The URL can be used to link to this page

Home My WebLink About2022-10-04 Agenda Packet - HybridIN-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, October 4, 2022 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 October 4, 2022City Council/Public Financing Authority 3:30 PM - COUNCIL CHAMBERS CALL TO ORDER ROLL CALL Peterson, Bolton, Posey, Delgleize, Carr, Moser, Kalmick Mayor Delgleize has requested permission to be absent pursuant to Resolution No. 2001-54; and City Clerk Estanislau has requested permission to be absent pursuant to City Charter Section 310 (a) ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS PERTAINING TO CLOSED SESSION ITEM (Received After Agenda Distribution) 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. RECESS TO CLOSED SESSION CLOSED SESSION 22-8331.THREAT TO PUBLIC SERVICES OR PUBLIC FACILITIES: Pursuant to Government Code Section 54957, Consultation with Eric Parra, Police Chief for the City of Huntington Beach Police Department and Scott Haberle, Fire Chief for the City of Huntington Beach Fire Department 4:00 PM - COUNCIL CHAMBERS RECONVENE CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING ROLL CALL Peterson, Bolton, Posey, Delgleize, Carr, Moser, Kalmick Mayor Delgleize has requested permission to be absent pursuant to Resolution No. 2001-54; and City Page 1 of 7 2 AGENDA October 4, 2022City Council/Public Financing Authority Clerk Estanislau has requested permission to be absent pursuant to City Charter Section 310 (a) ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS PERTAINING TO STUDY SESSION ITEMS 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. STUDY SESSION 22-7312.Short Term Rentals Summer Recap 22-7823.Pacific Coast Highway Relinquishment Study RECESS 6:00 PM – COUNCIL CHAMBERS RECONVENE CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING ROLL CALL Peterson, Bolton, Posey, Delgleize, Carr, Moser, Kalmick Mayor Delgleize has requested permission to be absent pursuant to Resolution No. 2001-54; and City Clerk 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. 22-7514.Mark Currie with Bahai’ of Huntington Beach and member of the Page 2 of 7 3 AGENDA October 4, 2022City Council/Public Financing Authority Greater Huntington Beach Interfaith Council CLOSED SESSION REPORT BY CITY ATTORNEY AWARDS AND PRESENTATIONS 22-7575.Mayor Pro Tem Posey to call on Victoria Alberty to present the Adoptable Pet of the Month 22-7816.Mayor Pro Tem Posey to call on HBFD Chief Scott Haberle to proclaim October 9-15 as Fire Prevention Week 22-8377.Mayor Pro Tem Posey to proclaim September 15 to October 15 as National Hispanic Heritage Month 22-8418.Mayor Pro Tem Posey to proclaim October as Breast Cancer Awareness Month 22-7959.Mayor Pro Tem Posey to present the September Mayor’s HB Excellence Award to Ingrid Ono, Administrative Assistant in the Police Department ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) PUBLIC COMMENTS (3 Minute Time Limit) - At approximately 6:00 PM, individuals wishing to provide a comment on agendized or non-agendized items may 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 Page 3 of 7 4 AGENDA October 4, 2022City Council/Public Financing Authority City Council in its discussions and findings for any matter tonight. COUNCIL COMMITTEE - APPOINTMENTS - LIAISON REPORTS, AB 1234 REPORTING, AND OPENNESS IN NEGOTIATIONS DISCLOSURES CITY MANAGER'S REPORT 22-69210.Welcome to New OneHB Team Members CONSENT CALENDAR 22-78311.Approve and Adopt Minutes Approve and adopt the City Council/Public Financing Authority regular meeting of September 20, 2022 . Recommended Action: 22-82512.Receive and file the Fair Political Practices Commission 2022 Local Agency Biennial Notice for the City of Huntington Beach A) Receive and file the Fair Political Practices Commission 2022 Local Agency Biennial Notice for the City of Huntington Beach/Public Financing Authority; and, B) Direct staff to return with proposed amendments to the City’s Conflict of Interest Code to the City Council within 90 days. Recommended Action: 22-81613.Approve the re-appointment of Katherine Elford to the Personnel Commission as recommended by City Council Liaisons Kim Carr and Natalie Moser Approve the re-appointment of Katherine Elford to the Personnel Commission for the remainder of the term of July 1, 2022, through June 30, 2024, as recommended by the City Council Liaisons Carr and Moser. Recommended Action: 22-83114.Approve appointments and re-appointments to the Huntington Beach Youth Board with terms to expire May 31, 2023 as recommended by City Council Liaisons Carr and Moser A) Approve the reappointment of Acacia Bartel, Luke Blankenbaker, Faith Nguyen, Kenady Osborne, Collin Parrott, Sarah Rizvi, and Adam Vo, to another one-year term on the Huntington Beach Youth Board with terms to expire May 31, 2023, as recommended by the City Council Liaisons Carr and Moser; and, Recommended Action: Page 4 of 7 5 AGENDA October 4, 2022City Council/Public Financing Authority B) Approve the appointment of Olivia Pham and Kai Wong to a one-year term on the Huntington Beach Youth Board with terms to expire May 31, 2023, as recommended by the City Council Liaisons Carr and Moser. 22-79715.Accept bid and authorize execution of a construction contract with Towo Enterprise Inc., in the amount of $388,300 for the construction of the Street Lighting Modification Project on Palm Avenue (CC-1669) and authorize change orders not to exceed 15 percent A) Accept the lowest responsive and responsible bid submitted by Towo Enterprise Inc., in the amount of $388,300; and , B) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney; and , C) Authorize the Director of Public Works to execute change orders not to exceed a total of 15% of the contract construction costs, or $58,245. Recommended Action: 22-80016.Accept bid and authorize execution of a construction contract with PTM General Engineering Services Inc., in the amount of $493,589 for the construction of the Utica Avenue Bicycle Boulevard Project (CC-1499) and authorize change orders not to exceed 15 percent and the use of project funding in the amount of $84,438 from the Citywide Mobility and Corridor Improvements Project A) Accept the lowest responsive and responsible bid submitted by PTM General Engineering Services Inc ., in the amount of $493,589; and , B) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney; and , C) Authorize the Director of Public Works to execute change orders not to exceed a total of 15 % of the contract construction costs, or $74,038; and , D) Authorize the use of City Mobility and Corridor Improvements Project funding in the amount of $84,438 towards this project. Recommended Action: 22-72817.Approve, accept and authorize execution of Grant Agreements for Office of Traffic Safety (OTS) Selective Traffic Enforcement Program (STEP) Grant; and approve appropriation and expenditure of funds by the Chief of Police Recommended Action: Page 5 of 7 6 AGENDA October 4, 2022City Council/Public Financing Authority A) Approve and accept the Selective Traffic Enforcement Program (STEP), Pedestrian and Bicycle Safety, and Child Passenger Safety grant agreements between OTS and the City of Huntington Beach for $790,00, $44,035, and $52,353; and, B) Authorize the Chief of Police to execute the grant agreement with OTS; and, C) Approve appropriations and estimated revenue source in the amount of $790,000, $44,035, and $52,353; and, D) Authorize the Chief of Police to establish separate business units for these grant funding and expend up to a total of $790,000, $44,035, and $52,353 on each grant agreement accordingly. PUBLIC HEARING For the benefit of the public, prior to a public hearing item, each member of the City Council will disclose any ex parte communications they may have had pertaining to the item. In simple terms, public hearings are quasi-judicial proceedings and the information used by the City Council to make its decisions should be limited to that which is obtained during the public hearing. Ex parte communications, then, means any information obtained outside of a public hearing. In such public hearing proceedings, the City Council must uphold constitutional and statutory due process rights of present and non-present parties by disclosing ex parte communications. Ex parte communications include oral and written information, as well as visual or auditory information obtained during a site visit. Individuals wishing to provide a comment on an item scheduled for Public Hearing 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. 22-76818.Public Hearing to consider adoption of Resolution No. 2022-45 approving an Annual Assessment within the Huntington Beach Downtown Business Improvement District (HBDBID) for Fiscal Year (FY) 2022-2023 Recommended Action: Page 6 of 7 7 AGENDA October 4, 2022City Council/Public Financing Authority A) Conduct the Public Hearing; and, B) If written protests of at least 50% or more of the total assessments are not received, adopt Resolution No. 2022-45, “A Resolution of the City Council of the City of Huntington Beach Approving an Annual Assessment within the Huntington Beach Downtown Business Improvement District for Fiscal Year 2022-2023.” ADMINISTRATIVE ITEMS 22-73719.Appropriate CalRecycle SB 1383 Local Assistance Grant Funds Approve a budget appropriation of $278,482 in CalRecycle SB 1383 Local Assistance Grant Funds into the FY 2022-23 Budget to support the implementation of the City’s SB 1383 program. Recommended Action: COUNCILMEMBER ITEMS 22-82220.Submitted by Councilmember Peterson - Establish a One-Stop Development Services Center City Council to request that the City Manager prepare a plan to establish a one-stop development services shop in the Civic Center for City Council’s consideration on or before the Council’s 2023 Strategic Planning Session . Recommended Action: COUNCILMEMBER COMMENTS (Not Agendized) ADJOURNMENT The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority is Tuesday, October 18, 2022, at 4:00 PM in the Civic Center Council Chambers, 2000 Main Street, Huntington Beach, California. INTERNET ACCESS TO CITY COUNCIL/PUBLIC FINANCING AUTHORITY AGENDA AND STAFF REPORT MATERIAL IS AVAILABLE PRIOR TO CITY COUNCIL MEETINGS AT http://www.huntingtonbeachca.gov Page 7 of 7 8 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:22-833 MEETING DATE:10/4/2022 THREAT TO PUBLIC SERVICES OR PUBLIC FACILITIES: Pursuant to Government Code Section 54957, Consultation with Eric Parra, Police Chief for the City of Huntington Beach Police Department and Scott Haberle, Fire Chief for the City of Huntington Beach Fire Department City of Huntington Beach Printed on 9/28/2022Page 1 of 1 powered by Legistar™9 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:22-731 MEETING DATE:10/4/2022 Short Term Rentals Summer Recap City of Huntington Beach Printed on 9/28/2022Page 1 of 1 powered by Legistar™10 Short Term Rental Study Session Community Development October 4, 2022 11 Background •September 3, 2019 – City Council Study Session on short- term rentals (STRs) •Four coastal cities were studied (Carlsbad, Carpinteria, Newport Beach, and Pismo Beach), as well as the range of approaches in regulating short-term rentals in the coastal zone •Staff conducted community outreach and additional research; returned to Council one year later •Council expressed a desire for a high threshold type of regulation 12 Background (cont.) •February 19, 2021 – Short Term Rental (STR) Ordinance became effective; Sunset Beach operators were given 6 months from fee resolution adoption (through July 2021) to retain “Un-hosted” rights •Summer 2021 – Ad Hoc Committee was created to receive additional input from interested parties •November 2, 2021 – City Council approved an amendment to the STR Ordinance to allow owners in Sunset Beach to obtain an Un-hosted STR Permit by March 1, 2022 •After this date, all new STR Permits must be hosted 13 Permits Issued & Transacted 117 150 169 2 88 98 0 50 100 150 200 Q4 2021 Q1 2021 Q2 2022 As of June 30, 2022 Total Permits Issued Total Permits Transacted 14 Permits Issued 15 City Revenue Data Unhosted Revenue Hosted Revenue Total Revenue TBID Assessment (4%): $42,723 $67,475 $110,198 TOT Tax (10%):$106,805 $169,545 $276,350 Total Revenue:$149,528 $236,160 $385,688 Total Revenue Received (through August 2022) For Q1 and Q2 of 2022 16 $860 $60,509 $108,176 $0 $35,274 $71,531 $0 $20,000 $40,000 $60,000 $80,000 $100,000 $120,000 Q4 2021 Q1 2022 Q2 2022 Hosted Unhosted City TOT Revenue by Quarter Revenue Collection Schedule Q4 = Oct-Nov 2021 (due Jan 2022) Q1 = Jan-Mar 2022 (due April 2022) Q2 = Apr –June 2022 (due July 2022) City TOT Revenue Data 17 STR “Average Daily Rate” 2 88 98 $430 $1,088 $1,834 0 500 1000 1500 2000 2500 Q4 2021 Q1 2022 Q2 2022 Average Daily Rate per Quarter Total Transacted Permits Average Daily Rate 18 Revenue Data 25% of Total Revenue Half Hosted / Unhosted 9 SFRs 1 Multi- FamilyTop Ten Revenue Generating STR Properties 19 Unpermitted STRs 343 476 286 195 139 0 50 100 150 200 250 300 350 400 450 500 January March May July September Number of Properties without STR Permits 20 Complaint Data 122 11 43 7 45 5 25 4 45 5 0 20 40 60 80 100 120 140 Hosted Unhosted STR Code Enforcement Data 1/1/2022 - 9/12/2022 Total Complaints Total Properties Total Investigations Confirmed Addresses in Violation Confirmed Violations 21 Complaint Categories Citywide Complaints Hosted (Confirmed Violations) Unhosted (Confirmed Violations) Total Confirmed Violations % of Total Permits No Owner On- Site 66 19 N/A 19 11% Noise 26 10 1 11 7% Maintenance 6 4 1 5 3% Occupancy 5 4 0 4 2% Construction 16 3 1 4 2% Parking 16 3 1 4 2% Trash 5 2 0 2 1% Other 1 0 1 1 <1% STR Code Enforcement Data 1/1/2022 - 9/12/2022 Complaint Data 22 Confirmed Violations 23 Hosted: 4 STR properties cited for no owner on-site (out of 25 properties) Unhosted: no citations issued 2 Hosted STRs have elected to cancel their STR Permits based on Code Enforcement investigations efforts 1 Hosted STR decided to voluntarily cancel their STR Permit Violations of permitted STRs can be reported 24/7 at 714-375-5155, option “3” Complaint Data 24 Program is still stabilizing Both hosted and unhosted STRs are generating revenue Nuisance complaints are minimal No correlation between unhosted STRs and confirmed violations Summary 25 Questions? 26 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:22-782 MEETING DATE:10/4/2022 Pacific Coast Highway Relinquishment Study City of Huntington Beach Printed on 9/28/2022Page 1 of 1 powered by Legistar™27 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:22-751 MEETING DATE:10/4/2022 Mark Currie with Bahai’ of Huntington Beach and member of the Greater Huntington Beach Interfaith Council City of Huntington Beach Printed on 9/28/2022Page 1 of 1 powered by Legistar™28 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:22-757 MEETING DATE:10/4/2022 Mayor Pro Tem Posey to call on Victoria Alberty to present the Adoptable Pet of the Month City of Huntington Beach Printed on 9/28/2022Page 1 of 1 powered by Legistar™29 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:22-781 MEETING DATE:10/4/2022 Mayor Pro Tem Posey to call on HBFD Chief Scott Haberle to proclaim October 9-15 as Fire Prevention Week City of Huntington Beach Printed on 9/28/2022Page 1 of 1 powered by Legistar™30 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:22-837 MEETING DATE:10/4/2022 Mayor Pro Tem Posey to proclaim September 15 to October 15 as National Hispanic Heritage Month City of Huntington Beach Printed on 9/28/2022Page 1 of 1 powered by Legistar™31 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:22-841 MEETING DATE:10/4/2022 Mayor Pro Tem Posey to proclaim October as Breast Cancer Awareness Month City of Huntington Beach Printed on 9/28/2022Page 1 of 1 powered by Legistar™32 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:22-795 MEETING DATE:10/4/2022 Mayor Pro Tem Posey to present the September Mayor’s HB Excellence Award to Ingrid Ono, Administrative Assistant in the Police Department City of Huntington Beach Printed on 9/28/2022Page 1 of 1 powered by Legistar™33 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:22-692 MEETING DATE:10/4/2022 Welcome to New OneHB Team Members City of Huntington Beach Printed on 9/28/2022Page 1 of 1 powered by Legistar™34 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:22-783 MEETING DATE:10/4/2022 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 September 20, 2022, require review and approval. Financial Impact: None. Recommended Action: Approve and adopt the City Council/Public Financing Authority regular meeting of September 20, 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. September 20, 2022 CC/PFA regular meeting minutes City of Huntington Beach Printed on 9/28/2022Page 1 of 1 powered by Legistar™35 Minutes City Council/Public Financing Authority City of Huntington Beach Tuesday, September 20, 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 CALL TO ORDER — 4:01 PM ROLL CALL Present: Peterson, Bolton, Posey (via Zoom), 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 that were received by her office following distribution of the Council Agenda packet: Study Session #1 (22-730) PowerPoint presentation entitled “Ocean View Estates” submitted by Ursula Luna- Reynosa, Director of Community Development. PUBLIC COMMENTS PERTAINING TO STUDY SESSION / CLOSED SESSION ITEMS (3 Minute Time Limit) — 1 Public 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. Shari Engel, a 20-year volunteer at Huntington Central Park, was called to speak and noted that improvements for Mile Square Park in Fountain Valley are paid by Orange County taxpayers through the Orange County Park system, and asked why Central Park Huntington Beach doesn't benefit financially from any of the many tax generating community events held throughout the year. Shari also thanked Mayor Delgleize for her support for Huntington Beach parks. (00:01:30) STUDY SESSION 36 City Council/PFA Regular Minutes September 20, 2022 Page 2 of 19 1. 