGGESTED FINDINGS FOR PROJECTS EXEMPT FROM CEQA:
Zoning Text Amendment No. 22-003 is categorically exempt pursuant to City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act because the request is a minor amendment to a zoning ordinance that does not change the development standards, density, intensity or authorize physical development.
SUGGESTED FINDINGS FOR APPROVAL - ZONING TEXT AMENDMENT NO. 22-003:
1. Zoning Text Amendment No. 22-003 amends Chapter 222 (Floodplain Overlay District) by clarifying standards of construction. It is consistent with the policy of the General Plan as follows:
Policy HAZ-3A – Establish and maintain local flood prevention standards and practices that adequately protect public and private development and resources within the planning area. The proposed amendment will bring the city’s flood ordinance into compliance with current FEMA requirements with the ultimate goal of increasing flood protection and minimizing loss. 2. Zoning Text Amendment No. 22-003 is compatible with the uses authorized in, and the standards prescribed for, the zoning district for which it is proposed because it will revise the citywide flood ordinance. It will not affect the zoning of any property or the allowed uses and development standards of any zoning district. 3. A community need is demonstrated for the change proposed because Zoning Text Amendment No. 22-003 is necessary to comply with current FEMA requirements which will enable the city to continue to be a part of the National Flood Insurance Program.
4. Its adoption will be in conformity with public convenience, general welfare, and good zoning practice because Zoning Text Amendment No. 22-003 will ultimately increase flood protection and minimize risk of loss.
364
365
366
367
368
369
370
371
372
373
City of Huntington Beach
2000 Main Street,
Huntington Beach, CA
92648
File #:22-491 MEETING DATE:6/28/2022
PLANNING COMMISSION STAFF REPORT
TO:Planning Commission
FROM:Ursula Luna-Reynosa, Director of Community Development
BY:Tess Nguyen, Associate Planner
SUBJECT:
ZONING TEXT AMENDMENT NO. 22-003 (FLOOD ORDINANCE REVISIONS)
REQUEST:
To amend Chapter 222 (Floodplain Overlay District) of the Huntington Beach
Zoning and Subdivision Ordinance (HBZSO) to bring it into compliance with the
Federal Emergency Management Agency (FEMA) requirements.
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 approval of 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. 22-003 is categorically exempt pursuant to City
Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality
Act because the request is a minor amendment to a zoning ordinance that does not change the
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File #:22-491 MEETING DATE:6/28/2022
development standards density, intensity or authorize any physical development.
B) Recommend approval of Zoning Text Amendment No. 22-003 with findings (Attachment No. 1)
by approving draft City Council Ordinance No. 4258 and forward to the City Council for
consideration.
ALTERNATIVE ACTION(S):
A) Do not recommend approval of Zoning Text Amendment No. 22-003 to the City Council.
B) Continue Zoning Text Amendment No. 22-003 and direct staff accordingly.
Continuation of the request will prohibit the City from meeting FEMA’s August 15, 2022 deadline for
the ordinance effective date. Denial of the request will jeopardize the City’s standing with the
National Flood Insurance Program (NFIP).
PROJECT PROPOSAL:
Zoning Text Amendment No. 22-003 is a request to amend Chapter 222 of the Huntington Beach
Zoning and Subdivision Ordinance to bring it into compliance with current FEMA requirements. The
amendments include:
§Requiring electrical, ventilation, plumbing and air conditioning equipment and other service
facilities to be located one foot above the base flood elevation (Section 222.14.A(3)(c));
§Requiring all manufactured homes to be elevated to have the lowest floor one foot above the
base flood elevation (Section 222.14.A(5)(b);
§Requiring all new construction and substantial improvements within the FP3 Subdistrict to be
elevated one foot above the base flood elevation (Section 222.14.C(3).
Background:
The City has participated in the NFIP since 1983. FEMA conducts an audit of the City’s floodplain
management program every three to five years to make sure the City is meeting current NFIP
requirements. The most recent audit was February 2022. One of the outcomes of the audit was a
requirement to revise the flood ordinance as noted above.
The City is currently a Class 7 in the NFIP Community Rating System. Properties within the Special
Flood Hazard Areas (SFHA) qualify for a 15 percent discount on flood insurance premiums for NFIP
policies. If the City does not bring HBZSO Chapter 222 into compliance with current FEMA
requirements, the City’s standing will be a Class 9 in the NFIP Community Rating System. Properties
within the SFHA will only qualify for a 5 percent discount on flood insurance premiums for NFIP
policies.
ISSUES AND ANALYSIS:
Zoning Text Amendment No. 22-003 is applicable to all properties in the City that are in the flood
zone.
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File #:22-491 MEETING DATE:6/28/2022
General Plan Conformance:
The Zoning Text Amendment is consistent with the Natural and Environmental Hazards Element
policy of the General Plan as follows:
Policy HAZ-3A - Establish and maintain local flood prevention standards and practices that
adequately protect public and private development and resources within the planning area.
The Zoning Text Amendment will bring the City’s flood ordinance into compliance with FEMA
requirements with the ultimate goal of increasing flood protection and minimizing risk of loss.
Zoning Compliance:
Not applicable.
Urban Design Guidelines Conformance:
Not applicable.
Environmental Status:
ZTA No. 22-003 is categorically exempt pursuant to City Council Resolution No. 4501, Class 20, with
supplements the California Environmental Quality Act because the request is a minor amendment to
a zoning ordinance that does not change the development standards density, intensity or authorize
any physical development.
Coastal Status:
The proposed amendment will be combined with other minor amendments that will be forwarded to
the California Coastal Commission as a minor Local Coastal Program Amendment for certification.
Design Review Board:
Not applicable.
Other Departments Concerns and Requirements:
The proposed amendments to the City’s existing ordinance were prepared with input from the City
Attorney’s Office. The amendments do not affect the operations or services of other city
departments.
Public Notification:
Legal notice was published in the Huntington Beach Wave on June 16, 2022 and notices were sent
to individuals and organizations requesting notification (Planning Division’s Notification Matrix). As of
June 14, 2022, no communication supporting or opposing the request has been received.
Application Processing Dates:
DATE OF COMPLETE APPLICATION:MANDATORY PROCESSING DATE(S):
Not applicable Legislative Action - Not applicable
SUMMARY:
Staff is recommending approval of ZTA No. 22-003 based on the following reasons:
1. It is consistent with the general land uses and policy of the General Plan.
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File #:22-491 MEETING DATE:6/28/2022
2. It will bring the city’s flood ordinance into compliance with current FEMA requirements to
increase flood protection and minimize loss.
ATTACHMENTS:
1. Suggested Findings of Approval - ZTA No. 22-003
2. Draft City Council Ordinance No. 4258
3. ZTA No. 22-003 Legislative Draft
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Flood Ordinance
Revisions
Zoning Text Amendment No. 22-003
August 2, 2022
378
Request
Zoning Text Amendment No.22-003
•To amend Chapter 222 (Floodplain Overlay District) of the Huntington Beach Zoning and Subdivision Ordinance to bring it into compliance with the Federal Emergency Management Agency (FEMA) requirements
379
Request
•Revisions include requiring the following to be elevated one foot above the base flood elevation*:
−mechanical equipments
−manufactured homes
−structures in the VE flood zones (along the coastline)
*base flood elevation –elevation of surface water resulting from a 100-year flood
380
Background
•City participates in the National Flood Insurance Program (NFIP) since 1983
•FEMA audits the City’s floodplain management program
−every 3 to 5 years
−most recent audit: February 2022
−outcome: revise flood ordinance to comply with current FEMA requirements
381
Analysis
•Current Standing: Class 7 in NFIP Community Rating System−properties within the flood zone qualify for a 15% discount on flood insurance premiums for NFIP policies
•ZTA: revise HBZSO Chapter 222 to comply with current FEMA requirements
•Non-compliance with FEMA requirements will change the City’s standing
•New Standing: Class 9 in NFIP Community Rating System −properties within flood zone qualify for a 5% discount on flood insurance premiums for NFIP policies
382
Recommendation
Staff recommends approval of ZTA:
•Consistent with the general land uses and policy of the General Plan
•Bring the City’s flood ordinance into compliance with the current FEMA requirements to increase flood protection and minimize loss
383
City of Huntington Beach
2000 Main Street,
Huntington Beach, CA
92648
File #:22-732 MEETING DATE:9/6/2022
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Al Zelinka, City Manager
VIA:Travis K. Hopkins, Assistant City Manager
PREPARED BY:Grace Yoon-Taylor, Senior Administrative Analyst
Subject:
Approve the appointment of Eric Bornstein to the Environmental and Sustainability Board as
recommended by City Council Liaisons Dan Kalmick and Natalie Moser
Statement of Issue:
The City Council is asked to consider the appointment of Eric Bornstein to the Environmental and
Sustainability Board to fill one unscheduled vacancy.
Financial Impact:
Not applicable.
Recommended Action:
Approve the appointment of Eric Bornstein as a member of the Environmental and Sustainability
Board through June 30, 2023, the end of term for the current unscheduled vacancy, as
recommended by City Council Liaisons Kalmick and Moser.
Alternative Action(s):
Do not approve the recommended action, and direct staff accordingly.
Analysis:
The Environmental and Sustainability Board is a seven-member advisory body to the City Council
comprised of five citizen appointees and two City Council liaisons who serve as Chair and Vice Chair.
The primary role of this Board is to provide advice and monitor the City’s comprehensive
Sustainability Master Plan that incorporates water and energy conservation, waste management,
renewable/recycled products, air quality, mobility and other pertinent issues that affect the overall
sustainability, economic, ecological and social environments of Huntington Beach.
There is one unscheduled vacancy on the Board. The City advertised the vacancy and recruitment
through the following means: posting of Notice of Vacancy on the City's website, Civic Center, and
libraries, and the City’s social media platforms. A total of 22 active applications were reviewed and
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File #:22-732 MEETING DATE:9/6/2022
considered for appointment. After deliberation, both City Council Liaisons recommended Eric
Bornstein to fill the vacancy, whose term is scheduled to expire on June 30, 2023.
Mr. Bornstein is a subject matter expert in utility regulations, renewal energy resources, and
electronic vehicles with years of professional experience managing utility commercial energy
efficiency and municipal energy efficiency programs. Previously, he also served on the City’s
Environmental Board in 2015 and since moving back to the City, he expressed his strong desire to
continue serving the City in this capacity.
His application and the Environmental and Sustainability Board’s updated member roster are
attached.
Environmental Status:
Not applicable.
Strategic Plan Goal:
Community Engagement
Attachment(s):
1. Application for Appointment - Eric Bornstein
2. Membership Roster
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Application for Appointment to a Citizen
Commission, Board, Committee, or Task Force
Page 1
Last Name *First Name *Middle Initial Date *
Name of Board, Commission, Committee, or Task Force *
Length of Residency in Huntington Beach *
Occupation *
United States Citizen?*Currently Serving on a City Board
or Commission?*
Home Address:*
Phone Numbers
Personal
Type *(?)Number *
Phone Numbers
Business
Type (?)Number
Personal Email *
Bornstein Eric 5/9/2022
Environmental & Sustainability Board
4 years
Program Manager
Yes No
Yes No
City
Huntington Beach
State
CA
Postal / Zip Code
92647
Street Address
Address Line 2
cell
386
Page 2
Educational Background *
Professional Licenses and/or Associations *
Professional Experience *
Special Knowledge or Skills *
Civic Interests and/or Service Memberships?*
How will your qualifications best serve the citizen advisory group that you are applying for, and why do you wish
to serve on this group?*
It is the policy of the City Council to make appointments to the citizen commissions, boards, and committees,
based on the needs of the city, as well as the interests and qualifications of each applicant. Selection will be
made without discrimination based on the race, creed, gender, or sexual orientation of the applicant.
Additional information concerning a particular commission, board, committee, or task force or the application
process is available through the staff support department identified above. General questions can be directed to
Cathy Fikes, (714) 536-5553.
Bachelor of Science - Psychology
N/A
Currently manage Utility Commercial Energy Efficiency Program, previously managed Municipal Energy
Efficiency Program as well as previous Environmental Board member.
In-depth knowledge of utility regulations, energy efficiency. Professional/working knowledge of renewable energy
resources, electric vehicles, and related topics.
Previous member of the Environment & Sustainability Board - 2015.
As a technical-facing layperson in my professional life, I have considerable experience distilling the technical
issues surrounding energy and utility related subject matters for broader audiences. I believe this would be of
service to the Board.
387
City of Huntington Beach ENVIRONMENTAL & SUSTAINABILITY BOARD(As of 09-01-2022)MEMBERSHIP ROSTER COUNCIL LIAISONS: Dan Kalmick and Natalie MoserPLANNING COMMISSION LIAISONS: Oscar Rodriguez, Brendon Perkins (Alternative)MEMBER TITLE APPOINTED BY APPOINTMENT DATE TERM ENDS1Dan Kalmick, Council MemberChair City Council 12/21/2021 12/31/20242Natalie Moser, Council MemberVice Chair City Council 12/21/2021 12/31/20243Bud BennemanBoard Member Delgleize and Hardy 10/21/2019 6/30/20234KC FocklerBoard Member Delgleize and Hardy 10/21/2019 6/30/20235Kathleen McGowanBoard Member Delgleize and Hardy 10/21/2019 6/30/20236Joan SiegalBoard Member Delgleize and Hardy 10/21/2019 6/30/20237VACANT Board Member TBD TBD 6/30/2023388
City of Huntington Beach
2000 Main Street,
Huntington Beach, CA
92648
File #:22-705 MEETING DATE:9/6/2022
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Al Zelinka, City Manager
VIA:Sean Crumby, Director of Public Works
PREPARED BY:Darren Sam, Senior Traffic Engineer
Subject:
Adopt Resolution No. 2022-54 amending Residential Permit Parking District “L” affecting
residents on Freeborn Drive in Huntington Beach
Statement of Issue:
Residents on Freeborn Drive have petitioned the City to be included in Permit Parking District “L”.
Financial Impact:
The provisions of Chapter 10.42 of the Huntington Beach Municipal Code (HBMC) requires residents
seeking inclusion in a residential permit parking district to pay a proportionate share of the cost to
amend the district accordingly. Typical costs include but are not limited to: (1) installation of signs and
curb markings, which are initially funded in the General Fund Signs and Marking business unit
10085302, and (2) staff time to issue permits, which are funded in the General Fund Transportation
Management business unit 10085301. The total cost for this parking district amendment, which will
be incorporated into the permit fees, is estimated at $900.
Recommended Action:
Adopt Resolution No. 2022-54, “A Resolution of the City Council of the City of Huntington Beach
Amending Permit Parking District “L” Within the City of Huntington Beach.”
Alternative Action(s):
Do not approve the recommended action, and direct staff accordingly.
Analysis:
Permit Parking District L is located south of Warner Avenue and west of Edwards Street (Attachment
1). The parking district was established by City Council Resolution No. 2008-60 on September 15,
2008 and includes Edwards Street between Meadow Crest Drive and Freeborn Drive, and Meadow
Crest Drive between Edwards Street and Northfield Lane. The amendment consists of adding
Freeborn Drive between Edwards Street and Erwin Lane to Permit Parking District L due to on-street
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parking impacts from commuter vehicle parking. The current parking district and proposed
amendment areas are shown on Attachment 2.
As required by HBMC Chapter 10.42 Permit Parking Districts, staff reviewed the request, determined
the concerns of the residents were valid, and considered the proposed amendment area to be
reasonable. Per HBMC Chapter 10.42, ballots were sent the affected properties with 78% voting in
support of the permit parking district amendment. A minimum of 75% of the property units in favor of
the proposal is required to continue the evaluation.
As required by code, staff investigated the parking conditions on Freeborn Drive. Field reviews of the
area showed that Freeborn Drive between Northfield Lane and Edwards Street experiences parking
use from commuter vehicles with the highest parking occupancy occurring on the north side of
Freeborn Drive. The highest parking occupancy times on Freeborn Drive were observed to occur on
the weekends and evenings.
Based on the observed parking conditions and discussions with residents, staff recommends
amending Permit Parking District “L” to include Freeborn Drive between Edwards Street and Erwin
Lane. Staff believes findings can be made demonstrating that commuter vehicle parking
unreasonably and regularly interferes with the use of available street parking for residents or their
guests consistent with HBMC 10.42 requirements as a basis for establishing permit parking.
CIAB/Public Works Commission Action:
None Required.
Environmental Status:
The project is categorically exempt from CEQA.
Strategic Plan Goal:
Infrastructure & Parks
Attachment(s):
1. Vicinity Map
2. District L Map
3. District L Evaluation
4. Resolution 2022-54
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Proposed Permit Parking District L Amendment
Permit Parking District L was established by City Council Resolution No. 2008-60 on September 15,
2008 and consists Edwards Street (frontage road) between Freeborn Drive and Meadow Crest Drive,
and Meadow Crest Drive between Edwards Street and Northfield Lane. The initial proposed
amendment is to include Freeborn Drive between Edwards Street (frontage road) and Northfield Lane.
The location of the neighborhood is west of Edwards Street south of Warner Avenue and is shown on
the vicinity map below.
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Residents along Freeborn Drive have requested to be included in the Permit Parking District L. They
submitted a petition to add their addresses to District L due to on-street parking impacts from the
nearby apartments and condominiums with the same parking restrictions as the current district
(midnight to 6 a.m., every day, holidays included). Figure 1 shows the current and initial requested
permit parking areas for Parking District L.
Figure 1. Existing and Proposed Permit Parking Areas for Permit Parking District L
As required by Municipal Code Chapter 10.42, staff reviewed the request, determined the petition and
concerns of the residents were valid, and considered the proposed amendment area to be reasonable.
Due to the potential parking impacts moving to nearby streets should the requested permit parking
area be implemented, staff included Englewood Circle, Northfield Lane, and the first block of Erwin
Lane to vote on the proposal. The Municipal Code allows staff to modify the originally proposed
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boundaries of the proposal that may be affected by permit parking to provide the opportunity to be
included as if part of the original request. The streets selected to vote on potentially being added to
Parking District L are shown in Figure 2.
Figure 2. Streets Selected to Vote on Permit Parking Proposal
Staff prepared and mailed letters to the identified properties explaining the permit parking district
requirements, boundaries, and included ballots for voting on the parking district amendment.
Per Municipal Code 10.42 a minimum of 75% of the property units (1 vote per unit) shall be in favor of
the permit parking district amendment to move the request for further consideration. Of the 52
identified properties, 34 ballots were returned with 20 votes in favor of the permit parking district
amendment. The voting results are graphically summarized in Figure 3.
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Figure 3. Percent of Property Units in Support of Permit Parking
Englewood Circle, Northfield Lane, and the first block of Irwin Lane voting results showed limited
interest with establishing permit parking and were removed from consideration. On Freeborn Drive
between Irwin Lane and Northfield Lane 50 percent voted in favor of the proposal. The voting results
on Freeborn Drive between Northfield Lane and Edwards St showed the most interest with 92% of the
properties voting in support of permit parking. Combining the two street sections on Freeborn Drive
between Erwin Lane and Edwards St resulted in 78% in favor of permit parking.
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As required by code staff investigated the parking conditions on Freeborn Drive. The code requires
that facts exist that reasonably establish that unrestricted parking creates a situation in which the
subject streets cannot be used for regular parking by residents or their guests, or creates a situation
that commuter vehicles or their occupants produce significant sources of health, safety, or welfare
concerns to continue the process for further consideration. Below summarizes the on-street parking
information gathered from field surveys of the area.
Street No. Parked
Vehicles
Parking
Capacity
Percent
Occupancy
Freeborn Drive, north side (Northfield to Edwards) 6 11 55%
Freeborn Drive, south side (Northfield to Edwards) 4 14 29%
Freeborn Drive, north side (Erwin to Northfield) 3 6 50%
Freeborn Drive, south side (Erwin to Northfield) 2 6 33%
Table 1. Weekday AM Parking Survey
Street No. Parked
Vehicles
Parking
Capacity
Percent
Occupancy
Freeborn Drive, north side (Northfield to Edwards) 8 11 73%
Freeborn Drive, south side (Northfield to Edwards) 7 14 50%
Freeborn Drive, north side (Erwin to Northfield) 1 6 17%
Freeborn Drive, south side (Erwin to Northfield) 2 6 33%
Table 2. Weekday PM Parking Survey
Street No. Parked
Vehicles
Parking
Capacity
Percent
Occupancy
Freeborn Drive, north side (Northfield to Edwards) 9 11 82%
Freeborn Drive, south side (Northfield to Edwards) 8 14 57%
Freeborn Drive, north side (Erwin to Northfield) 2 6 33%
Freeborn Drive, south side (Erwin to Northfield) 1 6 17%
Table 3. Weekend AM Parking Survey
Street No. Parked
Vehicles
Parking
Capacity
Percent
Occupancy
Freeborn Drive, north side (Northfield to Edwards) 9 11 82%
Freeborn Drive, south side (Northfield to Edwards) 7 14 50%
Freeborn Drive, north side (Erwin to Northfield) 2 6 33%
Freeborn Drive, south side (Erwin to Northfield) 1 6 17%
Table 4. Weekday PM Parking Survey
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Analysis:
Field reviews of the area showed that the north side of Freeborn Drive between Northfield Lane and
Edwards Street experiences high parking use from commuter vehicles with the greatest demand
occurring on the weekend. This could be due to being more convenient as vehicles are most likely
arriving from the east from Edwards St and the north side is an area with an open parking segment
without driveways. On-street parking along the south portion is not as impacted as the north side but
appears some commuter vehicle parking occurs on the south side. For this parking district
amendment request the residents only expressed concerns with the commuter vehicle parking and the
availability of on-street parking for themselves and guests.
Municipal Code 10.42 requires that specific conditions shall exist for a parking district request to move
forward for consideration to the City Manager’s office. These include: unrestricted parking creates a
situation where on-street parking cannot be regularly used by residents and guests; or, unrestricted
parking by commuter vehicles produces significant sources of health, safety, or welfare concerns.
Based on the field evaluations and discussions with the residents staff finds that the unrestricted
parking on Freeborn Drive creates a situation where the commuter parking regularly interferes with
residents and their guests parking. Staff supports amending Permit Parking District L and recommends
adding the properties along Freeborn Drive between Erwin Lane and Edwards Street to the current
parking district (Figure 4). Of those 18 properties, 78% (14 of 18) voted in favor of permit parking due
to commuter vehicle parking impacts.
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Figure 4. Recommended Permit Parking Addition to Parking District L.
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City of Huntington Beach
2000 Main Street,
Huntington Beach, CA
92648
File #:22-648 MEETING DATE:9/6/2022
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Al Zelinka, City Manager
VIA:Scott M. Haberle, Fire Chief
PREPARED BY:Steve Eros, Deputy Fire Marshal
Bonnie To, Principal Administrative Analyst
Subject:
Adopt Resolution No. 2022-55 approving the street name change from Jason Circle to Revival
Circle in Huntington Beach
Statement of Issue:
City Council is requested to adopt a resolution to approve renaming Jason Circle to Revival Circle.
Financial Impact:
The applicant submitted a payment with the request and all proposed street name changes were
included, as referenced in City Specification No. 409: Street Naming and Address Assignment
Process - Public or Private. The applicant has paid in full the $170.66 fee to the City of Huntington
Beach. If City Council approves the street name change, the applicant is responsible for locating a
vendor who will remove the old signs, supply and install the new signs to meet the City specifications.
The applicant must pay the vendor directly for any and all fees associated with the removal, supply,
and installation of all street signs located at Jason Circle because it is a private street.
Recommended Action:
Adopt Resolution No. 2022-55, “A Resolution of the City Council of the City of Huntington Beach to
Approve the Name Change From Jason Circle to Revival Circle in Huntington Beach.”
Alternative Action(s):
1) Retain the original street name of Jason Circle, 2) request applicant to submit alternative street
names for consideration; or 3) direct staff accordingly.
Analysis:
Resolution No. 2390 designates the Fire Department as the agency authorized to select names for
new streets within the City. The owners of the buildings on 15272 Jason Circle and 15282 Jason
Circle requested for the street name change of Jason Circle to the following options:
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·Compass Circle
·Trolley Circle
·Revival Circle
In accordance to City Specification No. 409, the applicant provided a petition supporting the name
change signed by 75 percent of the property owners on that street. The Fire Department circulated
the application for street name change to the necessary City departments and government agencies
for feedback. Based on feedback received, Compass Circle and Trolley Circle sounded similar to
existing City street names Compass Lane and Jolly Lane. As such, the Fire Department is submitting
a Request for City Council Action for City Council to adopt a resolution to approve the street name
change from Jason Circle to Revival Circle. City Specification No. 409 also requires for a public
hearing to be set and notified. A Public Hearing Notice was published and is shown in attachments.
Environmental Status:
None.
