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Home My WebLink About2024-04-02 Agenda PacketIN-PERSON PUBLIC PARTICIPATION: Members of the public are welcome to attend City Council meetings in person. Alternate ways to view meetings live or on-demand include: livestreamed on HBTV Channel 3 (replayed on Wednesday at 10:00 a.m. and Thursday at 6:00 p.m.); live and archived meetings for on-demand viewing accessed from https://huntingtonbeach.legistar.com/calendar , https://bit.ly/SurfCityTV, or the City's YouTube Channel at https://www.youtube.com/cityofhb , or from any Roku, Fire TV or Apple device by downloading the Cablecast Screenweave App and searching for the City of Huntington Beach channel. PRESENTATION MATERIAL: Presentations/AV materials shall be submitted to staff no later than 9AM the day of the meeting to PublicPresentations@huntingtonbeachca.gov . Members of the audience and speakers shall not wear or display signs that obstruct the view of other audience members. Signs shall remain with the holder and shall not be placed in adjacent seats or in common areas. 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 in the City Council Chambers by completing a Request to Speak form delivered to the City Clerk. Sign-ups to Request to Speak will begin in person 30 minutes prior to the start of Study Session, Closed Session, or Regular City Council Meeting, whichever comes first. Sign-ups will be accepted until the commencement of the public comment period. SUPPLEMENTAL COMMUNICATION: 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 to the Council via email at SupplementalComm@Surfcity-hb.org . Supplemental Communications are public record, and if received by 9:00 AM 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 after the 9:00 AM deadline will be incorporated into the administrative record. Members of the public are also welcome to communicate with the City Council (and staff supporting Council) at City.Council@surfcity-hb.org . 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, April 2, 2024 5:00 PM Closed Session 6:00 PM Regular Meeting Council Chambers 2000 Main Street Huntington Beach, CA 92648 MAYOR AND CITY COUNCIL GRACEY VAN DER MARK, Mayor PAT BURNS, Mayor Pro Tem RHONDA BOLTON, Councilmember DAN KALMICK, Councilmember CASEY McKEON, Councilmember NATALIE MOSER, Councilmember TONY STRICKLAND, Councilmember STAFF ERIC G. PARRA, Interim City Manager MICHAEL E. GATES, City Attorney ROBIN ESTANISLAU, City Clerk ALISA BACKSTROM, City Treasurer 1 AGENDA April 2, 2024City Council/Public Financing Authority 5:00 PM - COUNCIL CHAMBERS CALL TO ORDER ROLL CALL Moser, Bolton, Burns, Van Der Mark, Strickland, McKeon, Kalmick CITY COUNCIL MEMBER COMMENTS (3-Minute Time Limit) The Mayor will facilitate a voluntary opportunity for members of the Huntington Beach City Council to individually make brief comments to the public. Please note that the Brown Act does not allow for lengthy comments, discussion, or action on topics that are not on the agenda ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS PERTAINING TO CLOSED SESSION ITEMS (Received After Agenda Distribution) PUBLIC COMMENTS PERTAINING TO CLOSED SESSION ITEMS (3-Minute Time Limit) At this time, the City Council will receive comments from members of the public regarding any topic, including items on the Study Session and/or Closed Session agendas. Individuals wishing to provide a comment on item(s) may do so in person by filling out a Request to Speak form delivered to the City Clerk. 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. Please note that the Brown Act does not allow discussion or action on topics that are not on the agenda. Members of the public who would like to speak directly with a Councilmember on an item not on the agenda may consider scheduling an appointment by contacting the City Council's Administrative Assistant at (714) 536-5553 or emailing the entire City Council at city.council@surfcity-hb.org. RECESS TO CLOSED SESSION CLOSED SESSION 24-2331.CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Hines (Fawn) v. City of Huntington Beach, et al; OCSC Case No.: 30-2023-01328667-CU-PO-CJC. 24-2342.CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Page (John & Shaya) v. City of Huntington Beach, et al.; OCSC Case No.: 30-2022-01280954. 6:00 PM – COUNCIL CHAMBERS Page 1 of 5 2 AGENDA April 2, 2024City Council/Public Financing Authority RECONVENE CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING ROLL CALL Moser, Bolton, Burns, Van Der Mark, Strickland, McKeon, Kalmick 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. 24-2283.Huntington Beach Police and Fire Chaplain Roger Wing CLOSED SESSION REPORT BY CITY ATTORNEY ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) PUBLIC COMMENTS (3-Minute Time Limit) At this time, the City Council will receive comments from members of the public regarding any topic, including items on the open session agenda. Individuals wishing to provide a comment may do so in person by filling out a Request to Speak form delivered to the City Clerk. 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. Please note that the Brown Act does not allow discussion or action on topics that are not on the agenda. Members of the public who would like to speak directly with a Councilmember on an item not on the agenda may consider scheduling an appointment by contacting the City Council's Administrative Assistant at (714) 536-5553 or emailing the entire City Council at city.council@surfcity-hb.org. While the City Council welcomes public involvement and supports and defends free speech, the City Council rejects comments from anyone that are discriminatory, defamatory or otherwise not protected free speech. Those comments will not inform nor be considered by the City Council and may be cause for the Mayor to interrupt the public speaker. Such public comments will not be consented to or otherwise adopted by the City Council in its discussions and findings for any matter tonight. COUNCIL COMMITTEE APPOINTMENT ANNOUNCEMENTS Councilmembers may make brief announcements on any appointments made to a board, committee, or commission. Councilmembers may not discuss or take any action on these announcements. Announcements are limited to 1 minute. AB 1234 REPORTING Page 2 of 5 3 AGENDA April 2, 2024City Council/Public Financing Authority Per AB 1234 (Government Code Section 53232.3(d)) Councilmembers who attend a meeting, conference, or similar event at the expense of the City must provide a brief report of the meeting, conference, or similar event during the next regular City Council meeting. Reports are limited to 1 minute. OPENNESS IN NEGOTIATION DISCLOSURES Councilmembers must publicly disclose any meetings or communications with City employee associations, related to the negotiations of labor agreements. Disclosures are limited to 1 minute and must be made by the next regular City Council Meeting. CITY MANAGER'S REPORT CITY CLERK'S REPORT 24-2244.Adopt Resolution No. 2024-12 Reciting the Facts of the Special Municipal Election of March 5, 2024, and Declaring Results Adopt Resolution No. 2024-12, “A Resolution of the City Council of the City of Huntington Beach, California, Reciting the Facts of the Special Municipal Election held on March 5, 2024, Declaring the Results and Such Other Matters as Provided by Law.” Recommended Action: CONSENT CALENDAR (Items 5 - 10) City Clerk 24-2265.Approve and Adopt Minutes Approve and adopt the City Council/Public Financing Authority regular meeting minutes of March 19, 2024. Recommended Action: 24-2276.Monthly Update of Activities for Citizen Boards, Commissions, Committees (BCCs) and Regional Agencies - March 2024 Receive and File. Recommended Action: Community and Library Services 24-2197.Adopt 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 (Approved for Introduction on 3/19/2024 by a vote of 4-3 (Moser, Bolton, Kalmick-No) Page 3 of 5 4 AGENDA April 2, 2024City Council/Public Financing Authority Adopt Ordinance No. 4318, “An Ordinance of the City Council of the City of Huntington Beach amending the Huntington Beach Municipal Code by adding new chapter 2.66 Entitled “Community Parent-Guardian Review Board for Procurement of Children’s Library Materials.”” Recommended Action: Community Development 24-1468.Adopt Resolution No. 2024-10 declaring weeds and rubbish a nuisance on specific properties and scheduling a Public Hearing on May 7, 2024, at 6:00 p.m. for protests and objections to the abatement thereof Adopt Resolution No. 2024-10 “A Resolution of the City Council of the City of Huntington Beach Finding and Declaring That Certain Weeds Growing in the City and Rubbish and Refuse Deposited on Public Ways and Private Property are a Public Nuisance; and Fixing the Time for Hearing Protests and Objections to the Abatement Thereof.” Recommended Action: Public Works 24-1789.Approve Sixth Amendment to the West Orange County Water Board Joint Powers Agreement to adjust Director stipends to $200 per meeting Approve the Sixth Amendment to the JPA and authorize the Mayor to sign the amendment. Recommended Action: 24-18610.Adopt Resolution No. 2024-11 Identifying a list of projects funded by SB 1: The Road Repair and Accountability Act of 2017 in Fiscal Year 2024/25 Adopt Resolution No. 2024-11, “A Resolution of the City Council of the City of Huntington Beach Adopting a List of Projects for Fiscal Year 2024/25 Funded by SB 1: The Road Repair and Accountability Act of 2017.” Recommended Action: ORDINANCES FOR INTRODUCTION 24-23011.Approve for introduction Ordinance No. 4319 amending Huntington Beach Municipal Code (HBMC) Chapter 13.08 related to activities on Huntington City Beach and in the Beach Activity Zone, and making a finding of exemption under CEQA Approve for introduction Ordinance No. 4319 “An Ordinance of the City Council of the City Recommended Action: Page 4 of 5 5 AGENDA April 2, 2024City Council/Public Financing Authority of Huntington Beach Amending the Huntington Beach Municipal Code by Amending Chapter 13.08 Beach Regulations .” 24-21512.Approve for introduction Ordinance No. 4317 amending Chapter 8.42 of the Huntington Beach Municipal Code relating to the use of police services at loud parties or other activities Approve for introduction Ordinance No. 4317, “An Ordinance of the City Council of the City of Huntington Beach Amending the Huntington Beach Municipal Code by Amending Chapter 8.42 Use of Police Services at Loud Parties or Other Activities.” Recommended Action: ADJOURNMENT The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority is Tuesday, April 16, 2024, 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 5 of 5 6 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:24-233 MEETING DATE:4/2/2024 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Hines (Fawn) v. City of Huntington Beach, et al; OCSC Case No.: 30- 2023-01328667-CU-PO-CJC. City of Huntington Beach Printed on 3/27/2024Page 1 of 1 powered by Legistar™7 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:24-234 MEETING DATE:4/2/2024 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Page (John & Shaya) v. City of Huntington Beach, et al.; OCSC Case No.: 30-2022-01280954. City of Huntington Beach Printed on 3/27/2024Page 1 of 1 powered by Legistar™8 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:24-228 MEETING DATE:4/2/2024 Huntington Beach Police and Fire Chaplain Roger Wing City of Huntington Beach Printed on 3/27/2024Page 1 of 1 powered by Legistar™9 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:24-224 MEETING DATE:4/2/2024 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: Adopt Resolution No. 2024-12 Reciting the Facts of the Special Municipal Election of March 5, 2024, and Declaring Results Statement of Issue: Resolution No. 2024-12 will recite the facts of the Special Municipal Election held in Huntington Beach on the 5th day of March 2024, declaring the results thereof and such other matters as provided by provisions of the City Charter and the Elections Code of the State of California. Financial Impact: None. City Council previously approved a budget appropriation of $459,628 from the FY 2023/24 General Fund to the Elections Account, Business Unit 100100201.69505 - Contract Services on October 17, 2023 to cover the estimated election costs. The City is awaiting receipt of the County’s invoice with final election costs. Recommended Action: Adopt Resolution No. 2024-12, “A Resolution of the City Council of the City of Huntington Beach, California, Reciting the Facts of the Special Municipal Election held on March 5, 2024, Declaring the Results and Such Other Matters as Provided by Law.” Alternative Action(s): None. Analysis: The official ballot from the City’s Special Municipal Election consolidated with the Presidential Primary Election held in the City of Huntington Beach on March 5, 2024, presented to the voters the opportunity to cast votes for three Huntington Beach Charter Amendment Measures, and when qualified, were given the following letters: Measure A: “Shall proposed Charter Amendment No. 1, which provides that commencing in 2026, for all municipal elections, the City: may require Voter Identification for elections; provide more in- City of Huntington Beach Printed on 3/27/2024Page 1 of 2 powered by Legistar™10 File #:24-224 MEETING DATE:4/2/2024 person voting locations; and monitor ballot drop-boxes, be approved?” Measure B: “Shall proposed Charter Amendment No. 2, which provides that the only flags to be displayed by the City on City property are the United States Flag, The State of California Flag, the County of Orange Flag, the City of Huntington Beach Flag, the POW-MIA Flag, the six Armed Forces Flags, the Olympic Flag during the Summer Olympic Games, and any other flag if authorized by a unanimous vote of the City Council, be approved?” Measure C: “Shall proposed Charter Amendment No. 3 to: commencing in 2026, require the City to adopt a two-year budget; update the procedures to cancel a regular City Council meeting; update the process to fill a City Council vacancy; and amend outdated phrases, syntax, dates, pronouns, and titles be approved?” Following is the election outcome for each Charter Amendment Measure: Measure A -PASSED Yes 32,892 No 28,701 Measure B -PASSED Yes 35,231 No 26,358 Measure C -FAILED No 32,157 Yes 28,314 Additional voting statistics are included within Exhibit “A” - Certificate of Registrar of Voters to Result of the Canvass of the Presidential Primary Election Returns to Resolution No. 2024-12, and Abstract of Votes Cast - Huntington Beach (Attachment #2). Environmental Status: Not applicable. Strategic Plan Goal: Non-Applicable - Administrative Item Attachments: 1. Resolution No. 2024-12, “A Resolution of the City Council of the City of Huntington Beach, California, Reciting the Facts of the Special Municipal Election held on March 5, 2024, Declaring the Results and Such Other Matters as Provided by Law,” including Exhibit “A” - Certificate of Registrar of Voters to Result of the Canvass of the Presidential Primary Municipal Election 2. Abstract of Votes Cast - Huntington Beach 3. PowerPoint City of Huntington Beach Printed on 3/27/2024Page 2 of 2 powered by Legistar™11 12 RESOLUTION NO. 2024-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, RECITING THE FACTS OF THE SPECIAL MUNICIPAL ELECTION CONSOLIDATED WITH THE PRESIDENTIAL PRIMARY ELECTION HELD ON MARCH 5, 2024, DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BYLAW WHEREAS, a Special Municipal Election consolidated with the Presidential Primary Election was held and conducted in the City of Huntington Beach, California, on Tuesday, March 5, 2024, as required by law; and WHEREAS, notice of the election was given in time, form and manner as provided by law; that Vote Centers were properly established; that election officers were appointed and that in all respects the election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in time, form and manner as required by the provisions of the Elections Code of the State of California for the holding of elections in charter cities; and WHEREAS, the County Elections Depaiiment canvassed the returns of the election and has ce1iified the results to this City Council, the results are received, attached and made a part hereof as Exhibit "A". NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That the whole number of Vote Center ballots cast for City of Huntington Beach Measure A was 10,489; the whole number of Vote-By-Mail ballots cast for City of Huntington Beach Measure A was 51,104; making a total of 61,593 ballots cast in the City for Measure A. SECTION 2. That the whole number of Vote Center ballots cast for City of Huntington Beach Measure B was 10,481; the whole number of Vote-By-Mail ballots cast for City of Huntington Beach Measure B was 51,108; making a total of 61,589 ballots cast in the City for Measure B. SECTION 3. That the whole number of Vote Center ballots cast for City of Huntington Beach Measure C was 10,323; the whole number of Vote-By-Mail ballots cast for City of Huntington Beach Measure C was 50,148; making a total of 60,471 ballots cast in the City for Measure C. 24-14380/334726 13 SECTION 4. their results, are as follows: RESOLUTION NO. 2024-12 That the measures presented and voted upon at the election, and Measure A-"Shall proposed Charter Amendment No. 1, which provides that commencing in 2026, for all municipal elections, the City: may require Voter Identification for elections; provide more in-person voting locations; and monitor ballot drop-boxes, be approved?" YES NO 32,892 28,701 Measure B -"Shall proposed Charter Amendment No. 2, which provides that the only flags to be displayed by the City on City property are the United States Flag, The State of California Flag, the County of Orange Flag, the City of Huntington Beach Flag, the POW-MIA Flag, the six Armed Forces Flags, the Olympic Flag during the Summer Olympic Games, and any other flag if authorized by a unanimous vote of the City Council, be approved?" YES NO 35,231 26,358 Measure C -"Shall proposed Charter Amendment No. 3 to: commencing in 2026, require the City to adopt a two-year budget; update the procedures to cancel a regular City Council meeting; update the process to fill a City Council vacancy; and amend outdated phrases, syntax, dates, pronouns, and titles be approved?" YES NO SECTION 5. 28,314 32,157 The City Council does declare and determine: That as a result of the election, a majority of voters voting on Measure A, amending the City Charter related to municipal elections, voted in favor of it, and that the Measure passed. That as a result of the election, a majority of voters voting on Measure B, amending the City Charter related to display of flags, voted in favor of it, and that the Measure passed. That as a result of the election, a majority of voters voting on Measure C, amending the City Charter related to the City budget and other administrative procedures, did not vote in favor of it, and that the Measure failed. SECTION 6. The City Clerk shall enter into the records of the City Council of the City, a statement of the results of the election, showing: ( 1) the whole number of Vote Center and Vote-By-Mail ballots cast in the City; (2) the measures voted upon; (3) the number of votes given for and against said measures. SECTION 7. That the City Clerk shall ce1iify to the passage and adoption of this resolution and enter it into the book of original resolutions. 14 RESOLUTION NO. 2024-12 PASSED and ADOPTED by the City Council of the City of Huntington Beach at the regular meeting thereof held on the _ day of _______ , 2024. REVIEWED AND APPROVED: City Manager Mayor INITIATED AND APPROVED: X: ~ u-1~.t:J,u..._...--- -3/45'/4il City Cle?k / Exhibit "A" -Certificate of Registrar of Voters to Result of the Canvass of the Presidential Primary Election Returns 15 Resolution No. 2024-12 Exhibit "A" CERTIFICATE OF REGISTRAR OF VOTERS TO RESULT OF THE CANVASS OF THE PRESIDENTIAL PRIMARY ELECTION RETURNS STA TE OF CALIFORNIA) )ss. COUNTY OF ORANGE ) I, Bob Page , Registrar of Voters of Orange County, do hereby certify the following to be a full , true and correct Statement of the Vote of the election listed below, consolidated with the Presidential Primary Election held on March 5, 2024 . CITY OF HUNTINGTON BEACH MEASURE A YES NO VOTE CENTER BALLOTS CAST : VOTE-BY-MAIL BALLOTS CAST: TOT AL BALLOTS CAST: MEASURE B YES NO VOTE CENTER BALLOTS CAST : VOTE-BY-MAIL BALLOTS CAST: TOTAL BALLOTS CAST : NO YES MEASURE C VOTE CENTER BALLOTS CAST: VOTE-BY-MAIL BALLOTS CAST: TOTAL BALLOTS CAST: 32,892 53.40% 28,701 46 .60% 10,489 51,104 61,593 35,231 57 .20% 26 ,358 42 .80% 10,481 51 ,108 61,589 32 ,157 53.18% 28 ,314 46 .82% 10,323 50,148 60,471 I hereby certify that the number of votes cast for each of the measures is as set forth above and appears in the Certified Statement of the Vote. WITNESS my hand and Official Seal this 22nd day of March , 2024 . BOB PAGE Registrar of Voters Orange County 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Certification of Results March 5, 2024 Special Municipal Election April 2, 2024 34 Charter Amendment Measure A “Shall proposed Charter Amendment No. 1, which provides that commencing in 2026, for all municipal elections, the City: may require Voter Identification for elections; provide more in-person voting locations; and monitor ballot drop-boxes, be approved?” Measure A –PASSED Yes 32,892 No 28,701 35 Charter Amendment Measure B “Shall proposed Charter Amendment No. 2, which provides that the only flags to be displayed by the City on City property are the United States Flag, The State of California Flag, the County of Orange Flag, the City of Huntington Beach Flag, the POW- MIA Flag, the six Armed Forces Flags, the Olympic Flag during the Summer Olympic Games, and any other flag if authorized by a unanimous vote of the City Council, be approved?” Measure B –PASSED Yes 35,231 No 26,358 36 Charter Amendment Measure C “Shall proposed Charter Amendment No. 3 to: commencing in 2026, require the City to adopt a two- year budget; update the procedures to cancel a regular City Council meeting; update the process to fill a City Council vacancy; and amend outdated phrases, syntax, dates, pronouns, and titles be approved?” Measure C –FAILED No 32,157 Yes 28,314 37 Recommendation: Adopt Resolution No. 2024-12, “A Resolution of the City Council of the City of Huntington Beach, California, Reciting the Facts of the Special Municipal Election held on March 5, 2024, Declaring the Results and Such Other Matters as Provided by Law.” 38 Questions? 39 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:24-226 MEETING DATE:4/2/2024 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 dated March 19, 2024, require review and approval. Financial Impact: None. Recommended Action: Approve and adopt the City Council/Public Financing Authority regular meeting minutes of March 19, 2024. 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. CC/PFA regular meeting minutes of March 19, 2024 City of Huntington Beach Printed on 3/27/2024Page 1 of 1 powered by Legistar™40 Minutes City Council/Public Financing Authority City of Huntington Beach Tuesday, March 19, 2024 3:30 PM - Council Chambers 6:00 PM - Council Chambers Civic Center, 2000 Main Street Huntington Beach, California 92648 A video recording of the 3:30 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/ 3:30 PM — COUNCIL CHAMBERS CALLED TO ORDER ROLL CALL Present: Moser (arrived at 3:35 pm), Bolton, Burns, Van Der Mark, Strickland, McKeon, and Kalmick Absent: None CITY COUNCIL MEMBER COMMENTS (3-Minute Time Limit) Councilmember Strickland spoke regarding housing mandates and laws, discussed the potential benefits of a statewide residential rent control ballot initiative in November 2024, and urged the Council to consider endorsement of this future initiative; Councilmember Bolton questioned the Council’s ability to take a formal position on a state initiative, and acknowledged the City of Huntington Beach and Huntington Beach Tree Society California Arbor Day on March 10 with the 11th Annual Arbor Day tree planting project, and the holy celebration of Ramadan March 10 through April 9, 2024. Mayor Van Der Mark announced new procedures for Public Speakers beginning with the April 2, 2024, City Council Meeting: Request to Speak forms can only be turned in starting 30 minutes before the meeting starts up until Public Comments begin; supporting presentation or audio/visual materials must be submitted to staff at PublicPresentations@huntingtonbeachca.gov no later than 9 AM on the meeting date; and members of the audience and public speakers shall not wear or display signs that obstruct the view of other audience members. All signs must be held and may not be placed in adjacent seats or other common areas. ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS PERTAINING TO STUDY AND/OR CLOSED SESSION ITEMS (Received After Agenda Distribution) Pursuant to the Brown "Open Meetings" Act, City Clerk Robin Estanislau announced supplemental communications that were received by her office following distribution of the Council Agenda packet which were all uploaded to the City's website and Councilmember iPads. Study Session Item #2 (2 email communications). 41 Council/PFA Regular Minutes March 19, 2024 Page 2 of 25 PUBLIC COMMENTS PERTAINING TO STUDY AND/OR CLOSED SESSION ITEMS (3-Minute Time Limit) — 3 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. Kathryn Levassiur, resident of Huntington Beach and Huntington Beach Short Term Rental Alliance Founder, was called to speak and advocated for expanding the Short-Term Rental (STR) ordinance to include both hosted and non-hosted STRs in Huntington Beach and Sunset Beach. (00:13:49) Terry Hudgins was called to speak and shared his opinion that the supporting document presented for this item is missing important data for the analysis, and requested more time be allowed to look at the annual cycle. He stated support for including non-hosted STRs in Huntington Beach and Sunset Beach. (00:15:25) Twyla Hudgins, Huntington Beach resident, was called to speak and thanked Mayor Van Der Mark and Councilmembers for their outstanding service. (00:17:43) STUDY SESSION 1. 24-141 Held Joint Study Session of the Citizen Participation Advisory Board (CPAB) and City Council to review funding recommendations for the Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) programs for 2024-25 CPAB Roll Call: Present: Chair Jackson, Vice Chair Paris, Secretary Hammel; Board Members Hoskinson, and Inouye (arrived at 3:48 pm) Absent: Board Member Lachman Charles Kovac, Housing Manager, along with Gregg Hoang, Senior Housing Analyst, presented a PowerPoint communication titled Joint Study Session of the City Council and Citizen Participation Advisory Board with slides entitled: Background, 2024-25 Estimated Funding Levels, Schedule, Public Participation, CDBG Objectives, CDBG Local Priority Objectives, CDBG Allocations, CDBG Public Services, CDBG Administration, CDBG Capital & Housing Preservation Projects, HOME Program Objectives, HOME Local Priority Objectives, HOME Allocations (2), Available HOME Admin, and Mobile Home TBRA Update. Councilmember Moser and Housing Manager Kovac discussed possible reasons for the reduced number of non-profit applications that were received this year. Councilmember Moser expressed appreciation to the Huntington Beach Council on Aging for partnering with the City to assist additional residents. She confirmed that the reserves are significantly higher this year compared to last year because of the carryover. 2. 24-185 Short—Term Rental (STR) Program Updated Steve Holtz, Deputy Director of Community Development, introduced Jimmy Hoang, Code Enforcement Manager, and Sokar Kong, Permit and Plan Check Supervisor, Kim Engle, Finance Department Business License Supervisor, Joyce Zacks, Deputy City Treasurer and Colin Stevens, Treasury Manager. Director Holtz presented a PowerPoint communication titled Short Term Rental Program Update, with slides entitled: Background (2), Roles & Responsibilities, Hosted & Un-hosted STR Permits (by calendar year), Permitted Short-Term Rentals, STR Revenue, City STR TOT Revenue by Calendar 42 Council/PFA Regular Minutes March 19, 2024 Page 3 of 25 Year, Unpermitted STRs, STR Complaints Against Permit Holders, Complaint Detail, Enforcement, and Summary. Councilmember McKeon and Deputy City Treasurer Zacks discussed that an STR's average daily rate is determined solely on reports submitted and follows the honor system which is also used with the hotels. Councilmember Kalmick stated it appears to him this effort is chasing after permitting issues rather than nuisance issues and requested more detail on whether the no permit issue is linked to the noise issue. He also asked for staff recommendations regarding small steps that could be taken to address the high number of STRs along the coastal area in anticipation of the California Coastal Commission possibly addressing this situation. Councilmember Kalmick shared his opinion that the focus should be directed to ensuring unlicensed operators become licensed and thereby reducing Code Enforcement time, and asked that staff return with some proposed policy changes that could increase revenue. Councilmember Bolton confirmed with staff that the California Coastal Commission (CCC) has not recently issued any new changes to their short-term rental stance, however it appears this past year the CCC has had a shift in understanding the priority for housing as a land use in the coastal zone in response to state legislation. Councilmember Moser asked that staff look for new best practice options that may be available to determine average daily rates since the program was originally implemented. Mayor Pro Tem Burns and Police Chief Parra discussed procedures when Police Officers are called to nuisance situations where unlicensed STRs may be suspected and reported to Code Enforcement. Manager Hoang confirmed that suspected violations are followed up the following day. Councilmember McKeon clarified with Deputy City Treasurer Zacks that hotels and STRs report their revenue on the honor system, subject to a three-year cycle audit currently being used for hotels but not yet utilized for STRs. Staff confirmed the issues Councilmembers would like to see addressed in a couple of months related to STRs: additional Code Enforcement tools; potential revenue increase in Coastal and surrounding areas; determining if there is a link between noise complaints and un-hosted STRs; and revenue audits. RECESSED TO CLOSED SESSION — 4:21 PM A motion was made by Burns with a second by McKeon to recess to Closed Session. CLOSED SESSION 3. 