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HomeMy WebLinkAbout2025-03-04 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, March 4, 2025 4:00 PM - Closed Session 6:00 PM - Regular Meeting Council Chambers 2000 Main Street Huntington Beach, CA 92648 MAYOR AND CITY COUNCIL PAT BURNS, Mayor CASEY MCKEON, Mayor Pro Tem DON KENNEDY, Councilman TONY STRICKLAND, Councilman BUTCH TWINING, Councilman GRACEY VAN DER MARK, Council Woman CHAD WILLIAMS, Councilman STAFF TRAVIS HOPKINS, Acting City Manager MIKE VIGLIOTTA, City Attorney LISA LANE BARNES, City Clerk ALISA BACKSTROM, City Treasurer 1 AGENDA March 4, 2025City Council/Public Financing Authority 4:00 PM - COUNCIL CHAMBERS CALL TO ORDER ROLL CALL Twining, Kennedy, McKeon, Burns, Van Der Mark, Strickland, Williams 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 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 25-1461.CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Travis Hopkins, Acting City Manager; also in attendance: Marissa Sur, Director of Human Resources; Mike Vigliotta, City Attorney and David Cain, Interim Chief Financial Officer. Employee Organization: Huntington Beach Municipal Teamsters (HBMT). 25-1472.CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Travis Hopkins, Acting City Manager; also in attendance: Marissa Sur, Director of Human Resources; Mike Vigliotta, City Attorney and David Cain, Interim Chief Financial Officer. Employee Organization: Management Employees' Organization (MEO). 25-1483.CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Travis Hopkins, Page 1 of 7 2 AGENDA March 4, 2025City Council/Public Financing Authority Acting City Manager; also in attendance: Marissa Sur, Director of Human Resources; Mike Vigliotta, City Attorney and David Cain, Interim Chief Financial Officer. Employee Organization: Marine Safety Management Association (MSMA). 25-1494.CONFERENCE WITH REAL PROPERTY NEGOTIATORS - Property: 21091 Pacific Coast Highway, Huntington Beach, CA, 92648 (APN 024-281-16). Agency Negotiators: Travis Hopkins, Acting City Manager; Ashley Wysocki, Director of Community and Library Services; Chris Cole, Community and Library Services Manager; William Krill, Real Estate Project Manager. Negotiating Parties: (Not Present) Dave Clapp DBA Jack’s Beach Concessions. Under negotiation: Price and terms of lease. 25-1525.CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION (Gov. Code section 54956.9(d)(2).): Two (2). 25-1566.CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). People of the State of California v. City of Huntington Beach; Case No. 30-2024-01393606. 25-1577.CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Bixby (Mark) v. Robin Estanislau, et al.; OCSC Case No.: 30-2023-01366664. 25-1668.CONFERENCE WITH LEGAL COUNSEL-LITIGATION (Gov. Code section 54956.9(d)(4).): One (1). 6:00 PM – COUNCIL CHAMBERS RECONVENE CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING ROLL CALL Twining, Kennedy, McKeon, Burns, Van Der Mark, Strickland, Williams 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. Page 2 of 7 3 AGENDA March 4, 2025City Council/Public Financing Authority 25-1429.Huntington Beach Police Chaplain Bob Ewing PLEDGE OF ALLEGIANCE CLOSED SESSION REPORT BY CITY ATTORNEY CITY COUNCIL MEMBER COMMENTS (2-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 (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 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 Page 3 of 7 4 AGENDA March 4, 2025City Council/Public Financing Authority 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 25-15910.Department Services and Budget Overview CONSENT CALENDAR (Items 11 - 15) City Clerk 25-14111.Approve and Adopt Minutes Approve and adopt the City Council/Public Financing Authority regular meeting minutes of February 18, 2025. Recommended Action: City Manager 25-10812.Adopt Resolution No. 2025-18 Approving the 2025 Huntington Beach Legislative Platform Adopt Resolution No. 2025-18, “A Resolution of the City Council of the City of Huntington Beach Adopting the City of Huntington Beach Legislative Platform.” Recommended Action: 25-16513.Letter of Opposition Regarding South Coast Air Quality Management District (AQMD) Proposed Amended Rules 1111 and 1121 Direct City Manager to Draft and Send a Letter on Behalf of the City of Huntington Beach to the South Coast Air Quality Management District Governing Board Opposing Proposed Amended Rules 1111 and 1121. Recommended Action: Community Development 25-12114.Approve and authorize execution of Amendment No. 1 to the professional services contract with CSG Consultants, Inc., for inspection services in the amount of $385,000 Approve and authorize the Mayor and City Clerk to execute “Amendment No. 1 to Professional Services Contract Between the City of Huntington Beach and CSG Consultants, Inc., for Counter Services and Field Inspection of Construction Projects ,” to increase the contract amount by $385,000 (Attachment No.1) Recommended Action: Page 4 of 7 5 AGENDA March 4, 2025City Council/Public Financing Authority Public Works 25-07915.Accept the lowest responsive and responsible bid and authorize execution of a construction contract with All American Asphalt in the amount of $4,138,097 for the Residential Zone 2 Overlay Maintenance Project, CC-1812 A) Accept the lowest responsive and responsible bid submitted by All American Asphalt in the amount of $4,138,097; and, B) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney. Recommended Action: ADMINISTRATIVE ITEMS 25-15416.Adopt Resolution No. 2025-17 approving a City Manager Employment Agreement Adopt Resolution No. 2025-17, “A Resolution of the City Council of the City of Huntington Beach Approving Travis Hopkins as City Manager” and execute the related City Manager Employment Agreement. Recommended Action: 25-15317.Consider Options on How to Proceed for Citizen Initiative to Repeal Ordinance No. 4318 by Deleting Huntington Beach Municipal Code Chapter 2.66 - Community-Parent Guardian Review Board for Procurement of Children’s Library materials, and Adding Section 2.30.090 - Selection and Use of Library Materials A) Adopt Resolution No. 2025-09, “A Resolution of the City Council of the City of Huntington Beach Calling for and Ordering the Holding of a General Election on Tuesday, November 3, 2026, for Submission to Voters an Initiative Ordinance to Amend the Huntington Beach Municipal Code by Deleting Chapter 2.66 Thereof Entitled ‘Community Parent Guardian Review Board for Procurement of Children’s Library Materials’ and Adding Section 2.03.090 Thereto Entitled ‘Selection and Use of Library Materials;’” OR, B) Call for a special election to be held not less than 88 days, nor more than 103 days after the order of the election, and: 1. Adopt Resolution No. 2025-20, “A Resolution of the City Council of the City of Huntington Beach Calling for and Ordering the Holding of a Special Election on Recommended Action: Page 5 of 7 6 AGENDA March 4, 2025City Council/Public Financing Authority Tuesday, ________, 2025, for Submission to the Voters an Initiative Ordinance to Amend the Huntington Beach Municipal Code by Deleting Chapter 2.66 Thereof Entitled ‘Community Parent Guardian Review Board for Procurement of Children’s Library Materials’ and Adding Section 2.03.090 Thereto Entitled ‘Selection and Use of Library Materials;’” and, 2. Adopt Resolution No. 2025-21, “A Resolution of the City Council of the City of Huntington Beach Requesting the Board of Supervisors of the County of Orange to Render Specified Services to the City Relating to the Conduct of a Special Election to be Held on Tuesday, ________, 2025;” and, 3. Adopt Resolution No. 2025-22, “A Resolution of the City Council of the City of Huntington Beach Setting Priorities for Filing a Written Argument(s) Regarding a City Measure and Directing the City Attorney to Prepare an Impartial Analysis.”; and, 4. Adopt Resolution No. 2025-12, “A Resolution of the City Council of the City of Huntington Beach Providing for the Filing of Rebuttal Arguments for City Measures Submitted at Municipal Elections” 25-15518.Consider Options on How to Proceed for Citizen Initiative “An Ordinance to Amend the Huntington Beach Municipal Code by Adding New Section 2.30.100, Entitled ‘Public Operation of Library Services’” A) Adopt Resolution No. 2025-13, “A Resolution of the City Council of the City of Huntington Beach Calling for and Ordering the Holding of a General Election on Tuesday, November 3, 2026, for Submission to Voters an Initiative Ordinance to Amend the Huntington Beach Municipal Code by Adding New Section 2.03.100, Entitled ‘Public Operation of Library Services;’” OR, B) Call for a special election to be held not less than 88 days, nor more than 103 days after the order of the election, and: 1. Adopt Resolution No. 2025-23, “A Resolution of the City Council of the City of Huntington Beach Calling for and Ordering the Holding of a Special Election on Tuesday, ________, 2025, for Submission to Voters an Initiative Ordinance to Amend the Huntington Beach Municipal Code by Adding New Section 2.03.100, Entitled ‘Public Operation of Library Services;’” and, 2. Adopt Resolution No. 2025-24, “A Resolution of the City Council of the City of Huntington Beach Requesting the Board of Supervisors of the County of Orange to Render Specified Services to the City Relating to the Conduct of a Special Election to be Held on Tuesday, ________, 2025;” and, 3. Adopt Resolution No. 2025-25, “A Resolution of the City Council of the City of Huntington Beach Setting Priorities for Filing a Written Argument(s) Regarding a City Measure and Directing the City Attorney to Prepare an Impartial Analysis;” and, 4. Adopt Resolution No. 2025-16, “A Resolution of the City Council of the City of Recommended Action: Page 6 of 7 7 AGENDA March 4, 2025City Council/Public Financing Authority Huntington Beach, California, Providing for the Filing of Rebuttal Arguments for City Measures Submitted at Municipal Elections” ADJOURNMENT The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority is Tuesday, March 18, 2025, in the Civic Center Council Chambers, 2000 Main Street, Huntington Beach, California. INTERNET ACCESS TO CITY COUNCIL/PUBLIC FINANCING AUTHORITY AGENDA AND STAFF REPORT MATERIAL IS AVAILABLE PRIOR TO CITY COUNCIL MEETINGS AT http://www.huntingtonbeachca.gov Page 7 of 7 8 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-146 MEETING DATE:3/4/2025 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Travis Hopkins, Acting City Manager; also in attendance: Marissa Sur, Director of Human Resources; Mike Vigliotta, City Attorney and David Cain, Interim Chief Financial Officer. Employee Organization: Huntington Beach Municipal Teamsters (HBMT). City of Huntington Beach Printed on 2/26/2025Page 1 of 1 powered by Legistar™ 9 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-147 MEETING DATE:3/4/2025 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Travis Hopkins, Acting City Manager; also in attendance: Marissa Sur, Director of Human Resources; Mike Vigliotta, City Attorney and David Cain, Interim Chief Financial Officer. Employee Organization: Management Employees' Organization (MEO). City of Huntington Beach Printed on 2/26/2025Page 1 of 1 powered by Legistar™ 10 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-148 MEETING DATE:3/4/2025 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Travis Hopkins, Acting City Manager; also in attendance: Marissa Sur, Director of Human Resources; Mike Vigliotta, City Attorney and David Cain, Interim Chief Financial Officer. Employee Organization: Marine Safety Management Association (MSMA). City of Huntington Beach Printed on 2/26/2025Page 1 of 1 powered by Legistar™ 11 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-149 MEETING DATE:3/4/2025 CONFERENCE WITH REAL PROPERTY NEGOTIATORS - Property: 21091 Pacific Coast Highway, Huntington Beach, CA, 92648 (APN 024-281-16). Agency Negotiators: Travis Hopkins, Acting City Manager; Ashley Wysocki, Director of Community and Library Services; Chris Cole, Community and Library Services Manager; William Krill, Real Estate Project Manager. Negotiating Parties: (Not Present) Dave Clapp DBA Jack’s Beach Concessions. Under negotiation: Price and terms of lease. City of Huntington Beach Printed on 2/26/2025Page 1 of 1 powered by Legistar™ 12 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-152 MEETING DATE:3/4/2025 CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION (Gov. Code section 54956.9 (d)(2).): Two (2). City of Huntington Beach Printed on 2/26/2025Page 1 of 1 powered by Legistar™ 13 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-156 MEETING DATE:3/4/2025 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). People of the State of California v. City of Huntington Beach; Case No. 30-2024-01393606. City of Huntington Beach Printed on 2/26/2025Page 1 of 1 powered by Legistar™ 14 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-157 MEETING DATE:3/4/2025 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Bixby (Mark) v. Robin Estanislau, et al.; OCSC Case No.: 30-2023- 01366664. City of Huntington Beach Printed on 2/26/2025Page 1 of 1 powered by Legistar™ 15 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-166 MEETING DATE:3/4/2025 CONFERENCE WITH LEGAL COUNSEL-LITIGATION (Gov. Code section 54956.9(d)(4).): One (1). City of Huntington Beach Printed on 2/26/2025Page 1 of 1 powered by Legistar™ 16 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-142 MEETING DATE:3/4/2025 Huntington Beach Police Chaplain Bob Ewing City of Huntington Beach Printed on 2/26/2025Page 1 of 1 powered by Legistar™ 17 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-159 MEETING DATE:3/4/2025 Subject: Department Services and Budget Overview City of Huntington Beach Printed on 2/26/2025Page 1 of 1 powered by Legistar™ 18 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-141 MEETING DATE:3/4/2025 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Lisa Lane Barnes, City Clerk PREPARED BY:Lisa Lane Barnes, City Clerk Subject: Approve and Adopt Minutes Statement of Issue: The City Council/Public Financing Authority regular meeting minutes of February 18, 2025, require review and approval. Financial Impact: None. Recommended Action: Approve and adopt the City Council/Public Financing Authority regular meeting minutes of February 18, 2025. 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. February 18, 2025 CC/PFA regular meeting minutes City of Huntington Beach Printed on 2/26/2025Page 1 of 1 powered by Legistar™ 19 Minutes City Council/Public Financing Authority City of Huntington Beach Tuesday, February 18, 2025 3:45 PM — Council Chambers 6:00 PM — Council Chambers Civic Center, 2000 Main Street Huntington Beach, California 92648 A video recording of the 3:45 PM and 6:00 PM portions of this meeting is on file in the Office of the City Clerk, and archived at https://huntingtonbeach.legistar.com/Calendar.aspx 3:45 PM — COUNCIL CHAMBERS CALLED TO ORDER — 3:45 PM ROLL CALL Present: Twining, Kennedy, McKeon, Burns, Van Der Mark, Strickland, and Williams Absent: None ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS PERTAINING TO CLOSED SESSION (Received After Agenda Distribution)— None PUBLIC COMMENTS (3-Minute Time Limit) — None Mayor Burns read titles for Item #1 25-115 regarding Conference with Labor Negotiators and Employee Organization: Management Employees' Organization (MEO); Item #2 25-116 regarding Conference with Labor Negotiators and Employee Organization: Huntington Beach Municipal Teamsters (HBMT); Item #3 25-117 regarding Conference with Labor Negotiators and Employee Organization: Marine Safety Association (MSMA); Item #4 25-118 Conference with Real Property Negotiators: DBA Jack's Beach Concessions: Price and terms of lease; and Item #5 25-119 regarding Public Employee Appointment: City Manager. A motion was made by McKeon, with a second by Van Der Mark, to recess to Closed Session. RECESSED TO CLOSED SESSION — 3:49 PM CLOSED SESSION 1.25-115 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Travis Hopkins, Acting City Manager; also in attendance: Marissa Sur, Director of Human Resources; Michael E. Gates, City Attorney and David Cain, Interim Chief Financial Officer. Employee Organization: Management Employees’ Organization (MEO). 2.25-116 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Travis Hopkins, Acting City Manager; also in attendance: Marissa Sur, Director of Human Resources; Michael E. Gates, City Attorney and David Cain, Interim Chief Financial Officer. Employee Organization: Huntington Beach Municipal Teamsters (HBMT). DRAF T 20 Council/PFA Regular Meeting Minutes February 18, 2025 Page 2 of 15 3.25-117 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Travis Hopkins, Acting City Manager; also in attendance: Marissa Sur, Director of Human Resources; Michael E. Gates, City Attorney and David Cain, Interim Chief Financial Officer. Employee Organization: Marine Safety Management Association (MSMA). 4.25-118 CONFERENCE WITH REAL PROPERTY NEGOTIATORS - Property: 21091 Pacific Coast Highway, Huntington Beach, CA, 92648 (APN 024-281-16). Agency Negotiators: Travis Hopkins, Acting City Manager; Ashley Wysocki, Director of Community and Library Services; Chris Cole, Community and Library Services Manager; William Krill, Real Estate Project Manager. Negotiating Parties: (Not Present) Dave Clapp DBA Jack’s Beach Concessions. Under negotiation: Price and terms of lease. 5.25-119 PUBLIC EMPLOYEE APPOINTMENT (Gov. Code section 54957(b)(1).) Title: City Manager. 6.25-120 CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION (Gov. Code section 54956.9(d)(2).): One (1). 6:00 PM — COUNCIL CHAMBERS RECONVENED CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING — 6:00 PM ROLL CALL Present: Twining, Kennedy, McKeon, Burns, Van Der Mark, Strickland, and Williams Absent: None PLEDGE OF ALLEGIANCE — Led by City Attorney Mike Vigliotta INVOCATION In permitting a nonsectarian invocation, the City does not intend to proselytize or advance any faith or belief. Neither the City nor the City Council endorses any particular religious belief or form of invocation. 7. 25-109 Huntington Beach Fire and Police Chaplain Roger Wing CLOSED SESSION REPORT BY CITY ATTORNEY — None CITY COUNCIL MEMBER COMMENTS (2-Minute Time Limit) Councilmember Strickland announced that Former City Attorney Michael Gates has accepted a position as Deputy Assistant Attorney General, Civil Rights Division, at the United States Department of Justice, and Mayor Burns noted that March 18, 2025, is Huntington Beach's 116th Birthday. ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) Pursuant to the Brown "Open Meetings" Act, City Clerk Lisa Lane Barnes announced supplemental communications received by her office following distribution of the Council Agenda packet which were all uploaded to the City's website and Councilmember iPads: Consent Calendar Item #14 (1 email communication), Item #15 (1 staff memorandum), Administrative Items #20 (199 email communications), 21 Council/PFA Regular Meeting Minutes February 18, 2025 Page 3 of 15 Item #22 (36 email communication and 1 staff memorandum), Item #23 (35 email communications and 1 staff memorandum), and Item #24 (175 email communications and 1 staff memorandum). PUBLIC COMMENTS (1-Minute Time Limit due to the number of speakers) — 58 Speakers The number [hh:mm:ss] following the speakers' comments indicates their approximate starting time in the archived video located at https://huntingtonbeach.legistar.com/Calendar.aspx. Barbara Richardson commented on the design of a plaque celebrating the Huntington Beach Public Library's 50th Anniversary; Report of effect of proposed initiative for Citizen Initiative to Repeal Ordinance No. 4318; Report of effect of proposed initiative for Citizen Initiative "An Ordinance to Amend the Huntington Beach Municipal Code by Adding New Section 2.30.100"; and a License Agreement for Symphony of Flowers at Huntington Central Park East. (00:13:26) Andrew Einhorn commented on the design of a plaque celebrating the Huntington Beach Public Library's 50th Anniversary; a License Agreement for Symphony of Flowers at Huntington Central Park East; Councilmember attack on Library petitioners; the Pacific Air Show agreement; and taxpayer funded litigation. (00:14:29) Paula Schaefer commented on the design of a plaque celebrating the Huntington Beach Public Library's 50th Anniversary; Report of effect of proposed initiative for Citizen Initiative to Repeal Ordinance No. 4318; Report of effect of proposed initiative for Citizen Initiative "An Ordinance to Amend the Huntington Beach Municipal Code by Adding New Section 2.30.100"; and a License Agreement for Symphony of Flowers at Huntington Central Park East. (00:15:48) Mark Noehren commented on the design of a plaque celebrating the Huntington Beach Public Library's 50th Anniversary. (00:17:07) Dom McGee commented on the design of a plaque celebrating the Huntington Beach Public Library's 50th Anniversary and a License Agreement for Symphony of Flowers at Huntington Central Park East. (00:18:22) Charlie Jackson commented on a License Agreement for Symphony of Flowers at Huntington Central Park East. (00:19:23) Regina Blankenhorn commented on the design of a plaque celebrating the Huntington Beach Public Library's 50th Anniversary; Report of effect of proposed initiative for Citizen Initiative to Repeal Ordinance No. 4318; Report of effect of proposed initiative for Citizen Initiative "An Ordinance to Amend the Huntington Beach Municipal Code by Adding New Section 2.30.100"; and a License Agreement for Symphony of Flowers at Huntington Central Park East. (00:20:30) Amory Hanson commended the service of City Attorney Michael Gates regarding State mandated high density housing and welcomed the appointment of City Attorney Michael Vigliotta. (00:21:44) Patti Pappas commented on the design of a plaque celebrating the Huntington Beach Public Library's 50th Anniversary and a License Agreement for Symphony of Flowers at Huntington Central Park East. (00:22:39) Pat Goodman commented on a License Agreement for Symphony of Flowers at Huntington Central Park East. (00:23:47) Urson Russell commented on local control and elections. (00:25:44) 22 Council/PFA Regular Meeting Minutes February 18, 2025 Page 4 of 15 Brian Thienes commented on the design of a plaque celebrating the Huntington Beach Public Library's 50th Anniversary. (00:26:50) Mina Launarra commented on the design of a plaque celebrating the Huntington Beach Public Library's 50th Anniversary. (00:28:04) Sue Welfringer welcomed the appointment of City Attorney Michael Vigliotta, commented on the design of a plaque celebrating the Huntington Beach Public Library's 50th Anniversary; Report of effect of proposed initiative for Citizen Initiative to Repeal Ordinance No. 4318; Report of effect of proposed initiative for Citizen Initiative "An Ordinance to Amend the Huntington Beach Municipal Code by Adding New Section 2.30.100"; and a License Agreement for Symphony of Flowers at Huntington Central Park East. (00:29:19) TJ England commented on the License Agreement for Symphony of Flowers at Huntington Central Park East. (00:30:28) Dinorah E. commented on her experience of coming to the U. S. and difficulty of finding housing in Huntington Beach. (00:31:39) Chris Kluwe commented on the design of a plaque celebrating the Huntington Beach Public Library's 50th Anniversary. (00:33:04) The meeting went into a brief recess to bring back order. (00:34:30) Stacey Grosvenor commented on the design of a plaque celebrating the Huntington Beach Public Library's 50th Anniversary. (00:34:54) Unnamed Speaker commented on the design of a plaque celebrating the Huntington Beach Public Library's 50th Anniversary. (00:35:46) James Elder commented on the design of a plaque celebrating the Huntington Beach Public Library's 50th Anniversary. (00:36:45) Kely Lagomarsino commented on the design of a plaque celebrating the Huntington Beach Public Library's 50th Anniversary. (00:37:59) Unnamed Speaker commented on the design of a plaque celebrating the Huntington Beach Public Library's 50th Anniversary. (00:38:50) Unnamed Speaker commented on the design of a plaque celebrating the Huntington Beach Public Library's 50th Anniversary. (00:40:40) Cathey Ryder shared her historical perspective of Huntington Beach finances over a number of years. (00:41:42) Michael Cain commented on the design of a plaque celebrating the Huntington Beach Public Library's 50th Anniversary and two Library petitions. (00:42:36) Amy commented on the design of a plaque celebrating the Huntington Beach Public Library's 50th Anniversary and two Library petitions. (00:43:07) Guest P shared a video regarding the two Library petitions. (00:43:39) 23 Council/PFA Regular Meeting Minutes February 18, 2025 Page 5 of 15 Tim Geddes commented on the design of a plaque celebrating the Huntington Beach Public Library's 50th Anniversary and a License Agreement for Symphony of Flowers at Huntington Central Park East. (00:44:50) Amy McGraw commented on the design of a plaque celebrating the Huntington Beach Public Library's 50th Anniversary. (00:45:50) Russ Neal commented on the design of a plaque celebrating the Huntington Beach Public Library's 50th Anniversary; Report of effect of proposed initiative for Citizen Initiative to Repeal Ordinance No. 4318; Report of effect of proposed initiative for Citizen Initiative "An Ordinance to Amend the Huntington Beach Municipal Code by Adding New Section 2.30.100". (00:46:57) David Collings commented on men's recovery homes in Downtown Huntington Beach. (00:48:15) Pat Slusser commented on the design of a plaque celebrating the Huntington Beach Public Library's 50th Anniversary. (00:49:30) Ken Inouye commented on a City Council which he believes is making decisions that divide rather than unite the residents. (00:51:19) Bethany Webb commented on Councilmember decisions that ignore resident positions. (00:52:29) Wendy Rincon commented on the design of a plaque celebrating the Huntington Beach Public Library's 50th Anniversary and a License Agreement for Symphony of Flowers at Huntington Central Park East. (00:53:37) Clark Snodgrass commented on the License Agreement for Symphony of Flowers at Huntington Central Park East. (00:54:44) Heidi Vea thanked City Michael Gates for his service to Huntington Beach. (00:55:55) Brian Vea thanked City Attorney Michael Gates for his service and commented on the design of a plaque celebrating the Huntington Beach Public Library's 50th Anniversary. (00:56:55) Susan commented on the design of a plaque celebrating the Huntington Beach Public Library's 50th Anniversary and License Agreement for Symphony of Flowers at Huntington Central Park East. (00:58:17) Unnamed Speaker commented on the design of a plaque celebrating the Huntington Beach Public Library's 50th Anniversary. (00:59:35) Mike Selna commented on the design of a plaque celebrating the Huntington Beach Public Library's 50th Anniversary. (01:00:45) B. Chanel commented on the design of a plaque celebrating the Huntington Beach Public Library's 50th Anniversary; Report of effect of proposed initiative for Citizen Initiative to Repeal Ordinance No. 4318; Report of effect of proposed initiative for Citizen Initiative "An Ordinance to Amend the Huntington Beach Municipal Code by Adding New Section 2.30.100"; and a License Agreement for Symphony of Flowers at Huntington Central Park East. (01:01:55) 24 Council/PFA Regular Meeting Minutes February 18, 2025 Page 6 of 15 Unnamed Speaker commented on the design of a plaque celebrating the Huntington Beach Public Library's 50th Anniversary. (01:03:45) Perry Clitheroe commented on two Library petitions, a License Agreement for Symphony of Flowers at Huntington Central Park East, and on the design of a plaque celebrating the Huntington Beach Public Library's 50th Anniversary. (01:04:57) Chris Rini commented on the design of a plaque celebrating the Huntington Beach Public Library's 50th Anniversary; Report of effect of proposed initiative for Citizen Initiative to Repeal Ordinance No. 4318; Report of effect of proposed initiative for Citizen Initiative "An Ordinance to Amend the Huntington Beach Municipal Code by Adding New Section 2.30.100"; and a License Agreement for Symphony of Flowers at Huntington Central Park East. (01:05:54) Larry Slenim commented on the design of a plaque celebrating the Huntington Beach Public Library's 50th Anniversary. (01:07:03) Michael Fowler commented on the design of a plaque celebrating the Huntington Beach Public Library's 50th Anniversary. (01:08:14) Alexander Kolzson commented on the design of a plaque celebrating the Huntington Beach Public Library's 50th Anniversary. (01:09:15) Libby commented on the design of a plaque celebrating the Huntington Beach Public Library's 50th Anniversary; Report of effect of proposed initiative for Citizen Initiative to Repeal Ordinance No. 4318; and Report of effect of proposed initiative for Citizen Initiative "An Ordinance to Amend the Huntington Beach Municipal Code by Adding New Section 2.30.100". (01:10:31) Unnamed Speaker commented on the design of a plaque celebrating the Huntington Beach Public Library's 50th Anniversary. (01:11:37) Lisa thanked City Attorney Michael Gates for his service to Huntington Beach and congratulated him for his new position at the Department of Justice. (01:12:20) Jignesh Padhiar commented on the design of a plaque celebrating the Huntington Beach Public Library's 50th Anniversary; the License Agreement for Symphony of Flowers at Huntington Central Park East, and thanked City Attorney Michael Gates for his service to Huntington Beach and congratulated him for his new position at the Department of Justice. (01:13:33) Kathryn Goddard commented on the License Agreement for Symphony of Flowers at Huntington Central Park East. (01:14:31) Victor Leipzig commented on the License Agreement for Symphony of Flowers at Huntington Central Park East. (01:15:35) Rick Brown commented on the design of a plaque celebrating the Huntington Beach Public Library's 50th Anniversary. (01:16:42) Natalie Moser commented on the design of a plaque celebrating the Huntington Beach Public Library's 50th Anniversary, and a License Agreement for Symphony of Flowers at Huntington Central Park East. She was invited to complete a blue card. (01:17:55) 25 Council/PFA Regular Meeting Minutes February 18, 2025 Page 7 of 15 Valentina Bankhead commented on the design of a plaque celebrating the Huntington Beach Public Library's 50th Anniversary. (01:18:55) COUNCIL COMMITTEE APPOINTMENT ANNOUNCEMENTS — None AB 1234 REPORTING — None OPENNESS IN NEGOTIATION DISCLOSURES Mayor Burns, Mayor Pro Tem McKeon, and Councilmembers Van Der Mark and Williams reported meeting with the Management Employees' Organization (MEO). CITY MANAGER’S REPORT 8. 25-105 Update on E-Bikes Acting City Manager Travis Hopkins introduced Lt. Toby Archer who provided a PowerPoint communication titled Huntington Beach Police Department Report on E-Bikes with slides entitled: Suggestions from Council (3), New Additions, Continuing Education/Outreach, By the Numbers (3), Enforcement, and Questions? Mayor Pro Tem McKeon and Lt. Archer discussed one situation where a young E-motorcycle driver was booked on a felony for wanton disregard of public safety and the vehicle was impounded for 30 days which triggered impound costs. CITY TREASURER’S REPORT 9. 25-078 Received and Filed the City Treasurer’s Quarterly Investment Report for December 2024 City Treasurer Alisa Backstrom provided a PowerPoint communication titled Quarterly Investment Report with slides entitled: City Treasurer’s Mission and Goal, Mission: Preservation and Return of Investments, Goal: Hold Legal & Suitable Investments to meet Objectives; Investment Policy Limits; Allowable Investments; Portfolio Overview as of 12/31/24, Investment Portfolio – Summary; Investment Portfolio – by Sector; Investment Portfolio – by Maturity; Investment Portfolio – Activity; Investment Portfolio – Earnings; Investment Portfolio – Selected Compliance; Additional Information; and Questions? Councilmember Kennedy and City Treasurer Backstrom discussed how the City's Investment policy and benchmarks are determined. A statement was made by Strickland, seconded by McKeon, to receive and file the City Treasurer's Quarterly Investment Report for December 2024, pursuant to Section 18.0 of the Investment Policy of the City of Huntington Beach. A vote was not required. CITY CLERK’S REPORT 10. 25-084 Presentation on the Safe and Sane Fireworks Stand Application and Lottery Process for 2025 City Clerk Lisa Lane Barnes provided a PowerPoint communication titled 2025 Safe and Sane Fireworks Stand Application and Lottery Process with slides entitled: Application Period: March 1 through March 26 Council/PFA Regular Meeting Minutes February 18, 2025 Page 8 of 15 31; Civic Organizations (5); High School (5); High School (Private); Youth Sports (5); City Foundation/Partnership Organizations (1); and Application Process (2). CONSENT CALENDAR (Items #11 – #18) Councilmember Kennedy pulled Items #12 and #13, Mayor Pro Tem McKeon pulled Item #15 and Mayor Burns pulled Item #17 for further discussions. City Clerk 11. 25-101 Approved and Adopted Minutes A motion was made by Burns, second Strickland to Approve and adopt the City Council/Public Financing Authority regular meeting minutes of February 4, 2025. The motion carried by the following roll call vote: AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, Strickland, and Williams NOES: None 12. 25-077 Received and Filed the City Clerk’s quarterly listing of professional services contracts filed in the City Clerk’s Office between October 1, 2024 and December 31, 2024 Councilmember Kennedy pulled this item to clarify why an emergency event declared in June but repair is not started until September. It was explained the timeframe includes reimbursement of funds paid for the emergency work. A motion was made by Strickland, second Burns to receive and file the "List of Professional Services Contracts Approved by Department Heads and Submitted to the Office of the City Clerk during the period of October 1, 2024 and December 31, 2024." The motion carried by the following roll call vote: AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, Strickland, and Williams NOES: None Finance 13. 25-111 Approved Fiscal Year 2024/25 Mid-Year Budget Adjustments Councilmember Kennedy pulled this item to clarify that a consultant was needed after start of the Edinger Avenue Sewer project because of unforeseen results after actual soil testing. A motion was made by Strickland, second Van Der Mark to approve mid-year budget adjustments to the FY 2024/25 Revised Budget in the funds and by the amounts contained in Attachment 1. The motion carried by the following roll call vote: AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, Strickland, and Williams NOES: None 27 Council/PFA Regular Meeting Minutes February 18, 2025 Page 9 of 15 Fire 14. 25-104 Approved the Appointment of Mel Williams to the Harbour Commission, as recommended by City Council Liaisons Mayor Burns and Councilmember Van Der Mark A motion was made by Burns, second Strickland to approve the appointment of Mel Williams to the Harbour Commission through December 31, 2028. The motion carried by the following roll call vote: AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, Strickland, and Williams NOES: None Public Works 15. 25-055 Approved and Adopted Resolution No. 2025-02 establishing angled parking on Walnut Avenue between Main Street and 2nd Street and appropriation of funds For the benefit of the public, Mayor Pro Tem McKeon pulled this item to ask Chau Vu, Public Works Director to provide a PowerPoint communication titled Approve Resolution No. 2025-02, with slides entitled Background, Need/Why/Benefits, Details, Recommendation, and Questions? Mayor Pro Tem McKeon noted this project will add $95,000 annually to the General fund. A motion was made by Strickland, second Burns to approve and adopt Resolution No. 2025-02, "A Resolution of the City Council of the City of Huntington Beach Approving the Establishment of Angle Parking on Walnut Avenue Between Main Street and 2nd Street;" and, appropriate $20,000 from the downtown In-Lieu Parking account to Business Unit 30880101 for construction and equipment to establish the recommended parking configuration. The motion carried by the following roll call vote: AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, Strickland, and Williams NOES: None 16. 25-112 Approved and Authorized execution of Amendment No. 6 to Professional Services Agreement with Biggs Cardosa Associates, Inc. (BCA) to Extend the Contract Term by Three Years A motion was made by Burns, second Strickland to approve and authorize the Mayor and City Clerk to execute "Amendment No. 6 to Agreement Between the City of Huntington Beach and Biggs Cardosa Associates, Inc. for Bridge Design Services." The motion carried by the following roll call vote: AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, Strickland, and Williams NOES: None 17. 