Strategic Plan Goal:
Non Applicable - Administrative Item
Attachment(s):
1. Resolution No. 2022-55
2. Public Hearing Notice
3. Map
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Attachment 3: Map
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City of Huntington Beach
2000 Main Street,
Huntington Beach, CA
92648
File #:22-712 MEETING DATE:9/6/2022
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Al Zelinka, City Manager
VIA:Ursula Luna-Reynosa, Director of Community Development
PREPARED BY:Charles Kovac, Housing Manager
Subject:
Approve and authorize the formation of a Tenant Based Rental Assistance (TBRA) Program
for eligible senior mobile home owners
Statement of Issue:
On June 21, Councilmembers Kalmick and Moser brought forward a proposal to implement a Tenant
Based Rental Assistance (TBRA) Program to provide rent relief for very low-income senior mobile
home owners. After discussion, the City Council directed staff to research other similar programs and
identify best practices, potential partners, funding mechanisms, and program framework that will
adhere to all federal regulations, and return to City Council for further consideration of the proposed
program.
City staff has conducted extensive research of existing mobile home TBRA programs offered in
Fullerton and Anaheim, and the states of Florida and Nevada to review and develop best practices for
the proposed Mobile Home Tenant Based Rental Assistance (MHTBRA) Program. Staff also met with
the Mobile Home Advisory Board (MHAB) on July 25 to seek input on the proposed MHTBRA. The
MHAB recommended the City Council approve the MHTBRA (by a 7-1-1 vote) and further
recommended the City Council identify a permanent funding source for the new program.
The City currently offers TBRA for individuals and families that are homeless or at risk of
homelessness through the federal HOME Investment Partnerships Program (HOME). This TBRA
program is administered by two nonprofit partners: Families Forward and Mercy House. After
reviewing federal TBRA guidance and speaking directly with representatives from the United States
Department of Housing and Urban Development (HUD), staff has determined that TBRA can also
assist eligible very-low income senior mobile home owners. Similar to the City’s existing
homelessness prevention TBRA program, this MHTBRA program would provide participating
households temporary monthly rental assistance for up to two years.
The City has approximately $391,000 of carryover HOME funds from fiscal year 2021-22. These are
unspent TBRA funds from last year and are available for the proposed MHTBRA program. In
addition, the City has $78,000 in unallocated Community Development Block Grant (CDBG) funds
available for program administration and $65,000 for mobile home rehabilitation grants to help homeCity of Huntington Beach Printed on 8/31/2022Page 1 of 4
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available for program administration and $65,000 for mobile home rehabilitation grants to help home
owners pass the HUD-required property inspection described more fully below.
Should the City Council approve the proposed MHTBRA utilizing these HOME and CDBG funds, the
City’s 2020-24 Consolidated Plan and 2022-23 Annual Action Plan must be amended by the City
Council and subsequently approved by HUD. Following a HUD-mandated 30-day public review
period, the earliest the amendments can be considered by the City Council would be at its meeting
on October 18. The program could commence in early 2023 following a 45-day HUD review period
and solicitation of a service provider to administer the program.
Financial Impact:
The recommended action by itself does not have a financial impact. Should the City Council approve
the proposed MHTBRA program, staff will return with a recommendation to allocate approximately
$391,000 in HOME and $143,000 in CDBG to fund the new program.
Recommended Action:
A) Approve the proposed Mobile Home Tenant Based Rental Assistance Program for eligible very-
low income senior mobile home owners to provide rental assistance for space rent; and,
B) Direct staff to return to City Council for approval of the following: 1) Amendment No. One to the
2022-23 Annual Action Plan; 2) Amendment No. Three to the 2020-24 Consolidated Plan; 3)
MHTBRA Program Guidelines and Operating Procedures; and 4) Amendment No. One to the City’s
Residential Rehabilitation Program Guidelines
Alternative Action(s):
Do not approve the MHTBRA Program and direct staff accordingly.
Analysis:
The City Council is considering implementing a MHTBRA program that would assist eligible very-low
income senior mobile home owners to complement the City’s existing TBRA program that currently
assists individuals and families that are homeless or at-risk of homelessness. The existing TBRA
program would continue and would not be impacted by the new MHTBRA program.
The new MHTBRA program would ideally serve senior mobile home residents aging in place who are
experiencing unanticipated rent increases making it difficult to pay for rent and other living expenses.
This program would enable the City to provide monthly rental assistance up to two years to eligible
senior mobile home owners to pay for a portion of their space rent. Per HUD-regulations, program
funds may not be used to pay back-rent or mortgage expenses.
For purposes of participating in the City’s MHTBRA Program, an eligible senior (62 years of age or
older) mobile home owner must qualify as very low-income and the household must not receive other
governmental rent subsidies. By definition, very low-income is a household that has an adjusted
annual income that does not exceed 50% of the Area Median Income (AMI), adjusted for family size,
as established by HUD (for Huntington Beach, the very-low income, two person household limit is
$54,200 for 2022).
In addition to these minimum qualifications, the City can choose to implement local preferences to
serve certain residents first. During its discussion of the proposed program, the City Council favored
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serve certain residents first. During its discussion of the proposed program, the City Council favored
enacting a local preference for military veterans. After reviewing best practices for veteran
preferences, staff recommends defining a veteran as a person who served in the active military,
naval, or air service, and who was discharged or released under honorable conditions or conditions
other than dishonorable.
After considering City Council and MHAB comments, staff recommends the following additional local
preferences to ensure those most in need of assistance have the opportunity to be served first:
·Households that are extremely low-income (30% of AMI or less; maximum of $32,550
for household of two persons).
·Households that are paying 50% or more of gross income for space rent.
If an applicant were to be an extremely low-income veteran paying more than 50% of their income for
rent, they would rise to the top of the list to be assisted. Applicants with two preferences would be
next, then applicants with one preference, and last would be applicants with no preference.
In order to make sure the program addresses the City Council’s objective of serving mobile home
seniors aging in place, staff also recommends the following additional qualifying criteria:
·Households must own their mobile home and rent their space;
·The mobile home must be located in a mobile home park in the City of Huntington
Beach;
·The household must include at least one member who is a senior age 62 years or older,
who has resided in their mobile home for at least one year; and
·The minimum rental assistance will be $75 per month.
Rental assistance under the MHTBRA program would be very similar to the City’s existing TBRA
program. First, City staff (or a selected service provider) will review income and other necessary
documentation to determine eligibility. Staff will also review the household’s space lease agreement
to verify the amount of rent paid on a monthly basis is reasonable and less than the fair market rent
standard established by HUD (for 2022, the fair market rent standard in Huntington Beach is $2,324).
All participating households are required to pay 30% of their gross monthly income for space rent,
and the City then subsidizes the difference up to the fair market rent standard. If the household’s rent
exceeds the fair market rent standard, they must pay the amount above this limit.
Once program eligibility has been determined, the participating household’s mobile home will need to
be inspected to ensure that it meets federally established housing quality standards. Any
deficiencies must be corrected before rental assistance can begin. In speaking with other cities
operating similar programs, most older mobile homes require some amount of corrections to pass
inspection. For this reason,and because the population to be served by this program may not have
the financial resources to make necessary repairs, staff is proposing a modification to the City’s
existing CDBG-funded Housing Rehabilitation Program to provide small grants up to $2,000 to cover
the cost of minor repairs.
With the initial available HOME funding of approximately $391,000 and applying a citywide average
space rent of $1,839 (based on an informal survey of mobile home parks), staff estimates 30
households can be assisted for one year (12 months). This number will be higher or lower
depending on actual gross income and space rent of the households served. Participating
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depending on actual gross income and space rent of the households served. Participating
households will enter into a rent payment reimbursement contract with the City for assistance up to
one year with a possible one-year extension depending on continuing eligibility and program funding.
Participating households will then provide proof of their space rent payment to the City and the City
will reimburse their monthly subsidy amount.
Assistance may be terminated upon any of the following disqualifying factors:
·The household is no longer income eligible (i.e., income exceeds 50% of AMI adjusted
per household size);
·The household fails to complete the eligibility recertification process;
·The household no longer resides in the eligible mobile home unit on a full-time basis; or
·The household fails to pay their space rent.
Staff recommends giving interested households up to four weeks to register for an initial interest list
to be sure everyone that is interested is aware of the program. Information to be collected will include
all information necessary to assess program eligibility as well as for all preferences. Demand for the
program is expected to exceed the number of households that can be served with available funding,
so staff recommends using a lottery to establish the waitlist. Once the lottery order has been set, the
City (or a selected service provider) will contact the households to begin the eligibility verification
process.
Environmental Status:
Pursuant to CEQA Guidelines Section 15378(b)(4), government fiscal activities that do not result in a
physical change in the environment, and do not commit the lead agency to any specific project, do
not constitute a project. Therefore, these activities are exempt in accordance with CEQA Guidelines
Section 15060(c)(3).
Since federal dollars (CDBG and HOME) are being used for the proposed TBRA Program activity,
National Environmental Policy Act (NEPA) compliance will be required prior to execution of funding
agreements and disbursement of funds. The City will complete all NEPA Compliance for the
approved TBRA Program activity prior to the start of the program (estimated January 1, 2023).
Strategic Plan Goal:
Economic Development & Housing
Attachment(s):
None
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City of Huntington Beach
2000 Main Street,
Huntington Beach, CA
92648
File #:22-733 MEETING DATE:9/6/2022
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Al Zelinka, City Manager
VIA:Chris Slama, Director of Community & Library Services
PREPARED BY:Chris Slama, Director of Community & Library Services
Subject:
Consider a request from Pacific Airshow event organizer, Code Four, to approve a subsidy for
the September 30 through October 1, 2022 event, as well as a deferred payment schedule for
fees and charges due to the City
Statement of Issue:
The City of Huntington Beach has been contacted by Code Four, the event organizer of the Pacific
Airshow, requesting a subsidy be approved as part of the permitting process, as well as a deferred
schedule for payment of fees and charges due to the City.
Financial Impact:
The proposed subsidy could be similar to the past City Council-approved amount of up to $110,000,
which is based on a share of the actual parking and HB RV Campground revenues collected during
the three-day event and would be used to offset a portion of the direct event staffing costs.
Preliminary analysis indicates that the estimated 2022 airshow direct event staffing costs for Police,
Fire, Marine Safety, and Public Works total $134,366. Please note that this amount is an estimate
and that final costs may fluctuate based on the actual staffing needs during the event.
In addition to the $134,366 in staffing costs, Code Four expenses due to the City include $17,797 for
various permit fees, $40,800 in estimated reserved parking space charges used for event production
staging and VIP purposes (240 spaces x 17 days x $10), and $64,000 for reserved HB RV
Campground sites to be sold and packaged by the organizer (40 sites x $1,600), totaling $256,963.
Approval of a subsidy of up to $110,000 would reduce Code Four’s bottom line costs from $256,963
to $146,963 as has been approved by City Council in prior years to offset direct staffing event costs .
Original Amount $256,963 Owed to City by Code Four
Less $110,000 Share of Parking Revenue Subsidy
Adjusted Amount $146,963 Reduced Amount (with Subsidy)
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Should the City Council decide to approve the $110,000 maximum subsidy, the General Fund would
lose that same amount in potential revenue for the three-day event. However, at the same time, it
should be understood that prior to the event, typical pre-airshow parking revenues during similar
weekends average $41,000. Therefore, while the General Fund would lose up to $110,000 in
estimated revenue, a potential gain of $42,532 (over and above the pre-airshow typical weekend) is
possible depending on actual revenues, even if a subsidy of up to $110,000 is approved as shown
below.
2022 Event $193,532 Estimated Event Parking & HB RV Camping Revenue
Less $ 41,000 Average Pre-Airshow Parking
Less $110,000 Maximum Parking Share Subsidy
Balance $ 42,532 Potential General Fund Gain
Code Four is also requesting a deferred schedule for payment of fees and charges due to the City.
Per Section 13.54 of the Huntington Beach Municipal Code relating to Specific Events, all direct costs
for any event, including staffing, operational set-up and tear-down fees, as well as various permit and
reserved parking space charges, are to be paid by the organizer at least 30 days prior to the event
date.
Recommended Action:
A) Consider Code Four’s request for a subsidy, and based on previous approvals, grant up to
$110,000 in parking and camping revenue for the 2022 event to cover a portion of direct staffing
expenses and direct staff to transfer said amount;AND/OR,
B) Consider Code Four’s request to delay the portion of the fees and charges due related to direct
City event staffing and auto parking spaces, to be invoiced to Code Four following reconciliation of
actual costs and due to the City by November 15, 2022. Require payment of the $17,797 in permit
fees and $64,000 in HB RV Campground site revenue prior to the event per the Huntington Beach
Municipal Code;OR,
C) Deny Code Four’s subsidy request and direct staff to require full payment of all fees, charges, and
HB RV Campground site revenue in the amount of $256,963 no later than September 23, 2022.
D) Provide any direction City Council deems appropriate regarding financial support of future air
show events.
Alternative Action(s):
Do not approve the recommended actions and consider alternative options.
Analysis:
History of the Pacific Airshow
In 2016, the inaugural year of the Airshow, the City Council adopted Resolution No. 2016-65, which
allowed for the increase of parking fees to help offset direct staffing costs owed by the event
organizer. In 2017, the City Council adopted Resolution No. 2017-44, which once again temporarily
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raised parking rates in the south beach lots and the main Promenade Parking Structure to generate
additional revenues to be used in support of the event. In 2018, the City Council adopted Resolution
No. 2018-48, which made the parking rate modifications for the Airshow permanent. In 2019, the City
Council unanimously approved the parking offset “subsidy” to no more than $110,000. This amount
was contingent on actual parking revenues.
The 2022 event will be the sixth year the City hosted an airshow and the fourth year that Code Four
will be the organizer of the event. Each year Code Four has requested that the City waive related
permit fees and provide a parking subsidy to reduce their event costs. To date, the City has waived
$86,425 in permit related fees and provided $296,094 in parking offset revenues. This includes
approximately 200+ reserved parking spaces each year at no cost to utilize for both set-up and
staging areas, as well as event related VIP and production staff parking.
Code Four’s reasons for their waiver requests focus on the direct economic benefits that the City
receives on a community-wide basis, as well as the international recognition Huntington Beach
receives as a destination airshow for people who know (and fly in) airshows.
The table below provides detailed information regarding anticipated Code Four expenses. As shown,
without any fee waivers or subsidies, Code Four owes the City $256,963 in estimated expenses. If a
$110,000 maximum subsidy is approved by the City Council, Code Four expenses will be reduced
from $256,963 to $146,963, with the $110,000 being applied to the estimated direct staffing costs
since these costs fluctuate based on actual event needs.
CODE FOUR ORGANIZER ESTIMATED EXPENSES
Permit Fees
Application Fee $ 450
Daily Set-Up/Take-Down Fee $ 9,450
Permit Fee $ 4,050
Pollution Prevention $ 400
Main Street Banners $ 657
Pennant Banners $ 2,790
Subtotal $17,797
Estimated Direct Event Staffing Costs
Police $ 48,000
Fire $ 9,876
Beach Maintenance $ 5,768
Marine Safety $ 69,990
Public Works/ Electrician $ 732
Subtotal $134,366
Estimated Reserved Event Parking Space Fees
Estimated 240 spaces @ $10 x 17 days$ 40,800
Subtotal $ 40,800
HB RV Campground Sites
40 RV sites x $1,600 $ 64,000
Subtotal $ 64,000
TOTAL AMOUNT OWED $256,963
Less up to maximum $110,000 $110,000
ADJUSTED TOTAL AMOUNT OWED$146,963
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CODE FOUR ORGANIZER ESTIMATED EXPENSESPermit FeesApplication Fee $ 450Daily Set-Up/Take-Down Fee $ 9,450Permit Fee $ 4,050Pollution Prevention $ 400Main Street Banners $ 657Pennant Banners $ 2,790Subtotal$17,797Estimated Direct Event Staffing CostsPolice$ 48,000Fire$ 9,876Beach Maintenance $ 5,768Marine Safety $ 69,990Public Works/ Electrician $ 732Subtotal$134,366Estimated Reserved Event Parking Space Fees
Estimated 240 spaces @ $10 x 17 days$ 40,800
Subtotal $ 40,800
HB RV Campground Sites
40 RV sites x $1,600 $ 64,000
Subtotal $ 64,000
TOTAL AMOUNT OWED $256,963
Less up to maximum $110,000 $110,000
ADJUSTED TOTAL AMOUNT OWED$146,963
In conclusion and as part of the deliberation and decision making process, staff is recommending that
regardless of the final actions taken by the City Council regarding this request, that at a minimum,
Code Four pay the $17,797 in permit fees and the $64,000 in HB RV Campground sites by
September 15, 2022. Under this scenario, the balance of fees and charges will be billed within 30
days after the event and Code Four would be required to pay all final amounts by November 15,
2022.
Also, it should be noted that the maximum $110,000 shared parking subsidy discussed in this staff
report is associated with the 2022 event only. Therefore, should the City desire to continue to host
the Pacific Airshow event in future years, City Council may also wish to make clear via this action or
its comments under what circumstances, if any, the City would entertain further support for 2023 and
beyond.
Environmental Status:
Not applicable.
Strategic Plan Goal:
Non Applicable - Administrative Item
Attachment(s):
Not applicable.
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City of Huntington Beach
2000 Main Street,
Huntington Beach, CA
92648
File #:22-398 MEETING DATE:9/6/2022
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Al Zelinka, City Manager
VIA:Sean Crumby, Director of Public Works
PREPARED BY:Chau Vu, Deputy Director of Public Works
Subject:
Approve for Introduction Ordinance No. 4261 authorizing the assignment of a Franchise
Agreement with Focus Media Group for Transit Shelter Services
Statement of Issue:
The City’s franchise agreement with Clear Channel Outdoor for the installation, operation and
maintenance of transit advertising services expired on September 8, 2019. Staff solicited proposals
through a competitive Request for Proposal (RFP) process and determined that Focus Media Group
is the highest ranked firm based upon evaluation criteria and effective maintenance program via GPS
based tracking. Staff is recommending a franchise agreement with Focus Media Group to implement
a comprehensive street furniture program that includes enhanced maintenance services on City-
owned street furniture and an advertising program within limits of Huntington Beach.
Financial Impact:
The City will receive a minimum annual guarantee payment of $120,000 plus 25% revenue share on
any wrapped advertisement. No minimum expenditures are required with this franchise. As such, no
additional funding is required by this action.
Recommended Action:
A) Approve and authorize the Mayor and City Clerk to execute a “Franchise Agreement Between
City of Huntington Beach and Focus Media Group Inc., for Transit Shelter Services;” and,
B) Approve for introduction Ordinance No. 4261, “A Non-Codified Ordinance of the City of
Huntington Beach Providing Consent to the Assignment of the Transit Shelter Services Franchise to
Focus Media Group, Inc.”
Alternative Action(s):
Do not authorize the franchise agreement, and direct staff accordingly. Inaction will result in a loss of
potential revenue.
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Analysis:
There are 409 Orange County Transportation Authority (OCTA) bus stops located throughout the
arterial streets in the City of Huntington Beach. These bus stops have either a bus shelter or bus
bench, which serve as spaces for various advertisements. Of these bus stops, there are 183
benches and 150 bus shelters with trash cans. These shelters provide the public with protection from
the environment while waiting for the OCTA bus system.
On February 15, 2022, the City advertised a Request for Proposals (RFP) for management and
operations of bus shelters/bus bench advertisements and its facilities. The contractor is required to
implement a comprehensive street furniture program that includes enhanced maintenance services
on City-owned street furniture and an advertising program within limits of Huntington Beach. The
scope of services include providing day-to-day operational supervision and personnel management,
project management, and maintenance expertise necessary to operate the program; providing
knowledgeable staff capable of selling advertising at all bus benches and bus shelter kiosks;
providing adequate numbers of street furniture to meet the needs of bus patrons and residents and to
ensure that all street furniture and access abides by State and Federal American with Disabilities Act
(ADA) requirements; and providing cleaning and maintenance of the street furniture.
On March 30, 2022,the City received three (3) proposals from the following firms:
1. Focus Media Group, Inc.
2. Clear Channel Outdoor
3. Creative Outdoor Advertising
Proposals were then evaluated and ranked by a review board, which identified the top firm. Focus
Media Group (FMG) was the highest ranked firm based upon the company’s commitment to
beautifying and enhancing transit furniture, effectively meeting the City’s maintenance and
rehabilitation needs which includes a GPS maintenance tracking software, positive work history and
past performance. FMG has active contracts with the cities of Fountain Valley, Westminster, Garden
Grove, Stanton, Santa Ana and Huntington Beach. They have in-house crews located in Fullerton
and are quick to respond to any service requests. Their proposal will include 124 bus shelters and
233 bus benches, which is a net increase of 24 fixtures. In addition to being the highest ranked firm,
FMG proposed the best value to the City by offering a guaranteed minimum revenue of $120,000 per
year, plus 25% revenue share on wrapped advertisement, an initial capital investment of $533,000
and annual maintenance value of $258,700. Finally, FMG has proposed a community benefit that
sets them apart from the competition by offering job opportunities for the homeless in Huntington
Beach through the Navigation Center.
Public Works Commission Action:
Not applicable.
Environmental Status:
Not applicable.
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File #:22-398 MEETING DATE:9/6/2022
Strategic Plan Goal:
Infrastructure & Parks
Attachment(s):
1. Ordinance No. 4261
2. Franchise Agreement Between the City of Huntington Beach and Focus Media Group for Bus
Shelter and Bus Benches Program
3. Award Analysis - Bus shelter and bus benches services
4. Certificate of Insurance - Focus Media Group
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AWARD ANALYSIS
SERVICE: Bus Shelter and Bus Benches Franchise
SERVICE DESCRIPTION: Management and operations of bus shelters/bus bench
advertisements and facilities.
VENDOR: Focus Media Group
OVERALL RANKING: 1 out of 3
SUBJECT MATTER EXPERTS/RATERS:
1. Deputy PW Director – Transp & Eng 2. Transportation Manager 3. Operations Manager
I. MINIMUM QUALIFICATIONS REVIEW
Written Proposal Score: Avg. of 463
VENDOR NAME – Minimum Qualifications Review
Criteria
Total Weighted
Score
Maximum
Score
Compliance with RFP 24 25
Technical Approach 121 125
Proposed Methodology 121 125
Qualification/Experience 117 125
Cost 33 50
References 47 50
Total 463 500
II. DUE DILIGENCE REVIEW
Focus Media Group – Summary of Review
Detailed survey on ridership data, detailed
project phase schedule, mobile app for tracking,
refs from FV, WMSTR, Stanton, SA, HB
Focus Media Group – Pricing
$120K MAG + 25% revenue on shelter wraps
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AWARD ANALYSIS
SERVICE: Bus Shelter and Bus Benches Franchise
SERVICE DESCRIPTION: Management and operations of bus shelters/bus bench
advertisements and facilities.
VENDOR: Creative Outdoor Advertising
OVERALL RANKING: 2 out of 3
SUBJECT MATTER EXPERTS/RATERS:
1. Deputy PW Director – Transp & Eng 2. Transportation Manager 3. Operations Manager
I. MINIMUM QUALIFICATIONS REVIEW
Written Proposal Score: Avg. of 290
VENDOR NAME – Minimum Qualifications Review
Criteria
Total Weighted
Score
Maximum
Score
Compliance with RFP 13 25
Technical Approach 113 125
Proposed Methodology 75 125
Qualifications/Experience 54 125
Cost 22 50
References 13 50
Total 290 500
II. DUE DILIGENCE REVIEW
COA – Summary of Review
impressive new work order system and GPS ID,
good customer tracking service;
COA – Pricing
$41,940/yr just on benches; only gave bench unit
price $180; 10% net on bus shelter ads revenue
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AWARD ANALYSIS
SERVICE: Bus Shelter and Bus Benches Franchise
SERVICE DESCRIPTION: Management and operations of bus shelters/bus bench
advertisements and facilities.
VENDOR: Clear Channel Outdoor
OVERALL RANKING: 3 out of 3
SUBJECT MATTER EXPERTS/RATERS:
1. Deputy PW Director – Transp & Eng 2. Transportation Manager 3. Operations Manager
I. MINIMUM QUALIFICATIONS REVIEW
Written Proposal Score: Avg. of 283
VENDOR NAME – Minimum Qualifications Review
Criteria
Total Weighted
Score
Maximum
Score
Compliance with RFP 13 25
Technical Approach 71 125
Proposed Methodology 63 125
Qualifications/Experience 75 125
Cost 33 50
References 28 50
Total 283 500
II. DUE DILIGENCE REVIEW
Clear Channel Outdoor – Summary of Review
refurbishment starts 90 days, then between first
5 years of 10-year term; no maintenance
program or schedule; CCO is incumbent yet no
references from HB.
