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Home My WebLink AboutNO ACTION TAKEN - Approve for Introduction Ordinance No. 428 (2) 041INGrp2 2000 Main Street, Huntington Beach,CA 92648 City of Huntington Beach ;,. .. _ liPPAO✓E7) 7-0 ��„ :oQ= 77� 7�$w77, /T ��UNTY CP ... File #: 23-403 MEETING DATE: 5/16/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Al Zelinka, City Manager VIA: Ashley Wysocki, Acting Director of Community & Library Services PREPARED BY: Carrie Gonzales, Management Aide Subject: Approve for introduction Ordinance No. 4282 Amending Huntington Beach Municipal Code Chapter 9.20 relating to Public Nudity Statement of Issue: Staff recommends approving for introduction Ordinance No. 4282 Amending Chapter 9.20 of the Huntington Beach Municipal Code relating to Public Nudity in order to more clearly define unlawful exposure in public, including prohibiting public nudity in any City owned or operated facility. Financial Impact: Not applicable. Recommended Action: Approve for introduction Ordinance No.4282, "An Ordinance of the City of Huntington Beach amending Chapter 9.20 of the Huntington Beach Municipal Code relating to Public Nudity". Alternative Action(s): Do not approve the recommended action, and direct staff accordingly. Analysis: In 2007, the City Council adopted Ordinance No. 3773, which amended the Prohibited Public Conduct Chapter 9.20 of the Huntington Beach Municipal Code (HBMC) to add Section 9.20.015 to specifically address public nudity. On October 12, 2022, the City Attorney's Office provided a legal opinion recommending that HBMC 9.20.015, Public Nudity be amended to more clearly define unlawful exposure in public and provide additional clarity by including City owned or operated facilities to the existing code. The proposed revisions to HBMC 9.20.015 are referenced below, in bold: City of Huntington Beach NO AC 'ON TAKEN Printed on 5/10/2023 powere2a5 LegistarT" File #: 23-403 MEETING DATE: 5/16/2023 "It shall be unlawful for any person over the age of nine years old to appear, bathe, sunbathe, walk or be on or in any public park, City owned or operated facility, playground, beach, or in the water adjacent thereto, or on any other public land, or on any private property open to public view from any public beach, playground, park, public place, public property or public right-of-way in such a manner as to knowingly and intentionally expose his or her genitals, pubic hair, natal cleft, perineum, anal region or pubic hair region, or expose the nipples and/or areola of the female breast except as necessary while engaging in breastfeeding." The proposed Ordinance No. 4282 has been prepared by the City Attorney's office (Attachment 1). Environmental Status: Pursuant to CEQA Guidelines Section 15378(b)(5), administrative activities of governments that will not result in direct or indirect physical changes in the environment do not constitute a project. Strategic Plan Goal: Community Engagement Attachment(s): 1. Ordinance No. 4282 "An Ordinance of the City of Huntington Beach amending Chapter 9.20 of the Huntington Beach Municipal Code relating to Public Nudity" 2. Legislative Draft HBMC Chapter 9.20 3. Ordinance No. 4282 Amendment PowerPoint City of Huntington Beach Page 2 of 2 Printed on 5/10/2023 powere25'Leg 1starM City Council/ ACTION AGENDA May 16, 2023 Public Financing Authority B) Appropriate $433,000 in the Supplemental Law Enforcement Service Fund. Approved 7-0 ORDINANCES FOR INTRODUCTION 21. 23-403 TABLED Request to approve for introduction Ordinance No. 4282 Amending Huntington Beach Municipal Code Chapter 9.20 relating to Public Nudity Recommended Action: Approve for introduction Ordinance No.4282, "An Ordinance of the City of Huntington Beach amending Chapter 9.20 of the Huntington B ach Municipal Code relating to Public Nudity". Approved 7-0- Table the item COUNCILMEMBER ITEMS 22. 23-431 Item Submitted by Councilmember Burns Approved - Board, Commission, Committee Status and Organizational Review Recommended Action: 1. Request the City Council form an Ad Hoc Committee to review the purpose and structure of Citizen and Council Boards, Commissions, and Committees. 