24-199 CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: 21 & 22 Main Street, Huntington Beach, CA 92648. City Negotiators: Eric Parra, Acting City Manager; Travis Hopkins, Assistant City Manager; Kriss Casanova, Economic Development Manager; Steve Holtz, Deputy Director of Community Development; Jennifer Villasenor, Director of Community Development. Negotiating parties: Persons to be negotiated with: (Not Present) Surf City Partners, LLC. Under negotiation: Price and terms of payment. 4. 24-179 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). People of the State of California/Bonta v. City of Huntington Beach/Zelinka; Case No. 30-2023-01312235-CU-WM-CJC. 43 Council/PFA Regular Minutes March 19, 2024 Page 4 of 25 5. 24-200 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Pacific Airshow, LLC v. City of Huntington Beach and Kim Carr; OCSC Case No. 30-2022-01287749. 6. 24-201 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Clayton-Tarvin (Gina) v. City of Huntington Beach, Michael Gates, et al.; OCSC Case No.: 30-2023-01329927 7. 24-207 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Timothy Emanuel v. City of Huntington; Worker’s Compensation No. COHB-22-0241. 6:00 PM — COUNCIL CHAMBERS RECONVENED CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING — 6:00 PM ROLL CALL Present: Moser, Bolton, Burns, Van Der Mark, Strickland, McKeon, and Kalmick Absent: None PLEDGE OF ALLEGIANCE — Led by Councilmember McKeon 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. 8. 24-196 Huntington Beach Police Chaplain James Pike CLOSED SESSION REPORT BY CITY ATTORNEY — None Mayor Van Der Mark announced new procedures for Public Speakers beginning with the April 2, 2024, City Council Meeting: Request to Speak forms can only be turned in starting 30 minutes before the meeting starts up until Public Comments begin; supporting presentation or audio/visual materials must be submitted to staff at PublicPresentations@huntingtonbeachca.gov no later than 9 AM on the meeting date; and members of the audience and public speakers shall not wear or display signs that obstruct the view of other audience members. All signs must be held and may not be placed in adjacent seats or other common areas. AWARDS AND PRESENTATIONS 9. 24-191 Automobile Club of Southern California (AAA) and California Highway Patrol (CHP) presented Auto Theft Recovery Award to Huntington Beach Police Officer K. Ladjimi Representatives from the Automobile Club of Southern California (AAA) and California Highway Patrol (CHP) acknowledged Huntington Beach Police Officer K. Ladjimi for his outstanding efforts to combat auto thefts. The recipient of the Auto Theft Recovery Award must have six separate arrests involving rolling stolen vehicles, or recovery of 12 vehicles with at least three being rolling stolen vehicles; or 44 Council/PFA Regular Minutes March 19, 2024 Page 5 of 25 development of information which uncovers a theft ring with two or more suspects and at least ten recovered stolen vehicles. Officer Ladjimi recovered six rolling stolen vehicles, an additional six abandoned stolen vehicles, and the arrest of six suspects from November 4, 2022 , through November 4, 2023. ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) Pursuant to the Brown "Open Meetings" Act, City Clerk Robin Estanislau announced supplemental communications that were received by her office following distribution of the Council Agenda packet which were all uploaded to the City's website and Councilmember iPads. Council Committee Appointment Announcements Item #10 (2 email communications); Consent Calendar Items #13 (a memorandum received from Council Policy Analyst and 2 email communications), #14 (2 email communications), #15 (2 email communications), #16 (1 staff memorandum and 1 email communication); Administrative Items #22 (1 letter from President of Teamsters Local 911, 1 letter from General Manager of Orange County Employees Association on behalf of the Huntington Beach Management Employees Organization and 598 email communications), #23 (4 email communications); Ordinance for Introduction Item #24 (100 email communications); and Council Member Items #26 (1 letter from Regional Public Affairs Manager, Orange County Division of the League of California Cities and 16 email communications). PUBLIC COMMENTS (90-Second Time Limit due to the number of speakers) — 103 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. Unnamed Speaker was called to speak and shared her opinions on recent Councilmember activities. (01:12:39) Nancy Curtis, Huntington Beach resident, was called to speak and stated her opinions on Administrative Items #22 regarding a request for proposals for Managed Library Services for the Huntington Beach Public Library system. (01:14:33) Barbara Richardson, 51-year Huntington Beach resident, was called to speak and stated opposition to Administrative Items #22 regarding a request for proposals for Managed Library Services for the Huntington Beach Public Library system. (01:16:19) Tracy Rizzo, City of Huntington Beach employee, was called to speak and stated opposition to Administrative Items #22 regarding a request for proposals for Managed Library Services for the Huntington Beach Public Library system. (01:17:37) Aaron Herrera, City of Huntington Beach employee, was called to speak and stated opposition to Administrative Items #22 regarding a request for proposals for Managed Library Services for the Huntington Beach Public Library system. (01:18:48) Shirley Dettloff, Former Mayor, was called to speak and stated opposition to Administrative Items #22 regarding a request for proposals for Managed Library Services for the Huntington Beach Public Library system. (01:20:24) Cathey Ryder, 39-year Huntington Beach homeowner and voter, was called to speak and shared her support for Protect HB voter activism. (01:21:48) 45 Council/PFA Regular Minutes March 19, 2024 Page 6 of 25 Paul Horgan, Huntington Beach resident, was called to speak and stated opposition to Administrative Items #22 regarding a request for proposals for Managed Library Services for the Huntington Beach Public Library system. (01:23:08) Diane Fiorita Brenes, seven-year City of Huntington Beach employee, was called to speak and stated opposition to Administrative Items #22 regarding a request for proposals for Managed Library Services for the Huntington Beach Public Library system. (01:24:39) Flossie Horgan, Huntington Beach resident, was called to speak and described Administrative Items #22 regarding a request for proposals for Managed Library Services for the Huntington Beach Public Library system, Ordinances for Introduction Item #24 relating to the Community-Parent Guardian Review Board for Review of Procurement of Children's Library Material and Council Member Items #25 regarding withdrawal from the League of California Cities as insane ideas, in her opinion. (01:26:18) Bart Magrath, sponsor of the annual HB Concours d' Elegance to benefit Huntington Beach Library Children's Resource Programs, was called to speak and stated opposition to Administrative Items #22 regarding a request for proposals for Managed Library Services for the Huntington Beach Public Library system. (01:27:25) Wendy Rincon, 50-year Huntington Beach resident and HB Banned Book Story Time Leader, was called to speak and stated opposition to Administrative Items #22 regarding a request for proposals for Managed Library Services for the Huntington Beach Public Library system. (01:30:17) Grant Rincon, life-long Huntington Beach resident, was called to speak and stated opposition to Administrative Items #22 regarding a request for proposals for Managed Library Services for the Huntington Beach Public Library system. (01:31:26) Gretchen Erickson, 22+-year Huntington Beach resident, City of Huntington Beach employee and Huntington Beach Municipal Teamsters Chief Steward, was called to speak and stated opposition to Administrative Items #22 regarding a request for proposals for Managed Library Services for the Huntington Beach Public Library system. (01:33:07) Michelle Ferry, 50-year patron of Huntington Beach Public Library, was called to speak and stated opposition to Administrative Items #22 regarding a request for proposals for Managed Library Services for the Huntington Beach Public Library system. (01:34:35) Debra Jubinsky, 35-year Huntington Beach resident, City of Huntington Beach employee, Huntington Beach Management Employees Organization Board President, and library patron, was called to speak and stated opposition to Administrative Items #22 regarding a request for proposals for Managed Library Services for the Huntington Beach Public Library system. (01:36:20) Debbie Cook, Former Mayor, was called to speak and shared her opinions related to Administrative Items #22 regarding a request for proposals for Managed Library Services for the Huntington Beach Public Library system. (01:37:41) Don McGee, 23-year Huntington Beach resident, immigrant, veteran and small business owner, was called to speak and stated support for Administrative Items #22 regarding a request for proposals for Managed Library Services for the Huntington Beach Public Library system. (01:38:58) 46 Council/PFA Regular Minutes March 19, 2024 Page 7 of 25 Barbara Snider, Retired Public Librarian and Library Consultant, was called to speak and stated opposition to Administrative Items #22 regarding a request for proposals for Managed Library Services for the Huntington Beach Public Library system. (01:40:43) Delaine Bailey, Huntington Beach resident, was called to speak and shared her opinions regarding the Huntington Beach election process, past and present. (01:42:09) Linda Diaz, 35-year Huntington Beach resident, was called to speak and stated opposition to Administrative Items #22 regarding a request for proposals for Managed Library Services for the Huntington Beach Public Library system. (01:43:50) Alethea Bean was called to speak and stated opposition to Administrative Items #22 regarding a request for proposals for Managed Library Services for the Huntington Beach Public Library system. (01:46:02) Unnamed Speaker, a Huntington Beach High School student, was called to speak and stated opposition to Administrative Items #22 regarding a request for proposals for Managed Library Services for the Huntington Beach Public Library system. (01:47:46) Eve Hazard was called to speak and stated opposition to Administrative Items #22 regarding a request for proposals for Managed Library Services for the Huntington Beach Public Library system and Ordinances for Introduction Item #24 relating to the Community-Parent Guardian Review Board for review of procurement of children's library material. (01:49:13) Cecilia Pham was called to speak and stated opposition to Administrative Items #22 regarding a request for proposals for Managed Library Services for the Huntington Beach Public Library system. (01:51:00) Briana Lee was called to speak and stated opposition to Administrative Items #22 regarding a request for proposals for Managed Library Services for the Huntington Beach Public Library system. (01:52:36) Julie Bixby, Huntington Beach resident and 38-year City of Huntington Beach employee, was called to speak and stated opposition to Administrative Items #22 regarding a request for proposals for Managed Library Services for the Huntington Beach Public Library system. (01:54:15) Urson Russell was called to speak and shared his opinions on Huntington Beach voting and appropriate books for the children's section of public libraries. (01:55:59) Pablo Aspas, Huntington Beach resident and library patron, was called to speak and stated opposition to Administrative Items #22 regarding a request for proposals for Managed Library Services for the Huntington Beach Public Library system. (01:57:53) Perry Meade was called to speak and stated opposition to Administrative Items #22 regarding a request for proposals for Managed Library Services for the Huntington Beach Public Library system. (01:59:43) TJ England was called to speak and stated opposition to Administrative Items #22 regarding a request for proposals for Managed Library Services for the Huntington Beach Public Library system and Ordinances for Introduction Item #24 relating to the Community-Parent Guardian Review Board for review of procurement of children's library material. (02:01:47) Michael Craigs, 8-year Huntington Beach resident, was called to speak and stated opposition to Administrative Items #22 regarding a request for proposals for Managed Library Services for the Huntington Beach Public Library system and Ordinances for Introduction Item #24 relating to the 47 Council/PFA Regular Minutes March 19, 2024 Page 8 of 25 Community-Parent Guardian Review Board for review of procurement of children's library material. (02:03:34) Andrew Einhorn, Huntington Beach resident, was called to speak and stated opposition to Administrative Items #22 regarding a request for proposals for Managed Library Services for the Huntington Beach Public Library system. (02:05:18) Melissa Ronning, Huntington Beach resident and City of Huntington Beach employee, was called to speak and stated opposition to Administrative Items #22 regarding a request for proposals for Managed Library Services for the Huntington Beach Public Library system. (02:06:54) April Lammers, Huntington Beach resident, parent, and City of Huntington Beach employee, was called to speak and stated opposition to Administrative Items #22 regarding a request for proposals for Managed Library Services for the Huntington Beach Public Library system. (02:08:38) Laura Jenkins, City of Huntington Beach employee, was called to speak and stated opposition to Administrative Items #22 regarding a request for proposals for Managed Library Services for the Huntington Beach Public Library system. (02:10:06) Carlos Rubio, Teamsters Local 911 President, was called to speak and stated opposition to Administrative Items #22 regarding a request for proposals for Managed Library Services for the Huntington Beach Public Library system. (02:11:48) Joan Gillinger, long-time Huntington Beach resident, was called to speak and stated opposition to Administrative Items #22 regarding a request for proposals for Managed Library Services for the Huntington Beach Public Library system. (02:13:34) Amy Crepeau, 27-year City of Huntington Beach employee, was called to speak and stated opposition to Administrative Items #22 regarding a request for proposals for Managed Library Services for the Huntington Beach Public Library system. (02:15:18) Unnamed Speaker was called to speak and stated opposition to Ordinances for Introduction Item #24 relating to the Community-Parent Guardian Review Board for review of procurement of children's library material. (02:17:05) Lee Olney, Huntington Beach homeowner since 1987, was called to speak and stated opposition to Administrative Items #22 regarding a request for proposals for Managed Library Services for the Huntington Beach Public Library system. (02:18:45) Roger Noor was called to speak and stated his opposition to the proposed water rate increase. (02:20:32) Nora Pedersen, 37-year Huntington Beach resident, was called to speak and stated opposition to Administrative Items #22 regarding a request for proposals for Managed Library Services for the Huntington Beach Public Library system. (02:23:23) Erin Johnston, 14-year Huntington Beach resident and parent, was called to speak and stated opposition to Administrative Items #22 regarding a request for proposals for Managed Library Services for the Huntington Beach Public Library system. (02:25:00) 48 Council/PFA Regular Minutes March 19, 2024 Page 9 of 25 Laurence Elfenbein, 22-year Huntington Beach resident, was called to speak and stated opposition to Administrative Items #22 regarding a request for proposals for Managed Library Services for the Huntington Beach Public Library system. (02:26:41) Unnamed Speaker was called to speak and stated opposition to Administrative Items #22 regarding a request for proposals for Managed Library Services for the Huntington Beach Public Library system and Ordinances for Introduction Item #24 relating to the Community-Parent Guardian Review Board for review of procurement of children's library material. (02:28:26) Kanan Durham, Pride at the Pier Executive Director, was called to speak and shared the purpose and goals of his non-profit for the benefit of the queer residents of Huntington Beach. (02:30:07) Ann Palmer was called to speak and shared her concerns about Administrative Items #22 regarding a request for proposals for Managed Library Services for the Huntington Beach Public Library system. (02:31:43) Akemi Royer, a life-long Huntington Beach resident and City of Huntington Beach employee, was called to speak and stated opposition to Administrative Items #22 regarding a request for proposals for Managed Library Services for the Huntington Beach Public Library system. (02:33:25) Mary Cusumano was called to speak and shared how important the Huntington Beach Public Library free services are for her efforts at becoming a productive member of the community, and asked Councilmembers to ensure continuation of those services with whatever decision they make for Administrative Items #22 regarding a request for proposals for Managed Library Services for the Huntington Beach Public Library system. (02:35:00) Carol Daus, 30-year Huntington Beach resident, was called to speak and stated opposition to Administrative Items #22 regarding a request for proposals for Managed Library Services for the Huntington Beach Public Library system and Ordinances for Introduction Item #14 relating to the Community-Parent Guardian Review Board for review of procurement of children's library material. (02:36:02) Kari Johnson, City of Huntington Beach employee and recent recipient of the Mayor's HB Excellence Award, was called to speak and stated opposition to Administrative Items #22 regarding a request for proposals for Managed Library Services for the Huntington Beach Public Library system. (02:37:51) Dina Chavez was called to speak and stated opposition to Administrative Items #22 regarding a request for proposals for Managed Library Services for the Huntington Beach Public Library system. (02:39:44) Anne Borren, 33-year Huntington Beach resident, was called to speak and shared her personal experience of being asked by the Orange County Register of Voters office to re-register and noted she was not asked for any identification during the process. (02:40:52) Paula Schaefer, a resident of Huntington Beach since the early 1990s, was called to speak and shared her concerns regarding the apparent effort of the Council majority to minimize contact with its constituents. (02:43:08) Harry McLachlan, Huntington Beach resident, was called to speak and stated opposition to Administrative Items #22 regarding a request for proposals for Managed Library Services for the Huntington Beach Public Library system and Ordinances for Introduction Item #24 relating to the 49 Council/PFA Regular Minutes March 19, 2024 Page 10 of 25 Community-Parent Guardian Review Board for review of procurement of children's library material. (02:44:57) Grey Dowdy, a college student studying to become a librarian, was called to speak and stated opposition to Administrative Items #22 regarding a request for proposals for Managed Library Services for the Huntington Beach Public Library system and Ordinances for Introduction Item #24 relating to the Community-Parent Guardian Review Board for review of procurement of children's library material. (02:46:39) Christopher Rini, Huntington Beach native and Central Library Volunteer, was called to speak and stated opposition to Administrative Items #22 regarding a request for proposals for Managed Library Services for the Huntington Beach Public Library system. (02:48:03) Unnamed Speaker was called to speak and stated opposition to Administrative Items #22 regarding a request for proposals for Managed Library Services for the Huntington Beach Public Library system. (02:49:42) Unnamed Speaker was called to speak and stated opposition to Administrative Items #22 regarding a request for proposals for Managed Library Services for the Huntington Beach Public Library system and Ordinances for Introduction Item #24 relating to the Community-Parent Guardian Review Board for review of procurement of children's library material. (02:50:46) Larry Slonim, 44-year Huntington Beach resident, was called to speak and stated opposition to Administrative Items #22 regarding a request for proposals for Managed Library Services for the Huntington Beach Public Library system, #23 regarding Fiscal Year 2023/24 Budget Update and Mid- Year Budget Adjustments, and Ordinances for Introduction Item #24 relating to the Community Parent Guardian Review Board for review of procurement of children's library material. (02:51:49) Amory Hanson was called to speak and stated support for Council Member Items #25 regarding Councilmember McKeon's request for withdrawal from the League of California Cities. (02:53:18) Dana Lee, life-long Huntingtin Beach resident and City of Huntington Beach employee, was called to speak and stated opposition to Administrative Items #22 regarding a request for proposals for Managed Library Services for the Huntington Beach Public Library system and Ordinances for Introduction Item #24 relating to the Community-Parent Guardian Review Board for review of procurement of children's library material. (02:54:24) Ken Inouye, 50-year Huntington Beach resident, was called to speak and stated opposition to Administrative Items #22 regarding a request for proposals for Managed Library Services for the Huntington Beach Public Library system and asked that City Attorney Michael Gates take whatever actions are necessary to protect the City of Huntington Beach from any damages that may be caused by the Pacific Air Show. (02:56:35) Mason Creyaufmiller was called to speak and stated opposition to Administrative Items #22 regarding a request for proposals for Managed Library Services for the Huntington Beach Public Library system. (02:57:50) Unnamed Speaker, mother of Mason Creyaufmiller, was called to speak and stated opposition to Administrative Items #22 regarding a request for proposals for Managed Library Services for the Huntington Beach Public Library system. (02:59:35) 50 Council/PFA Regular Minutes March 19, 2024 Page 11 of 25 Diane Bentley was called to speak and stated opposition to Administrative Items #22 regarding a request for proposals for Managed Library Services for the Huntington Beach Public Library system. (03:01:16) Sue Welfringer was called to speak and stated opposition to Administrative Items #22 regarding a request for proposals for Managed Library Services for the Huntington Beach Public Library system and Ordinances for Introduction Item #24 relating to the Community-Parent Guardian Review Board for review of procurement of children's library material. (03:02:49) Stephanie Camacho-Vandyke, Advocacy and Education Senior Director, LGBTQ Center OC, was called to speak and stated opposition to Administrative Items #22 regarding a request for proposals for Managed Library Services for the Huntington Beach Public Library system and Ordinances for Introduction Item #24 relating to the Community-Parent Guardian Review Board for review of procurement of children's library material. (03:04:34) Ed "Butch" Twining, 58-year Huntington Beach resident, was called to speak and stated support for Council Member Item #25 regarding Councilmember McKeon's request for withdrawal from the League of California Cities and shared his opinion on Councilmember Kalmick's editorial piece in today's Orange County Register. (03:05:56) Tomi Simmons, Orange County Poetry Slam, was called to speak and stated opposition to Administrative Items #22 regarding a request for proposals for Managed Library Services for the Huntington Beach Public Library system. (03:07:24) Chad Williams, Huntington Beach born and raised, and Council Candidate in November 2024, was called to speak and stated support for Administrative Items #22 regarding a request for proposals for Managed Library Services for the Huntington Beach Public Library system. (03:08:33) Mabel Mignano was called to speak and shared her dismay at learning a parent must accompany her to see some of the children's books that have been moved at the library. (03:10:22) Samuel Gunther, Huntington Beach resident, was called to speak and stated opposition to Administrative Items #22 regarding a request for proposals for Managed Library Services for the Huntington Beach Public Library system and Ordinances for Introduction Item #24 relating to the Community-Parent Guardian Review Board for review of procurement of children's library material. (03:12:11) Linda Moon, 50-year resident, homeowner, business owner and library patron, was called to speak and stated opposition to Administrative Items #22 regarding a request for proposals for Managed Library Services for the Huntington Beach Public Library system, Ordinances for Introduction Item #24 relating to the Community-Parent Guardian Review Board for review of procurement of children's library material and Council Member Item #25 regarding Councilmember McKeon's request for withdrawal from the League of California Cities. (03:13:57) Kerensa Schupmann, Orange County Employees' Association Labor Relations Representative, was called to speak and stated opposition to Administrative Items #22 regarding a request for proposals for Managed Library Services for the Huntington Beach Public Library system. (03:15:33) Tory D. Johnson, 13-year Huntington Beach resident, was called to speak and stated opposition to Administrative Items #22 regarding a request for proposals for Managed Library Services for the Huntington Beach Public Library system. (03:17:05) 51 Council/PFA Regular Minutes March 19, 2024 Page 12 of 25 Carol Kanode, 50-year Huntington Beach resident, was called to speak and stated opposition to Administrative Items #22 regarding a request for proposals for Managed Library Services for the Huntington Beach Public Library system. (03:18:20) Yvonne Gonzalez Duncan, 34-year Huntington Beach homeowner, was called to speak and stated opposition to Administrative Items #22 regarding a request for proposals for Managed Library Services for the Huntington Beach Public Library system and Ordinances for Introduction Item #24 relating to the Community-Parent Guardian Review Board for review of procurement of children's library material. (03:19:57) Jiguesh Padhiar, life-long Huntington Beach resident for 33 years, was called to speak, expressed his appreciation for the service of Mayor Van Der Mark, congratulated Councilmember Strickland for being acknowledged as GOP Councilmember of the Year, stated support for more control and regulation over library material available for children, and his support for the recent success of Measure B. (03:21:50) Connor Medina, League of California Cities Orange County Division, Regional Public Affairs Manager, was called to speak and stated opposition to Council Member Items #25 regarding Councilmember McKeon's request for withdrawal from the League of California Cities. (03:23:58) Connie Boardman, Former Mayor and Councilmember, was called to speak and stated opposition to Administrative Items #22 regarding a request for proposals for Managed Library Services for the Huntington Beach Public Library system and Ordinances for Introduction Item #24 relating to the Community-Parent Guardian Review Board for review of procurement of children's library material. (03:25:46) Unnamed Speaker was called to speak