Clear Channel Outdoor – Pricing
COO offers MAG at $250k annually; 6th YR goes
to $275k
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City of Huntington Beach
2000 Main Street,
Huntington Beach, CA
92648
File #:22-713 MEETING DATE:9/6/2022
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Al Zelinka, City Manager
VIA:Scott M. Haberle, Fire Chief
PREPARED BY:Kevin Justen, Senior Administrative Analyst
Subject:
Approve for introduction Ordinance No. 4266 amending Chapter 15.32 of the Huntington
Beach Municipal Code relating to nonproducing and idle oil wells
Statement of Issue:
The City Council is requested to approve for introduction an Ordinance to amend Chapter 15.32 of
the Huntington Beach Municipal Code relating to abandoned and idle oil wells. This Ordinance will
include requirements that developers must comply with City of Huntington Beach Specification
Number 422, which stipulates requirements in the oil well abandonment permit process. This
Specification was recently updated to allow development of a parcel without re-abandoning any
onsite oil wells as long as the wells remain accessible.
Financial Impact:
Not applicable.
Recommended Action:
Approve for introduction Ordinance No. 4266, “An Ordinance of the City Council of the City of
Huntington Beach Amending Chapter 15.32 of the Huntington Beach Municipal Code Relating to
Nonproducing and Idle Wells.”
Alternative Action(s):
Do not approve the Ordinance, and direct staff accordingly.
Analysis:
Proposed Ordinance Number 4266 (Attachment 1) would revise Sections 15.32.090 and 152.32.100
of the Huntington Beach Municipal Code. These sections include oil well abandonment requirements
for development or redevelopment of parcels.
The revision of these sections requires developers to comply with City Specification Number 422.
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File #:22-713 MEETING DATE:9/6/2022
This Specification was recently updated and allows development of a parcel without reabandoning
any onsite oil wells, as long as the wells remain accessible. This would encourage developers to not
develop over an existing oil well, while allowing access to oil wells in the event that they leak.
A Legislative Draft showing the proposed revisions to Huntington Beach Municipal Code Sections
15.32.090 and 100 is shown as Attachment 2.
Environmental Status:
None.
Strategic Plan Goal:
Economic Development & Housing
Attachment(s):
1. Ordinance No. 4266
2. Legislative Draft HBMC Chapter 15.32 Abandonment Requirements - Development or
Redevelopment
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City of Huntington Beach
2000 Main Street,
Huntington Beach, CA
92648
File #:22-714 MEETING DATE:9/6/2022
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Al Zelinka, City Manager
VIA:Scott M. Haberle, Fire Chief
PREPARED BY:Kevin Justen, Senior Administrative Analyst
Subject:
Approve for introduction Ordinance No. 4260 amending Chapter 17.56 of the Huntington
Beach Municipal Code relating to the Fire Code
Statement of Issue:
The City Council is requested to approve an ordinance to amend Chapter 17.56 of the Huntington
Beach Municipal Code relating to the Fire Code. This ordinance will add clarifying language
regarding allowable exceptions for fire apparatus access road requirements.
Financial Impact:
Not applicable.
Recommended Action:
Approve for introduction Ordinance No. 4260, “An Ordinance of the City Council of the City of
Huntington Beach Amending Chapter 17.56 of the Huntington Beach Municipal Code Relating to the
Fire Code.”
Alternative Action(s):
Do not approve the Ordinance, and direct staff accordingly.
Analysis:
Ordinance No. 4260 (Attachment 1) would revise Section 17.56 of the Huntington Beach Municipal
Code. This section currently allows the Fire Code Official to deviate from existing Fire Code
requirements for fire apparatus roads, but does not provide specifics regarding when or how
deviations may occur.
After reviewing Fire Department operational tactics, and consulting with fire suppression staff, the
proposed revision was created to add clarifying language to provide the Fire Code Official and
potential developers with the specific requirements for exceeding the current 150 foot access
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standard currently listed in this section. This requirement relates to the distance from the fire
apparatus access road to all portions of the facility.
The Department receives multiple requests each year to deviate from this section of the Code and an
Alternate Materials and Methods proposal is required for every request. This revision will allow
potential developers to meet the requirements for exceeding the 150 foot distance without the need
to submit an Alternative Materials and Methods proposal. The maximum distance will be 200 feet
and a number of additional conditions must be met to ensure public safety.
A Legislative Draft showing the revisions to Huntington Beach Municipal Code Section 17.56.120 is
shown as Attachment 2.
Environmental Status:
None.
Strategic Plan Goal:
Non Applicable - Administrative Item
Attachment(s):
1. Ordinance No. 4260
2. Legislative Draft HBMC Chapter 17.56 Buildings and Facilities, Amended
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City of Huntington Beach
2000 Main Street,
Huntington Beach, CA
92648
File #:22-726 MEETING DATE:9/6/2022
Submitted by Councilmember Moser - Establishing Rules of Order and Procedure for City
Council Business
City Council to provide input on the topics that are important for inclusion in the Rules of Order and
Procedure and to request that the City Manager prepare a draft set of Rules of Order and Procedure
for City Council’s consideration on or before the first meeting in November 2022.
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CITY OF HUNTINGTON BEACH
CITY COUNCIL MEETING – COUNCIL MEMBER ITEM REPORT
TO: The Honorable Mayor and City Council
FROM: Natalie Moser, City Council Member
DATE: September 6, 2022
SUBJECT: Establishing Rules of Order and Procedure for City Council Business
Charter Section 304(c) authorizes the City Council to “establish rules for the conduct of its
proceedings…” These rules, which are often referred to as Rules of Order and Procedure, would
govern City Council business and provide a guide that Council Members, staff, and members of
the public could easily access and follow. Establishing such rules not only promotes consistency,
but also transparency between the City and the community.
In 1961, the City Council adopted its first set of Rules, which were centered on voting procedures
for the City Council. Over the following 15 years, the City Council amended the Rules as needed,
adding other provisions to help conduct its business consistently and to provide a roadmap for
future City Councils to build upon. Amendments to the Rules included provisions such as the
procedure to make motions or nominate officers (see Attachment 1). In September 1976,
however, the Council repealed the Rules and incorporated them into a Council Manual
(Attachment 2).
Since then, the Council Manual has evolved into a compilation of reference documents, and the
Rules themselves are spread out across 8 out of 13 sections in the Manual (Attachment 3). While
the Manual is helpful, there are gaps in its contents. For ease of use and clarity, the sections on
Rules could be a focus of revision and reconsideration as a standalone “Rules of Order and
Procedure for City Council Business” by the City Council. Once adopted by resolution, it can be
included in an updated City Council Manual along with other important reference materials to
benefit the City Council in conducting its business.
The Rules, like all guiding principles, require a comprehensive review and update, as needed, to
ensure: 1) they reflect best practices and 2) include any new or amended provisions that would
promote consistency and transparency in City Council business. The “Rules of Order and
Procedure for City Council Business” would be a comprehensive guide, helpful to both existing
and newly elected City Councilmembers.
This proposed process could include a review of the City Charter, Municipal Code, and
Resolutions of the City of Huntington Beach, as well as other laws (i.e. Brown Act) and current
practices of the Huntington Beach City Council. Rules of Order and Procedures in comparable
charter cities may also be reviewed. Based on a brief survey of other cities’ Rules, I’ve identified
potentially topics that could make the Rules more robust:
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Rules of Order and Procedure
September 6, 2022
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• Roles and duties: Mayor, Mayor Pro Tem, Council Members, appointed officers, staff
• Rules of decorum and conduct for and between: elected officials, appointed officials,
staff, and the public
• Facilitating public comments: purpose, sign up and queueing process, time limits,
circumstances that allow for limited dialogue between the City Council and public
commenters, topics that can be addressed, use of signs and other props, distribution of
multimedia materials to staff and Council, and procedures to manage disorderly behavior
• Meeting types, schedules, and procedures: regular meetings, special meetings,
emergency meetings, study session, closed session, public hearings, and strategic
planning workshop; cancelations, quorums, adjournments, recesses, etc.
• Meeting agendas and procedures: types of agenda items, requirements for their
submittal, supplemental communications from the City and the public, preparation and
distribution of the agenda packet, deadlines to post and distribute the agenda, exceptions
• Order of business: roll call, pledge of allegiance, invocation, presentations and awards,
attendance, order of discussion, public comments, consent calendar, administrative
items, H-items, Council comments, etc.
• Accessibility of Council Meetings: in-person, online, telephone, HBTV, recordings, etc.
• Rules of debate and deliberations
• Council Committees and ad hoc subcommittees: responsibilities, expectations, reporting,
formation and dissolution
• Board, Committee, and Commissions: responsibilities, expectations, meeting
management, appointments, reappointments, removals, vacancies, and dissolution
• Procedures for making City Council requests for staff support
• Election activities guide
• Administrative matters: attendance, correspondence, participation in outside boards,
communicating with the public, issuing proclamations, participation in events and
conferences, required trainings, etc.
• Rules of interaction and involvement with outside agencies and the media
• Understanding and addressing conflicts of interest
• Rosenberg’s or Robert’s Rules of Order
• Enforcement and/or suspension of the Rules of Order and Procedure
All provisions in the Rules would need to be in conformance with existing regulations, including
but not limited to the City Charter, Municipal Code, and Administrative Regulations. The Rules
should also be updated by Resolution on a scheduled basis or as needed. This will help ensure
that they continue to meet the evolving needs of the Huntington Beach City Council and
community.
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September 6, 2022
Page 3 of 3
RECOMMENDED ACTION
I would like to request that City Council provide input on the topics that are important for
inclusion in the Rules of Order and Procedure and to request that the City Manager prepare a
draft set of Rules of Order and Procedure for City Council’s consideration on or before the first
meeting in November 2022. The intent would be to provide feedback on the draft in the first
meeting in November 2022 and request the City Manager to work with the City Attorney to
prepare a Resolution for adopting the Rules of Order and Procedure by the second meeting in
November 2022.
Attachments:
1. 1961-1976 Council Rules and Procedures
2. 1976 City Council Manual
3. 2022 City Council Manual
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Council Manual
Material Provided By: City of Huntington Beach; Institute for Local Government (ILG)
Table of Contents
CITY OF HUNTINGTON BEACH INFORMATION
Foreword ………...……………………………………………………………………………………………………………………………………..………………...…………4
City Charter ……...……………………………………………………………………………………………………………………………………..………………...…………5
Organization Chart – from Adopted FY 2021/22 Budget ………………….……………………….…………………………………….…..………. 28
Council Meetings and Parliamentary Procedure……………………………………………………………………………..………….………..…………30
The Agenda Process ………………..………………………………………………………………………………………………………………………….…..……...…35
Procedure for Selection of Mayor Pro Tem …………………………..…………………………………….………………….……………………….…..…38
Code of Ethics ……………………………………..…………………………………………….………………….……………………………….……….……………..……40
Required Trainings (AB 1234 Ethics; AB 1661 Sexual Harassment Prevention)……………………………………....……………………45
AR 509 - Social Media Policy……………………………..…………………………………………….………………….………….…….……….……………..……52
Statewide Ballot Propositions, Appeal of Planning Decisions,
Guidelines for Representing the City at Conferences or Other Such Meetings..……………………………………………………57
Appointments to Boards, Commissions and Committees ……………………………………………….......………………..…..…………………65
Statement of Economic Interests – Form 700 Reporting ………………..………………….……………………………………..…………………..85
Conflict of Interest Map ………………………………………………………………………………………………………………………….......……………….…116
General Rules for Gifts and Honoraria …………………………………..………..………………….……………………………………..……………….…118
New Mayor Protocol Handbook (includes current Council Liaison List) ……………………………………………….……………….…..120
ILG RESOURCES
RESPONSIBILITIES AND POWERS
Types and Responsibilities of Local Agencies LINKS TO ARTICLES
Local Agency Powers and Limitations
What are the Sources of Law Affecting Local Agencies
Legislative versus Adjudicative Decision Making
BUDGETING AND FINANCE
The Basics of Municipal Revenues in California
The Financial Management for Elected Officials: Questions to Ask
LEADERSHIP SKILLS
Governing Board Member Strategies
Transparency in Local Government: Protecting Your Community Against Corruption
Tips for Promoting Civility in Public Meetings
603
Council Manual
Material Provided By: City of Huntington Beach; Institute for Local Government (ILG)
PUBLIC TRUST & TRANSPARENCY
The Ethics of Speaking One's Mind
The ABCs of Open Government Laws (Brown Act)
Ethics Law Principles for Public Servants: Key Things to Know
MAKING DECISIONS
How Local Agencies Make Things Happen
How Your Agency Counsel Should Advise You When Agency Contracts Represent a Conflict of Interest
LAND USE
The Nuts and Bolts of Project Review
WORKING WITH STAFF
Board/Executive Staff Communications Strategies
Elected Official Direction to Staff
WORKING WITH RESIDENTS AND THE MEDIA
Why Engage the Public?
Media Relations Tips for Newly Elected Officials
Dealing with Emotional Audiences
Social Media and Public Agencies: Legal Issues to be Aware of
Taking the Bite Out of Blogs: Ethics in Cyberspace
WHEN BAD THINGS HAPPEN
Saying Your Sorry
A Leader's Role When Tragedy Strikes
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City Charter
Formatting of the original Council Manual adopted in 1976 and revised versions thereafter
outlined language taken directly from the City Charter and referenced section numbers.
This revised Council Manual includes the City Charter in its entirety (attached) as a complete
reference guide that includes the topics outlined in prevision versions:
Rules of Office of Councilpersons (Charter § 300)
Duties and Limitations of the City Council (Charter § 301, 303, 304, 307, 308,
311, 313, 400, 401, 403, 405, 500, 602, 603, 604, 608, 610, 615, 616)
Duties of the Mayor (Charter § 303, 305, 613)
Duties of the Mayor Pro Tempore (Charter § 306)
Compensation of Councilpersons (Charter § 302; HBMC § 2.28.010)
607
City Charter
City of Huntington BeaCH
Incorporated February 17, 1909
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CITY OF HUNTINGTON BEACH
CITY CHARTER
Incorporated, February 17, 1909
(Election February 9, 1909; 94 votes cast for incorporation and 25 votes against)
CHARTER AMENDMENTS
Effective Dates
Charter Election Certified - Res. 773 Results 5/3/37........…………5/17/37
Amendments……………………………………………………..…..2/2/40
Amendments…………………………………………………….….1/29/47
Amendments……………………………………………………..…1/27/49
Amendments……………………………………………………..…..5/9/49
Revised.............................……………………........……………..….5/1/50
New Charter………………………………………………….….….2/10/66
Amendments………………………………………………….….…1/18/71
Amendments………………………………………………….….…..6/5/75
Amendments……………………………………………………....12/10/76
Amendments……………………………………………………..…7/17/78
Amendments..(Consolidation November)……………………..…...12/9/82
Amendments…………………………………………………..……12/7/84
Amendments……………………………………………………..…12/7/90
Amendments……………………………………………………......4/22/02
Revised……..(Certified by the Secretary of State 1/6/11).…….….12/6/10
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CITY CHARTER
TABLE OF CONTENTS
ARTICLE I. INCORPORATION AND POWERS OF THE CITY
Section 100. Name
Section 101. Seal
Section 102. Boundaries
Section 103. Powers of City
Section 104. Construction
Section 105. Intergovernmental Relations
ARTICLE II. FORM OF GOVERNMENT
Section 200. Council-Manager Form of Government
ARTICLE III. ELECTIVE OFFICES
Section 300. City Council, Attorney, Clerk and Treasurer. Terms
Section 301. Powers Vested in City Council
Section 302. Compensation
Section 303. Meetings and Location
Section 304. Quorums, Proceedings and Rules of Order
Section 305. Presiding Officer
Section 306. Mayor Pro Tempore
Section 307. Non-interference with Administration
Section 308. Official Bonds
Section 309. City Attorney. Powers and Duties
Section 310. City Clerk. Powers and Duties
Section 311. City Treasurer. Powers and Duties
Section 312. Vacancies, Forfeitures and Replacement
Section 313. Conflict of Interest, Nepotism
ARTICLE IV. APPOINTIVE OFFICES AND PERSONNEL
Section 400. City Manager. Composition, Term, Eligibility, Removal
Section 401. Powers and Duties
Section 402. Acting City Manager
Section 403. Personnel
Section 404. Retirement System
Section 405. Boards, Commissions and Committees
ARTICLE V. ORDINANCES AND RESOLUTIONS
Section 500. Regular Ordinances. Enactment, Adoption, Publication, Amendment, When
Effective and Codification
Section 501. Emergency Ordinances
Section 502. Resolutions
Section 503. Publishing of Legal Notices
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ARTICLE VI. FISCAL ADMINISTRATION
Section 600. Fiscal Year
Section 601. Annual Budget, Preparation by the City Manager
Section 602. Annual Budget. Submission to the City Council
Section 603. Annual Budget. Public Hearing
Section 604. Annual Budget. Further Consideration and Adoption
Section 605. Annual Budget Appropriations
Section 606. Determination of City Tax Rate
Section 607. Tax Limits
Section 608. Vote Required for Tax Measures
Section 609. Real Estate Transfer Tax
Section 610. Bonded Debt Limit
Section 611. Revenue Bonds
Section 612. Public Utilities and Parks and Beaches
Section 613. Execution of Contracts
Section 614. Contracts on Public Works
Section 615. Granting of Franchises
Section 616. Independent Audit
Section 617. Infrastructure Fund
ARTICLE VII. ELECTIONS
Section 700. General Municipal Elections
Section 701. Special Municipal Elections
Section 702. Procedure for Holding Elections
Section 703. Initiative, Referendum and Recall
Section 704. Nomination Papers
ARTICLE VIII. MISCELLANEOUS
Section 800. Transition
Section 801. Definitions
Section 802. Violations
Section 803. Property Rights Protection Measure
Section 804. Charter Review
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CHARTER
We, the people of the City of Huntington Beach, State of California believe fiscal responsibility and the
prudent stewardship of public funds is essential for confidence in government, that ethics and integrity are
the foundation of public trust and that just governance is built upon these values. Through the enactment
of this Charter as the fundamental law of the City of Huntington Beach under the Constitution of the State
of California, we do hereby exercise the privilege of retaining for ourselves, the benefits of local
government, by enacting the laws, rules, regulations and procedures set forth herein pertaining to the
governance and operation of our City.
It is incumbent upon those who govern and make decisions for and on behalf of the City of Huntington
Beach to legally, as well as morally, abide by the provisions of this Charter, in its strictest sense, to assure
the continued success and well-being of our fair City.
ARTICLE I
INCORPORATION AND POWERS OF THE CITY
Section 100. NAME. The municipal corporation now existing and known as the City of Huntington
Beach shall remain and continue to exist as a municipal corporation under its present name of "City of
Huntington Beach."
Section 101. SEAL. The City shall have an official seal which may be changed from time to time by
ordinance. The present official seal shall continue to be the official seal of the City until changed in the
manner stated.
Section 102. BOUNDARIES. The boundaries of the City shall continue as now established until changed
in the manner authorized by law.
Section 103. POWERS OF CITY. The City shall have the power to make and enforce all laws and
regulations in respect to municipal affairs, subject only to such restrictions and limitations as may be
provided in this Charter or in the Constitution of the State of California.
Section 104. CONSTRUCTION. The general grant of power to the City under this Charter shall be
construed broadly in favor of the City. The specific provisions enumerated in this Charter are intended to
be and shall be interpreted as limitations upon the general grant of power and shall be construed narrowly.
If any provisions of this Charter, or the application thereof to any person or circumstance is held invalid,
the remainder of the Charter and the application of such provision to other persons or circumstances, shall
not be affected thereby.
Section 105. INTERGOVERNMENTAL RELATIONS. The City may exercise any of its powers or
perform any of its functions and may participate in the financing thereof, jointly or in cooperation, by
contract or otherwise, with any one or more states or civil divisions or agencies thereof, or the United
States or any agency thereof.
ARTICLE II
FORM OF GOVERNMENT
Section 200. COUNCIL-MANAGER FORM OF GOVERNMENT. The municipal government
provided by this Charter shall be known as the Council-Manager form of government.
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ARTICLE III
ELECTIVE OFFICES
Section 300. CITY COUNCIL, ATTORNEY, CLERK AND TREASURER. TERMS. The elective
officers of the City shall consist of a City Council of seven members, a City Clerk, a City Treasurer and a
City Attorney, all to be elected from the City at large at the times and in the manner provided in this
Charter and who shall serve for terms of four years and until their respective successors qualify. Subject
to the provisions of this Charter, the members of the City Council in office at the time this Charter takes
effect shall continue in office until the expiration of their respective terms and until their successors are
elected and qualified. Four members of the City Council shall be elected at the general municipal election
held in 1966, and each fourth year thereafter. Three members of the City Council shall be elected at the
general municipal election held in 1968, and each fourth year thereafter. No person shall be elected as a
member of the City Council for more than two consecutive terms and no person who has been a member
for more than two years of a term to which some other person was elected a member shall be elected to
the City Council more than one further consecutive term. Subject to the provisions of this Charter, the
City Clerk, City Treasurer and City Attorney in office at the time this Charter takes effect shall continue
in office until the expiration of their respective terms and the qualification of their successors. A City
Clerk and City Treasurer shall be elected at the general municipal election held in 1968, and each fourth
year thereafter. A City Attorney shall be elected in 1966, and each fourth year thereafter.
The term of each member of the City Council, the City Clerk, the City Treasurer and the City Attorney
shall commence on the first Monday following the certification of the election. Ties in voting among
candidates for office shall be settled by the casting of lots.
If no candidate meets the qualifications for office of the City Clerk, City Treasurer, or City Attorney, the
City Council shall fill that position by appointment until the next municipal general election in which a
qualified candidate is elected.
Section 301. POWERS VESTED IN CITY COUNCIL. All powers of the City shall be vested in the
City Council except as otherwise provided in this Charter.
Section 302. COMPENSATION. The members of the City Council including the Mayor shall receive as
compensation for their services as such a monthly salary in the sum of One Hundred Seventy-five Dollars
per month. In addition, each member of the City Council shall receive reimbursement on order of the City
Council for Council authorized traveling and other expenses when on official duty upon submission of
itemized expense accounts therefor. In addition, members shall receive such reasonable and adequate
amounts as may be established by ordinance, which amounts shall be deemed to be reimbursement to
them of other routine and ordinary expenses, losses and costs imposed upon them by virtue of their
serving as City Councilpersons.
Section 303. MEETINGS AND LOCATION.
(a) Regular Meetings. The City Council shall hold regular meetings at least twice each
month at such time as it shall fix by ordinance or resolution and may adjourn or re-adjourn any regular
meeting to a date and hour certain which shall be specified in the order of adjournment and when so
adjourned each adjourned meeting shall be a regular meeting for all purposes. If the hour to which a
meeting is adjourned is not stated in the order of adjournment, such meeting shall be held at the hour for
holding regular meetings. If at any time any regular meeting falls on a holiday such regular meeting shall
be held on the next business day.
(b) Special Meetings. A special meeting may be called at any time by the Mayor, or by a
majority of the members of the City Council, by written notice to each member of the City Council and to
each local newspaper of general circulation, radio or television station requesting notice in writing. Such
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notice must be delivered personally or by mail at least twenty-four hours before the time of such meeting
as specified in the notice.
The call and notice shall specify the time and place of the special meeting and the business to be
transacted. No other business shall be considered at such meeting. If any person entitled to such written
notice files a written waiver of notice with the City Clerk, it may be dispensed with. This notice
requirement shall be considered fulfilled as to any person who is actually present at the meeting at the
time it convenes. In the event of an emergency affecting the public peace, health or safety, a special
meeting may be called as provided in this section with less than twenty-four hours written notice by the
Mayor Pro Tem in the Mayor's absence or by any member of the City Council in the absence of both the
Mayor and Mayor Pro Tem provided that the nature of the emergency is set forth in the minutes of the
meeting.
(c) Place of Meetings. All regular meetings shall be held in the Council Chambers of the
City or in such place within the City to which any such meeting may be adjourned. If, by reason of fire,
flood or other emergency, it shall be unsafe to meet in the place designated, the meetings may be held for
the duration of the emergency at such place within the City as is designated by the Mayor, or, if he should
fail to act, by a majority of the members of the City Council.
(d) Open Meetings. All regular and special meetings of the City Council shall be open and
public, and all persons shall be permitted to attend such meetings, except that the provisions of this
section shall not apply to executive sessions. Subject to the rules governing the conduct of City Council
meetings, no person shall be denied the right to be heard by the City Council.
(e) Dissemination of Information. The City Council shall adopt rules to ensure thorough
and timely dissemination of information via current technology by resolution.
Section 304. QUORUMS, PROCEEDINGS AND RULES OF ORDER.