22-730 Ocean View Estates Leases Community Development Director Ursula Luna-Reynosa presented a PowerPoint communication titled Ocean View Estates, with slides entitled: Ocean View Estates Mobilehome Park; Background; Current Rental Agreement Term Expires September 30, 2024; Course of Action for Cessation of Use; Options - Cost Estimate Report; Options to Extend Closure Date; and Questions? Mayor Delgleize confirmed with Director Luna-Reynosa the processes and time-frame required for cessation of use. Administrative Aide Kim Radding confirmed that the City is responsible to maintain roadways, and noted the concern of the homeowners regarding the City's plans. Councilmember Peterson confirmed with Director Luna-Reynosa that relocation options exist for someone moving in today as well as those who have been residents since the beginning of the mobile home park development. Councilmember Peterson stated his support for extending rental agreements, as well as designating a portion of the revenue for the City's park maintenance fees. Councilmember Kalmick confirmed with Director Luna-Reynosa that the City has not put any effort into decreasing the number of tenants, and that State laws now stipulate conditions for mobile home park land conversions. They also reviewed the financial numbers projected for returning the land to open green space. Councilmember Kalmick said he does not believe the City should be a landlord, and confirmed with Director Luna-Reynosa that selling or converting the land would be a Measure C issue. Director Luna-Reynosa clarified for Councilmember Kalmick the purpose of this Study Session is for Council to provide direction to staff for preparing an agendized item, and explained if Council decides to close this mobile home park, the process must begin before the end of this year in order to meet deadlines. Councilmember Kalmick stated he supports closing the mobile home park, but not incurring costs to do so, and suggested extending current leases by five years, with an option for an additional five years to allow another look at the situation in five years. Councilmember Carr stated her desire for much more information, such as an analysis of the local market data for mobile homes, before making a decision on this item. She suggested another option, could be to provide an opportunity for the current owners to buy this park, even if that option would fall under Measure C. Councilmember Carr stated her support for seeing this land remain as affordable housing. She also stated her concern about how accurate the financial numbers presented tonight will be in another ten or fifteen years, and therefore recommended hiring a consultant to research and provide accurate information for Council's consideration. Director Luna-Reynosa noted that if the residents were interested in purchasing the land, it would be a Surplus Land Act and Measure C issue, and require re-zoning with a general plan amendment, and entitlement process. She also stated that mobile homes are not affordable housing under State law. Director Luna-Reynosa also noted that the financial numbers presented did come from consultation with a Relocation Consultant, and if Council wants to proceed with a mobile home park closure, a Request for Proposal (RFP) would be issued. Councilmember Moser expressed her appreciation for the details presented, and stated her support for a ten- to fifteen-year lease extension. She also stated support for an effort to retain some park revenue each year to set aside funding for the eventual mobile home park closure. Councilmember Moser asked staff to provide the expected on-going costs to maintain the roadways and any other required short-term and long-term costs. 37 City Council/PFA Regular Minutes September 20, 2022 Page 3 of 19 Director Luna-Reynosa referred back to the Current Rental Agreement Term Expires September 30, 2024 presentation slide to document that maintenance currently costs approximately $100,000 annually. It was noted that the City maintains the mobile park irrigation along with Central Park irrigation maintenance. Councilmember Moser asked that projected numbers include expected inflation. Mayor Pro Tem Posey asked for a market rate survey for space rent, as well as a detailed income/expense report for consideration. Director Luna-Reynosa noted that the "Less Expenditures and 5% Vacancy Rate" line shows the net revenue, and noted that the space rent survey was included in the annual Tenant Based Rental Assistance (TBRA) report in April which showed market at about $1,700 and the City's rate at about $1,358. Mayor Pro Tem Posey stated he would rather see revenue build over time and accrue funds to properly handle a transition rather than the potential of having a piece of fenced open land waiting for funds to create a proper park. Councilmember Bolton stated she would like to better understand the processes and timeframe required if the current residents decided to purchase the land. She further stated she sees no reason to compel the residents to leave at the end of the current lease. Mayor Delgleize clarified with Director Luna-Reynosa that the Council can reserve part, or all, of the revenue generated from this mobile home park for closure and relocation costs, or a portion for Central Park maintenance, or for park improvement. Mayor Delgleize stated that with the planned in-depth study on the City's infrastructure needs, to her it makes sense to extend the leases five years with another five- year option to provide a better "complete" picture before determining the time to transition this mobile home park. Councilmember Kalmick asked that all of the costs, including rezoning fees, and considerations be included for an option offering to sell the parcel to the residents. Director Luna-Reynosa thanked Councilmembers for their comments and questions. A motion by Kalmick, second by Carr, to recess to Closed Session. With no objections the motion passed. CLOSED SESSION ANNOUNCEMENT(S) 2. 22-790 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) City Manager Zelinka added that Public Sector Consultants will also be attending Closed Session. RECESSED TO CLOSED SESSION — 4:46 PM 38 City Council/PFA Regular Minutes September 20, 2022 Page 4 of 19 CLOSED SESSION 3. 22-786 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case: Tabares (Tiffany) v. City of Huntington Beach/Eric Esparza, OCSC Case No.: 30-2021-01200297 4. 22-787 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case: Whitaker (Brittany) v. City of Huntington Beach; OCSC Case No.: 30-2021-01235807 5. 22-791 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, and Public Sector Consultants 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) 6. 22-798 CONFERENCE WITH LEGAL COUNSEL-LITIGATION (Gov. Code section 54956.9(d)(4).): Number of Cases, one (1) — Oil Spill 6:00 PM - COUNCIL CHAMBERS RECONVENED CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING — 6:07 PM ROLL CALL Present: Peterson, Bolton, Posey (via Zoom), 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 Carr INVOCATION In permitting a nonsectarian invocation, the City does not intend to proselytize or advance any faith or belief. Neither the City nor the City Council endorses any particular religious belief or form of invocation. 7. 22-698 Jynene Johnson of the Huntington Beach Stake of The Church of Jesus Christ of Latter-day Saints and member of the Greater Huntington Beach Interfaith Council CLOSED SESSION REPORT BY CITY ATTORNEY — None AWARDS AND PRESENTATIONS 39 City Council/PFA Regular Minutes September 20, 2022 Page 5 of 19 8. 22-667 Mayor Delgleize called on Lisa Rudy and Mel Williams to recognize them for their contributions to the July 13, 2022 Neighborhood Watch Public Safety meeting and other crime prevention measures in the Huntington Harbour area Mayor Delgleize introduced Lisa Rudy and Mel Williams and thanked them for coordinating and organizing the Neighborhood Watch program for the Huntington Harbour area. This Neighborhood Watch and Public Safety program was acknowledged by the Harbour Commission for the over 200 attendees, plus 900 remote viewers. Mr. Williams described the Crime Watch Newsletter which shares information on what is happening in the Harbour area, and describes ways residents can support police efforts. Ms. Rudy noted that her home was burglarized earlier in the year, and that motivated her to let the neighbors know what was going on and to inform them of ways to secure their homes. Fire Chief Haberle thanked Lisa and Mel for truly embodying the OneHB spirit and working with the Harbour Commission to present a very successful Neighborhood Watch Public Safety meeting. 9. 22-668 Mayor Delgleize called on Jeremy Johnson and the Walmart Team from Store 5601 for their continued support of the Huntington Beach Fire Department and their recent donation of $3,000 for the purchase of essential equipment for the Department’s Hazardous Materials Response Team Mayor Delgleize welcomed Suehaine Ramos and Traci Allen of Walmart. Fire Chief Haberle noted this is another great example of community embodying the OneHB spirit through their donation of $3,000 for essential equipment for the Fire Department's Hazardous Materials Response Team. Chief Haberle explained that the Hazardous Materials Response Team has completed extensive training and audits to meet State standards for increased level of service from Type 2 to Type 1. The Walmart donation made it possible to purchase the extra equipment needed to become Type 1 qualified. Chief Haberle noted that Huntington Beach has the only Type 1 Hazmat unit in Orange County. Chief Haberle thanked Walmart for their year-after-year support for the Huntington Beach Fire Department. 10. 22-784 Mayor Delgleize proclaimed September as National Service Dog Month and presented commendation to volunteer puppy raiser Doreen Mayo of Canine Companions and puppy, Brisket Mayor Delgleize noted that National Service Dog Month aims to educate about the benefit of service dogs and the laws protecting them, and described some of the benefits service dogs provide for people with disabilities. Doreen Mayo and her husband have been raising service dogs for 18 years, and stated that regardless of age, or disability, Canine Companions has a dog for you. Brisket is sponsored by the Los Angeles Chargers football team, and Lazy Dog Restaurant. Brisket has more than 16,000 followers on his Chargers Pup Instagram account. Doreen and Brisket thanked Huntington Beach for supporting National Service Dog Month. 11. 22-758 Mayor Delgleize presented the August Mayor’s HB Excellence Award to Sergeant Scott Marsh with HBPD 40 City Council/PFA Regular Minutes September 20, 2022 Page 6 of 19 Mayor Delglieze noted that the Mayor's Awardees are nominated by their fellow employees for meeting the criteria of humility, social awareness, passion, exceptionality, integrity, and being team oriented. Sergeant Marsh has served Huntington Beach with honor and distinction for over 20 years, and currently supervises the General Investigation Unit. Fellow employees further described his encouragement of team work, compassion, innovation, and personal growth. He is a personal supporter of the Special Olympics Torch Run by organizing and staffing the run through Huntington Beach. Police Chief Parra noted that Sergeant Marsh is also in charge of the Crisis Negotiation Team. Chief Parra thanked Sergeant Marsh for his commitment, compassion and attention to details, and congratulated him for receiving this honor. ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) Pursuant to the Brown "Open Meetings" Act, Assistant City Clerk Patty Esparza announced supplemental communications that were received by her office following distribution of the Council Agenda packet: City Manager’s Report #12 (22-788) PowerPoint presentation entitled “Glen Mar Frontage Road Improvements” submitted by Sean Crumby, Director of Public Works. #13 (22-789) PowerPoint presentation entitled “Be Well OC in Huntington Beach: One Year Update” submitted by Marshall Moncrief of MindOC and Jason Austin, Deputy Director of Homelessness and Behavior Services. Consent Calendar #20 (22-719) Inter-department communication regarding American Asphalt South for Residential Zone Slurry Maintenance in Maintenance Zones 2 and 5 received from Sean Crumby, Director of Public Works. Administrative Items #26 (22-780) PowerPoint presentation entitled “Recognition of Michael E. Rodger at Senior Center in Central Park & naming of the former Senior Outreach Building at 17th Street Park submitted by Chris Slama, Director of Community & Library Services. Two (2) email communications received regarding the dedication of the central hallway at the Senior Center in Central Park. PUBLIC COMMENTS (3 Minute Time Limit) — 24 In-Person and 2 Phone-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. Erik Peterson, on behalf of Congresswoman Steel, was called to speak, and presented to City Attorney Michael Gates a copy of Congresswoman Steel's statement read into the Congressional Record to acknowledge the efforts of Attorney Gates as an effective advocate for the people of Huntington Beach, and to thank him for his service to the community. (01:15:08) Mike VanVoorhis, Chair of the Huntington Beach Harbor Commission, and member of the Sunset Beach Community Association, was called to speak and announced that Thursday, September 22, 7:30 PM, there will be a City Council and City Attorney Candidates Forum at the Sunset Beach Community Center. 41 City Council/PFA Regular Minutes September 20, 2022 Page 7 of 19 He also announced the Sunset Beach Chili Cook Off on Saturday, September 24, 11 AM to 4 PM, at the Sunset Beach Community Center. (01:16:43) Dan Pantano, Skandia Mobile Home Park homeowner, and also representing his wife, Gina Alexander, Vice President of the Skandia Home Owners Association, was called to speak and shared their opinions on living in Huntington Beach where middle-income families are being forced into renting because of the influx of big conglomerate investors buying the mobile home parks. Mr. Pantano asked that Council not remain silent on the issue of affordable housing for the City's middle-income and senior residents. (01:20:11) David Garofalo was called to speak and thanked City Staff and the City Council on behalf of the Huntington Beach Greater Interfaith Council for supporting another successful Blessing of the Waves in Huntington Beach. (01:23:07) Joe Carchio, a resident and business owner in Huntington Beach for over 40 years, and former Mayor and Councilmember, was called to speak and thanked all of the people, City staff and Councilmembers who have supported him through the years as he announced he is moving back to New Jersey to be close to family. (01:24:44) Scott Field, a Candidate for City Attorney in 2022, was called to speak and stated he has 40 years of municipal attorney experience including 25 years of working at the City of Huntington Beach. Mr. Field defined his qualifications and described situations which he feels makes him the best candidate for the position. (01:27:28) Dennis Bauer, representing almost 40,000 veterans and their families in Huntington Beach, was called to speak and stated his support for Administrative Items #26 B to formally name the former Senior Outreach Building at 1718 Orange Avenue to Memorial Hall in honor of all of the veterans in Huntington Beach. (01:30:45) Tom Welch, 43-year resident of Huntington Beach and retired military officer, was called to speak and stated his support for Administrative Items #26 B to formally name the former Senior Outreach Building at 1719 Orange Avenue to Memorial Hall in honor of all of the veterans in Huntington Beach. (01:31:32) Pam Free, former Pier Plaza Art Affaire operator for nearly 30 years, was called to speak and described the unfortunate fact that 42 of the 56 former vendors cannot afford to pay the doubled vendor fees since the event has been managed by the Downtown Business Improvement Board. Ms. Free described a number of changed policies and recent "situations" at the Art Affaire, and asked if the event is really as great as a Councilmember recently described it. (01:34:47) Patricia Taylor, a resident of Rancho Del Rey Mobile Home Park, was called to speak and noted City Council's minimal efforts in support of the many seniors who are seeing uncontrolled space rent increases, and asked for meaningful action now to help more at-risk residents until a Rent Stabilization Ordinance (RSO) can be voted on in November 2024. (01:37:59) Kathy Carrick was called to speak and described dates and events this year related to the appointment process for two vacant positions on the Historic Resources Board. She noted that her inquiries about the sudden and last-minute removal of the appointment of Catherine Johnson and Austin Edsell in June, have been stonewalled. Ms. Carrick referenced public documents to support her contention that City Council acted inappropriately in this situation, and stated actions of targeted discrimination negatively impact everyone. (01:40:53) 42 City Council/PFA Regular Minutes September 20, 2022 Page 8 of 19 Tim Geddes, a nearly 40-year resident of southwest Huntington Beach, and Chair of the Mobile Home Advisory Board, was called to speak and asked all Huntington Beach City Council candidates what they would do to address the plight of the homeowners and seniors trapped in an unsustainable economic situation in Huntington Beach mobile home parks. Mr. Geddes invited any City Council candidates with answers to attend the quarterly Mobile Home Advisory Board meeting at 5 PM on Monday, October 24, 2022, Room B8 (the meeting room next to Council Chambers), and share their ideas during public comments. (01:44:02) Dino Ferraro, Owner and Chef, Capone's Italian Cucina, and Black Trumpet Bistro in Huntington Beach for the last 23 years, was called to speak and stated he wanted to draw attention to a serious First Amendment right violation. He described a meet and greet event he held on August 1, 2022, to discuss City issues, support Huntington Beach small businesses, and included City Attorney Candidate Michael Gates. After this event he received calls from Code Enforcement stating he was in violation of a City outdoor dining ordinance. Mr. Ferraro noted that neighboring restaurants on either side of him have dining tables and chairs set up outside, as most restaurants do, as they have been encouraged by the City for the last two years during Covid-19. Mr. Ferraro called on the City to cease harassing him and violating his free speech rights. (01:46:27) Lisa Ferraro, wife of Dino Ferraro and Huntington Beach residents for over 30 years, was called to speak and stated that after their August 1, 2022, event and public support for City Attorney Candidate Michael Gates, Huntington Beach Code Enforcement claimed Capone's Italian Cucina was in violation of Americans with Disabilities Act (ADA), when in reality there are multiple paths of travel in and around their restaurant. Ms. Ferraro stated her understanding that ADA issues are addressed after an official complaint from a disabled person, and shared her opinion that those issues do not fall under any city's code enforcement department. Ms. Ferraro asked that the City cease harassing them and violating their free speech rights. (01:50:03) R. Allen Baylis, a resident of Huntington Beach for over 50 years and practicing attorney, was called to speak and shared his opinion that Michael Gates is not the right person for the City Attorney position. Mr. Baylis stated his support for City Attorney Candidate Mr. Scott Field. (01:52:27) Jim Rossman, a 43-year resident of Huntington Beach and 22-year member of the American Legion, was called to speak and stated his support for Administrative