and stated opposition to Administrative Items #22 regarding a request for proposals for Managed Library Services for the Huntington Beach Public Library system and Ordinances for Introduction Item #24 relating to the Community-Parent Guardian Review Board for review of procurement of children's library material. (03:27:19) Tim Geddes was called to speak and stated opposition to Administrative Items #22 regarding a request for proposals for Managed Library Services for the Huntington Beach Public Library system and Ordinances for Introduction Item #24 relating to the Community-Parent Guardian Review Board for review of procurement of children's library material. (03:28:53) Cooper was called to speak and stated opposition to Administrative Items #22 regarding a request for proposals for Managed Library Services for the Huntington Beach Public Library system and Ordinances for Introduction Item #24 relating to the Community-Parent Guardian Review Board for review of procurement of children's library material. (03:30:14) Marcus Herring, Sunset Beach resident, was called to speak and stated opposition to Administrative Items #22 regarding a request for proposals for Managed Library Services for the Huntington Beach Public Library system. (03:31:53) Russ Neal, Huntington Beach resident, was called to speak and stated support for Consent Calendar Item #13 regarding AB 1999 (Irwin) Electricity: fixed charges, AB 1773 and AB 1774 (Dixon) e-bikes; Administrative Items #22 regarding a request for proposals for Managed Library Services for the Huntington Beach Public Library system; Ordinances for Introduction Item #24 relating to the Community-Parent Guardian Review Board for review of procurement of children's library material; and Council Member Items #25 regarding Councilmember McKeon's request to withdraw from the League of California Cities. (03:33:39) 52 Council/PFA Regular Minutes March 19, 2024 Page 13 of 25 Mayor Pro Tem Burns called for a brief recess because of disrespect shown by audience members trying to shout down speakers at the podium. Mayor Van Der Mark reconvened the meeting once order was restored. Mary Jo Baretich, 41-year Huntington Beach resident, was called to speak and shared her concerns and questions regarding Council Member Items #25 regarding Councilmember McKeon's request to withdraw from the League of California Cities. (03:36:53) Xandra Ewing, life-long Huntington Beach resident, was called to speak and stated opposition to Administrative Items #22 regarding a request for proposals for Managed Library Services for the Huntington Beach Public Library system and Ordinances for Introduction Item #24 relating to the Community-Parent Guardian Review Board for review of procurement of children's library material. (03:38:25) Michael Keane, life-long Huntington Beach resident and library patron, was called to speak and stated opposition to Administrative Items #22 regarding a request for proposals for Managed Library Services for the Huntington Beach Public Library system and Ordinances for Introduction Item #24 relating to the Community-Parent Guardian Review Board for review of procurement of children's library material. (03:40:10) Robby Wittkamm was called to speak and stated opposition to Administrative Items #22 regarding a request for proposals for Managed Library Services for the Huntington Beach Public Library system. (03:41:52) Kathryn Goddard was called to speak and stated opposition to Administrative Items #22 regarding a request for proposals for Managed Library Services for the Huntington Beach Public Library system. (03:43:39) Lindsay Klick, 20-year Huntington Beach resident, parent and Orange County Children's Librarian, was called to speak and stated opposition to Administrative Items #22 regarding a request for proposals for Managed Library Services for the Huntington Beach Public Library system and Ordinances for Introduction Item #24 relating to the Community-Parent Guardian Review Board for review of procurement of children's library material. (03:45:21) Unnamed Speaker was called to speak and shared his opinions on the people expressing opposition to Administrative Items #22 regarding a request for proposals for Managed Library Services for the Huntington Beach Public Library system and Ordinances for Introduction Item #24 relating to the Community-Parent Guardian Review Board for review of procurement of children's library material. (03:47:07) Mark Sheldon, 30+-year Huntington Beach resident and Former Huntington Beach Environmental Board Chair, was called to speak and stated his opposition to Administrative Items #22 regarding a request for proposals for Managed Library Services for the Huntington Beach Public Library system and shared his concerns related to Brown Act "Open Meetings" requirements for Ordinances for Introduction Item #24 relating to the Community-Parent Guardian Review Board for review of procurement of children's library material. (03:49:10) 53 Council/PFA Regular Minutes March 19, 2024 Page 14 of 25 Ian Westerbeck was called to speak and stated opposition to Administrative Items #22 regarding a request for proposals for Managed Library Services for the Huntington Beach Public Library system. (03:51:23) Unnamed Speaker, a life-long Huntington Beach resident, was called to speak and stated opposition to Administrative Items #22 regarding a request for proposals for Managed Library Services for the Huntington Beach Public Library system. (03:52:39) Michael Selna, 50-year Huntington Beach resident, was called to speak and stated opposition to Administrative Items #22 regarding a request for proposals for Managed Library Services for the Huntington Beach Public Library system. (03:54:02) Jerry Donohue, 50-year Huntington Beach resident, was called to speak and stated opposition to Administrative Items #22 regarding a request for proposals for Managed Library Services for the Huntington Beach Public Library system. (03:55:47) Stacy Mignano, 21-year Huntington Beach resident and parent of Mabel who spoke earlier, was called to speak and stated opposition to Administrative Items #22 regarding a request for proposals for Managed Library Services for the Huntington Beach Public Library system and Ordinances for Introduction Item #24 relating to the Community-Parent Guardian Review Board for review of procurement of children's library material. (03:57:07) Unnamed Speaker was called to speak and stated opposition to Administrative Items #22 regarding a request for proposals for Managed Library Services for the Huntington Beach Public Library system and Ordinances for Introduction Item #24 relating to the Community-Parent Guardian Review Board for review of procurement of children's library material. (03:58:15) John B Heilman IV was called to speak and stated opposition to Administrative Items #22 regarding a request for proposals for Managed Library Services for the Huntington Beach Public Library system and Ordinances for Introduction Item #24 relating to the Community-Parent Guardian Review Board for review of procurement of children's library material. (03:59:45) Sonia was called to speak and stated opposition to Administrative Items #22 regarding a request for proposals for Managed Library Services for the Huntington Beach Public Library system. (04:01:17) COUNCIL COMMITTEE APPOINTMENT ANNOUNCEMENTS 10. 24-204 Approved amendment to Mayor Van Der Mark’s 2024 Council Liaison List — March 2024 A motion was made by Strickland, second Burns, as recommended by the City Council, Public Financing Authority, Housing Authority, Parking Authority, and Successor Agency: to approve amendment to the 2024 Council Liaison List that includes appointments to citizen boards, commissions, committees, and task forces as presented by Mayor Van Der Mark. The motion carried by the following roll call vote: AYES: Burns, Van Der Mark, Strickland, and McKeon NOES: Moser, Bolton, and Kalmick AB 1234 REPORTING — None 54 Council/PFA Regular Minutes March 19, 2024 Page 15 of 25 OPENNESS IN NEGOTIATION DISCLOSURES — None CITY MANAGER’S REPORT — None CONSENT CALENDAR (Items 11 - 21) Councilmember Moser pulled Item #12 for further discussion. City Clerk 11. 24-182 Approved and Adopted Minutes A motion was made by Strickland, second Van Der Mark to approve and adopt the City Council/Public Financing Authority regular meeting minutes of February 20, 2024. The motion carried by the following roll call vote: AYES: Moser, Bolton, Burns, Van Der Mark, Strickland, McKeon, and Kalmick NOES: None 12. 24-183 Received and Filed Amended Monthly Update of Activities for Citizen Boards, Commissions, Committees (BCCs) and Regional Agencies — February 2024 Councilmember Moser pulled this item to ensure a note is included in the Community and Library Services Commission Park Naming Memorials Committee February 7 summary that documents a request from multiple commissioners for a staff presentation of current activity related to library reorganization at their next meeting. A motion was made by Moser, second Kalmick to Receive and File the Monthly Update of Activities for Citizen Boards, Commissions, Committees (BCCs) and Regional Agencies — February 2024, as amended to document a request from multiple Community and Library Services commissioners for a staff presentation of current activity related to library reorganization at their next meeting. The motion as amended carried by the following roll call vote: AYES: Moser, Bolton, Burns, Van Der Mark, Strickland, McKeon, and Kalmick NOES: None After the Council vote, City Clerk Robin Estanislau clarified for the record that she does not enter any information into the spreadsheet, and noted all information comes through BCC staff liaisons. She confirmed that she would update the report as it was approved. City Manager 13. 24-180 Took positions on legislation pending before the State Legislature, as recommended by the Intergovernmental Relations Committee (IRC) A motion was made by Strickland, second Van Der Mark to SUPPORT AB 1999 (Irwin) Electricity: fixed charges and send a letter of support; and receive and file letters of support for AB 1773 (Dixon) e-bikes and AB 17174 (Dixon) e-bikes, as amended by Supplemental Communication (correction to bill #). 55 Council/PFA Regular Minutes March 19, 2024 Page 16 of 25 The motion as amended carried by the following roll call vote: AYES: Moser, Bolton, Burns, Van Der Mark, Strickland, McKeon, and Kalmick NOES: None Community and Library Services 14. 24-188 Approved and executed a three-year Professional Services Contract between the City of Huntington Beach and PSQ Productions for production and management service of the annual Independence Day Celebration A motion was made by Strickland, second Van Der Mark to approve and authorize the Mayor and City Clerk to execute "Professional Services Contract Between the City of Huntington Beach and PSQ Productions for Production and Management Service of the Annual Independence Day Parade." The motion carried by the following roll call vote: AYES: Moser, Bolton, Burns, Van Der Mark, Strickland, McKeon, and Kalmick NOES: None 15. 24-194 Adopted 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) A motion was made by Strickland, second Van Der Mark to 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." The motion carried by the following roll call vote: AYES: Moser, Bolton, Burns, Van Der Mark, Strickland, McKeon, and Kalmick NOES: None Human Resources 16. 24-160 ITEM WITHDRAWN Approve a Professional Services Contract with Carl Warren & Company for Liability Claims Administration Services Police 17. 24-192 Approved Amendment No. 2 authorizing a one-year contract extension with Universal Protection Services, LP, DBA Allied Universal Security Services (UASS) for street sweeping parking enforcement services A motion was made by Strickland, second Van Der Mark to approve and authorize "Amendment No. 2 to Service Agreement between the City of Huntington Beach and Universal Protection Services, LP DBA Allied Universal Security Services (UASS) for Street Sweeping Enforcement Services" not to exceed 56 Council/PFA Regular Minutes March 19, 2024 Page 17 of 25 $411,269.45 for the next calendar year; and authorize the Mayor and City Clerk to execute the attached contract. The motion carried by the following roll call vote: AYES: Moser, Bolton, Burns, Van Der Mark, Strickland, McKeon, and Kalmick NOES: None Public Works 18. 24-111 Approved and authorized execution of a Cooperative Agreement with Orange County Transportation Authority (OCTA) for Alternative Signal Communication Demonstration Project A motion was made by Strickland, second Van Der Mark to approve and authorize the Mayor and City Clerk to execute "Cooperative Agreement No. C-3-3058 Between Orange County Transportation Authority and Cities of Huntington Beach, La Habra, Lake Forest, Newport Beach, Rancho Santa Margarita, Seal Beach, and Yorba Linda for Alternative Signal Communication Demonstration Project". The motion carried by the following roll call vote: AYES: Moser, Bolton, Burns, Van Der Mark, Strickland, McKeon, and Kalmick NOES: None 19. 24-129 Approved and Accepted the Public Improvements, Released the Securities for, and Accepted a Guarantee and Warranty Bond for Tract 18105 A motion was made by Strickland, second Van Der Mark to accept the improvements constructed and dedicated for public use with Tract 18105, and instruct the City Clerk to record the Notice of Acceptance of Public Improvements (Attachment 2) with the Orange County Recorder; and, accept Guarantee and Warranty Bond No. 30190069 (Attachment 3); the security furnished for guarantee and warranty of public improvements, and instruct the City Clerk to file the bond with the City Treasurer; and, instruct the City Clerk to notify the developer, Meritage Homes of California, of this action, and the City Treasurer to notify the Surety, Arch Insurance Company (Faithful Performance, Labor & Materials, Monument) and The Continental Insurance Company (Guarantee & Warranty), of this action. The motion carried by the following roll call vote: AYES: Moser, Bolton, Burns, Van Der Mark, Strickland, McKeon, and Kalmick NOES: None 20. 24-134 Approved and Accepted the Public Improvements, Released the Securities for, and Accepted a Guarantee and Warranty Bond for Tract 18106 A motion was made by Strickland, second Van Der Mark to accept the improvements constructed and dedicated for public use with Tract 18106, and instruct the City Clerk to record the Notice of Acceptance of Public Improvements (Attachment 2) with the Orange County Recorder; and, accept Guarantee and Warranty Bond No. 30190068 (Attachment 3); the security furnished for guarantee and warranty of public improvements, and instruct the City Clerk to file the bond with the City Treasurer; and, instruct the City Clerk to notify the developer, Meritage Homes of California, of this action, and the City Treasurer to notify 57 Council/PFA Regular Minutes March 19, 2024 Page 18 of 25 the Surety, Arch Insurance Company (Faithful Performance, Labor & Materials, Monument) and The Continental Insurance Company (Guarantee & Warranty), of this action. The motion carried by the following roll call vote: AYES: Moser, Bolton, Burns, Van Der Mark, Strickland, McKeon, and Kalmick NOES: None 21. 24-136 Approved the West Orange County Water Board (WOCWB) FY 2024-25 Budget in the amount of $5,365,300 A motion was made by Strickland, second Van Der Mark to approve the WOCWB proposed FY 2024-25 Budget and the City of Huntington Beach proportional share of $1,047,465. The motion carried by the following roll call vote: AYES: Moser, Bolton, Burns, Van Der Mark, Strickland, McKeon, and Kalmick NOES: None ADMINISTRATIVE ITEMS 22. 24-197 Requested and Received authorization to issue a Request for Proposals for Managed Library Services for the Huntington Beach Public Library system Deputy City Manager Catherine Jun provided a verbal report with a brief background that resulted in staff recommending a request for proposals for managed library services through an equal and competitive opportunity and allow staff to engage in a more comprehensive review of these services and their feasibility in Huntington Beach. It was noted that engaging in this process does not commit the City to outsourcing but will provide detailed costs and services for Council's consideration in the future. If approved, the contractor would oversee day-to-day operations at the City's direction. The City would continue to own the buildings, books, furniture, equipment and all other assets inside. Deputy City Manager Jun also noted that if Council approves the Request for Proposals, it is recommended that the meet and confer process begin with potentially affected labor associations. Mayor Pro Tem Burns clarified that this is just a request so that Council can review available options. He described this as a process to review revenues and expenses to ensure Council is being fiscally responsible, and noted there will be no obligation to accept any proposal. Mayor Pro Tem Burns stated that this process does not mean the current employees would be terminated and noted the Request for Proposal (RFP) could stipulate any proposal includes utilizing existing City staff. Councilmember McKeon asked what is wrong with requesting proposals and establishing facts before rushing to judgment. He suggested it might be possible to outsource operations, provide a cost savings, keep the current employees at their current salaries and possibly increase the services and programs currently provided. He believes Council should be evaluating ways to increase efficiencies and reduce costs, especially in light of the State's massive budget deficit. From his perspective this proposed RFP process should not create division, but unfortunately some are sowing confusion and fear and in his opinion it is premature to pass judgment until all the facts are known. Councilmember Bolton asked how many hours staff has already put into researching this item. Interim City Manager Parra responded that the hours on this item had not been quantified. Deputy City Manager Jun replied that maybe approximately 20 hours of staff time has been spent on this issue. 58 Council/PFA Regular Minutes March 19, 2024 Page 19 of 25 Councilmember Bolton confirmed with Assistant City Manager Travis Hopkins that Library Systems & Services (LS&S) claimed in a letter they could save the City $1M. She stated she has no disagreement with validating potential cost savings, and noted there must also be consideration of current revenues which might disappear such as donations from Friends of the Library, or Friends of the Children's Library if management is outsourced. Councilmember Strickland shared his opinion that there might be people ready to cover those assumed losses. Councilmember Bolton stated she has doubts that a for-profit company could maintain the current level of services simply because of their business model. She confirmed with Deputy City Manager Jun that there are a number of options for providing library management services that have just recently been discovered. Councilmember Bolton shared her opinion that there are three services the City should never outsource: Fire, EMT and Library. She cannot support spending any more time on the idea of outsourcing management of library services. Councilmember Kalmick stated his appreciation for everyone who came out to speak on this issue, and stated he believes there is a major transparency issue. From his perspective, staff spent time on an unsolicited bid without any Council direction. He clarified that any City employee who suddenly becomes the employee of a private company immediately loses their City pension, he believes implementing the plan of privatizing the library will include no longer paying employee pensions, and result in decreased services. Councilmember Kalmick noted the recent contract the City signed for the ILS system for seven years as well as Overdrive might have to be liquidated if those systems are not used by the private company selected for library management. In essence, he sees this effort as trying to fix something that is not broken. He does support getting the highest and best use of City assets and believes the libraries are already there. Councilmember Kalmick believes the public should be able to see the staff analysis for this item, and stated the better approach would be a Request for Information (RFI) rather than RFP which could immediately be turned into a contract. Mayor Van Der Mark explained the City is regularly approached by different organizations and companies offering their services. She believes Council should be responsible and investigate whether there is the potential for cost savings. Councilmember Moser stated that proceeding could result in releasing local control to a for-profit organization and giving up the management of a City institution, and added this process should have started with a Study Session discussion. Councilmember Moser noted considerations that were not included in the staff analysis, including no staff pros or cons. She sees this effort resulting in the City keeping the building and all of its costs while giving away the special uniqueness, well-loved and award- winning librarians and library staff. Councilmember Moser believes Council should be investing in, rather than looking for ways to cut from, the library system, and stated there is no guarantee that a for-profit company, which is focused on their profit, will continue to be responsive to community needs. 59 Council/PFA Regular Minutes March 19, 2024 Page 20 of 25 Councilmember Moser stated that Council should not be swayed by short-term gains but be guided by enduring values that have made Huntington Beach who we are on our best day. This could be a celebratory narrative of what we chose to preserve, enhance, and bequeath to future generations. A motion was made by Strickland, second Burns to authorize staff to issue a Request for Proposals for Managed Library Services for the Huntington Beach Public Library system and return to City Council with an agreement for consideration; and direct staff to begin a meet and confer process with affected labor associations to discuss this potential opportunity. The motion carried by the following roll call vote: AYES: Burns, Van Der Mark, Strickland, and McKeon NOES: Moser, Bolton, and Kalmick Councilmember Strickland asked the Sergeant of Arms to remove the audience members who shouted out after the vote. Mayor Van Der Mark announced a 5-minute break. Mayor Van Der Mark reconvened the meeting once order was restored. 23. 24-195 Received and Filed Year-End Audit Results for the FY 2022/23 Annual Comprehensive Financial Report (ACFR), Fiscal Year 2023/24 Budget Update, and Fiscal Year 2023/24 Mid-Year Budget Adjustments Sunny Han, Chief Financial Officer (CFO), presented a PowerPoint communication titled City FY 2023/24 Budget Update & FY 2023/24 Mid-Year Budget Adjustments, with slides entitled Presentation Overview, City FY 2023/24 Budget Update, City Budget and Financial Position - FY 2022/23, City Budget and Financial Position – FY 2023/24, General Fund Long-Term Financial Plan, CalPERS Update, Unfunded Liabilities, FY 2023/24 Mid-Year Budget Adjustments, General Fund Adjustments, Other Fund Adjustments, Summary of Mid-Year Budget Requests, and Questions? Councilmember Bolton and Fire Chief McCoy discussed the emergency medical revenues which consists of reimbursements by Medi-Cal and Medicare for Emergency Medical Services (EMS). Councilmember Kalmick clarified details with staff regarding Pension Obligation Bonds and the bonds related to the Elan and Bridgewater projects. A motion was made by Strickland, second Van Der Mark to receive and File the FY 2022/23 Annual Comprehensive Financial Report and other auditor-issued reports; and approve mid-year budget adjustments to the FY 2023/24 Revised Budget in the funds and by the amounts contained in Attachment 3. The motion carried by the following roll call vote: AYES: Moser, Bolton, Burns, Van Der Mark, Strickland, McKeon, and Kalmick NOES: None ORDINANCES FOR INTRODUCTION 24. 24-209 Approved 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 60 Council/PFA Regular Minutes March 19, 2024 Page 21 of 25 Ashley Wysocki, Community and Library Services Director presented a verbal review and introduction. Councilmember Kalmick raised questions, including what appears to him to be internal inconsistencies, related specifically to: Section 2.66.100 (. . . sell or donate . . .); how this new Review Board selects books for review; how books are ordered; lack of any budget; lack of addressing the electronic collection of books and subscriptions; no definition of parent or guardian; and censorship. Councilmember Kalmick stated he cannot support this ordinance because it is too confusing, the Review Board decisions are not appealable, and if this item is approved, Council will be giving up its authority over what goes into our public library to unelected people. He stated that it is not appropriate to let another parent determine what is appropriate for his child to read. He noted there is no relief valve in this ordinance, and his belief that all laws should have some sort of relief valve as society and councils change. Councilmember Moser stated her concerns are related to lack of definitions for children, young adults, community standards, sexual content, sexual reference, and Adult Section of the library. She stated that approving and implementing this ordinance will likely, in her opinion, decimate the Young Adult section of the library. Councilmember Moser addressed her concerns related to the Brown Act "Open Meetings" standards and the importance of transparency for all meetings. She suggested an amendment clarifying that the meetings will be filmed and broadcast live and recorded for later review on all social media platforms should be included to ensure the entire community has access to the discussions. Councilmember Moser shared her concerns regarding the amount of time the process of review could take, Section 2.66.110 (B), especially if the Review Board only meets twice a year. She believes that could cause a book procurement delay of nearly one year and therefore create an unworkable situation. City Attorney Michael Gates noted the "meet at least twice each calendar year" is a basic framework, and communications between the Director and the Review Board may determine the need to meet once a month or more often. Councilmember Moser shared that in reality this Board is not composed of staff, and in practice this ordinance will directly impact the purchase, service level and availability of all new books coming into the library. She suggested that Council be responsive to the reality, to ensure books are current, and provide direction to City Attorney Gates and Community and Library Services Director to fix Section 2.66.220 (B) at the very least. Councilmember Moser noted that Section 2.66.110 (G) states that "All decisions by the Board are final and non-appealable" did not come from Council direction. City Attorney Michael Gates clarified that some portions of the ordinance are sensitive to the law and clarified why this was added. Councilmember Moser stated she cannot support this item. Councilmember Bolton and Senior Deputy City Attorney Connor Hyland discussed that this ordinance was not based on any other city's ordinance, as a majority of existing documents that are binding deal with the direct removal of books. Ordinance No. 4318 is a balance of executing the Council's policy decision while putting the City with the best foot forward to reduce liability. The effort was focused on using the least restrictive means to accomplish Council's goal. Senior Deputy City Attorney Hyland noted most other cities and school districts chose to remove rather than relocate books. 