(a) Quorum. A majority of the members of the City Council shall constitute a quorum to do
business but a lesser number may adjourn from time to time. In the absence of all the members of the City
Council from any regular meeting or adjourned regular meeting, the City Clerk may declare the same
adjourned to a stated day and hour. The City Clerk shall cause written notice of a meeting adjourned by
less than a quorum or by the City Clerk to be delivered personally or by mail to each Council member at
least twenty-four hours before the time to which the meeting is adjourned, or such notice may be
dispensed with in the same manner as specified in this Charter for dispensing with notice of special
meetings of the City Council.
(b) Proceedings. The City Council shall judge the qualification of its members as set forth
by the Charter. It shall judge all election returns. Each member of the City Council shall have the power
to administer oaths and affirmations in any investigation or proceeding pending before the City Council.
The City Council shall have the power and authority to compel the attendance of witnesses, to examine
them under oath and to compel the production of evidence before it. Subpoenas shall be issued in the
name of the City and be attested by the City Clerk. They shall be served and complied with in the same
manner as subpoenas in civil actions. Disobedience of such subpoenas, or the refusal to testify (upon
other than constitutional grounds), shall constitute a misdemeanor, and shall be punishable in the same
manner as violations of this Charter are punishable. The City Council shall have control of all legal
business and proceedings and all property of the legal department, and may employ other attorneys to
take charge of or may contract for any prosecution, litigation or other legal matter or business.
(c) Rules of Order. The City Council shall establish rules for the conduct of its proceedings
and evict or prosecute any member or other person for disorderly conduct at any of its meetings. Upon
adoption of any ordinance, resolution, or order for payment of money, or upon the demand of any
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member, the City Clerk shall call the roll and shall cause the ayes and noes taken on the question to be
entered in the minutes of the meeting.
Section 305. PRESIDING OFFICER. At the Council meeting at which any Council member is installed
following any general or special municipal election, and at any time when there is a vacancy in the office
of Mayor, the City Council shall meet and shall elect one of its members as its presiding officer, who
shall have the title of Mayor. The Mayor may make and second motions and shall have a voice and vote
in all its proceedings. The Mayor shall be the official head of the City for all ceremonial purposes; shall
have the primary but not the exclusive responsibility for interpreting the policies, programs and needs of
the City government to the people, and as occasion requires, may inform the people of any major change
in policy or program; and shall perform such other duties consistent with the office as may be prescribed
by this Charter or as may be imposed by the City Council. The Mayor shall serve in such capacity at the
pleasure of the City Council.
Section 306. MAYOR PRO TEMPORE. The City Council shall also designate one of its members as
Mayor Pro Tempore, who shall serve in such capacity at the pleasure of the City Council. The Mayor Pro
Tempore shall perform the duties of the Mayor during the Mayor's absence or disability or at the Mayor's
request.
Section 307. NON-INTERFERENCE WITH ADMINISTRATION. Except as otherwise provided in
this Charter, no member of the City Council shall order, directly or indirectly, the appointment by the
City Manager, or by any of the department heads in administrative service of the City, of any person to
any office or employment, or removal therefrom. Except for the purpose of investigation and inquiry, the
members of the City Council shall deal with the administrative service under the jurisdiction of the City
Manager solely through the City Manager, and no member of the City Council shall give orders to any
subordinate of the City Manager, either publicly or privately.
No elected department head or staff of the Office of the elected department head shall be a member of the
management negotiation team for the purposes of negotiations of memorandums of understanding with
the employee bargaining units.
Section 308. OFFICIAL BONDS. The City Council shall fix by ordinance or resolution the amounts and
terms of the official bonds of all officials or employees who are required by this Charter or by ordinance
to give such bonds. All bonds shall be executed by responsible corporate surety, shall be approved as to
form by the City Attorney, and shall be filed with the City Clerk. Premiums on official bonds shall be
paid by the City. A blanket bond may be used if it provides the same protection as the required separate
bond would provide.
In all cases wherein an employee of the City is required to furnish a faithful performance bond, there shall
be no personal liability upon, or any right to recover against, the employee's superior officer or other
officer or employee or the bond of the latter, unless such superior officer, or other officer or employee is a
party to the act or omission, or has conspired in the wrongful act directly or indirectly causing the loss.
Section 309. CITY ATTORNEY. POWERS AND DUTIES. To become and remain eligible for City
Attorney the person elected or appointed shall have graduated from a law school accredited by the
American Bar Association, be an attorney at law, duly licensed as such under the laws of the State of
California, shall have been engaged in the practice of law in this State for at least five years prior to their
election or appointment. The City Attorney shall have the power and may be required to:
(a) Represent and advise the City Council and all City officers in all matters of law
pertaining to their offices.
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(b) Prosecute on behalf of the people any or all criminal cases arising from violation of the
provisions of this Charter or of City ordinances and such state misdemeanors as the City has the power to
prosecute, unless otherwise provided by the City Council.
(c) Represent and appear for the City in any or all actions or proceedings in which the City is
concerned or is a party, and represent and appear for any City officer or employee, or former City officer
or employee, in any or all civil actions or proceedings in which such officer or employee is concerned or
is a party for any act arising out of their employment or by reason of their official capacity.
(d) Attend all regular meetings of the City Council, unless excused, and give their advice or
opinion orally or in writing whenever requested to do so by the City Council or by any of the boards or
officers of the City.
(e) Approve in writing the form of all contracts made by and all bonds and insurance given
to the City.
(f) Prepare any and all proposed ordinances and City Council resolutions and amendments
thereto.
(g) Devote such time to the duties of their office and at such place as may be specified by the
City Council.
(h) Perform such legal functions and duties incident to the execution of the foregoing powers
as may be necessary.
(i) Surrender to their successor all books, papers, files, and documents pertaining to the
City's affairs.
(j) Assist and cooperate with the City Manager consistent with Section 403 of the City Charter.
(k) Provide advice related to compliance with the City Charter to all elected and appointed
officials of the City.
Section 310. CITY CLERK. POWERS AND DUTIES. To become and remain eligible for City Clerk,
the person elected or appointed shall have a Bachelor’s Degree in business, public administration, or a
related field, and hold a certification as a Municipal Clerk or obtain such certification within the first three
years in office. The City Clerk shall have the power and shall be required to:
(a) Attend all meetings of the City Council, unless excused, and be responsible for the
recording and maintaining of a full and true record of all of the proceedings of the City Council in records
that shall bear appropriate titles and be devoted to such purpose.
(b) Maintain separate records, in which shall be recorded respectively all ordinances and
resolutions, with the certificate of the Clerk annexed to each thereof stating the same to be the original or
a correct copy, and as to an ordinance requiring publication, stating that the same has been published or
posted in accordance with this Charter.
(c) Maintain separate records of all written contracts and official bonds.
(d) Keep all records in their possession properly indexed and open to public inspection when
not in actual use.
(e) Be the custodian of the seal of the City.
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(f) Administer oaths or affirmations, take affidavits and depositions pertaining to the affairs
and business of the City and certify copies of official records.
(g) Be ex officio Assessor, unless the City Council, has availed itself, or does in the future
avail itself, of the provisions of the general laws of the State relative to the assessment of property and the
collection of City taxes by county officers, or unless the City Council by ordinance provides otherwise.
(h) Have charge of all City elections.
(i) Perform such other duties consistent with this Charter as may be required by ordinance or
resolution of the City Council.
(j) Assist and cooperate with the City Manager consistent with Section 403 of the City
Charter.
The City Clerk may, subject to the approval of the City Council, appoint such deputy or deputies to assist
them or act for them, at such salaries or compensation as the Council may by ordinance or resolution
prescribe.
Section 311. CITY TREASURER. POWERS AND DUTIES. To become and remain eligible for City
Treasurer, the person elected or appointed shall have a minimum of five years of financial and/or treasury
experience, and have either:
A Master’s Degree in accounting, finance, business, or public administration; or
A Bachelor’s Degree in accounting, finance, business, or public administration with certification
by the California Municipal Treasurer’s Association, or their successor, within three years of election or
appointment.
The City Treasurer shall have the power and shall be required to:
(a) Receive on behalf of the City all taxes, assessments, license fees and other revenues of
the City, or for the collection of which the City is responsible, and receive all taxes or other money
receivable by the City from the County, State or Federal governments, or from any court, or from any
office, department or agency of the City.
(b) Have and keep custody of all public funds belonging to or under control of the City or
any office, department or agency of the City government and deposit or cause to be deposited all funds
coming into their hands in such depository as may be designated by resolution of the City Council, or, if
no such resolution be adopted, then in such depository designated in writing by the City Manager, and in
compliance with all of the provisions of the State Constitution and laws of the State governing the
handling, depositing and securing of public funds.
(c) Pay out moneys only on proper orders or warrants in the manner provided for in this
Charter.
(d) Prepare and submit to the Director of Finance monthly written reports of all receipts,
disbursements and fund balances, and shall file copies of such reports with the City Manager and City
Council.
(e) Perform such other duties consistent with this Charter as may be required by ordinance or
resolution of the City Council.
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(f) Assist and cooperate with the City Manager consistent with Section 403 of the City
Charter.
The City Treasurer may, subject to the approval of the City Council, appoint such deputy or deputies to
assist them or act for them, at such salaries or compensation as the Council may by ordinance or
resolution prescribe.
Section 312. VACANCIES, FORFEITURES AND REPLACEMENT.
(a) Vacancies. A vacancy in the City Council or in any other office designated as elective by
this Charter, from whatever cause arising, shall be filled by appointment by the City Council.
(b) Forfeiture. If a member of the City Council is absent from all regular meetings of the
City Council for a period of thirty consecutive days from and after the last regular City Council meeting
attended by such member, unless by permission of the City Council expressed in its official minutes, th e
office shall become vacant. If an elected City officer pleads guilty or no contest to or is convicted of a
felony or any crime of moral turpitude, or ceases to be an elector of the City, the office shall become
vacant. The City Council shall declare the existence of such vacancy. Any elective officer of the City who
shall accept or retain any other elective public office, except as provided in this Charter, shall be deemed
thereby to have vacated the office under the City Government.
(c) Replacement. In the event it shall fail to fill a vacancy by appointment within sixty days
after such office shall become vacant, the City Council shall forthwith cause an election to be held to fill
such vacancy for the remainder of the unexpired term.
Section 313. CONFLICT OF INTEREST, NEPOTISM.
(a) Conflict of Interest. The City Council shall adopt or approve rules and regulations
regulating conflicts of interest and promoting fair dealing in all City business.
(b) Nepotism. The City Council shall not appoint to a salaried position under the City
government any person who is a relative by blood or marriage within the third degree of any one or more
of the members of such City Council, nor shall the City Manager or any department head or other officer
having appointive power appoint any relative of such person or of any Council member within such
degree to any such position.
This provision shall not affect the employment or promotional status of a person who has attained a
salaried position with the City prior to the existence of a situation contemplated by this provision;
however, Council members or officers with appointive powers in such a situation shall disqualify
themselves from all decisions affecting the employment and promotional status of such person.
ARTICLE IV
APPOINTIVE OFFICES AND PERSONNEL
Section 400. CITY MANAGER. COMPOSITION, TERM, ELIGIBILITY, REMOVAL.
(a) Composition. There shall be a City Manager who shall be the chief administrative officer
of the City.
(b) Term. The City Manager shall be appointed by the affirmative vote of at least a majority
of the members of the City Council and shall serve at the pleasure of the City Council; provided,
however, that the person occupying the office shall not be removed from office except as herein provided.
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(c) Eligibility. The City Manager shall be chosen on the basis of executive and
administrative qualifications, with special reference to actual experience in and knowledge of accepted
practice as regards the duties of the office as herein set forth. No person shall be eligible to be appointed
City Manager or Acting City Manager while serving as a member of the City Council nor within one year
following the termination of membership on the City Council.
(d) Removal. The City Manager shall not be removed from office during or within a period
of ninety days next succeeding any municipal election at which a member of the City Council is elected.
At any other time the City Manager may be removed only at a regular meeting of the City Council and
upon the affirmative vote of a majority of the members of the City Council. At least thirty days prior to
the effective date of removal, the City Manager shall be furnished with a written notice stating the
Council's intentions and, if requested by the City Manager, the reasons therefor. Within seven days after
receipt of such notice, the City Manager may by written notification to the City Clerk request a public
hearing before the City Council, in which event the Council shall fix a time for a public hearing which
shall be held at its regular meeting place before the expiration of the thirty-day period above referred to.
The City Manager shall appear and be heard at such hearing. After furnishing the City Manager with
written notice of the intended removal, the City Council may suspend the City Manager from duty, but his
compensation shall continue until removal as herein provided. In removing the City Manager, the City
Council shall use its uncontrolled discretion and its action shall be final and shall not depend upon any
particular showing or degree of proof at the hearing, the purpose of which is to allow the City Council and
the City Manager to present to each other and to the public all pertinent facts prior to the final action of
removal.
Section 401. POWERS AND DUTIES. Except as otherwise provided in this Charter, the City Manager
shall be responsible to the City Council for the proper administration of all affairs of the City. Without
limiting this general grant of powers and responsibilities, the City Manager shall have the power and be
required to:
(a) Appoint, promote, demote, suspend or remove department heads, officers and employees
of the City except elective officers and the Chief of Police. The Chief of Police shall not be appointed or
removed until the City Manager shall first have reviewed such appointment or removal with the City
Council and have received approval for such appointment or removal by a majority vote of the full City
Council.
(b) Prepare the budget annually, submit it to the City Council, and be responsible for its
administration upon adoption.
(c) Prepare and submit to the City Council as of the end of each fiscal year, a complete report
on the finances of the City, and annually or more frequently, a current report of the principal
administrative activities of the City.
(d) Keep the City Council advised of the financial condition and future needs of the City and
make such recommendations as may seem desirable.
(e) Maintain a centralized purchasing system for all City offices, departments and agencies.
(f) Prepare, administer and enforce rules and regulations recommended to and adopted by
the City Council governing the contracting for, purchase, inspection, storage, inventory, distribution and
disposal of all supplies, materials and equipment required by any office, department or agency of the City
government.
(g) Be responsible for the compliance by the City with the laws of the State pertaining to the
City, the provisions of this Charter and the ordinances, franchises and rights of the City.
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Subject to policy established by the City Council, exercise control of all administrative offices and
departments of the City and of all appointive officers and employees, and prescribe such general rules and
regulations as deemed necessary or proper for the general conduct of the administrative offices and
departments of the City under their jurisdiction.
(h) Perform such other duties consistent with this Charter as may be required by the City
Council.
Section 402. ACTING CITY MANAGER. During any temporary absence or disability of the City
Manager, the City Manager shall appoint one of the other officers or department heads of the City to
serve as Acting City Manager. In the event the City Manager fails to make such appointment, such
appointment may be made by the City Council.
Section 403. PERSONNEL. In addition to the City Council, a City Clerk, a City Treasurer, a City
Attorney and City Manager, the officers and employees of the City shall consist of such other officers,
assistants, deputies and employees as the City Council may provide by ordinance or resolution. The City
Council shall establish such reasonable compensation and fringe benefits as are appropriate by ordinance
or resolution for such offices, officials and employees except as herein provided.
The City Council shall maintain by ordinance a comprehensive personnel system for the City. The City
Manager and any officers designated as elective by the Charter shall be exempt. The system shall consist
of the establishment of minimum standards of employment and qualifications for the various classes of
employment and procedures to be followed in advancement, demotion, suspension and discharge of
employees included within the system, as the City Council shall determine to be for the best interest of
the public service. The ordinance shall designate the appointive officers and employees who shall be
included within the system. By subsequent ordinances the City Council may amend the system or the list
of appointive officers and employees included within the system. The system shall comply with all other
provisions of this Charter.
It shall be the duty of all department heads, whether appointed or elected, to assist and cooperate with the
City Manager in administering the affairs of the City in the most efficient, fiscally responsible, and
harmonious manner consistent with the duties as prescribed by law, City Charter, or by ordinance.
Section 404. RETIREMENT SYSTEM. The City shall participate in a retirement system.
Section 405. BOARDS, COMMISSIONS AND COMMITTEES. The City Council shall establish such
boards, commissions and committees as are deemed necessary for the orderly functioning of the City. All
such boards, commissions and committees shall report directly to the City Council.
ARTICLE V
ORDINANCES AND RESOLUTIONS
Section 500. REGULAR ORDINANCES. ENACTMENT, ADOPTION, PUBLICATION,
AMENDMENT, WHEN EFFECTIVE AND CODIFICATION.
(a) Enactment. In addition to such other acts of the City Council as are required by this
Charter to be taken by ordinance, every act of the City Council establishing a fine or other penalty, or
granting a franchise, shall be by ordinance. The enacting clause of all ordinances shall be substantially as
follows: "The City Council of the City of Huntington Beach does ordain as follows:" No order for the
payment of money shall be adopted or made at other than a regular or adjourned regular meeting. Upon
introduction, an ordinance shall be read by title only. Unless a higher vote is required by other provision s
of this Charter, the affirmative vote of at least four of the City Council shall be required for the enactment
of any ordinance or for the making or approving of any order for the payment of money. All ordinances
shall be signed by the Mayor and attested by the City Clerk.
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(b) Adoption. A regular ordinance shall be adopted only at a regular or adjourned regular
meeting held no less than five days after its introduction. In the event that any ordinance is altered after its
introduction, it shall be finally adopted only at a regular or adjourned regular meeting held no less than
five days after the date it was so altered. The correction of typographical or clerical errors shall not
constitute the making of an alteration within the meaning of the foregoing sentence.
(c) Publication. The City Clerk shall cause each ordinance to be posted in three places
designated by the City Council within the City and to be published by title with a brief summary at least
once within fifteen days after its adoption in a daily, semiweekly or weekly newspaper, published in the
County or the City and circulated in the City, which is selected by the City Council for that purpose.
Current technology shall be used to ensure the widest possible dissemination.
(d) Amendment. The amendment of any section or subsection of an ordinance may be
accomplished solely by the re-enactment of such section or subsection at length, as amended.
(e) When Effective. Every ordinance shall become effective thirty days from and after the
date of its adoption, except the following, which shall take effect upon adoption:
(1) An ordinance calling or otherwise relating to an election;
(2) An improvement proceeding ordinance adopted under some special law or
procedural ordinance relating thereto;
(3) An ordinance declaring the amount of money necessary to be raised by taxation,
or fixing the rate of property taxation, or levying the annual tax upon property.
(4) An emergency ordinance adopted in the manner provided in this Charter.
(f) Codification. Detailed regulations pertaining to any subject and comprehensive
codifications of valid ordinances may be adopted by reference, with the same effect as an ordinance, in
the manner set forth herein; however, such regulations and codifications need not be published in the
manner required for other ordinances, but not less than three copies thereof shall be filed for use and
examination by the public in the office of the City Clerk prior to adoption. Ordinances codified shall be
repealed as of the effective date of the codification. Amendments to the code shall be enacted by
ordinance.
Section 501. EMERGENCY ORDINANCES. Any ordinance declared by the City Council to be
necessary as an emergency measure for the immediate preservation of the public peace, health, or safety,
and containing a statement of the reasons for its urgency, may be adopted in the manner provided in
Section 500 except that such emergency ordinance may be introduced, enacted and adopted at one and the
same regular or special meeting and shall take effect immediately upon adoption if passed by at least five
affirmative votes. An emergency ordinance shall expire automatically after 120 days.
Section 502. RESOLUTIONS. The City Council may act by resolution or minute order in all actions not
required by this Charter to be taken by ordinance.
Section 503. PUBLISHING OF LEGAL NOTICES. The City Council shall cause to be published all
legal notices and other matters required to be published by law in a daily, semiweekly or weekly
newspaper published in the County or the City and circulated in the City which is selected by the City
Council for that purpose and using current technology. No defect or irregularity in proceedings taken
under this section shall invalidate any publication where it is otherwise in conformity with this Charter or
law or ordinance.
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ARTICLE VI
FISCAL ADMINISTRATION
Section 600. FISCAL YEAR. The fiscal year of the City shall be as set forth by resolution of the City
Council.
Section 601. ANNUAL BUDGET, PREPARATION BY THE CITY MANAGER. At such date as the
City Manager shall determine, each board or commission and each department head shall furnish to the
City Manager, personally, or through the Director of Finance, estimates of the department's, board's or
commission's revenue and expenditures for the ensuing fiscal year, detailed in such manner as may be
prescribed by the City Manager. In preparing the proposed budget, the City Manager shall review the
estimates, hold conferences thereon with the respective department heads, boards or commissions as
necessary, and may revise the estimates as may be deemed advisable.
Section 602. ANNUAL BUDGET. SUBMISSION TO THE CITY COUNCIL. The City Manager
shall submit the proposed budget to the City Council at least thirty days prior to the beginning of each
fiscal year. After reviewing the proposed budget and making such revisions as it may deem advisable, the
City Council shall hold a public hearing thereon at least fifteen days prior to the beginning of each fiscal
year and shall cause to be published a notice thereof not less than ten days prior to said hearing. Copies of
the proposed budget shall be available for inspection by the public in the office of the City Clerk at least
ten days prior to said hearing.
Section 603. ANNUAL BUDGET. PUBLIC HEARING. At the time so advertised or at any time to
which such public hearing shall from time to time be adjourned, the City Council shall hold a public
hearing on the proposed budget, at which interested persons desiring to be heard shall be given such
opportunity.
Section 604. ANNUAL BUDGET. FURTHER CONSIDERATION AND ADOPTION. At the
conclusion of the public hearing the City Council shall further consider the proposed budget and make
any revisions thereof that it may deem advisable and on or before the last day of the fiscal year it shall
adopt the budget with revisions, if any, by the affirmative vote of at least a majority of the total members
of the Council. Upon final adoption, the budget shall be in effect for the ensuing fiscal year. Copies
thereof, certified by the City Clerk, shall be filed with the City Manager, Director of Finance, City
Treasurer and the person retained by the City Council to perform the post audit function, and a further
copy shall be placed, and shall remain on file in the office of the City Clerk where it shall be available for
public inspection. The budget so certified shall be reproduced and copies made available for the use of the
public and of departments, offices and agencies of the City.
Section 605. ANNUAL BUDGET APPROPRIATIONS. From the effective date of the budget, the
several amounts stated therein as proposed expenditures shall be and become appropriated to the several
departments, offices and agencies for the respective objects and purposes therein named; provided,
however, that the City Manager may transfer funds from one object or purpose to another within the same
department, office or agency. All appropriations shall lapse at the end of the fiscal year to the extent that
they shall not have been expended or lawfully encumbered.
At any public meeting after the adoption of the budget, the City Council may amend or supplement the
budget by motion adopted by the affirmative vote of at least a majority of the total members of the City
Council.
Section 606. DETERMINATION OF CITY TAX RATE. The City Council shall prescribe by
ordinance for the assessment, levy and collection of taxes upon property which is taxable for municipal
purposes. If the City Council fails to fix the rate and levy taxes on or before August 31 in any year, the
rate for the next preceding fiscal year shall thereupon be automatically adopted and a tax at such rate shall
be deemed to have been levied on all taxable property in the City for the current fiscal year.
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Section 607. TAX LIMITS.
(a) The City Council shall not levy a property tax for municipal purposes in excess of One
Dollar annually on each One Hundred Dollars of the assessed value of taxable property in the City, except
as otherwise provided in this section, unless authorized by the affirmative vote of a majority of the
electors voting on a proposition to increase such levy at any election at which the question of such
additional levy for municipal purposes is submitted to the electors. The number of years that such
additional levy is to be made shall be specified in such proposition.
(b) There shall be levied and collected at the same time and in the same manner as other
property taxes for municipal purposes are levied and collected, as additional taxes not subject to the above
limitation, if no other provision for payment thereof is made:
1. A tax sufficient to meet all liabilities of the City of principal and interest of all
bonds and judgments due and unpaid, or to become due during the ensuing fiscal
year, which constitute general obligations of the City; and
2. A tax sufficient to meet all obligations of the City for the retirement system in
which the City participates, due and unpaid or to become due during the ensuing
fiscal year.
(c) Special levies, in addition to the above and not subject to the above limitation, may be
made annually, based on City Council approved estimates, for the following specific purposes, but not to
exceed the following respective limits for those purposes for which limits are herein set forth, to wit:
parks and recreation and human services not to exceed $0.20 per One Hundred Dollars; Libraries not to
exceed $0.15 per One Hundred Dollars; promotional interests and cultural affairs not to exceed $0.07 per
One Hundred Dollars; and civil defense and disaster preparedness not to exceed $0.03 per One Hundred
Dollars. The proceeds of any special levy shall be used for no other purpose than that specified.
Section 608. VOTE REQUIRED FOR TAX MEASURES. No tax, property tax, or other measure
whose principal purpose is the raising of revenue, or any increase in the amount thereof, shall be levied,
enacted or established except by ordinance adopted by the affirmative vote of at least five (5) members of
the City Council; provided, however, that any tax levied or collected pursuant to Section 607(b) of this
Charter shall be exempt from the minimum voting requirement of this section.