Items #26 B to formally name the former Senior Outreach Building at 1719 Orange Avenue to Memorial Hall in honor of all of the veterans in Huntington Beach. (01:55:29) Ken Inouye, a 49-year resident of Huntington Beach, and Candidate for City Council in 2022, was called to speak and noted that Huntington Beach ordinances do not allow posting of campaign signs until September 19, and yet a number of candidates posted their signs on September 18. Mr. Inouye stated he believes the residents deserve to be served by candidates who follow the rules and present facts based on their merits in a clean campaign without resorting to sending out hit pieces. (01:57:03) Amory Hanson, a Candidate for City Council in 2022, and Vice Chair of the Historic Resources Board, speaking as a concerned citizen, was called to speak and stated his support for Administrative Items #26 A to approve formally dedicating the central hallway wall at the Senior Center in Central Park in recognition of Michael E. Rodgers. Mr. Hanson stated that also placing a plaque honoring Michael E. Rodgers at Memorial Hall on Orange Avenue will restore the legacy of Mr. Rodgers in Huntington Beach, and suggested the City sponsor an event to commemorate the placement of these plaques. (01:58:59) 43 City Council/PFA Regular Minutes September 20, 2022 Page 9 of 19 WynDee Swartz was called to speak and thanked Mayor Delgleize for ensuring the Glen Mar community issues are being addressed. Ms. Swartz described the original planning details made five years ago, and her recent discovery that funds are no longer available to complete this project. Ms. Swartz suggested the project be completed in phases, using the plan and materials approved five years ago, as a method to proceed and stay within available funding. (02:00:45) Fran Varga, a resident living near the 17th Street Park, was called to speak and expressed her support for naming the former Senior Outreach Building at 1719 Orange Avenue to "Memorial Community Hall" in honor of the historical American Legion Post 133 and to acknowledge the public nature of the facility. She also stated she looks forward to the official ribbon cutting ceremony for 17th Street Park. (02:03:59) Chris Varga was called to speak and stated his support for Administrative Items #26 A and B to formally dedicate the central hallway wall at the Senior Center in Central Park in recognition of Michael E. Rodgers; and, formally name the former Senior Outreach Building at 1719 Orange Avenue as “Memorial Community Hall”. He also stated he is looking forward to the official ribbon cutting ceremony at 17th Street Park. (02:06:34) Leonie Mulvihill, a citizen of Huntington Beach and municipal lawyer for over 25 years, was called to speak and shared her opinion that City Attorney Michael Gates has become a distraction to the election due to his statements blasted on social media. She noted the State Bar rules on the professional rules of conduct for attorneys and addresses conflicts of interest, and stated she filed a complaint with the State Bar because they are the final arbitrator on professional rules of conduct. Ms. Mulvihill noted her intent is to allow the community to move on from this distraction and refocus on improving the lives of the residents of Huntington Beach. (02:08:29) Roger Noor was called to speak and shared his unsatisfactory personal interactions with Huntington Beach Police Department officers. (02:11:19) Brian Costa was called to speak and asked how someone on video tape committing a vandalism crime on a private vehicle can be released and not arrested, yet smoking on the beach is an arrestable offense. (02:14:28) Caller Ada Hand, a resident of Del Mar Estates Mobile Home Park, was invited to speak and directed her comments to the topic of vacancy control in mobile home parks pertaining to Rent Stabilization Ordinances (RSOs). Ms. Hand noted that RSOs do not necessarily prevent park owners from raising rents as claimed by some park owners. (02:16:31) Caller Allison Plum, a mobile home owner, was invited to speak and directed her comments to define various terms used when considering mobile home space rental amounts. She noted that most mobile home residents live in a captive marketplace where park owners control the market. Ms. Plum reminded all mobile home residents of the next Mobile Home Advisory meeting on Monday, October 24, 2022, 5 PM in Room B8 at City Hall. (02:19:40) COUNCIL COMMITTEE — APPOINTMENTS — LIAISON REPORTS, AB 1234 REPORTING, AND OPENNESS IN NEGOTIATIONS DISCLOSURES Councilmember Kalmick reported attending the following meetings: Cannabis Ad Hoc Committee and Orange County Transportation Authority (OCTA) Advisory Committee, Bike and Pedestrian Subcommittee. 44 City Council/PFA Regular Minutes September 20, 2022 Page 10 of 19 Mayor Delgleize announced that Orange County Transit Authority (OCTA) has prepared an outline, currently in management review, for handling bike safety and noted the need for guidelines. Councilmember Bolton reported attending meetings of the: Cannabis Ad Hoc Committee, and Human Relations Committee. Councilmember Moser reported the following meetings: League of California Cities, where she was elected as a member of the 2022-23 Board of Directors for the Orange County Division; High School and Community Colleges School Districts; Youth Board; Downtown Redesign Ad Hoc Committee; Human Relations Committee; and Homeless Task Force. Councilmember Carr reported attending the League of California Cities Annual Conference and Expo. Mayor Delgleize announced that Orange County Tax Payers Association (OCTax) presented a radish to Poseidon Water at their recent Roses and Radishes event to acknowledge Orange County organizations that are taxpayer friendly, or not, and reported attending the International Surfing Association (ISA) parade representing 51 countries participating in this year's World Surfing Games in Huntington Beach this week. CITY MANAGER’S REPORT 12. 22-788 Glen Mar Arterial Landscape Rehabilitation Director of Public Works Sean Crumby presented a PowerPoint communication titled Glen Mar Frontage Road Improvements with slides entitled: Table of Contents; Project History; Existing Condition; Current Project; Moving Forward - Option 1 (Bid Now); and Moving Forward - Option 2 (Phased Approach). Councilmember Kalmick and Director Crumby discussed cost increases for this project. Director Crumby noted that when the project started, pre-Covid-19, much of the labor was provided by City staff through overtime hours, but since the staff re-organization this project will be handed off to a project manager with bidding through Public Contract code. Director Crumby confirmed for Councilmember Kalmick this land has always belonged to the City. Director Crumby stated that staff recommends proceeding by substituting stained lodgepole for all areas except the tract entries to complete as much of the project as possible. Mayor Delgleize and Director Crumby discussed an option to extend the time to complete the project by continuing to use the Trex® product or change to using lodgepole. It was noted that neither product is maintenance free. City Manager Zelinka noted this item is a report only, and staff is not looking for Council direction. Councilmember Kalmick stated his opinion that the lodgepole is great for the beach, but doesn't match esthetics of the original plan for Glen Mar. He stated his support for extending the project to do it right, and noted that Trex® materials hold up well over time. Councilmember Moser stated her support for Councilmember Kalmick's comments, and noted that by continuing to use a Trex® product, this project will be kept in line with the effort to beautify the City's arterial streets. 45 City Council/PFA Regular Minutes September 20, 2022 Page 11 of 19 Councilmember Carr noted that one reason for the deterioration of the previous fence was because people were walking on it and suspects that using lodgepole may result in the same type of behavior. Also, noting the minor difference in cost, she stated support for the comments made by Councilmembers Kalmick and Moser. 13. 22-789 Review ed the First Year of Operations for the Be Well OC in Huntington Beach Mobile Crisis Response Program Marshal Moncrief of MindOC expressed gratitude for the leadership provided by Huntington Beach in leading the charge and showing what a community can do to address the needs of every single person in the community. Mr. Moncrief presented a PowerPoint communication titled Be Well OC in Huntington Beach: One Year Update, with slides entitled: The Problem; The Solution; Huntington Beach; Be Well Mobile Response in Huntington Beach (3); Contacts This Month; Average Time to Scene; Statistical Information (2); Housed vs Unhoused = Whole Community Service (2); and Lessons Learned & Looking Ahead. Mayor Delgleize expressed her appreciation for this program, and noted it is not just homeless people who may benefit at one time or another from these services. She also thanked Jason Austin, Deputy Director of Homelessness and Behavior Services, for helping to make Huntington Beach a better city. Councilmember Carr expressed appreciation for being in a position to test this forward-thinking program, and asked if other area cities are responding to the need. Mr. Moncrief noted that five other cities have implemented similar programs and five additional cities are in discussions for implementing. Councilmember Carr noted the grants and funding that have been received in response to this City Council being willing to take the risk of setting up a pilot program. Councilmember Moser noted that being the first can be challenging. She added that it is the City's responsibility to ensure good quality of life for Huntington Beach residents, and this program optimizes the services of the Police and Fire Departments' public safety efforts. Councilmember Moser thanked former and current staff members for believing in the effort and supporting the program. CITY CLERK’S REPORT 14. 22-710 City Clerk Announced National Voter Registration Day — Tuesday, September 20, 2022 Assistant City Clerk Patty Esparza presented a PowerPoint communication titled Today is the Ten-Year Anniversary of the National Voter Registration Day (2), and noted that anyone not registered who wants to vote on November 8, 2022, may register at www.registertovote.ca.gov by October 24, 2022. Assistant City Clerk Esparza also noted that pre-registration is also available for California youth, ages 16 or 17, so when they turn 18 they will be registered to vote. **Mayor Pro Tem Posey left the Zoom meeting prior to Consent Calendar Vote** CONSENT CALENDAR Councilmember Carr pulled Consent Calendar Item #19 for further discussion. 46 City Council/PFA Regular Minutes September 20, 2022 Page 12 of 19 15. 22-776 Approved and Adopted Minutes A motion was made by Carr, second Kalmick to approve and adopt the City Council/Public Financing Authority regular meeting minutes and the Housing Authority special meeting minutes of September 6, 2022. The motion carried by the following vote: AYES: Peterson, Bolton, Delgleize, Carr, Moser, and Kalmick NOES: None ABSENT: Posey 16. 22-238 Reaffirmed adoption of Resolution No. 2021-62 finding a proclaimed state of emergency continues to impact the ability to meet safely in person, and allows meetings of the City Council and all City boards, commissions and committees to be conducted remotely as needed in compliance with new Brown Act provisions identified in Assembly Bill 361 A motion was made by Carr, second Kalmick 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, Delgleize, Carr, Moser, and Kalmick NOES: None ABSENT: Posey 17. 22-746 Adopted Resolution 2022-37 Declaring a Certain Public Easement Area Exempt Surplus Land Pursuant to the Surplus Lands Act (SLA) A motion was made by Carr, second Kalmick to declare a portion of the City-owned public right of way easement located near the intersection of Huntington Street and Atlanta Avenue as "exempt surplus land" as defined by Government Code Section 54221(f); and, adopt Resolution No. 2022-37, "A Resolution of the City Council of the City of Huntington Beach Declaring That an Undeveloped Portion of an Existing Street and Public Utility Easement Along the Eastside of 102 & 104 Huntington Street, Huntington Beach, is Exempt Surplus Land Pursuant to Government Code Sections 54221 (F) (1) (B) and 54221 (F) (1) (E), and Making a Finding of Exemption Under CEQA," including written findings, supporting the declaration. The motion carried by the following vote: AYES: Peterson, Bolton, Delgleize, Carr, Moser, and Kalmick NOES: None ABSENT: Posey 18. 22-735 Approved and authorized execution of Professional Services Contracts for On-Call General Engineering Consulting Services with Aztec Engineering, EXP US Services, GHD Inc., Harris & Associates, Psomas, and Tetra Tech 47 City Council/PFA Regular Minutes September 20, 2022 Page 13 of 19 A motion was made by Carr, second Kalmick to approve and authorize the Mayor and City Clerk to execute $1,500,000 "Professional Services Contract Between the City of Huntington Beach and Aztec Engineering for On-Call General Engineering Consulting;" and, approve and authorize the Mayor and City Clerk to execute $1,500,000 "Professional Services Contract Between the City of Huntington Beach and EXP US Services for On-Call General Engineering Consulting;" and, approve and authorize the Mayor and City Clerk to execute $1,500,000 "Professional Services Contract Between the City of Huntington Beach and GHD Inc. for On-Call General Engineering Consulting;" and, approve and authorize the Mayor and City Clerk to execute $1,500,000 "Professional Services Contract Between the City of Huntington Beach and Harris & Associates for On-Call General Engineering Consulting;" and, approve and authorize the Mayor and City Clerk to execute $1,500,000 "Professional Services Contract Between the City of Huntington Beach and Psomas for On-Call General Engineering Consulting;" and, approve and authorize the Mayor and City Clerk to execute $1,500,000 "Professional Services Contract Between the City of Huntington Beach and Tetra Tech for On-Call General Engineering Consulting." The motion carried by the following vote: AYES: Peterson, Bolton, Delgleize, Carr, Moser, and Kalmick NOES: None ABSENT: Posey 19. 22-777 Approved the City’s responses to Grand Jury Report "How Is Orange County Addressing Homelessness?" Councilmember Carr pulled this item to note that Mayor Delgleize responded to the Grand Jury Report on Orange County Homelessness by detailing how Huntington Beach has responded, and highlighted some of those key elements. Councilmember Moser thanked Mayor Delgleize for her letter of response, and thanked Jason Austin, Deputy Director of Homelessness and Behavior Services, for expanding the system of care. A motion was made by Carr, second Moser to approve the City's responses to the findings and recommendations in the Orange County Grand Jury report "How is Orange County Addressing Homelessness?" 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 and the Orange County Grand Jury. The motion carried by the following vote: AYES: Peterson, Bolton, Delgleize, Carr, Moser, and Kalmick NOES: None ABSENT: Posey 20. 22-719 Approved a Service Agreement between the City of Huntington Beach and American Asphalt South for Residential Zone Slurry Maintenance in Maintenance Zones 2 and 5 A motion was made by Carr, second Kalmick to approve the Interagency Service Agreement for American Asphalt South to provide residential slurry seal maintenance services for Maintenance Zones 5 and 2. The motion carried by the following vote: 48 City Council/PFA Regular Minutes September 20, 2022 Page 14 of 19 AYES: Peterson, Bolton, Delgleize, Carr, Moser, and Kalmick NOES: None ABSENT: Posey 21. 22-743 Approved and authorized execution of a Professional Services Agreement with PFM Group Consulting LLC for Consulting Services Related to Management System Reviews, Citywide Standard Operational Procedure Updates, and Procurement Process Improvements A motion was made by Carr, second Kalmick to approve and authorize the Mayor and City Clerk to execute "Professional Service Agreement Between the City of Huntington Beach and PFM Group Consulting for On-Call Consulting Services," approve the one-time appropriation of $180,000 from General Fund balance to FY2022-23 City Manager's Office Budget and Account 10030101.69365. The motion carried by the following vote: AYES: Peterson, Bolton, Delgleize, Carr, Moser, and Kalmick NOES: None ABSENT: Posey 22. 22-773 Adopted Ordinance No. 4260 amending Chapter 17.56 of the Huntington Beach Municipal Code relating to the Fire Code Approved for introduction 9/6/2022 — Vote: 7-0 A motion was made by Carr, second Kalmick to adopt 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." The motion carried by the following vote: AYES: Peterson, Bolton, Delgleize, Carr, Moser, and Kalmick NOES: None ABSENT: Posey 23. 22-774 Adopted Ordinance No. 4261 authorizing the assignment of a Franchise Agreement with Focus Media Group for Transit Shelter Services Approved for introduction 9/6/2022 — Vote: 7-0 A motion was made by Carr, second Kalmick to 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, adopt 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." The motion carried by the following vote: AYES: Peterson, Bolton, Delgleize, Carr, Moser, and Kalmick NOES: None ABSENT: Posey 49 City Council/PFA Regular Minutes September 20, 2022 Page 15 of 19 24. 22-775 Adopted Ordinance No. 4266 amending Chapter 15.32 of the Huntington Beach Municipal Code relating to nonproducing and idle oil wells Approved for introduction 9/6/2022 — Vote: 6-0-1 (Delgleize out of room) A motion was made by Carr, second Kalmick to adopt 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." The motion carried by the following vote: AYES: Peterson, Bolton, Delgleize, Carr, Moser, and Kalmick NOES: None ABSENT: Posey PUBLIC HEARING 25. 22-740 Held Public Hearing and accepted the Fiscal Year 2021-2022 Consolidated Annual Performance & Evaluation Report Housing Manager Charles Kovac presented a PowerPoint communication titled Consolidated Annual Performance & Evaluation Report (CAPER) FY 2021-2022 with slides entitled: Background (2); Funding Categories; Oak View Family Literacy; Oak View Children's Bureau; StandUp for Kids & Navigation Center; Senior Care Services; Code Enforcement; Public Facilities; Tenant Based Rental Assistance (TBRA); Affordable Housing; Recommended Actions; and Thank You. Councilmember Carr opened the Public Hearing. Assistant City Clerk Patty Esparza announced there were no Public Speakers. Pursuant to the Brown "Open Meetings" Act, Assistant City Clerk Esparza announced the following supplemental communications were received by her office following distribution of the Council Agenda packet: Public Hearing #25 (22-740) PowerPoint presentation entitled “Consolidated Annual Performance & Evaluation Report (CAPER) FY 2021-2022 submitted by Ursula Luna-Reynosa, Director of Community Development. Email communication received regarding Acceptance of the Fiscal Year 2021-2022 Consolidated Annual Performance & Evaluation Report. Councilmember Carr closed the Public Hearing. A motion was made by Peterson, second Kalmick to conduct the Public Hearing to hear comments and approve the FY 2021-2022 Consolidated Annual Performance and Evaluation Report for Community Development Block Grant (CDBG) and HOME Investment Partnerships Program (HOME) Federal funds; and, authorize the City Manager to transmit this report to HUD by September 28, 2022. The motion carried by the following vote: 50 City Council/PFA Regular Minutes September 20, 2022 Page 16 of 19 AYES: Peterson, Bolton, Delgleize, Carr, Moser, and Kalmick NOES: None ABSENT: Posey ADMINISTRATIVE ITEMS 26. 