25-063 Approved License Agreement and Project Specific Maintenance Agreement for the Pelican Harbor Senior Apartments Project at 18431 Beach Boulevard 28 Council/PFA Regular Meeting Minutes February 18, 2025 Page 10 of 15 For benefit of the public, Mayor Burns pulled this item to ask Chau Vu, Public Works Director, to present a PowerPoint communication titled Pelican Harbor Senior Apartments with slides entitled: Background, Location Map, Need/Why/Benefits, Recommendation; and Questions? Mayor Burns asked staff to explain funding sources. Huntington Beach provided a $3M acquisition loan to Jamboree Housing, the project developer, from the Housing Trust Fund which can only be used for affordable housing and federal HOME Funds. It was explained Jamboree Housing had additional multiple funding sources including state, county and a private bank loan to complete funding of this project. A motion was made by Burns, second Strickland to approve and authorize the Mayor and City Clerk to execute the License Agreement between the City of Huntington Beach and Beach Housing Partners, L.P. (Jamboree Housing, the project developer), to provide maintenance of improvements within State Highway Right-of-Way on State Route 39 (Beach Boulevard) for the Pelican Harbor Senior Apartments project (Attachment 2), and instruct the City Clerk to record the agreement with the Orange County Recorder; and, approve and authorize the Mayor and City Clerk to execute the Project Specific Maintenance Agreement between the City of Huntington Beach and State of California (Caltrans) for improvements within State Highway Right-of-Way on State Route 39 (Beach Boulevard) for the Pelican Harbor Senior Apartments project (Attachment 3). The motion carried by the following roll call vote: AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, Strickland, and Williams NOES: None 18. 25-073 Adopted Resolution No. 2025-06 approving and adopting the 2023 Water Master Plan (WMP) Update; and, adopted Resolution No. 2025-07 identifying specific projects for Water Capital Facilities expenditures. A motion was made by Burns, second Strickland to adopt Resolution No. 2025-06, "A Resolution of The City Council of The City of Huntington Beach Approving and Adopting That Certain Report Entitled 'City of Huntington Beach, 2023 Water Master Plan Update'" and adopt Resolution No. 2025-07, "A Resolution of The City Council of The City of Huntington Beach Identifying the Specific Water Projects from The Approved Water Master Plan on Which Capital Facilities Charge Monies and Capital Surcharge Monies Can Be Expended" The motion carried by the following roll call vote: AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, Strickland, and Williams NOES: None PUBLIC HEARING 19. 25-088 Continued from February 4, 2025 with Public Hearing open — Continued a Tax Equity and Financial Responsibility Act public hearing and adopted Resolution No. 2025-05 approving, authorizing, and directing execution of a Joint Exercise of Powers Agreement relating to the California Public Finance Authority and approving the Issuance by the California Public Finance Authority of Revenue Bonds in an amount not to exceed $325,000,000 for Marisol HB, LLC, with no City obligations, as well as a Payment in Lieu of Taxes Agreement Mayor Burns announced continuation of the public hearing from February 4, 2025. 29 Council/PFA Regular Meeting Minutes February 18, 2025 Page 11 of 15 Acting City Manager Travis Hopkins presented a short verbal staff report to review the item under consideration. Acting City Manager Hopkins noted that in lieu of a personal guarantee, Marisol HB, LLC has offered to put the Payment in Lieu of Taxes (PILOT) agreement in a priority position over the bonds to be issued. (02:03:38) Mayor Burns confirmed there were no new ex parte disclosures to make on this item. Councilmembers had no further questions on the project report. City Clerk Lisa Lane Barnes confirmed there were no public speakers for this Public Hearing. Pursuant to the Brown "Open Meetings" Act, City Clerk Lisa Lane Barnes announced supplemental communications received by her office following distribution of the Council Agenda packet which were all uploaded to the City's website and Councilmember iPads: Item #19 (3 email communications) Mayor Burns closed the Public Hearing. Mayor Burns called for Council discussion. Mayor Pro Tem McKeon and Developer Representative Scott Strusiner discussed the process and expected timing for issuance of the building permits and start of construction. Representative Strusiner noted he made a phone call to Mayor Burns before this meeting. Councilmember Kennedy briefly reviewed the business history of the Bluhm Family Trust Foundation including industries the Foundation had previously made grants to, in support of his opinion that the developer is a legitimate charitable foundation. He added he believes this project will bring value to Huntington Beach by providing senior housing, and noted the developer did not have to initiate the Payment in Lieu of Taxes (PILOT) agreement. Mayor Pro Tem McKeon briefly reviewed the history of this project since 2020 when entitlements were approved, and stated his support for the project. Councilmember Williams noted if the property continues to sit vacant it could be expected to generate approximately $20,000 in property taxes per year, but the completed project is expected to provide approximately $250,000 annually in lieu of taxes. Mayor Pro Tem McKeon added this is an example of a good Joint Power Authority (JPA) agreement that protects Huntington Beach taxpayers as compared to the Elon and Breakwater JPAs. A motion was made by Burns, second Van Der Mark to continue a public hearing under the requirements of TEFRA and the Internal Revenue Code in consideration of the issuance of tax-exempt bonds by the California Public Finance Authority (CalPFA) for the benefit of Marisol HB, LLC for the acquisition, construction, expansion, remodeling, renovation, improvement, furnishing, and/or equipping of a rental senior living community facility located generally at 2120 Main St., Huntington Beach, CA, 92648, to be known as The Marisol; and adopt Resolution No. 2025-05, "A Resolution of the City Council of the City of Huntington Beach Approving, Authorizing and Directing Execution of a Joint Exercise of Powers Agreement Relating to the California Public Finance Authority and Approving the Issuance by the California Public Finance Authority of Revenue Bonds in an Aggregate Principal Amount Not to Exceed $325,000,000 to Benefit Marisol HB, LLC and Certain Other Matters Relating Thereto." The motion carried by the following roll call vote: 30 Council/PFA Regular Meeting Minutes February 18, 2025 Page 12 of 15 AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, Strickland, and Williams NOES: None ADMINISTRATIVE ITEMS 20. 25-102 Approved Alternate Plaque Design presented by Councilmember Van Der Mark the Design of a Plaque Celebrating the Huntington Beach Public Library’s 50th Anniversary as Recommended by the Community & Library Services Commission Ashley Wysocki, Community & Library Services Director, presented a PowerPoint communication with slides entitled Huntington Beach Public Library, Plaque Rendering Version 1, Plaque Rendering Version 2, Staff Recommendation, and Questions? Councilmember Van Der Mark presented another plaque version which she stated took into consideration recommendations made by the public. Councilmember Williams clarified his perspective that use of Make America Great Again (MAGA) appears to be a problem for some people only because of who most recently said it, not because of the meaning of the words. He noted for the record that the statement he added, "Through hope & change our nation has built back better to the golden era of Making America Great Again!" is compiled from sentiments expressed by Former Presidents Clinton, Obama, and Biden as well as President Trump. It was noted that the cost of this plaque is privately funded, including the purchase of a security spotlight. A motion was made by McKeon, second Strickland to approve the alternate plaque design submitted by Councilmember Van Der Mark. The motion carried by the following roll call vote: AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, Strickland, and Williams NOES: None 21. 25-110 Approved and Adopted Resolution No. 2025-08 Appointing Chief Assistant City Attorney Michael J. Vigliotta to the Position of City Attorney for the City of Huntington Beach Acting City Manager Travis Hopkins introduced this item by explaining the Huntington Beach Charter, Section 312, states that when there is a vacant position for any elected office, the position shall be filled by the City Council. Mayor Burns, Mayor Pro Tem McKeon, Councilmember Van Der Mark, Councilmembers Twining, Kennedy, Strickland, and Williams each expressed appreciation for the outstanding service provided by Michael Gates during his time of service and congratulated him on his new position with the Department of Justice. They also stated their support for approving Michael Vigliotta as someone with the expertise and background to step into the position. A motion was made by Burns, second McKeon to appoint Chief Assistant City Attorney Michael J. Vigliotta to the position of City Attorney for the City of Huntington Beach; and, approve and adopt Resolution No. 2025-08, "A Resolution of the City Council of the City of Huntington Beach Setting the Salary Rate and Assigning Certain Benefits for the Appointed City Attorney." The motion carried by the following roll call vote: 31 Council/PFA Regular Meeting Minutes February 18, 2025 Page 13 of 15 AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, Strickland, and Williams NOES: None 22. 25-087 Received and Filed this Report of Effect of Proposed Initiative for Citizen Initiative to Repeal Ordinance No. 4318 by Deleting Huntington Beach Municipal Code Chapter 2.66 - Community-Parent Guardian Review Board for Procurement of Children’s Library materials, and Adding Section 2.30.090 - Selection and Use of Library Materials; and Considered Options on How to Proceed Jennifer Carey, Deputy City Manager, presented a PowerPoint communication addressing Agenda Items #22 and #23 with slides entitled Report of Effect on Proposed Initiative, Citizen Initiative, Analysis – General Election, Analysis – Special Election, Election Costs, Recommended Action, Questions? Councilmember Strickland clarified that the intent of his motion is to receive and file this report, then Council will consult with City Attorney staff to determine if they will call for a general or special election, and within 30 days return with a resolution prepared by staff. A motion was made by Strickland, second Van Der Mark to receive and file this Report of Effect of Proposed Initiative for citizen initiative, "To Repeal Ordinance No. 4318 by Deleting Huntington Beach Municipal Code Chapter 2.66 - Community-Parent Guardian Review Board for Procurement of Children's Library materials, and Adding Section 2.30.090 - Selection and Use of Library Materials;" and, have staff return within 30 days with a resolution for an election. The motion carried by the following roll call vote: AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, Strickland, and Williams NOES: None 23. 25-126 Received and Filed this Report of Effect of Proposed Initiative for Citizen Initiative "An Ordinance to Amend the Huntington Beach Municipal Code by Adding New Section 2.30.100, Entitled ’Public Operation of Library Services’;" and Considered Options on How to Proceed Councilmember Strickland clarified the intent of his motion to receive and file this report, then consult with City Attorney staff to determine if they will call for a general or special election. A motion was made by Strickland, second McKeon to receive and file this Report of Effect of Proposed Initiative for citizen initiative, "An Ordinance to Amend the Huntington Beach Municipal Code by Adding New Section 2.30.100, Entitled 'Public Operation of Library Services';" and, staff to return within 30 days with a resolution for an election. The motion carried by the following roll call vote: AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, Strickland, and Williams NOES: None 24. 25-017 Approved and authorized the execution of a License Agreement between the City of Huntington Beach and Flowers of the Sky Entertainment, LLC, for the management and operation of the Symphony of Flowers at Huntington Central Park East located at 18381 Goldenwest Street. 32 Council/PFA Regular Meeting Minutes February 18, 2025 Page 14 of 15 Acting City Manager Travis Hopkins introduced Ashley Wysocki, Director of Community & Library Services, who presented a PowerPoint communication titled Symphony of Flowers, with slides entitled Statement of Issue, Contract Term and Fees, Contract Details — Symphony (2), Contract Details — City, Financial Impact, Environmental Status, Recommended Action, and Questions? Councilmember Strickland stated that when he served as Mayor he received many requests for more cultural events and family entertainment opportunities to increase revenue. He believes this event will produce at least $1M through ticket sales and parking fees, and noted an extensive Environmental Impact Review (EIR) was completed. Mayor Pro Tem McKeon reviewed the fact that recurring expenses exceed recurring revenue, and it is time to resolve this budget issue by analyzing expenses for every department and looking for new sources of income. He reiterated that the Environmental Impact Report (EIR) shows that no nature or wildlife will be disturbed through this proposed event and the contract ensures the park will be maintained, preserved and protected. Mayor Pro Tem McKeon expressed his dismay that a volunteer group that for years has worked collaboratively directly with City staff and Councilmembers to enhance Central Park has chosen to publicly post their questions and concerns even after what appeared to be a very amenable and productive meeting with Councilmembers, City staff and Symphony of Flowers Director. These actions create division rather than respectful and honest dialogue for collaboration and exploration of successful ways to increase revenue. Councilmember Kennedy explained that the City has the right to cancel this event after the first year if expectations are not met and described some of the ways Councilmembers increased benefits for the City while negotiating terms. He stated his support for an event he expects to be beneficial for Huntington Beach and acknowledged that change is sometimes difficult. Councilmember Twining explained his skepticism when this event was initially presented but as he researched reasons for not supporting, sought out his own answers, and saw the changes made that benefit Huntington Beach during the negotiation process, he is now a strong supporter. He noted that the agreement contains a 30-day right of cancellation which can be exercised after the first year. Mayor Burns noted, for the benefit of the public speakers who stated they wanted to read the contract and EIR, that those documents were available on-line as part of the meeting agenda. He also shared his initial opposition to this event. He added that Councilmember Williams should be commended for his negotiation in successfully addressing initial concerns. Councilmember Williams shared he initially had the same concerns that were verbalized by many public speakers at this meeting, but as he directed his concerns to the Event Producer he learned the facts and realized mitigation factors were included to address each concern. He noted that two environment loving biologists, Samanda French and Florence Chen, were boots-on-the-ground on October 25, 2024, to survey approximately 49 acres of the area surrounding the event location to determine the impact on all wildlife and vegetation. He added that on-going inspections will take place just before the event commences, as well as during the event, to ensure no negative impacts exist for bird nests or other wildlife or vegetation. He clarified this event utilizes two percent (2%) of Central Park which leaves 98% open for everyone to enjoy. Councilmember Williams continued by sharing projections for potential City revenue from this event from ticket sales. Parking fees, above and beyond the baseline payment of $50,000, will be used for normal repair of fountains and park irrigation. He added this is a family-friendly event that he expects will 33 Council/PFA Regular Meeting Minutes February 18, 2025 Page 15 of 15 continue for years, and the agreement includes a 30-day cancellation clause after the first season if it does not live up to expectations. Councilmember Van Der Mark shared various details to address resident and Central Park Collaborative volunteer concerns. She noted City Council's focus on finding creative methods to increase revenue without raising taxes to balance the budget. She shared that more public/private partnerships could be pursued if this effort, which has her support, is successful. A motion was made by Strickland, second Burns to approve and authorize the Mayor and City Clerk to execute a License Agreement Between the City of Huntington Beach and Flowers of the Sky Entertainment, LLC, for the management and operation of Symphony of Flowers at Huntington Central Park East; and, approve Addendum to the Final Master Environmental Impact Report (FMEIR) for Master Plan of Recreation Uses for Central Park, City of Huntington Beach, California - Symphony of Flowers Project (Certified 1999 FMEIR 1999) (State Clearinghouse No. 97091007) as adequate and complete in accordance with the California Environmental Quality Act requirements. The motion carried by the following roll call vote: AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, Strickland, and Williams NOES: None ADJOURNMENT — at 9:10 PM a motion by Van Der Mark, with a second by Burns, to adjourn to the next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority on Tuesday, March 4, 2025, 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 34 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-108 MEETING DATE:3/4/2025 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Travis Hopkins, Acting City Manager PREPARED BY:Shannon Levin, Council Policy Analyst Subject: Adopt Resolution No. 2025-18 Approving the 2025 Huntington Beach Legislative Platform Statement of Issue: If adopted, the Huntington Beach Legislative Platform will outline the City’s position on a variety of legislative priorities and guide the City’s support or opposition to local, state, and federal legislation. Financial Impact: There is no fiscal impact. Recommended Action: Adopt Resolution No. 2025-18, “A Resolution of the City Council of the City of Huntington Beach Adopting the City of Huntington Beach Legislative Platform.” Alternative Action(s): Do not approve, and direct staff accordingly. Analysis: The City engages in legislative advocacy at the local, state, and federal levels to protect and promote the interests of its residents and businesses. To facilitate this effort, staff has prepared a legislative platform that outlines the City’s positions on important policy matters and serves as a guide for the City to support or oppose key legislation in a timely manner. The platform may be amended from year to year, based on the City Council’s priorities. The proposed platform was recommended for approval by the Intergovernmental Relations Committee on February 19, 2025, and includes the following priorities: ·Accessory Dwelling Units ·Sober Living Facilities ·Public Safety ·Fiscal Resilience and Economic Development City of Huntington Beach Printed on 2/26/2025Page 1 of 2 powered by Legistar™ 35 File #:25-108 MEETING DATE:3/4/2025 Staff will continually monitor and review legislation on which the City has or may take a position. When an important issue arises that is not directly addressed within the legislative platform, staff can present it to the Intergovernmental Relations Committee and the City Council for a policy position and/or further direction on that specific matter. Correspondence prepared for legislative action will be provided to each City Council Member. Environmental Status: This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Strategic Plan Goal: Goal 2 - Fiscal Stability, Strategy A - Consider new revenue sources and opportunities to support the City's priority initiatives and projects. Goal 5 - Housing, Strategy A - Take action to maintain local control of land-use planning. For details, visit www.huntingtonbeachca.gov/strategicplan. Attachment(s): 1. Resolution No. 2025-18 2. 