This section shall not apply to any license, permit, or any other fee or charge whose principal purpose is
to pay or reimburse the City for the cost of performing any regulatory function of the City under its police
power in connection with the City's duty to preserve or maintain the public peace, health, safety and
welfare.
This section shall not apply to any user or service fee or charge provided such fee or charge is directly
related to such use or service, is charged to the user or person receiving such service, and is to pay or
reimburse the City for the costs of providing such use or service.
This section shall not apply to any fee or charge relating to any franchise or proprietary function of the
City.
Section 609. REAL ESTATE TRANSFER TAX. The City Council shall not levy a tax on the transfer
or conveyance of any interest in real property unless authorized by the affirmative vote of a majority of
the electors voting on a proposition submitted to the electors to authorize such tax at a general or special
election.
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Section 610. BONDED DEBT LIMIT. The City shall not incur an indebtedness evidenced by general
obligation bonds which shall in the aggregate exceed the sum of 12 percent of the total assessed valuation,
for purposes of City taxation, of all the real and personal property within the City.
No bonded indebtedness which shall constitute a general obligation of the City may be created unless
authorized by the affirmative vote of the majority required by law of the electors voting on such
proposition at any election at which the question is submitted to the electors.
Section 611. REVENUE BONDS. Bonds which are payable only out of such revenues, other than taxes,
as may be specified in such bonds, may be issued when the City Council by ordinance shall have
established a procedure for the issuance of such bonds. Such bonds, payable only out of revenues, shall
not constitute an indebtedness or general obligation of the City. No such bonds payable out of revenues
shall be issued without the assent of the majority of the voters voting upon the proposition for issuing the
same at an election at which such proposition shall have been duly submitted to the registered voters of
the City.
It shall be competent for the City to make contracts and covenants for the benefit of the holders of any
such bonds payable only from revenues and which shall not constitute a general obligation of the City for
the establishment of a fund or funds, for the maintaining of adequate rates or charges, for restrictions
upon further indebtedness payable out of the same fund or revenues, for restrictions upon transfer out of
such fund, and other appropriate covenants. Money placed in any such special fund for the payment of
principal and/or interest on any issue of such bonds or to assure the application thereof to a specific
purpose shall not be expended for any other purpose whatever except for the purpose for which such
special funds were established and shall be deemed segregated from all other funds of the City and
reserved exclusively for the purpose for which such special fund was established until the purpose of its
establishment shall have been fully accomplished.
Section 612. PUBLIC UTILITIES AND PARKS AND BEACHES.
(a) No public utility or park or beach or portion thereof now or hereafter owned or operated
by the City shall be sold, leased, exchanged or otherwise transferred or disposed of unless authorized by
the affirmative votes of at least a majority of the total membership of the City Council and by the
affirmative vote of at least a majority of the electors voting on such proposition at a general or special
election at which such proposition is submitted.
(b) No golf course, driving range, road, building over three thousand square feet in floor area
nor structure costing more than $161,000.00 may be built on or in any park or beach or portion thereof
now or hereafter owned or operated by the City unless authorized by the affirmative votes of at least a
majority of the total membership of the City Council and by the affirmative vote of at least a majority of
the electors voting on such proposition at a general or special election at which such proposition is
submitted after the appropriate environmental assessment, conceptual cost estimate, and reasonable
project description has been completed and widely disseminated to the public. Effective January 1, 2011,
and each year thereafter, the maximum cost will be adjusted by the Consumer Price Index for the Los
Angeles-Riverside-Orange County area.
(c) Section 612(a) and 612(b) shall not apply;
(1) to libraries or piers;
(2) to any lease, franchise, concession agreement or other contract where;
- the contract is to perform an act or provide a service in a public park or beach
AND
- such act was being performed or service provided at the same location prior to
January 1, 1989 AND
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- the proposed lease, franchise, concession agreement or other contract would
not increase the amount of parkland or beach dedicated to or used by the party
performing such act or providing such service.
(3) to above ground public works utility structures under 3,000 square feet;
(4) to underground public works utility structures if park or beach use is not
impeded;
(5) to any public works construction, maintenance or repair mandated by state or
federal law that does not negatively impact recreational opportunities; or
(6) to renewable energy projects that do not negatively impact recreational
opportunities.
(d) If any section, subsection, part, subpart, paragraph, clause or phrase of this amendment,
or any amendment or revision of this amendment, is for any reason held to be invalid or unconstitutional,
the remaining sections, subsections, parts, subparts, paragraphs, clauses or phrases shall not be affected
but shall remain in full force and effect.
Section 613. EXECUTION OF CONTRACTS. Except as hereinafter provided, the City shall be bound
by a contract only if it is made in writing, approved by the City Council and signed on behalf of the City
by the Mayor and City Clerk or by a City officer designated by the City Council and only upon the
direction of the City Council. Exceptions to this procedure are as follows:
(a) By ordinance or resolution the City Council may authorize the City Manager or other
officer to bind the City, with or without a written contract, for the acquisition of equipment, materials,
supplies, labor, services or other items included within the budget approved by the City Council, and may
impose a monetary limit upon such authority.
(b) By ordinance or resolution, the City Council may provide a method for the sale or
exchange of personal property not needed in the City service or not fit for the purpose for which intended,
and for the conveyance of title thereto.
(c) Contracts for the sale of the products, commodities or services of any public utility
owned, controlled or operated by the City may be made by the manager of such utility or by the head of
the department or City Manager upon forms approved by the City Manager and at rates fixed by the City
Council.
Section 614. CONTRACTS ON PUBLIC WORKS. Except as hereinafter expressly provided, every
contract involving an expenditure as set forth by ordinance of the City Council for the construction or
improvement (excluding maintenance and repair) of public buildings, works, streets, drains, sewers,
utilities, parks and playgrounds, and each separate purchase of materials or supplies for the same, where
the expenditure required for such purchase shall exceed the amount set by ordinance, shall be let to the
lowest responsible bidder after notice by publication in accordance with Section 503 by two or more
insertions, the first of which shall be at least ten days before the time for opening bids.
The City Council may reject any and all bids presented and may readvertise in its discretion. After
rejecting bids, or if no bids are received, or without advertising for bids if the total amount of the contract
or project is below the amount set by ordinance, the City Council may declare and determine that in its
opinion, the work in question may be performed better or more economically by the City with its own
employees, or that the materials or supplies may be purchased at lower price in the open market, and after
the adoption of a resolution to this effect by the affirmative vote of a majority of the total members of the
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City Council, it may proceed to have said work done or such materials or supplies purchased in the
manner stated without further observance of the provisions of this section.
All public works contracts exceeding the amount set by ordinance may be let and purchases exceeding the
amount set by ordinance may be made without advertising for bids if such work or the purchase of such
materials or supplies shall be deemed by the City Council to be of urgent necessity for the preservation of
life, health, or property and shall be authorized by at least five affirmative votes of the City Council.
Projects for the extension, replacement or expansion of the transmission or distribution system of any
existing public utility operated by the City or for the purchase of supplies or equipment for any such
project or any such utility may be excepted from the requirements of this section by the affirmative vote
of a majority of the total members of the City Council.
Section 615. GRANTING OF FRANCHISES. The City Council shall by ordinance regulate the
granting of franchises for the City.
Section 616. INDEPENDENT AUDIT. The City Council shall provide for an independent annual audit
of all City accounts and may provide for such more frequent audits as it deems necessary. Such audits
shall be made by a certified public accountant or firm of such accountants who have no personal interest,
direct or indirect, in the fiscal affairs of the City government or any of its officers. The Council may,
without requiring competitive bids, designate such accountant or firm annually provided that the
designation for any particular fiscal year shall be made no later than thirty days after the beginning of
such fiscal year. As soon as practicable after the end of the fiscal year, a final audit and report shall be
submitted by such accountant to the City Council, one copy thereof to be distributed to each member.
Additional copies of the audit shall be placed on file in the office of the City Clerk where they shall be
available for inspection by the general public, and a copy of the financial statement as of the close of the
fiscal year shall be published in the official newspaper.
Section 617. INFRASTRUCTURE FUND.
(a) All revenue raised by vote of the electors or imposed by vote of the City Council on or after
March 5, 2002, by a measure which states that the revenue to be raised is for the purpose of infrastructure,
as said term is defined in this paragraph, shall be placed in a separate fund entitled "Infrastructure Fund."
The term "Infrastructure" shall mean long-lived capital assets that normally are stationary in nature and
normally can be preserved for significantly greater number of years. They include storm drains, storm
water pump stations, alleys, streets, highways, curbs and gutters, sidewalks, bridges, street trees,
landscaped medians, parks, beach facilities, playgrounds, traffic signals, streetlights, block walls along
arterial highways, and all public buildings and public ways. Interest earned on monies in the
Infrastructure Fund shall accrue to that account. Monies in said Fund shall be utilized only for direct costs
relating to infrastructure improvements or maintenance, including construction, design, engineering,
project management, inspection, contract administration and property acquisition. Monies in said Fund
shall not be transferred, loaned or otherwise encumbered for any other purpose.
(b) Revenues placed in the Infrastructure Fund shall not supplant existing infrastructure funding.
The average percentage of general fund revenues utilized for infrastructure improvements and
maintenance, for the five- (5) year period of 1996 to 2001, is and was 14.95%. Expenditures for
infrastructure improvements and maintenance, subsequent to 2001, shall not be reduced below 15% of
general fund revenues based on a five- (5) year rolling average.
(c) The City Council shall by ordinance establish a Citizens Infrastructure Advisory Board to
conduct an annual review and performance audit of the Infrastructure Fund and report its findings to the
City Council prior to adoption of the following fiscal-year budget.
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ARTICLE VII
ELECTIONS
Section 700. GENERAL MUNICIPAL ELECTIONS. General municipal elections shall be held in the
city on the first Tuesday after the first Monday in November in each even-numbered year.
Section 701. SPECIAL MUNICIPAL ELECTIONS. All other municipal elections that may be held by
authority of this Charter, or of any law, shall be known as special municipal elections.
Section 702. PROCEDURE FOR HOLDING ELECTIONS. All elections shall be held in accordance
with the provisions of the Elections Code of the State of California, as the same now exists or hereafter
may be amended, for the holding of municipal elections, so far as the same are not in conflict with this
Charter.
Section 703. INITIATIVE, REFERENDUM AND RECALL. There are hereby reserved to the electors
of the City the powers of the initiative and referendum and of the recall of municipal elective officers.
The provisions of the Elections Code of the State of California, as the same now exists or hereafter may
be amended, governing the initiative and referendum and the recall of municipal officers, shall apply to
the use thereof in the City so far as such provisions of the Elections Code are not in conflict with the
provisions of this Charter.
Section 704. NOMINATION PAPERS. Nomination papers for candidates for elective municipal office
must be signed by not less than twenty nor more than thirty electors of the City.
ARTICLE VIII
MISCELLANEOUS
Section 800. TRANSITION. Elective officers and elective officers whose offices are made appointive of
the City shall continue to hold such offices until the completion of their current terms and the election or
appointment and qualification of their respective successors under this Charter. All boards, commissions
and committees presently in existence shall continue to act in accordance with their original grant of
authority until such time as the City Council adopts appropriate ordinances pertaining to their activities or
for one year, whichever occurs first. All lawful ordinances, resolutions, rules and regulations, and
portions thereof, in force at the time this Charter takes effect and not in conflict or inconsistent herewith,
are hereby continued in force until the same shall have been duly repealed, amended, changed or
superseded by proper authority.
Section 801. DEFINITIONS. Unless the provisions or the context otherwise requires, as used in this
Charter:
(a) "Shall" is mandatory, and "may" is permissive.
(b) "City" is the City of Huntington Beach and "department," "board," "commission,"
"agency," "officer," or "employee" is a department, board, commission, agency, officer or
employee, as the case may be, of the City of Huntington Beach.
(c) "County" is the County of Orange.
(d) "State" is the State of California.
(e) The masculine includes the feminine and the feminine includes the masculine.
(f) The singular includes the plural and the plural the singular.
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(g) "Person" includes firm and corporation.
Section 802. VIOLATIONS. The violation of any provision of this Charter shall be a misdemeanor.
Section 803. PROPERTY RIGHTS PROTECTION MEASURE.
(a) The City shall not enact or enforce any measure which mandates the price or other
consideration payable to the owner in connection with the sale, lease, rent, exchange or other transfer by
the owner of real property. Any such measure is hereby repealed.
(b) The word "mandates" as used in subsection (a) includes any measure taken by ordinance,
resolution, administrative regulation or other action of the City to establish, continue, implement or
enforce any control or system of controls on the price or other terms on which real property in the city
may be offered, sold, leased, rented, exchanged or otherwise transferred by its owner. The words "real
property" as used in subsection (a) refer to any parcel of land or site, either improved or unimproved, on
which a dwelling unit or residential accommodation is or may be situated for use as a home, residence or
sleeping place.
(c) This Section 803 shall not apply to:
(1) any real property which contains serious health, safety, fire or building code
violations, excluding those caused by disasters, for which a civil or criminal
citation has been issued by the City and remains unabated for six months or
longer;
(2) any real property owned by a public entity, and real property where the owner
has agreed by contract with the public entity, including the City and any of its
related agencies, to accept a financial contribution or other tangible benefit
including without limitation, assistance under the Community Redevelopment
Law;
(3) any planning or zoning power of the City as relates to the use, occupancy or
improvement of real property and to any real property which the City or any of
its related agencies may acquire by eminent domain, purchase, grant or donation;
(4) any power of the City to require a business license for the sale or rental of real
property, whether for regulation or general revenue purposes;
(5) any dwelling unit or accommodation in any hotel, motel or other facility when
the transient occupancy of that dwelling unit or accommodation is subject to a
transient occupancy tax; or
(6) to impair the obligation of any contract entered into prior to the enactment of this
Section 803 or otherwise required by State law.
Section 804. CHARTER REVIEW. The City Council shall determine if there is a need to convene a
citizen’s Charter Review Commission to conduct a review of the City Charter no less frequently than
every ten years.
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Council Meetings
(All meetings are subject to the Brown Act)
Regular Council Meetings. Regular meetings of the City Council/Public Financing Authority are
held on the first and third Tuesday of each month, and typically begin on or preceding the hour
of 4:00 P.M in the Council Chambers. A Study Session used to present information to Council
for discussion purposes only with no objection being taken or Closed Session may be convened
subject to the Brown Act, and may be scheduled prior to the main, public meeting that
convenes at 6:00 P.M. in the Council Chambers. If a regularly scheduled meeting falls on a
holiday, the meeting will be held on the next business day.
Special Council Meetings. Special meetings including meetings to adjourn to Closed Session
may be called by the Mayor or a majority of the members of the Council, and noticed
accordingly to identify the time and place of the special meeting.
Public Input. Each regular meeting shall provide an opportunity for members of the public to
address the Council on items that are within the subject matter jurisdiction of the Council. The
Mayor, subject to appeal as a decision of the chair, may establish time limits for particular issues
and individual speakers. Members of the public wishing to speak shall follow public comment
instructions provided within the agenda, and will be called to speak at the appropriate time to
provide comments within a 3-minute time limit. No person may donate his or her time to
another speaker.
Parliamentary Procedure
Roberts Rules of Order. In all matters of parliamentary procedure not expressly provided for in
the City Charter or the ordinances or resolutions of the City of Huntington Beach, the procedure
contained in the current edition of Roberts Rules of Order, as it now exists or future revisions
thereof, shall control. Failure to comply with technical procedural rules shall not affect the
Council’s ultimate decision except to the extent the failure violates due process.
Parliamentarian. The City Attorney is parliamentarian for the City Council, and upon the
request of the Mayor or upon his own initiative, shall make rulings on points of parliamentary
procedure.
Motions. Motions may be made by any member of the Council and require a second, except
when a second is not required by Roberts Rules of Order. A motion may be withdrawn by the
mover with the consent of the second and in the absence of objection from any other member
of the Council.
The Vote. The vote on all motions shall be by roll call, and recorded by electronic or other
means necessary to record the vote.
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Division of Question (“Split Vote”). If the question contains two (2) or more divisible
propositions, the Mayor may, and at the request of any Councilperson shall, divide the question
(also called “split vote”). Example:
1. Waive further reading of ordinance/resolution (requires unanimous vote)
2. Adopt
Tie votes. If a vote results in a tie, the motion fails except that on appellate matters a tie vote on
a motion to sustain the lower body’s decision has the effect of sustaining the decision of the
lower body. A tie vote on a negative motion does not approve the affirmative side of the
motion. Thus, a tie vote on a motion to disapprove or not to do something does not
automatically adopt the opposite. After such tie vote, the question should be made in the
affirmative mode.
Rights of Mayor. Each member of Council including the Mayor may make motions, second
motions and vote on motions. The practice of some deliberative bodies where the Chairman
does not vote except to break a tie does not apply to the Council.
Other Actions. Actions which are not required by the City Charter or City ordinances to be in
the form of ordinances or resolutions may be effectuated by minute action.
Minute Actions. In all situations where an action of the Council under the express provisions of
the City Charter or ordinances shall or may be by resolution, a “minute action” of the Council
adopted by at least four (4) affirmative votes shall be deemed a resolution for all purposes, and
such action shall not fail merely because it lacks the form or title of a resolution.
Minute actions require the affirmative votes of a majority of Councilpersons present and voting,
but not less than three (3), except when less than a quorum is present, the lesser number may
adjourn from time to time.
Motion to Reconsider. A motion to reconsider, when appropriate under the Brown Act and
Roberts Rules of Order, may be made at the same meeting or no later than the next regular
meeting if the item is placed on the agenda of the City Council by a Councilperson who voted on
the prevailing side of the motion to which it applies.
• The vote required to adopt a motion to reconsider shall be a simple majority of
Councilpersons present and voting, except that such motion shall require four (4)
affirmative votes in order to reconsider any motion which required four (4) affirmative
votes for adoption.
• A motion to reconsider may be made only once with respect to any motion to which it
applies. However, a motion to reconsider a main motion does not preclude the making
633
of a motion to which it applies.
• A motion to reconsider a main motion does not preclude the making of a motion to
reconsider the main motion as amended.
• A motion to amend may be reconsidered.
• A motion to reconsider a motion to reconsider is not permitted. The vote on the motion
to reconsider shall be taken at the time the motion to reconsider is made except that the
vote on a motion “to reconsider and enter upon the minutes” shall be taken at the next
regular meeting of the City Council if said minutes are on the agenda.
• The effect of the adoption of a motion to reconsider is to vacate the vote taken on the
motion to which it applies and to present the motion to which it applies to the body for
action as if no vote had been taken on it. The new vote on the motion to which it applies
neither sustains nor overrules such motion because the old vote is vacated, and the new
vote is taken as though no previous vote had been taken.
Vote Required on Appellate Matters. Where action has been taken by a lower body that would
be final if not appealed, such as decisions by the Zoning Administrator or the Planning
Commission, and is subsequently appealed to the higher body, the following procedure applies:
1. If the motion is to sustain the lower body’s decision, a majority of those present and
voting is sufficient (four (4) affirmative votes not required). It is not necessary to make a
motion to overrule. When there is a tie vote, the lower body is sustained. However, if
the motion to sustain gets less than a tie vote, a motion to overrule must be made.
2. If the motion is to overrule the decision of the lower body, four (4) affirmative votes are
required. If there are less than four (4) affirmative votes, the decision of the lower body
is deemed sustained and no further vote is required.
3. If a motion is made to modify the decision of the lower body, two separate steps must
be taken:
a) First, the motion to modify requires four (4) affirmative votes.
b) Second, if the motion to modify is adopted, a motion to sustain the decision of the
lower body as modified requires the same vote as the motion to sustain.
c) A motion to overrule the decision of the lower body, as modified, requires four (4)
affirmative votes. If there are less than four affirmative votes, the decision of the
lower body, as modified, is deemed sustained without further vote.
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d) If a motion to modify fails, the next motion is either to sustain or to overrule the
subordinate body.
Doing Business After 11:00 P.M. No meeting shall continue beyond 11:00 P.M. without a
majority vote of the Council (Resolution No. 2015-46).
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The Agenda Process
The Agenda Process is a schedule of activities that occur prior to placing an item on the City
Council/Public Financing Authority agenda. In March 2003, Council approved a policy that
provided a timeline for agenda-related activities to facilitate timely compilation and delivery of
the agenda packet to Council, staff, and the public. Agenda activities include creation of a
Request for Council Action (RCA/staff report), and depending upon the type of request, may
require scheduling a public hearing, submitting a Request for Legal Service (RLS) to the City
Attorney (legal review of a document or request to prepare a resolution or ordinance), review of
fiscal impact information by the Finance Department, and others.
All RCAs must be submitted to the City Manager for review and approval. The City Manager may
request department modifications to the RCA, and once approved, the RCA is forwarded to the
City Clerk for additional review for complete materials and final placement on a future agenda.
The City Clerk prepares a draft agenda and presents it to the City Manager, City Attorney,
department heads and select Councilmembers at Agenda Review, a meeting held each Monday
afternoon the week preceding a regularly scheduled City Council meeting. This meeting is
designed to provide staff and the Mayor an opportunity to share information, ask questions or
make recommendations to the agendized items. Agenda Review is also the last day a
Councilmember can place an item on the agenda. Exceptions can be made for a time-sensitive
item that cannot be delayed to a future Council meeting. Items placed on the agenda by
individual Councilmembers will be agendized for future action by the City Manager.
Following Agenda Review, agenda packet material is finalized and electronically compiled into
iLegislate, the application used by Council and staff to review agenda-related materials on City-
issued iPads or personal e-devices. At 5:00 p.m. on the Wednesday preceding a regularly
scheduled City Council meeting, Council is advised by email communication that the e-packet is
accessible and ready for downloading onto their City-issued iPads or personal e-devices.
Following release to Council, agenda material is made visible to staff and the public at
https://huntingtonbeach.legistar.com/Calendar.aspx. If a holiday occurs on the Monday or
Tuesday prior to Wednesday’s scheduled agenda packet release, delivery of packet material to
Council and the public may delayed by one additional day.
Please refer to the 2022 City Council Agenda Deadline Schedule (attached) as an outline of the
agenda process schedule for staff and Councilmembers.
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2022 CITY COUNCIL AGENDA DEADLINE SCHEDULE
MEETING
DATE
PUBLIC
HEARING
NOTICE
DUE TO
CITY CLERK
(20 Days Prior)
RCA DUE TO
FINANCE
MON. 5 PM
(15 Days Prior)
RCA DUE TO
CITY
MANAGER
WED. 5 PM
(13 Days Prior)
CITY
MANAGER’S
AGENDA
REVIEW
(Councilmember
Items Due)
MON. 4 PM
(8 Days Prior)
PACKET
RELEASE
WED. 5 PM
(6 Days Prior)
01/18 12/29/21 01/03 01/05 01/10 01/12
02/01 01/12 *01/18 01/19 01/24 01/26
02/15 01/26 01/31 02/02 02/07 02/09
03/01 02/09 02/14 02/16 02/22 02/23
03/15 02/23 02/28 03/02 03/07 03/09
04/05 03/16 03/21 03/23 03/28 03/30
04/19 03/30 04/04 04/06 04/11 04/13
05/03 04/13 04/18 04/20 04/25 04/27
05/17 04/27 05/02 05/04 05/09 05/11
06/07 05/18 05/23 05/25 05/31 06/01
06/21 06/01 06/06 06/08 06/13 06/15
07/05 06/15 06/20 06/22 06/27 06/29
07/19 06/29 *07/05 07/06 07/11 07/13
08/02 07/13 07/18 07/20 07/25 07/27
08/16 07/27 08/01 08/03 08/08 08/10
09/06 08/17 08/22 08/24 08/29 08/31
09/20 08/31 *09/06 09/07 09/12 09/14
10/04 09/14 09/19 09/21 09/26 09/28
10/18 09/28 10/03 10/05 10/10 10/12
11/01 10/12 10/17 10/19 10/24 10/26
11/15 10/26 10/31 11/02 11/07 11/09
12/06 11/16 11/21 11/23 11/28 11/30
12/20 11/30 12/05 12/07 12/12 12/14
*Holiday
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Procedure for Selection of Mayor Pro Tem
The procedure for selection of the Mayor Pro Tem, pursuant to Resolution No. 6320, Charter
Sections 305 and 306, shall be as follows:
1. At the City Council meeting following any general or special municipal election at which
any Councilmember is installed, or as soon thereafter as the results of the election are
certified, the Council shall elect a Mayor and a Mayor Pro Tem. In non-election years,
the selection of Mayor and Mayor Pro Tem shall be made at the first regular meeting
held in December.
2. The Mayor and Mayor Pro Tem shall serve terms of one year.
3. The member of the Council serving as Mayor Pro Tem shall become the Mayor upon the
expiration of the seated Mayor’s term.