61 Council/PFA Regular Minutes March 19, 2024 Page 22 of 25 Councilmember Bolton stated she believes there is a lot of legal risk with this ordinance. City Attorney Michael Gates stated he believes this is a good ordinance that is consistent with the case law that was researched. Councilmember Bolton responded by listing actions that have been found unconstitutional by courts at the federal and state level. She also stated that librarians do not use their own personal perspective, likes or dislikes when making book selections for the library. Councilmember Bolton said she cannot support an item that she believes will ultimately bring the ACLU to the front door or encouraging someone to set up a cottage industry and sue the City of Huntington Beach on a regular basis and earn a very nice living. Mayor Pro Tem Burns stated he has a different vision which begins with trusting the librarians to select books, with guidelines, and if the librarians find questionable books, then they involve the Review Board. He expects there may be six books a year that may require review and expects common sense to be used. Councilmember Bolton displayed a copy of The Care and Keeping of You, The Body Book for Girls and asked why it was moved from the Children's Section to the Adult Section of the library. Mayor Pro Tem Burns responded that no library guidelines have been provided by Council yet, and he has not read that book, so he has no idea why it was moved. Councilmember Moser stated she had asked for the guidelines the last time and noted there are none in this ordinance. She added that both publishers and librarians have their guidelines, professional expertise, and discussions on where books should be placed. Also, Huntington Beach Public Library has a policy in place that anyone can use if they believe a certain book has been placed in the wrong section vs having a Committee of 21 delaying or stopping the purchase of books. Mayor Pro Tem Burns noted that even Police Officers are held accountable to a multitude of guidelines such as laws, regulations, orders, and training bulletins in defense of recommending book selection guidelines which he believes must be determined by Council before the Review Board is put in place. Mayor Van Der Mark described books containing specific sexually explicit information which she checked out of the Children's Section of the library as examples of books inappropriately located. Referencing Councilmember Kalmick's recent editorial piece, Mayor Van Der Mark disagreed with his statement that parents are amateurs, and noted she is interested in getting the community involved in the book selection process. She stated that a few people have expressed to her their interest in serving on the Review Board and some of them have degrees as lawyers and teachers, and she questioned Councilmember Kalmick's opinion that parents are amateurs unless they have a degree. Councilmember Kalmick responded that he believes there is a discrepancy between an opinion vs expertise. He stated that since there is no criteria or base level requiring an understanding of what a library collection looks like for becoming a member of the Review Board, they would be serving as an amateur in his mind. He explained his use of amateur was not to denigrate someone's opinion, but rather to quantify someone's expertise. He added that he is not trying to be elitist. Huntington Beach has a professional system and world-class library and, in his opinion, using people who are not trained in Library Science to choose what the library collection looks like is using amateurs. Councilmember Moser re-iterated her request to ensure that all meetings of the Review Board be open to the public, live broadcast and recorded because their decisions are un-appealable. 62 Council/PFA Regular Minutes March 19, 2024 Page 23 of 25 A motion was made by Strickland, second Van Der Mark to after the City Clerk reads by title, approve for introduction Ordinance No. 4318, "An Ordinance of the City Council of the City of Huntington Beach amending the Huntington Beach Municipal Code by adding new chapter 2.66 Entitled "Community Parent-Guardian Review Board for Procurement of Children's Library Materials." The motion carried by the following roll call vote: AYES: Burns, Van Der Mark, Strickland, and McKeon NOES: Moser, Bolton, and Kalmick At 10:59 PM, a motion was made by Strickland, second Van Der Mark, to continue business after 11:00 PM. Approved 6 – 1 (Kalmick – No) COUNCIL MEMBER ITEMS 25. 24-208 Approved Item Submitted by Council Member McKeon — Withdrawal from the League of California Cities Councilmember McKeon introduced his item by stating the League of California Cities has repeatedly failed its mission to advocate for cities and instead advocates for more and higher taxes and Sacramento's agenda over our own. He said they fought hard against the gas tax repeal and supported Proposition 1 knowing that the buy-rights of sober living home requirements in residential neighborhoods will now be super charged by a multi-million-dollar bond measure. The ballot bond measure also creates more state debt and diverts funding away from county mental health programs to allow for buy-right which means that cities have no discretion or ability to regulate mental health and substance abuse treatment facilities on any property zoned for multi-family, office or parking. The League of California Cities is also fighting aggressively against a taxpayer protection act pushed by the Howard Jarvis Taxpayers Association, calling it deceptive and misleading, as they attempt to prevent the opportunity for California taxpayers to vote on the issue. Councilmember McKeon stated that last-minute amendments to Proposition 1 made at the end of the legislature year generated concerns among cities and as a result, League of California Cities withdrew their support. But then the League of California Cities Board decided to override their withdrawal of support and continued to support Proposition 1. He can no longer support sending tax dollars to an organization that is supposed to be advocating for us but did the opposite in such a high-profile way. He noted that Newport Beach voted on March 12, 2024, to withdraw their membership from the League of California Cities. Councilmember McKeon stated his interest is creating a robust economy through private enterprise, by streamlining the City to make it attractive for businesses to invest here, create jobs, and in turn produce sales tax revenue. By contrast, he referenced a recent email communication from Councilmember Kalmick that used falsehood to sow division, fear and confusion and agreeing with the League of California Cities’ decision not to repeal the gas tax and to not support the Taxpayer Protection Act because he supports these taxes that "fund our city". Councilmember McKeon continued by stating that there may be disagreement among Councilmembers on how to fund our city, but the League of California Cities’ support for Proposition 1 that super charges buy-rights for sober living homes in our community is unforgiveable in his opinion. Councilmember Kalmick asked how city roads can be paved by businesses investing in the community, stated that the gas tax provides $5M for paving roads, and noted that if the gas tax repeal had passed 63 Council/PFA Regular Minutes March 19, 2024 Page 24 of 25 the City would be looking for other resources to pave our roads. He stated that most of the City's revenue comes from property taxes, followed by sales and hotel taxes. Councilmember Kalmick stated that if the Taxpayer Protection and Government Accountability Act were to pass, he believes the very nebulous and minimum fees charged could decimate the City's budget because of the way it is interpreted. The City may no longer be allowed to raise parking fees for the 4th of July, or Pacific Air Show, or assess the actual amount of time it takes Planners to do plan checks and then subsidizing private entities on the back of that. Councilmember Kalmick stated his recommendation to table this until December because there is no guarantee that membership fees will be returned from the League of California Cities. Councilmember Strickland stated he would not support remaining a member for this year because he wants to send a message that League of California Cities should never have supported Proposition 1, and their job is to represent local cities, not Governor Newsom. Regarding the gas tax issue, Councilmember Strickland stated that issue was sold to the people as money to be used for road and highway maintenance, but for a long period of time the money just went into the General Fund. As the author of the initiative that moved the funds to Transportation, he noted the gas tax money is not even going to road maintenance and construction, but rather to mass transit and the bullet train. Councilmember Bolton asked how much thought was put into this item before it was presented, what are we going to do now, and how are we going to monitor all of the complicated legislation in the absence of the information provided by the League of California Cities. Councilmember Strickland stated that the League of California Cities has not been representing cities and this action will save Huntington Beach $35,000 annually. He added that if the League of California Cities changes tactics and actually starts representing local government then Huntington Beach could rejoin. Councilmember Bolton asked if there were conversations with the League of California Cities about their stance on Proposition 1 and Councilmember Strickland responded there certainly were conversations and pushback from him and a Newport Beach Councilmember in meetings. Councilmember Bolton stated she finds the League of California Cities analyses immensely helpful to understanding which position the City should take or determining what is or is not in our best interest. She shared her understanding, after reading the text of the Howard Jarvis initiative, that if passed it would severely restrict the City's ability to set fees, such as Emergency Response fees which amounts to $7M and allows the City to defray the cost for supplies placed in ambulances; parking fees; bid fees; and tourism fees. She stated she doesn't understand how any city could support those changes in a framework that governs how cities set fees. Councilmember McKeon responded that he stated that several cities signed on to an amicus brief to make sure that the Taxpayer Protection Act gets in front of the voters instead of the current efforts to get it knocked off the ballot by the governor and state legislature, and noted the League of California Cities called the amicus brief efforts deceptive and misleading. The argument is not on the merits of the measure, but the fact that the League of California Cities supports the effort to keep the issue off the ballot. Councilmember Moser, speaking as one of the Division Board Members for the League of California Cities, noted the primary effort is to maintain local control and ensure funding for any state mandates. Referencing the Value of League of California Cities (Cal Cities) Membership report provided by Cal 64 Council/PFA Regular Minutes March 19, 2024 Page 25 of 25 Cities, Councilmember Moser noted the high return on investment (ROI), especially during challenging times like COVID-19. She stated this action will limit and minimize the City's voice, and it is not necessary to agree with all of Cal Cities positions. She noted the benefit of training that Cal Cities provides for councilmembers and staff and asked who would be providing that. She doesn't believe that all of the ramifications have been considered if this action is approved and noted that Newport Beach made their decision to leave Cal Cities after holding a study session to allow for public input. A substitute motion was made by Moser, second Bolton to table the request to the City Manager to direct staff to negotiate with the League of California Cities for the reimbursement of 2024 dues and withdraw membership for 2024 to allow for more conversation and a better understanding of potential ramifications. The substitute motion failed by the following roll call vote: AYES: Moser, Bolton, and Kalmick NOES: Burns, Van Der Mark, Strickland, and McKeon A motion was made by McKeon, second Strickland to request the City Manager to direct staff to negotiate with the League of California Cities for the reimbursement of 2024 dues and withdraw membership for 2024. The motion carried by the following roll call vote: AYES: Burns, Van Der Mark, Strickland, and McKeon NOES: Moser, Bolton, and Kalmick ADJOURNMENT — 11:32 PM a motion was made by Strickland, with a second by Burns, to adjourn to the next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority on Tuesday, April 2, 2024, in the Civic Center Council Chambers, 2000 Main Street, Huntington Beach, California. INTERNET ACCESS TO CITY COUNCIL/PUBLIC FINANCING AUTHORITY AGENDA AND STAFF REPORT MATERIAL IS AVAILABLE PRIOR TO CITY COUNCIL MEETINGS AT http://www.huntingtonbeachca.gov _______________________________________ City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach and Secretary of the Public Financing Authority of the City of Huntington Beach, California ATTEST: ________________________________________ City Clerk-Secretary ________________________________________ Mayor-Chair 65 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:24-227 MEETING DATE:4/2/2024 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Robin Estanislau, CMC, City Clerk VIA:Robin Estanislau, CMC, City Clerk Subject: Monthly Update of Activities for Citizen Boards, Commissions, Committees (BCCs) and Regional Agencies - March 2024 Statement of Issue: A monthly reporting structure has been implemented to keep the City Council, City staff and members of the public informed of activities conducted by citizen boards, commissions, committees, and Council committees, including community groups/independent City-affiliated boards and other community, regional or state level committees. Financial Impact: None. Recommended Action: Receive and File. Alternative Action(s): Not applicable. Analysis: The City operates a number of Citizen and Council-led Boards, Commissions and Committees (BCCs) with City Council representatives participating in several Regional Agency meetings to discuss important City topics ranging from infrastructure to development. To ensure that our community is able to stay informed of each BCC’s major discussions and votes, in addition to promoting the highest level of transparency, staff has prepared a high-level report of their activities for the prior month. Furthermore, this high-level report was developed in response to direction received at the December 20, 2022 City Council Meeting to find a manageable way to publicly present a brief written report on all BCC and Regional Agency meeting activities. To obtain greater details, individuals are directed to the meeting minutes, which are linked in the Activity Report. The City Clerk gathers these updates from an internal spreadsheet that is completed by BCC staff liaisons and compiles them into the attached Activity Report that will be routinely agendized for the City of Huntington Beach Printed on 3/27/2024Page 1 of 2 powered by Legistar™66 File #:24-227 MEETING DATE:4/2/2024 first regular Council meeting of each month under “Consent” as an informational item only. Council action is not required. Environmental Status: Not applicable. Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1. Monthly BCC / Regional Agency Activity Report for March 2024 City of Huntington Beach Printed on 3/27/2024Page 2 of 2 powered by Legistar™67 1 MARCH 2024 ACTIVITY REPORT FOR REGIONAL AGENCIES AND CITY BOARDS, COMMITTEES, AND COMMISSIONS (BCC) March 4-8, 2024 Updates / Actions Citizen Participation Advisory Board (CPAB) 1st Thurs., Monthly January - June and as needed, 6:00 PM City Hall Lower Level B8 Department: Community Development Meeting Date: 3/5/24 Summary of Action or Discussion: MOVED TO 3/19 Zoning Administrator 1st & 3rd Wed., Monthly, 1:30 PM City Hall Council Chambers Department: Community Development Meeting Date: 3/6/24 Summary of Action or Discussion: Cancelled due to a lack of business to discuss. Supplemental Employee Retirement Plan and Trust Board Special Meeting, 1:30 pm Admin Services Conference Room Department: City Treasurer's Office Meeting Date: 3/6/24 Link to Meeting Details Summary of Action or Discussion: Discussion of requests for benefit modifications; eligibility requirements. Independence Day Board 1st Wed. Monthly, 6:00 p.m. City Hall Lower Level B-8 Department: Community & Library Services Meeting Date: 3/6/24 Link to Meeting Details Summary of Action or Discussion: City staff provided an update to the Independence Day Board Members on the status of the event contractor. Board Members discussed roles and responsibilities to maintain momentum with event planning and voted on a community grand marshal for the 2024 parade. 68 I I 2 MARCH 2024 ACTIVITY REPORT FOR REGIONAL AGENCIES AND CITY BOARDS, COMMITTEES, AND COMMISSIONS (BCC) March 11-15, 2024 Updates / Actions Planning Commission 2nd & 4th Tues., Monthly, 6:00 PM City Hall Council Chambers Department: Community Development Meeting Date: 3/12/24 Summary of Action or Discussion: Cancelled due to construction in the City Council Chambers. Sunset Beach Local Coastal Program Review Board 2nd Tues., Monthly 7:30 PM Nobles Family Comm. Ctr. Department: Community Development Meeting Date: 3/12/24 Summary of Action or Discussion: Cancelled due to lack of business to discuss. Community & Library Services Commission 2nd Wed., Monthly 6:00 PM City Hall Council Chambers Department: Community & Library Services Meeting Date: 3/13/24 Summary of Action or Discussion: Cancelled due to lack of action required by the Community & Library Service Commission. Design Review Board (DRB) 2nd Thurs. Monthly, 3:30 p.m., City Hall Lower Level, B-8 Department: Community Development Meeting Date: 3/14/24 Summary of Action or Discussion: Cancelled due to lack of business to discuss. March 18-22, 2024 Updates / Actions School Districts / City City Hall Lower Level, B-7/B-8 Department: City Manager's Office Meeting Date: 3/18/24 Summary of Action or Discussion: The City and School Districts meeting invited elected officials to attend every other meeting. At this meeting Mayor Van Der Mark and Council Member Burns were joined by representatives for HBUHSD, HBCSD, OVSD, FVSD, and WSD. A roundtable discussion included parks and programming updates and advertisement of the upcoming job fair from C&LS, and update on projects near schools by PW, and updates from PD 69 I I 3 MARCH 2024 ACTIVITY REPORT FOR REGIONAL AGENCIES AND CITY BOARDS, COMMITTEES, AND COMMISSIONS (BCC) and Fire on their coordination with the schools for safety including ebikes. Citizen Participation Advisory Board (CPAB) 1st Thurs., Monthly January - June and as needed, 6:00 PM City Hall Lower Level B8 Department: Community Development Meeting Date: 3/19/24 Link to Meeting Details Summary of Action or Discussion: City staff presented a review of funding recommendation for the Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) programs at a joint study session of the Citizen Participation Advisory Board (CPAB) and City Council. Charles Kovac, Housing Division Manager, answered questions and comments from City Council Members. Zoning Administrator 1st & 3rd Wed., Monthly, 1:30 PM City Hall Council Chambers Department: Community Development Meeting Date: 3/20/24 Summary of Action or Discussion: Cancelled due to lack of business to discuss Homeless Task Force 3rd Wednesday, 3:00 p.m., City Hall Lower Level, B-7 Department: Police Meeting Date: 3/20/24 Summary of Action or Discussion: Discussed the upcoming Mayor's Townhall on Veteran homelessness. Discussed proposed Homeless and Behavioral Health Budget, along with future staffing plans and needs. Provided an update on the County of Orange / American Family Housing HB Oasis Project. Discussed the decrease in police department calls for service involving individuals experiencing homelessness. Provided an update regarding Homeless and Behavioral Health website re-design to include new datasets and graphics, which will be retroactive back to October 2023. Intergovernmental Relations Committee 3rd Wed., Monthly, 4:00 p.m. Meeting Date: 3/20/24 Link to Meeting Details Summary of Action or Discussion: Mayor Van Der Mark and Pro Tem Burns were in attendance and approved the 70 I I 4 MARCH 2024 ACTIVITY REPORT FOR REGIONAL AGENCIES AND CITY BOARDS, COMMITTEES, AND COMMISSIONS (BCC) Department: City Manager's Office February IRC Minutes. The City's federal lobbyist was unavailable to attend and had advised staff prior to the meeting. Louie Brown delivered a brief State update and dived into some more of the pending legislation of interest to the City. AB 2361 (Davies) proposes that RHNA allocations could be negotiated and transferred regionally. This bill proposes a pilot program in Orange and San Diego counties. IRC will watch this bill. AB 2924 (Petrie-Norris) would prohibit any marriage of a minor. Current law allows a waiver by parent/guardian. The City passed Resolution 2021-049 announcing its commitment to end child marriage. Staff will bring back the item for consideration at the April 2024 IRC meeting. SB 951 (Wiener) calls for the elimination of some of Coastal Commission's jurisdiction. Amendments were made prior to the meeting of the IRC and staff/lobbyist will continue to monitor. It is likely that many coastal cities will join the opposition of this bill. The next meeting is scheduled for 2pm on Wednesday April 17. Historic Resources Board 3rd Wed. Monthly, 5:00 PM City Hall Lower Level, B-7 Department: Community & Library Services Meeting Date: 3/20/2024 Link to Meeting Details Summary of Action of Discussion: The meeting was attended by Mayor Pro Tem Burns. The Board voted to table the election of Chair until the next meeting so all members can participate. Community & Library Services Manager, Mr. Chris Cole informed the Board of the most recent City Anniversary events He informed the Board of the upcoming celebrations for April. The Board discussed the participation in the April events. Citizen Infrastructure Advisory Board / Public Works Commission 3rd Wed., Monthly5:00 PM Utilities Yard Meeting Date: 3/20/24 Link to Meeting Details 71 I I 5 MARCH 2024 ACTIVITY REPORT FOR REGIONAL AGENCIES AND CITY BOARDS, COMMITTEES, AND COMMISSIONS (BCC) Department: Public Works Summary of Action or Discussion: The Board approved the meeting minutes from the February 21, 2024 meeting. Deputy Director, Alvin Papa, provided a verbal update of the Prop 218 for Water and Sewer Rate Adjustments. Tom Herbel presented the FY 2024-25 CIP and the Board adopted the FY 2024-25 CIP. March 25–29, 2024 To be included in April Activity Report 72 I I 6 MARCH 2024 ACTIVITY REPORT FOR REGIONAL AGENCIES AND CITY BOARDS, COMMITTEES, AND COMMISSIONS (BCC) Community & Regional Agencies - Updates Website Association of California Cities (ACCOC) Strickland https://www.accoc.org/ ACCOC Legislative - Regulatory Committee Bolton https://www.accoc.org/legislative-regulatory California Coastal Coalition (CalCoast) Board 2-3 meetings/year, various places www.calcoast.org City Selection Committee (held w/League of Cities OC Division meeting) https://cob.ocgov.com/boards-commissions- committees/city-selection-committee Huntington Beach Chamber of Commerce Government Affairs Committee Quarterly, meeting time varies. Golden West College, 15744 Golden West St. Admin Bldg. 4-Room137 https://hbchamber.com/advocacy League of California Cities - OC Executive Board https://www.calcities.org/get- involved/regional-divisions/orange-county- division 73 I I 7 MARCH 2024 ACTIVITY REPORT FOR REGIONAL AGENCIES AND CITY BOARDS, COMMITTEES, AND COMMISSIONS (BCC) League of California Cities - Environmental Quality Committee https://www.calcities.org/advocacy/policy- areas-and-committees/environmental-quality O.C. Council of Governments (OCCOG) 4th Thurs., Monthly, 10:30 AM Irvine City Hall City Council Chambers 1 Civic Center Plaza, Irvine https://www.occog.com/ O.C. Housing Finance Trust Fund https://ochft.org/ O.C. Mosquito and Vector Control District https://www.ocvector.org/board-meetings O.C Emergency Medical Care Committee https://ochealthinfo.com/providers- partners/emergency-medical- services/committees-groups/emergency- medical-care-committee 74 I I 8 MARCH 2024 ACTIVITY REPORT FOR REGIONAL AGENCIES AND CITY BOARDS, COMMITTEES, AND COMMISSIONS (BCC) O.C. Sanitation District (OCSD) Board of Directors (Plus Committee assigned by Chair) 4th Wed of every month, 6:00 PM, Virtual Meeting via Zoom / OCSD Administrative Office 10844 Ellis Ave., Fountain Valley, CA https://www.ocsan.gov/about-us/board-of- directors Orange County Power Authority (OCPA) Term: Four (4) years 2nd Tues, 10 AM, Monthly Virtual Meeting via Zoom https://www.ocpower.org/ OCTA Citizen Advisory Committee https://www.octa.net/about/about- octa/public-committees/citizens-advisory- committee/overview/ Santa Ana River Flood Protection Agency (SARFPA) Executive Committee Meetings: 4th Thurs, 4:00 PM, January, March, May, July, September Via Zoom Full Agency Meetings: June, November https://ocip.ocpublicworks.com/service- areas/oc-infrastructure-programs/santa- ana-river-project/santa-ana-river-flood- protection-0 Southern California Association of Governments (SCAG) Regional Council District 64 Delegate* 1st Thurs of every month, 9:00 AM – 2:00 PM Virtual Meeting / SCAG Office, Downtown L.A. https://scag.ca.gov/ 75 I I 9 MARCH 2024 ACTIVITY REPORT FOR REGIONAL AGENCIES AND CITY BOARDS, COMMITTEES, AND COMMISSIONS (BCC) SCAG - Emerging Technology Committee https://scag.ca.gov/emerging-technologies- committee Visit Huntington Beach Advocacy Committee Monthly, usually Tuesday at 3:30 PM but varies. Virtual Meeting via Zoom / VHB Office, 155 Fifth Street, Suite 111, Huntington Beach https://www.surfcityusa.com/about- us/transparency-accountability/ 76 I I City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:24-219 MEETING DATE:4/2/2024 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 Subject: Adopt 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 (Approved for Introduction on 3/19/2024 by a vote of 4-3 (Moser, Bolton, Kalmick-No) Statement of Issue: There is a need to amend the Municipal Code to add language codifying the Community-Parent Guardian Review Board (Board) for procurement of children’s library materials, per City Council Resolution 2023-41. Financial Impact: The Board and Staff Liaison will make an annual request for City Council approval of funding to purchase new books for Board review that are not in circulation. Recommended Action: Adopt Ordinance No. 4318, “An Ordinance of the City Council of the City of Huntington Beach amending the Huntington Beach Municipal Code by adding new chapter 2.66 Entitled “Community Parent-Guardian Review Board for Procurement of Children’s Library Materials.”” Alternative Action(s): Do not approve the recommended action, and direct staff accordingly. Analysis: On October 17, 2023, City Council approved Resolution 2023-41, establishing a policy for the review and recataloging of library materials containing sexual content. The Huntington Beach Municipal Code must be amended by adding section 2.66 to create the Community Parent- Guardian Review Board (Board) for Procurement of Children’s Library Materials, referenced in Resolution 2023-41. The updated Municipal Code provides the following key information: City of Huntington Beach Printed on 3/27/2024Page 1 of 2 powered by Legistar™77 File #:24-219 MEETING DATE:4/2/2024 ·Definitions of children’s books, sexual content, sexual references, and community standards ·Board purpose and composition ·Minimum meeting frequency ·Appropriate use of City Council annual allocated funding ·Board duties 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: Non Applicable - Administrative Item Attachment(s): 1. Ordinance No. 4318 City of Huntington Beach Printed on 3/27/2024Page 2 of 2 powered by Legistar™78 79 ORDINANCE NO. 4318 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING NEW CHAPTER 2.66 ENTITLED "COMMUNITY PARENT-GUARDIAN REVIEW BOARD FOR PROCUREMENT OF CHILDREN'S LIBRARY MATERIALS" WHEREAS, the City ofHuntin1;ston Beach is a Chmier City and municipal corporation duly created and existing under a charter pursuant to which the City has the right and power to make and enforce all laws and regulations in respect to municipal affairs. The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. The Huntington Beach Municipal Code is hereby amended to add new Chapter 2.66 Entitled "Community Parent-Guardian Review Board for Procurement of Children's Library Materials" to read as follows: "Chapter 2.66 COMMUNITY PARENT-GUARDIAN REVIEW BOARD PROCUREMENT FOR CHILDREN'S LIBRARY MATERIALS 2.66.010 Established There is hereby established a new Community Parent-Guardian Review Board for Procurement of Children's Library Materials (hereinafter referred to in this Chapter as the "Board") which shall be a decision-making body pursuant to Huntington Beach Charter Section 405. 2.66.020 Definitions For the purpose of this Chapter, the following definitions apply: "Children" means persons under the age of eighteen (18) years old. "Children's Books" means any book, literary work, or other material, whether in hard copy or electronic, intended for anyone under the age of 18 or intended to be placed in the Children's Section(s) within any of the City Libraries or intended for Children's access. "Community Standards" means the Board's determinations regarding whether books are acceptable for Children's access, including books that may contain Sexual Content or Sexual References. "Sexual Content" is any content of a sexual nature, whether in the form of written text, or in the form of graphic depictions such as photos, drawings, cartoons, images, etc., for example, textual or graphic content including sex, sexual organs, sex acts, relationships of sexual nature, or sexual relations in any form. 80 ORDINANCE NO. 4318 "Sexual Reference" is any reference of a sexual nature, whether in the form of written text, or in the form of graphic depictions such as photos, drawings, cartoons, images, etc., for example, textual or graphic references to sex, sexual organs, sex acts, relationships of sexual nature, or sexual relations in any form. 2.66.030 Purpose The Board shall serve as a decision-making authority to the City to ensure that books that Children have access to in City Libraries meet the City's Community Standards for material acceptable for Children's access, including books that may contain Sexual Content or Sexual References, before such Children's Books are purchased by the City prior to placement in circulation or made accessible to Children without parental consent. Additionally, the Board may nominate Children's Books currently in circulation for review by the Board for determination of whether those Children's Books meet the Community Standards for material acceptable for Children's access, or whether those books require parental consent and are to be placed in the Adult Section of the City's Library. 