2025 Legislative Platform City of Huntington Beach Printed on 2/26/2025Page 2 of 2 powered by Legistar™ 36 37 RESOLUTION NO. 2025-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING THE CITY OF HUNTINGTON BEACH LEGISLATIVE PLATFORM WHEREAS, the City Council promotes legislative actions consistent with the goals and functions of the City of Huntington Beach; and WHEREAS, the promotion of legislative actions require separate City Council action to approve individual letters of support or opposition related to specific pieces of legislation; and ' WHEREAS, piece by piece approval can delay important actions necessary to assist in the passage or defeat of legislation; and WHEREAS, the City Council seeks to efficiently pursue legislation that reflects the Legislative Platform and the goals of the City. NOW, THEREFORE, by the City Council of the City of Huntington Beach does hereby resolve as follows: 1. Adopt the Legislative Platform, which is attached hereto as Exhibit A and incorporated herein by this reference; and 2. Authorize the Mayor to make statements and write letters necessary to support legislative actions consistent with the City's adopted Legislative Platform. 3. Authorize the Mayor, if unavailable to sign a City advocacy letter, to designate the Mayor Pro Tempore or the City Manager to sign and issue the letter in the Mayor's absence. 4. All correspondence prepared on the City's behalf will be copied to each City Council member. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 4th day of March 2025. Mayor INITIATED, REVIEWED & APPROVED: APPROVED AS TO FORM: City Manager 1 25-16063/370061 38 EXHIBIT A Guiding Principles The City of Huntingto~ Beach remains committed to upholding the Huntington Beach City Charter, which places a strong emphasis on local control over land use decisions. This commitment safeguards the unique character, quality of life, and identity of our community, whether residential neighborhood or business corridor, are carefully protected. The City recognizes the importance of supporting policies that uphold property rights and preserve property values. By doing so, Huntington Beach will continue to foster a vibrant, thriving community where residents and businesses alike can enjoy stability, safety, and success. The City of Huntington Beach Legislative Platform outlines a clear and efficient process through which the City Council, City Manager, City staff, and legislative advocates can respond to legislative proposals in a timely manner. This approach ensures that the City can remain agile and proactive, addressing legislative, regulatory, administrative, and budgetary issues as they arise throughout the year, all while operating within the established framework of the platform. Furthermore, the City of Huntington Beach's 2023-2027 Strategic Plan was adopted to define the key internal policies and programs that the City prioritizes. The Legislative Platform works in tandem with this plan to help achieve the City's strategic goals such as enhancing the Surf City USA economy, actively shaping public policy-particularly in areas such as local control-and fostering the creation of fun, safe spaces for the community to enjoy. By aligning both the Legislative Platform and Strategic Plan, the City of Huntington Beach ensures that decisions and actions are both forward-thinking and reflective of Huntington Beach's commitment to its residents, businesses, and visitors. Legislative Priorities A. Accessory Dwelling Units In recent years, the California Legislature has enacted several bills that diminish local control over the development of accessory dwelling units (ADUs). These actions raise concerns about the impact on reduced local control, infrastructure strain, community character, and planning flexibility. This increased density within residential neighborhoods leads to overcrowding, impacted parking, and increased crime, thereby reducing public safety. 1. Density: Support legislation that allows the City of Huntington Beach to maintain control over housing and accessory dwellings, especially that which reflects the needs and character of Huntington Beach. 2. Neighborhood Identity and Safety: Support legislation that maintains local characteristic and community identity by securing local control over zoning, maintaining density, and ensuring public safety. 39 EXHIBIT A 3. Property values: Support legislation that retains and enhances property values and oppose legislation that undermines property values or provides property tax deferrals. B. Sober Living Facilities Residential care, or "sober living facilities", can play a critical role for transition into a supportive living environment. However, unregulated residential care facilities often lack proper oversight by the Department of Health Care Services and can create difficult enforcement environs for local jurisdictions, including concerns for community safety. All members of the Huntington Beach community, whether business or resident, should be accountable as good actors, and residential care facilities should not be an exception. Neighbors to these high-profit businesses have no input on placement or establishment of residential care facilities, nor are there regulations requiring these businesses to disclose their presence within residential communities. 1. Oversight and Transparency: Support efforts that provide municipalities with more control over the establishment and placement of unlicensed and State-licensed group homes, including sober living homes, residential care facilities, and transitional and supportive housing uses within the community; Support regulations that require these businesses to disclose their presence within the community. 2. Community Character: Support efforts to address any over-concentration of unlicensed and State-licensed facilities and the common nuisances associated with these facilities which could negatively impact the community's quality of life and property values. 3. Curbing: Support legislation that ensures residents of sober living homes, unlicensed, and State-licensed facilities are not evicted without due process rendering the resident homeless, often referred to as "curbing". C. Public Safety The City seeks to promote practical policy responses that reduce crime and increase response capacity. Legislation can provide the framework to further develop effective programs on safe e-bike use. 1. Non-Sanctuary: Support crime reduction, safeguarding citizens, and collaboration with federal agencies to enhance public safety as a "Non-Sanctuary City" related to illegal immigration and crime prevention. 2. Retail Theft: Support the use of local, state, and federal collaborative prevention and intervention methods to reduce retail theft and retail theft rings. 40 EXHIBIT A 3. E-bikes-Safety & Enforcement: Support legislation that clarifies the safety strategy for riders and passengers, such as speed limits and defined equipment, and enables enforcement action such as impound authority and licensing. 4. Equipment and Infrastructure: Support public safety-related legislation and funding of activities, infrastructure, technology, staffing, training, and equipment needs of police, fire, and lifeguards. 5. Funding: Support legislation that provides funding at the local level to promote crime prevention and public outreach programs. 6. Disaster Preparedness: Support legislation and funding for disaster preparedness and emergency planning as well as measures that provide cities with an increased role in emergency preparedness. 7. Affirmation of Second Amendment: The City opposes government overreach and unconstitutional laws that burden Americans' Second Amendment right to keep and bear arms, such as the abuse of red flag laws which violates the Fifth Amendment's guarantee of due process of law. D. Fiscal Resilience and Economic Development The City of Huntington Beach supports business-friendly legislation and strategies that promote sustainable financial growth. 1. Strengthening Revenue: Advocate for legislation and funding opportunities that strengthen, protect, and expand new and ongoing revenue streams for the City. 2. Public-Private Partnerships: Support additional resources to facilitate public-private partnerships that enhance economic development opportunities. 3. Small Business Support: Champion initiatives aimed at bolstering the City's small business community. 4. Tourism Promotion: Endorse measures that promote and enhance Huntington Beach as a premier tourist destination. Legislative Platform 2025 41 The City of Huntington Beach remains committed to upholding the City Charter, which places a strong emphasis on local control over land use decisions. This commitment safeguards the unique character, quality of life, and identity of our community, whether residential neighborhood or business corridor, are carefully protected. The City recognizes the importance of supporting policies that uphold property rights and preserve property values. By doing so, Huntington Beach will continue to foster a vibrant, thriving community where residents and businesses alike can enjoy stability, safety, and success. The City of Huntington Beach Legislative Platform outlines a clear and efficient process through which the City Council, City Manager, City staff, and legislative advocates can respond to legislative proposals in a timely manner. This approach ensures that the City can remain agile and proactive, addressing legislative, regulatory, administrative, and budgetary issues as they arise throughout the year, all while operating within the established framework of the platform. Furthermore, the City of Huntington Beach's 2023-2027 Strategic Plan was adopted to define the key internal policies and programs that the City prioritizes. The Legislative Platform works in tandem with this plan to help achieve the City’s strategic goals such as enhancing the Surf City USA economy, actively shaping public policy—particularly in areas such as local control—and fostering the creation of fun, safe spaces for the community to enjoy. By aligning both the Legislative Platform and Strategic Plan, the City of Huntington Beach ensures that decisions and actions are both forward-thinking and reflective of Huntington Beach’s commitment to its residents, businesses, and visitors. 2025 LEGISLATIVE PLATFORM GUIDING PRINCIPLES 42 I--8 CITY OF HUNTINGTON BEACH In recent years, the California Legislature has enacted several bills that diminish local control over the development of accessory dwelling units (ADUs). These actions raise concerns about the impact on reduced local control, infrastructure strain, community character, and planning flexibility. This increased density within residential neighborhoods leads to overcrowding, impacted parking, and increased crime, thereby reducing public safety. DENSITY: Support legislation that allows the City of Huntington Beach to maintain control over housing and accessory dwellings, especially that which reflects the needs and character of Huntington Beach. NEIGHBORHOOD IDENTITY AND SAFETY: Support legislation that maintains local characteristic and community identity by securing local control over zoning, maintaining density, and ensuring public safety. PROPERTY VALUES: Support legislation that retains and enhances property values and oppose legislation that undermines property values or provides property tax deferrals. Accessory Dwelling Units A | B | C | Residential care, or “sober living facilities,” can play a critical role for transition into a supportive living environment. However, unregulated residential care facilities often lack proper oversight by the Department of Health Care Services and can create difficult enforcement environs for local jurisdictions, including concerns for community safety. All members of the Huntington Beach community, whether business or resident, should be accountable as good actors, and residential care facilities should not be an exception. Neighbors to these high-profit businesses have no input on placement or establishment of residential care facilities, nor are there regulations requiring these businesses to disclose their presence within residential communities. OVERSIGHT AND TRANSPARENCY: Support efforts that provide municipalities with more control over the establishment and placement of unlicensed and State-licensed group homes, including sober living homes, residential care facilities, and transitional and supportive housing uses within the community; Support regulations that require these businesses to disclose their presence within the community. COMMUNITY CHARACTER: Support efforts to address any over-concentration of unlicensed and State-licensed facilities and the common nuisances associated with these facilities which could negatively impact the community’s quality of life and property values. CURBING: Support legislation that ensures residents of sober living homes, unlicensed, and State-licensed facilities are not evicted without due process rendering the resident homeless, often referred to as “curbing.” Sober Living Facilities A | B | C | LEGISLATIVE PRIORITIES 2025 LEGISLATIVE PLATFORM43 I--8 CITY OF HUNTINGTON BEACH The City seeks to promote practical policy responses that reduce crime and increase response capacity. Legislation can provide the framework to further develop effective programs on safe e-bike use. NON-SANCTUARY: Support crime reduction, safeguarding citizens, and collaboration with federal agencies to enhance public safety as a “Non-Sanctuary City” related to illegal immigration and crime prevention. RETAIL THEFT: Support the use of local, state, and federal collaborative prevention and intervention methods to reduce retail theft and retail theft rings. E-BIKES- SAFETY & ENFORCEMENT: Support legislation that clarifies the safety strategy for riders and passengers, such as speed limits and defined equipment, and enables enforcement action such as impound authority and licensing. EQUIPMENT AND INFRASTRUCTURE: Support public safety-related legislation and funding of activities, infrastructure, technology, staffing, training, and equipment needs of police, fire, and lifeguards. FUNDING: Support legislation that provides funding at the local level to promote crime prevention and public outreach programs. DISASTER PREPAREDNESS: Support legislation and funding for disaster preparedness and emergency planning as well as measures that provide cities with an increased role in emergency preparedness. AFFIRMATION OF SECOND AMENDMENT: The City opposes government overreach and unconstitutional laws that burden Americans’ Second Amendment right to keep and bear arms, such as the abuse of red flag laws which violates the Fifth Amendment’s guarantee of due process of law. Public Safety A | B | C | D | E | F | G | The City of Huntington Beach supports business-friendly legislation and strategies that promote sustainable financial growth. STRENGTHENING REVENUE: Advocate for legislation and funding opportunities that strengthen, protect, and expand new and ongoing revenue streams for the City. PUBLIC-PRIVATE PARTNERSHIPS: Support additional resources to facilitate public-private partnerships that enhance economic development opportunities. SMALL BUSINESS SUPPORT: Champion initiatives aimed at bolstering the City’s small business community. TOURISM PROMOTION: Endorse measures that promote and enhance Huntington Beach as a premier tourist destination. Fiscal Resilience and Economic Development A | B | C | D | 2025 LEGISLATIVE PLATFORM44 I--8 CITY OF HUNTINGTON BEACH City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-165 MEETING DATE:3/4/2025 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Travis Hopkins, Acting City Manager PREPARED BY:Jennifer Carey, Deputy City Manager Subject: Letter of Opposition Regarding South Coast Air Quality Management District (AQMD) Proposed Amended Rules 1111 and 1121 Statement of Issue: The Air Quality Management District (AQMD) has proposed Rules 1111 and 1121 which seek to establish new zero-emission standards for space and water heaters. The implementation of these new standards could lead to increased appliance costs, limited appliance options, and costly appliance repairs. Given that these factors will likely have financial impacts on our City’s residents and businesses, staff recommends submitting a letter of opposition to the South Coast AQMD Governing Board. Financial Impact: The drafting of the proposed letter does not have any fiscal impact. Recommended Action: Direct City Manager to Draft and Send a Letter on Behalf of the City of Huntington Beach to the South Coast Air Quality Management District Governing Board Opposing Proposed Amended Rules 1111 and 1121. Alternative Action(s): Do not approve, and direct staff accordingly. Analysis: The Air Quality Management District (AQMD) has proposed Rules 1111 and 1121 which seek to establish new zero-emission standards for space and water heaters. These new rules would be applicable to both new and existing residential and commercial buildings and would take effect within the next two to five years. Implementation of Rules 1111 and 1121 will likely lead to increased costs and added inconvenience for our residents and business owners. Access to zero-emission appliances is limited, leading to an City of Huntington Beach Printed on 2/26/2025Page 1 of 2 powered by Legistar™ 45 File #:25-165 MEETING DATE:3/4/2025 unnecessary burden in seeking these critically needed appliances and finding qualified contractors to make much needed repairs. The City of Yorba Linda recently submitted a letter of opposition (Attachment 1) citing various similar concerns and also noted the impact on the State’s already limited power grid. 