22-780 Approved as amended the dedication of the central hallway wall at the Senior Center in Central Park, in recognition of Michael E. Rodgers and name the former Senior Outreach Center building at 17th Street Park as Memorial Community Hall as recommended by the Community & Library Services Commission Director of Community Development and Library Services Chris Slama presented a PowerPoint communication titled Recognition of Michael E. Rodgers at Senior Center in Central Park & Naming of the former Senior Outreach Building at 17th Street Park, with slides entitled: Background; Recognition of Michael E. Rodgers (6); Recommended Action; Former Senior Outreach Building (5); and Recommended Action. Councilmember Moser thanked everyone, including veterans, community members, and Kathie Shey, Historic Resources Commission Chair, for being an important part of this process. Councilmember Peterson commended the proposed Michael E. Rodgers acknowledgement recognition at the Senior Center at Central Park. He further stated his support for naming the building at 17th Street Park as Memorial Hall in recognition that American Legion Post #133 is one of the oldest Legions in the United States. Councilmembers Carr and Bolton stated their support for Memorial Hall, and noted that even though "community" is not part of the name it doesn't mean it is not for community use, and thanked all of the community members who took the time to share their thoughts. A substitute motion was made by Delgleize, second Carr to approve the recommendation by the Community & Library Services Commission to formally dedicate the central hallway wall at the Senior Center in Central Park in recognition of Michael E. Rodgers; and, approve the recommendation by the Community & Library Services Commission as amended to formally name the former Senior Outreach Building located at 1718 Orange Avenue to Memorial Community Hall. The motion carried by the following vote: AYES: Peterson, Bolton, Delgleize, Carr, Moser, and Kalmick NOES: None ABSENT: Posey 27. 22-794 Approved amended plan to effectuate three recommendations provided in the Richards, Watson, & Gershon (RWG) independent review of the City’s handling of the Moore-Field litigation City Manager Zelinka presented a PowerPoint communication titled RWG Report and Recommendations with slides entitled: Background; Recommendation #1/Implementation; Required Trainings; Supplemental Trainings; Recommendation #2/Implementation; and Recommendation #3/Implementation. 51 City Council/PFA Regular Minutes September 20, 2022 Page 17 of 19 Councilmember Bolton, City Manager Zelinka and City Attorney Gates discussed detailed specifics related to the three recommendations. Councilmember Bolton stated her concerns regarding any suggestion there is not impartiality and recommended that Councilmembers should receive the final report from independent counsel before review by City Attorney Gates. City Manager Zelinka stated the independent counsel report will be shared with Councilmembers, and results of the findings will determine whether or not the findings will be shared in Closed Session. City Attorney Gates confirmed that if independent counsel recommends considering litigation, that information would be considered by Councilmembers in a Closed Session; however, if findings determine no litigation is recommended then the findings could be shared inside of or outside of a Closed Session. Mayor Delgleize asked that if City Attorney Gates was implicated in the independent counsel findings, would the process just described still be implemented. City Attorney Gates responded that this process is used all the time, and he wanted to ensure there was no intimation of potential mishandling. He noted that normally outside counsel is given their charge, they do their research and they report back to the City Attorney and City Manager. Councilmember Moser noted that it may be common to hire outside counsel, but in this case the City Attorney's Office is directly involved. City Attorney Gates responded that it is not uncommon to have independent counsel review a City Attorney's Office if the City Attorney's Office is involved, and noted that the earlier 8-page letter from Cole and Huber outlined how it is completely possible to hire independent counsel and offered to re-send that letter to Councilmembers if they desired. Councilmember Bolton suggested any action clearly state that the City Attorney's Office is recused from the process after selection of the independent counsel. She stated her opinion that the independent counsel report should be provided to City Manager Zelinka to share with the Councilmembers who then could meet with the independent counsel if necessary. City Attorney Gates responded there is a fine line to walk in getting an independent review while the City Attorney also honors his City Charter charge as the elected City Attorney. He further added that none of the issues for which independent review is recommended have a conflict of interest for him personally. Councilmember Bolton stated her recommendation that after City Attorney Gates retains the independent counsel, he step back. She noted that Mr. Williams was employed by the City Attorney's Office and there could be a theory of vicarious liability, or something like that, and in her opinion the situation will be handled more efficiently if independent counsel is hired by the City Attorney's Office, and the report comes back to City Manager Zelinka, and he reports to City Council. Councilmember Carr recommended the scope of work be dictated by the City Manager rather than the City Attorney. Councilmember Kalmick stated his support for Recommended #1 Implementation to begin training in January considering there will be four new City Council members, and would like to see some computer skills training included because use of technology is central to being a Councilmember. Councilmember Kalmick stated his support for a clean separation by having Councilmembers identify the scope of work, City Attorney's Office select and hire the independent counsel, with the independent counsel report returning to City Council through City Manager Zelinka. 52 City Council/PFA Regular Minutes September 20, 2022 Page 18 of 19 Councilmember Kalmick and City Attorney Gates discussed the recent updating process for the independent counsel panel to ensure current costs, personnel and available firms, and noted the Request for Proposal (RFP) did not substantially change. Councilmember Moser clarified with City Manager Zelinka that all councilmembers would be included in all of the training. A motion was made by Bolton, second Kalmick to approve the plan to implement three recommendations provided in RWG's independent review of the City's handling of the Moore-Field Litigation, as amended to add Computer training to Action #1; designate the City Manager to determine scope of work; designate the City Attorney to retain outside counsel; the City Attorney Office is recused from the case; and City Manager will report the findings to City Council. The motion carried by the following vote: AYES: Bolton, Delgleize, Carr, Moser, and Kalmick NOES: Peterson ABSENT: Posey COUNCILMEMBER COMMENTS (Not Agendized) Mayor Delgleize announced that Robert L. Mayer, Sr. passed away earlier this month at the age of 96 and noted highlights of his life accomplishments, including his trailblazing vision and contributions to develop Surf City from the 1970's through 2022. ADJOURNMENT — 9:41 PM in memory of Robert L. Mayer, Sr., to the next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority on Tuesday, October 4, 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: 53 City Council/PFA Regular Minutes September 20, 2022 Page 19 of 19 ______________________________________ City Clerk-Secretary ______________________________________ Mayor-Chair 54 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:22-825 MEETING DATE:10/4/2022 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: Receive and file the Fair Political Practices Commission 2022 Local Agency Biennial Notice for the City of Huntington Beach Statement of Issue: The Political Reform Act (PRA) of 1974 requires every local government agency to adopt and promulgate a Conflict of Interest Code that requires designated officials and employees to file Statement of Economic Interests Form 700 upon their appointment and annually thereafter. City Council Resolution No. 2018-58 represents the City of Huntington Beach’s current conflict of interest code (Attachment 1). To ensure conflict of interest codes remain current and accurate, each local agency is required to review its code at least every even-numbered year and determine if amendments are necessary. The City Council serves as the code reviewing body for the City of Huntington Beach conflict of interest code. Any proposed amendments to either code must be approved by the City Council within 90 days of receiving the Local Agency Biennial Notices. Financial Impact: Not applicable. Recommended Action: A) Receive and file the Fair Political Practices Commission 2022 Local Agency Biennial Notice for the City of Huntington Beach/Public Financing Authority; and, B) Direct staff to return with proposed amendments to the City’s Conflict of Interest Code to the City Council within 90 days. Alternative Action(s): Do not approve recommended actions and direct staff accordingly. However, the biennial review of City of Huntington Beach Printed on 9/28/2022Page 1 of 2 powered by Legistar™55 File #:22-825 MEETING DATE:10/4/2022 the conflict of interest code is required by state law. Analysis: City of Huntington Beach Conflict of Interest Code The City Council approved and adopted Resolution No.2018-58 (Attachment 1) on October 15, 2018, which was modeled after the terms of a standard Conflict of Interest Code promulgated by the Fair Political Practices Commission (FPPC)’s California Code of Regulations, Title 2, Section, 18730. This Resolution represents the City’s current conflict of interest code. The resolution defines “designated employees” as an officer, employee or consultant whose position entails the making or participation in the making of governmental decisions that may foreseeably have a material effect on any financial interest. Appendix B of said Resolution represents the list of City officials and employees by position titles that deemed “designated employees” and are required to file Statements of Economic Interests Form 700. Biennial Notice and Review FPPC regulations require a biennial review of an agency’s conflict of interest code and list of “designated employees” to determine if the current list of designated filers requires amendments due to changes in position titles, positions that may no longer exist, and the creation of new positions that meet the definition of a “designated employee.” Since October 2018, the City has implemented a comprehensive organizational restructuring with significant changes with positions and their duties within the City. Additionally, the City restructured and streamlined its 40+ Boards, Commissions, and Committees to ensure the most efficient use of City resources while maintaining an effective level of civic engagement in City affairs. As such, a list of the City’s designated officials and employees and their disclosure categories (Exhibit B) requires a complete review and amendments. Staff is commending that the City Council receive and file the 2022 Local Agency Biennial Notice for the City of Huntington Beach (Attachment 2), indicating that amendments to its conflict of interest code are required and direct staff within proposed amendments to the City Council within 90 days. Environmental Status: Not applicable. Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1. City Council Resolution No. 2018-58 2. 2022 Local Agency Biennial Notice for City of Huntington Beach’s Conflict of Interest Code City of Huntington Beach Printed on 9/28/2022Page 2 of 2 powered by Legistar™56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:22-816 MEETING DATE:10/4/2022 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Al Zelinka, City Manager VIA:Brittany Mello, Administrative Services Director PREPARED BY:Sandy Henderson, Senior Personnel Analyst Subject: Approve the re-appointment of Katherine Elford to the Personnel Commission as recommended by City Council Liaisons Kim Carr and Natalie Moser Statement of Issue: The Personnel Commission has two vacancies. The City Council is asked to consider the re- appointment of Katherine (Casey) Elford to the Personnel Commission for the remainder of the term of July 1, 2022, through June 30, 2024. Financial Impact: Not applicable Recommended Action: Approve the re-appointment of Katherine Elford to the Personnel Commission for the remainder of the term of July 1, 2022, through June 30, 2024, as recommended by the City Council Liaisons Carr and Moser. Alternative Action(s): Refer the matter back to the Council Liaisons for selection of other candidates to fill the vacancy. Analysis: The Personnel Commission is a five-member advisory body to the City Council, whose primary role is to conduct investigations and hear appeals on employee grievance matters or employee arbitration issues. Per Huntington Beach Municipal Code 2.72.060, the commissioners can serve for terms of 2 years. The terms of Personnel Commissioners Patricia Quintana and Katherine Elford expired on June 30, 2022, creating two (2) vacancies for the following term July 1, 2022, through June 30, 2024. City of Huntington Beach Printed on 9/28/2022Page 1 of 2 powered by Legistar™87 File #:22-816 MEETING DATE:10/4/2022 Katherine Elford is eligible to serve a second consecutive term and has expressed her interest in continuing her service. As such, City Council Liaisons Carr and Moser has recommended her for re- appointment for Council consideration and approval. Katherine (Casey) Elford - Attorney/Labor Relations consultant with experience in conflict management and resolution, specializing in labor and employment. Her educational background includes a BA from UCSD and a Juris Doctor and Masters’ Degrees in Dispute Resolution from Pepperdine University School of Law. She has served on the Personnel Commission from 2009 to 2015, 2017 to 2019, and 2021 to 2022. Her application and the Personnel Commission’s updated member roster are attached. The selection process for the second vacancy is ongoing and will be submitted for Council consideration at a later date. Environmental Status: Not applicable. Strategic Plan Goal: Community Engagement Attachment(s): 1. Updated Personnel Commission Membership Roster 2. Personnel Commission Application - Katherine Elford City of Huntington Beach Printed on 9/28/2022Page 2 of 2 powered by Legistar™88 CITY OF HUNTINGTON BEACH PERSONNEL COMMISSION TERMS DRAFT GEORGE RIVERA CINDY VELLUCCI Term One: 07/01/19 – 06/30/21 (Appointed 08/05/19 Semeta/Peterson) (Vice-Chair 02/17/21-6/30/21) Term One: 07/01/19 – 06/30/21 (Appointed 01/19/21 Carr/Posey) Term Two: 07/01/21 – 06/30/23 (Appointed 06/15/21 Carr/Posey) (Chair 07/21/21- 06/30/23) Term Two: 07/01/21 – 06/30/23 (Appointed 06/15/21 Carr/Posey) (Vice-Chair 07/21/21-06/30/23) DIANNE THOMPSON KATHERINE ELFORD Term One: 07/01/21 – 06/30/23 (Appointed 06/15/21 Carr/Posey) Term One Term Two 07/01/20 – 06/30/22 (Appointed 01/19/21 Carr/Posey) 07/01/2022 – 06/30/2024 (Appointed 10/04/2022 Carr/Moser) VACANT Term One: 07/01/22 – 06/30/24 Revised 10/01/2022 89 90 91 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:22-831 MEETING DATE:10/4/2022 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:Molly Uemura, Community & Library Supervisor Subject: Approve appointments and re-appointments to the Huntington Beach Youth Board with terms to expire May 31, 2023 as recommended by City Council Liaisons Carr and Moser Statement of Issue: At the conclusion of each school year, the one-year term for each of the Huntington Beach Youth Board student members concludes. There are nine total vacancies available on the board. Of the nine, two members have graduated from high school, thereby creating two vacancies and seven current representatives are seeking re-appointment. The City Council is asked to consider the appointments and re-appointments of nine students to the Board for the term through May 31, 2023. Financial Impact: Not applicable. Recommended Action: A) Approve the reappointment of Acacia Bartel, Luke Blankenbaker, Faith Nguyen, Kenady Osborne, Collin Parrott, Sarah Rizvi, and Adam Vo, to another one-year term on the Huntington Beach Youth Board with terms to expire May 31, 2023, as recommended by the City Council Liaisons Carr and Moser; and, B) Approve the appointment of Olivia Pham and Kai Wong to a one-year term on the Huntington Beach Youth Board with terms to expire May 31, 2023, as recommended by the City Council Liaisons Carr and Moser. Alternative Action(s): Do not approve the recommendations and direct staff accordingly. Analysis: Per the Municipal Code 2.108, the Huntington Beach Youth Board is a voluntary advisory board to City of Huntington Beach Printed on 9/28/2022Page 1 of 3 powered by Legistar™92 File #:22-831 MEETING DATE:10/4/2022 the City Council regarding achievements, issues, and needs of the City’s young people and to represent and promote youth participation in community affairs. This Board is comprised of 9 members - one representative from each high school and five School District community at-large members. Each school year, the City seeks to fill the full roster of nine members on the Huntington Beach Youth Board. All board members serve a one-year term, beginning June through May of the following year. This year, two representatives have graduated from high school, thereby creating two vacancies and seven current representatives are seeking reappointment to the 2022-2023 Board term. Recruitments citywide and at each of the high schools resulted in several applications. After interviewing potential candidates, Council Member liaisons Kim Carr and Natalie Moser selected the following two new At-Large Members: 1. Olivia Pham, Huntington Beach High School, and 2. Kai Wong, Huntington Beach High School Council Member liaisons Kim Carr and Natalie Moser are also recommending the re-appointment of the following students to an additional term set to expire on May 31, 2023: 1. Acacia Bartel, Marina High School Representative 2. Luke Blankenbaker, Huntington Beach High School At-Large Member 3. Faith Nguyen, Edison High School At-Large Member 4. Kenady Osborne, Marina High School At-Large Member 5. Collin Parrott, Huntington Beach High School Representative 6. Sarah Rizvi, Ocean View High School Representative, and 7. Adam Vo, Edison High School Representative. All students were instrumental in the fundraising and event coordination for the successful in-person return of Youth in Government Day and have been active participants in several Ad-Hoc committees. This board meets on the second Monday of each month in the fifth floor conference room at City Hall at 3:30 p.m. The Board’s updated 2022-23 member roster and applications for new members are attached. Environmental Status: Not applicable. Strategic Plan Goal: Community Engagement Attachment(s): 1. Huntington Beach Youth Board 2022/2023 Roster 2. Huntington Beach Youth Board Application - Olivia Pham 3. Huntington Beach Youth Board Application - Kai Wong City of Huntington Beach Printed on 9/28/2022Page 2 of 3 powered by Legistar™93 File #:22-831 MEETING DATE:10/4/2022 City of Huntington Beach Printed on 9/28/2022Page 3 of 3 powered by Legistar™94 HUNTINGTON BEACH YOUTH BOARD 2022/2023 ROSTER* Appointments: Pham, Olivia Huntington Beach High School At-Large Member Wong, Kai Huntington Beach High School At-Large Member Reappointments: Bartel, Acacia Marina High School Representative Blankenbaker, Luke Huntington Beach High School At-Large Member Nguyen, Faith Edison High School Representative Osborne, Kenady Marina High School At-Large Member Parrott, Colin Huntington Beach High School Representative Rizvi, Sarah Ocean View High School Representative Vo, Adam Edison High School Representative *Upon approval by City Council at the October 4, 2022 meeting. 