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HomeMy WebLinkAboutAdopt Resolution No 2024-08 Revising and Restating Resolutio (2) � 2000 Main Street, ��tJTINT o, Oip Huntington Beach,CA `•9 Cityof Huntington Beach 92648 APPROVED 7-0 LCF n File #: 24-194 MEETING DATE: 3/19/2024 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Eric G. Parra, Interim City Manager VIA: Ashley Wysocki, Director of Community & Library Services PREPARED BY: Molly Uemura, Community & Library Services Manager Subject: Adopt Resolution No . 2024-08 revising and restating Resolution No. 2016-01 related to implementing Charter Section 805 and Municipal Code Chapter 5.90 regarding the number of permits issued for Safe and Sane Fireworks from fifteen (15) to sixteen (16) Statement of Issue: It is necessary to revise and restate Resolution No. 2016-01 and approve a new resolution that will allow for one additional Safe and Sane Fireworks booth permit to be exclusively issued to a City- related organization or foundation, which is defined as a charitable organization that has been established as a result of a partnership with a specific City department and has the primary purpose of financially supporting city services and operations. Financial Impact: Not applicable. Recommended Action: Adopt Resolution No. 2024-08, "A Resolution of the City Council of the City of Huntington Beach revising and restating Resolution No. 2016-01 related to implementing Charter Section 805 and Municipal Code Chapter 5.90 regarding safe and sane fireworks." Alternative Action(s): Do not approve the recommended action and direct staff accordingly. Analysis: On February 2, 2015, City Council adopted Resolution No. 2015-04, which approved a maximum of fifteen (15) permits to be issued allowing for the sale of Safe and Sane Fireworks within the City each year to non-profit organizations using a lottery system. Historically, the 15 permits have been issued to applicants in three (3) categories, with a maximum of five (5) permits per category: Youth Sports, High School Education Institutions, and Civic Organizations. Resolution No. 2024-08 would increase City of Huntington Beach Page 1 of 2 Printed on 3/13/2024 powere1144 LegistarTM File #: 24-194 MEETING DATE: 3/19/2024 the number of permits from fifteen (15) to sixteen (16). This increase of one permit shall be issued to a City-related organization or foundation defined as a charitable organization that has been established as a result of a partnership with a specific City department and has the primary purpose of financially supporting City services and operations. This charitable organization must have a current Memorandum of Understanding with the City of Huntington Beach. Sixty percent (60%) of the proceeds from this sixteenth (16th) booth will be recouped by the City- related organization or foundation and forty percent (40%) will be recouped by the City of Huntington Beach to help offset the rising costs related to the City's Independence Day events. The awarded City-related organization or foundation will rotate annually, with a lottery held the first year to establish a list. Any new City-related organization or foundation established after this list is created will be automatically added to the end of the existing list. Applicable organizations or foundations will be eligible to apply for other categories during non-award years. No City-related organization or foundation may be awarded or operate more than one booth in the same year. These organizations will not be entered into the annual lottery that is applicable for the remaining fifteen (15) fireworks booths. Environmental Status: This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Strategic Plan Goal: Goal 2 - Fiscal Stability, Strategy A - Consider new revenue sources and opportunities to support the City's priority initiatives and projects. Attachment(s): 1. Resolution No. 2024-08, "A Resolution of the City Council of the City of Huntington Beach revising and restating Resolution No. 2016-01 related to implementing Charter Section 805 and Municipal Code Chapter 5.90 regarding safe and sane fireworks." City of Huntington Beach Page 2 of 2 Printed on 3/13/2024 powere1144 LegistarTM RESOLUTION NO. 2024-08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REVISING AND RESTATING RESOLUTION NO. 2016-Q1 RELATED TO IMPLEMENTING CHARTER SECTION 805 AND MUNICIPAL CODE CHAPTER 5.90 REGARDING SAFE AND SANE FIREWORKS WHEREAS,the voters of the City of Huntington Beach approved an amendment to the Huntington Beach Charter adding Section 805 permitting the sale and discharge of Safe and Sane Fireworks subject to City Council regulations; and The Council finds that orderly distribution and sale of Safe and Sane Fireworks will be accomplished by setting forth rules and procedures via resolution, NOW, THEREFORE,the City Council of the City of Huntington Beach does hereby resolve as follows: SECTION 1. The City Manager is hereby authorized to implement this Resolution, Huntington Beach Municipal Code(HBMC) Chapter 5.90 and Charter Section 805. SECTION 2. No Permit, as defined by the HBMC, shall be issued to any Qualified Organization that does not satisfy the requirements provided in this Resolution or HBMC Chapter 5.90. A. The maximum number of Permits that may be issued shall