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 Attachment(s): 1. City of Yorba Linda Letter of Opposition - South Coast AQMD Proposed Rules 1111 and 1121 City of Huntington Beach Printed on 2/26/2025Page 2 of 2 powered by Legistar™ 46 February 20, 2025 Hon. Vanessa Delgado, Chair South Coast Air Quality Management District Governing Board 21865 Copley Drive Diamond Bar, CA 91765 Dear Chair Delgado and Governing Board Members, On behalf of Yorba Linda’s residents, business owners, churches, schools, and organizations, the City of Yorba Linda opposes South Coast AQMD’s Proposed Amended Rules 1111 and 1121 and strongly urges you to thoroughly engage with the 17 million stakeholders who would be impacted by such a proposal. Yorba Linda has several significant concerns regarding the impact of these rules. Foremost among them is the issue of affordability and lack of consumer choice when replacing gas furnaces and water heaters with zero-emission appliances. Hot water and heating are essential human needs. When residents’ appliances break down and need replacement, immediate service is paramount. Replacing a gas appliance with an electrical one will require far more intrusive electrical and plumbing upgrades and even physical renovations costing tens of thousands of dollars more – a burden many families and business owners cannot bear. Further, the City shares the Orange County Council of Governments’ concern that the substantial costs of compliance could compel owners of older multifamily properties to sell or redevelop their buildings, potentially leading to a decrease in affordable housing available throughout the region. If our region’s workforce must commute further and further to find affordable housing, any emission reductions from these rules will be offset by substantial increases in vehicle emissions. Equally concerning is that transitioning to all -electric water heaters and furnaces would increase the demand on California's already inconsistent and delicate power grid. Adding millions of new electric water heaters and furnaces would require a substantial amount of power and increase the potential for brownouts or outages. Furthermore, many residents of Yorba Linda (and many others in AQMD’s jurisdiction) have been impacted by Public Safety Power Shutoffs and have lost their electricity for multiple days during critical fire weather conditions; a prime example of why adding more load to the current grid is untenable. The City strongly opposes any efforts to add more load demand until the necessary energy generation and electrical transmission capacity is constructed and in service. 47 CITVofVORBA LINDA OFFICE OF THE CITY COUNCIL 4845 Casa Loma Avenue , Yorba Linda, CA 92886 7 14 -961-7110 I www.yorbalindaca.gov Our City Council shares your commitment to provide clean air and water and other quality of life benefits that draw and retain the residents and business owners who live here. However, the proposed amended Rules 1111 and 1121 will deliver consequences that will lead to a variety of negative impacts, impacting jobs and increasing the cost of living in our region. For these reasons, the City of Yorba Linda opposes Proposed Amended Rules 1111 and 1121, including their current concept as discussed at the 7 th Working Group Meeting on February 13, 2025. We request that the AQMD Governing Board not proceed with these rules, and instead, we urge the Board to initiate a comprehensive fact-finding process that gathers public comments and addresses concerns related to costs, timing, technology, and the availability of potential incentives. Sincerely, Janice Lim Mayor, City of Yorba Linda 48 CITVofVORBA LINDA OFFICE OF THE CITY COUNCIL 4845 Casa Loma Avenue , Yorba Linda, CA 92886 7 14 -961-7110 I www.yorbalindaca.gov City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-121 MEETING DATE:3/4/2025 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Travis Hopkins, Acting City Manager VIA:Jennifer Villasenor, Director of Community Development PREPARED BY:Celeste Coggins, Senior Management Analyst Subject: Approve and authorize execution of Amendment No. 1 to the professional services contract with CSG Consultants, Inc., for inspection services in the amount of $385,000 Statement of Issue: Staff is requesting approval to amend an existing contract between the City of Huntington Beach and CSG Consultants, Inc., for professional building inspection services. The contract would be increased by $385,000 from $95,000 to $480,000. The proposed amendment is to cover additional anticipated inspection costs due to increased demand for inspection services for major projects and ongoing residential construction. Fees for inspection services and associated permits generated from development activity is used to pay for these services. Financial Impact: The CSG Consultants, Inc. amendment will be funded from the approved Community Development Department Fiscal Year 24/25 Professional Services budget (account 10060401.69365). Funding for future year costs will be included in future year budgets. No funds will be expended on these services unless they are approved in the City’s annual budget and no additional funding is required. Recommended Action: Approve and authorize the Mayor and City Clerk to execute “Amendment No. 1 to Professional Services Contract Between the City of Huntington Beach and CSG Consultants, Inc., for Counter Services and Field Inspection of Construction Projects,” to increase the contract amount by $385,000 (Attachment No.1) Alternative Action(s): Do not authorize the amendment and direct staff accordingly. Analysis: The current contract for inspection services is approved for $95,000 over a three-year term, ending City of Huntington Beach Printed on 2/26/2025Page 1 of 2 powered by Legistar™ 49 File #:25-121 MEETING DATE:3/4/2025 July 18, 2027. It is necessary to increase the approved contract amount in order to meet the current and anticipated demand for inspection services. Fees for inspection services and associated permits generated from development activity is used to pay for these services. Development activity remains stable, and the inspection related demand is at its highest level in ten years. This is not forecasted to change in the coming years. The current contract with CSG Consultants, Inc. was awarded in July 2024 following issuance of a Request for Proposal (RFP) and evaluation of the eleven proposals received. CSG Consultants, Inc has provided a highly qualified contract inspector who has proven to be very productive and effective in the field. The current contract award amount has been exhausted as a result of high demand for services, and staff is recommending that an amendment to the initial contract be approved to ensure continuity of inspection services. Of note, the contract inspector offers upwards of 4,000 to 5,000 additional inspections completed in the field. Without a contract inspector, wait times would become longer, and public complaints would become more frequent. In the event that the need for inspectors lessens, the work passed to the contract inspector goes down. Funding for these services is provided through inspection fees collected for these projects. The proposed amendment will be used only if inspection service demand exceeds City staff resources, necessitating the need for supplemental help from the consultant. The proposed amendment increases the contract not-to-exceed amount by $385,000 for the remaining contract period, with no guarantee of work. Funding for any and all of these contract services is only through City Council authorization in the budget approval process. 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 Attachment(s): 1. Amendment No. 1 to Agreement between City of Huntington Beach and CSG Consultants, Inc., for Counter Service and Field Inspection of Construction Projects. 2. Original Professional Service Contract between the City of Huntington Beach and CSG Consultants, Inc., for Counter Service and Field Inspection of Construction Projects. 3. Insurance Certificate for CSG Consultants, Inc. 4. CSG’s Huntington Beach Business License 5. Professional Services Award Analysis 6. PowerPoint Presentation City of Huntington Beach Printed on 2/26/2025Page 2 of 2 powered by Legistar™ 50 51 AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND CSG CONSULTANTS, INC. FOR COUNTER SERVICE AND FIELD INSPECTIONS OF CONTRUCTION PROJECTS THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "City," and CSG CONSULTANTS, INC., hereinafter referred to as "Consultant." WHEREAS, City and Consultant are parties to that ce1iain agreement, dated July 18, 2024, entitled "Professional Services Contract Between the City of Huntington Beach and CSG Consultants, Inc. for Counter Service and Field Inspections of Construction Projects" which agreement shall hereinafter be referred to as the "Original Agreement"; and City and Consultant wish to amend the Original Agreement to increase the amount of compensation to be paid to Consultant, NOW, THEREFORE, it is agreed by City and Consultant as follows: 1. ADDITIONAL COMPENSATION In consideration of the services to be performed under the Original Agreement, City agrees to pay Consultant at the rates specified in Exhibit B which is attached hereto and incorporated by reference into this Agreement. City fmiher agrees to pay Consultant an additional sum not to exceed Three Hundred Eighty Five Thousand Dollars ($385,000.00). The additional sum shall be added to the original sum ofNinety- Five Thousand Dollars ($95,000.00), for a new contract amount not to exceed Four Hundred Eighty Thousand Dollars ($480,000.00). 25-15881/67086 52 2. REAFFIRMATION Except as specifically modified herein , all other terms and conditions for the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on _________ , 2025. CONSULTANT, CSG CONSULT ANTS , INC. By:~~ . ~~'1 I> 0 "4--( print name I ITS: (circle on e) Chairma /Pre s ident Vice Pr es ident By:~· A~D ///purJ1·~-1 A print nam e ITS: (circ le one) Secre tary /C hicfFin ancial Offi ce r/Ass t. Secretary -Treasurer 25-15881 /67086 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor City Clerk INITIATED AND APPROVED: Director of Community Deve lopment REVIEWED AND APPROVED: City Manager APPROVED AS TO FORM: City Attorney f _.L 2 53 2. REAFFIRMATION Except as specifically modified herein, all other terms and conditions for the Original Agreement shall remain in full force and effect. IN WITNE SS WH EREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on _________ , 2025. CONSULTANT, CSG CONSULTANTS, INC. By: ___________ _ print na me ITS: (circle one) C ha irm a n/Pres id ent/V ice Pres ident AND By: ___________ _ pr int nam e ITS: (c ir cl e one) Sec reta ry/C hi e f F inancial Officer/ A ss t. Secre ta ry -Trea surer 25-15881/67086 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor City Clerk INITIATED AND APPROVED: REV IE WED AND APPROVED: City Manager APPRovrjo ~s TO FORM: ~~. City Attorney f .....A-- 2 54 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND CSG CONSULTANTS, INC. FOR COUNTER SERVICE AND FIELD INSPECTIONS OF CONSTRUCTION PROJECTS THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and, CSG CONSULTANTS, INC., a hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to perform counter service and field inspections of construction projects; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULT ANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULT ANT shall provide all services as described in Exhibit II A, 11 which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULT ANT hereby designates Khoa Duong who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 24-14554/338552 1 of 12 55 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULT ANT in the performance of this Agreement. 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSUL TANT are to commence oajtNIL,( fg~ (the "Commencement Date"). This Agreement shall u ..202.L-t automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than two (2) years from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULT ANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSUL TANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed Ninety Five Thousand Dollars ($95,000). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULT ANT will undertake such work only after receiving written authorization from CITY. Additional 24-14554/338552 2 of 12 56 compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSUL TANT shall be paid pursuant to the terms of Exhibit "B." 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSUL TANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS A. CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's ( or CONSULTANT's subcontractors, if any) negligent ( or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULT ANT's counsel. This indemnity shall 24-14554/338552 3 of 12 57 apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULT ANT. B. To the extent that CONSULTANT performs "Design Professional Services" within the meaning of Civil Code Section 2782.8, then the following Hold Harmless provision applies in place of subsection A above: "CONSULT ANT hereby agrees to protect, defend, indemnify and hold harmless CITY and its officers, elected or appointed officials, employees, agents and volunteers, from and against any and all claims, damages, losses, expenses, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) to the extent that the claims against CONSULTANT arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULT ANT. In no event shall the cost to defend charged to CONSULT ANT exceed CONSULTANT's proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more other defendants to the claims and/or litigation is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, CONSUL TANT shall meet and confer with CITY and other defendants regarding unpaid defense costs. The duty to indemnify, including the duty and the cost to defend, is limited as provided in California Civil Code Section 2782.8. C. Regardless of whether subparagraph A or B applies, CITY shall be reimbursed by CONSULTANT for all costs and attorney's fees incurred by CITY in enforcing this obligation. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULTANT. 24-14554/338552 4 of 12 58 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULT ANT' s professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above- mentioned insurance shall not contain a self-insured retention without the express written consent of CITY; however an insurance policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims-made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULT ANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSULT ANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY' s election, to forthwith terminate this Agreement. Such termination shall not 24-14554/338552 5 of 12 59 effect Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSUL TANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULT ANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thiiiy (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premmm. CONSULT ANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULT ANT's defense, hold harmless and indemnification obligations as set fmih in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 24-14554/338552 6 of 12 60 11. INDEPENDENT CONTRACTOR CONSULT ANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULT ANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULT ANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULT ANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULT ANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 24-14554/338552 7 of 12 61 14. COPYRIGHTS/PA TENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. CITY EMPLOYEES AND OFFICIALS CONSULT ANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULT ANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail-return receipt requested: TO CITY: City of Huntington Beach ATTN: Dir. of Community Development 2000 Main Street Huntington Beach, CA 92648 24-14554/338552 8 of 12 TO CONSULTANT: CSG Consultant, Inc. ATTN: Khoa Duong 550 Pilgrim Drive Foster City, CA 94404 62 17. CONSENT When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both paiiies. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all paiis of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act 24-14554/338552 9 of 12 63 contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSUL TANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULT ANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULT ANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSUL TANT. 24-14554/338552 10 of 12 64 24. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing paiiy shall not be entitled to recover its attorney's fees from the nonprevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 28. ENTIRETY The paiiies acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The paiiies also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that paiiy or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, 24-14554/338552 11 of 12 65 promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 29. EFFECTIV E DATE This Agreement shall be effective on the date of its approval by the City Attorney. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and tlu·ough their authorized officers. CONSULTANT, CSG CONSULTANT, INC . By: ,/, b c. '1 ,(' I,(_ i k , "e. "" (2 t:1 u.r print name ITS: (circle one) Chairmai Prc s iden Vic e President AND By:_~__,_ ___ _ print nam e ITS: (circle on cretary/Chief Financial Officer/Asst. Sec retary freas ur er 24-14554/338552 12 of 12 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California City Manager INITIATED AND APPROVED: Director of Community Development APPROVED AS TO FORM: City Attorney Date --------------- RECEIVE AND FILE: City Clerk Date --------------- 66 promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Attorney. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. CONSULTANT, CSG CONSULTANT, INC. By: ______________ _ print name ITS: (circle one) Chairman/PresidentNice President AND By: ____________ _ print name ITS: (circle one) Secretary/Chief Financial Officer/ Asst. Secretary -Treasurer COUNTERPART 24-14554/338552 12 of 12 CITY OF HUNTINGTON BEACH, a municipal cor a 10n o the State of Cali City Manager Attorney 7/q/iLf RECEIVE AND FILE: City ctfi?~ 'UJ~ Date ~//f#/2l/ ____ _,_____.!.._.c.___ _____ _ 67 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) Perform counter services and field inspections of construction projects to ensure that the contractor and homeowner property follow the approved construction plans and standards in accordance with the adopted building costs. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: 1. CSG Consultants, Inc. are to maintain daily inspection reports and all necessary documents on file and available to the City. 2. Contracted consultant will provide vehicle and all costs associated with traveling to job sites as required. C. CITY'S DUTIES AND RESPONSIBILITIES: 1. Shall provide the workplace for all employees in strict compliance with applicable health and working standards and specifications. 2. City shall comply with all safety engineering and governmental health and safety rules, regulations, directives, orders or similar requirements. 3. City shall take all actions necessary to establish and implement an injury and illness prevention program as required by the Occupational Injury Program Act. 4. City shall post and provide employee notices as required by law. 5. City shall notify CSG immediately of all employee illnesses, accidents, injuries and absences. D. WORK PROGRAM/PROJECT SCHEDULE: NIA. EXHIBIT A 68 EXHIBIT "B" Payment Schedule (Hourly Payment) A. Hourly Rate CONSULT ANT'S fees for such services shall be based upon the following hourly rate and cost schedule: Certified Building Inspector I Certified Building Inspector II Certified Building Inspector III CASp Inspection $90.00 $105.00 $115.00 $160.00 $95.00 $110.00 $115.00 Building Inspector Combination Building Inspector Fire Inspector B. Travel. Charges for time during travel are not reimbursable C. Billing 1. All billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. 2. Each month's bill should include a total to date. That total should provide, at a glance, the total fees and costs incurred to date for the project. 3. A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSUL TANT may be required to be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 4. CONSUL TANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULT ANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify 69 CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULT ANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. 70 ~ CSGCONS-01 CSPANGLER2 ACORD " CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYYI ~ 12/19/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rlQhts to the certificate holder In lieu of such endorsement(sl. PRODUCER License# 0C36861 21/lj!,!ICT Alliant Insurance Services, Inc. F"'18,NJo, Ex(J: (415) 946-7500 I FAX 560 Mission St 6th Fl (A/C, Nol: San Francisco, CA 94105 ~;(-l<lJbcc, INSURERISI AFFORDING COVERAGE NAIC# INSURER A: General Casualtv Co of WI lQBEI 24414 INSURED 1NsURER B, North Pointe Insurance Comoanv 27740 CSG Consultants INSURER c: QBE Insurance Coro oration 39217 550 PIigrim Dr INSURER D: Praetorian Insurance Comoanv 37257 Foster City, CA 94404 INSURER E: Pacific Insurance Comoanv Limited 10046 INSURER F: COVERAGES CERTIFICATE NUMBER· REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOT\NITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN , THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS ANO CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS . l,Nt: TYPE OF INSURANCE A X COMMERCIAL GENERAL LIABILITY = D CLAIMS -MADE CR] OCCUR ------------------------ RGEN'L AGGREGATE LIMIT APPLIES PER : POLICY□ ~f8r I]] LOC OTHER: 8 AUTOMOBILE LIABILITY X ANYAUTO -OWNED AUTOS ONLY = ~L'V'J>soNLY -SCHEDULED _ AUTOS _ ~sr~~~ C X UMBRELLA LIAB L!_j OCCUR -EXCESS LIAB ii CLAIMS-MADE DED I XI RETENTIONS 10,000 0 WORKERS COMPENSATION ANO EMPLOYERS' LIABILITY y / N 1~..\lJl~ rw9/J POLICY NUMBER X CGA1414883 161001088 191000608 ANY PROPRIETOR/PARTNER/EXECUTIVE □ N / A QFFICERIMEM8ER EXCLUDED? (Mandatory In NH) 152000753 ~m~rt-IT~ ~nt~PERA TIONS below E Professional Llablll 83 OH 0489503-23 POLICY EFF ,_POLICY EXP LIMITS EACH OCCURRENCE S 1,000,000 12/4/2023 12/4/2024 µRc,;<>A,,."MmwA.,.fl,'E:...,~T .... ? ... F~._,'i.ccu,,,N ... TE,,,,~..,..mca,,__l+-"-S ____ 1,_o_o_o_,o_o-lo 12/4/2023 12/4/2023 12/4/2023 12/4/2023 MEO EXP IAnv one o,rsonl S 10,000 PERSONAL & ADV INJURY S 1,000,000 GENERAL AGGREGATE S 2,000,000 PRODUCTS -COMP/OP AGG S 2,000,000 s 1,000,000 12/4/2024 rB=O=D=IL~Y -"-IN=JU=R~Y~CP~•~r "='•=rso=n"-+l~S ______ -t BODILY INJURY /Per accidenl\ S EACH OCCURRENCE 12/4/2024 AGGREGATE Aggregate s 12/4/2024 E.L. EACH ACCIDENT E.L. DIS EASE • EA EMPLOYEE S E.L. DISEASE -POLICY LIMIT S 12/4/2024 $6,000,000 6,000,000 5,000,000 1,000,000 1,000,000 1,000,000 10,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Addlllonal Remarks Sch edule may be attached tr more space Is required) Re: All operations of the Named Insured. Certholder In full: City of Huntington Beach, Its officers, elected or appointed officials, emploijlsees, e ts and volunteers. 30 Day Notice of Cancellation on Professional per attached . Professional Liability endorse'}\.lj!}~'b'{)~·AS TO FORM CERTIFICATE l-lnLDER I City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 ACORD 26 (2016/03) CANCELLATION Bv: MICHAEL E, GATES CITY J\iTOt=\NEY -·~··· ,.,, ,.,.,.,Ll,.,,'t'/'\1.1 na!,ArU SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS . AUTHORIZED REPRESENTATIVE (~J~~ © 1988-2016 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 71 1) 2) 3) 4) 4 Leaf, Inc. 925-462-5959 Justin Bustos BPR Consulting Group 916-204-3178 Ron Beehler CSG Consultants 714-568-1010 Lynda Smith-Kelly Hayer Consultants Incorporated 562-377-1678 Soni Hayer RFP -Inspection Services Bids Received 2024 5) lnterwest Consulting Group, Inc. 619-372-9962 William Hayes 6) Knowland Inc. 310-961-6978 Steve Pozo 7) RMA Group Kameron Alvarado 310-684-4854 8) The Code Group dba VCA Code 714-787-1590 Julia Lin 9) True North Compliance Services 626-660-6292 Isam Hasenin 10) TRB & Associates 925-566-4144 Paul Armstrong 11) Willdan Engineering 714-219-9888 Stefan Chiose 72 1 , CSGCONS-01 JPERRY3 ACORD " CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDNYYY) ~ 12 /6/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may r equ ire an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(si. PRODUCER License# OC36861 ij~ij!~cT Julia Perry Alliant Insurance Services, Inc. tl)8,NJo, Ext}: (925) 280-4671 I FAX 560 Mission St 6th Fl (AJC, No): San Francisco, CA 94105 ~~ld~ss, Julia.Perry@alliant.com INSURER/SI AFFORDING COVERAGE NAIC # INSURER A: United States Fire In surance Comoanv INSURED INSURER B: Nationwide Affinity Insurance Company of America 26093 CSG Consultants INSURER c: North River Insurance Comoanv 21105 550 Pilgrim Dr INSURER D: United States Fire Insurance Comoanv 21113 Foster City, CA 94404 INSURER E: Pacific Insurance Comoanv. Limited 10046 INSURER F: COVERAGES CERTIFICATE NUMBER · REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQU IREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDIT IONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1~;/} TYPE OF INSURANCE A X COMMERCIAL GENERAL LIABILITY ,__ ~ CLAIMS-MADE [Kl OCCUR ,__ ------------ ,__ ------------ R GEN'L AGGREGATE LIMIT APPLIES PER: POLICY □ ~r8r [Kl LOC OTHER: B AUTOMOBILE LIABILITY X ANYAUTO C -OWNED - _ AUTOSONLY _ _ ~LRTig>s ONLY _ SCHEDULED AUTOS ~8¥oiiiit~ ~ UMBRELLA LIAB I X I OCCUR EXCESS LIAB n CLAIMS-MADE OED IX I RETENTIONS 10,000 D WORKERS COMPENSATION AND EMPLOYERS" LIABILITY Y/N ~_\l,,o.\·,tl/.~_\l POLICY NUMBER X 5432352732 72APB010186 5821248132 ANY PROPRIETOR/PARTNER/EXECUTIVE □ N / A OFFICER/MEMBER EXCLUDED? (Mandatory In NH) 4087479726 II yes, describe under DESCRIPTION OF OPERATIONS below E Professional Liab 83 OH 0489503-24 POLICYEFF 12/4/2024 12/4/2024 12/4/2024 12/4/2024 12/4/2024 POLICY EXP LIMITS EACH OCCURRENCE S 1,000,000 12/4/2025 f-'gLI.,A.,,,~~.,,'bID,G<:,.,i ,,,sT ... 0 ,~ .. R,"'~"',T"""E'"-'D'"=""""-'-l-"s'------3 ~00~,~o~occlo MED EXP /Anv one oersonl S 10,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 PRODUCTS -COMP/OP AGG S 2,000,000 s s 1,000,000 12/4/2025 ,_B=O=D=IL=Y~IN=J=U~R~Y~ IIP=er~oe=•r=so=n'"-41~$'----------< BODILY INJURY /Per accident! $ s EACH OCCURRENCE s 12/4/2025 AGGREGATE s s 12/4/2025 E.L. EACH ACCIDENT s E.L. DISEASE· EA EMPLOYEE $ E.L. DISEASE · POLICY LIMIT S 12/4/2025 Ea Claim/Agg 5,000,000 5,000,000 1,000,000 1,000,000 1,000,000 5,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarl<s Schedule, may be attached If more space Is required) 30-day Notice of Cancellation applies to the Auto Liability policy, form to follow. Re: All operations of the Named Insured. Certholder in full: City of Huntington Beach, its officers, elected or appointed officials, employees, a nts and volunteers. 30 Day Notice of Cancellation on Professional per attached. Professional Liability endorseme11,.s~p~8'zyto AS TO FOR ( Bv: MICHAEL E. GATES CERTIFICATE HOLDER CANCELLATION CITY ATTORNt.Y City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 I ACORD 25 (2016/03) CITY OF HUNTIN01 UN ~t:.AU• SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ~ l~¼ta3/ © 1988-2015 ACORD CORPORATION . All rights reserved . The ACORD name and logo are registered marks of ACORD 73 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND CSG CONSULTANTS, INC. FOR COUNTER SERVICE AND FIELD INSPECTIONS OF CONSTRUCTION PROJECTS THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and, .CSG CONSULTANTS, INC., a hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to perform counter service and field inspections of construction projects; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates Khoa Duong who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 24 -14554/3 385 52 1 of 12 74 2, CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULT ANT are to commence oiJ1,1,!i.tlg~ (the "Commencement Date"). This Agreement shall u -202.1-1 antomatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit 11 A 11 shall be completed no later than two (2) years from the Commencement Date. The time for performance of the tasks identified in Exhibit 11 A 11 are generally to be shown in Exhibit 11 A. 11 This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit 11 B, 11 which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed Ninety Five Thousand Dollars ($95,000), 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit II A 11 or changes in the scope of services described in Exhibit 11 A,11 CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional 24-14554/338552 2 of 12 75 compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT 7. CONSULTANT shall be paid pursuant to the terms of Exhibit "B." DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSUL TANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSUL TANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS A. CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSUL TANT's counsel. This indemnity shall 24-14554/338552 3 of 12 76 apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. B. To the extent that CONSULTANT performs "Design Professional Services" within the meaning of Civil Code Section 2782.8, then the following Hold Harmless provision applies in place of subsection A above: "CONSULT ANT hereby agrees to protect, defend, indemnify and hold harmless CITY and its officers, elected or appointed officials, employees, agents and volunteers, from and against any and all claims, damages, losses, expenses, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) to the extent that the claims against CONSULTANT arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSUL TANT. In no event shall the cost to defend charged to CONSULT ANT exceed CONSULTANT's proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more other defendants to the claims and/or litigation is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, CONSULT ANT shall meet and confer with CITY and other defendants regarding unpaid defense costs. The duty to indemnify, including the duty and the cost to defend, is limited as provided in California Civil Code Section 2782.8. C. Regardless of whether subparagraph A or B applies, CITY shall be reimbursed by CONSULTANT for all costs and attorney's fees incurred by CITY in enforcing this obligation. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULTANT. 24-14554/338552 4 of 12 77 9. PROFESSIONAL LIABILITY INSURANCE CONSULT ANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSUL TANT's professional liability in an amount not less than One Million Dollars ($1,000,000 .00) per occurrence and in the aggregate. The above- mentioned insurance shall not contain a self-insured retention without the express written consent of CITY; however an insurance policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims-made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULT ANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSULT ANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not 24-14554/338552 5 of 12 78 effect Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULT ANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULT ANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premmm. CONSULT ANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULT ANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT sha ll pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 24 -14 554/338552 6 of 12 79 11. INDEPENDENT CONTRACTOR CONSULT ANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULT ANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 24-14554/338552 7 of 12 80 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section I hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULT ANT may designate different addresses to which subsequent notices, ce1tificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail-return receipt requested: TO CITY: City of Huntington Beach ATTN: Dir. of Community Development 2000 Main Street Huntington Beach, CA 92648 24-14554/338552 8 of 12 TO CONSULTANT: CSG Consultant, Inc. ATTN: Khoa Duong 550 Pilgrim Drive Foster City, CA 94404 81 17. CONSENT When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the patties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act 24-14554/338552 9 of 12 82 contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterpaits as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULT ANT understands that pursuant to Huntington Beach City Chal'fer Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 24-14S54/338S52 10 of 12 83 24. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attomey's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be govemed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and wanants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 28. ENTIRETY The patties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that patty or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, 24-14554/338552 11 of 12 84 --- CITY OF HUNTINGTON BEACH BUSINESS LICENSE P.O. Box 190 Huntington Beach, CA 92648-2702 (714) 536-5267 HNY0702A 4000000441 438/1 11111 111 • 111 I 1111 1 I I I I 111 1111 11 I I I I I I I 11 111 11 I 111111 1111 1• 1111111 - CS G CONSULTANTS INC 550 PILGRAM DRIVE FOSTER CITY CA 94404-1212 Dear Business Owner: Sunny Han Chief Financial Officer Thank you for your payment. Attached is your-City .of Huntington Beach Business License certificate. Please note that approximately one month prior to the license expiration date, you will be mailed a renewal notice for the upcoming year. If for any reason your renewal notice does not arrive, you are still responsible for renewing and paying your business license prior to the expiration date. Penalties will be incurred. if the payment is not received by the expiration date. · *[1/1]* Please post the business license in public view. If you do not transact business from a fixed location within the City, you must carry· this license with you at all times. If a vehicle license plate number is displayed on the Business License certificate below, you must carry a copy of the certificate in that vehicle. Please contact the Business License office if there are any changes to: ownership, address, business name, business vehicle, or type of business conducted. Additionally, please notify our office if you discontinue your business. The Gender Tax Repeal Act of 1995 (Act) prohibits a business from discriminating based on a person's gender for prices of similar or like~kind goods and services. However, the Act does not prohibit price differences based on the amount of time, difficulty, or cost of providing the services. In addition to prohibiting discrimination based on a person's gender; the Act requires certain businesses to clearly and conspicuously disclose to customers in writing the pricing for each standard service provided. The posting requirement applies to barbers and hair salons, tailors or businesses providing aftermarket clothing alterations, dry cleaners, and laundries providing services to individuals. To access the Department of Consumer Affairs publication, please use the following webpage: https://www.barbercosmo.ca.gov/consumers/gender_policy.pdf. To access the publication in Korean, Spanish, Vietnamese, Traditional Chinese, Simplified,Chinese, or Tagalog, please use the following webpage: https://www.dca.ca.gov/publications/index.shtml There are many resources available to our business owners. Listed below are a few that might be of interest and assistance to you. Office of Business Development-(714) 536-5582 . Service Corps of Retired Executives -(714) 550-7369 Huntington Beach Chamber of Commerce -(714) 536-8888 Fictitious Business Name Information.-(714) 834-2889 CA Department of Tax and Fee Administration -(949) 440-3473 Community Development -(714) 536-5271 If you have any questions, please call a Business License representative at (714) 536-5267. Business Name / Service Address CS G CONSULTANTS INC Owner/ Corporation CS G CONSULTANTS INC License Type PROFESSIONAL SERVICES City of Huntington Beach Business License POST IN PUBLIC VIEW License Number A239806 Effective Date 6/1/2024 ·. Expiration Date 5/31/2025 Amount Paid $110.80 THIS LICENSE IS ONLY FOR THE BUSINESS AND TYPE SHOWN. IT IS FOR THE PERSON TO WHOM ISSUED AND IS NON-TRANSFERABLE. RENEWAL IS DUE ON OR BEFORE THE EXPIRATION DATE. 85 PROFESSIONAL SERVICE AWARD ANALYSIS SERVICE: Counter Services and Field Inspections of Construction Projects SERVICE DESCRIPTION: To provide counter services and field inspections of construction projects to ensure contractor/homeowner follow approved construction plans and building safety codes. VENDOR: CSG Consultants OVERALL RANKING: 1 SUBJECT MATTER EXPERTS/RATERS: 1. Building Official 2. Building Inspection Manager 3. Deputy Fire Marshal I. MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: 1392.50 Criteria Compliance with RFP Technical Approach Qualifications Education, related background Cost References and Background Total Total Weighted Score 150 350 347.50 125 350 70 II. DUE DILIGENCE REVIEW • Interview Ranking: N/A • Low end: $90lhr • Hi h end: $160/hr Maximum Score 150 375 375 150 375 75 Amendment #1 Professional Service Contract CSG Consultants, Inc Professional Building Inspection Services March 4, 2025 86 -=-= ---------------= ------ ~ -~ Background •The Community Development Department requires a professional service contract for Building Inspection Services to assist with maintaining service levels in the field for Building Inspections. •The City is obligated to facilitate inspections as required by permit issuance.Applicants pay a fee for this service and wait times for inspections are expected to be no more than 2 days,with 3 days being the threshold of when public complaints start. 