4. The member of the Council having the longest consecutive City Council service shall
become the Mayor Pro Tem.
a) In the event that two Councilmembers have the same length of service, then the
member who received the greatest number of votes in the last Council election in
which such member was elected shall become Mayor Pro Tem.
b) If any member declines his/her term as it arises in rotation, that member shall
remain in the same place in the rotation cycle as if he/she had served.
c) Any Councilmember who has served as Mayor within the last four years will not be
eligible for election as Mayor Pro Tem.
640
641
Code of Ethics
In October 1993, the City Council adopted a City Code of Ethics by ordinance and resolution that
would set a standard of conduct for all elected officials, officers, employees, and members of
advisory boards, commissions, and committees of the City of Huntington Beach.
The most recent revision to the Code of Ethics was approved in November 2016. Resolution No.
2016-73 requires that the City Council, City Departments, and all boards, commissions and
committees are to formally review the Code of Ethics with their members on an annual basis. In
January of each year, the Mayor presents the Code of Ethics to the City Council, and “directs the City
Clerk to record in the official minutes that the City Code of Ethics was presented to the City Council,
City Manager, Chairpersons, and City Department Directors for their review and distribution as
required by Resolution No. 2016-73.”(1)
The Council also finds that “Any official found to be in violation of the Code of Ethics may be subject
to censure by the City Council. Any member of an advisory board, commission or committee found
to be in violation may be subject to dismissal. In the case of an employee, appropriate action shall
be taken by the City Manager or by an authorized designee.”(2)
(1)Resolution 2016-73
(2)Resolution Nos. 6524 (10/93); 6540 (11/93)
642
City of Huntington Beach
Code of Ethics
Preamble
The citizens of the City of Huntington Beach are entitled to responsible, fair and honest city
government that operates in an atmosphere of respect and civility. Accordingly, the Huntington
Beach City Council, adopts this code to:
1. Describe the standards of behavior to which its leaders and staff aspire.
2. Provide an ongoing source of guidance to elected leaders, city officials and staff in their
day-to-day service to the city.
3. Promote and maintain a culture of ethics.
Pledge
On , the City Council of the City of Huntington Beach adopted a Code of
Ethics, which applies to all City elected or appointed officials, city employees, and members
of its boards, commissions, committees, and task forces and requires the following pledge:
Code of Ethics
Responsibility
• I understand that the community expects me to serve with dignity and respect, as well
as be an agent of the democratic process.
• I avoid actions that might cause the public to question my independent judgment.
• I do not use my office or the resources of the city for personal or political gain.
• I am a prudent steward of public resources and actively consider the impact of my
decisions on the financial and social stability of the city and its citizens.
Fairness
• I promote consistency, equity and non-discrimination in public agency decision-making.
• I make decisions based on the merits of an issue, including research and facts.
• I encourage diverse public engagement in our decision-making processes and support
the public's right to know.
Respect
• I treat my fellow city officials, staff, commission members and the public with patience,
courtesy, civility, and respect, even when we disagree on what is best for the
community and its citizens.
Honesty
• I am honest with all elected officials, staff, commission members, boards, the public and
others.
• I am prepared to make decisions when necessary for the public's best interest, whether
those decisions are popular or not.
• I take responsibility for my actions, even when it is uncomfortable to do so.
643
ACKNOWLEDGEMENT PROCESS FOR THE
CITY OF HUNTINGTON BEACH
CODE OF ETHICS
• All current elected and appointed city officials including current members
of all city boards, commissions, committees, and task forces, and all
current city employees will be given a copy of the newly adopted City Code
of Ethics following its adoption on and asked to sign an
acknowledgement form at that time.
THEREAFTER:
• All elected officials of the city will be given a copy of the City Code of
Ethics and asked to sign an acknowledgement form at the time of their
swearing in.
• All new employees of the city will be given a copy of the City Code of
Ethics and asked to sign an acknowledgement form as part of their new
employee orientation.
• Each new member of a city board, commission, committee, or task force
will be given a copy of the City Code of Ethics and asked to sign an
acknowledgement form at their first meeting.
644
CITY OF HUNTINGTON BEACH
CODE OF ETHICS
ACKNOWLEDGEMENT OF RECEIPT FORM
Name
Title
Board/Department
Date
Signature
645
646
Required Trainings for Council Members
AB 1234 – Ethics; AB 1661 – Sexual Harassment Prevention
Ethics Training
In addition to the City Code of Ethics, effective January 1, 2016, each local official of cities,
counties, and special districts in California are mandated by state law to receive at least two
hours of training in general ethics principles and ethics laws relevant to his or her public service
every two years.
The City Attorney's Office runs training sessions in compliance with the requirements of AB 1234
approximately every six months. An online training program by FPPC on a cost-free basis can be
accessed via their website at http://www.fppc.ca.gov/learn/public-officials-and-employees-rules-
/ethics-training.html. The Institute of Local Government (ILG) also offers two one-hour self-study
exercises (https://www.ca-ilg.org/ethics-education-and-training-ab-1234) as an option for local
officials to satisfy AB 1234 requirements.
Sexual Harassment Prevention Training and Education
State law requires all city officials in California to complete at least 2-hours of sexual harassment
prevention training and education if the local agency provides any type of compensation, salary,
or stipend to those officials. This training content includes federal and state statutes outlawing
sexual harassment, solutions available to victims, and “practical examples” to teach officials how
to prevent sexual harassment, discrimination, and retaliation in the workplace.
Thus, City Council member must receive training within the first six months of taking office and
renew at least once every two years. Attendance to this training is aligned with the City’s
commitment to preventing inappropriate conduct at all times and creating a work environment
that is safe, respectful, and free of any types of harassment, discrimination and retaliation.
See Administrative Regulation 412 (attached) for more details.
Training and/or education may be offered internally through the City Attorney’s Office, or by ILG,
nonprofits, or commercial organizations -- please consult with the City Clerk’s office. Costs
related to attend such trainings can be reimbursed by the City.
NOTE: When these trainings are finished, you must print the Certification of Completion (both)
provided at the end of such trainings and submit a copy of the certificate to the City Clerk in a
timely manner.
These laws require the City Clerk to retain training records for five (5) years minimum as these
public records are subject to disclosure under the California Public Records Act, as specified.
647
648
649
650
651
652
653
654
655
656
657
658
Statewide Ballot Propositions
The City Council shall take no stand, either pro or con, with respect to any statewide ballot
proposition. (Resolution 4344 – 10/76)
Appeal of Planning Decisions
A City Council member may appeal a decision of the director, Design Review Board,
Environmental Assessment Committee, Subdivision Committee, Planning Commission or Zoning
Administrator. The appeal shall be processed in the same manner as an appeal by any other
person but need not be accompanied by the fee prescribed for an appeal. (HBZSO §248.28)
The City Council member appealing the decision is not disqualified by that action from
participating in the appeal hearing and the deliberations nor from voting as a member of the
reviewing body. (HBZSO §248.28)
The time limit for filing the appeal is ten (10) calendar days after the decision. The appeal must
specify in detail the reasons for the appeal, and the hearing is limited to the specific reasons.
Guidelines for Councilpersons representing the
City at conferences or other such meetings
At any conference or other such meeting where the City is represented by one or more
members of the City Council, the following guidelines shall be followed per Resolution 4366-
12/76:
1. Whenever possible, Councilpersons shall represent the City as “instructed delegates by
majority vote of the City Council.”
2. In the event no prior instructions or directions have been given, a poll shall be taken of the
delegates attending such conference, or other such meeting, so that any vote or action
taken by such Councilpersons shall reflect the wishes of a majority of delegates.
3. In the event no prior instructions or directions have been given delegates, or in the event
that the City of Huntington Beach is not represented at a conference or other such meeting,
but the matter at issue is one on which the Orange County League of Cities has taken a
stand concurred in by the City of Huntington Beach, the City Council shall be bound by the
action taken on such issue by the Orange County League of Cities.
Additional guidelines include:
4. Members of the Council should avoid discussion or comment on the City matters at
conferences or other such meetings or on social media, other than as part of the
scheduled program. Discussions where 4 or more City Councilmembers are present could
659
inadvertently create a “serial meeting” of a majority of the members of the Council in
violation of the Brown Act.
5. Each Councilmember has a travel budget used for expenses when attending conferences
or training. The Council’s Administrative Assistant can verify each year the amount
budgeted for travel, and guidelines for use of funds can be found in Resolution No. 2006-
79 (attached). A per diem allowance is available for each full day of out-of-town travel to
a conference or training, and/or on official business authorized by the Council. If/when a
Councilmember depletes allocated travel funds, additional travel may be funded by
another Councilmember who still has travel funds available.
6. If any more than 3 Councilmembers want to attend the same conference, then seniority
would determine who attends. Seniority is determined by the Councilmember position
with the Mayor having first right of refusal and the immediate past Mayor placed at the
bottom of the list.
660
661
662
663
664
665
666
Appointments to Boards, Commissions and Committees
When a vacancy occurs for any reason on any board or agency over which Council has
power to fill by appointment, subject to the provisions of the Maddy Act (Government Code
§ 54970), the following procedure shall be used to fill such vacancy:
1. On or before December 31 of each year, the City Clerk shall prepare and bring
before Council for approval the Maddy Act Local Appointments List (attached), that
alerts citizens of vacancies scheduled to occur on regular and ongoing boards,
commissions and committees appointed by Council in the following year.
2. The Local Appointments List will be published and remain on the City’s website for
the entire year, and shall also be posted at bulletin board locations accessible to the
public.
3. When an unscheduled vacancy occurs, a special Notice of Vacancy (NOV) shall be
published and posted not earlier than twenty (20) days before, or not later than
twenty (20) days after, the vacancy occurs. A final appointment shall not be made
for at least ten (10) working days after a posting of vacancy. If Council finds that an
emergency exists, it may fill the vacancy immediately provided that the person
appointed shall serve only on an acting basis until the final appointment is made.
4. The Council shall, as soon as is reasonably possible, fill any such vacancies, but
nothing herein shall be construed to limit its choice to a person who has submitted
an application, as outlined above.
Based on applications received per each board, commission or committee, Council and staff
liaisons will work together to evaluate each applicant’s qualifications, and put forth a
recommendation to the City Council for approval.
667
City of Huntington Beach
LOCAL APPOINTMENTS LIST – 2022
Opportunity for Public Service on
City Boards, Commissions, Committees
CITY BOARDS, COMMISSIONS AND COMMITTEES TERMS
WHICH HAVE EXPIRATION DATES OCCURING IN CALENDAR YEAR 2022
This list is prepared to inform members of the community of opportunities to serve on City boards,
commissions, committees, and to invite applications from interested parties per Chapter 11,
Section 54970, Part 1, Division 2, Title 5 of the California Government Code.
Please note that the following information pertains to openings that will be available in 2022 because
of expiration of members’ terms. Very often during the year there will be openings on boards,
commissions and committees because members resign. These openings are posted separately at
the Civic Center and Huntington Central Library, and are listed on the city’s website at:
https://www.huntingtonbeachca.gov/government/boards_commissions/notice_of_vacancies.cfm.
Applications for public service on a City Board, Commission, Committee can be accessed here:
https://huntingtonbeachca.gov/government/boards_commissions/.
ROBIN ESTANISLAU, CITY CLERK
Office of the City Clerk
2000 Main Street, 2nd Floor
714-536-5227
668
CHARTER REVISION COMMITTEE
(Ad-hoc Committee with Individual Council Appointees; See Notices of Vacancies for Potential
Openings)
Current Appointee Date of Appointment Appointed By
Cynthia Benton 10-05-2021 Rhonda Bolton
Casey McKeon 09-21-2021 Erik Peterson
Scott Miller 10-19-2021 Dan Kalmick
Damon Mircheff 10-05-2021 Natalie Moser
Leonie Mulvihill 09-21-2021 Kim Carr
Charles Ray 09-21-2021 Mike Posey
Dianne Thompson 10-05-2021 Barbara Delgleize
Mission/Purpose: Charter Revision Committees periodically review the City Charter and
potentially recommend amendments to improve the structure, transparency, and efficacy of City
operations. Amendments should reflect the systems, culture, and needs of the community as
they evolve over time.
Members and Appointments: The Charter Revision Committee includes seven members who are
individually appointed by a City Councilmember. Each member’s term also coincides with the term
of their appointing Council Member. This is an ad-hoc committee formed by Council action and
may be disbanded once its mission/purpose are achieved. Committee Members
Meeting Dates and Times: The Charter Revision Committee meets the second and fourth
Thursday of each month at 6:00 p.m. in Room B-7 of the Civic Center; additional meetings may
be scheduled, as necessary. All meetings are open to the public, and special meetings may be
called in conformance with the Ralph M. Brown Act. Staff support is provided by the City
Manager’s Office at (714) 536-5553.
Necessary Requirements: Must be a U.S. citizen and elector / resident of the City of
Huntington Beach. Basic knowledge about the City Charter and the revision process is
desirable.
Vacancies: In the event a member retires or is unable to complete his / her term, an
appointment shall be made to fill the remainder of the unexpired term. To find out the current
vacancies, please visit the Notice of Vacancies webpage.
669
CIAB/PUBLIC WORKS COMMISSION*
(Term Limits Not Applicable; See Notices of Vacancies for Potential Openings)
Current Appointee Date of Appointment Appointed By
David Gins, Chair 12-21-2020 Natalie Moser
Karla Tucker, Vice Chair 01-06-2019 Kim Carr
David Cicerone 01-18-2017 Erik Peterson
Michael Elliott 02-19-2019 Kim Carr
Jaclyn Ferlita 03-01-2020 Mike Posey
Cory Johnson 12-21-2020 Dan Kalmick
Quang Nguyen 01-18-2017 Barbara Delgleize
Alex Schlosser 07-06-2015 Mike Posey
Steven Shepherd 01-19-2021 Dan Kalmick
Stacy Taylor 02-01-2021 Barbara Delgleize
John Villa 11-16-2021 Rhonda Bolton
Mission/Purpose: The mission of the CIAB/Public Works Commission is to review and make
recommendations related to Public Works capital improvement projects and programs. In 2021,
the City Council voted in favor of consolidating the Citizens’ Infrastructure Advisory Board,
Beautification, Landscape, and Trees (BLT) Committee, and the Public Works Commission.
Members and Appointments: All current members of the Citizens Infrastructure Advisory
Board (CIAB) and Public Works Commission members in good standing will continue to serve
until their terms sunsets. The Commission will thereafter consist of seven (7) members made
by direct appointment of each City Councilmember to a term that coincides with the City
Councilmember's term.
Members may have no interest in any contract with the City, either during their term or for a
period of one year after cessation of Commission service. All members serve without
compensation, may hold no other office or employment in city government and no other
employment that is incompatible with Commission service. Appointments to this board must file
California Form 700 - "Statement of Economic Interests."
Meeting Times and Dates: The CIAB/Public Works Commission holds regular monthly
meetings on the third Wednesday of each month at 5:00 PM at the Utilities Yard located on
19021 Huntington Street. All meetings are open to the public and special meetings may be
called in conformance with the Ralph M. Brown Act. Staff support is provided by the Public
Works Department at (714) 375-5055.
Necessary Requirements: Must be a U.S. citizen and elector / resident of the City of
Huntington Beach with special interest, training, and/or experience in the field of Public Works.
Vacancies: In the event a member retires or is unable to complete his / her term, an
appointment shall be made to fill the remainder of the unexpired term. To find out the current
vacancies, please visit the Notice of Vacancies webpage.
*Pending City Council approval on 12/21/2021.
670
CITIZENS PARTICIPATION ADVISORY BOARD
(Term Limits Not Applicable; See Notices of Vacancies for Potential Openings)
Current Appointee Date of Appointment Appointed By
Peter Andres 02-01-2017 Barbara Delgleize
Parna Ghosh 01-01-2021 Dan Kalmick
Gigi Jackson 08-01-2020 Kim Carr
Macey Lachman 01-01-2021 Natalie Moser
Mike Massie 01-01-2020 Erik Peterson
VACANT TBD Rhonda Bolton
VACANT TBD Mike Posey
Mission/Purpose: The mission of the Citizens Participation Advisory Board (CPAB) is to review
and submit recommendations to City Council on allocations for Community Development Block
Grant (CDBG) funds.
Members and Appointments: The CPAB includes seven members made by direct appointment of
each City Councilmember to a term that coincides with the City Councilmember's term.
Meeting Dates and Times: The CPAB holds regular meetings January through March, per a
schedule determined annually. Meetings begin at 6:00 p.m. in Room B-8 of the Civic Center;
additional meetings may be required depending on the number of grant applications received or
as other issues arise. All meetings are open to the public, and special meetings may be called in
conformance with the Ralph M. Brown Act. Staff support is provided by Community Enhancement
at (714) 536-5470.
Necessary Requirements: Must be a U.S. citizen and elector / resident of the City of
Huntington Beach; members shall have an interest in assessing the needs of the community,
particularly that of low- and moderate-income households. Low-income and disadvantaged
persons are encouraged to apply.
Vacancies: In the event a member retires or is unable to complete his / her term, an
appointment shall be made to fill the remainder of the unexpired term. To find out the current
vacancies, please visit the Notice of Vacancies webpage.
671
COMMUNITY AND LIBRARY SERVICES COMMISSION*
(Term Limits Not Applicable; See Notices of Vacancies for Potential Openings)
Current Appointee Date of Appointment Appointed By
Pat Burns 01-21-2021 Erik Peterson
Laura Costelloe 12-21-2020 Natalie Moser
Dr. Richard Harrison 10-19-2021 Dan Kalmick
Lisa Kemmerer 12-17-2018 Kim Carr
Janis Mantini 12-13-2017 Barbara Delgleize
Elaine Parker 09-03-2019 Library Board of Trustee
Rev. James Pike 05-18-2020 Mike Posey
Faith Vogel 04-06-2009 Library Board of Trustee
Mission/Purpose: The mission of the Community and Library Services Commission is to make
recommendations to City Council on matters relating to development, acquisition, and renovation
of parks, beach, libraries, and recreational facilities. In 2021, the City Council voted in favor of
consolidating the Community Services Commission and the Library Board.
Members and Appointments: All current members of the Community Services Commission
and the Library Board members in good standing will continue to serve until their terms sunsets.
The Commission will thereafter consist of seven (7) members made by direct appointment of
each City Councilmember to a term that coincides with the City Councilmember's term.
The Commission cooperates with other governmental agencies and civic groups in the
advancement of sound parks, recreational planning, and library services under the direction of
the City Council. Commissioners study, report and interpret the needs of the public to the City
Council, including conducting public meetings to garner community input on projects and facilities.
The Commission reviews the annual Capital Improvement Projects budget as presented to the
City Council and advises them on the current needs and long-range plans.
Meeting Dates and Times: The Commission meets regularly on the second Wednesday of each
month at 6:00 p.m. in the City Council Chambers, 2000 Main Street, Huntington Beach, CA. Al l
meetings are open to the public, and special meetings may be called in conformance with the
Ralph M. Brown Act. Staff support is provided by the Community and Library Services Department
at (714) 536-5486.
Necessary Requirements: Must be a U.S. citizen and elector / resident of the City of Huntington
Beach; interested in recreational programming, development of parks and the operation and
conduct of City libraries
Vacancies: In the event a member retires or is unable to complete their term, an appoint ment
shall be made to fill the remainder of the unexpired term. To find out the current vacancies, please
visit the Notice of Vacancies webpage.
*Pending City Council approval on 12/21/2021.
672
DESIGN REVIEW BOARD
(Resignations Occur; See Notices of Vacancies for Potential Openings)
Current Appointee Date of Appointment Date of Expiration
Kathie Schey, October 2012 June 2025
Historic Resources Board Rep.
Connie Mandic, August 2021 December 2022
Planning Commission Rep.
Jeffery Dahl November 2016 July 2023
At-Large Member
VACANT Pending CC Appointment N/A
At-Large Member
VACANT Pending CC Appointment N/A
At-Large Member
Mission/Purpose: The Design Review Board (DRB) assists the Community Development
Director, Zoning Administrator, and Planning Commission in reviewing development plans and
architectural drawings within designated geographic areas of the City, makes recommendations
and may impose conditions or modifications on projects reviewed.
Specifically, the DRB reviews design, colors and materials for projects located within Specific
Plan Areas, and areas designated by City Council, City facilities or projects abutting or adjoining
City facilities, projects in or abutting or adjoining OS-PR and OS-S districts, and General Plan
primary and secondary entry nodes. This process ensures that the aesthetic values of the
adopted Urban Design Guidelines are implemented through high quality architectural style,
superior landscaping and compatibility of design with surrounding properties.
Members and Appointments: The DRB is comprised of five members: one Planning
Commission member, one Historic Resources Board member, and three at-large members that are
recommended by two Council liaisons, and appointed by a majority of the City Council. At-large
members serve four-year terms.
Appointments to this board must file California Form 700 - "Statement of Economic Interests."
Meeting Dates and Times: The DRB meets regularly on the second Thursday of each month
at 3:30 P.M. in Room B-8 located at the Lower Level of City Hall. All meetings are open to the
public, and special meetings may be called in conformance with the Ralph M. Brown Act. Staff
support is provided by the Community Development Department at (714) 536-5271.
Necessary Requirements: Must be a U.S. citizen and a elector / resident of the City of
Huntington Beach; interested in guiding, encouraging and promoting the maintenance of
harmonious, compatible, attractive and aesthetic developments within special and unique areas
of the City. Members must have training, education or work experience in design-related fields
including, but not limited to, architecture, landscaping, art, urban/environmental design and
aesthetics.
Vacancies: In the event a member retires or is unable to complete his / her term, an
appointment shall be made to fill the remainder of the unexpired term. To find out the current
vacancies, please visit the Notice of Vacancies webpage.
673
ENVIRONMENTAL AND SUSTAINABILITY BOARD*
(Resignations Occur; See Notices of Vacancies for Potential Openings)
Current Appointee Date of Appointment Date of Expiration
Tony Soriano, Chair 10-21-2019 06-30-2023
Bud Benneman, Vice-Chair 10-21-2019 06-30-2023
KC Fockler 10-21-2019 06-30-2023
Kathleen McGowan 10-21-2019 06-30-2023
Joan Siegal 10-21-2019 06-30-2023
Mission/Purpose: The Environmental & Sustainability Board has the duty to provide advice and
monitor the City’s comprehensive Sustainability Master Plan that incorporates water and energy
conservation, resource recovery/waste management, renewable/recycle products, air quality,
mobility and other pertinent issues that affect the overall sustainability of Huntington Beach.
Members and Appointments: The Board consists of seven (7) voting members including five
individuals that are recommended by two Council liaisons and appointed by the City Council, and
plus two City Council liaisons. The City Council liaisons shall serve as chair and vice chair of the
Board.
Meeting Dates and Times: The Board meets regularly on the second Wednesday of the
month at 6:00 pm in Room B-8, Lower Level of City Hall. All meetings are open to the public.
Staff support is provided by the Community Development Department at (714) 536-5271.
Necessary Requirements: Must be a U.S. citizen and elector / resident of the City of Huntington
Beach; have a general interest in the environment and protecting its quality, state and federal
environmental legislation and its impact upon the community, energy conservation, and solid
waste disposal.
Vacancies: In the event a member retires or is unable to complete his / her term, an appointment
shall be made to fill the remainder of the unexpired term. For current vacancies, check out
the Notice of Vacancies page.
*Pending City Council approval on 12/21/2021.
674
FINANCE COMMISSION
(Term Limits Not Applicable; See Notices of Vacancies for Potential Openings)
Date of Appointment Appointed By
12-04-2017 Erik Peterson
12-23-2020 Natalie Moser
01-22-2019 Kim Carr
09-07-2021 Rhonda Bolton
03-02-2020 Barbara Delgleize
12-14-2020 Dan Kalmick
Current Appointee
Frank Lo Grasso
Jamie Craver
Stephanie Gledhill
Janet Michels
Lawrence Owen
Robert Sternberg
Tony Strickland 09-21-2021 Mike Posey
Mission/Purpose: The purpose of the Finance Commission is to act in an advisory capacity to
the City Council in matters pertaining to financial planning, specifically:
Mid-Year Budget Review & Budget Kickoff
Year End Audit, Single Audit, and new GASB Standards Review
CIP & Infrastructure Calculation Review
Adopted Budget Review
Investment Update & Debt and Refinancing Opportunities
Year-End Review
Members and Appointments: The Commission includes seven members made by direct
appointment of each City Councilmember to a term that coincides with the City
Councilmember's term.
Meeting Dates and Times: The Finance Commission holds regular meetings on the fourth
Wednesday of every other month (6x per year) at 5:00 PM in Meeting Rooms B-7 / B-8 of City
Hall. All meetings are open to the public, and special meetings may be called in conformance with
the Ralph M. Brown Act. Staff support is provided by the Finance Department at (714) 536-5630.
Note: Appointments to this board must file California Form 700 - "Statement of Economic
Interests."
Necessary Requirements: Must be a U.S. citizen and elector / resident of the City of
Huntington Beach.