2.66.040 Composition A. The Board shall consist of up to twenty-one members. Each City Council Member shall appoint up to three members of the Board to serve the same term as the City Council Member until their successors are elected and qualified. B. The service limitation contained in Section 2.100.060, which does not allow a person to serve on more than one Board or Commission at any one time shall not be applied to this Board due to its large membership, possible difficulty recruiting members, and limited scope of duties. Subject to California Government Code Section 1099, no Member may simultaneously hold two incompatible public offices. 2.66.050 Operating Policies Except as otherwise provided in this Chapter, the Board shall conform to the operating policies for Boards and Commissions as set forth in Chapter 2.100 of this Code. 2.66.060 Election and Officers The Board shall elect from its appointed members a Chairperson and Vice Chairperson at the first regular meeting of the calendar year and such officers shall serve for one year and until their successors are elected and qualified. The Chairperson and Vice Chairperson may make and second motions and shall have a voice and vote in all proceedings of the Board. No Chairperson or Vice Chairperson may serve consecutive years in the same role. 2 24-13971/333967 81 ORDINANCENO. 4318 2.66.070 Secretary The Director of Community & Library Services, or his or her designee, shall serve in a non- voting capacity as Secretary to the Board and shall prepare and retain permanent minutes of the Board meetings approved by the Board per the City's Record Retention Policy. 2.66.080 Meetings The Board shall meet at least twice each calendar year, and more if deemed necessary by the Director of Community & Library Services. As a "Brown Act" Board, the Meetings shall be conducted consistent with the provisions of the Brown Act. Roberts' Rules of Order ( current edition) shall govern the procedure of the meetings of the Board unless inconsistent with other provisions of this Chapter. As requires, the City Attorney and or his or her designee shall give legal advice to the Board regarding compliance with laws. 2.66.090 Quorum A. At any meeting of the Board, a simple majority of the current existing membership shall constitute a quorum for the transaction of business. B. In the event there is no quorum at a meeting, the Chair shall adjourn said meeting or shall adjourn to a date certain. 2.66.100 Funding All budget and expenses by the Board shall be managed in a predetermined account( s) by the City, subject to City purchasing and contracting policies and procedures. The Board and their staff liaison may determine and request an annual budget for the purchase of Children's Books to review. After review, all efforts will be made to sell or donate non-approved Children's Books to libraries outside the City of Huntington Beach. 2.66.110 Duties A. Review all Children's Books proposed for procurement by the City to determine by majority vote, in the Board's sole discretion, if such Children's Books meet the Community Standards of acceptance for the City of Huntington Beach to be placed in City Libraries. Make Recommendations for Children's Books that meet the Community Standards of acceptance to be purchased by the City, and/or to be accessible to Children without parental consent. The Board shall be provided a budget and ability to procure advance copies of Children's Books or Children's Books reviews as required for Board review. Any Children's Book may be nominated to be reviewed again after one year has passed from a previous decision by the Board. 3 24-13971/333967 82 ORDINANCENO. 4318 B. The Director of Community & Library Services or his or her designee will submit a list of Children's Books intended for purchase at least 45 days before the date of any Board meeting. Any Board Member may nominate any number of Children's Books from the list for review. If a Children's Book is nominated for review, it shall not be purchased by the City for Library circl!lation unless first approved by the Board. Once nominated, a Children's Book must be reviewed within one year of nomination. If a Children's Book is not nominated for review within 90 days from the submittal of the intended purchase list or reviewed by the Board within one year of nomination, it will be considered approved for purchase by the Board. C. The Board may also recommend that Children's Books currently in circulation at City Libraries be subject to the same Board review process on a case-by case basis. Any Board Member may submit a recommendation form that a Children's Book currently in circulation be reviewed by the Board. Should the Board find that a Children's Book currently in circulation does not meet Community Standards for Children's access without parental notification, it shall be placed in the Adult Section and subject to parental and/or guardian consent before either Children obtain access or the book is checked out by anyone under the age of 18. D. All Board Members present must review the Children's Book(s) before it may be subject to a Board vote. E. The Board must vote whether a Children's Book meets the Community Standards before the Board may vote on procurement/placement. F. If a proposed Children's Book proposed by the Director for procurement and not yet placed in circulation is reviewed and then rejected by the Board, the Board must place findings in the record and complete the Library Materials Review Form, which shall be placed in the minutes by the Secretary in detail as to the reasons the Board determined the proposed Children's Book did not meet the Community Standards or is unfit for placement in the Library. G. All decisions by the Board are final and non-appealable. H. A list of all Children's Books voted on by the Board, including the nomination and voting date, shall be displayed on the City's website on the Board's webpage. 4 24-13971/333967 83 ORDINANCENO. 4318 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 __________ , 2024. Mayor ATTEST: APPROVED A ~ORM: City Clerk REVIEWED AND APPROVED: INITIATED AND APPROVED: City Manager City Manager 5 24-13971/333967 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:24-146 MEETING DATE:4/2/2024 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Eric G. Parra, Interim City Manager VIA:Jennifer Villasenor, Acting Director of Community Development PREPARED BY:Jimmy Hoang, Code Enforcement Manager Subject: Adopt Resolution No. 2024-10 declaring weeds and rubbish a nuisance on specific properties and scheduling a Public Hearing on May 7, 2024, at 6:00 p .m. for protests and objections to the abatement thereof Statement of Issue: Each year, the City identifies privately-owned parcels that have an accumulation of weeds and/or rubbish constituting a public nuisance, and the City Council adopts a Resolution declaring the City’s intention to abate weeds and/or rubbish on identified properties. Financial Impact: There is no financial impact to the City, associated with declaring certain properties to be a public nuisance. Following the Public Hearing and the removal of weed and/or rubbish, property owners will be assessed on their property tax bill for abatement work performed by the City. Recommended Action: Adopt Resolution No. 2024-10 “A Resolution of the City Council of the City of Huntington Beach Finding and Declaring That Certain Weeds Growing in the City and Rubbish and Refuse Deposited on Public Ways and Private Property are a Public Nuisance; and Fixing the Time for Hearing Protests and Objections to the Abatement Thereof.” Alternative Action(s): Do not adopt the resolution, and direct staff to take a different course of action. Analysis: The California Government Code includes a provision allowing local governments to declare weeds and rubbish a public nuisance,as a precursor to abatement. Pursuant to this provision, the City of Huntington Beach has adopted Chapter 8.16 Weed Abatement into the Municipal Code. This chapter City of Huntington Beach Printed on 3/27/2024Page 1 of 2 powered by Legistar™84 File #:24-146 MEETING DATE:4/2/2024 Huntington Beach has adopted Chapter 8.16 Weed Abatement into the Municipal Code. This chapter requires that, “all persons owning any real property within the City keep said property free from weeds or other flammable materials that endanger public safety by creating a fire hazard.” In accordance with HBMC Section 8.16.020 Nuisance Declared, the City Attorney’s Office has prepared a resolution declaring that certain weeds, rubbish, and refuse deposited on specific properties are a public nuisance, with provisions for posting a notice and abatement of said nuisance. The resolution establishes May 7, 2024 at 6:00 p.m. as the date and time for the public hearing of objections to the abatement of said nuisance. Exhibit A of the resolution identifies the privately owned properties that are currently or potentially in violation of the Municipal Code. This year, through research and field inspections, staff identified 136 properties for abatement, all of which are currently undeveloped and vacant (see Attachment 1). If Resolution No. 2024-10 is approved, these private properties will be posted with a visible Notice to Destroy Weeds and Remove Rubbish and Refuse; property owners will also receive letters in the mail advising them of the May 7 Public Hearing date and the pending weed abatement efforts. Following the public hearing and eventual removal of weeds and/or rubbish, property owners will be assessed on their property tax bill for abatement work performed by the City. As such, there will be no fiscal impact to the City. Environmental Status: The removal of weeds, refuse, and rubbish from undeveloped private properties is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301(h), which exempts the maintenance of existing landscaping and native growth. Strategic Plan Goal: Non Applicable - Administrative Item For details, visit www.huntingtonbeachca.gov/strategicplan <http://www.huntingtonbeachca.gov/strategicplan>. Attachment(s): 1. Resolution No. 2024-10, “A Resolution of the City Council of the City of Huntington Beach Finding and Declaring that Certain Weeds Growing in the City, and Rubbish and Refuse Deposited on Public Ways and Private Property are a Public Nuisance; and Fixing the Time for Hearing Protests and Objections to the Abatement Thereof,” including Exhibit A: 2024 Weed Abatement - Vacant Parcels Private Ownerships" 2. PowerPoint Presentation City of Huntington Beach Printed on 3/27/2024Page 2 of 2 powered by Legistar™85 86 RESOLUTION NO . 2024-10 A RESOLUTION QF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH FINDING AND DECLARING THAT CERTAIN WEEDS GROWING IN THE CITY AND RUBBISH AND REFUSE DEPOSITED ON PUBLIC WAYS AND PRIVATE PROPERTY ARE A PUBLIC NUISANCE; AND FIXING THE TIME FOR HEARING PROTESTS AND OBJECTIONS TO THE ABATEMENT THEREOF WHEREAS , it has come to the attention of the City Council of the City of Huntington Beach that certain weeds more particularly described below are growing upon certain streets, sidewalks, parkways and private property in the City of Huntington Beach, and that rubbish and refuse are found upon parkways, sidewalks and private property in the City, and that the same are a public nuisance; and The City Council of the City of Huntington Beach determines that said weeds and rubbish and refuse should be removed and abated as a public nuisance in accordance with the provisions of Division 3, Chapter 13 , Article 2 of the California Government Code , commencing with Section 39560 . NOW, TH EREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: 1. Pursuant to the provisions of Division 3, Chapter 13, Article 2 of the California Government Code commencing with Section 39560 and Huntington Beach Municipal Code, Chapter 8.16, the City Council of the City of Huntington Beach hereby determines and declares that weeds that bear seeds of a downy or winged nature , and weeds that attain such a large growth as to become, when dry, a fire menace , and dry grass , stubble, brush, litter or other flammable material which endangers the public safety by creating a fire hazard , and weeds that are othe rwise noxious or dangerous , are growing upon certain streets, sidewalks , parkways and private property in the City , and that n,ibbish and refuse are found upon parkways , sidewalks and private property in the City, and the same are hereby declared to be a public nuisance. The names of such streets as they are commonly known , and the property fronting such streets , sidewalks or parkways, or where such nuisance exists are hereinafter particularly described according to the official assessment maps of the County of Orange , as set forth in Exhibit A, attached hereto and incorporated by this reference. 2. The Director of Public Works of the City of Huntington Beach for the purpose of this Resolution, and pursuant to Section 39560, et seq ., of the California Government Code , is hereby designated as the person to perform the duties imposed by law, and is hereby instructed and directed to prepare and post notices, to destroy weeds, or to remove said rubbish and refuse as required by law. Such notices shall be in accordance with the requirements contained in Government Code Sections 39564 through 39567 , and shall be conspicuously posted on or in front of the property where the nuisance exists or, if the property has no frontage, upon any street, highway or road most likely to give actual notice to the owner. The notices shall be 24-14221 /332407 1 87 RESOLUTION NO. 2024-10 posted as follows: One notice to each piece or parcel of property in separate ownership of not over fifty (50) feet frontage; not more than two (2) notices to any such parcel of property in separate ownership with a frontage of one hundred (100) feet or less; and if the frontage of any place or parcel of property in separate ownership is greater than one hundred (100) feet, such notices shall be posted at not more than one hundred (100) feet apart. Such notice shall be posted at least ten (10) days prior to the time of hearing of objections. 3. The City Council does hereby set May 7, 2024 at 6:00 p.m., as the time, or as soon thereafter as the matter may be heard, in the Council Chambers in the Civic Center, Huntington Beach, California as the place for hearing objections and protests to the proposed removal of such weeds, rubbish and refuse. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the _____ day of ____________ , 2024. Mayor REVIEWED AND APPROVED: INITIATED AND APPROVED: City Manager ~~ Dkc:or"DfCommunity Development FORM: 24-14221/332407 2 88 2024 Vacant Parcels Private Ownership 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 APN 023 -093-28 023-114-14 023-124-04 023-124-28 023-124-29 023-124-30 023-124-31 023-127-27 023-134-12 023-136-16 023-137-02 023-141-17 023-147-24 023-147-25 023-156-14 023-167-04 023 -167-16 024-011-25 024-038-23 024-038-24 024 -107-09 024-113 -1 9 024-116-11 024-117 -12 024-123-07 024-123-08 024-123-09 024-124-18 024-134-15 024-141-27 024-142-22 024-144-10 024-151-29 024-162-04 024-181-24 025-200-73 107 -691-20 110-017-26 110-017-27 110-021-23 110-151-10 110-151-11 110-152-07 110-152 -09 110-152-23 110-153-05 110-162-19 110-163-17 110-164-06 110-164-08 LOCATION CORNER 14TH & MAIN S/E CORNER 20TH & ACACIA S/SIDE 20TH BTW PECAN & ORANGE S/SIDE 20TH@ PECAN S/SIDE 20TH @ PECAN I S/SIDE 20TH @ PECAN S/SIDE 20TH @ PECAN S/SIDE 21ST BTW OLIVE & ORANGE N/SIDE 19TH BTW OLIVE & WALNUT E/SIDE PCH S OF 22ND STREET S/SIDE 21ST BTW PCH & WALNUT S/E CORNER 19TH & ACACIA N/W CORNER ACAC IA & 16TH N/W CORNER ACACIA & 16TH N/SIDE 17TH BTW OLIVE & ORANGE CORNER OF 17TH AND PCH CORNER OF 16TH AND PCH 14th @ACACIA E/SIDE OF PCH N OF 11TH STREET E/SIDE OF PCH N OF 11TH STREET N/W CORNER 8TH & PECAN N/SIDE OF 8TH STREET N OF OLIVE N/SIDE OF 9TH STREETS OF OLIVE AVE N/SIDE OF 8TH ST S OF OLIVE AVENUE N/SIDE OF 8TH ST ; BTW PCH & WALNUT CORNER PCH & 9TH E/SIDE PCH S OF 19TH STREET PCH BTW 7TH & 8TH TRIANGLE E/S LAKE BTW ALLEY & ORANGE S/SIDE 7TH STREETS OF ORANGE N/SIDE 5TH BTW OLIVE & ORANGE 3RD ST , BTW OLIVE AND ORANGE PCH SO . CORNER OF 7TH 1ST ST S OF OLIVE W/SIDE HUNTINGTON S OF INDIANAPOLIS S/SIDE UTICA W OF BEACH SE CORNER BEACH & TERRY S/SIDE TALBERT W OF EDWARDS S/SIDE TALBERT W OF EDWARDS WARNER @ SANDRALEE ENCYCLOPEDIA -N/OF ELLIS ENCYCLOPEDIA -N/OF ELLIS ENCYCLOPEDIA -N/OF ELLIS ENCYCLOPEDIA -N/OF ELLIS ENCYCLOPEDIA -N/OF ELLIS ENCYCLOPEDIA -N/OF ELLIS ENCYCLOPEDIA -N/OF ELLIS ENCYCLOPEDIA -N/OF ELLIS ENCYCLOPEDIA -N/OF ELLIS ENCYCLOPEDIA -N/OF ELLIS Page 1 of 3 Reso . No. 2024-10 Exhibit A SIZE SQ. FT. 59 X 105 6,664 117 .5X50 5,875 50X117 .5 5,875 25X117 .5 2,938 25X117.5 2 ,938 25X117.5 2,938 25 X 117.5 2 ,938 25X117.5 2,938 25 X 95 2,375 Unknown 3,900 117 .5X37.5 4,406 117.5X50 5,875 117.5X25 2 ,938 117 .5X25 2 ,938 117.5 X 25 2 ,938 163 X 50 8,150 163 X 25 4 ,075 25X117.5 2,938 Unknown 2,875 Unknown 12 ,200 50X117 .5 5,875 ODD 6,380 ODD 2 ,875 ODD 5,800 62 .5X117 .5 7 ,343 150 .7 X 74 .5 11 ,788 ODD 8,000 25 X 110 2750 ODD 5,640 Unknown 2,900 25 X 107 .5 2,688 117 .5x75 8,812 100 X 108 10 ,800 25X117 .5 2 ,937 Unknown 3,400 Unknown 9,000 150X150 22,500 ODD 82 ,753 ODD 2 ,350 ODD 6,500 112 X 25 2,800 112 X 25 2,800 112 X 25 2 ,800 112 X 25 2 ,800 112 X 25 2,800 112 X 25 2 ,800 112 X 25 2 ,800 112 X 25 2,800 112 X 25 2 ,800 112 X 25 2 ,800 89 L 2024 Vacant Parcels Private Owne rship 51 52 53 54 55 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 87 88 89 90 91 92 93 94 95 96 97 98 99 100 APN 110-164-11 110-164-12 110-164-15 110-164-18 110-165-05 110-182-03 110-182-11 110 -184-04 110-184-10 110-186-04 110-186-07 110-186-09 110-186-14 110-186-16 110-211 -01 110-211-04 110-211-05 111-022-07 111-074-02 111-120-11 111 -120-12 111 -130-07 111-130-08 111-130-09 111 -130-10 111-130-14 111 -130-39 142-172-01 145-092-27 146 -211-24 146-311-17 153-051-11 153-201-27 153-421-01 157-411-02 159-102-14 159-151-16 159-282-14 159-393-24 159-393-59 159 -393-60 159-393-67 159-393-68 159-393-69 159-471-15 159-541-51 163-302-34 163-361-09 163-361-10 165-261-44 LOCATION ENCYCLOPEDIA -N/OF ELLIS ENCYCLOPEDIA -N/OF ELLIS ENCYCLOPEDIA -N/OF ELLIS ENCYCLOPEDIA -N/OF ELLIS ENCYCLOPEDIA -N/OF ELLIS ENCYCLOPEDIA -N/OF ELLIS ENCYCLOPEDIA -N/OF ELLIS ENCYCLOPEDIA -N/OF ELLIS ENCYCLOPEDIA -N/OF ELLIS ENCYCLOPEDIA -N/OF ELLIS ENCYCLOPEDIA -N/OF ELLIS ENCYCLOPEDIA -N/OF ELLIS ENCYCLOPEDIA -N/OF ELLIS ENCYCLOPEDIA -N/OF ELLIS W/SIDE GOLDENWEST S/OF ELLIS W/SIDE GOLDENWEST S/OF ELLIS W/SIDE GOLDENWEST S/OF ELLIS S/SIDE OF WARNER, E/OF GOTHARD NE CORNER GARFIELD & GOTHARD N/E CORNER GARFIELD & GOLDENWEST N/E CORNER GARFIELD & GOLDENWEST S/SIDE GARFIELD E OF GOLDENWEST S/SIDE GARFIELD E OF GOLDENWEST S/E CORNER GARFIELD & GOLDENWEST S/E CORNER GARFIELD & GOLDENWEST S/SIDE GARFIELD E OF GOLDENWEST S/E CORNER GARFIELD & GOLDENWEST S/SIDE HEIL@ BEACH ROYALIST W OF PLYMOUTH E/SIDE GRAHAM PLACE S OF HEIL NW CORNER WARNER AND LARK E/S BEACH N/OF YORKTOWN S/SIDE GARFIELD W/O BROOKHURST S/SIDE GARFIELD W OF MAGNOLIA N/SIDE OF GARFIELD W OF NEWLAND E/SIDE OF FLORIDA S OF MAIN GARFIELD E/OF DELAWARE N/SIDE CLAY BTW HOLLY AND HUNTINGTON ENCYCLOPEDIA -S/SIDE ELLIS ENCYCLOPEDIA -S/SIDE ELLIS ENCYCLOPEDIA -S/SIDE ELLIS ENCYCLOPEDIA -S/SIDE ELLIS ENCYCLOPEDIA -S/SIDE ELLIS ENCYCLOPEDIA -S/SIDE ELLIS W/SIDE HUNTINGTON N OF MAIN E/SIDE GOTHARD N OF GARFIELD LYNN @ LOS PATOS E/SIDE BOLSA CHICAS OF LOS PATOS E/SIDE BOLSA CHICAS OF LOS PATOS E/SIDE SAMPSON S OF SLATER Page 2 of 3 Reso. No. 2024-10 Exhibit A SIZE SQ. FT. 112 X 25 2 ,800 112 X 25 2 ,800 112 X 50 5,600 112 X 25 2 ,800 112 X 25 2 ,800 112 X 25 2 ,800 112 X 25 2 ,800 112 X 25 2 ,800 112 X 25 2 ,800 112 X 50 5,600 112 X 25 2 ,800 112 X 25 2,800 112 X 25 2,800 112 X 25 2,800 25 X 87 2 ,175 25 X 87 2 ,175 175 X 87 15,225 97.5 X 80 7,800 ODD 362 ,870 20 X 100 2,000 115 X 50 5,750 ODD 5,850 ODD 5 ,850 100 X 117 11,700 50 X 117 5,850 Unknown 23 ,750 51 X 117 5,851 ODD 7,600 36 X 100 3,700 Unknown 13 ,000 120 X 177 21 ,240 100 X 442 44 ,200 75 X 400 30 ,000 Unknown 5,800 ODD 106 ,100 Unknown 16,200 77 X 150 11,550 ---------49 ,800 112 X 25 2 ,800 112 X 25 2,800 112 X 25 2,800 50 X 112 5,600 50 X 112 5,600 ODD 96 ,416 Unknown 11 ,000 Unknown 53 ,300 109 X 95.5 10,409 ODD 11 ,500 ODD 212,719 Unknown 10,200 90 2024 Vacant Parcels Private Ownership 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 1'17 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 APN 165-281-04 165-311-16 167-311-02 167-321-10 167-325-19 167-325-20 167-325-21 167-341-01 178-071-21 178-161-35 178-201-28 178-201-29 178-201-30 178-201-31 178-201-32 178-201-33 178-201-37 178-201-41 178-201-47 178-201-48 178-201-50 178-201-51 178-201-73 178-201 -74 178-201-75 178-411-17 178-411-19 178-432-03 178-523-09 178-532-45 178-532-77 178-532-78 178-543-19 178-55·1-13 178-651-36 195-053-18 LOCATION S/SIDE CYPRESS W OF ASH W/SIDE OF BEACH S OF SPEER E/SIDE BEACH BTW HOLLAND & BLAYLOCK W/SIDE "B" St. N/OF BLAYLOCK E/SIDE BEACH BTW HOLLAND & BLAYLOCK E/SIDE BEACH BTW HOLLAND & BLAYLOCK E/SIDE BEACH BTW HOLLAND & BLAYLOCK S/SIDE OF WARNER W OF NEWLAND S/SIDE EDINGER W/OF BOLSA CHICA N/S HEIL E/OF LE GRANDE GREEN BTW PIERCE & NEELY GREEN BTW PIERCE & NEELY GREEN BTW PIERCE & NEELY GREEN BTW PIERCE & NEELY GREEN BTW PIERCE & NEELY GREEN BTW PIERCE & NEELY W/SIDE GREEN N OF PEARCH W/SIDE GREEN N OF PEARCH W/SIDE GREEN N OF PEARCH W/SIDE GREEN N OF PEARCH W/SIDE GREEN N OF PEARCH W/SIDE GREEN N OF PEARCH W/SIDE GREEN N OF PEARCH W/SIDE GREEN N OF PEARCH W/SIDE GREEN N OF PEARCH END OF MALDEN CIRCLE END OF MALDEN CIRCLE CHANNEL S/OF ADMIRAL TY PCH/18TH ST -SUNSET BEACH END OF PARK AVE@ PCH -SUNSET BEACH END OF PARK AVE@ PCH -SUNSET BEACH S/SIDE PCH W OF WARNER -SUNSET BEACH PCH/6TH ST -SUNSET BEACH S/SIDE PCH W OF WARNER -SUNSET BEACH S/SIDE PCH W OF WARNER -SUNSET BEACH N/SIDE BOLSA E OF SPRINGDALE Page 3 of 3 Reso . No. 2024-10 Exhibit A SIZE SQ. FT. Unknown 7,700 ODD 22,500 264 X 174 45,936 45 X 116 5,220 95 X 100 9 ,500 100 X 103 10 ,300 30 X 198 5,940 Unknown 2,000 145 X 147 21,344 131X120 15,720 25 X 49 1,225 25 X49 1,225 50 X49 2,450 25 X49 1,225 25 X49 1,225 51 X 49 2,499 ODD 1,225 ODD 1,280 ODD 1,225 ODD 1,225 ODD 1,225 ODD 1,225 ODD 1,280 ODD 2,450 ODD 2,450 ODD 9,000 ODD 9,000 125 X 61 7,625 80 X 71 5,647 ODD 3,471 ODD 4 ,738 Unknown Unknown 30 X 90 2,700 30 X 74 2,250 Unknown Unknown Unknown 22,300 Annual Weed Abatement Declaration of Nuisance Community Development April 2, 2024 91 Background • The City conducts an annual weed abatement program for vacant private property. • 1 st City Council meeting in April – Declaration of a Public Nuisance. • Public Hearing in May to hear any objections. • Affected properties are identified through research and field inspections. 92 PROGRAM TIMELINE • Mid-April 2024: Affected private properties will be posted with a “Notice to Destroy Weeds and Remove Rubbish and Refuse.” • Letters will be mailed to private property owners with information about Public Hearing and annual weed abatement efforts. • 136 private vacant parcels have been identified. 93 Recommended Action • Adopt Resolution No. 2024-10 to Declare Public Nuisance. • No fiscal impact. • Exempt from CEQA. 94 Questions? 95 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:24-178 MEETING DATE:4/2/2024 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Eric G. Parra, Interim City Manager VIA:Chau Vu, Director of Public Works PREPARED BY:Chris Davis, Senior Management Analyst Subject: Approve Sixth Amendment to the West Orange County Water Board Joint Powers Agreement to adjust Director stipends to $200 per meeting Statement of Issue: Submitted for City Council approval is the Sixth Amendment to the West Orange County Water Board Joint Powers Agreement to adjust Director stipends to $200 per meeting. Financial Impact: If approved, the annual WOCWB stipend expenses would increase from $2,500 to $5,000. Huntington Beach’s proportional share is 56.1% and would increase from $1,402.50 to $2,805 annually. Water Fund (506) covers the City’s share of WOCWB operational expenses, and the changes are already included in the proposed FY 2024-25 budget. Recommended Action: Approve the Sixth Amendment to the JPA and authorize the Mayor to sign the amendment. Alternative Action(s): Do not approve the Sixth Amendment. If the amendment is not approved by the majority of member agencies, Director stipends will remain at $100 per meeting and not more than $300 per month. Analysis: The City is a member of the West Orange County Water Board (WOCWB) Joint Powers Authority, along with the cities of Garden Grove, Seal Beach, and Westminster. The WOCWB was created to operate and maintain large diameter water pipelines shared between the member agencies. The WOCWB consists of five (5) Directors and meets quarterly. Section 6 of the original Joint Powers Agreement (JPA) set Director stipends at $50 per meeting and not more than $150 per month. Stipends were later increased to $100 per meeting and not more than $300 per month via an City of Huntington Beach Printed on 3/27/2024Page 1 of 2 powered by Legistar™96 File #:24-178 MEETING DATE:4/2/2024 amendment in 2005. On October 18, 2023, the Board requested an adjustment to the Director stipend and asked staff to bring an agenda item to the next meeting. Staff researched the stipends provided by other Orange County Joint Powers Agencies and found that they ranged from $100 to $212.50 per meeting, except for the Santa Ana River Flood Protection Agency which offered no stipend. On January 17, 2024, the WOCWB directed Board legal counsel to draft an amendment to the JPA adjusting the stipend to $200 per meeting, based on staff recommendation. To facilitate ratification of the amendment, each member agency must approve the amendment with their governing body prior to the next scheduled WOCWB meeting on April 17, 2024, where it will be voted on by the Board. Environmental Status: This action is covered by the General Rule that the California Environmental Quality Act (CEQA) applies only to projects that have the potential for causing a significant effect on the environment (Section 15061.b.3 of the State CEQA Guidelines). It can be seen with certainty that there is no possibility that this activity will have a significant effect on the environment. Therefore, this activity is not subject to CEQA. Strategic Plan Goal: Non Applicable - Administrative Item For details, visit www.huntingtonbeachca.gov/strategicplan <http://www.huntingtonbeachca.gov/strategicplan>. Attachment(s): 1. Amendment #6 to WOCWB JPA 2. WOCWB JPA 3. 