87 Background (cont.) •On February 12, 2024 - Request for Proposal (RFP) was posted in compliance with Chapter 3.03 of the Huntington Beach Municipal Code. Eleven (11) proposals were received. •The reviewing committee selected CSG Consultants, Inc. as the most qualified consultant based on a scoring system established by Purchasing. •On July 1, 2024, the Community Development Department executed a professional service contract for $95,000. This amount is exhausted and an amendment for $385,000 is requested to continue service through the expiration date of the contract, June 30, 2027. 88 Analysis •On average, the contract inspector completes 4000-5000 inspections per year. The work completed by the contract inspector, helps to keep wait times for scheduled inspections at a minimal level. •The contract inspector is used only when demand deems it necessary. The contract inspector does not have any guarantee of work until work is assigned. •All funding for contract will be approved through the regular budget adoption process. No additional appropriation is requested at this time. 89 •Recommended Action: Approve and authorize the Mayor and City Clerk to execute “Amendment No. 1 to Professional Services Contract between the City of Huntington Beach and CSG Consultants, Inc., for Field Inspection of Construction Projects” an increase from $95,000 to $480,000. •Alternative Action: Do not approve the contract and direct staff accordingly. Building Inspection request times are likely to increase, and services levels will decrease until new contract or solution is approved. Recommendations 90 Questions?Questions? 91 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-079 MEETING DATE:3/4/2025 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Travis Hopkins, Acting City Manager VIA:Chau Vu, Director of Public Works PREPARED BY:Max Olin, Capital Projects Administrator Subject: Accept the lowest responsive and responsible bid and authorize execution of a construction contract with All American Asphalt in the amount of $4,138,097 for the Residential Zone 2 Overlay Maintenance Project, CC-1812 Statement of Issue: On January 7, 2025, bids were publicly opened for the Residential Zone 2 Overlay Maintenance Project. City Council action is requested to award the construction contract to All American Asphalt, the lowest responsive and responsible bidder. Financial Impact: The total cost of the project, including contingency and supplemental expenses, is $4,781,907. Funds for this project are available in the current fiscal year budget in the Infrastructure Fund 31490024.82300 ($1,270,900), Measure M Fund 21390038.82300 ($2,060,400), Gas Tax Account 20790062.82300 ($1,150,607), Water Fund Account 50685206.82300 ($150,000) and Sewer Fund Account 51185104.82300 ($150,000). Recommended Action: A) Accept the lowest responsive and responsible bid submitted by All American Asphalt in the amount of $4,138,097; and, B) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney. Alternative Action(s): Do not approve, and direct staff accordingly. Analysis: This project will rehabilitate the pavement for approximately 110 of the most in need residential street segments in Maintenance Zone 2 which is the second zone of the 12 Maintenance Zone Program. City of Huntington Beach Printed on 2/26/2025Page 1 of 2 powered by Legistar™ 92 File #:25-079 MEETING DATE:3/4/2025 Maintenance Zone 2 is bound by Warner Avenue to the north, Beach Boulevard to the east, Ellis Avenue to the south, and Springdale Street to the west. Work will include limited localized pavement repairs, crack sealing, cold milling, striping, and an asphalt overlay. Bids were publicly opened on January 7, 2025, with the following results: BIDDER'S NAME BID AMOUNT All American Asphalt $4,379,897 Hardy & Harper, Inc.$4,590,000 R.J. Noble Company $4,779,625 Excel Paving $4,983,400 Onyx Paving Company, Inc.$5,150,000 A decrease of the quantities in the bid was necessary to stay within the CIP budget and to keep the overall costs of the project down. All American Asphalt has provided acceptable experience on similar projects in the past. Therefore, staff recommends awarding a contract to All American Asphalt in the amount of $4,138,097. This total includes the construction contract of $4,138,097 plus ten percent (10%) construction contingency of $413,810. In addition, supplemental expenses of $80,000 for inspection and $150,000 for survey monument preservation. The engineer’s estimate for this project was $5,000,000. 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. Attachment(s): 1. Vicinity Map 2. PowerPoint Presentation City of Huntington Beach Printed on 2/26/2025Page 2 of 2 powered by Legistar™ 93 i-'. BOLSA AVE (/) I---+----+--......... --. <( � � � o:r: Mc FADDEN AVE. l---+---+---+---..:,;-1----r-� (.) w . i-'. <C ____ g EDING,----�[� d � o:::z ::::, CD <( 8 oHEIL :r: a...(/) 0::: z --� ---- CD O c., � � WAR ER PROJECT LOCATION MAINTENANCE ZONE 2 INCLUDE REPORTING DISTRICT'S (RD) 178, 179, 188, 189, 198, 199, 271, 272 LEGEND -- MAINTENANCE ZONE 2 BOUNDARY ------ RD BOUNDARY RESIDENTIAL OVERLAY CC-1812 PROJECT LOCATION MAP CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS NTS 1 OF 1 94 -1 ___ I I _J (/) 0 0::: --3::: 0 w U) i-: (/) AVE. i-: (/) AVE. HAMILTON A Zone 2 Residential Overlay Project Zone 2 95 Zon~ I NTS PROJECT LOC AT ION 00"4, MAI NTENANCE ZO NE 2 INCLUDE REPORTING ·,,., DISTRICT'S (RD) 178, 179, 188, 189 , 198, 199, 271, 272 LEG END -MAIN TE NANCE ZONE 2 BOUNDARY ------RD BOUNDARY RESIDEN TIAL OVER LAY ~ L--~C~C~-~1!8~12~P~R~0 7.JE~C~T~LO~C~A~TilOfN±fiM~A.:.:.P ___ 7 ~ CITY OF HUNT INGTON BEAC H DEPAR TMENT OF PUBLIC WORKS 1 OF 1 Residential Zone Maintenance Program Phases Within the Program: • Tree Maintenance • Fall • Concrete Rehabilitation/ADA Ramps • Fall/Winter • Street Paving • Spring/Early Summer • Slurry Seal • Early Summer 96 Zonel/2023-24 • Zone2/202-4-25 _J zone 312025-2B 3 Zone412026-27 • ZoneS/2027-28 _J zone61 2028-29 •Zone7/2029-30 -ZoneB /2030-31 □CityBoorJOary □ Harbor/C hannelstflive.- D Beaches ~ RepOlti-JgDistrictGrid lines -Zone 10 1 2032-33 Varklus()epthSoondngs I Zone 11 12033-34 Maintenance Zone Numbers •200012/2034-35 0 Public Works Maintenance Zones City of Huntington Beach Zone 2 Residential Overlay Project • The Public Works Department has identified 110 residential street segments most in need of repair within Zone 2. • Scope of work includes: • Limited localized pavement repairs • Crack sealing • Cold milling • Asphalt overlay • Striping 97 PROJECT LOCATION lilAJNTEti,t,NCEZONE21NCLUDEREPORTING DISTRICT'S (RO} 178, 17Q, 100, 189, HIS, 199,271,272 LEGEND -w.iNTENANCEZONE200VNC1,1,m' ---··· RO BOUNOAA'I' RESIDENTIAL OVERLAY l-----c-'-c-'-------'18--1.cc2_P--R_O.c...Jc.cEc.cC_T---"-LO-'-C-'-A_T __ l.c..O_N_M_A--P ___ ---l ~ CITY OF HUNTINGTON BEACH ~ DEPARTMENT OF PUBLIC WORKS 1 OF 1 Zone 2 Residential Overlay Project Street Construction 98 Questions? 99 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-154 MEETING DATE:3/4/2025 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Mike Vigliotta, City Attorney VIA:Marissa Sur, Director of Human Resources PREPARED BY:Marissa Sur, Director of Human Resources Subject: Adopt Resolution No. 2025-17 approving a City Manager Employment Agreement Statement of Issue: Following the resignation of City Manager Al Zelinka in November 2023, the City Council appointed Police Chief Eric Parra to the position of Interim City Manager/Police Chief. In November 2024, the Council appointed Travis Hopkins to Acting City Manager. The Council may now consider appointing Travis Hopkins to the City Manager position. Financial Impact: The City Manager’s salary and benefits are allocated in the FY 2024-25 budget. Recommended Action: Adopt Resolution No. 2025-17, “A Resolution of the City Council of the City of Huntington Beach Approving Travis Hopkins as City Manager” and execute the related City Manager Employment Agreement. Alternative Action(s): Continue the item or adopt a resolution and/or employment agreement with modifications. Analysis: Article IV, Section 400, of the City Charter provides that the City Manager is chief administrative officer of the City and serves at the pleasure of the City Council. Assistant City Manager Travis Hopkins has been serving as Acting City Manager since November 9, 2024, during which time the Council has been able to evaluate his performance and consider filling the full-time City Manager position. If appointed by the City Council, California law requires the City Council to adopt a proposed contract with a City Manager at a regular meeting, via resolution. The proposed employment agreement is City of Huntington Beach Printed on 2/26/2025Page 1 of 2 powered by Legistar™ 100 File #:25-154 MEETING DATE:3/4/2025 identified as Exhibit “A” of the proposed resolution (Attachment 1). The following are the salient provisions of the proposed Employment Agreement: Base Salary: $311,750 annual Effective Date: March 15, 2025 Term: Four (4) years Severance: If the City Council chooses to terminate the employment agreement and provides less than 6 months’ notice, then Mr. Hopkins is eligible for 6 months’ base salary and benefits. Employee Benefits: Tied to Non-Associated Resolution No. 2022-09. 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. Attachment(s): 1. Resolution No. 2025-17, “A Resolution of the City Council of the City of Huntington Beach Appointing Travis Hopkins as City Manager”, including Exhibit A- Employment Agreement City of Huntington Beach Printed on 2/26/2025Page 2 of 2 powered by Legistar™ 101 102 RESOLUTION NO . 2025-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPOINTING TRAVIS HOPKINS AS CITY MANAGER WHEREAS, Article II, Section 200 of the City Charter ("Charter") of the City of Huntington Beach provides for a Council-Manager form of government; and Article IV, Sections 400 and 401 of the Charter set forth the selection process as well as the duties and obligations of the City Manager; and The City Council of the City of Huntington Beach has evaluated the performance of Travis Hopkins as Acting City Manager; and The City Council of the City of Huntington Beach desires to appoint Mr. Travis Hopkins to the position of City Manager for the City of Huntington Beach, effective March 15,2025;and Mr. Hopkins desires to provide said services as City Manager to the City under the terms and conditions set forth in the Agreement attached to this Resolution as Exhibit A; and Mr. Hopkins represents that he is willing and qualified to provide such services to the City; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach that it hereby as follows: SECTION 1. The City Council hereby appoints Travis Hopkins as the City Manager of the City of Huntington Beach pursuant to Section 400 of the City Charter. SECTION 2. The effective date of the appointment of Travis Hopkins as the City Manager shall be effective March 15, 2025. SECTION 3. The City Council approves the attached Employment Agreement with Mr. Travis Hopkins shown as Exhibit A to this Resolution. SECTION 4. This Resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions - 25-16063/3 70061 103 Resolution No. 2025-17 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at the City Council's regular meeting held on March 4, 2025 . Mayor INITIATED AND APPROVED AS TO FO~ Lh~- City Attorney 19-7765/208197 2 104 EMPLOYMENT AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND TRAVIS HOPKINS FOR THE OFFICE OF CITY MANAGER Following the City Council's adoption of Resolution 2025-17, this AGREEMENT is made and entered into this _ day of March 2025, by and between the CITY OF HUNTINGTON BEACH, a California Municipal Corporation, hereinafter referred to as "CITY," and Travis Hopkins, hereinafter referred to as "HOPKINS." CITY and HOPKINS may be collectively referred to as "Parties." RECITALS WHEREAS, the City Council has selected a candidate for the City Manager position based on the duties and qualifications set forth in the City Charter of the City of Huntington Beach; and WHEREAS, per City Charter Section 400 (c), the candidate selected was chosen on the basis of his executive and administrative qualifications, including his actual experience in and knowledge of accepted practice as regards the duties of the office of City Manager; and WHEREAS, the City Council desires to retain the services of HOPKINS as City Manager for the City of Huntington Beach; and WHEREAS, the City Council desires to provide certain benefits, establish certain conditions of employment, and to establish working conditions for HOPKINS; and WHEREAS, HOPKINS desires to provide said services as City Manager to the CITY under the terms and conditions hereinafter set forth; and WHEREAS, HOPKINS represents that he is willing and qualified to provide such services to the CITY; THEREFORE, in consideration of the mutual covenants and promises hereinafter contained and made subject to all of the terms and conditions hereof, the Parties hereto do hereby agree as follows: 1 25-16051/370303 105 SECTION 1. DUTIES. (a) The CITY hereby agrees to retain the services of HOPKINS as City Manager to perform the proper administration of all affairs of the CITY, including the functions and duties specified in Section 401 of Article IV of the Huntington Beach City Charter, as of the date of this AGREEMENT and as may be amended in the future, and to perform other legally permissible and proper duties and functions as designated by the City Council from time to time. (b) HOPKINS shall prepare and implement an annual plan of Organizational Goals and Objectives which may be incorporated into an annual evaluation tool to assess performance. (c) HOPKINS may exercise only those powers expressly granted to him as City Manager through the Huntington Beach City Charter, the Huntington Beach Municipal Code , this AGREEMENT, any Resolution, or any minute action of the City Council. ( d) HOPKINS will conscientiously and loyally perform all of the duties, expressed or implied, required of him by the terms of this AGREEMENT, the Huntington Beach City Charter, the Huntington Beach Municipal Code, and the duties that may be delegated to him by the City Council. (e) HOPKINS understands and agrees that he shall: 1. Devote his time , ability, and attention to matters of CITY and the City Council of not less than the regular business hours of the CITY. 11. Perform his duties within the budget adopted by the City Council. SECTION 2. TERMS OF AGREEMENT (a) HOPKINS agrees to remain in the exclusive employment of the CITY and not to become otherwise employed while this AGREEMENT is in effect. HOPKINS agrees that any other employment engaged in by him shall not interfere with the performance of his duties under this AGREEMENT. The term "employment" (and derivations of that term) shall include employment by another legal entity or self-employment. However, the term shall not be construed 2 25-16051/370303 106 to include occasional teaching, writing, or military reserve service performed on HOPKINS' time off, and with advance approval of the City Council. (b) CITY hereby appoints and retains HOPKINS to serve as City Manager for the City of Huntington Beach and HOPKINS hereby accepts such appointment beginning on March 15, 2025, and continuing for four (4) years, commencing on March 15, 2025, and ending on March 14, 2029, unless extended or terminated as provided herein. (c) This AGREEMENT in its entirety may be renegotiated at any time so long as CITY and HOPKINS desire and mutually agree to such terms in writing. ( d) The City Council shall conduct a performance evaluation of HOPKINS not less than twelve (12) months after commencement of HOPKINS' term of employment, and annually thereafter by no later than March 15 of each year during the Term of this AGREEMENT. The annual performance evaluation shall include goals set forth by the City Council. HOPKINS acknowledges and accepts that the City Council may schedule a meeting to discuss the performance of the City Manager at any time in accordance with the Brown Act. As a result of the performance evaluation at City Council's sole discretion, in part, the City Council may provide a salary increase and/or performance bonus, or take other action. SECTION 3. TERMINATION (a) This AGREEMENT may be terminated by the City Council with or without Cause as provided herein After giving notice to HOPKINS that this AGREEMENT is terminated for Cause, the CITY shall have no obligation to continue the employment of HOPKINS or to provide compensation or benefits, including severance. For purposes of termination, "Cause" is defined as willful breach of duty by HOPKINS in the course of employment or habitual neglect of duty by HOPKINS in the course of employment or continued Incapacity of HOPKINS to perform the duties of employment as City Manager. In addition, Cause is defined only as: 3 25-16051/370303 107 1. HOPKINS entering a guilty plea or plea of nolo contendre to, or being convicted of, an offense which is a felony or crime of moral turpitude in the State of California. 11. HOPKINS' willful misconduct or gross negligence. 