2. Recommend that the Mayor select three Council Members and the City Manager select two staff members to the Ad Hoc Council Committee to review the need and pertinence of standing boards, commissions, and committees. 3. Recommend that the Ad Hoc Committee return to Council in 90 days with a report on the status and recommendation to the City Council. Approved 7-0 23. 23-432 Item Submitted by Councilmember McKeon Approved - Fiscal and Operations Update on the City's Middle Income Housing Program Recommended Action: Direct the City Manager and the Community Development Department to coordinate with Catalyst and CMFA to present a comprehensive report at a City Council Meeting in July or sooner of the Financial Impact section mentioned in the July 2021 City Council Action. The report should include, but not be limited to, the following important details: • How many of the 649 housing units are occupied? • How many have been remodeled as planned and at what cost? • How many of the units are leased to persons earning 80%-120% of the Area Median Income, as required? • WI Idt die it IC dVClcl C I I ILA ltllly ICI Itb? Page 7 of 7 ORDINANCE NO. 4282 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 9.20 OF THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO PUBLIC NUDITY The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. That new Section 9.20.015 be, and is hereby added to Chapter 9.20 of the Huntington Beach Municipal Code, said section to read as follows: Section 9.20.015 Public Nudity. It shall be unlawful for any person over the age of nine years old to appear, bath, sunbathe, walk or be on or in any public park, City owned or operated facility, playground, beach, or in the water adjacent thereto, or on any other public land, public property or on any private property open to public view from any public beach, playground, park, public place, or public right-of-way in such a manner as to knowingly and intentionally expose his or her genitals, pubic hair, natal cleft, perineum, anal region or pubic hair region, or expose the nipples and/or areola of the female breast except as necessary while engaging in the breastfeeding. SECTION 2. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of , 2023. • Mayor ATTEST: APPROVED O FORM: City Clerk City Attorney / REVIEWED AND APPROVED: ITIATED AND OVED: City Manager irec of C ity ibrary Services 292567/22-11789 1 /I/a. 1/-28z LEGISLATIVE DRAFT HBMC CHAPTER 9.20 Chapter 9.20 9.20.015 Public Nudity It shall be unlawful for any person over the age of nine years old to appear, bathe, sunbathe,walk or be on or in any public park, City owned or operated facility,playground, beach, or in the water adjacent thereto, or on any other public land, or on any private property open to public view from any public beach,playground,park,public place,public property or public right-of- way in such a manner as to knowingly and intentionally expose his or her genitals,pubic hair, natal cleft,perineum, anal region or pubic hair region, or expose the nipples and/or areola of the female breast except as necessary while engaging in breastfeeding. ///I.•►4� /AV \ %1111 N G i0."---, Introduction of Ordinance No. 4282 ....es.. *R P o R •••,• Amending HBMC Chapter 9. 20 • :, \ , ,(, (/ / i Public P eaM r l , .____ __ _ _- • and Welfare : Public _______ __ ___ _r ,, , Nudity_ „_. __,..___ _---,---.--_____ .. AT . ---7- . _.--________,77,_ •• <k%, V 0 •••;86.... ' - ‘1/4°.••• t 0 . 4, •••• , 19 �%,. C ••••.• / May16, 2023 °UNTN tr,F—'...�•- 289 Proposed No . 4282 On October 12, 2022, the City Attorney's Office provided a legal opinion, recommending Municipal Code 9.20.015, Public Nudity, be amended to more clearly define exposure in public, and provide additional clarity by adding City owned or operated facilities to the existing municipal code. 0' t NTING : _ \ fir =_•��NTY...... • Recommendation Approve for Introduction Ordinance No. 4282, "An Ordinance of the City of Huntington Beach Amending Title 9.20 of Huntington Beach Municipal Code relating to Public Nudity." i�� T I N ,i * .. c c: cORPO RA.r .•. \ '0bNT� ':i a 7 � , w'a 'ar M,kr . 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