2005 Amendment to WOCWB JPA 4. Presentation Slides City of Huntington Beach Printed on 3/27/2024Page 2 of 2 powered by Legistar™97 98 SIXTH AMENDMENT TO WEST ORANGE COUNTY WATER BOARD JOINT POWERS AGREEMENT This SIXTH AMENDMENT TO JOINT POWERS AGREEMENT ("Sixth Amendment") is entered into this_ day of ____ , 2024, by and among the CITY OF GARDEN GROVE, the CITY OF HUNTINGTON BEACH, the CITY OF SEAL BEACH, and the CITY OF WESTMINSTER, collectively hereinafter sometimes referred to as the "Contracting Parties" or the "Parties," all of which are municipal corporations formed under and existing pursuant to the laws of the State of California. WITNES SETH: WHEREAS, the Parties hereto are all of the parties to that certain Joint Powers Agreement, executed on October 25, 1967, known as the "West Orange County Water Board Joint Powers Agreement" ("Joint Powers Agreement"); and WHEREAS, the Joint Powers Agreement has been amended from time to time on December 15, 1969; December 1, 1993; July 15, 1994; October 17, 2005; and October 18, 2023, which prior amendments that are incorporated herein by reference; and WHEREAS, Section 8 of the Joint Powers Agreement provides that the terms and provisions of the Joint Powers Agreement may be amended with the unanimous consent of the Parties; and WHEREAS, the Parties hereto desire to amend Section 6 of the Joint Powers Agreement to increase the compensation for each sitting member of the West Orange County Water Board ("Board"), which has not increased since 2005. NOW, THEREFORE, THE CONTRACTING PUBLIC AGENCIES HEREBY DO AGREE AS FOLLOWS: Section 1. Recitals. The foregoing recitals are true and correct and are incorporated herein by this reference. Section 2. Authority for Amendment. The Parties hereto are authorized by law to contract with each other for the joint exercise of common powers under Article 1, Chapter 5, Division 7, Title 1 of the Government Code of the State of California, and are authorized to amend the Joint Powers Agreement pursuant to Section 8 thereof, by the unanimous consent of the governing bodies of each of the Parties. Section 3. Amendment. Section 6 of the Joint Powers Agreement is hereby amended and superseded in its entirety to read as follows: 43424560.l 99 "SECTION 6 Directors shall be compensated for attending meetings of the Board of Directors in an amount fixed by the Board, which shall not be in excess of $200 per meeting of the Board. Additionally, the Board may provide for the reimbursement of traveling expenses for Directors between their place of residence and the location of the Board meeting. The Board may provide for the reimbursement of the expenses of a Director if such are directed by the Board to attend any meeting or other activity which it is determined by the Board to be in the best interest of the West Orange County Water Board and which relates to the accomplishment of the purposes herein provided for. The compensation herein provided for shall be in addition to any other fee or compensation to which the person entitled thereto might otherwise be entitled to receive by reason of some other office or position which they may hold." [Remainder of this page intentionally left blank] 43424560.1 100 Section 4. Remainder of Agreement. Except for the changes specifically set forth herein, all other terms of the Joint Powers Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Fifth Amendment as of the Effective Date. ATTEST: Name: ____________ _ City Clerk, City of Garden Grove ATTEST: Name: ____________ _ City Clerk, City of Huntington Beach ATTEST: Name: ____________ _ City Clerk, City of Seal Beach ATTEST: Name: ____________ _ City Clerk, City of Westminster 43424560.1 CITY OF GARDEN GROVE: By _____________ _ Name: ____________ _ Mayor CITY OF HUNTINGTON BEACH By _____________ _ Name: ------------- Mayor CITY OF SEAL BEACH By _____________ _ Name: ____________ _ Mayor CITY OF WESTMINSTER By _____________ _ Name: ____________ _ Mayor APPROVED A -~o FORM MICHAELE. GATES CITY ATTORNEY C&vt, CITY OF HUNTINGTON BEACH 101 .......... , ' \\':, 1,: .,, .. ·• ... ' .. ;:._ '· ~-'. ,•, ., THIS AGREEMENT, made .th:ls0 ;ar:[!. day· ~f a-,~-4> , 1967, 5 by and ·between -t:he .C!TY OF 'GARDEN· GROV~,· l}erei,-qait~r-in some in- _:_·61 stances referred to as "Gard~n Grovell, the CITY OF HUNTINCTON BEACH, ,, __ :. 7 hereinafter in some instances re_ferr.ed to, a& .. '~Huntington Beach", • .. I·: .. • • 8 .the CITY OF SEAL BEACH, hereinafter in some instances referred to 9 as "Seal Beach", and the CITY Of' WESTMINSTER, ·hereinafter in some· in . 10 stances referred to as "Westminster'.', collectively hereinafter in .. • 11 some instances referred· to. a_s "the ,contracti~g pub~ic agencies", all ···:/12 of •whom are general law cities formed under and _existing pursuant to •• ·13 t_ne. general laws of the State of C..lifornia except Seal Beach and •• -'·" • ~-l'..4 Huntington Beach, which exist as charter cities under the laws o~ ; -16 .the St~'te. of California·; . Ir~: ·~,-- •. ~l • '16 ·.·, W I T N E S S E T H :~~~-. g ~ ·~ •.• ,_ ... - i,;i\~E-,,l?_ .• ,:-,.~f.HfRF.As·; the parties hereto are one of the origil}.al parties, . ·u ii X.su~~l(ssor to one of the original pa~ties. ,or an '!1ddi~ional party a:<. : . · .. • . ·, . . ,. , •19 t!J',·•the::existing1··.Joint Poue-rs Agre.ement.and ·amendm~nts thereto ,., ::'•·~~iq :~~~er'-~hich the, ~est Orange Cqunt/ .. wa~cr Board was· heretofore ·:··~i-':~;~~ted,.-and '·. • •. ·_ .· • ,:.,;~~:~: .. _~: .... :_ ··, .. /~' •• ·11 ·:· ·•.·. • ,J' _.· .. ~ .:-\}·'<r~:~; .. :/f·()~~S'i it_ i~:"th~-clet,1ire_,of_.each.o~,:-the contracting public • .' ,:'• ··~ t• : ~ •}:'•• ••••~1.~ _'.' .... .,. •. -•~ . , : "•,_.,• .•. · ,,r• I.~"' •' • )" i •'•• •. ·.•·,:-~.'~· :2~ lagen~es;tto :~'J.a:i,tfy, 'the .t~I:lllt:,inid 'provisions of that agreement as ···::~~,<}-~~}~{ ;~~.~~1~~~-:~;~/'.:_ ·;_,:-::~:i:;:·_.·:,:::~~~:t·:'~j'l}<:.?tr~f. , : .. -· • ·: :· '.~·25 : •. ; /.,.-.~ W'HERfAS .. each· 9f .• th~./i:orittact:fµi{ public ~gencies• has; hereto- -. J.·.:1 /~~---,:<r~~1~1 :~_-:.·:< ·-.~--:~·!· ! -.. ·_.-:•·.-· .. -~--.\ ~··.J,-'!:.-~ ,~~ • ·:.: . ' . ; ·;\··.2s !rore·'.detertiiined-and does·· a·t:". this-time 'determine that facilities • to ,_, • • ( ... , -~,_:,.•. • •:~?-••:•: ~ •,; _.:• .. } ::. ,::_.r i.. ' . 'l •~;~. :•:?/ ,: ;~ •/••. • ~ •• ,_ .: • , • I • • •:-: • (?~'t -~-~PP,f,Y:t~~e-,. ~ntracti~g;,-;pt1blic:·_a~encies with a s~~ply a£ ~ater· may .-:).:<',)~.-: .. •• ~l--i,;· '?--:~~;-~· . • • 1•: ;.··-: •• .• : ·.-·:· •• ·•.: .. --, • .-• ·• • 28 be -:opr·e,;'eco_noi:nically and; efficiently operated by the: ~ntity created:: -~~r:. . -_. ,._:;~ ··t,•·=::~ ... .-f·\ .. • • ---. ... ·- .,. •. • )J~ and ~to~-·-~s the W~s·1:·:o·range· County Water Board, and. • WHERFAs,· the·contract~ng parties are authorized by law to 31 ·contract ~ith ·each .other for• the· joint exercise of common powers 32 runder Article.I, Chapter:5; Division 3~ I Code of t.he State of ~lifornia, and . -.. ,:· . . ·-.. . I .. _,_:?),:.,-: ; :· 7, Title 1 of the Government 102 \\~~,f _{:ffi:;_.: ·-·• i.\~1'.f Jf it}'f ·r • : ·· }\':}; j{'.f Ttl : • •• • WHEREAs; ~ach ,;~frt~~JL:i~i~g pub UC agencies is autboriZO _/·;+~i-,\_ :~} ~ by law to acq~ire, c~~~-~~?t:~-.o~'.e~-~t~ and mai~tain facilities· for _ 3 t~e_ purpos_e of obt~ining.~' trans~it-~ip.g/ storing, and distribu~ing '.:;;( ''./i i6 ,g 'supply r;>f water;· .. NOW~ THEREFORE°, i::he.,conb:-acting public age1'ices for and in, , ffi~ rP :J .. )-<C ., E zZ <" .. ~ ~ ( cbnsideration of the mutua,l cov~nants herein contained do _ag~ee and 7 exercise . the foregoing comma~ power as follows : •• ···\!. 8 9 10 ll i2 13 14 15 16 17 18 19 t 20 21 .·22 ; i 23 24 25 26 '27 .28 .29 30 31 32 33 I SECTION 1 This agreement· is mad_e under the provisions. of Article I, Chapter 5, Division 7, Titl~-1 of the Government Code of the State of California and is for ~he purp~_se of constructing, operating and maintaining facilities .foi; obtaining,. transmitting, storing, and .-. <l,istribut~ng water to _the. parties to this agreement. SECTIW 2 i . The parties hereto_ have'created and do hereby create a sep- arate public entity known and designated as the West Orange County W~½er Board. Said entity was created for the specific ~urpose of consti~ct_;(ng, repairing, maihtaining, operating and administering .r . ,'1·lqint pipeline or •• pipelines anrl ·o~her facilities for obtaining, . ... ,. t"i:an·smitting, storing and di's:tribµ;ing water to the. parties hereto~ {.'' "' • \ '. ' • f':. . . , . • ~ • : ,.; ::· .• _!_ --. • :\ • ·It 4s,. specifically· a:gr~eqi.th,a!:"' the· west Orange County Water Board ~ 1 • •' -., • • • t. I • • • • • • • • •' ' • ~Y· '.tak~:· acq~ire, -~ui~4~;;/, l~as--~~\-h~ll and ·own real and personal ~--'.·. :·•~--'i. ;,.-_,._ •••• 3·· -... <; • •• • .:·. __ :._\_. ~-•• ~;.: • • ·prope¢y",in 'any maµn.er'"and .:o_f:.~y~~y class or description, contract : ·: .• : .• :J•-), .·•1,. ·_,_..,, -~-'_ ·._ .. :':··:_ •• •·.~--J:.·.-. .' . .. with public agencies,' p-i;-ivate ·persc;,ns and. corporatlons; exercise :·~. • _\.;_._ .. • !•r··.: :·~ . ."\j(·•·· .. -_-__ t.:!·•·:··. the •right ·of eminent 'd_omain eith~r, by itself or in conjunction with· any o~e or.more of the contracting public agencies; sue separately or in conjunction with.any one o~ more of the contracting public agencies; adopt rules and regulations for the works and facilities operated, maintained or controlled by it; employ or_ contract for services and-labor by individuals, as well as public and private • corporations,, and to do ·all-·things necessary or convenient for the proper performance of this agreement and the purposes herein_ spec- ified. l! i 103 , :-., -·:.; /rf:-.:~,1·1• • ,\ 1·:·,:1.f." -~ ·f,; .. !-;1--~,~'e: ~-~fi~¾.i:()[:!t,,t~:;i!· -~ = ~-'•/: :~--.::i_/'"~,· .,r;:-.: . : ·: .. •,, ... •.,:, :·: • . .,i< • :, ·,. -~ 1.Ji!J..,;,.-.1-:·w. ,J•~.:i;a.._:1 • , .• 'l • ... _. --~' .. r• ,, .• ,l !.:."'•''ti, ·t\~.,,..;•<'!:"'f'• •• l. ;.-, i,"r;. ,JJ...,._+i:.•f,..~~-·•,,•"1i~ ~rr,•,\;1.. •·t Ja::·?• • r,t:.> .. •. :: .. ·~_, 1 .. ~J.!'}f >·:-?{:r:.i•, :.\(~: .. ;_.:~:};_;5rtt~t:~/~(/Y • ~:-r1\:.··;{ •. •• _ _. • ·,. :;, ,. 1'~····•~.-., .. y,,., .•.• , .•..• »lf·,.'),r·'J,?.,., • .., ••. ····•.;• .•. ,· •. ,. -~):r:·,~~·~:,l,'· -.-•~ !::·::::::'.. ~-~::<. •· , ':t~?~~II~~:;: ,:>::·. ;:·:c}r--, .. -. · · ; :r - ; 2 The· Board· of Directoi;s ·.pf !f:hf West. Orang~ County Water • • • • : ,• I I .:•r , ... :• •:t• ~ •. ,·~. I, , • • I . ,." ·.::; ·:Board shall conaist·of:f~ve.me'!llb~J:"s .. ,. Carden.G_rove, Seal. Beae::h • • • ' :.' .. • 0 •. •;~ • • • • :• ' • • • i, :: • • · .J. • , •." : I • ' '• I • 4 and Westminster shall eao~ appoin~;-a\person tci .serve 'as· a 111~~er·. :;_.5. I ol the ~~~ ~nd;.~~J:ing~o~,:~~:~,'~~11:,~?rf'f~t:,.~~ p~rs6~~ ~;~,( , 6 serve a·s. :~embers of 'the.. Boar:d .• Eac:°h member • s~:11: fil,e with t:he .. ;-~x. :.· .. : . • ! . :' . _. _ _-: -~ '..>:· ... -· .. - • _ .. -::: <~··:· . < • .. •.,. :<\ 7 West Orange County. W~ter Boar.4 ,a ~ertified cop:t o~· the >resolutio-p • --. .. ;. _: • . ' ,· .~ . ~·.: .. _.: . . : • ·.• • , _.-. . . . . ?~-. -~; • 8 or action ·o_f the contracting _public· agency whi~h appointed, .. them. • • lf ·, . , . 91 Persons appointed to be a· meiu~er of the Board of Directors need 10 I not be.~ ,tne}llber of t~~-~it~.' ~~~~c~l. o~ governing body of the 11 -contracting public agency wl:lich appointed them~ In the ev~nt . ,. f ... ., ,, / • ... • . 12 that a_dditional 'en~tt:i.es or ·co'ncern~ become a party to this· agr~e- • • • ,I ' .• j, ! • • • . ' : • . • : ; . • . • . i • ~- 13 men~. ~·s • herf;i'np,fter p~ovhled1 .. the'rt the· members.hip o~. thilt Board ; j • ( ' • ' • f .• • . • ' . ._. , . ,·· . • . : . • 14 ~hall'. be_ increased by orte·:~e·mber-..for each a:dditional party to.· the . ., . '· :· . ·. . 15 agreeiqe~t·•t,mless all ·.of ,thei partied• shall agree ot1:terwise ! 16 <>· ·;. :?, ·.; '(·,.·:::/ 1 ... ~\}J(:, /·. kl •• The Bo~rfi. &Ml~·,go'!ern ·th~" affairs of the West Orarige • • ; I • 1•· \ ., ·•• • .. • . • • ' . ~ ' :i • • < '. • • . 18 County Water Board ancl ,sbaii·-annuaj. lY designate one'. of its members.· 19 t~ -~e~e ~s ,c1~\~~fof.:th~ ~~f • .. ·._He ~hall presj.de at all ~etin~·s • t, • • ............ f .-•.·' • .• • . . .• . 17 20 I In. his absence, the remain-fog· ~embers of the Boai-d. shall appoint a· I • • •. . • : •. ", , . . '· . . . • ' 21 member· t~ act .aa' Chai~ri. P,ro';t~m>. 'llie B9ard sh;all_ appoint _a Sec-· • • •• • ,': •• ·.: : • •• :·•!>, ·.; ~· ~ ......... :.:.-? .• ··,.;. ,t. • ,.. : 22 retary· :who· tila'.y'·•appoiI\t an,.~s.btap~~ s~~~~~ry: for, the purpose-o~ • . ;' .· . . . .-. . .. ••. •. ::.:', :,). • ·t~· .: "'~-.-, .. :_·~-; ~·. '. . ••.. · . .:· .. . -~, ..... • .. : 2.3 conducting and r~co_rdi11g t~efa~fairs' of t~e .. \,(est; Orange Coun.ty; Water .. : :-, ; .. .-·:·._:•·.: -··._.~:·-.>~-.•.:-~•·;:".rt·A. '\.~.>:_'4,-•. ~~:.:~. ' . :• -.~. : __ • '· 24 Board;· The .. Board tDfJ.:{ e'l!lp:li;>-y• addI~ional personnel' to conduct· tht!I .. :, .\ ... ·:.:. ·-;~•-1."•; .• -~·-·.'._·. ·;:-::: .... ;:--.:-:·.\·~· • --.: ·:,_ . . •. • •. 25 financial: ~nd. administraH~e'-.~~fa:i:i:s, o_f: the Wist· Orange. County Wat~r ; '. ., • • • •• :_ · • •' • • • •• :. ' .... ~ :-:'." ,.·• ... , • •. ;t ·• ·: ;· .. :,r ".-• :· · :i ·~ -" '. • • • • · , • • • :t • • l • • 26 Bo<U:d> or may;cq_~tr~c.fw;l;th·o~e:o~ the.:part:ies or a~y _public or .. '·:·. • • •:•'.•: • •, ':.'•:'',,•\'• • •,•.:l~::"•.••~:._,~;••'. 1 ,,.:;.1 •~ ~:•:•. •: •,• ~• I~ • • • • .• 0 / ,•:•' , 2.7 private' cohcephto:,:'provide·:auch'financ;ial'-and: administrative se~ice ~ J. • . -;. • • ·.1 ; ·,. • •• •.l ~. •• ... ,. ' . . . •.. • 28 I as the ~ard. ma.y. d~l."m: n~d~is.ai:y: from t:i.me to· tiuie. ,, -••• 29 • ' }::,'_·/ "-:'.-:·.: ./: • • :',; .... • · · • ' ·• • ~ECTION 4 The Bo!!,rd ;hall·· designate a· lqcation foi; the office of the ' ' -·· .. ,. . . ':'. # .~ • \:: : • ••• : ·:1... • .• ~ ., •• l : : • • ~ '• ' ·' :-.,. • .. -~3.;.>"_ ~-' . : .:;J::l"~~;:;;;;:;,1,:: •• (b: --. 104 . , .... · •. ·. ·' • ':;-:, .. : • ·, 1 • we·st' Orange. Courity'W.ate~ ·Board· and. designate ai1q~te; · .. time and •• f. .'·, ·'• ;:._. • ... , ~.-·.. . . .:··:•···, .. :~i-...... _:·.~ ~-~. _._, .. r.. ·.-· •. '·.. . ,2 place··for; t;he regu_lar. mee,=.:1,ng·o.f:~the Board.: 'l'he-·Board,shall also • 5 ,,establish a means for•_gi~i~{n~~~c~·; to:•;~ch. pa~~~ to ~hi.a agree- • • • • ,· •. •. • • . :, ·., I. •. ·:: .t •• , • •. . 4 5 1 ment of any special meet~ng ·or the -·~ai::~· ~~~e~-~ ~o the exten~ : that said· notice ·may b~ ~aiv~d by,·~~~ prov'iai~s·· ·or the. Go~ern!llent .,t . ~ • • • : ' -· 6 Code or ·.other laws of the' State of Californ~a._.· A <J.UOrum for ~~e 7 .. ,. transaction of bus-iness ·Of:the West Orange &;1.Ulty Wate;,:; Board. :. . • . . : • . :. • .. -: . _. ' . . :· : . • . . • . shall require the· presence ·of a majority of its 1J1embe;-s. Any . . . . . 8 I 91 ;action _:o_f the Board shalL_ re_qui~e an, affirmative vote by a 10 I majority of· the members ·present at the meeting. A.11 meetings of I ' ' •• • ,... •. • 1 l 1• •; •• . , .. ' : .... ' I' . 11 . the Board shall· be open. to. )th~ -publ:f,c and the Board shall cause r·· • .. . , "' ( . ~ . . 12 its secretary to keep true and accurate minutes of all meetings ~ .. , • . •• I ! ' : , f ••• • • 13 wliich are publ~c-·fio_cUID~t\t~ :f~d s~;r·be available for inspection 14 at the office of the Secretary, ~y any interested p~rson or . . . ~ ~ .•.· '. .. r ~~:. :: ,~ ·.\;.; -;~. t.J :, 15. c_oncern_ . . . ! ~ ... 16 • :y . 1·1n accomplishi.ng th~·:•purpo~es ·h~rein specifi.ed and exercising : .!E·:. 17 ~~E:. power~ :~r,anted to ~~~ :~~~-7; Or~-)~.~. County_ Water Boa,rd hereunder, g I .);6 . t~e :~~ard shall ac.~ in ac~_~1:dance. ~.f,~h such __ ~eq~ire~en_~s as are .. • 11: ),? ';spec#f.~~<l-.by law fot;f:.'~ei::ieral law?:~-~ty of the·St<1_te of California_." 20 ·!".}· ••• : ·iii~ -~a.r4 : ~haii"~sta~lish 's_;~i( ~cc~unts •. ~nd bookkeeping pro·- ' ~· ., ' ~, •.•. , J ... . ~-.•·· •• . ' • . . . .. : . -. • •. , ." !\:;·'° . ; '. • • • . • ' :,;:'-21 ~edures-. as are ,;iece$eary ~o .carry~(out the purpose of· this agree- / • .. \ .• ·,:i'. ·, '·:..;--·. ', .. : :.:· ... ,, ..... : .. •• ... ,,; . ·_. .. •. • • • .... /, 'm~~'~.··. -.~il .fUIJ~S; sha.11 ·be_ '•si~;_<::t.~Y.\~c;cpunte~ ·f~r. a:nd all rec.eip_ts 1 _·: ..• :, >, w\t, • .•• • .', •, •,. •• ! : _.~ _.J I •\ 't' •\ • • J f • ~, • • ., • • • •• • 't 'r. . : .·:{S 2 ~ \~~:.:~}~tr~-~~~f~.~:.'..:-~au.-;tr/~r}:t~~~1~\ •• _The ,f:hancial re~~~~s' i()i(!'. -~:~t ;~:t=::::f~~:f!~~'!,\,~~~.l_;_Rr;-f~~~-~~-tr.an,independent ;Certifie~ .:· :_ j ,:· •1; '· .... ~ 25 ';I>t11:>ttc\Acc!)t.mtant::_at :ieasf·ooce/each yea_i;-. The audit,. provide4 •• 1·1.··, ~--ttf.\•,•~ ;_· • .. ·;_,· .. ·; ...... ••.• .. ,._'i'·:;_'.·;.·1;· .· ,:·. . . · • .• ·: · ,. '·\\(· \~?, ·i~r{Jie;e~~-/:~hail)be:{?9iDpl.et~d an{'available to_. t~' parties : • :·\·.:/~,!; :ef'~jt/f~_:·the_·;~-~li;~<~p~~~:~~~~ ~;;~~-;-·f~_f·l~TA.in~ th~ ~nd ~f ~~e_.:. ··i • • (~~ -:partt~lar ._fiscal year :an~ in no eyent shall the audit be completed.· ---:-:::.; .., ; ·:· :, _ _-. ·••.:· I ... ; .. • • . . . • . , • •• • • 29 _.and:pia_d·~ a:va,-lable t~> ~he. pa_r;ies • later than six,' months. following :". ·.-, . . . . . ... \..... ,· . , . . . '? 30 the··;C;rid of· _;the., fisc~f y~a~ ·in·. ques~ion·. :,-,.• ,:;i .;; ·:. • .<,:"··· •.. • • ;· · ··SECTION~ •• , .·• I .• . ... 32 .The expenses Q~ the We9t Orange ·county Water Board shall be '. ..... • ... ·: I ~ • • wt ' It-,-:'!.:~ "' ·.-C·· ~:·.~--· ~-.,_··>· 105 ;., - • 'J • ; _ _; ... ~ :-•• ·:r '~~rri~.\;;, the' partie·rhe'r.:~f~\o~· t:Qe/fo~lpwing basis: • :J: "/ ~ •• •. I , •. : •. ! .... t ·, • ·/ ,._ :.-·. • ~ •• ~:. . 2 • ~) • Each en~ity sha~l be· charged and 'pay for, on a mon;hlY, ·3 .basis, ~he w~ter obt~i~·ed·b; it:·• fro~·\he West Orange Count_y.Watei'.-- . • . . :,. , . . • '.,.: • . . • ._ ... , .• 4 Board. The amount shall pe. deteqiin,~d by the cost tl}ere~,~; to· the . 5 West Orange County Watei,._Bo'ard.: _.t. ,; : ••• :· . ., ; ..... _ •••• • • ' ..• •. . ::, . ;i ·-'. ~ _:· b) . Costs o:f opeJ:'atton, maintenance and administration,, . ' . : ..• ' . . • 6 7 including,diJ:'ectors f~~s;~e~gineering services, legal fees an<t '• • • I • o • , .. , •. ~ •:.• ./ t• • . • o ; • • • •: . 6 costs, accounting and administrative costs, including'the ex~nse 9 of a secretary and assistant secretary, office suppi°-i_es, and an ·' 10\ annual ~udit, as. well a~ s~~p. in~urance as the Board'may c~rry, ' 11 slu.1:L be bc,rue by each ~n~it.y on 'the _';:insis of own<et;'f!hip. Ownershi°p 12 sha 11 • be.' dete~ined on th~-basis-'of each party.·• s proportionate 13 sharl=!, .of, the ~otal cost_.'.of_. constructing all· f~ilities. operated_ . . . • . • 14 and .maintciined by the :~est Orange _County Water Board. In this. re- 15 gard the''co;t. to County ·water Works Districts Nos. 3 and 5 of those· 16 facil:i.tie~ leased·t~':'the cities of'.Garden G~o;e and Westminster -~ I -~ l • .... , .. ~. • .. • ' .... . -.. . .. • • • 17 shall ;be used ·in computing· the proportionate share ·of owner.ship of . . ··r .,. • A"' . . . ~ . .. . . . . . . 18 all_ fad,.litiel:¼ .bperated.'by the West Orange County Water Board. It . . ; .. ,. .. -: . 19 is .a:~know1~dge~ .:~hat, u1t\mat~1y ·~~en Grove and .Westminster ~-ill 20 i;;\h/~l~r~: ~f th~s·~ ,i~cilities;:: -• ••• -• ' _ .! . -t I ' • . -' .. .• •• 21·, i-)~\·. ~c) :•:T_q~:~o~.00·(:~~ot:'!t:~~ti;~,;my add~tional. fac_il.:ltie~ _. 22 s~i1 -be .. ;~ "t'ii~.li·a:si~~~?-~~-~·c1i:;r,~J. said ·facilities or ·a~ agreed . . ;·,i. : . . . : . : ...• ,:-. __ : "._ .. _. . . •.::. . -· •• .. • • • 2~ ~pon ot· ~u·; ~~ej;~~i:~~:../;.~;")f rt7.. to_ this agre?ement sha 11 be obli ~- . . ., -' \-l l ... ,-<. l; ....... , .,.. .,.._.•··~•.l:',_· 24 _ gat,e~•::~?··,~-t:i:~!::8~f~j~:n:t.t~:~t.~~-any facili.ties .~or 1s f~t<>.(·· 25 ~rt_y :in a_It}t•~a.-y _pbI{~efl-it~ P.a->L'for any portion of .th_e cqst .~fl o ••.•<:I• •~•·• ~•,4, ! •, ,0 /'••'-'!~;:~;.~ ~-;=-~! -~ • • • I ••· •• .••, •-•:•-~'. ,,,,. • ~ 26 const:ruc.t;ing•any ·~cilitdes-:in; ·whi'ch · it does not ha,ve an interest; .. • --~~-• .. --~~---: ...... _~_-~ .. ~.-•• _:, -~_._.,/.i:!f~j•-~·-·._;;' • f • _: ! ):,•·"": ; •• f 27 .. f. d) • Should H: b.e!. d·et~-qni~d th.at the:· West· O~ange Cb\m~y ::,.-:; • , .• :·: .~.,.. ~ • ·-,,. :-,,..· .. ':J:~·-·_,··~·:,·.:·. . 2 8 W~ter :Board; is,. for .a'ny ·r~son,! liable to any person. or' concern, •. • f . ; '_..,. . ' , . •. • .. • :·: : ~ .•J • • • .. • • • • • : 2 9 \ the~ _t'he co~t·· .. thereo( shi:lf ?i'·b~~e by the parties. hereto on the - 30 \ basts _of· ownership. , 'jrh~ '0.ent ~f such liability s_hall be deter- 1 • .... • 31 1 mined· on the·· basis of each pa_rty' s proportionate share of th~ 32 [ total cost of constructirig,allfacilities operated and maintained ~ ·, . ~ .. • , .. '. . -5-.:;·· •• . -·? . -~ ----,.:..._---'----: .... :_ ~;~,.·;; :. ::~~·3.'.-~~ :~::~;~t;,:., --. ' -------------... --- 106 /. . . ;. ·, • . ·:. l by :the West-Oran~ Co_~t!y:_Water Bo~rd.·· ·sue):\_ <;9°~ts _shall.-in<?lµde • •/• • I •,• .•,.,. ~ •. r-:}?r•,.,. ::.~ • ':._-.. ,..:~.-~-:, .: "J .I-I\, ." • .to ~":•~• •. : 2 ·an expens.es rJlaHng ·theret:o,.:_·~~c;l;4ding_ the defense·of the West __ ,,.'-'._'.:-,_._.,,. • • _. •• .,. ·: ., , . • •.• i" ~,~ r. • ~ • • . 3 Or~nge _ _c~~~y l-/a'ter'.-~~a.r~.-~nq· it~--~f-~~f!_er,i, _an~.';~~p1:~et• ·-~::~usiv~r 4 of lcgql;fees and co_sts. •• • ·: _ • •. . . ·· • :': 'f\· 5 • ' ,. t'•' • i ;, .', . . . ' -~~._I,, /•, _! ):. H-:.: i:_.:: ·. • •;':, •' '.. I ,i • '.• • :.;'•,, ; , 'i ,· :, '. • ' I • -·' 1 lj • f .. t I~, .. I •. • -.. ' ' • ,' 0 ; \ '· 6 I ·Yn iord~r '.that "rundi:t-" will; be··available. during tlj1{· year-to . ·7 \ meet the exp 0 ~nses 0 o'f 00 ~h-~-·westtOra~~e County Water ~ard, a~~ in orJ 8) der that each party to this agreement may budget for its portion of ii 91, the expenses of the West Orange County Water Board, the Board shall, 1: 10: in April of each year, estimate its costs of operation, maintenance, ! ll'and administration for the next succeeding fiscal year. The budget 12 shall show the estimated share of each party to this agreement as 13 herein provided. The governing body of each party shall act upon 14 the proposed budget prior to July 1 of each year and shall pay 15j to the West Orange County Water Board as a deposit against the 16icharges of that entity for the next fiscal year, one-half (1/2) 17\of said amount on or before August 1 and one-half (1/2) of said l8lamount on or before February 1 of each year. In the event that 19 an entity 1 8 deposit exceeds its costs as herein prcvided, the 20 balance thereof shall be credited against the deposit for the next 21 succeeding year or returned to the entity as it may request. In 22 the event that the costs or expenses of one of the parties to this 23 agreement exceed its deposit of funds as herein provided, additional 24 funds in an aroount determined by the Board shall be deposited upon 25 demand by the West Orange Connty Water Board. 26 27 : '\ SECTION 6 ·' ~ • . . . ; .. · ..... --.::_. , - 107 -·_ ;:·;?z·rr i'.;f J/.~~Jf ~£~~J!~t1!;~;:'.-~·,w;f :: ::•:::.·:_:::;;i{t~;i~~;~-;, ~- .. : •... _· .· v ~., .... ,.,-~•,-~ ',..! ... , ··" \. i, .. ~,Jr-:.f ~l .. -_ . . •. : :'. -~ .•; ...,..~ .. - •,_ •• ·? °'.' -</j~\.,:t,1~. J.: ;1·-r: \'·;_~:Vt:'.\,:::~';/ - _ ·.· ·;,_~~r:: t: t:: l. f~.f the'. r:eimb1Jrpe~~t: .. '?.f.:-·f.ra.v~~i%,/:!lf~~~se,a/fo_r Directors ~e~~:~:,':~ ,':'' 2 thei~--~1ace. of r;~i~~!_~nr~~-/il:i~~i~n of th~ meeting. Th~?' ., .. ·.: ~·. •• •, . • .•• • • • ••.... ;~i .. ~ • -.. _·\,'. A.\ ~ -~. . . ,: ~\ 3 • BoEt.l:'.d 'may prov:j,de, fox:, .th_~. pq~i;i~··o.f. the expense_s of a director or •• -, ••• -••• ✓ •• --a-• ' -, '' .. !. ~1,J,··•.'' ·-·-,.. . _,. l ' .... ,_ 4 th~ s~c~~t~f/;fi::,su~f. a~e:/i~J?~~~ by:\~ 'Boa~ii to attend agy .~ :· \ . ·. . : ,, ~ . -'. • . ' ~.. . . . : . ,: . . . .-·. '.' ~.. ... -~ .. . 5 . meetlng or:.,oth~r ~cfivity ~l\_:f;ch. tt. i:fl:. _determint;!d by the Boa~~ tq::. ~1.-, •. •· c.'.; :: ' _.. • •• :• ~ • _-:,.., •• •.; . ' ._ .. ·; \ . I • • • • • •• • • 6 .be in 'the-pest intere·si:-. of. the West Orange County Water Board and " ·. ., . . .. ~· . . . . 'I .-~~I~~~--;~~j,ie~. t9 the'.~C,~.o~p-B;~~~t. of ~_he purposes. herein rroJide;d ·_ 8 for.~·'.·. The:,;se.creta:i:;-y and Assist~nt: Secretary, _if there be ·one, ·shall . .. _ .... -_ .. ,·:. ,•', ., ;· .. -~ ' : . 9 r be compensated for their s_ervice·s·.on the basis of $100.00 per month • • _. _..... . . .-• ·-;_ .: • .._. .. • . . •.. .'. .t . • . ... . 10 and: $50;0~ .per TUC!nth, respectively, unless the Board sh~ll qther· • • .• .• •. •• :\· .! • ' ' . ; 11 ~ise provide; . The r.o:nfensn~1,on herein provi.ded for sh,dl b1-: in. • •: -~ ·, ., .... '. ~ ,• • • • .. -~-,•~·.";_. • • ., ~• I .• 12 ·,.addj:tion • to ·any ot.her fee o·r_ compensation to which the person 1~ -~nt:itled t:h~~t~.' ~i~ht; ~-;he-~:Lse· b~ .-·entitled to receive bY: 'rea,son; 14 -~:f '~ome •~i~~er_:.~£°f1ce. ~/~;ost~:i~ ~-wh~d4, t'i1ey may :hold. 15 SEQUON -z.-. .':, I .· .. ·, ·: .. ·,, . . . .... .: • ·Whenever any inunic-ipality, c:1:1.s.t'rict·, corpo~ation or other .; JJ• ... • : • 17 public agency, org~~ized.and;·~xisti~g u~der the laws of th,e State 16 -. . . . '· . , 18 pf California, ·or undet.the .laws\f·the United States of America • . . ... • . . ·-' t·,· 19 s~li' ~~si-r:~ • to ~eco~e, a--~~~y}.~~---~~~~-agreemerit /its gov~rning 20 body··,.-sfu.i1, ~y ~esolu~iop :~~ 'oth;ri,~~~-fin°d and .dei~rmiz:i.e that it • I;:• .. ·. •. .; " ; • ~ •• . . . • •. . • ., r ,• • . .. • ,' .: , • . • ' : , 21 wil~ -~e_; to __ th~-·be~t irif_~·re~~:.~nd adi-~ntage· of such entity·.or . • • ,..t-.~~-. '"/·::.•. :,' i .. ,..-··.-~-~-::·,1..• ...... ·.,: .. · : • . . • • . 22 puh.l;i.c:;:~agency to do'·.sd·.,anct-s~1l~a1,1thorize, the executiqn_ and signing .• ·! .... <-.~-:~: _;_;-~· ,. ·. . ., . . • • ,~. '_· .• ·: • •. , _;• ~-_::: . .-•i ..... ~. --~-·-; . • • 1 • • • ~3 ·-i;if·{_t:h:i;s ·agreement.; upon· s·u~h/.t::~ruis·.~w· condf:ti9ns as may be agi;eed ·. · ,·;-_~ >J·. • .. :.:/·=> · ~_--·-:·1.:·.t>: ~--: __ ._· '·-~ ~•~-~ ... -::;,•;;~ .. ':t1:~: ... !. __ /· ~.. • •• _. -~4 upcin'_ qy the· ·paJ:ties: her_e~Q-:.:.:,-~ • _ _-·_:-:·., :_. . .i ; .. 25 .:: .'~i ·,;:~~:~:;:·).·_·-'··. : =::~:~·:· =: .:;·:~:._:·:~;::-};;_~fit,~tt;~~~~(=.~~;;~ :. ~ :· . ·. __ .• : . . 26 , ; :-,~:J The '.terms_ arid.proii13ionil:~.9f·tbis. agre~ment tpa.y be altered .• .·•:·: :.::--~::;:: ·-.. • .:-· ·:/t:::_.r:-.. :.-;:.= ~~:'\':•:/ / ·-._~. -·. ,· .· ·' ·:, __ 27· .o~-·ame'ri4~~--~;-olil _ _,'.~ime to. time~witl:\ !t~a:· ~n~moi,is consent of .the • ... ,·.~-.~:;:•·· ..... ~:-~ .. ~-.:_· --:,.· .·.-·~-t ··.: ~-~~.;.,_ ... : ·.:-.::~:. ---~·: _.··_. ·.·.. . . 28 ~ov~~fng b~dy:o,f :ac::~~-~rty, h_e~e-~~•· -'~y·_,of_ the_. parties hereto •.• .,_.., ! .. · ,.;• '·· ' ,f .... ~ .. •. :-~· ,'· • t .. • • : •• • • • 29 havi~~ the sola·us~ ~r ownership.of any section of the facilities to . . • ••• ''-•. :; ~..;, : ! • :, : . ; . . • . . ·30 be opera-t'e4 1~nd,maintained_ by the_W~st Orange County Water Board may ; . • : ' •. ; . ·.-. . • . . __ _.. : . . ... 31 det~rmf}1e. that it: iS: tq . their advant:age· to maintain and operate . : ~ ~ 'II ' • I • • . ... ..... 32 such facti:Ltiies thetliselv~s and the:i:~~fter such party or parties t • • • • ~--_:·_t_ ~ ! .. . • .. : : • • ~-.... _. _..:,h ,.._ •• T"• .:,: i" •~•. ,-..--• • -• • '..••· i • -~ ~-J,'}_: ';,'.~i'~{J7~:· . ' ! .-J ' Aoo•· : ! l · Y '" ; .. · .. ;'.:"· : . •'· .• -~-· ........ ; • .-: -:.-·~,J...,: fJ:.~: • .-.- 108 • • • /}, • } t • ' '~~' • • i-1 I' • • ' • • '• ,, •• • • • ,., 1 '-1'¥ l'1 i-.,,); ~--fi1'',;:.~t.,c ... , ·, ·f• ... ,:t, ··,'.•i,:\·.i·:· ...... *",l,1,tr.:·;-~\ .•• .,...l•· 1 ,:· .• •;· .~/\.",:•. • '·,. 1 .!'~.·-••.. . '.;/'~i,~?,;:· 1\{~~-r::-·\ -"··· .. •·:.;t~---~--?t,:4?KXi)_ -~·;;_.<_··.·•_:• _·, .:/.-· · ·._ • ,.· :-d\,-·_;·, ti''·••f~!t•,•• ,.,,;.,•-'.1; ,.. ,,,..,~. •\ ,:,,),1',c.{,,·f':!"r •. ,·, ·, •·' 'f-.:•,,·""';,,, •f~•· • • 1 __ ,~. •:,,.•.,Jlj~. ~ "• ••''.\..., ,I., .... , , .,•,. • : ,.. r·.,•'l.,,~,J. 't-'••,,,.•,J :,,. l. ' " 'I'#;••• , • 7 ,1,•' :' ) ,.., .. '"'i J'lf ,. ,•• '-<<! ,: {'·t .~ •• ,. ....... ~ .. ✓·' '• '·: 'J} <' •.. ~ • ., •• ~•).,1r,-t, ~ t. \ ) ... • ~--'"' ••• ': • • . • 1·1 .. -,~ • • • • t' .··,;· : .. ,., ,.~ , , . ·,/{{\·\} 1i 7.:.·~-.·,,:·:·~. _:,· .•• ~:· .• ,:': _.-.· • :}:,t~}ff iXi~iI:: .• '. .• ••. -•• ·:·••·• :.:;:.f.\ ·.: }:if if i: : ·:·,._;;:i (·_' :";: 1 i·l]y,t~he ~ction· ~f '.~heir·,i~.Y~~rr~:ng )iod'y inay_ notify the' We-~~ pran_ge .• J '· ; • ... ~·t•,'". -~ ..• r' ;·,.. ,•':':,•ti •• ·, .. • ·.~• ·, , .. : ~:•.: .:.··. f /!',. . . • . ,· : .. •.:•· .· ..,.,,!·. :.~,:i! \rC-i2 >:Cqunty/Wal;~i;.·iloa1;:d .cif __ theil:''.'deci~ion-and within• thirty (30)' days:' •· : . ·::''.~!:~',··:-~•-·. '·J~· '·:·· .i' ..... ~•-.• ..... ~.:>: .. ·'·~.=--_,. •• ; ...... ' • _i •. : : ~-.• • ~::· .. :!:•·:_: t : ·;··.' r r•· <~ • after· the receipt of notic.'f:'.: qf suc~·-a determination· ;iaid. p~r;y oq ··.r. • ;··.►, ·~-;;:· : ... :, ~--,:-.;~ f.-• ..• , ..• ; ... ~ • .• •. ••• : .; -.-l • ~-:. ' . "(_;.)i ;1~a.rtie~ shall· _take over .,the· ~peration and maintenapcei_ of isµ~·h. ' .. _-i ,,, , : _.,., . ,} h r~~c:lli~ies·:-Upon, suc~:·act'ion\tqe .West Orange '·c~un·t; Wat~r·''-~J;~,-·:-; ,. • • · ·~r~. ~. -~ . . . .. , . . . . .. . . . .. ~---.. ~ : .. ~: ·t .:.. : • • . • . • -• • • , -'·' :.:•,, ... ~-·::~~11 be reVE:!Ye1, of_ ~fs ohl_igation_ to operate and mainta~~·tqo_~: .~ • ';_'. :,-; •1 /J -; f~c_iliti~s . .¢wi~ .the; t,tna~ipio,us. consent 0°f all parties. heritq '.this. • • ··:\i • ,:··-~ \~iµ-~eme~,t \m~·}/{e termin.at~f upon ninety. (90) da~s written p~~~'~ .• • 9 ··_ ~dtice \o the·. West ,Oran~e ·Cwnty Water Board at which time· the • .,_} t . ., .... ~ \·. _:·-. -·~. ~--~· ...... :. ~.;.··\t' .: . . 1o .~affairs ;.ofi the West· Orange 1Couoty Water Board shall b~ concluded /· , . ' . i· . '_:'7-:'l • and ,any assets_ a_nd _fun1s {rr~~ b'e d_istributed to the ;partie~· to:·, ' 12 .: l;hh· agreement i~. prdport·i~ :'to the· ·contribution to wh~c.~ ea~h- .: 13. :. ~-~;t:y ::c~ntrip~ted tp . .<ia, id: -~-~~~S'.. • :: • • 1 I •' f ;.•· •• , (' ... , • • If'. f ,: ' J ~· • • • ,:( { l4 ','c'',i·. _S=.EC.;:.T=-=I=-=O;;.:,N~9 , ·,.:· .' I ' -•, J I I,•• IC <., ,: ... .-. I ~ o • •• ·, • . (."'.'"-:., 15 _Any notice or inst~umt:mt:° r~quireci ."to be. given or deli'vere,d ~! .. 1;6 :he;-eund~r may J:i~ de livere~ by depos{ti.ng the same in;· any recepta.cle g.. . · .•.. ',·:•"'·· . : · ... : ':_ ' ..... '• . . . , .... : J? : ~f ,1 the' United. States· ·Pos~ . ~ffice by registered. or ce~tified mail\ 41i:j. ).--•,.•; . . , . .-_.~I· :..'l~ ;:p,Qitage· ·p·t~paid • and addre~sed a·s • f~ilows: \ ~-.i;·~~ f.' -5··; .. -~1,·• ,.-: • : • • • •• • ;_ 1-riF·,( .f 19 _. ... : • • • , WEsT •oMNGE coo,if!Y w~TER .BoARu . • -~ ('~;_._._);)) ;· ,d' .'.. · . P. 0.. Box. 190 . · .