95 96 97 98 99 100 101 102 103 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:22-797 MEETING DATE:10/4/2022 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:..title Accept bid and authorize execution of a construction contract with Towo Enterprise Inc., in the amount of $388,300 for the construction of the Street Lighting Modification Project on Palm Avenue (CC-1669) and authorize change orders not to exceed 15 percent Statement of Issue: The Street Lighting Modification Project on Palm Avenue between 17 th Street and Main Street was advertised and eight (8) bids were received and opened on August 16, 2022. City Council action to award the project to the lowest responsive and responsible bidder is requested to move the project forward for construction. Financial Impact: Funds for this project in the amount of $650,000are budgeted within the Fiscal Year 2022-23 Capital Improvement Program (CIP) budget and appropriated in the Energy Efficiency Fund business unit 80787017 for the upgrading and replacement of street lighting in the downtown area. Recommended Action: A) Accept the lowest responsive and responsible bid submitted by Towo Enterprise Inc., in the amount of $388,300; and, B) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney; and, C) Authorize the Director of Public Works to execute change orders not to exceed a total of 15% of the contract construction costs, or $58,245. Alternative Action(s): Reject all bids and provide staff with alternate direction. City of Huntington Beach Printed on 9/28/2022Page 1 of 3 powered by Legistar™104 File #:22-797 MEETING DATE:10/4/2022 Analysis: The existing street lighting systems on several downtown area streets are approximately 80 years old and the street light poles and conduits are in severely rusted or corroded conditions. Additionally, these systems operate at high voltage of 4,000 to 6,000 volts, whereas the current design practice is 120 or 240 volts. The deteriorated conditions of these street lights result in frequent failure of the lights. The high voltage operation increases the risks associated with any work performed in maintenance of the system. The combination of these conditions makes the complete replacement of the system necessary to continue to provide safe and reliable street lighting. The City has conducted several similar projects in the past 10 years, completely replacing the old systems in the downtown area and upgrading these systems to modern standards, including the use of energy efficient and long lasting LED fixtures. The street lighting on Palm Avenue between 17 th Street and Main Street has been identified as the next prioritized street light system upgrade CIP project. The project will replace the poles and luminaires and install new conduit and conductors to be connected to operate at current design standards of 120 or 240 volts. A complete set of plans and specifications are available for review at the Public Works counter during normal business hours. Bids for the project were opened on August 16, 2022 and are listed in ascending order: No.Bidder Apparent Bid Corrected Bid 1 Towo Enterprise Inc.$388,300.00 $388,300.00 2 E.E. Electric Inc.$419,175.04 $419,175.04 3 California Professional Engineering $429,735.00 $429,735.00 4 Hampton Tedder Electric Co.$414,200.00 $432,900.84 5 Asplundh Construction LLC $449,400.00 $449,400.00 6 KDC Inc.$501,878.00 $501,878.00 7 PTM General Engineering Services Inc.$521,021.00 $521,021.00 8 Elecnor Belco Electric Inc.$543,705.00 $543,705.00 City staff recommends awarding a contract to Towo Enterprise Inc. in amount of $388,300. The estimated total project cost is $646,545 and is summarized below: Contractor’s Bid $388,300 15% Construction Contingency $58,245 City Furnished Equipment $150,000 Contract Administration $50,000 Total $646,545 Additionally, staff is requesting that the Director of Public Works be given authorization to approve change orders on this project up to 15 percent of the construction bid rather than the standard 10 percent. The request is near equivalent to the standard 10 percent contingency based on the total of the construction contract amount plus City purchased materials. This authorization will provide the added flexibility needed to complete a typical construction project and be consistent with the 10 City of Huntington Beach Printed on 9/28/2022Page 2 of 3 powered by Legistar™105 File #:22-797 MEETING DATE:10/4/2022 percent contingency limit intent. Citizen’s Infrastructure Advisory Board/Public Works Commission Action: The CIAB/Public Works Commission recommended the Palm Avenue Street Light Modification Project at the July 20, 2022 public meeting of the Commission by a vote of 8-0-3 (Ferlita, Schlosser, Taylor absent). Environmental Status: The project is categorically exempt pursuant to the California Environmental Quality Act, Section 15302 (c). Strategic Plan Goal: Infrastructure & Parks Attachment(s): 1. Vicinity Map City of Huntington Beach Printed on 9/28/2022Page 3 of 3 powered by Legistar™106 107 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:22-800 MEETING DATE:10/4/2022 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: Accept bid and authorize execution of a construction contract with PTM General Engineering Services Inc., in the amount of $493,589 for the construction of the Utica Avenue Bicycle Boulevard Project (CC-1499) and authorize change orders not to exceed 15 percent and the use of project funding in the amount of $84,438 from the Citywide Mobility and Corridor Improvements Project Statement of Issue: The Utica Avenue Bicycle Boulevard Project was advertised and six (6) bids were received and opened on August 30, 2022. City Council action to award the project to the lowest responsive and responsible bidder is requested to move the project forward for construction. Financial Impact: The cost estimate for the project construction is $893,668. Funds in the amount of $809,230 are available both in the Fiscal Year 2021/22 Capital Improvement Program (CIP) carry forward in Proposition 42 business unit 21990010 ($124,970) and OCTA Grant business unit 87390019 ($684,260). Staff is requesting that City Council authorize funding the remaining project amount of $84,438 from the Citywide Mobility and Corridor Improvements Project in Infrastructure Fund business unit 31440005. Recommended Action: A) Accept the lowest responsive and responsible bid submitted by PTM General Engineering Services Inc., in the amount of $493,589; and, B) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney; and, C) Authorize the Director of Public Works to execute change orders not to exceed a total of 15 % of the contract construction costs, or $74,038; and, City of Huntington Beach Printed on 9/28/2022Page 1 of 3 powered by Legistar™108 File #:22-800 MEETING DATE:10/4/2022 D) Authorize the use of City Mobility and Corridor Improvements Project funding in the amount of $84,438 towards this project. Alternative Action(s): Reject all bids and provide staff with alternate direction. Analysis: City staff submitted a grant application for the Utica Avenue Bicycle Boulevard Project under the Bicycle Corridor Improvement Program (BCIP) Call for Projects administered by the Orange County Transportation Authority (OCTA). The grant application was approved and subsequently construction funds were allocated to the project. The BCIP is a federal Congestion Mitigation and Air Quality (CMAQ) funded program authorized under Moving Ahead for Progress in the 21st Century, the federal surface transportation program. The CMAQ program provides funding through annual appropriations to Orange County to be used for transportation-related projects that reduce congestion and improve air quality. The OCTA is responsible for selecting and collaborating with the California Department of Transportation in administering the selected projects. The City’s Utica Avenue Bicycle Boulevard Project was an identified project eligible to receive grant funding for bicycle boulevard improvements under the BCIP. The Utica Avenue Bicycle Boulevard Project is located on Utica Avenue between Beach Boulevard and Main Street (Attachment 1). The project is identified in the City Bicycle Master Plan as a recommended bicycle boulevard facility. The project improvements incorporate street features to achieve these following goals: 1. Reduce motor vehicle traffic speeds more consistent with sharing the roadway with bicyclists, 2. Create an environment where motorists more readily recognize bicycle users and accept them as roadway users, and 3. Better accommodate pedestrians. The project improvements consist of installation of bicycle boulevard signing and markings, construction of a bicycle-only-through passageway between adjoining cul-de-sacs on Utica Avenue between Lake Street and Alabama Street, and installation of a new traffic signal at the intersection of Lake Street and Utica Avenue. A complete set of plans and specifications are available for review at the Public Works counter during normal business hours. Bids for the project were opened on August 30, 2022 and are listed in ascending order: No.Bidder Submitted Bid 1 PTM General Engineering Services Inc.$493,589.00 2 Elecnor Belco Electric Inc.$550,579.00 3 California Professional Engineering Inc.$563,136.75 4 Select Electric Inc.$569,850.00 5 DBX Inc.$575,033.00 6 Beador Construction Company Inc.$657,700.00 City of Huntington Beach Printed on 9/28/2022Page 2 of 3 powered by Legistar™109 File #:22-800 MEETING DATE:10/4/2022 No.Bidder Submitted Bid1PTM General Engineering Services Inc.$493,589.002Elecnor Belco Electric Inc.$550,579.00 3 California Professional Engineering Inc.$563,136.75 4 Select Electric Inc.$569,850.00 5 DBX Inc.$575,033.00 6 Beador Construction Company Inc.$657,700.00 None of the submitted bids required corrections. City staff recommends awarding a contract to PTM General Engineering Services, Inc., the lowest responsive and responsible bidder. The estimated project cost is $893,668 and is summarized below: Contractor’s Bid $493,589 15% Construction Contingency $74,038 City Furnished Equipment $248,500 Contract Administration $77,541 Total $893,668 Additionally, staff is requesting that the Director of Public Works be given authorization to approve change orders on this project up to 15 percent of the construction bid rather than the standard 10 percent. The request is approximately equivalent to the standard 10 percent contingency based on the total of the construction contract amount plus City purchased materials. This authorization will provide the added flexibility needed to complete a typical construction project and be consistent with the 10 percent contingency limit intent. The total project cost will be primarily covered by existing appropriations including OCTA grant. However, staff is requesting that City Council authorize funding the remaining project amount of $84,438 from the Citywide Mobility and Corridor Improvements Project in Infrastructure Fund business unit 31440005 towards this project to move forward with construction. Citizen’s Infrastructure Advisory Board/Public Works Commission Action: The Public Works Commission recommended the Utica Avenue Bicycle Boulevard Project at the June 16, 2021 public meeting of the Commission by a vote of 5-0-2 (Ferlita, Nguyen absent). Environmental Status: The project is categorically exempt pursuant to the California Environmental Quality Act, Section 15301 (c). Strategic Plan Goal: Infrastructure & Parks Attachment(s): 1. Vicinity Map City of Huntington Beach Printed on 9/28/2022Page 3 of 3 powered by Legistar™110 111 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:22-728 MEETING DATE:10/4/2022 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Al Zelinka, City Manager VIA:Eric Parra, Chief of Police PREPARED BY:Ingrid Ono Subject: Approve, accept and authorize execution of Grant Agreements for Office of Traffic Safety (OTS) Selective Traffic Enforcement Program (STEP) Grant; and approve appropriation and expenditure of funds by the Chief of Police Statement of Issue: On June 22, 2022, the Huntington Beach Police Department received notice from the California Office of Traffic Safety (OTS) that the City of Huntington Beach has tentatively been awarded three new one-year traffic safety grants. The first, a Selective Traffic Enforcement Program (STEP) grant (Grant Number PT23110, Attachment 1) provides funding in the amount of $790,000 to reimburse the City’s costs associated with Sobriety/Driver License checkpoints, two full-time DUI enforcement officer positions, focused and specific traffic enforcement operations. The STEP funds will also be used to raise awareness of the dangers of DUI through the Department’s “Know your Limit” campaign which is an educational tool directly targeting would-be drivers inside drinking establishments. Collectively, these targeted enforcement and education efforts are designed to reduce DUI related traffic collisions, injuries and fatalities. The second OTS grant, Pedestrian and Bicycle Safety Program (Grant Number PS23014, Attachment 2) is in the amount of $44,035 to reimburse costs associated with pedestrian and bicycle safety and education. Since there are far too many injury traffic collisions occurring in the City which involve pedestrians and bicyclists, these funds will allow for targeted education and media campaigns to raise awareness of the importance of remaining alert and attentive. The final OTS grant, Child Passenger Safety Program, (Grant Number OP23010, Attachment 3) is in the amount of $52,353 to reimburse the City’s costs associated with child safety seat checkups, seat installation and distribution, education, community events, and training. These funds will proactively be used to positively impact city residents by ensuring they are educated on child seat safety and injury prevention related to incorrect installation and/or inadequate safety seat protection. City of Huntington Beach Printed on 9/28/2022Page 1 of 3 powered by Legistar™112 File #:22-728 MEETING DATE:10/4/2022 Financial Impact: Three one-year reimbursable grants funded by the California Office of Traffic Safety in the amounts of $790,000; $44,035, and $52,353 are to be expended between October 1, 2022, and September 30, 2023. The appropriation request is fully offset by this revenue source. Recommended Action: A) Approve and accept the Selective Traffic Enforcement Program (STEP), Pedestrian and Bicycle Safety, and Child Passenger Safety grant agreements between OTS and the City of Huntington Beach for $790,00, $44,035, and $52,353; and, B) Authorize the Chief of Police to execute the grant agreement with OTS; and, C) Approve appropriations and estimated revenue source in the amount of $790,000, $44,035, and $52,353; and, D) Authorize the Chief of Police to establish separate business units for these grant funding and expend up to a total of $790,000, $44,035, and $52,353 on each grant agreement accordingly . Alternative Action(s): Do not approve and direct staff accordingly. Analysis: With the safety of its residents and visitors being ones of the highest priorities, the City of Huntington Beach recognizes the devastating impacts of impaired driving. The City also understands the effectiveness of enforcement both in terms of prevention and as a deterrent. These funds will supplement the department’s current efforts in reducing injury traffic collisions wherein DUI is a factor and will greatly enhance its ability to raise awareness across all modes of travel including vehicular, bicycle, and pedestrian traffic on City highways, streets and bike paths. The City is also currently undergoing several redevelopment roadway construction projects, which will add to both seasonal and ongoing vehicle traffic and pedestrian/bicycle related issues. In 2021, the Huntington Beach Police Department (HBPD) investigated over 764 injury traffic collisions, 171 of which were DUI related resulting in 58 injuries. During the same time-period, the HBPD made 678 DUI arrests. This grant will allow us to use progressive and innovative enforcement techniques to increase DUI enforcement efforts, and continue to provide coverage with two full-time officers dedicated to DUI enforcement. In 2021, there were 188 collisions involving a pedestrian and/or bicycle. Of those collisions, 164 involved injuries and 8 resulted in death. This includes a total of 24 injury collisions involving children passengers. Amongst those collisions, 41 children between the ages of 0-4 years old were injured. The HBPD is seeking to use these grants to increase traffic enforcement, expand public education, City of Huntington Beach Printed on 9/28/2022Page 2 of 3 powered by Legistar™113 File #:22-728 MEETING DATE:10/4/2022 and present routine child safety seat checkups to address and prevent traffic collisions resulting in injury and death. Environmental Status: Not applicable Strategic Plan Goal: Financial Sustainability, Public Safety or Other Attachment(s): 1. Agreement for OTS STEP Grant (Number PT23110) 2. Agreement for Pedestrian/Bicycle Safety Program Grant (Number PT23014) 3. Agreement for Child Passenger Safety Grant (Number OP23010) City of Huntington Beach Printed on 9/28/2022Page 3 of 3 powered by Legistar™114 8/4/2022 10:46:45 AM Page 1 of 17 State of California – Office of Traffic Safety GRANT AGREEMENT GRANT NUMBER PT23110 1. GRANT TITLE Selective Traffic Enforcement Program (STEP) 2. NAME OF AGENCY 3. Grant Period Huntington Beach From: To: 10/01/2022 09/30/2023 4. AGENCY UNIT TO ADMINISTER GRANT Huntington Beach Police Department 5. GRANT DESCRIPTION Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving alcohol and other primary crash factors. The funded strategies may include impaired driving enforcement, enforcement operations focusing on primary crash factors, distracted driving, night-time seat belt enforcement, special enforcement operations encouraging motorcycle safety, enforcement and public awareness in areas with a high number of bicycle and pedestrian crashes, and educational programs. These strategies are designed to earn media attention thus enhancing the overall deterrent effect. 