Vacancies: In the event a member retires or is unable to complete his / her term, an
appointment shall be made to fill the remainder of the unexpired term. For current vacancies,
check out the Notice of Vacancies page.
675
FOURTH OF JULY EXECUTIVE BOARD
(Resignations Occur; See Notices of Vacancies for Potential Openings)
Current Appointee Date of Appointment Date of Expiration
Andi Hamamoto-Kowal March 2011 TBD upon reappointment
Pat Love TBD upon reappointment
Karen Pedersen December 2002 TBD upon reappointment
Linda Virks December 2008 TBD upon reappointment
Chris Young December 2008 TBD upon reappointment
VACANT TBD 12/31/2025
VACANT TBD 12/31/2025
VACANT TBD 12/31/2025
VACANT TBD 12/31/2025
Mission/Purpose: The Fourth of July Executive Board assists in the production of the Fourth of
July Parade and festivities.
Members and Appointments: The Board shall consist of nine to fifteen members,
recommended for appointment by two City Council liaisons, and approved by a majority of the
City Council. The Executive Board serves as an advisory body to the City Council, implementing
policy as set by the City Council, and shall work with staff and volunteers to assist in
coordinating the City’s annual Fourth of July parade (fundraising, coordination and presentation
of the City's annual Fourth of July Celebration, including a parade, fireworks, 5K run, and
related entertainment).
Meeting Dates and Times: The Board meets monthly on the 1st Wednesday at 6:00 pm year-
round, with two meetings in May and weekly or as-needed meetings in June. All meetings are
open to the public, and special meetings may be called in conformance with the Ralph M. Brown
Act. Staff support is provided by the Community and Library Services Department at (714) 536-
5486.
Necessary Requirements: Must be a U.S. citizen and elector / resident of the City of
Huntington Beach. Preferred candidates will have experience in one or more of the following
areas: fundraising, event planning, public relations, marketing, and volunteer coordination.
Vacancies: In the event a member retires or is unable to complete his / her term, an
appointment shall be made to fill the remainder of the unexpired term. To find out the current
vacancies, please visit the Notice of Vacancies webpage.
676
HARBOR COMMISSION
(Resignations Occur; See Notices of Vacancies for Potential Openings)
Current Appointee Date of Appointment Date of Expiration
William (Bill) Larkin, Chair 3-04-2019 12-31-2022
Michael (Mike) Vanvoorhis, Vice Chair 3-04-2019 12/31/2024
Kimberley Milligan 3-04-2019 12-31-2022
Chris Nielsen 3-16-2020 12-31-2022
Craig Schauppner 3-04-2019 12-31-2022
Van Vu* 12-21-2021 12-31-2024
Diane Wood* 12-21-2021 12-31-2024
*Pending CC Appointment approval on 12/21/2021
Mission/Purpose: The Harbor Commission serves in an advisory capacity to the City Council in
all matters related to Huntington Beach Harbor, its beaches, facilities, and parks. The Commission
advises the City Council about waterway safety, general infrastructure (e.g. seawalls, pier
headlines, bulkheads etc.), water quality and Municipal Code amendments.
The Harbor Commission also cooperates with other governmental agencies and civic groups for
the advancement of the Huntington Harbor and recreational planning under the direction of the City
Council.
Members and Appointments: The Commission shall consist of seven (7) members,
recommended for appointment by two City Council liaisons, and approved by a majority of the City
Council.
Meeting Dates and Times: The Commission meets on the fourth Thursday of each month at 5:00
p.m. in meeting Room B-8 on the Lower Level of the Civic Center, 2000 Main Street, Huntington
Beach, CA. All meetings are open to the public, and special meetings may be called in
conformance with the Ralph M. Brown Act. Staff support is provided by the Fire Department at
(714) 536-5411. Staff support is provided by Fire Chief Scott Haberle, Fire Division Chief Eric
McCoy and Senior Administrative Analyst Kevin Justen.
Necessary Requirements: Must be a U.S. citizen and elector / resident of the City of
Huntington Beach.
Vacancies: In the event a member retires or is unable to complete his term, an appointment
shall be made to fill the remainder of the unexpired term. To find out the current vacancies,
please visit the Notice of Vacancies webpage.
677
HISTORIC RESOURCES BOARD
(Resignations Occur; See Notices of Vacancies for Potential Openings)
Current Appointee Date of Appointment Date of Expiration
Kathie Schey, Chair 7-01-2021 6-30-2025
Amory Hanson 7-01-2021 6-30-2025
Susan Nguyen 7-01-2021 6-30-2025
Joe Santiago 7-01-2019 6-30-2023
Dave Wentworth, Sr. 7-01-2019 6-30-2023
Duane Wentworth 7-01-2021 6-30-2025
Mark Zambrano 7-01-2021 6-30-2025
Mission/Purpose: The purpose of the Historic Resources Board is to encourage and promote
programs and activities that enhance public awareness of historic resources. The Board shall
serve as an advisory body to City Council, as well as a liaison to Council for local, state and federal
groups and agencies whose interest involves historic issues .
Members and Appointments: The Board includes not less than seven (7) nor more than nine (9)
members, recommended for appointment by two City Council liaisons, and approved by a majority
of the City Council.
Meeting Dates and Times: The Board meets as needed on the 3rd Wednesday of each month at
5:00 p.m. in Room B-7 (lower level) of Civic Center. All meetings are open to the public, and
special meetings may be called in conformance with the Ralph M. Brown Act. Staff support is
provided by the Community and Library Services Department at (714) 960-8836.
Necessary Requirements: Must be a U.S. citizen and elector / resident of the City of
Huntington Beach; preferably general interest in local history.
Vacancies: In the event a member retires or is unable to complete his term, an appointment
shall be made to fill the remainder of the unexpired term. To find out the current vacancies,
please visit the Notice of Vacancies webpage.
678
HUMAN RELATIONS COMMITTEE
(Resignations Occur; See Notices of Vacancies for Potential Openings)
Current Appointee Date of Appointment Date of Expiration
V.C. Rhone, Chair 12-18-2017 12-31-2023
Chris Hoff, Vice Chair 03-15-2021 12-31-2025
Debbi Parrott, Secretary 03-15-2021 12-31-2023
Antonio Benitez 01-21-2020 12-31-2025
Teresa Carlisle 01-21-2020 12-31-2023
Elaine Keeley 10-05-2021 12-31-2025
Hemesh Patel 01-21-2020 12-31-2025
Jonathan Smith 10-05-2021 12-31-2023
Timothy Stuart 01-21-2020 12-31-2023
Mission/Purpose: The Human Relations Committee’s mission is to inspire and promote mutual
understanding, respect, safety, and the wellbeing of all in our community through education and
engagement.
Members and Appointment: The Committee shall consist of nine (9) members recommended
for appointment by two City Council liaisons, and approved by a majority of the City Council.
The Committee sponsors community events through the year and serves as a resource to the
community in promoting human dignity and cooperation.
Meeting Dates and Times: The Human Relations Committee meets monthly on the 2nd Tuesday
of each month at 6:45 p.m. at Huntington Beach City Hall, Lower Level Meeting Room B-7. All
meetings are open to the public, and special meetings may be called in conformance with the
Ralph M. Brown Act. Staff support is provided by the City Manager’s Office at (714) 536 -5910.
Necessary Requirements: Must be a U.S. citizen and elector / resident of the City of
Huntington Beach; interested in promoting cultural diversity and inclusion efforts within the
community. Fundraising and public information work experience is beneficial.
Vacancies: In the event a member retires or is unable to complete his / her term, an
appointment shall be made to fill the remainder of the unexpired term. To find out the current
vacancies, please visit the Notice of Vacancies webpage.
679
INVESTMENT ADVISORY BOARD
(Term Limits Not Applicable; See Notices of Vacancies for Potential Openings)
Current Appointee Date of Appointment Appointed By
Syndia Attardo, Chair December 2018 Kim Carr
Scott Dowds December 2014 Barbara Delgleize
Mark Ellett April 2017 Erik Peterson
Sean Heymann December 2020 Dan Kalmick
Dennis Kelly December 2020 Natalie Moser
Rita Pitcher September 2020 Mike Posey
VACANT TBD Rhonda Bolton
Mission/Purpose: The purpose of the Investment Advisory Board (IAB) is to act in an advisory
capacity to the City Treasurer and the City Council in matters pertaining to the financial planning
and the City's investments as per Municipal Code Chapter 2.109.
Members and Appointments: The IAB currently consists of seven members made by direct
appointment of each City Councilmember to a term that coincides with the City
Councilmember's term.
Meeting Dates and Times: The IAB meets on a quarterly basis (January, April, July, October)
on the third Thursday of the month at 6:00 PM via ZOOM teleconference. All ZOOM meetings
are open to the public, and special meetings may be called in conformance with the Ralph M.
Brown Act. Staff support is provided by the City Treasurer’s Office at (714) 536-5200.
Necessary Requirements: Must be a U.S. citizen and elector / resident of the City of
Huntington Beach.
Vacancies: In the event a member retires or is unable to complete his / her term, an
appointment shall be made to fill the remainder of the unexpired term. To find out the current
vacancies, please visit the Notice of Vacancies webpage.
680
JET NOISE COMMISSION
(Resignations Occur; See Notices of Vacancies for Potential Openings)
Current Appointee Date of Appointment Date of Expiration
Jeff Morin, Chair 2-04-2019 12-31-2022
Phillip Burtis, Vice Chair 2-04-2019 12-31-2022
Keith Bohr 2-04-2019 12-31-2022
Michael Bourgeault 2-04-2019 12-31-2022
Christopher Kunze 2-04-2019 12-31-2022
David Porter 2-04-2019 12-31-2022
Mario Tabernig 2-04-2019 12-31-2022
Mission/Purpose: The Jet Noise Commission (JNC) was formed to monitor issues related to
jet noise from commercial aviation traffic flying over the City. The Commission acts as an
advisory body to the Council on matters pertaining to jet noise from commercial aviation traffic
over the City and engages with neighboring cities, regulatory bodies, airlines, and staff
regarding the impact of air traffic activities on the quality of life in Huntington Beach.
Members and Appointments: The JNC shall consist of seven at-large members recommended
by two Council liaisons, and appointed by a majority of the City Council.
Meeting Dates and Times: The JNC holds regular monthly meetings, generally on the fourth
Monday at 5:30 PM in B-7 of the lower level of City Hall or via Zoom. All meetings are open to the
public, and special meetings may be called in conformance with the Ralph M. Brown Act. Staff
support is provided by the City Manager’s Office at (714) 536-5202.
Necessary Requirements: Must be a U.S. citizen and elector / resident of the City of
Huntington Beach. Members shall hold no paid office or employment in the City government
while serving on the JNC.
Vacancies: In the event a member retires or is unable to complete his / her term, an
appointment shall be made to fill the remainder of the unexpired term. To find out the current
vacancies, please visit the Notice of Vacancies webpage.
681
MOBILE HOME ADVISORY BOARD
(Resignations Occur; See Notices of Vacancies for Potential Openings)
Current Appointee Date of Appointment Date of Expiration
Donald Hart, Chair March 2020 August 2024
Terrance Pham, Chair Elect June 2021 August 2025
Mary Jo Baretich October 2020 August 2024
Jerry Bleiweiss October 2020 August 2024
Chris Houser July 2021 August 2025
Allison Plum March 2020 August 2025
Eric Silkenson Mary 2021 August 2025
Vickie Talley July 2021 August 2025
VANCANT TBA August 2024
Mission/Purpose: The Mobile Home Advisory Board (MHAB) ensures the quality of life in
mobile home parks and to review matters concerning mobile home parks in the City of
Huntington Beach, through healthy communication with park owners, manufactured home
owners and the City Council. The Board acts in an advisory capacity to the City Council on
matters concerning the mobile home community.
Members and Appointments: Nine members, three each as follows: Park representatives,
Resident/Owner representatives, and citizens at-large who have no affiliation or relationship
with mobile home parks. All members are recommended by two Council liaisons and appointed
by a majority of the City Council.
Meeting Dates and Times: The MHAB meets quarterly at 5:00 p.m. on the 4th Monday of the
month in January, April, July, and October at a Civic Center, Lower level B-8 and via Zoom. All
meetings are open to the public, and special meetings may be called in conformance with the
Ralph M. Brown Act. Staff support is provided by the City Manager’s Office at (714) 536 -5910.
Necessary Requirements: Must be a U.S. citizen and elector / resident of the City of
Huntington Beach, except park representative. Depending on type of vacant membership
position, one has to be a mobilehome owner in the City or park representative.
Vacancies: In the event a member retires or is unable to complete his term, an appointment
shall be made to fill the remainder of the unexpired term. To find out the current vacancies,
please visit the Notice of Vacancies webpage.
682
PERSONNEL COMMISSION
(Resignations Occur; See Notices of Vacancies for Potential Openings)
Current Appointee Date of Appointment Date of Expiration
George Rivera, Chair 6-15-2021 6-30-2023
Cindy Vellucci, Vice-Chair 6-15-2021 6-30-2023
Katherine Elford 1-19-2021 6-30-2022
Dianne Thompson 6-15-2021 6-30-2023
Patricia Quintana 1-19-2021 6-30-2022
Mission/Purpose: The primary focus of the Personnel Commission is employee arbitration
issues. The Commissions function and duties include:
Hear appeals on grievance matters for final decision except for such matters as may be
submitted to final and binding arbitration;
Hear appeals from decisions of the City Manager or his/her designee made pursuant to
the employer-employee relations resolution;
Determine hearing procedures and select hearing officers and advisory arbitrators for
hearings (subject to provisions of the MOU);
Review impasse matters as provided in the employer employee relations resolution; and
Perform such other functions as may be prescribed by ordinance or resolution.
Members and Appointments: The Personnel Commission consists of five members, each of
which are recommended by two Council liaisons and appointed by a majority of the City
Council. The members serve a two-year term, and are limited to serve two consecutive terms.
No member shall hold any paid office or employment with City during, or for a period of one year
after terminating service as a member of the Commission.
Meeting Dates and Times: Meetings take place at least quarterly and on an as-needed
basis. All meetings are open to the public, and special meetings may be called in conformance
with the Ralph M. Brown Act. Staff support is provided by Brittany Mello, Administrative
Services Department at (714) 536-5537.
Necessary Requirements: Must be a U.S. citizen and elector / resident of the City of
Huntington Beach. Experience with human resources and/or labor law is beneficial.
Vacancies: In the event a member retires or is unable to complete his term, an appointment
shall be made to fill the remainder of the unexpired term. To find out the current vacancies,
please visit the Notice of Vacancies webpage.
683
PLANNING COMMISSION
(Term Limits Not Applicable; See Notices of Vacancies for Potential Openings)
Current Appointee Date of Appointment Appointed By
Alan Ray, Chair 04-03-2017 Erik Peterson
Brendon Perkins 01-23-2019 Kim Carr
Kayla Acosta-Galvan 01-12-2021 Dan Kalmick
Ian Adam 10-27-2021 Rhonda Bolton
Connie Mandic 01-13-2015 Mike Posey
Oscar Rodriguez 01-12-2021 Natalie Moser
John Scandura 12-13-2016 Barbara Delgleize
Mission/Purpose: In addition to power and duties specified in the Government Code, the
Planning Commission shall have the power and duties to:
Recommend to the City Council after a public hearing thereon, the adoption, amendment
or repeal of a master or general plan, or any part thereof, for guidance in the physical
development of the City;
Exercise such functions with respect to land subdivisions as shall be provided by the
Subdivision Map Act, and by ordinance not inconsistent with the provisions of the Charter;
Exercise such functions with respect to zoning, building, land use, precise pl ans, specific
plans, and related matters which may be prescribed by ordinance not inconsistent with the
provisions of the Charter; and
Perform such other functions not inconsistent with the Charter as may be delegated to it
by the City Council.
Projects typically acted upon by the Planning Commission are major development proposals,
tentative tract maps, zoning map amendments, zoning text amendments, general plan
amendments, and various similar applications.
Members and Appointments: The Planning Commission, a quasi-judicial body that is
empowered by State law and the City Council, consists of seven members made by direct
appointment of each City Councilmember to a term that coincides with the City
Councilmember's term.
Appointments to this board must file California Form 700 - "Statement of Economic Interests."
Meeting Times and Dates: The Planning Commission meets on the second and fourth
Tuesday of each month at 6:00 p.m. in the Council Chambers. Study sessions ar e frequently
held at 5:15 p.m. prior to the meeting in Council Chambers. All meetings are open to the public,
and special meetings may be called in conformance with the Ralph M. Brown Act. Staff support
is provided by the Community Development at (714) 536-5276.
Necessary Requirements: Must be a U.S. citizen and elector / resident of the City of
Huntington Beach.
Vacancies: In the event a member retires or is unable to complete his term, an appointment
shall be made to fill the remainder of the unexpired term. To find out the current vacancies,
please visit the Notice of Vacancies webpage.
684
YOUTH BOARD
(Resignations Occur; See Notices of Vacancies for Potential Openings)
Current Appointee Date of Appointment Date of Expiration
Acacia Bartel 09-07-2021 05-31-2022
Luke Blankenbaker 07-20-2020 05-31-2022
Vivian Bui 07-20-2020 05-31-2022
Faith Nguyen 09-07-2021 05-31-2022
Kenady Osborne 07-20-2020 05-31-2022
Colin Parrott 09-07-2021 05-31-2022
Sarah Rizvi 09-07-2021 05-31-2022
Adam Vo 09-07-2021 05-31-2022
Emma Weston 07-20-2020 05-31-2022
Mission/Purpose: The objective of the Huntington Beach Youth Board is to act as a voluntary
advisory board to the Huntington Beach City Council regarding youth achievements, problems
and needs. The board will represent, involve and promote youth participation in community affairs.
Members and Appointments: The Youth Board shall consist of nine (9) members composed
in the following manner: One member each representing four Huntington Beach public high
schools (Edison, Huntington Beach, Marina and Ocean View), and five members chosen from
the community at large. Members at-large are recommended by two Council liaisons and
appointed by a majority of the City Council Members of the Youth Board shall be appointed
annually in June and shall serve a term of one year. After serving they must be reappointed by
the City Council in order to continue serving on the Youth Board.
Meeting Dates and Times: The board meets on the second Monday of each month at 3:30
p.m. in the Community & Library Services Department, 5th Floor, 2000 Main Street, Civic
Center. All meetings are open to the public, and special meetings may be called in
conformance with the Ralph M. Brown Act. Staff support is provided by the Community &
Library Services Department at (714) 374-5312.
Necessary Requirements: Must be enrolled in public schools (grades 8th- 12th) and residents of
the City of Huntington Beach during their service on the board. No board member may be a full
or part-time officer or employee of the City.
Vacancies: In the event a member retires or is unable to complete his term, an appointment
shall be made to fill the remainder of the unexpired term. To find out the current vacancies,
please visit the Notice of Vacancies webpage.
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686
Statements of Economic Interests - Form 700 Reporting
(1)The Political Reform Act (Act) prohibits a public official from using his or her official position to
influence a governmental decision in which he or she has a financial interest. Every state and
local agency must adopt a conflict of interest code that identifies all officials and employees
within the agency who make governmental decisions based on the positions they hold. The
individuals in the designed positions must disclose their financial interests as specified in the
agency’s conflict of interest code.
To help identify potential conflicts of interest, the law requires public officials and employees in
designated positions in a conflict of interest code to report their financial interests on a form
called Statement of Economic Interests – Form 700. The conflict of interest codes and the Form
700s are fundamental tools in ensuring that officials are acting in the public’s best interest and
not their own.
The Fair Political Practices Commission (FPPC) is the agency responsible to provide public
officials with answers to questions related to the content they report on their Form 700.
Frequently asked questions and other resource information including an online advice system
can be accessed at http://www.fppc.ca.gov/Form700.html.
The City’s Conflict of Interest Code (Resolution No. 2018-58, attached), details provisions, filing
of statements, designation of positions, exclusions, and level of disclosure by category.
All designated filers must file Form 700 information electronically through NetFile, the City’s
online portal certified by the FPPC to accept Form 700 and FPPC campaign disclosure
documents. The City Clerk’s office administers the NetFile application, and keeps in contact
with all new and existing filers to provide account information, alert filers of deadlines, and
assist them with navigational issues. The filer portal is located at https://netfile.com/Filer/.
Form 700 information is also used by City staff to create a conflict of interest map for each
public official who is responsible to make policy decisions for the City.
(1)http://www.fppc.ca.gov/learn/rules-on-conflict-of-interest-codes.html
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CONFLICT OF INTEREST MAP
CREATED FOR EACH MEMBER OF THE
CITY COUNCIL
BY THE CITY’S GIS ANALYST
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719
General Rules for Gifts and Honoraria1
$10 Lobbyist Gift Limit: Elected officials, including members of the legislature, and legislative
employees may not accept a gift or gifts totaling more than $10 in a calendar month from any
individual who is registered as a lobbyist under state law. The $10 limit also applies to gifts
received by officials and employees of state agencies if their agency is listed on the registration
statement of the lobbyist's employer or firm.
$520 Gift Limit (Effective January 1, 2021 - December 31, 2022): State and local officials and
employees are prohibited from receiving a gift or gifts totaling more than $520 in a calendar year
from certain sources. For elected state officials and many others, the prohibition is applicable to
gifts from any source, although there are exceptions (for example, gifts from family members). For
state and local officials and employees who file Statements of Economic Interests (Form 700s)
under an agency's conflict of interest code, the gift limit is applicable only to individuals and
entities that would have to be disclosed on the Form 700. This gift limit is adjusted for inflation
every odd-numbered year. (Note: Judges are not subject to the Act's gift prohibitions, but are
covered by the Code of Civil Procedure.)
Honoraria: An honorarium is a payment received for making a speech, publishing an article or
attending any public or private conference, convention, meeting, social event, meal or similar
gathering. State and local elected officers and candidates for those offices and all officials holding
positions listed in Government Code Section 87200 are prohibited from receiving honoraria
payments. Likewise, an employee designated under a state or local government agency's conflict
of interest code is prohibited from receiving honoraria payments from any source of gifts or
income the employee is required to report on his or her Statement of Economic Interests (Form
700). Some limited exceptions apply, such as income earned from a bona fide business or
profession.
Exceptions for Travel: Certain payments for travel are excluded from the gift limits and
honoraria prohibition. Refer to the City’s travel reimbursement policy guidelines.
Loan Restrictions: Public officials who are required to file Statements of Economic Interests
(Form 700s) or who are exempt employees may not receive any personal loan aggregating more
than $250 from an official, employee, or consultant of, or from anyone who contracts with, their
governmental agencies. In addition, elected officials may not receive any personal loan
aggregating more than $500 from a single lender unless certain terms of the loan are specified in
writing. Under certain circumstances, a personal loan that is not being repaid or is being repaid
below certain amounts may become a gift to the official who received it.
1 Retrieved from California Fair Political Practices Commission
http://www.fppc.ca.gov/learn/public-officials-and-employees-rules-/gifts-and-honoraria.html. For more information,
please refer to California Government Code Section 89503.
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721
Mayor Protocol
Page 1
New Mayor Protocol Handbook
The Mayor is the presiding Officer of the City Council.
The Mayor may make first and second motions and shall have both voice
and vote in all City Council proceedings.
The Mayor is the ceremonial head of the City and shall have the primary, but
not exclusive, duty to interpret the policies, programs, and needs of city
government to the people.
The Mayor may inform the people of any major change in policy or program,
as necessary.
The Mayor may call special meetings of the City Council.
The Mayor may execute contracts on behalf of the City when the contracts
have been approved by the City Council.
The Mayor shall serve in such capacity at the pleasure of the City Council.*
*City Charter Sections 303, 305, & 613
722
Mayor Protocol
Page 2
DAIS SEATING ASSIGNMENTS – Mid November
1. Mayor develops the seating chart.
2. In general, protocol calls for the Mayor Pro Tem to sit to the right of the Mayor and the Past
Mayor to the left of the Mayor. The remaining seats are assigned by the Mayor.
3. Final dais seating assignments will be relayed to the City Council Administrative Assistant
and City Clerk.
ARRANGEMENTS FOR OATH OF OFFICE MEETING - 1st Meeting in December
1. Meeting Festivities - Planned by Mayor and City Council Administrative Assistant.
a) Refreshments – Cake, punch, and coffee will be ordered by Administration in recognition
of the incoming and outgoing Mayors
b) Dinner - A light meal is provided by Administration in the Caucus Room
c) Guest Invitations - Handled by the Mayor, as desired
d) Meeting Time – Regular session begins at 6:00 PM (no study session)
e) Council Agenda – May include closed sessions but the primary objective is to maintain a
light agenda to focus on the Oath of Office ceremony.
2. Meeting Agenda
a) Meet with the Community Relations Officer, City Council Administrative Assistant, City
Clerk and outgoing Mayor to review the agenda order of events.