be sixteen(16) Permits during • any one calendar year as follows: one(1) Permit issued to a City Foundation and a maximum of five Permits shall be issued to Qualified Organizations in each of the three categories provided below,to which an applicant may apply for only one of the categories: Youth Sports—Youth sports organizations operating within the City whose main purpose is to benefit a valid youth sports activity. Examples include but are not limited to Little League, "AYSO" soccer,youth football,basketball,tennis, or golf This category does not include individual club or travel sports teams, or high school extracurricular activities/sports. High School—High schools operating within the City that agree to use the proceeds for the benefit of valid student extracurricular activities/sports shall be allowed to submit one application. Civic Organizations—Civic organizations operating within the City whose sole purpose is for civic betterment, or charitable or religious purposes to and for the citizens of Huntington - Beach, shall be allowed to submit one application. This category does not include high school extracurricular activities or youth or adult sports organizations. RESOLUTION NO. 2024-08 B. Each year, one (1) Permit shall be issued to.a City related organization or Foundation which is defined as a Charitable Organization.that has been established as a result of a partnership with a Specific City Department and has the primary purpose of financially supporting City Services and operations. This Charitable Organization must have a current Memorandum of Understanding with the City of Huntington Beach. Sixty percent of the proceeds from this booth will be given to the Foundation and forty percent will be provided to the City of Huntington Beach to help offset the costs related to the - City's Independence Day festivities. In year one (1) a lottery will be held to determine the award for the fireworks booth. To determine order for future years, any Organizations or Foundations.added after the lottery will be placed at the bottom of the list. No Foundation may be awarded or operate two booths in the same year. Foundations will not be entered into the annual lottery. C. Applications may be filed with`the City Clerk beginning March 1st, continuing up to 5:00 p.m. on the last business day in March of the same year, at which time the filing period for that year will be closed. D. The City Clerk shall conduct a lottery to choose fifteen qualified Permittees that may sell • fireworks in the City pursuant to HBMC Chapter 5.90. The lottery will be conducted during a City Council meeting with the City Clerk using some means of random selection. E. In addition to the requirements of HBMC Chapter 5.90, Qualified Applicants must be organized primarily for veterans,patriotic,welfare, civic betterment,religious, athletic, educational,youth development or charitable purposes; must have their principal and permanent meeting place within the City; and provide direct and regular community services and benefits to the residents of the City. F. If more than one application is submitted on behalf of any nonprofit organization or affiliated organization,the City may disregard one or all of the applications at its sole discretion. Any attempt to transfer an application shall void that application and may preclude an applicant from participating in the lottery in future years. G. On a form provided by the City, Qualified Organizations shall provide: the proposed location of the fireworks stand;the name, address and 24-hour telephone number of one or more responsible adults who will be in charge of and responsible for the fireworks stand during the period fireworks are sold, displayed or stored at such location; and written permission from the owner of record and/or lessor and/or management company of the property upon which said fireworks stand is proposed to be located;the proof of the applicant's status as a qualified organization; date when the applicant was organized and established; the names and addresses of the officers, if any, of the applicant;the name, address, and California State Fire Marshal's license number of any wholesaler or distributor from whom the Qualified Applicant or retailer proposes to purchase for resale; the applicant's State Board of Equalization sales tax permit number; the manner,method and times regarding how the applicant proposes to sell Safe and Sane Fireworks; a copy of the requisite retail sales permit issued by the Office of the California State Fire 24-14157/331590 2 RESOLUTION NO. 2024-08 Marshal; and evidence of a temporary sales tax permit from the California State Board of Equalization. SECTION 3. Permittees shall provide certificates of insurance evidencing the following minimum coverage and limits. Insurance shall be provided by an insurer authorized to do business in California with a current A.M. Best's rating of no less than an A-:VI. A. General Liability: Commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 Q1, in an amount not less than one million dollars ($1,000,000.00) per occurrence, two million dollars ($2,000,000.00) general aggregate, for bodily injury, personal injury, and property damage without limitation, • blanket contractual liability. General liability policies shall provide or be endorsed