6. Federal Funds Allocated Under This Agreement Shall Not Exceed: $790,000.00 7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement:  Schedule A – Problem Statement, Goals and Objectives and Method of Procedure  Schedule B – Detailed Budget Estimate and Sub-Budget Estimate (if applicable)  Schedule B-1 – Budget Narrative and Sub-Budget Narrative (if applicable)  Exhibit A – Certifications and Assurances  Exhibit B* – OTS Grant Program Manual  Exhibit C – Grant Electronic Management System (GEMS) Access *Items shown with an asterisk (*), are hereby incorporated by reference and made a part of this agreement as if attached hereto. These documents can be viewed at the OTS home web page under Grants: www.ots.ca.gov. We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions. IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. 8. Approval Signatures A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL NAME: TITLE: EMAIL: PHONE: ADDRESS: Thoby Archer Lieutenant tarcher@hbpd.org (714) 374-1610 2000 Main Street Huntington Beach, CA 92648 NAME: TITLE: EMAIL: PHONE: ADDRESS: Eric Parra Police Chief eparra@hbpd.org (714) 536-5904 2000 Main Street Huntington Beach, CA 92648 (Signature) (Date) (Signature) (Date) C. FISCAL OFFICIAL D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY NAME: TITLE: EMAIL: PHONE: ADDRESS: Kathy Baldwin Accounting Technician II kbaldwin@hbpd.org (714) 536-5935 2000 Main Street Huntington Beach, CA 92648 NAME: TITLE: EMAIL: PHONE: ADDRESS: Barbara Rooney Director barbara.rooney@ots.ca.gov (916) 509-3030 2208 Kausen Drive, Suite 300 Elk Grove, CA 95758 (Signature) (Date) (Signature) (Date) 115 8/4/2022 10:46:45 AM Page 2 of 17 10. PROJECTED EXPENDITURES FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED EXPENDITURES AGREEMENT TOTAL $790,000.00 AMOUNT ENCUMBERED BY THIS DOCUMENT I CERTIFY upon my own personal knowledge that the budgeted funds for the current budget year are available for the period and purpose of the expenditure stated above. $790,000.00 PRIOR AMOUNT ENCUMBERED FOR THIS AGREEMENT $ 0.00 OTS ACCOUNTING OFFICER’S SIGNATURE DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE $790,000.00 E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. SAM INFORMATION NAME: Carolyn Vu SAM #: REGISTERED ADDRESS: CITY: ZIP+4: LKKFRC4PW7L4 2000 Main Street Huntington Beach 92648-2763 ADDRESS: 2208 Kausen Drive, Suite 300 Elk Grove, CA 95758 116 8/4/2022 10:46:45 AM Page 3 of 17 State of California – Office of Traffic Safety GRANT AGREEMENT Schedule A GRANT NUMBER PT23110 1. PROBLEM STATEMENT Huntington Beach is a unique city, given its population of over 200,000 people, its continued growth, miles of beachfront, large and expanding entertainment, populated hotel district, high traffic volume, and an estimated 16 million annual beach visitors. One thing that sets Huntington Beach apart, and provides continuing challenges to the police department, is the number of high-profile events that are regularly scheduled during the year. This includes the Surf City Marathon, AVP Volleyball competition, 4th of July Parade and Fireworks show (rated by the Department of Homeland Security as a SEAR LEVEL 2 Event), weekly Tuesday night downtown street fair, and the 9-day U.S. Open of Surfing. These events regularly draw large crowds, with the US Open of surfing drawing an estimated 500,000 visitors annually. People travel from all over California and the surrounding states to attend these events, which places a significant burden on the Huntington Beach Police Department for emergency services. In light of the Covid-19 pandemic, the city has maintained large crowds who visit the miles of beach along our coastline throughout the year. As a result, our large beachfront hotels routinely fill to capacity. With these crowds come huge challenges, such as increased alcohol consumption, traffic congestion, and impaired driving. Over the past few years, the Huntington Beach Police Department has seen other problems emerge, such as increased homelessness. This has created a need to reallocate resources to non-traffic-related enforcement. As such, there has been a decrease in personnel assigned to the traffic bureau, which is far fewer than it was a decade ago. Because of these challenges, departments often look to outside resources, such as the Office of Traffic Safety, as an additional resource to assist with traffic enforcement and education with the expressed goal of eliminating traffic deaths and injuries, reducing economic loss, and increasing public safety. The Office of Traffic Safety currently funds two full-time DUI officers at our department, both of whom remain proactive and are enthusiastic about DUI enforcement. Both of these officers are SFST and ARIDE certified, and have recently completed Drug Recognition Expert school within the past year. Since increasing our staffing for these specialty positions, the officers have played a major role in educating fellow patrol officers and being the go-to officers to evaluate suspected DUI drivers through SFST's at DUI Checkpoints and during their assigned patrol shifts. While our total traffic-related fatalities have dropped slightly since 2020, the number of injury crashes is on the rise. Driving under the influence remains one of the top primary crash factors, thus showing the continual issues related to impaired driving in Huntington Beach. We have taken several unique approaches to try and better deploy our resources as it relates to DUI enforcement. For example, we track various data related to our DUI arrests, including the establishment where an impaired driver was drinking, along with the location of the DUI arrest. This not only allows us to better understand what areas are best for targeted DUI enforcement, but our department also mails letters to bar owners whose patrons are arrested for DUI to make them better aware of the problem. Because we believe education is also very important in reducing instances of impaired drivers, we have embraced and helped establish the “Know Your Limit” campaign. Our department has been at the forefront of this program, and we have trained numerous other departments throughout Southern California. In addition, we continue to use social media to reach a large number of residents and visitors to Huntington Beach. Because Huntington Beach is a destination town that receives numerous visitors from outside the city, we have maintained one of the largest social media followings on Facebook (About 73,000 followers) and Instagram (Over 32,000 followers). In comparison, several local agencies that are much larger than us, 117 8/4/2022 10:46:45 AM Page 4 of 17 both inside and outside of Orange County, have a much smaller social media following. This puts us in a unique position to reach as many people as possible on these social media platforms, while spreading education and advice on traffic safety. A comprehensive analysis of our crash data reveals multiple factors that contribute to crashes, traffic injuries and traffic fatalities in Huntington Beach. These factors go beyond impaired driving and include distracted driving, safety violations, and other primary crash factors. Simply issuing citations for these violations does not address the entire problem. We believe that enforcement plus education, visibility, and public relation activities bolster our ability to fight these threats. We are seeking funding in these categories as well as the “Know Your Limit” campaign to continue bringing awareness and enforcement to the public. Many of our neighboring cities have smaller police departments with limited traffic enforcement resources. With grant funding, we have sought out these agencies through collaborative efforts to help bridge the gap when staffing is minimal, and/or personnel are scheduled for other special events in our city. We are confident these partnerships help us gain ground our mutual determination of safer streets in our shared jurisdictions. 2. PERFORMANCE MEASURES A. Goals: 1. Reduce the number of persons killed in traffic crashes. 2. Reduce the number of persons injured in traffic crashes. 3. Reduce the number of pedestrians killed in traffic crashes. 4. Reduce the number of pedestrians injured in traffic crashes. 5. Reduce the number of bicyclists killed in traffic crashes. 6. Reduce the number of bicyclists injured in traffic crashes. 7. Reduce the number of persons killed in alcohol-involved crashes. 8. Reduce the number of persons injured in alcohol-involved crashes. 9. Reduce the number of persons killed in drug-involved crashes. 10. Reduce the number of persons injured in drug-involved crashes. 11. Reduce the number of persons killed in alcohol/drug combo-involved crashes. 12. Reduce the number of persons injured in alcohol/drug combo-involved crashes. 13. Reduce the number of motorcyclists killed in traffic crashes. 14. Reduce the number of motorcyclists injured in traffic crashes. 15. Reduce hit & run fatal crashes. 16. Reduce hit & run injury crashes. 17. Reduce nighttime (2100 - 0259 hours) fatal crashes. 18. Reduce nighttime (2100 - 0259 hours) injury crashes. B. Objectives: Target Number 1. Issue a press release announcing the kick-off of the grant by November 15. The kick-off press releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at pio@ots.ca.gov, and copied to your OTS Coordinator, for approval 14 days prior to the issuance date of the release. 1 2. Participate and report data (as required) in the following campaigns; Quarter 1: National Walk to School Day, National Teen Driver Safety Week, NHTSA Winter Mobilization; Quarter 3: National Distracted Driving Awareness Month, National Motorcycle Safety Month, National Bicycle Safety Month, National Click it or Ticket Mobilization; Quarter 4: NHTSA Summer Mobilization, National Child Passenger Safety Week, and California's Pedestrian Safety Month. 10 3. Develop (by December 31) and/or maintain a “DUI BOLO” program to notify patrol and traffic officers to be on the lookout for identified repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. Updated DUI BOLOs should be distributed to patrol and traffic officers monthly. 12 4. Send law enforcement personnel to the NHTSA Standardized Field Sobriety Testing (SFST) (minimum 16 hours) POST-certified training. 8 5. Send law enforcement personnel to the NHTSA Advanced Roadside Impaired Driving Enforcement (ARIDE) 16 hour POST-certified training. 4 6. Send law enforcement personnel to the Drug Recognition Expert (DRE) training. 2 118 8/4/2022 10:46:45 AM Page 5 of 17 7. Conduct DUI/DL Checkpoints. A minimum of 1 checkpoint should be conducted during the NHTSA Winter Mobilization and 1 during the Summer Mobilization. To enhance the overall deterrent effect and promote high visibility, it is recommended the grantee issue an advance press release and conduct social media activity for each checkpoint. For combination DUI/DL checkpoints, departments should issue press releases that mention DL's will be checked at the DUI/DL checkpoint. Signs for DUI/DL checkpoints should read "DUI/Driver's License Checkpoint Ahead." OTS does not fund or support independent DL checkpoints. Only on an exception basis and with OTS pre-approval will OTS fund checkpoints that begin prior to 1800 hours. When possible, DUI/DL Checkpoint screeners should be DRE- or ARIDE-trained. 8 8. Conduct DUI Saturation Patrol operation(s). 21 9. Conduct Traffic Enforcement operation(s), including but not limited to, primary crash factor violations. 50 10. Conduct highly publicized Distracted Driving enforcement operation(s) targeting drivers using hand held cell phones and texting. 20 11. Conduct highly publicized Motorcycle Safety enforcement operation(s) in areas or during events with a high number of motorcycle incidents or crashes resulting from unsafe speed, DUI, following too closely, unsafe lane changes, improper turning, and other primary crash factor violations by motorcyclists and other drivers. 4 12. Conduct highly publicized pedestrian and/or bicycle enforcement operation(s) in areas or during events with a high number of pedestrian and/or bicycle crashes resulting from violations made by pedestrians, bicyclists, and drivers. 12 13. Conduct Traffic Safety educational presentation(s) with an effort to reach community members. Note: Presentation(s) may include topics such as distracted driving, DUI, speed, bicycle and pedestrian safety, seat belts and child passenger safety. 4 14. Conduct Know Your Limit campaigns with an effort to reach members of the community. 5 15. Participate in highly visible collaborative DUI Enforcement operations. 4 16. Participate in highly visible collaborative Traffic Enforcement operations. 5 17. Send law enforcement personnel to DUI Checkpoint Planning and Management training. 1 18. Identify straight time personnel and report on activities completed. Include any vacancies or staff changes that have occurred 3. METHOD OF PROCEDURE A. Phase 1 – Program Preparation (1st Quarter of Grant Year)  The department will develop operational plans to implement the “best practice” strategies outlined in the objectives section.  All training needed to implement the program should be conducted this quarter.  All grant related purchases needed to implement the program should be made this quarter.  In order to develop/maintain the “DUI BOLOs,” research will be conducted to identify the “worst of the worst” repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. The Hot Sheets may include the driver’s name, last known address, DOB, description, current license status, and the number of times suspended or revoked for DUI. DUI BOLOs should be updated and distributed to traffic and patrol officers at least monthly.  Implementation of the STEP grant activities will be accomplished by deploying personnel at high crash locations.  Media RequirementsIssue a press release approved by the OTS PIO announcing the kick-off of the grant by November 15, but no sooner than October 1. The kick-off release must be approved by the OTS PIO and only distributed after the grant is fully signed and executed. If you are unable to meet the November 15 deadline to issue a kick-off press release, communicate reasons to your OTS coordinator and OTS PIO. B. Phase 2 – Program Operations (Throughout Grant Year) 119 8/4/2022 10:46:45 AM Page 6 of 17  The department will work to create media opportunities throughout the grant period to call attention to the innovative program strategies and outcomes. Media Requirements The following requirements are for all grant-related activities:  Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSA/video scripts, storyboards, digital and/or print educational materials for grant-related activities to the OTS PIO at pio@ots.ca.gov for approval and copy your OTS coordinator. Optimum lead time would be 7 days before the scheduled release but at least 3 business days prior to the scheduled release date for review and approval is appreciated.  The OTS PIO is responsible for the approval of the design and content of materials. The agency understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any cost approvals must come from the Coordinator.  Pre-approval is not required when using any OTS-supplied template for media advisories, press releases, social media graphics, videos or posts, or any other OTS-supplied educational material. However, copy the OTS PIO at pio@ots.ca.gov and your OTS coordinator when any material is distributed to the media and public, such as a press release, educational material, or link to social media post. The OTS-supplied kick-off press release templates and any kickoff press releases are an exception to this policy and require prior approval before distribution to the media and public.  If an OTS-supplied template, educational material, social media graphic, post or video is substantially changed, the changes shall be sent to the OTS PIO at pio@ots.ca.gov for approval and copy to your OTS Coordinator. Optimum lead time would be 7 days prior to the scheduled release date, but at least 3 business days prior to the scheduled release date for review and approval is appreciated.  Press releases, social media posts and alerts on platforms such as NextDoor and Nixle reporting immediate and time-sensitive grant activities (e.g. enforcement operations, day of event highlights or announcements, event invites) are exempt from the OTS PIO approval process. The OTS PIO and your Coordinator should still be notified when the grant-related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.).  Enforcement activities such as warrant and probation sweeps, court stings, etc. that are embargoed or could impact operations by publicizing in advance are exempt from the PIO approval process. However, announcements and results of activities should still be copied to the OTS PIO at pio@ots.ca.gov and your Coordinator with embargoed date and time or with “INTERNAL ONLY: DO NOT RELEASE” message in subject line of email.  Any earned or paid media campaigns for TV, radio, digital or social media that are part of a specific grant objective, using OTS grant funds, or designed and developed using contractual services by a subgrantee, requires prior approval. Please send to the OTS PIO at pio@ots.ca.gov for approval and copy your grant coordinator at least 3 business days prior to the scheduled release date.  Social media posts highlighting state or national traffic safety campaigns (Distracted Driving Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints, etc.), or any other grant-related activity such as Bicycle rodeos, presentations, or events, are highly encouraged but do not require prior approval.  