• Incoming Mayor presents a special “Ultimate Surfer” statue to the outgoing Mayor in
appreciation of the Mayor’s service
• Outgoing Mayor presents a gavel with a wooden case to the new Mayor
• Gifts, if the Mayor, so chooses are presented by the outgoing Mayor, Council
Members, elected officials (Clerk, Attorney & Treasurer) and City Manager
• Outgoing City Council Members are given the opportunity to speak about the past term.
• Outgoing Mayor gives an end of term speech.
b) Incoming Mayor’s Speech will be agendize and will signal the transition between Mayors.
c) Meet with City Clerk regarding Robert’s Rules, meeting protocol, etc. (optional)
OFFICE ASSIGNMENTS
1. Relocation to Mayor’s Office
a) Personal items to be moved by Mayor, with assistance from staff as requested.
b) Staff will assist in moving other items
c) Notify City Council Administrative Assistant if furniture is to be moved
IMMEDIATE ITEMS FOR ACTION
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Mayor Protocol
Page 3
2. Assignment of City Council Offices
a) Mayor coordinates office move with incoming Mayor
b) Incoming Mayor coordinates office assignments with new City Council (as needed).
Historically, the Mayor is at the far end on the south side of the fourth floor; the Mayor Pro
Tem is next to the Mayor (#6) and offices #4 & #5 are for councilmembers with more
seniority. The offices on the north side of the floor (#1 - #3) are for the newer Council
Members.
c) Notify City Council Administrative Assistant of new office assignments
PARKING SPACE
Public Works staff will change parking signs following the swearing-in ceremony, moving the
immediate past Mayor to the end of the row of City Council parking spaces. This protocol is for
the Mayor to have the first space, the Mayor Pro Tem the second and the remainder of the
parking spaces to be assigned based on the anticipated succession to Mayor and Mayor Pro Tem
as described in Resolution #6320.
ASSIGNMENT OF CITY COUNCIL LIAISONS TO ADVISORY BODIES
1. The assignment of City Council Liaisons is conducted annually by the Mayor and is governed by
Resolution 99-83 (adopted 10/4/99). A summary of the process is described below:
a) In early November, the incoming Mayor distributes a memo asking that each City Council
Member advise him/her on the Council liaison assignments that are of interest to them and
for which they will be available.
b) Council responses are to be submitted to the incoming Mayor about mid-November.
c) Based on the requests received, the incoming Mayor will prepare a preliminary list of
assignments.
d) The Mayor’s preliminary list of assignments will be distributed to all the City Council
Members and the City Clerk at least one week prior to the City Council meeting at which
the appointments are made.
e) Appointments are approved at the 2nd City Council Meeting in December (see attached
Council Liaison List).
2. In considering these assignments, it should be noted that the Mayor and Mayor Pro Tem are
assigned to the following bodies as prescribed by originating documents:
a) The Mayor or their represents the City at the Orange County City Selection Committee
meetings.
The Mayor, Mayor Pro Tem, and most recent Past Mayor are the prescribed members of the
Economic Development Committee and Downtown EDC. Additionally, the Mayor traditionally
participates in Visit Huntington Beach.
CITY COUNCIL MEETINGS
MAYORAL FUNCTIONS
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Mayor Protocol
Page 4
1. Presentation of Mayor’s HB Excellence Award
The purpose of the Mayor’s HB Excellence Award is to recognize outstanding employee
performance.
The award is presented on a monthly basis, typically at the 2nd regular City Council meeting of
month. The only exception is the first meeting in December when the outgoing Mayor recognizes
staff members of their choice.
Presentation of “Making a Difference Award”
The award recognizes selflessness, volunteerism, and exceptional community service, and
applauds the unsung heroes in Huntington Beach. Placing tremendous value on individuals,
businesses, and grou0ps whose good work consistently improves our community, this award
brings attention to the efforts of volunteers who make a positive difference.
2. Presentations at City Council Meetings
• Requests: All requests should be submitted to the Mayor in writing with a copy to the
Community Relations Officer. Presentations may be requested by department heads,
members of the community, or other City Council Members. All requests must be approved
by the Mayor.
• Schedule: Requests should be made a minimum of two weeks prior to the date of the
City Council meeting and should include contact information for the recipient.
• Confirmation of Presentation(s): The final review of presentations is conducted at
Agenda Review (the Monday preceding the City Council meeting at 4:00 PM).
• Presentation: The Mayor is responsible for presenting and receiving all awards at City
Council meetings. The Mayor may invite other City Council Members and/or staff to
participate with him/her as desired
ONGOING MEETINGS
1. Attendance of Mayor/Mayor Pro Tem at Agenda Review Meeting
The purpose of this meeting is to allow the City Manager to review the items scheduled for the
next City Council meeting with the department heads prior to the printing of the final agenda.
Questions regarding specific items or the order of the items may be discussed here. The Mayor
and/or Mayor Pro Tem attend at their discretion.
Schedule: The Monday prior to each City Council Meeting, B-8 or Zoom, 4:00 pm.
2. City Council Meeting Preparation with the City Manager
The purpose of this meeting is to review the agenda packet materials with the City Manager prior
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Mayor Protocol
Page 5
to the City Council meeting.
Schedule: Occurs sometime between Agenda Packet Delivery and the City Council Meeting
depending on the Mayor’s schedule (to be arranged with City Manager).
LEGISLATIVE POSITIONS
The Intergovernmental Relations Committee (IRC) reviews recommendations from staff and other
agencies on the need for the city to take a position on legislation pending before either the State
or Federal governments. Recommendations of the IRC are taken to the City Council for approval.
The Mayor is authorized to send letters stating the city position on the specified legislation on
behalf of the city to the legislators.
When legislation is moving quickly and requires decisive action, the chair of the IRC, with approval
from the Mayor and the City Manager can take a position on behalf of the city. If the Mayor is
unavailable, the Mayor Pro Tem can act on the Mayor’s behalf. If the Mayor is a member of the
IRC then the chair of the IRC and the Mayor Pro Tem, and the City Manager would make the
decision. When neither the Mayor nor Mayor Pro Tem is available, the senior most member of the
Council can act on their behalf. This position will subsequently be brought to the IRC and the City
Council.
The IRC is also responsible for preliminary review of the City's funding priorities and for working
with State and Federal legislators and the city's lobbyists to seek funding. To that end, the Mayor
and/or the IRC chair may travel to Washington D.C. and Sacramento each year.
CEREMONIAL FUNCTIONS
Throughout the year, there are a number of ceremonial functions to attend. While the entire City
Council is usually invited to most of these events, the public often anticipates the Mayor’s
presence as the ceremonial head of the City. Generally, there are three types of functions:
• City Functions (i.e. opening of new city facilities and employee or volunteer award lunches,
etc.)
• Community Events (i.e. Miss. Huntington Beach Pageant, Chamber of Commerce Ribbon
Cuttings, Boy Scout Eagle meetings, etc.)
• Other Local, County, and Regional Agencies (Functions of the County or special district i.e.
OCTA, etc.)
1. Mayoral Ceremonial Acceptance Protocol
According to the City Charter, the Mayor is the ceremonial head of the city. Therefore, the Mayor
traditionally represents the city at community events and functions. If the Mayor is not able to
attend a particular function, the City Council’s Administrative Assistant will utilize the following
order in accepting the invitation:
a) Mayor Pro Tem
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b) Immediate Past Mayor
c) Remaining City Council Members as directed by the Mayor according to interest
2. Mayoral Ceremonial Absence Protocol
If the Mayor accepts an invitation to any of these events, and later finds that he/she is unable to
attend due to sickness or other reasons, staff will utilize the above protocol for identifying a
replacement. The City Council Administrative Assistant will contact the organization hosting the
event and notify them that the Mayor will be unable to attend due to extenuating circumstances.
3. Proclamations, Certificates of Recognition, & Commendations
a) Purpose of Proclamations, Commendations, Recognitions: To recognize citizens, individuals,
or organizations that have provided outstanding service to the community as leaders of
charitable or business associations or are recognized in the community for outstanding
achievements (i.e. Little League champions)
b) Presentation of: Presented by the Mayor at a City Council Meeting, an off-site ceremony, or
mailed
c) Final Draft: Prepared by the Community Relations Officer and City Council Administrative
Assistant prior to signature
d) Signature: Mayor typically signs on behalf of the City Council. At times, the Mayor may
request that the document be signed by the full City Council.
RECOMMENDED INTERGOVERNMENTAL PARTICIPATION
• League of California Cities – The Orange County Division of the Leagues holds monthly
general membership (dinner) meetings. The Mayor and other Council Members have
traditionally been active participants in these meetings as well as the League’s committee
structure.
• The City Selection Committee (A Committee of the 34 Orange County Mayors) meets
monthly in conjunction with the League dinners. This committee has responsibility for
decisions relating to the county as a whole and makes appointments to powerful boards
such as the South Coast Air Quality Management District (SCAQMD), the Orange County
Transportation Authority (OCTA), and the Orange County Local Agency Formation
Commission (LAFCO). It is very important for the Mayor or their designee to attend these
meetings.
TERM EXPIRATION ACTIVITIES
• At Mayor’s discretion, provide gifts to fellow City Council Members, City Treasurer, City
Clerk, City Attorney, City Manager
• Prepare outgoing “Accomplishments” Speech
• Outgoing Mayor presents gavel to incoming Mayor
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Staff Contact: Community Relations Officer
APPROVED BY CITY COUNCIL
1. Code of Ethics
In January of each year, the City Council affirms the Council approved Code of Ethics (Code) for all
elected officials, officers, employees and members of advisory boards, commissions, and
committees. The current code requests that all employees and board/commission members sign
an acknowledgement indicating that they received a copy. Specifically, the code states that it
should be reviewed annually by the City Council, as well as by all employees, boards,
commissions, and committees. The Mayor, City Manager, and chairpersons shall be responsible
for accomplishing this review.
Copies of the code, along with the acknowledgement form, will be sent to all department heads,
and board/commission staff liaisons requesting that they review the code with their
employees/members.
EXISTING PRACTICES
1. Board Appreciation or Mayor’s Reception
An appreciation reception for the members of the City Council appointed board and commission
members has been held in the past. If it is an informational meeting, staff will prepare the
appropriate notices and publicize the meeting via a press release and directed mailings. This is
optional and has been funded in the past by the City.
2. Meetings with Chairs of Advisory Boards (optional)
Also at the discretion of the Mayor, meetings may be scheduled between the Mayor and the chairs
of each of the city’s advisory bodies. Some Mayors have opted to schedule individual/small group
meetings with chairs and/or attend a regular meeting of each of the different citizen boards. If
preferable, a round-table meeting can be scheduled with the chairs as a group.
3. Master Calendar of Events
A master calendar of events is maintained and filed with the Administrative Assistant to the City
Council. The calendar highlights many of the annual events the Mayor and the City Council are
invited to attend or speak at. This calendar is also scheduled on the City Council’s Outlook calendar
and is updated frequently to reflect any changes. The Mayor and City Council should decide how
he/she would like to respond to these invitations and advise the Administrative Assistant.
In addition to these, there are other ongoing events such as community service club meetings and
MAYORAL ACTIVITIES FOR UPCOMING YEAR
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charitable organization fundraising events. The Mayor should decide how he/she would like to
respond to these invitations and advise the City Council Administrative Assistant.
OFFICE HOURS
It is recommended that regular office hours be established based on availability. This assists staff
in scheduling meetings without the need to contact the Mayor each time a meeting is required.
Consideration should also be given to scheduling a weekly block of time that may be used to meet
with the public or review documents.
RESPONDING TO CITIZEN INQUIRIES
Citizen inquiries are processed through the MyHB online content management system.
RESPONDING TO REQUESTS FOR MEETINGS BY CITIZENS
The following process is currently followed when citizens request meetings with the Mayor and
City Council.
1. Before scheduling a meeting, Administrative staff advises citizen of other available
options, such as:
a) Sending an e-mail or current technology explaining the nature of the issue
b) Speaking directly to the appropriate department staff
If this is not satisfactory to the resident, a meeting is scheduled. The City Council’s
Administrative Assistant is directed to notify the department head of the meeting and schedule
the appropriate staff to meet with the resident.
Note: Meetings are not scheduled if the issue involves matters in litigation, when a claim has
been filed against the city, or when a traffic citation has been issued.
SIGNATURE PROTOCOL
1. The Mayor is required to sign the following documents in person:
a) All County, State, and Federal agreements or documents
b) Documents which must be notarized
2. A signature stamp is currently used for the following items: (per City Council Resolution)
a) All other local documents/agreements approved by City Council
3. Other documents signed by the Mayor:
a) Proclamations, etc. - signed by Mayor and/or full City Council
b) Letters to citizens applying for and receiving a board/commission appointment
c) Specific letters relating to Citizen Inquires
d) Letters on Legislative Positions as directed by City Council/Intergovernmental Relations
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2022 COUNCIL LIAISON LIST
Page 1 of 6
CITIZEN BOARDS, COMMISSIONS, AND COMMITTEES
(Citizen Members Appointed by City Council to Four-Year Terms)
Citizen Group Council Liaisons Meeting Date/Place** Staffing Department
1. Citizen Infrastructure Advisory
Board / Public Works Commission*
Individual Appointments 3rd Wed. Monthly, 5:00 PM
Utilities Yard, 19021 Huntington St
Public Works
2. Citizen Participation Advisory
Board (CPAB)
Individual Appointments 1st Thurs. Monthly, 6:00 PM,
City Hall Lower-Level B-8
Community Development
3. Community & Library Services
Commission*
Individual Appointments 2nd Wed. Monthly, 6:00 PM,
Zoom / City Hall Council Chamber
Community & Library
Services
4. Design Review Board (DRB) Kalmick, Peterson 2nd Thurs. Monthly, 3:30 PM,
City Hall Lower Level, B-8
Community Development
5. Environmental & Sustainability
Board*
Kalmick, Moser
(also served as Chair and Vice
Chair of the Board)
2nd Wed. Every other month, 6:00 PM,
City Hall Lower Level, B-8
City Manager’s Office
6. Finance Commission Individual Appointments 4th Wed. Monthly, 5:00 PM
Location varies month to month
(Zoom, B-7/B-8, Caucus Room)
Finance
7. Fourth of July Executive Board Moser, Peterson 1st Wed. Monthly, 6:00 PM,
Zoom / City Hall Lower-Level B-8
Community & Library
Services
8. Harbor Commission Peterson, Posey 4th Thurs. Monthly, 5:00 PM,
City Hall Lower-Level B-8
Fire
9. Historic Resources Board Bolton, Peterson 3rd Wed. Monthly, 5:00 PM,
City Hall Lower-Level B-7
Community & Library
Services
10. Human Relations Committee Bolton, Moser 2nd Tues. Monthly, 6:45 PM,
City Hall Lower-Level B-7
City Manager’s Office
11. Investment Advisory Board Individual Appointments 3rd Thur. Quarterly (January, April, July,
October), 6:00 PM, Via Zoom
City Treasurer
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Citizen Group Council Liaisons Meeting Date/Place** Staffing Department
12. Jet Noise Commission Bolton, Delgleize 4th Mon. Monthly, 5:30 PM,
City Hall Lower Level B-7
City Manager’s Office
13. Mobile Home Advisory Board Carr, Kalmick 4th Mon, 5:00 PM
Quarterly (January, April, July, October),
Zoom / City Hall Lower-Level B-8
City Manager’s Office
14. Personnel Commission*** Carr, Moser 3rd Wed. Monthly, 5:30 PM,
City Hall Lower-Level B-8
Administrative Services
15. Planning Commission Individual Appointments 2nd & 4th Tues. Monthly, 6:00 PM
City Hall Council Chambers
Community Development
16. Youth Board Carr, Moser 2nd Mon, Monthly, 3:30 PM (No Meetings –
June, July, Aug.)
City Hall, 5th Floor Conf. Room
Community & Library
Services
17. Sunset Beach
Local Coastal
Program Review Board****
N/A 2n Tues., Monthly, 7:30 PM
Nobles Family Community Center
Community Development
18. Charter Review Committee
(Ad-hoc)
Individual Appointments
TBD City Manager’s Office
* Pending approval of ordinances on 12/21/2021.
**Meeting Date/Place is subject to change.
*** 2-year term
****The primary structure of the Sunset Beach Local Coastal Program Review Board remains the same after the annexation. This Board is comprised of seven members
initially appointed by the OC Board of Supervisors and subsequent members elected by the Review Board itself. The City is in the process of preparing an ordinance to
incorporate the LCPRB in the municipal code.
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CITY OF HUNTINGTON BEACH
COUNCIL COMMITTEES (STANDING)
(Created by City Council Action, consisting of three Council members; subject to the Brown Act)
Council Committee Committee Members Meeting Date/Place** Department
1. Communications Committee Carr, Kalmick, Moser 4th Tues. Monthly, 3:30 PM,
City Hall 4th Floor, CR #1
City Manager’s Office
2. Economic Development Committee
(EDC)
Delgleize, Carr, Posey
(Mayor, Mayor Pro Tem, Immediate
Past Mayor – prescribed)
2nd Wed., Every Other Month, 3:30 PM,
City Hall Lower Level B8
Community Development
3. Intergovernmental Relations
Committee (IRC)
Carr, Delgleize, Posey 3rd Wed. Monthly, 4:00 PM,
City Hall 4th Floor, CR #2
City Manager’s Office
4. Oversight Board of the Huntington
Beach Successor Agency
Posey
(Mayor’s appointee, two County
Board Supervisors Appointees&
OCSD rep).
Twice per year and as needed. 4:30 PM,
City Hall Lower Level, Room B-8
City Clerk’s Office
5. Smart Cities & Technology
Committee
Delgleize, Kalmick, Moser As needed,
TBD
Public Works
COUNCIL COMMITTEES (AD-HOC)
(Created by City Council Action; not subject to the Brown Act)
Council Committee Committee Members Meeting Date/Place Department
1. Downtown Urban Design Study
(Ad-hoc)
Carr, Kalmick, Moser As Needed Community Development
2. Housing / RHNA Committee
(Ad-hoc)
Bolton, Kalmick, Posey As Needed Community Development
3. Short Term Rental Committee
(Ad-hoc)
Bolton, Carr, Delgleize As Needed Community Development
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OTHER CITY AND CITIZEN COMMITTEES
(Created by City Council Action; not subject to the Brown Act, Community Meetings w/ Roundtable format)
Citizen Group Council Liaisons Meeting Date/Place** Department
1. Specific Events Executive Committee Bolton, Delgleize As needed
City Hall Lower Level, Room B-8
Community & Library
Services
2. Homeless Task Force Bolton, Delgleize, Moser 3rd Wednesday, 3:00 p.m.,
City Hall Lower Level B-7
Police Department
3. Huntington Central Park Collaborative Delgleize, Moser Last Tuesday of the Month, 4:30-6:40 PM
City Hall Lower Level Room B-8
Community & Library
Services
4. Oakview Task Force / Community
Meetings
Bolton, Carr, Moser Quarterly, 3rd Thursday of March, June,
September, December, 4:00PM,
Oak View Elementary
Community & Library
Services
5. School District / City Delgleize, Moser 2nd Mon. Quarterly, 3:30 PM,
City Hall Lower Level B-7
City Manager’s Office
6. Southeast Area Committee Bolton, Carr, Peterson 4th Wed., 4:30 PM, Every two month (Jan.
March, May, July, September, Nov.)
City Hall Lower Level Room B8 and Zoom
City Manager’s Office
7. Sunset Beach Area Committee
Bolton, Delgleize, Peterson As needed,
City Hall Lower Level Room B-8
Community Development
COMMUNITY GROUPS/ INDEPENDENT CITY-AFFILIATED BOARDS
(Community groups both local and regional requiring participation by one or two Council Members; Citizen Members are not appointees)
Citizen Group Council Liaisons Meeting Date/Place** Department
1. Huntington Beach Council on Aging Carr, Delgleize 1st Thurs, Monthly, 9:00 AM Senior Center
(EMG, Room 1)
Community & Library
Services
2. Huntington Beach Downtown Business
Improvement District (Downtown BID)*
Carr, Moser 2nd Thursday, 9:00 AM, Huntington Beach
Art Center
Community Development
3. Neighborhood Watch Bolton, Posey 2nd Tues, 6:30 PM (No meeting in July,
Aug, Dec), Police Dept, 2nd Fl. Conf. Room
Police Department
4. Sister City Association Carr, Peterson 2nd Wednesday, Central Library
(Room TBA), 6:00 PM
Community & Library
Services
*subject to the Brown Act
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COMMUNITY & REGIONAL AGENCIES AND COMMITTEES
(Appointed by Mayor)
Name of Agency/Committee Appointee Meeting Date/ Place**
1. California Coastal Coalition (CalCoast) Board Bolton, Kalmick 2-3 meetings/year, various places
2. Huntington Beach Chamber of Commerce
Government Affairs Committee
Kalmick, Posey Quarterly, meeting time varies. Golden West College,
15744 Golden West St., Admin Bldg. 4-Room137
4. O.C. Council of Governments (OCCOG) Posey, Bolton (Alternate) 4th Thurs, 10:30 AM, Monthly, Irvine City Hall, City Council
Chambers, 1 Civic Center Plaza, Irvine
5. Orange County Power Authority (OCPA)
Term: Four (4) years
Posey, Kalmick (Alternate) 2nd Tues, 10 AM, Monthly, Virtual Meeting via Zoom
6. O.C. Sanitation District (OCSD)
Board of Directors
(Plus Committee assigned by Chair)
$212.50 per meeting
Carr, Kalmick (Alternate) 4th Wed of every month, 6:00 PM,
Virtual Meeting via Zoom /
OCSD Administrative Office,
10844 Ellis Ave., Fountain Valley, CA
7. O.C. Mosquito & Vector Control District
Board of Trustees
$100 per meeting
Posey 3rd Thurs of every month, 3:00 PM.
Virtual Meeting / OCMVCD Headquarter, 13001 Garden
Grove Blvd, 92843
8. Santa Ana River Flood Protection Agency
(SARFPA)
Delgleize, Bolton (Alternate) Executive Committee Meetings: 4th Thurs, 4:00 PM, January,
March, May, July, September Via Zoom
Full Agency Meetings: June, November
9. Southern California Association of
Governments (SCAG)
Regional Council District 64 Delegate*
Term: Two (2) years /$120 per meeting
Posey, Bolton (Alternate)
(Whoever is on SCAG is also on
OCCOG)
1st Thurs, 9:00 AM – 2:00 PM
Virtual Meeting / SCAG Office, Downtown L.A.
10. Visit Huntington Beach
Advocacy Committee
Delgleize, Moser (Alternate) Monthly, usually Tuesday at 3:30 PM but varies.
Virtual Meeting via Zoom /
VHB Office, 155 Fifth Street, Suite 111, Huntington Beach
11. West O.C. Water Board (WOCWB)
$100 per quarterly meeting
Kalmick, Moser 3rd Wednesday, 4:00 PM, (January, April, July and October),
Utilities Operations Building, 19001 Huntington St.
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APPOINTMENTS BY STATE & REGIONAL AGENCIES
(FOR INFORMATIONAL PURPOSES ONLY)
Name of Agency/Committee Appointments
1. Association of California Cities – Orange County (ACC-OC) Board of Directors Delgleize
2. California Commission on Aging Carr (appointed by Speaker Anthony Rendon)
3. City Selection Committee-- Held with League of Cities O.C. Division Meeting Mayor or Council Member designee
(prescribed)
4. League of California Cities –Orange County Division Executive Board Carr
5. League of California Cities – Environmental Quality Board Carr
6. League of California Cities – Housing, Community and Economic Development Policy Committee
(Meetings occur quarterly Jan, Apr, June, & Sept. Thurs.
7. League of California Cities – Public Safety Policy Committee
(Meetings occur quarterly: Jan, Apr, June, & Sept. Thurs.
8. League of California Cities – Community Services Policy Committee
(Meetings occur quarterly: Jan, Apr, June, & Sept. Thurs.
9. League of California Cities –Administrative Services Policy Committee
10. League of California Cities - Coastal Cities Group / Leadership Committee
11. Orange County Transportation Authority (OCTA) Board of Directors
2nd & 4th Monday, 9:00 AM,
OCTA Headquarters, 550 S. Main St., Orange, CA Conf. Room 07-08 / Zoom
Delgleize (as elected by City Selection)
12. OCTA Citizen Advisory Committee Kalmick
13. Orange County Waste Management Commission (OCWMC)
Quarterly-2nd Thursday in March, June, September & December, 2:00 PM
Virtual Meeting via Zoom
14. SCAG - Energy and Environmental Policy Committee Kalmick
15. SCAG –Transportation & Communications Committee
1st Thurs, 10 am, SCAG Offices, Downtown L.A.
16. SCAG –Community, Economic, & Human Development (CEHD)
1st Thurs, 10 am, SCAG Offices, Downtown L.A.
Posey
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