using Insurance Services Office forms CG 2Q 26 or equivalent, to provide that City and its officers, elected or appointed officials, employees, agents and volunteers shall be additional insureds under such policies. There shall be no exclusions, included in or added to the policy, for fireworks sales or similar activities allowable under this permit. B. The insurance coverage provided and limits required hereunder are minimum requirements and are not intended to limit Permittee's indemnification obligations under Section 4 below, nor do the indemnity obligations limit the rights of the insured parties to the coverage afforded by their insured status. Requirements of specific coverage features or limits contained in this Section 3 are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. C. Any deductibles, self-insured retentions or similar forms of coverage limitations or modifications must be declared to and approved by the City. D. Permittee shall include all sub-Permittees or subcontractors, if any, as insureds under its policies or shall furnish separate certificates and endorsements to each sub-Pennittee. E. Permittee shall provide to City, certificates of insurance and endorsements, as required, as evidence of the insurance coverage required herein. SECTION 4. Permittees agree, as a condition of receiving a Permit,to protect, defend, indemnify, and hold harmless,the City,the City Council, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all third party claims, damages, losses, expenses,judgments, demands and defense costs,however caused,resulting from death or injury to Permittee employees, volunteers, customers, and/or any third party, and/or damage to Permittee property, arising directly or indirectly out of the obligations or operations undertaken by Permittee by virtue of the Permit issuance, caused in whole or in part by any act or omission of the Permittee, any subcontractors, anyone directly or indirectly employed or volunteers or anyone for whose acts any of them may be liable, including but not 24-14157/331590 3 RESOLUTION NO. 2024-08 limited to, concurrent active negligence, except where caused by the sole active negligence, or willful misconduct of the City. In the event of an injury, claim, lawsuit, or any other dispute,the Permittee will conduct all legal defenses to those injuries, claims, lawsuits, or any other disputes, including the defense of the City if applicable, at its sole cost and expense, and at no cost or expense to the City. The City shall approve selection of Permittee's counsel. This defense and indemnity obligation shall apply to all claims and liability regardless of whether any defenses and insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Permittee. SECTION 5. Each Permittee shall provide the City with a listing of reported profit from its Firework Stand located in the City. SECTION 6. City Council Resolution No. 2016-01, and all other resolutions in conflict herewith, are hereby repealed. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 19th day of March, 2024. LI_ •J .■w- ayor REVIEWED A APPROV D: Tov::S : O : Ci anag er City Attorney INITIATED AND APPROVED: ire r of unity&Library Services 24-14157/331590 4 Res. No. 2024-08 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ROBIN ESTANISLAU, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a Regular meeting thereof held on March 19, 2024 by the following vote: AYES: Moser, Bolton, Burns, Van Der Mark, Strickland, McKeon, Kalmick NOES: None ABSENT: None RECUSE: None 94 City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California From: )o Ann Arvizt To: suoolementalcommCla surfcity-hb.orq;CITY COUNCIL(INCL.CMO STAFF) Subject: 3/19/24 Agenda Items Date: Monday,March 18,2024 6:45:58 PM To All City Council Members, Agenda item 24-197 Why is the city proposing a library management System to run our Public Libraries? We are 50 year residents of this fine city. We are very proud of our public libraries. We did not appreciate the council majority move to take away the selection of books process from our educated and trained librarians and turn it over to rank amateurs. The attempt to privatize our library system reeks of more possible corruption. e- rivatizing our library system.. Agenda 24-194' Increasing the number o permits for selling safe and sane fireworks from 15 to 16. Now that 's all fine and dandy! ow about getting the HB Police and Fire Department to enforce the la e discharge of highly unsafe fireworks into the skies of our city every 4th of July? It is a battle zone every year and its a simple matter of citing the perpetrators that set them off with a very expensive citation. There has to be a city ordinance against these actions in place now. Are you waiting for some homes and businesses to burn down before responding? Agenda 24-160 A three year contract costing the city$750,000 for liability claims and processing. That sounds like it should be the job of our city attorney and his team. Didn't he get a healthy pay increase above what his predecessor earned. I understand he also increased his staff as well. Three quarters of a million dollars is to much for our taxpayers to pay for something they already pay for:. We are against the approval of this contract.. - Agenda 24-188`• A three year professional services contract for production and management of the 4th of July Parade. Our parade,the Largest 4th of July west of the Mississippi,has been outstanding in - all the years we have attended. There is no reason to turn it over to a private company. Our parade is well managed,well attended and enjoyed by all!. Do not turn it over to another entity. It is NOT broken, so no need to fix it! Again spending more of our tax dollars! Al and Jo Ann Arvizu . 