Submit a draft or rough-cut of all digital, printed, recorded or video material (brochures, posters, scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid media campaign grant objective) to the OTS PIO at pio@ots.ca.gov and copy your OTS Coordinator for approval prior to the production or duplication.  Use the following standard language in all press, media, and printed materials, space permitting: Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration.  Space permitting, include the OTS logo on all grant-funded print materials, graphics and paid or earned social media campaign grant objective; consult your OTS Coordinator for specifics, format-appropriate logos, or if space does not permit the use of the OTS logo.  Email the OTS PIO at pio@ots.ca.gov and copy your OTS Coordinator at least 21 days in advance, or when first confirmed, a short description of any significant grant-related traffic safety 120 8/4/2022 10:46:45 AM Page 7 of 17 event or program, particularly events that are highly publicized beforehand with anticipated media coverage so OTS has sufficient notice to arrange for attendance and/or participation in the event. If unable to attend, email the OTS PIO and coordinator brief highlights and/or results, including any media coverage (broadcast, digital, print) of event within 7 days following significant grant- related event or program. Media and program highlights are to be reflected in QPRs.  Any press releases, work plans, scripts, storyboards, artwork, graphics, videos or any educational or informational materials that received PIO approval in a prior grant year needs to be resubmitted for approval in the current grant year.  Contact the OTS PIO or your OTS Coordinator for consultation when changes from any of the above requirements might be warranted. C. Phase 3 – Data Collection & Reporting (Throughout Grant Year) 1. Prepare and submit invoice claims (due January 30, April 30, July 30, and October 30) 2. Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30, and October 30)  Collect and report quarterly, appropriate data that supports the progress of goals and objectives.  Provide a brief list of activity conducted, procurement of grant-funded items, and significant media activities. Include status of grant-funded personnel, status of contracts, challenges, or special accomplishments.  Provide a brief summary of quarterly accomplishments and explanations for objectives not completed or plans for upcoming activities.  Collect, analyze and report statistical data relating to the grant goals and objectives. 4. METHOD OF EVALUATION Using the data compiled during the grant, the Grant Director will complete the “Final Evaluation” section in the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary of the grant’s accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed. 5. ADMINISTRATIVE SUPPORT This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion. 121 8/4/2022 10:46:45 AM Page 8 of 17 State of California – Office of Traffic Safety GRANT AGREEMENT Schedule B GRANT NUMBER PT23110 FUND NUMBER CATALOG NUMBER (CFDA) FUND DESCRIPTION TOTAL AMOUNT 164AL-23 20.608 Minimum Penalties for Repeat Offenders for Driving While Intoxicated $635,000.00 402PT-23 20.600 State and Community Highway Safety $155,000.00 COST CATEGORY FUND NUMBER UNIT COST OR RATE UNITS TOTAL COST TO GRANT A. PERSONNEL COSTS Straight Time DUI Officer 1 164AL-23 $131,040.00 1 $131,040.00 Benefits - DUI Officer 1 164AL-23 $131,040.00 1 $117,936.00 DUI Officer 2 164AL-23 $131,040.00 1 $131,040.00 Benefits - DUI Officer 2 164AL-23 $131,040.00 1 $117,936.00 Overtime DUI/DL Checkpoints 164AL-23 $7,500.00 8 $60,000.00 DUI Saturation Patrols 164AL-23 $2,640.00 21 $55,440.00 Collaborative DUI Enforcement 164AL-23 $1,200.00 4 $4,800.00 Know Your Limit 164AL-23 $2,500.00 5 $12,500.00 Benefits for 164AL - OT @ 1.45% 164AL-23 $132,740.00 1 $1,925.00 Traffic Enforcement 402PT-23 $1,760.00 50 $88,000.00 Distracted Driving 402PT-23 $1,760.00 20 $35,200.00 Motorcycle Safety 402PT-23 $1,200.00 4 $4,800.00 Pedestrian and Bicycle Enforcement 402PT-23 $1,200.00 12 $14,400.00 Collaborative Traffic Enforcement 402PT-23 $1,200.00 5 $6,000.00 Benefits for 402PT - OT @ 1.45% 402PT-23 $148,400.00 1 $2,152.00 Category Sub-Total $783,169.00 B. TRAVEL EXPENSES In State Travel 402PT-23 $4,448.00 1 $4,448.00 $0.00 Category Sub-Total $4,448.00 C. CONTRACTUAL SERVICES $0.00 Category Sub-Total $0.00 D. EQUIPMENT $0.00 Category Sub-Total $0.00 E. OTHER DIRECT COSTS DUI Checkpoint Supplies 164AL-23 $2,383.00 1 $2,383.00 Category Sub-Total $2,383.00 F. INDIRECT COSTS $0.00 Category Sub-Total $0.00 122 8/4/2022 10:46:45 AM Page 9 of 17 GRANT TOTAL $790,000.00 123 8/4/2022 10:46:45 AM Page 10 of 17 State of California – Office of Traffic Safety GRANT AGREEMENT Schedule B-1 GRANT NUMBER PT23110 BUDGET NARRATIVE PERSONNEL COSTS DUI Officer 1 - Hours for officer dedicated strictly to DUI Enforcement. Benefits - DUI Officer 1 - TOTAL BENEFIT RATE: 90.0% Retirement - 51% Supplemental Retirement - 4% Workers Compensation - 9% Health - 19% Other Medical - 4% Other Benefits - 3% DUI Officer 2 - Hours for officer dedicated strictly to DUI Enforcement. Benefits - DUI Officer 2 - TOTAL BENEFIT RATE: 90.0% Retirement - 51% Supplemental Retirement - 4% Workers Compensation - 9% Health - 19% Other Medical - 4% Other Benefits - 3% DUI/DL Checkpoints - Overtime for grant funded law enforcement operations conducted by appropriate department personnel. DUI Saturation Patrols - Overtime for grant funded law enforcement operations conducted by appropriate department personnel. Collaborative DUI Enforcement - Overtime for grant funded Collaborative DUI Enforcement operations conducted by appropriate department personnel Know Your Limit - Overtime for grant funded traffic safety presentations or campaigns conducted by appropriate department personnel. Benefits for 164AL - OT @ 1.45% - Benefits breakdown: Medicare - 1.45% Traffic Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel. Distracted Driving - Overtime for grant funded law enforcement operations conducted by appropriate department personnel. Motorcycle Safety - Overtime for grant funded law enforcement operations conducted by appropriate department personnel. Pedestrian and Bicycle Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel. Collaborative Traffic Enforcement - Overtime for grant funded Collaborative Traffic Enforcement operations conducted by appropriate department personnel Benefits for 402PT - OT @ 1.45% - Benefits breakdown: Medicare - 1.45% TRAVEL EXPENSES In State Travel - Costs are included for appropriate staff to attend conferences and training events supporting the grant goals and objectives and/or traffic safety. Local mileage for grant activities and meetings is included. All conferences, seminars or training not specifically identified in the Budget Narrative must be approved by OTS. All travel claimed must be at the agency approved rate. Per Diem may not be claimed for meals provided at conferences when registration fees are paid with OTS grant funds. CONTRACTUAL SERVICES - EQUIPMENT 124 8/4/2022 10:46:45 AM Page 11 of 17 - OTHER DIRECT COSTS DUI Checkpoint Supplies - On-scene supplies needed to conduct sobriety checkpoints. Costs may include 28" traffic cones, MUTCD compliant traffic signs, MUTCD compliant high visibility vests (maximum of 10), traffic counters (maximum of 2), generator, gas for generators, lighting, r eflective banners, electronic flares, PAS Device/Calibration Supplies, heater, propane for heaters, fan, anti-fatigue mats, and canopies. Additional items may be purchased if approved by OTS. The cost of food and beverages will not be reimbursed. Each item must have a unit cost of less than $5,000 (including tax and shipping). INDIRECT COSTS - STATEMENTS/DISCLAIMERS There will be no program income generated from this grant. Salaries may include wages, salaries, special compensations, or authorized absences such as annual leave and sick leave provided the cost for the individual employee is (a) reasonable for the services rendered, and (b) follows an appointment made in accordance with state or local laws and rules and meets federal requirements. Any non-grant funded vacancies created by reassignment to a grant-funded position must be filled at the expense of the grantee agency. Nothing in this “agreement” shall be interpreted as a requirement, formal or informal, that a particular law enforcement officer issue a specified or predetermined number of citations in pursuance of the goals and objectives here under. Benefits for personnel costs can only be applied to straight time or overtime hours charged to the grant. 125 8/4/2022 10:46:45 AM Page 12 of 17 State of California – Office of Traffic Safety GRANT AGREEMENT Exhibit A GRANT NUMBER PT23110 CERTIFICATIONS AND ASSURANCES FOR HIGHWAY SAFETY GRANTS (23 U.S.C. Chapter 4; Sec. 1906, Pub. L. 109-59, As Amended By Sec. 4011, Pub. L. 114-94) The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies, and laws in effect with respect to the periods for which it receives grant funding. Applicable provisions include, but are not limited to, the following: GENERAL REQUIREMENTS  23 U.S.C. Chapter 4 – Highway Safety Act of 1966, as amended  Sec. 1906, Pub. L. 109-59, as amended by Sec. 4011, Pub. L. 114-94  23 CFR part 1300 – Uniform Procedures for State Highway Safety Grant Programs  2 CFR part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards  2 CFR part 1201 – Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards NONDISCRIMINATION (applies to all subrecipients as well as States) The State highway safety agency will comply with all Federal statutes and implementing regulations relating to nondiscrimination (“Federal Nondiscrimination Authorities”). These include but are not limited to:  Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin) and 49 CFR part 21;  The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);  Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex);  Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27;  The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age);  The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federally-funded or not);  Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38;  Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations (prevents discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations); and  Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (guards against Title VI national origin discrimination/discrimination because of limited English proficiency (LEP) by ensuring that funding recipients take reasonable steps to ensure that LEP persons have meaningful access to programs (70 FR 74087-74100). The Subgrantee- 126 8/4/2022 10:46:45 AM Page 13 of 17  Will take all measures necessary to ensure that no person in the United States shall, on the grounds of race, color, national origin, disability, sex, age, limited English proficiency, or membership in any other class protected by Federal Nondiscrimination Authorities, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any of its programs or activities, so long as any portion of the program is Federally-assisted;  Will administer the program in a manner that reasonably ensures that any of its subrecipients, contractors, subcontractors, and consultants receiving Federal financial assistance under this program will comply with all requirements of the Non- Discrimination Authorities identified in this Assurance;  Agrees to comply (and require its subrecipients, contractors, subcontractors, and consultants to comply) with all applicable provisions of law or regulation governing US DOT’s or NHTSA’s access to records, accounts, documents, information, facilities, and staff, and to cooperate and comply with any program or compliance reviews, and/or complaint investigations conducted by US DOT or NHTSA under any Federal Nondiscrimination Authority;  Acknowledges that the United States has a right to seek judicial enforcement with regard to any matter arising under these Non-Discrimination Authorities and this Assurance;  Agrees to insert in all contracts and funding agreements with other State or private entities the following clause: o “During the performance of this contract/funding agreement, the contractor/funding recipient agrees— a. To comply with all Federal nondiscrimination laws and regulations, as may be amended from time to time; b. Not to participate directly or indirectly in the discrimination prohibited by any Federal non- discrimination law or regulation, as set forth in appendix B of 49 CFR part 2l and herein; c. To permit access to its books, records, accounts, other sources of information, and its facilities as required by the State highway safety office, US DOT or NHTSA; d. That, in event a contractor/funding recipient fails to comply with any nondiscrimination provisions in this contract/funding agreement, the State highway safety agency will have the right to impose such contract/agreement sanctions as it or NHTSA determine are appropriate, including but not limited to withholding payments to the contractor/funding recipient under the contract/agreement until the contractor/funding recipient complies; and/or cancelling, terminating, or suspending a contract or funding agreement, in whole or in part; and e. To insert this clause, including paragraphs (a) through (e), in every subcontract and subagreement and in every solicitation for a subcontract or sub-agreement, that receives Federal funds under this program. THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103) The Subgrantee will provide a drug-free workplace by: a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; b. Establishing a drug-free awareness program to inform employees about: 1. The dangers of drug abuse in the workplace; 2. The grantee's policy of maintaining a drug-free workplace; 3. Any available drug counseling, rehabilitation, and employee assistance programs; 4. The penalties that may be imposed upon employees for drug violations occurring in the workplace; 5. Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph (a); c. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will – 1. Abide by the terms of the statement; 2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; d. Notifying the agency within ten days after receiving notice under subparagraph (c)(2) from an 127 8/4/2022 10:46:45 AM Page 14 of 17 employee or otherwise receiving actual notice of such conviction; e. Taking one of the following actions, within 30 days of receiving notice under subparagraph (c)(2), with respect to any employee who is so convicted – 1. Taking appropriate personnel action against such an employee, up to and including termination; 2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; f. Making a good faith effort to continue to maintain a drug-free workplace through implementation of all of the paragraphs above. POLITICAL ACTIVITY (HATCH ACT) (applies to all subrecipients as well as States) The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. CERTIFICATION REGARDING FEDERAL LOBBYING (applies to all subrecipients as well as States) Certification for Contracts, Grants, Loans, and Cooperative Agreements The signed certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; 3. The undersigned shall require that the language of this certification be included in the award documents for all sub-award at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. RESTRICTION ON STATE LOBBYING (applies to all subrecipients as well as States) None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., "grassroots") lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal. CERTIFICATION REGARDING DEBARMENT AND SUSPENSION (applies to all subrecipients as well as States) 128 8/4/2022 10:46:45 AM Page 15 of 17 Instructions for Primary Tier Participant Certification (States) 1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200. 2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. 3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment. 4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations. 6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200. 8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website (https://www.sam.gov/). 9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency may terminate the transaction for cause or default. Certification Regarding Debarment, Suspension, and Other Responsibility Matters-Primary Tier Covered Transactions (1) The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment 129 8/4/2022 10:46:45 AM Page 16 of 17 rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or Local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. (2) Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal. Instructions for Lower Tier Participant Certification 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website (https://www.sam.gov/). 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment. 130 8/4/2022 10:46:45 AM Page 17 of 17 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -- Lower Tier Covered Transactions: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. BUY AMERICA ACT (applies to all subrecipients as well as States) The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification for approval by the Secretary of Transportation. PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to all subrecipients as well as States) The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists. POLICY ON SEAT BELT USE In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally-owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information and resources on traffic safety programs and policies for employers, please contact the Network of Employers for Traffic Safety (NETS), a public -private partnership dedicated to improving the traffic safety practices of employers and employees. You can download information on seat belt programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at www.trafficsafety.org. The NHTSA website (www.nhtsa.gov) also provides information on statistics, campaigns, and program evaluations and references. POLICY ON BANNING TEXT MESSAGING WHILE DRIVING In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving company-owned or rented vehicles, Government-owned, leased or rented vehicles, or privately-owned vehicles when on official Government business or when performing any work on or behalf of the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or re- evaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting while driving. 