-· · . ·;\:) ?,-~~~ i✓~{; > · '1 '._ • _Hu~t;ing 4 ~~~·::~j~~h;_·, ~~}~f;>.mi~ • ... _:, .. -,:.~----__ -,-~-~::_:,_ ... ,~·-_._-.:!_?_._ ·.\''t:·:·' , : .",> c1r1TY391• OAF;,., Ga_ ~RDiaEN.; GRO~. '. . ~ ·_., .. ·:--•-•;!: • ," . ,.:"'. .. ... ' . . . _ ,. ;~'.'i-2:;,,.~/-"i_ :_. _ • : '\G!r.~~9 ~Gi;~:v~ _I' _f~-~-~~qrpi~; : .'. ·. {_<: __ r ___ •.· __ ·•;:•_~_:: y;:·~.;~,.-::,'· • ·._._ .. : •ciri-'oF' HUNT:rnc-roN:BEACH: .. '. . . .• ·' .. , ,_ . . ~ .>-.--:rt:\;-.: /\\,.c~v1~.-Gerl.t~i:.-·:•_~, : • .. : '. ;t :'i-·_~-:: ... , :. ,'· ·) ---i ~fl ·, \_::t'.'· • ,''_: : .• .'.: ;,-Hu~~~ngtQ~.J~~ta5!h 1 .~a_lt~~rnia _: ·(. F::0~:?;;;~~ :;~;(;i_t::-~ : : :> {·: ~f i/~F. ~i~~J~iAc~~ti/ •. ; . ; • •• ·. -~;·.;1;;'· .• ·_·rf! ,••<··d~Pl•,;_,_-,, .•. ·2Ql·8th-S ...... eet:",, -·:· ,· . . • • , .. 1",' .fl:" . . ~ . . . . . • .. :-. •· ~ -."~6 /,~ff~·•--'.,:. , . Sea-1·.-B.e&;h; Ci3lifomia,. and ··--·:~·: ,~'/";h_~· .... 1•:•£,:,·'~•.;:... •J=:-;.., I. ···,,..t..,::,:, .. ,. ,.t•_ ;-:··:••(' .• : ::?/r .,•.u, ;',::.:.: .. ,:,_.: ,·,, '· ·crri', OF"·-WE~TMINSTER. . ·, i_);,.:-:· '::";.:, J).1:; ·: _;".; ·._--_: :')•14381 otive·,.,,'. : .. :· -~':. ·.:-:i:1. ~-8 :·:.t~-;/-/ -• :· .. ,: '.:'Westuiinster~, Califojjiia'' .·"'·\ ".. :·· r ·•. ·t·~~··r. ·. ~::. • l·.::.~.' • . .' • .. • ::· ·,; ~:~_·. . .. , · .. •.• 29 ·:or_,aj;,s\Jchother address·as·may.be designated.by similar ~otice. ;: /.-.i:._,. ..... : ;;· ! • ...... , • •.. _;: ·'·"' 30 ;, • ;,;·;'.: • .•• :IN JIITN!lSS ._YHEREO~';', the p~_rties hereto have· caus'ed . thi,s . J_f :; ~l /:.· -~--·:'-}: • • • ... : ·;: \·; :-_' ~-;,~:·"Ji,·:.--.: • • •• ,,, ., :(' . ~2 ; ,: -·. \_.'/;:-_··_:,1 II -~ ·r .: :· .. /•: ,-;.;:•;:-...~ ~s.-· ••• '• ;. ;. '-·: . ::.' :·(,-.~}: ::· .. -. ;_\ ~~~'.--<~}@1-)~j:}i: :. r . •. 109 ·.·';;t''\ ,·:•-:, 24 25 "26 ·27 28 29 30 31 ·32 \ I I .1.1,· .. .-:· . .r. ·• .. :) •• ::: 4,i"J .... ,,:, ~-•• i·.<· ,. =-~:i'r·· ~, • • ~. • .l ••'"' .. ,-i:' .4 • ,· • 1·.· • .-. :k/-:'.l··:.-· ....... 110 ,., J RESOLUTION NO. ~7 . . ' . . RESOLtrrION OF THE BOARD OF .DIRECTORS OF WEST ORANGE -COUNTY WATER BOARD DETERMINING PERCENTAGES FOR ALLOCATION OF COSTS OF OPERATION, MAINTENANCE AND • • ADMINISTRATION 6 WHEREAS, the Joint Powers Agreement providing fur th~ exist- ? ence and operation of the West Orange County Water Board has been 8 • revised and recommended by this Board for approval by the part-ic i p- 9 ating entities, Garden Grove, Huntington Beach, Seal Beach, and 10 Wes tmi:1s ter, and 11 WHEREAS, the City Council of Garden Grove, Huntington Beach, 12, Seal Beach and Westminster have approved the proposed revised 13: Joint Powers Agreement providing for the creation and operation of 141 the West Orange County Water Board, and ;, 1~:;. WHEREAS, the agreement approved by each of the participating 16 1s1· I, 19~1 20'1[ 21i:. ·' I, .::1, ,, I'. 241! 251! 26!1 2711 28:i 29 30 31 entities provides that costs of operation, maintenance and adminis- tration including director's fees, engineering services, legal frtc~ and costs,-accounting and administrative costs, including the ex- pense of the Secret~ry and Assistant Secretary, office supplies and an annual·audit, as·well as such insurance as the Board may carry shall ha home by each entity on the basis of ownership, and WHEREAS, said-agr~ement provides that ownership shall be determined on the baais of each party's proportionate shan-of the totai cost of const~t~ng all facilities operated and maintained by the West Orange County ~ater Board, and WHERF.AS, _the percentages hereinafter set forth were deter- mined on the foragoing_baais and presented to each entity at the time of tha approv"l J>y t~t entity of the revised .Joint Powers Agreement p~~~,lor~t~ c~tion and operation of the West orang. Cc;,lJQt~-~~:~d•: • •• .. • . . ~ • ,. ,. ;.. • '---!<~•-'": -:~~--. . ~ NO\f •. ~:.'be';: it resolved• determined and ordered as I • ··~ t ~.?.:, '-~~-;: ~:.~1~~~.~--... :: i~-~·-• 32 followa: :,, •.. : ,-.. ·:: )-~ ·:.:.-' .Y •.• ": ,. •·• ..... 11,I .. ; • !~ :J:{,i_·::.;_~(--::~: __ , •. - •m•---~---___ ;._;___...:·.2.,...:.·.:.·~-:.:.· •_.:..:· -1:•::...· :':~--='::~•: --~-~'1v:5.: !;.•~::.:--:.:.:··.:_· ~.,_ ..• _. ____ ... 111 !· I I I· ,: Ii 1: I' 1, li: 11 .. 2i 3! i 4 I 5! i 6i 7. ,, ,, a: I 91, • i' 1011 11' 12!! I• ,, 1311 I• 141' 1: 15!! a: i I! tl j l6li u .. 171\ ~"' ,a~ ~i 1a; ~"' 191 2011 21 . 22 23 24 25 26 27 28 29 • < ,: 31 . '\ .32 . . .. . ', 1) 'nlat tha coat of operation, maintenance, and administra- tion of the West Orange Collllty Water Board shall be bo-;-ne as fol- lows: Garden Grove Huntington Beach Seal ··Beach Westminster 7.87.. 52.57. 14.3% 25.4% 2) That the foregoing percentages represent a composite figure of the proportionate share of the total cost to each entity of constructing W~st Orange Co1.mty Feeder No.·l and West Orange County Feeder No. 2, these being the facilities which are at this time operated by the West_ Orange County Water Board. 3) That the Secretary of the West Orange County Water Board be and-the same is hereby directed to transmit a certified copy of this resolution to the City Clerks of Garden Grove, Huntington Beach, Seal Beach and Westminster. AOOPTED, SIGNED and APPROV~ ,C7P· 2;/ "day of October, 1967. . ~ WEST ORANGE COUNl'Y - WATER OOARD and of the Board of Direc- tors thereof. ATTES):': Se WATER Directors ·chereof. . - ··.-:·1.,; ·:;_ .• ,,. .. :·. '.';/ ,:.':, ... ,.fr.~~: :: 112 I I i 1 21 3 4 5, 6:1 7:'. " 8:' '1 9,; I,. 10. ·I I ll' I 12.j '.I 13.1 ,, 14:l ,I I: It 1511 ~j 16 u .. :, ,c ~E J,7 !! 18, ~,c I 19 20 21, r 22 23 24 25 26 ·27 28 29 .. . . STATE OF Ci\LIPORNI..\ COUNTY OF ORANGE I, PAUL C. JONES, Secretary of the Board of Directors of the WEST ORANGE COUNTY WATER BOARD, do hereby certify that the fore- going resolution was duly adopted by the Board ~f Directors at a regular meeting of said Board held on the 25th day of October, 1967, _and that it waa ao adopted by the following vote: AYES: DIRECTORS, Lake• Jarrett, Gisler, Green, Builton NOES: DIRECl'OliS , Hone ABSENT: OIRF.c'l'ORS t None .. •. •·· ,. • I • • <\,.t: :;?,'.'!.~". \: ~-. •. ·. .. .-r .. Secretary of the ST ORANGE COUNTY 1 WATER BOARD and of the Board of Directors thereof. :< $-~•-. ,r-.. • ~i .• • : •· •. ,' • .. ' ._, .!~-:/. ~f ..... . ·~ • :-. "~ t" •. .. -;./.!:/.,,,,: .• ~ .. _,,. --~- 113 'I .. '! . , l. i I .2: I 3: 4 I 5 6:l 7. 8 9 10 :n 12 13 14 • 15· a: l ~l 16, u.,. ,I ::>,c 1i ~E 17;; zz ii ~~ 1a·· ~,( ~:ii 1. 21'; I I 22 ! 23.1 24!! 2511 26 ·27 28 I 29 I 30 ~l i2 ' ~ . . • STATE OF CALIFORNIA i BS COUN'I'Y OF ORANGE .. I, PAUL C. JONES, Secretary of the WEST ORANGE COUNTY WATER BOARD do hereby certify that the above and foregoing is a full, true and correct copy of Resolution No. 6...1.=§of said Board, and that the same has not heretofore been amended or repealed. Dated this ~ day of _O.._c: __ t...,o_b_cr ______ _ 1967. ) 1( ) . . a· r, /L~e '0-,~-l·-,1/ • Secretary of thE}{'W°EST ORANGE COUNTY WATER BOARD and of the Board of Directors thereof. 114 AMENDMENT TO WEST ORANGE COUNTY \YATER BOARD JOlNT POWERS AGREEMENT THIS AMENDMENT TO JOINT POWERS AGREEMENT (" Amendment") is entered into this 1 7tb day of actaher . 2005, by and an:ong the CITY OF GARDEN GROVE, the CITY OF HUNTINGTON BEACH, the CITY OF SEAL BEACH and the CITY OF WESTMINSTER, collectively hereinafter sometimes referred to as "The Contracting Public Agencies" or the "Parties", all of which are municipal corporations formed under and existing pursuant to the laws of the State of California; WITNESS ETH: \VHEREAS, the Parties hereto are all of the parties to that certain Joint Powers Agreement executed on October 25, 1967, knonn as the "\\'est Orange County Water Board Joint Powers Agreement" ("Joint Powers Agreement"); and WHEREAS, Section 8 of the Joint Powers Agreement provides that the terms and provisions of the Joint Powers Agreement may be amended with the unanimous consent of the Parties; and Vv'HEREAS, the Parties hereto desire to amend Section 6 of the Joint PO\vers Agreement, providing for certain compensation rates and reimbursement of certain expenses. NOW, THEREFORE, THE CONTRACTING PUBLJC AGENCIES HEREBY DO AGREE AS FOLLOWS: Section 1. Recitals. The foregoing recitals arc true and correct and are incorporated herein by this reference. Section 2. Authority for Amendment. The Parties hereto are authorized by law to contract \\ith 115 each other for the joint exercise of common powers under Article I, Chapter S, Division 7, Title 1 of the Government Code of the State of California, and are authorized to amend the Joint Powers Agreement pursuant to Section 8 thereof, by the unanimous consent of the governing bodies of each of the Parties. Section 3. Amendment. Section 6 of the Joint Powers Agreement is hereby amended to read as follows: "SECTJON6 Directors shall be compensated for attending meetings of the Board of Directors in an amount fixed by the Board, which amount shall not be in excess of $JOO per meeting of the Board and not in excess of $300 per month. Additionally, the Board may provide for the reimbursement of traveling expenses for Directors between their place of residence and the location of the Board meeting. The Board may provide for the payment of the expenses of a Director or the Secretary if such are directed by the Board to attend any meeting or other activity which it is determined by the Board to be in the best interest of the West Orange County Water Boar,! and which relates to the accomplishment of the purposes herein provided for. The Secretary of the fVest Orange County Water Board and Assistant Secretary, if there be one, shall be compensated for their services on the basis of S/00 per month and $50 per month, respectively, unless the Board shall otheni·ise provide. The compensation herein provided for shall be in addition to any other fee or compensation to which the person entitled thereto might othenrise be entitled to receive by reason of some other office or position which they may hold . ., Except as expressly provided for herein, the Joint Powers Agreement is not othcmise amended. This Amendment shall be effective upon approval and execution by each of the Parties. Approve Sixth Amendment to West Orange County Water Board Joint Powers Agreement April 2, 2024 116 WOCWB • Joint Powers Authority that owns and operates OC-9 and OC-35 Water Transmission mains • Five (5) member board –Mayor Pro Tem Gracey Van Der Mark and Council Member Pat Burns representing Huntington Beach • Proportional share: • Huntington Beach (56.1%) • Garden Grove (4.2%) • Seal Beach (14.3%) • Westminster (25.4%) • Each Member Agency must approve the amendment before the WOCWB as a whole can approve the amendment in April 117 WOCWB JPA Amendment #6 • Adjusts Director Stipend to $200 per meeting • Previously adjusted in 2005 • Comparable stipend to other intergovernmental agency stipends 118 Questions? 119 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:24-186 MEETING DATE:4/2/2024 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Eric G. Parra, Interim City Manager VIA:Chau Vu, Director of Public Works PREPARED BY:Sarah Whitecotton, Management Analyst Subject: Adopt Resolution No. 2024-11 Identifying a list of projects funded by SB 1: The Road Repair and Accountability Act of 2017 in Fiscal Year 2024/25 Statement of Issue: In order to receive State of California SB 1 funding, the City is required to annually adopt a resolution that identifies City projects that will utilize these funds. Financial Impact: Adoption of Resolution No. 2024-11 is a prerequisite for receipt of an estimated $5,079,178 of SB 1 funding from the State, which will be deposited in RMRA Fund 1247. Funds will be used toward eligible street and transportation projects identified in this Resolution. Recommended Action: Adopt Resolution No. 2024-11, “A Resolution of the City Council of the City of Huntington Beach Adopting a List of Projects for Fiscal Year 2024/25 Funded by SB 1: The Road Repair and Accountability Act of 2017.” Alternative Action(s): Do not adopt the resolution and direct staff accordingly. By this action, the City would forego the estimated $5,079,178 of SB 1 funds for Fiscal Year 2024/25 and may need to consider other funding sources for the projects listed. Analysis: Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017, was passed by the Legislature and signed into law by the Governor in April 2017 to address significant transportation shortfalls statewide. Based on the City of Huntington Beach’s population, it is estimated the City will receive $5,079,178 in FY 2024/25 for use on eligible street and transportation projects. A prerequisite to receiving the funds is the submittal of a City Council resolution to identify proposed projects that will City of Huntington Beach Printed on 3/27/2024Page 1 of 2 powered by Legistar™120 File #:24-186 MEETING DATE:4/2/2024 utilize this funding. The proposed Capital Improvement Program (CIP) Budget for FY 2024/25 identifies the use of these funds, in addition to other local funds, for the annual Arterial Rehabilitation Project. The arterial streets proposed to be fully rehabilitated are: ·Bolsa Avenue (Bolsa Chica to Edwards) ·17th Street (Main to Palm) The City retains the ability to alter this list as long as the funds are spent on eligible projects. Since FY 2017/18, the infusion of these funds has helped to increase the City’s overall pavement condition index (PCI). 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: Non Applicable - Administrative Item For details, visit www.huntingtonbeachca.gov/strategicplan <http://www.huntingtonbeachca.gov/strategicplan>. Attachment(s): 1. Resolution No. 2024-11 - SB1 Projects 2. PowerPoint Presentation City of Huntington Beach Printed on 3/27/2024Page 2 of 2 powered by Legistar™121 122 RESOLUTION NO. 2024:.11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2024/25 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 WHEREAS, Senate Bill 1 (SB 1 ), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the City of Huntington Beach must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project's completion, and the estimated useful life of the improvement; and WHEREAS, the City of Huntington Beach, will receive an estimated $5,079,187 in RMRA funding in Fiscal Year 2024/25 from SB 1; and WHEREAS, this is the fifth year in which the City of Huntington Beach is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB I; and WHEREAS, the City of Huntington Beach has undergone a robust public process to ensure public input into our community's transpmiation priorities; and WHEREAS, the City of Huntington Beach used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the communities priorities for transportation investment; and WHEREAS, the funding from SB 1 will help the City of Huntington Beach maintain and rehabilitate two arterial street segments throughout the City this year and similar projects into the future; and 24-14279/333228 123 RESOLUTION NO. 2024-11 WHEREAS, the 2018 California Statewide Local Streets and Roads Needs Assessment found that the City of Huntington Beach's streets and roads are in good condition and this revenue will help us increase the overall quality of our road system and over the next decade will bring our streets and roads into an excellent condition; and WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastruc;ture, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide. NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: 1. The foregoing recitals are true and correc;t. 2. The following list of newly proposed projects will be funded in-part or solely with Fiscal Year 2024/25 Road Maintenance and Rehabilitation Account revenues: Project Title: Fiscal Year 2024/25 Arterial Rehabilitation Project Description: Rehabilitate asphalt, slurry, concrete, replace deteriorated curbs, curb ramps, gutters, and sidewalks. Adjust manholes and valves to grade, install roadway striping and pavement markings, and install traffic loop detectors. Project Location: The following road segments are currently scheduled for rehabilitation: • Bolsa Avenue (Bolsa Chica to Edwards) • 17th Street (Main to Palm) Estimated Project Schedule: Staii: June 2025 Completion: December 2025 Estimated Project Useful Life: 20 2 124 RESOLUTION NO. 2024-11 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on ___ day of _____ ~ 2024 . Mayor REVIEWED AND APPROVED: City Manager INITIATED AND APPROVED: Director of Public Works 3 Adopt Resolution No. 2024-11 Project list for Fiscal Year 2024/25 funded by SB 1: The Road Repair and Accountability Act April 2, 2024 125 .-...::::-__ _ - --------------.-= ------ ~ BACKGROUND •Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017, was passed by the Legislature and signed into law by the Governor in April 2017 to address the significant transportation shortfalls statewide. 126 NEED/WHY/BENEFITS •Based on the City of Huntington Beach’s population, it is estimated the City will receive $5,079,178 in FY 2024/25 for use on eligible street and transportation projects. •A pre-requisite to receiving the funds is the submittal of a City Council resolution to identify proposed projects that will utilize this funding. 127 DETAILS •The proposed Capital Improvement Program (CIP) Budget for FY 2024/25 identifies the use of these funds, in addition to other local funds, for the annual Arterial Rehabilitation Project. •Proposed arterial segments to rehabilitate: •Bolsa Avenue (Bolsa Chica to Edwards) •17th Street (Main to Palm) 128 RECOMMENDATION •Adopt Resolution No. 2024-11, “A Resolution of the City Council of the City of Huntington Beach Adopting a List of Projects for Fiscal Year 2024/25 Funded by SB 1: The Road Repair and Accountability Act.” 129 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:24-230 MEETING DATE:4/2/2024 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Eric G. Parra, Interim City Manager VIA:Eric Parra, Chief of Police PREPARED BY:Lt. Brian Smith and Ingrid Ono, Executive Assistant Subject: Approve for introduction Ordinance No. 4319 amending Huntington Beach Municipal Code (HBMC) Chapter 13.08 related to activities on Huntington City Beach and in the Beach Activity Zone, and making a finding of exemption under CEQA Statement of Issue: Staff recommends amending Municipal Code Section 13.08 (Beach Regulations) to: establish Emergency Services Access Zones on the beach to allow for unhindered access by public safety personnel in the performance of their duties; and clarify a standard of disruptive noise, prohibited uses of public restrooms, the injuring of public property, and allowable tents and canopies at the beach. Financial Impact: There is no financial impact. Recommended Action: Approve for introduction Ordinance No. 4319 “An Ordinance of the City Council of the City of Huntington Beach Amending the Huntington Beach Municipal Code by Amending Chapter 13.08 Beach Regulations.” Alternative Action(s): Do not approve, and direct staff accordingly. Analysis: HBMC 13.08 (Beach Regulations) does not give public safety the authority to establish Emergency Access Zones within the City Beach for unhindered access by public safety personnel in the performance of their duties, which is crucial, especially during large events. Proposed Ordinance No. 4319 establishes the definition of an Emergency Services Access Zone and prohibits leaving objects City of Huntington Beach Printed on 3/27/2024Page 1 of 2 powered by Legistar™130 File #:24-230 MEETING DATE:4/2/2024 within or obstructing or blocking an Emergency Services Access Zone. The ordinance also permits the removal of items left in these zones. In addition, this Ordinance would change the current Beach noise ordinance from a standard that requires disturbing one’s peace or comfort to a defined distance-based audible level consistent with other amplified noise related regulations. Moreover, this ordinance would prohibit using public restrooms for other purposes than they are designed and prohibit obstructing their use. It also updates language regarding the type and size of tents and canopies on the beach. Lastly, it clarifies the list of property that is considered public property and prohibits individuals from “injuring” public property on beaches. Overall, proposed Ordinance 4319 adds clarity to existing HBMC 13.08 and adds Emergency Access Zones to facilitate public safety activities when needed. 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 8 - Public Safety, Strategy A - Community-wide comprehensive risk reduction program to optimize public safety's emergency response and reduce the number of calls. Attachment(s): 1. Ordinance No. 4319 2. PowerPoint Presentation City of Huntington Beach Printed on 3/27/2024Page 2 of 2 powered by Legistar™131 132 ORDINANCE NO. 4319 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING CHAPTER 13.08 BEACH REGULATIONS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. That Section 13.08.05 of the Huntington Beach Municipal Code is hereby amended to read as follows: 13.08.005 Definitions For the purposes of this chapter, the following terms shall have the respective meanings set forth herein, unless the context in which they are used clearly indicates to the contrary: "Adjacent Beach Area" includes that strip ofland owned and/or operated by the City of Huntington Beach, south of Anderson St., lying between Pacific Coast Highway and the mean high tide line of the Pacific Ocean. "Beach" also includes that portion of the State Beach (Balsa Chica) which the City operates pursuant to an operating agreement with the State of California. The "Adjacent Beach Area" includes the Beach Service Road, the Pier, the Pier Plaza, walkways, guardrails, hills, raised banks, structures and Beach Parking Lots. The "Adjacent Beach Area" extends from the mean high tide line of the Pacific Ocean to the west curb line of Pacific Coast Highway from Warner Avenue to the Santa Ana River and the mean high tide line of the Pacific Ocean to the west residential prope1iy lines of South Pacific A venue from Warner A venue to Anderson Street. Unless otherwise specifically referenced, this definition shall only apply to this section of the Huntington Beach Municipal Code. "Alcoholic Beverage" includes alcohol, spirits, liquor, wine, beer and every liquid or solid containing alcohol, spirits, wine or beer and which contains one-half of one percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances. "Beach" includes that strip of land owned and/or operated by the City of Huntington Beach, south of Warner A venue, lying between Pacific Coast Highway and the mean high tide line of the Pacific Ocean. "Beach" also includes that portion of the State Beach (Bolsa Chica) which the City operates pursuant to an operating agreement with the State of California. "Beach" also includes that strip of land owned, controlled and/or operated by the City of Huntington Beach lying from and including Anderson Street to the north, Warner A venue to the south, the mean high tide line of the Pacific Ocean and the west legal property line of adjoining residential properties which are on South Pacific A venue, excluding the street appendages that extend west of South Pacific A venue. "Beach Parking Lot" means roads, driveways or parking area to service the Beach, Pier or Pier Plaza, excluding those areas located on a street or highway. 23-12895/33435 133 ORDINANCE NO. 4319 "Beach Service Road" means the paved roadway on the Beach that extends from Beach Boulevard to Sea-point A venue running parallel to Pacific Coast Highway nearest to the shoreline of the Pacific Ocean. "Director" refers to the Director of the Community & Library Services Department and/or his or her designee. "Emergency Services Access Zone" includes the Beach Service Road, the driveway between lifeguard headquarters and the service road, all public stairways, sidewalks, walkways, pedestrian access ramps, the area of Pier Plaza located between prolongation lines from the outer-most edges of the Municipal Pier, a fourteen-foot wide pathway, seven-feet to each side of the centerline of the Municipal Pier's deck; the area directly in front of any operational lifeguard tower to the waterline, and any areas, lanes or zones on the Beach delineated by signs or barriers, including temporary measures, to permit unobstructed access by emergency vehicles and emergency service personnel. "Occupied" means used for the purpose of protecting human beings from wind, sun, rain or public view. "Pacific Ocean" includes all waters of the Pacific Ocean to a point three miles out from the mean high tide line, parallel to the three miles out from the Beach whether or not the lands lying under said tidal waters are privately owned or publicly owned including but not limited to the Water Activity Zone. "Person" means any individual, firm, copartnership, joint venture, association, social club, fraternal organization, corporation or any other group or combination, acting as a unit. "Pier" means the appurtenance beginning at the intersection of Pacific Coast Highway and Main Street on the Beach, which is a platform extending into the Pacific Ocean and supported by piles or pillars. "Pier Plaza" means the developed area on the Beach immediately north and south adjacent to the Pier bounded by Pacific Coast Highway and the Beach Parking Lots adjacent thereto. "Smoke or Smoking" means the carrying or holding of a lighted pipe, cigar, cigarette, e- cigarette, or any other lighted smoking product or equipment used to burn any tobacco products, weed, plant, or any other combustible substance. Smoking includes emitting or exhaling the fumes of any pipe, cigar, cigarette, e-cigarette or any other lighted smoking equipment used for burning or vaporizing any tobacco or nicotine product, weed, plant, or any other combustible substance. "Water Activity Zone" means the area that extends 1,000 feet seaward into the Pacific Ocean from the mean high tide line. "Wheeled Conveyance" shall include, but not be limited to, automobiles, bicycles, skateboards, rollerblades, rollerskates, and strollers. 2 134 ORDINANCE NO. 4319 SECTION 2. That Section 13.08.020 of the Huntington Beach Municipal Code is hereby amended to read as follows: 13.08.020 Defacing, Injuring, and/or Destroying Public Property No Person shall cut, carve, hack, remove, deface, affix item or object to, or otherwise injure any fence, post, toilet, lavatory, restroom, building, shower, vegetation, trash can, sign or other structure, at or on the Beach, Adjacent Beach Area, Pier or Pier Plaza, or to place writing upon the interior or exterior of any fence, post, toilet, lavatory, restroom, building, shower, vegetation, trash can, sign or other structure therein, any initial, name writing, printing, drawing or vulgar, profane or obscene word or picture. SECTION 3. That Section 13.08.051 of the Huntington Beach Municipal Code is hereby amended to read as follows: A. No Person shall erect, maintain or occupy any tent or canopy in excess of 100 square feet, or any tent or canopy without at least two sides completely open to public view, on the Beach or Adjacent Beach Area, as described in Section 13.08.005(B), except by permit issued by the Director. B. No Person shall erect, maintain or occupy any canopy or tent in the Beach Parking Lot, Beach Service Road, Pier or Pier Plaza except by permit issued by the Director. SECTION 4. That Section 13.08.200 of the Huntington Beach Municipal Code is hereby amended to read as follows: A. No Person shall place, lay, store, hang or cause to be placed, laid, stored, or cause to be hung any object on, against, or upon any lifeguard station or municipal structure, or within an Emergency Services Access Zone, except by permit issued by the Director. B. Prope1iy left in violation of this section may be impounded by any on-duty City employee acting in the scope of their duties. Any impounded items will be kept by the Police Department or Marine Safety Division for at least 90 days. After 90 days the prope1iy will be considered abandoned and may be disposed ofby the City. Impounded personal prope1iy may be disposed of immediately if there is a cause to reasonably believe that the property is: 1. Perishable; 2. Contaminated with feces, urine or bodily fluid; 3. Infested with insects; 4. Contaminated with mold or mildew; 5. Intentionally discarded; 6. An immediate threat to public health or safety. SECTION 5. That Section 13.08.215 of the Huntington Beach Municipal Code is hereby added to read as follows: 3 135 ORDINANCE NO. 4319 13.08.215 Obstructing Emergency Access Zone Following notice by posted sign or verbal warning, no person may obstruct or block access or use of the Emergency Access Zone by emergency vehicles and emergency service personnel. Any person sitting, laying, playing, or loitering will be considered to be obstructing the Emergency Access. SECTION 6. That Section 13.08.270 of the Huntington Beach Municipal Code is hereby amended to read as follows: A. No Person shall play, use or operate, or permit to be played, used or operated, any instrument, machine or device, for producing, or reproducing, or amplifying sound, upon the Beach or Adjacent Beach Area, at such a volume which sound is plainly audible at fifty feet, after having been warned. B. Activities conducted by public safety personnel engaged in the performance of their duties, and those conducted with a permit issued by the Director authorizing such noise, are exempt from this section. C. Nothing in this section is meant to prevent individuals from engaging in free- speech activities. SECTION 7. That Section 13.08.350 of the Huntington Beach Municipal Code is hereby added to read as follows: 13.08.305 Public Restrooms A. No person shall block, obstruct, or prevent free access to the entrance or exit to any restroom, washroom, shower, or building open to the public. B. Public restrooms shall not be used for sleeping, loitering, bathing, camping, storage or habitation. SECTION 8. That this Ordinance shall become effective thirty (30) days after its adoption. 