50 year HB residents jarvizu@socal.rr.com.. SUPPLEMENTAL COMMUNICATION 3/19/2024 Meeting Date: 15 (24-194) Agenda Item No.; .__.�. From: terrvlaurenroseeamail.com To: suoolementalcommCalsurfcity-hb.orq;CITY COUNCIL(INCL.CMO STAFF) Subject: city council meeting 031924 please include in.tonight"s agenda items. Date: Tuesday,March 19,2024 7:25:26 AM Attachments: city council meeting 031924.docx, Importance: High. Please include my comments on each of the agenda items. If I need to send separate documents later, I will. Thank you. Terry Rose: City Council Meeting Agenda 03-19-2024 Terry Rose, resident since 1983, homeowner I recently saw an unreleased as yet documentary at the Palm Springs Film Festival called Bad Faith about Christian Nationalism(the"moral"minority)whose mission is to destroy democracy as we know it today and establish a theocracy. I believe that it is quite possible that Tony Strickland,Gracey Van:Der Mark,,Casey McKeon&Pats Burns are all Christian Nationalists as I truly believe they are trying to destroy Huntington Beach,, are not interested in working for the good of the whole but only interested in serving themselves. and driving our city into bankruptcy thus destroying it., From their campaign lies to"no changes toour city charter"to their changing the protocol on who becomes our mayor and when'to paying their"buddy"millions for an oil spill the city was not' _ • responsible for and for not sharing with the public the loss of income to the Pacific Air Show or the city to the proposed expansion of the Air Show including building a runway on the beach to what _ they led by so-called moralist Gracey Van Der Mark,in particular,are doing to our public library to the out and out political speech by the pastor of the Calvery Chapal of Huntington Harbor,they _ have proven,at least to me,that they do.not believe in our democracy but only intheir personae agendas.. I wish to go on record for the following: File#:24-204 Version: 1 Council Committee Appointments and Liaison Reports, Oppose Gracey Van der Mark's amendment because it is prejudicial and clearly favors the members of her buddies with Moser&Bolton only being assigned to one committee and Kalmick. _ being assigned to none. File#:24-194 Adopt Resolution No.2024-08 revising and restating Resolution No:2016-01 related_ to implementing Charter Section 805 and Municipal Code Chapter 5.90 regarding the number of permits issued for Safe and Sane Fireworks from fifteen(15)to sixteen(16), Oppose I would like to see Huntington Beach ban all fireworks in the city. The amount of illegal- fireworks has more than tripled since the city approved the sale of"Safe and Sane Fireworks." File#24-197 24-197 Request authorization,to issue a Request for Proposals for Managed Library • Services for the Huntington Beach Public Library system Oppose Too many unanswered questions: • Will the library staff lose their jobs or be forced to take a reduction in their salaries in order to keep their jobs? • If the private company decides they are not making enough money,will they just close the library completely? • Will there be fees for everything? • Who will make the final decision on what books the public has access to? • How much will this cost the city? • Is the company friends with the foursome? File#:24-209 Approve for introduction.Ordinance No..4318 adding Chapter 2.66 to the Huntington Beach Municipal Code Relating to.the'Community-Parent Guardian Review Board for Review of Procurement of Children's Library Material Oppose This is taking away the rights of parents to make the decisions for their children and because each council member canselect 3 people,this committee will be skewed in favor of Tony Strickland,Gracey Van Der Mark,Casey McKeon.&Pat Burns'choices. • What are the criteria to be on this committee? • Will members of this committee be paid? • Will this committee have the final sagas to what books are in the library, or,will their suggestions be put to vote so that every citizen of Huntington Beach has a say so in the matter? •. Will teens be reduced to reading Dick&Jane? • Will all people regardless of their ethnicity and sexual identification be represented in the - books that are available to young people? • Who decides what is pornographic? • Too many questions • Let the library be—let the parents.decide File#:24-208 Item Submitted by Council Member Casey McKeon to withdraw from the League of California Cities Queston:Why?' In answer to expanding the Air Show,I suggest we expand the Surfing Championship which, brings people from all over the world to Huntington Beach. We could,add everything the air, show wants to add,except for landing the plane on the beach,and continue our legend as Surf City USA vs Pacific Air Show City USA. Let the Pacific Air Show try to find another beach in: Orange County—I doubt they will be able to accomplish that.