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:22-768 MEETING DATE:10/4/2022 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: Public Hearing to consider adoption of Resolution No. 2022-45 approving an Annual Assessment within the Huntington Beach Downtown Business Improvement District (HBDBID) for Fiscal Year (FY) 2022-2023 Statement of Issue: On September 6, 2022, the City Council adopted Resolution No. 2022-44, declaring its intention to levy an annual assessment for the Huntington Beach Downtown Business Improvement District (District), and authorized the City Clerk to schedule a public hearing for October 4, 2022. 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. The City Council is now requested to conduct that public hearing and consider adopting Resolution No. 2022-45 to approve the assessment for FY 2022-2023. 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. Recommended Action: A) Conduct the Public Hearing; and, B) If written protests of at least 50% or more of the total assessments are not received, adopt Resolution No. 2022-45, “A Resolution of the City Council of the City of Huntington Beach Approving an Annual Assessment within the Huntington Beach Downtown Business Improvement District for Fiscal Year 2022-2023.” Alternative Action(s): 1) Modify elements of the Annual Report, such as the proposed assessments, activities and/or City of Huntington Beach Printed on 9/28/2022Page 1 of 6 powered by Legistar™166 File #:22-768 MEETING DATE:10/4/2022 improvements to be funded, district boundaries, categories of assessments, or benefit zones and amend the Resolution; or 2) Do no approve the resolution if written protests of at least 50% more of the total assessment are received. 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, 501(c)(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. The 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. The 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, was 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) and partially funded by Visit Huntington Beach, the HBDBID Ambassadors Security Program continues to provide enhanced City of Huntington Beach Printed on 9/28/2022Page 2 of 6 powered by Legistar™167 File #:22-768 MEETING DATE:10/4/2022 safety efforts by observing and reporting safety concerns in downtown. 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, focusing on 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. The HBDBID also continues to highlight downtown through its website and on social media by promoting events and new business openings. The FY 2022-2023 Annual Report outlines ways to build on last year’s activities and enhance outreach and communication, including partnership opportunities for downtown events. The HBDBID states that 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 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. City of Huntington Beach Printed on 9/28/2022Page 3 of 6 powered by Legistar™168 File #:22-768 MEETING DATE:10/4/2022 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 Movie 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 $198,400 $9,970 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 $822,800 $273,470 EXPENSES City of HB Base Maintenance $176,430 $186,400 $9,970 Enhanced Maintenance $0 $41,400 $41,400 Marketing/Advertising $10,900 $10,900 $0 Ambassadors $40,200 $56,200 $16,000 Office Supplies/Expenses $1,200 $2,400 $1,200 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 $7,668 $0 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 $44,856 $8,808 Surf City Nights Coordinator $0 $25,800 $25,800 BID Event Misc.$7,989 $5,990 ($1,999) Surf City Artisan Fair $0 $236,176 $236,176 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 $822,800 $273,470 CASH RESERVES $160,734 $160,758 $24 City of Huntington Beach Printed on 9/28/2022Page 4 of 6 powered by Legistar™169 File #:22-768 MEETING DATE:10/4/2022 INCOME FY 2021-2022(APPROVED)FY 2022-2023(PROPOSED)VARIANCECity of HB Maintenance $188,430 $198,400 $9,970Business 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 $822,800 $273,470EXPENSESCity of HB Base Maintenance $176,430 $186,400 $9,970Enhanced Maintenance $0 $41,400 $41,400Marketing/Advertising $10,900 $10,900 $0Ambassadors$40,200 $56,200 $16,000Office Supplies/Expenses $1,200 $2,400 $1,200Bank Charges $1,200 $1,200 $0Dues & Subscriptions $3,000 $4,200 $1,200Insurance$1,900 $2,100 $200Accounting$7,350 $7,350 $0License & Fees $2,000 $3,000 $1,000Repairs & Maintenance $500 $960 $460Rent & Storage $14,600 $16,400 $1,800Telephone/Internet $2,220 $2,400 $180Meeting/Training $800 $800 $0Administrative$0 $9,600 $9,600 BOD Election $2,000 $2,000 $0 Website $0 $6,000 $6,000 EIDL Repayment $7,668 $7,668 $0 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 $44,856 $8,808 Surf City Nights Coordinator $0 $25,800 $25,800 BID Event Misc.$7,989 $5,990 ($1,999) Surf City Artisan Fair $0 $236,176 $236,176 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 $822,800 $273,470 CASH RESERVES $160,734 $160,758 $24 District Renewal Funding recommendations to the City Council are made by a ten (10) member (nine voting members, one non-voting member) Advisory Board, which is elected annually by members. State Law requires that improvements and activities funded by assessments benefit businesses located within the District. Downtown businesses are assessed based on their size, location, and business type. Assessments range from $80 to $1,404 per annum. For FY 2022-2023, there are no changes to the boundary map or the assessment formula (Exhibit B) which was last amended in FY 2018-2019. 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 year; and 5. Amount of contributions to be made from sources other than assessments. Per State law, business owners within the District may submit a written protest of the proposed assessment being considered by the City Council. Each written protest must (i) be filed by an owner of a business located within the business improvement district and (ii) be 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 determining the business owner for protests, the City uses the information provided when the business owner applies for a business license. 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 must be accompanied by written evidence that the person signing is the “designated agent” City of Huntington Beach Printed on 9/28/2022Page 5 of 6 powered by Legistar™170 File #:22-768 MEETING DATE:10/4/2022 for the corporation or entity. A written protest may be withdrawn from the 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 continue the matter to its next regularly scheduled meeting to allow for thorough verification of 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. If the 50% or more written protest pertains only 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. As the downtown becomes an increasingly popular destination for locals and visitors, and as the City prepares to implement significant investment in downtown, many are expressing the need to maintain a clean, safe, and friendly environment during all hours and days of the week. To this end, building upon past lessons learned and best practices in other successful downtowns, thoughtful conversations about how to evolve a greater capacity for maintenance to ensure the highest standards for a clean, safe, and friendly downtown environment should commence and be ongoing. 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. 2022-45, “A Resolution of the City Council of the City of Huntington Beach Approving an Annual Assessment within the Huntington Beach Downtown Business Improvement District for Fiscal Year 2022-2023” 2. Exhibit A - Huntington Beach Downtown Business Improvement District FY 2022-2023 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. Huntington Beach Downtown Business Improvement District FY 2022-2023-Protests 6. 2022-2023 Downtown BID Public Hearing - 2021.10.4 Presentation City of Huntington Beach Printed on 9/28/2022Page 6 of 6 powered by Legistar™171 172 173 174 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. 1 175 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 2 176 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. 3 177 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. 4 178 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. 5 179 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 6 180 7 181 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%) 8 182 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 9 183 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 10 184 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 11 185 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 186 13 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. 187 14 188 15 189 16 190 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 191 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: 18 192 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. 19 193 Weekly Sidewalk Cleaning Map 20 194 21 Monthly Alley & Gutters Cleaning Map 195 22 Monthly Sidewalk Cleaning Map 196 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 23 197 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. 24 198 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. 27 199 25 200 26 201 BOUNDARY MAP FY 2022-2023 202 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 203 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 204 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 205 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 206 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 207 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 208 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 209 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 210 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) 211 BID ASSESSMENT CHART FY 2022-2023 212 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%) 213 214 215 216 217 218 Huntington Beach Downtown Business Improvement District (BID) Renewal FY 2022-2023 Public Hearing October 4, 2022 219 Background •HB Downtown Business Improvement District (“District”) - established by the City in 2004 •Purpose to fund activities/improvements, above the City’s baseline, to benefit and support businesses within the boundary •Per CA Parking & Business Improvement Area Law of 1989, District must prepare an Annual Report & Budget for Council approval •Council must also approve the levy of the assessment for the upcoming fiscal year 220 The District •Comprised of approx. 255 businesses •Assessments range from $80 - $1,440 •Businesses are assessed based on size, location, and business type •Boundary has two benefit zones •Total assessments equal approximately $107,000 •City collects assessments annually with business license renewal •Council appoints an Advisory Board to recommend funding needs 221 HBDBID •In 2008, City Council appointed HBDBID as the District’s Advisory Board •Private, 501(c)(6) business-based organization •Focused on creating a thriving downtown by providing marketing, safety, maintenance, beautification and member engagement •Comprised of a volunteer Board of Directors and staff 222 Annual Renewal Process •Sept. 6th – Council adopted Resolution of Intention to Levy Annual Assessment •Sept. 9th - City mailed all BID members public hearing information •Annual Report and proposed assessment details •Protest form and FAQ about the renewal process •Sept. 15th – Public hearing notice published in HB Wave 223 FY 21-22 Accomplishments •New operator of Surf City Artisan Fair and continued operator of Surf City Nights •Launch of new events and return of popular events, including marketing •Partnership with HBPD and VHB on Ambassadors Program •Management of Maintenance Agreement •Hosted stakeholder events focused on marketing, events, and safety •Continued biweekly of “Downtown Business Briefings” to discuss downtown- related issues 224 FY 2022-2023 Activities •Continue existing downtown events, including Surf City Artisan Fair and Surf City Nights •Additional cleaning and enhanced security during special events and peak-season •Increase marketing and promotion using website, newsletter, and social media 225 Proposed Budget INCOME Surf City Artisan Fair $310,000 City of HB--Maintenance $198,396 Surf City Nights $182,400 BID Member Assessments $107,000 Other Events $25,000 TOTAL INCOME $822,796 226 Proposed Expenses EXPENSES Surf City Artisan Fair $235,776 Maintenance & Cleaning $225,647 Staff Support $130,800 Surf City Nights $42,056 Marketing and Other Events $55,883 Ambassador Program $56,200 Administration/Misc. $76,434 TOTAL EXPENSES $822,796 227 Assessment Breakdown INCOME Ambassadors Program $32,100 District Management (ED) $26,750 Marketing and Events $21,400 Holiday Beautification $16,050 Cleaning $10,700 TOTAL EXPENSES $107,000 228 Public Hearing •State law requires an annual protest hearing to receive and consider any protests against the assessment for FY 22-23 •Only protests by affected business owners can be considered •If protests received total 50% or more of the assessment value, no further proceedings to continue the District can be considered for one year •If lack of majority protest exists, Council can renew assessment for the upcoming year 229 Thank you Questions? 230 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:22-737 MEETING DATE:10/4/2022 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:Debra Jubinsky, Senior Administrative Analyst Subject: Appropriate CalRecycle SB 1383 Local Assistance Grant Funds Statement of Issue: The City has been awarded an SB 1383 Local Assistance Grant from CalRecycle for $278,482. These funds will assist with the purchase of two-gallon kitchen organics pails for residential trash customers, as part of the City’s SB 1383 program rollout. In order to begin expending grant funds, City Council must approve their appropriation in the FY 2022-23 Operating Budget as required under Budget Resolution 2022-28. Financial Impact: A total of $278,482 of SB 1383 Local Assistance Grant Funds would be appropriated to Account No. 127685001.63100 (SB 1383 Local Assistance Grant OW1). Recommended Action: Approve a budget appropriation of $278,482 in CalRecycle SB 1383 Local Assistance Grant Funds into the FY 2022-23 Budget to support the implementation of the City’s SB 1383 program. Alternative Action(s): Do not approve the appropriation, and direct staff accordingly. Analysis: In early 2022, CalRecycle released a notice of funding availability from the SB 1383 Local Assistance Grant, which is a one-time, non-competitive grant program to assist local jurisdictions with the implementation of their SB 1383 programs. Public Works staff applied for this grant to provide residential trash customers with a two-gallon countertop pail to collect food scraps. The State requires customers to divert such organic waste away from landfills in an effort to reduce methane emissions, a major contributor of greenhouse gases. In Huntington Beach, customers would collect the waste in their pails and deposit them in their yard waste bins, where Republic will compost them City of Huntington Beach Printed on 9/28/2022Page 1 of 2 powered by Legistar™231 File #:22-737 MEETING DATE:10/4/2022 for other uses. Public Works intends to distribute the pails with educational materials to residents during the program roll out in 2023. The City was awarded $278,482 through the Local Assistance Grant, which will assist with the purchase of approximately 45,000-50,000 pails. The intent is to provide one to all residential households that would like one. Due to the timing of the award in May 2022, this grant was not included in the Fiscal Year 2022-23 annual budget process. Per Resolution 2022-23, City Council approval is required to appropriate grant funds that exceed $250,000 from a single source, in order to begin expending them for their intended purpose. Environmental Status: Not applicable. Strategic Plan Goal: Infrastructure & Parks City of Huntington Beach Printed on 9/28/2022Page 2 of 2 powered by Legistar™232 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:22-822 MEETING DATE:10/4/2022 Subject: Submitted by Councilmember Peterson - Establish a One-Stop Development Services Center Recommended Action: Request the City Manager to evaluate best practices and implement a customer-centric, inter- departmental one stop shop system for private projects outlined in the memo. If deemed appropriate by the City Manager, the development of a position to lead the one stop shop with demonstrated experience establishing, leading and managing an effective one-stop development services program could be considered. At a minimum, the City Council should receive updates in open session from the City Manager every three months beginning January 2023 until the one stop shop is fully implemented or City Council directs otherwise. Attachment(s): 1. Memo by Councilmember Erik Peterson City of Huntington Beach Printed on 9/28/2022Page 1 of 1 powered by Legistar™233 CITY OF HUNTINGTON BEACH CITY COUNCIL MEETING – COUNCIL MEMBER ITEM REPORT TO: The Honorable Mayor and City Council FROM: Erik Peterson, City Council Member DATE: October 4, 2022 SUBJECT: Establishing a One-Stop Development Services Center The City of Huntington Beach is continuously experiencing investment in buildings and properties in both in the residential and commercial markets. All have to work through the City to get a variety of approvals and permits required by Federal, State and/or local laws and policies. The goal of the City team should be to minimize the difficulty in navigating these regulations and policies for those who want to invest in buildings and properties within Huntington Beach. As economic development is one of the City Council’s strategic priorities, the City should strive to provide first class customer service and the most efficient, business-friendly experiences possible. A next step in the evolution of the City’s efforts to continuously innovate and improve, is to build upon the City’s permit center by developing and implementing a customer- centric, all-on-one-floor inter-departmental one-stop-shop system for private development projects. It should include all practices, procedures, fees, data collection, and an in-person facility that facilitates investment in Huntington Beach with increased consistency, certainty, and efficiency for all. There is no fiscal impact with this request; however, it is anticipated that components of this request will have fiscal impacts that require city council consideration at a later time. RECOMMENDED ACTION Request the City Manager to evaluate best practices and implement a customer-centric, inter- departmental one stop shop system as described above. If deemed appropriate by the City Manager, the development of a position to lead the one stop shop with demonstrated experience establishing, leading and managing an effective inter-departmental one stop shop program could be considered. At a minimum, the City Council should receive updates in open session from the City Manager every three months beginning January 2023 until the one stop shop is fully implemented or City Council directs otherwise. 234