4 136 ORDINANCE NO. 4319 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the __ day of _______ , 2024. Mayor REVIEWED AND APPROVED: City Manager INITIATED AND APPROVED: ATTEST: I Chief of Police City Clerk 5 137 LEGISLATIVE DRAFT HBMC CHAPTER 13.08 Chapter 13.08 13.08.005 Definitions For the purposes of this chapter, the following terms shall have the respective meanings set forth herein, unless the context in which they are used clearly indicates to the contrary: "Adjacent Beach Area" includes that strip of land owned and/or operated by the City of Huntington Beach, south of Anderson St., lying between Pacific Coast Highway and the mean high tide line of the Pacific Ocean. "Beach" also includes that portion of the State Beach (Bolsa Chica) which the City operates pursuant to an operating agreement with the State of California. The "Adjacent Beach Area" includes the Beach Service Road, the Pier, the Pier Plaza, walkways, guardrails, hills, raised banks, structures and Beach Parking Lots. The "Adjacent Beach Area" extends from the mean high tide line of the Pacific Ocean to the west curb line of Pacific Coast Highway from Warner Avenue to the Santa Ana River and the mean high tide line of the Pacific Ocean to the west residential property lines of South Pacific A venue from Warner A venue to Anderson Street. Unless otherwise specifically referenced, this definition shall only apply to this section of the Huntington Beach Municipal Code. "Alcoholic Beverage" includes alcohol, spirits, liquor, wine, beer and every liquid or solid containing alcohol, spirits, wine or beer and which contains one-half of one percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances. "Beach" includes that strip of land owned and/or operated by the City of Huntington Beach, south of Warner Avenue, lying between Pacific Coast Highway and the mean high tide line of the Pacific Ocean. "Beach" also includes that po1iion of the State Beach (Bolsa Chica) which the City operates pursuant to an operating agreement with the State of California. "Beach" also includes that strip of land owned, controlled and/or operated by the City of Huntington Beach lying from and including Anderson Street to the north, Warner Avenue to the south, the mean high tide line of the Pacific Ocean and the west legal property line of adjoining residential properties which are on South Pacific A venue, excluding the street appendages that extend west of South Pacific A venue. "Beach Parking Lot" means roads, driveways or parking area to service the Beach, Pier or Pier Plaza, excluding those areas located on a street or highway. "Beach Service Road" means the paved roadway on the Beach that extends from Beach Boulevard to Sea-point A venue running parallel to Pacific Coast Highway nearest to the shoreline of the Pacific Ocean. "Director" refers to the Director of the Community & Library Services Depaiiment and/or his or her designee. 138 "Emergency Services Access Zone" includes the Beach Service Road, the driveway between lifeguard headquarters and the service road, all public stairways, sidewalks, walkways, pedestrian access ramps, the area of Pier Plaza located between prolongation lines from the outer-most edges of the Municipal Pier, a fomieen-foot wide pathway, seven feet to each side of the centerline of the Municipal Pier's deck: the area directly in front of any operational lifeguard tower to the waterline, and any areas, lanes or zones on the Beach delineated by signs and ban-iers, including temporary measures, to pe1mit unobstructed access by emergency vehicles and emergency service personnel. "Occupied" means used for the purpose of protecting human beings from wind, sun, rain or public view. "Pacific Ocean" includes all waters of the Pacific Ocean to a point three miles out from the mean high tide line, parallel to the three miles out from the Beach whether or not the lands lying under said tidal waters are privately owned or publicly owned including but not limited to the Water Activity Zone. "Person" means any individual, firm, copartnership, joint venture, association, social club, fraternal organization, corporation or any other group or combination, acting as a unit. "Pier" means the appurtenance beginning at the intersection of Pacific Coast Highway and Main Street on the Beach, which is a platform extending into the Pacific Ocean and suppo1ied by piles or pillars. "Pier Plaza" means the developed area on the Beach immediately n01ih and south adjacent to the Pier bounded by Pacific Coast Highway and the Beach Parking Lots adjacent thereto. "Smoke or Smoking" means the carrying or holding of a lighted pipe, cigar, cigarette, e- cigarette, or any other lighted smoking product or equipment used to burn any tobacco products, weed, plant, or any other combustible substance. Smoking includes emitting or exhaling the fumes of any pipe, cigar, cigarette, e-cigarette or any other lighted smoking equipment used for burning or vaporizing any tobacco or nicotine product, weed, plant, or any other combustible substance. "Water Activity Zone" means the area that extends 1,000 feet seaward into the Pacific Ocean from the mean high tide line. "Wheeled Conveyance" shall include, but not be limited to, automobiles, bicycles, skateboards, rollerblades, rollerskates, and strollers. 13.08.020 Defacing, Injuryinq. and/or Destroying Public Property No Person shall cut, carve, hack, remove, deface, affix item or object to, or otherwise injure any fence, post, toilet, lavatory, restroom, building, shower, vegetation, trash can, sign or other structure, at or on the Beach, Adjacent Beach Area, Pier or Pier Plaza, or to place writing upon the interior or exterior of any fence, post, toilet, lavatory, restroom, building, shower, vegetation, trash 139 can, sign or other strncture therein, any initial, name writing, printing, drawing or vulgar, profane or obscene word or picture. 13.08.051 Tents and Canopies A. No Person shall erect, maintain or occupy any tent or canopy in excess of 100 square feet, or any tent or canopy without at least two sides completely open to public view, on the Beach or Adjacent Beach Area, as described in Section 13 .08.00S (B), except by permit issued by the Director. B. No Person shall erect, maintain or occupy any canopy or tent in the Beach Parking Lot, Beach Service Road, Pier or Pier Plaza except by pe1mit issued by the Director. 13.08.200 Leaving Objects feJ No Person shall place, lay, store, hang or cause to be placed, laid , stored, or cause to be hung any object on, against, or upon any lifeguard station or municipal strncture, or within an Emergency Services Access Zone, except by permit issued by the Director. (B) Property left in violation ofthis section may be impounded removed by any on-duty City employee acting in the scope of their duties. Any impounded removed items will be kept by the Police Department or Marine Safety Division for J.,20 days. After J.,20 days the prope1ty will be considered abandoned and may be disposed ofby the City. Impounded personal property may be disposed of immediately if there is a cause to reasonably believe that the property is: 1. Perishable: 2. Contaminated with feces, urine or bodily fluid: 3. Infested with insects; 4. Contaminated with mold or mildew: 5. Intentionally discarded: 6. An immediate threat to public health or safety 13,08,215 Obstructing Emergency Access Zone Following notice by posted sign or verbal warning, no person may obstruct or block access or use of the Emergency Access Zone by emergency vehicles and emergency service personnel. Any person sitting, laying, playing, or loitering will be considered to be obstructing the Emergency Access Zone . 13.08.270 Noise A. No Person shall play, use or operate, or permit to be played, used or operated, any instrument, machine or device, for producin& er reproducing, or amplifying sound, upon the Beach or Adjacent Beach Area, at such a volume as unnmsonably to disturb the peace, quiet and 140 comfort of Persons who are not voluntary listeners thereto, after having been warned which sound is plainly audible fifty feet from the source of the noise. B. Activities conducted by public safety personnel engaged in the performance of their duties, and those conducted with a permit issued by the Director authorizing such noise, are exempt from this section. C. Nothing in this sections is meant to prevent individuals from engaging in free-speech activities. 13.08.305 Public Restrooms A. No person shall block. obstruct, or prevent free access to the entrance or exit to any restroom, washroom, shower, or building open to the public. B. Public restrooms shall not be used for sleeping, loitering. bathing, camping, storage. or habitation. Ordinance No. 4319 Changes to Huntington Beach Municipal Code Section 13.08 April 2, 2024 141 'JON tfll'_, ._____~ •7< <~ ---... ~~ ~ : <' a POLICE 142 Adds definition of Emergency Services Access Zone to 13.08.05 To include the following areas: •The Beach Service Road. •All public stairways, sidewalks, access ramps. •A 14-foot-wide pathway down the center of the pier. •The area in Pier Plaza located between the outer most edges of the Pier. •Directly in front of operational lifeguard towers. •Lanes and zones delineated by signs or barriers. Amends 13.08.200 – Leaving Objects •To include Emergency Access Zones. •Adds language to permit removal of items left hung on, against, or upon any lifeguard station, municipal structure, or within an Emergency Services Access Zone, without authorization. Adds 13.08.215 – Obstructing Emergency Access Zones •Prohibits obstructing the emergency access zone. •Requires warning prior to enforcement for obstructing an emergency access zone. 143 Amends 13.08.270 - Noise •Removes language prohibiting noise, “at such volume as unreasonably to disturb the peace, quiet and comfort of Persons who are not voluntary listeners thereto, after having been warned.” •Adds “which sound is plainly audible fifty feet from the source of the noise, after having been warned.” •Creates an exemption for permitted activities and public safety personnel engaged in the performance of their duties. Amends 13.08.051 – Tents and Canopies •Requires canopies to have two sides completely open to public view. •Prohibits tents in excess of 100 square feet. Adds 13.08.305 – Public Restrooms •Prohibits blocking, obstructing, or preventing free access to public restrooms and washrooms. •Prohibits sleeping, loitering, bathing, camping, storing property, or habituating in a public restroom. Amends 13.08.020 – Defacing, Injuring, and/or Destroying Public Property •Adds “Injuring” to the title. •Adds “affix items to”, to the list of what constitutes a violation of this section. •Adds showers, trashcans, and vegetation to the list of property covered by this section. Example of 50 ft radius 144 Questions? 145 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:24-215 MEETING DATE:4/2/2024 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Eric G. Parra, Interim City Manager VIA:Eric Parra, Chief of Police PREPARED BY:Lt. Thoby Archer and Ingrid Ono, Executive Assistant Subject: Approve for introduction Ordinance No. 4317 amending Chapter 8.42 of the Huntington Beach Municipal Code relating to the use of police services at loud parties or other activities Statement of Issue: At this time, Huntington Beach Municipal Code (HBMC) Chapter 8.42 lacks a more comprehensive definition of “unruly or loud conduct” regarding large parties and gatherings. Specifically, the Police Department is attempting to address unruly conduct where perpetrators may be seeking refuge in a residence to escape or prevent identification. The anonymity and subsequent behavior have led to an increase of random assaults and vandalism. Proposed Ordinance No. 4317 would amend HBMC Chapter 8.42 to expand the authority of officers to issue civil citations to residents engaged in this behavior. Financial Impact: There would be minimal associated implementation costs but may result in a minor increase in revenue if citations are issued. Recommended Action: Approve for introduction Ordinance No. 4317, “An Ordinance of the City Council of the City of Huntington Beach Amending the Huntington Beach Municipal Code by Amending Chapter 8.42 Use of Police Services at Loud Parties or Other Activities.” Alternative Action(s): Do not approve and direct staff accordingly. Analysis: In the past few years, there has been an increase in calls for service and complaints of subjects being hit by water balloons and other objects on and around the 4 th of July holiday. Specifically, City of Huntington Beach Printed on 3/27/2024Page 1 of 2 powered by Legistar™146 File #:24-215 MEETING DATE:4/2/2024 being hit by water balloons and other objects on and around the 4 th of July holiday. Specifically, residents in certain neighborhoods have created a culture of throwing water balloons at passing pedestrians, cyclists, and vehicles. Year after year, this generates calls for service where officers are dispatched to address and handle these calls.In 2023, there were 9 calls for service during the 4 th of July on one street alone, diverting several different officers on the busiest day of the year to respond to these calls. Often, residents will deny knowledge or the existence of the perpetrators, even though eyewitnesses and victims will identify their residences as the places where the violations occurred. Huntington Beach Municipal Code section 8.42 was crafted to address such gatherings, where the occupants commit a public offense and either refuse to open the door or refuse to make the responsible party available to be cited. This has been commonplace for many years with loud party calls for service. Amending this section to include when participants and guests are throwing items into the roadway will provide officers with a resource to conduct enforcement action and promote a safer community. 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 8 - Public Safety, Strategy A - Community-wide comprehensive risk reduction program to optimize public safety's emergency response and reduce the number of calls. This will assist officers when responding to calls for service and may reduce the number of calls when the public is aware of the law and the potential consequences associated with violating it. Attachment(s): 1. Ordinance No. 4317, “An Ordinance of the City Council of the City of Huntington Beach Amending the Huntington Beach Municipal Code by Amending Chapter 8.42 Use of Police Services at Loud Parties or Other Activities.” 2. PowerPoint presentation with calls for service in 2023 on Alabama Street for water balloons and other objects being thrown at people and vehicles. City of Huntington Beach Printed on 3/27/2024Page 2 of 2 powered by Legistar™147 148 ORDINANCE NO. 4317 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING CHAPTER 8.42 USE OF POLICE SERVICES AT LOUD PARTIES OR OTHER ACTIVITIES The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. That Section 8.42.010 of the Huntington Beach Municipal Code entitled is hereby amended to read as follows: 8.42.010 Definitions The following words, phrases and terms as used in this chapter shall have the meaning as indicated below: "Alcohol" means ethyl alcohol or hydrated oxide of ethyl from whatever source or by whatever process produced. "Alcoholic beverage" means alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirit, wine, or beer, and which contains one-half of one percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances. "Host" is the person who owns the property where the party, gathering or event takes place; the person in charge of the premises and/or the person who organized the event. If the host is a minor, then the parents or guardians of that minor will be jointly and severally liable for the fee incurred for police services. "Juvenile" means any person less than 18 years of age. "Large party, gathering or event" is a group of persons who have assembled or are assembling for a social occasion or for a social activity. "Parent or legal guardian" means a person who is a natural parent, adoptive parent, foster parent, or stepparent of another person, or a person who, under court order, is the guardian of another person, or a public or private agency with which a minor has been placed by the court. "Party, gathering or event" means a group of persons who have assembled or are assembling at a residence or other private property, whether such residence or property is owned, leased, rented or used without compensation. "Police services fee" is the cost to the City of any special security assignment. Such fee may be either a flat fee of $250.00 or an itemized fee based on, but not limited to, salaries of police officers while responding to or remaining at the party, gathering or event, the pro rata cost of equipment, the cost of repairing City equipment and property, the cost of any medical treatment of injured police officers. 149 ORDINANCE NO. 4317 "Responsible person or host" means any of the following: 1. Any person or entity that owns, rents, leases, or otherwise has control of a residence or other private property, including without limitation, a hotel/motel room or rented or leased area, where a party, gathering or event occurs. 2. Any person or entity present at a party, gathering or event who provides an alcoholic beverage to anyone under the age of 21 years. 3. Any person or entity present at a paiiy, gathering or event where unruly or loud conduct occurs and that receives money or other consideration for granting access to the party, gathering or event, or hosts, organizes, supervises, officiates, conducts or controls, or willingly accepts responsibility for such a party, gathering or event. "Special security assignment" is the assignment of police officers, services and equipment during a second or subsequent response to the party, gathering or event after the distribution of a written notice to the host that a fee may be imposed for costs incurred by the City for any subsequent police response. "Underage person" means any person less than 21 years of age. "Unruly or loud conduct" includes the obstruction of streets by crowds of vehicles, public drunkenness, public urination, service to, possession of or consumption of alcoholic beverages by an underage person, assaults, batteries or other disturbances of the peace including, but not limited to, vandalism, littering, throwing objects or spraying liquids into streets, sidewalks or alleys, or other conduct that constitutes a threat to public health, safety, or quiet enjoyment of residential property or public property. SECTION 2. That Section 8.42.031 of the Huntington Beach Municipal Code entitled is hereby amended to read as follows: 8.42.031 Prohibition on Unruly or Loud Conduct at Parties, Gatherings or Events or Where Alcohol is Served to, Consumed by, or in the Possession of an Underage Person. A. It is unlawful and a public nuisance for a responsible person or host to cause or allow unruly or loud conduct at a party, gathering or event to occur at any residence or other private property if the responsible person or host knows or reasonably should know that unruly or loud conduct is occurring. A responsible person or host shall be presumed to have knowledge that unruly or loud conduct was occurring at a party, gathering or event if the responsible person or host did not take all reasonable steps to prevent such activity from occurring. Reasonable steps include, but are not limited to monitoring the responsible, safe and lawful conduct of all persons attending the party, gathering or event. B. It is unlawful and a public nuisance for a responsible person or host to cause or allow a party, gathering or event to occur at any residence or other private property at which any underage person is being served, is in possession of, or is consuming an alcoholic beverage, if the responsible person or host knows or reasonably should know that an underage person is being served, is in possession of, or is consuming an alcoholic beverage. A responsible person or host shall be presumed to have knowledge that an underage person was being served, was in 2 150 ORDINANCE NO. 4317 possession of, or was consuming an alcoholic beverage at a party, gathering or event if the responsible person or host did not take all reasonable steps to prevent such activity from occurring. Reasonable steps include, without limitation: controlling the access to and serving of alcoholic beverages to underage persons, and monitoring the responsible, safe and lawful conduct of underage persons. C. A responsible person or host need not have been issued a prior warning in order to be subject to the penalties for violation of this section. SECTION 3. That this Ordinance shall become effective thirty (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 ________ , 2024. Mayor City Manager INITIATED AND APPROVED: ATTEST: Chief of Police City Clerk 3 151 LEGISLATIVE DRAFT HBMC CHAPTER 8.42 Chapter 8.42 8.42.010 Definitions The following words, phrases and terms as used in this chapter shall have the meaning as indicated below: "Alcohol" means ethyl alcohol or hydrated oxide of ethyl from whatever source or by whatever process produced. "Alcoholic beverage" means alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirit, wine, or beer, and which contains one-half of one percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances. "Host" is the person who owns the property where the party, gathering or event takes place; the person in charge of the premises and/or the person who organized the event. If the host is a minor, then the parents or guardians of that minor will be jointly and severally liable for the fee incmTed for police services. "Juvenile" means any person less than 18 years of age. "Large party, gathering or event" is a group of persons who have assembled or are assembling for a social occasion or for a social activity. "Parent or legal guardian" means a person who is a natural parent, adoptive parent, foster parent, or stepparent of another person, or a person who, under court order, is the guardian of another person, or a public or private agency with which a minor has been placed by the comt. "Party, gathering or event" means a group of persons who have assembled or are assembling at a residence or other private property, whether such residence or property is owned, leased, rented or used without compensation. "Police services fee" is the cost to the City of any special security assignment. Such fee may be either a flat fee of $250.00 or an itemized fee based on, but not limited to, salaries of police officers while responding to or remaining at the party, gathering or event, the pro rata cost of equipment, the cost of repairing City equipment and property, the cost of any medical treatment of injured police officers. "Responsible person or host" means any of the following: 1. Any person or entity that owns, rents, leases, or otherwise has control of a residence or other private property, including without limitation, a hotel/motel room or rented or leased area, where a paity, gathering or event occurs. 2. Any person or entity present at a paiiy, gathering or event who provides an alcoholic beverage to anyone under the age of 21 years. 152 3. Any person or entity present at a party, gathering or event where unruly or loud conduct occurs and that receives money or other consideration for granting access to the party, gathering or event, or hosts, organizes, supervises, officiates, conducts or controls, or willingly accepts responsibility for such · a party, gathering or event. "Special security assignment" is the assignment of police officers, services and equipment during a second or subsequent response to the party, gathering or event after the distribution of a written notice to the host that a fee may be imposed for costs incuned by the City for any subsequent police response. "Underage person" means any person less than 21 years of age. "Unruly or loud conduct" includes the obstruction of streets by crowds of vehicles, public drunkenness, public urination, service to, possession of or consumption of alcoholic beverages by an underage person, assaults, batteries or other disturbances of the peace including, but not limited to, vandalism, littering. throwing objects or spraying liquids into streets. sidewalks or alleys, or other conduct that constitutes a threat to public health, safety, or quiet enjoyment of residential property or public property. 8.42.031 Prohibition on Unruly or Loud Conduct at Parties, Gatherings or Events m...Where Alcohol is Served to, Consumed by, or in the Possession of Underage Person. A. It is unlawful and a public nuisance for a responsible person or host to cause or allow unruly or loud conduct at a party. gathering or event to occur at any residence or other private property if the responsible person or host knows or reasonably should know that unruly or loud conduct is occurring. A responsible person or host shall be presumed to have knowledge that unruly or loud conduct was occurring at a party. gathering or event if the responsible person or host did not take all reasonable steps to prevent such activity from occmTing. Reasonable steps include. but are not limited to monitoring the responsible. safe and lawful conduct of all persons attending the party. gathering or event. B. It is unlawful and a public nuisance for a responsible person or host to cause or allow a party, gathering or event to occur at any residence or other private property at which any underage person is being served, is in possession of, or is consuming an alcoholic beverage, if the responsible person or host knows or reasonably should know that an underage person is being served, is in possession of, or is consuming an alcoholic beverage. l'.. responsible person or host need not have been issued a prior 1.vaming in order to be subject to the penalties for violation of this section. A responsible person or host shall be presumed to have knowledge that an underage person was being served, was in possession of, or was consuming an alcoholic beverage at a paiiy, gathering or event if the responsible person or host did not take all reasonable steps to prevent such activity from occurring. Reasonable steps include, without limitation: controlling the access to and serving of alcoholic beverages to underage persons, and monitoring the responsible, safe and lawful conduct of underage persons. C. A responsible person or host need not have been issued a prior warning in order to be subject to the penalties for violation of this section. Recommendation to modify HBMC §8.42 Lieutenant Thoby Archer April 2nd, 2024 153 GTON tfll'_, ~"~=--=~~ POLICE R 1 The Problem •The police department has received multiple complaints (often related to Independence Day celebrations) of items being thrown into the street from residences. •Perpetrators are often difficult to identify and hold responsible as they are often seeking refuge inside a residence. •It is a unique problem, but not unsimilar to calls for service at loud parties, for which HBMC § 8.42 was initially created. •The proposed amendment would expand the authority of officers to issue civil citations to responsible parties who allow or permit this behavior. 154 Scope of the Problem PLACEHOLDER FOR VIDEO 155 Necessity for Change •In 2023 there were 9 separate calls for service requiring multiple officers to respond to related calls on Alabama Street alone on Independence Day. •These are precious resources that could be allocated to other priority calls for service. 156 Public Information •We intend to have a robust education campaign to include: •Water Billing Notification •Social Media Posts •Hand delivered fliers to specific locations known to have previously engaged in this behavior. 157 Enforcement •Holding property owners or tenants responsible for the activity occurring at their property is a tried method of enforcement of laws. •HBMC § 1.18.030 Allows for citations to responsible parties. •HBMC § 1.18.020 Defines responsible parties, such as a person who is the owner of, and a person who is a lessee or sublessee with the current right of possession of, real property where a property-related code violation occurs. •This change would slightly expand the definition of activity in the municipal code, to include the aforementioned activity. 158 Questions? 159