111. HOPKINS' act of material dishonesty with or theft from the CITY. iv. HOPKINS is determined by a court of competent jurisdiction or the State of California's Fair Political Practices Commission (FPPC) to have knowingly and unlawfully participated in a governmental decision in which he had a conflict of interest as defined in Government Code Section 87100 et seq. or Government Code Section 1090 et seq. v. Failure to follow a lawful directive of the City Council after written notice of said failure is provided to HOPKINS approved by four (4) or more affirmative votes of the Council's seven (7) members. v1. Continued abuse of drugs or alcohol that materially affects the performance of HOPKINS' duties. v11. Repeated and unexcused absences from the City Manager's Office and duties. (b) This AGREEMENT may be terminated by the City Council Without Cause at any time. Should the City Council choose to terminate this agreement with HOPKINS with less than 6 months' notice, the City shall compensate HOPKINS with 6 months' salary and benefits. HOPKINS shall also be entitled to payout of any unused accrued general leave, but no payout for accrued executive leave. ( c) In the event the AGREEMENT is terminated by the City Council Without Cause, HOPKINS shall have the option to receive severance pay in either a lump sum or may continue to be paid on the normal payroll schedule until all severance pay has been provided . (d) HOPKINS may voluntarily terminate this AGREEMENT any time upon sixty (60) days' written notice to the City Council and shall not be entitled to any severance pay or benefits 4 25-16051/370303 108 upon such voluntary termination. City Council may accept HOPKINS' resignation immediately, in which case HOPKINS will be compensated salary and benefits during the sixty (60) day period. ( e) In the event HOPKINS is unable to perform the duties and functions consistent with the Office of the City Manager due to serious illness, injmy, impairment, or physical or mental condition for a period of three consecutive months, beyond HOPKINS' full use of any provided or earned leave, HOPKINS may be terminated due to Incapacity. Upon termination due to Incapacity, HOPKINS shall be entitled to six months' salary minus any disability insurance proceeds received by HOPKINS. (f) No action by the City Council to terminate HOPKINS, other than for Cause, will be made within ninety (90) calendar days either before a City general municipal election or ninety (90) calendar days immediately following certification of a City general municipal election. (g) With the exception set forth in Subsection (f) above, nothing in this AGREEMENT shall prevent, limit, or otherwise interfere with the right of the City Council to terminate the services of HOPKINS at any time, at the sole discretion of the City Council, in accordance with the Huntington Beach City Charter, as the same may be amended from time to time, and in accord with the provisions contained herein. (h) Communications in the Event of Termination. In the event the CITY terminates HOPKINS for any reason or no reason, the CITY and HOPKINS agree that no member of the City Council or CITY employees acting on behalf of the CITY shall make any written, oral, or electronic statement to any member of the public, the press, or any CITY employee concerning HOPKINS' termination except in the form of a joint statement, which is mutually agreeable to the CITY and HOPKINS. The joint statement shall not contain any text or statement that is disparaging to either Party. Either Party may verbally repeat the substance of the joint statement in response to any inquiry. 5 25-16051 /370303 109 SECTION 4. COMPENSATION HOPKINS shall receive, a base salary for his performance of the duties of City Manager, the sum of $311,750 per year, effective the first day of the pay period following approval of this agreement, and payable in installment payments in the same manner and same times as the salaries of other members of the CITY's Executive Management are paid. SECTION 5. EMPLOYEE BENEFITS. (a) Except as otherwise provided herein, HOPKINS shall be granted the same package of benefits as is being provided to CITY's Executive Management employees, as outlined in the Non-Associated Resolution, on the effective date of this AGREEMENT. All future changes to the package of benefits provided to CITY's Executive Management employees shall apply to the level of benefits for HOPKINS unless the Parties otherwise agree. All such benefits, and the benefits described hereunder shall be deemed "fringe benefits" herein. This includes the CITY's continued participation and contributions of CITY obligations to the Public Employees Retirement System (PERS), group health, dental, and related insurance programs (family coverage) in accordance with the PERS contract with CITY. HOPKINS shall maintain enrollment in the CalPERS 2.5% at 55 retirement plan, and HOPKINS shall pay the employee contribution percentage provided for in the current salary resolution, as same may be amended from time to time in the future . At the date of this AGREEMENT, the HOPKINS' contribution percentage is eight percent (8%) of salary. (b) Auto Allowance. In lieu of mileage reimbursement, CITY agrees to provide HOPKINS with an automobile allowance of $230 .77 bi-weekly; this allowance will continue to follow and be updated according to agreed-upon Non-Associated Resolution modifications for appointed positions. HOPKINS will primarily use HOPKINS' personal auto for CITY business and will use CITY vehicles on an exception basis only. This provision does not in any way restrict HOPKINS' use of his personal automobile for personal use. 6 25-16051/370303 110 (c) Leave. 1. General Leave. HOPKINS shall accrue General Leave starting at the rate of a 15+ year employee of the CITY (as of the date of this AGREEMENT, this amount is 256 hours per year). 11. Executive Leave. HOPKINS shall be credited with an Executive Leave bank of one hundred (100) hours upon appointment. HOPKINS shall be credited with one hundred (100) hours Executive Leave per year automatically. Executive Leave is not intended to create a cash benefit. HOPKINS shall not take Executive Leave as cash/cash out at any time. m. Other Leave Benefits . HOPKINS shall also be entitled to holidays, Leave Without Pay, and Bereavement Leave on the. same basis as Executive Management employees of CITY are receiving. Any future change to the holiday or leave benefits provided to CITY's Executive Management employees shall apply to the level of holiday or leave benefits for HOPKINS unless the Parties otherwise agree. ( d) CITY shall bear the full cost of any fidelity or other bonds required of HOPKINS relating to his service as City Manager under any law or ordinance. SECTION 6. PROFESSIONAL LICENCES, MEMBERSHIPS AND SUBSCRIPTIONS (a) CITY agrees to budget and pay license fees, professional dues and subscriptions on behalf of HOPKINS which are reasonably necessary for HOPKINS' continued participation in national, regional, state, or local associations and organizations necessary and desirable for HOPKINS' continued professional participation, growth, and advancement or for the good of CITY including the International City/County Management Association (ICMA), the California City Management Foundation (CCMF), and State of California Civil Engineering License renewals. Furthermore, CITY shall budget and pay for the professional dues and subscriptions to such additional organizations as approved by the City Council. 7 25-16051/370303 111 (b) CITY agrees to budget and pay the travel and subsistence expenses of HOPKJNS for official travel, meetings, and occasions reasonably adequate to continue the professional development of HOPKINS and reasonably pursued necessary official and other functions for CITY, such as the annual conference of the International City/County Management Association (ICMA), and other such national, regional, state, and local government groups and committees of which HOPKINS serves as a member, as approved by City Council. (c) HOPKINS shall be subject to the CITY 's Travel and Meeting Reimbursement Policy. SECTION 7. FINANCIAL DISCLOSURE (a) HOPKINS shall report to the CITY any ownership interest in real property within the County of Orange, excluding HOPKINS' personal residence. Also, HOPKINS shall repo1t to the CITY any financial interest greater than Ten Thousand Dollars ($10,000.00) in value in a firm doing work for the CITY or from which the CITY intends to make a purchase. Such rep01ting shall be made in writing by HOPKINS to the CITY within ten (10) calendar days of the execution of this AGREEMENT and, further, within ten (10) calendar days of the acquisition of that interest in real property; Additionally, HOPKINS shall rep01t in writing to the CITY any financial interest greater than Ten Thousand Dollars ($10,000.00) in value in a firm doing work with the CITY or from whom the CITY intends to make a purchase immediately upon notice of the intended work or purchase. (b) HOPKINS shall complete and file all required Fair Political Practices Commission (FPPC) forms, including Form 700 Statement of Economic Interests. SECTION 8. INDEMNIFICATION Subject to the provisions of this AGREEMENT, CITY shall defend, save harmless, and indemnify HOPKINS against any claim for negligent tort or omissions, professional liability claim or demand, or other legal action, whether groundless or otherwise, arising out of an alleged negligent act or omission occurring in the performance of his duties as City Manager in accordance 8 25-16051/370303 112 with the provisions of California Government Code Section 825. Said indemnification shall extend beyond termination of employment to provide full and complete protection to HOPKINS by CITY for any acts undertaken or committed in his capacity as City Manager, regardless of whether the notice of filing of a lawsuit for such tort, claim, demand, or other legal action occurs during or following employment with CITY. SECTION 9. CONFIDENTIALITY HOPKINS acknowledges that in the course of his employment with the CITY, HOPKINS will be given access to or will have access to confidential and proprietary documents and information relating to the CITY, its residents, businesses, employees, and customers ("Confidential Information"). Such Confidential Information may include, but is not limited to, all information given to or otherwise accessible to HOPKINS that is not public information or would be exempt from public disclosure as confidential, protected, exempt, or privileged information. HOPKINS shall hold all Confidential Information in trust for the CITY's benefit and shall not disclose the Confidential Information to others without the expressed written consent of the CITY. All Confidential Information shall be promptly returned to the CITY immediately upon the effective date of any termination or resignation. SECTION 10. NOTICES Any notices to be given hereunder by either Party to the other shall be in writing and may be transmitted by personal delive1y or by mail, postage prepaid. Mailed notices shall be addressed to the Parties as follows: If sent by HOPKINS to CITY: City of Huntington Beach Human Resources Department 2000 Main Street Huntington Beach, California 92648 If sent to HOPKINS by CITY: To HOPKINS' address on file with the Human Resources Department 9 25-16051/370303 113 Notices delivered personally shall be deemed communicated as of the date of actual receipt; mailed notices shall be deemed communicated as of the date of postmark. SECTION 11. ATTORNEY'S FEES In the event any legal proceeding is instituted to enforce any term or provision of the AGREEMENT, the prevailing Party in said legal proceeding shall not be entitled to recover attorney's fees and costs from the opposing Party. SECTION 12. REIMBURSEMENT TO CITY REQUIRED Notwithstanding the foregoing, the following provisions requiring reimbursement for certain compensation and/or indemnification provided to HOPKINS by the CITY apply: (a) Paid Leave. Pursuant to Government Code section 53243, in the event that HOPKINS is convicted of a crime involving the abuse of his office or position, as defined by Government Code section 53243.4, with the CITY, any paid leave or salaiy provided by the CITY for the time period in which the HOPKINS is under investigation for such crimes shall be fully reimbursed by HOPKINS to the CITY. (b) Legal Defense. The City will not pay for any legal defense for allegations that HOPKINS committed a crime. However, pursuant to Government Code section 53243.1, in the event that HOPKINS is convicted of a crime involving abuse of his office or position, as defined by Government Code section 53243.4, HOPKINS shall fully reimburse the CITY for any costs provided at CITY expense. (c) Severance. Pursuant to Government Code section 53243.2, in the event that HOPKINS is convicted of a crime involving abuse of his office or position, as defined by Government Code section 53243.4, HOPKINS shall fully reimburse the CITY for any cash settlement, including but not limited to severance pay, paid to HOPKINS related to his termination under this AGREEMENT. 25-16051/370303 114 SECTION 13. ENTIRE AGREEMENT This AGREEMENT supersedes any and all other agreements whether oral or written, between the Parties hereto with respect to the subject matter hereof and contains all of the covenants and agreements between the Parties with respect to said matter, and each Party to this · AGREEMENT acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any Party, or anyone acting on behalf of any Paiiy, which are not embodied herein, and that any other agreement or modification of this AGREEMENT shall be effective only if executed in writing and signed by both CITY and HOPKINS. SECTION 14. VALIDITY The validity in whole or in part of any provision of this AGREEMENT shall not void or affect the validity of any of the other provisions of this AGREEMENT. SECTION 15. AGREEMENT VOLUNTARY AND KNOWING HOPKINS agrees and acknowledges that he has had an opportunity to consult legal counsel in regard to this AGREEMENT, that he has read and understands this AGREEMENT, that he is fully aware of its legal effect, and that he has entered into it freely and voluntarily and based on his own judgment and not on any representation or promises other than those contained in this AGREEMENT. HOPKINS agrees that this AGREEMENT should be interpreted as if mutually prepared and without the same being construed for or against any Party. SECTION 16. GOVERNING LAW This AGREEMENT shall be governed by and construed in accordance with the laws of the State of California. SECTION 17. EFFECT OF WAIVER The failure of either Party to insist on strict compliance with any of the terms, covenants, or conditions of this AGREEMENT by the other Party shall not be deemed a waiver of that term, covenant, or condition, nor shall any waiver or relinquishment of any right or power at any one 11 25-16051 /370303 115 time or times be deemed a waiver or relinquishment of that right or power for all or any other times. IN WITNESS WHEREOF, the CITY has caused this AGREEMENT to be signed and executed on its behalf by its City Council, and HOPKINS has signed and executed this AGREEMENT, both in duplicate, the day and year first above written. CITY MANAGER: CITY OF HUNTINGTON BEACH: Travis Hopkins Mayor Pat Burns APPROVED AS TO FORM: 12 25-16051/370303 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-153 MEETING DATE:3/4/2025 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Travis Hopkins, Acting City Manager PREPARED BY:Jennifer Carey, Deputy City Manager Subject: Consider Options on How to Proceed for Citizen Initiative to Repeal Ordinance No. 4318 by Deleting Huntington Beach Municipal Code Chapter 2.66 - Community-Parent Guardian Review Board for Procurement of Children’s Library materials, and Adding Section 2.30.090 - Selection and Use of Library Materials Statement of Issue: On January 21, 2025, the City Council adopted Resolution No. 2025-04 accepting the Certificate as to Verification of Signatures from the Orange County Registrar of Voters for a citizen initiative , “To Repeal Ordinance No. 4318 by Deleting Huntington Beach Municipal Code Chapter 2.66 - Community-Parent Guardian Review Board for Procurement of Children’s Library materials, and Adding Section 2.30.090 - Selection and Use of Library Materials.” Additionally, the City Council ordered a “Report of Effect of Proposed Initiative” for the citizen initiative to return for the City Council’s review within 30 days. On February 18, 2025, staff returned to City Council providing the “Report of Effect of Proposed Initiative” and is now returning to seek direction from the City Council on how to proceed. Financial Impact: Based upon the City Council’s recommendation, the estimated cost to submit this initiative to voters will range from approximately $340,515 to $1,315,402. This cost will be in addition to the amount already due to the Registrar of Voters to conduct the certified verification of signatures contained in the petition in the amount of approximately $55,000. Recommended Action: A) Adopt Resolution No. 2025-09, “A Resolution of the City Council of the City of Huntington Beach Calling for and Ordering the Holding of a General Election on Tuesday, November 3, 2026, for Submission to Voters an Initiative Ordinance to Amend the Huntington Beach Municipal Code by Deleting Chapter 2.66 Thereof Entitled ‘Community Parent Guardian Review Board for Procurement of Children’s Library Materials’ and Adding Section 2.03.090 Thereto Entitled ‘Selection and Use of Library Materials;’” OR, City of Huntington Beach Printed on 2/26/2025Page 1 of 3 powered by Legistar™ 116 File #:25-153 MEETING DATE:3/4/2025 B) Call for a special election to be held not less than 88 days, nor more than 103 days after the order of the election, and: 1. Adopt Resolution No. 2025-20, “A Resolution of the City Council of the City of Huntington Beach Calling for and Ordering the Holding of a Special Election on Tuesday, ________, 2025, for Submission to the Voters an Initiative Ordinance to Amend the Huntington Beach Municipal Code by Deleting Chapter 2.66 Thereof Entitled ‘Community Parent Guardian Review Board for Procurement of Children’s Library Materials’ and Adding Section 2.03.090 Thereto Entitled ‘Selection and Use of Library Materials;’” and, 2. Adopt Resolution No. 2025-21, “A Resolution of the City Council of the City of Huntington Beach Requesting the Board of Supervisors of the County of Orange to Render Specified Services to the City Relating to the Conduct of a Special Election to be Held on Tuesday, ________, 2025;” and, 3. Adopt Resolution No. 2025-22, “A Resolution of the City Council of the City of Huntington Beach Setting Priorities for Filing a Written Argument(s) Regarding a City Measure and Directing the City Attorney to Prepare an Impartial Analysis.”; and, 4. Adopt Resolution No. 2025-12, “A Resolution of the City Council of the City of Huntington Beach Providing for the Filing of Rebuttal Arguments for City Measures Submitted at Municipal Elections” Alternative Action(s): Do not approve, and direct staff accordingly. Analysis: On January 21, 2025, the City Council adopted Resolution No. 2025-04 accepting the Certificate as to Verification of Signatures from the Orange County Registrar of Voters for a citizen initiative , ”To Repeal Ordinance No. 4318 by Deleting Huntington Beach Municipal Code Chapter 2.66 - Community-Parent Guardian Review Board for Procurement of Children’s Library materials, and Adding Section 2.30.090 - Selection and Use of Library Materials.” Additionally, the City Council ordered a “Report of Effect of Proposed Initiative” for the citizen initiative to return for the City Council’s review within 30 days. On February 18, 2025, staff returned to City Council providing the “Report of Effect of Proposed Initiative” and is now returning to seek direction from the City Council on how to proceed. Cost of the Election: Should the City Council decide to hold a special election for this initiative, the estimated cost would range from $1,190,478 to $1,315,405. The next General Election would be November 3, 2026. Should the City Council elect to submit for this date, the cost would range from $340,515 to $399,499. If the City Council decides to include the second citizen initiative (“An Ordinance to Amend the Huntington Beach Municipal Code by Adding New Section 2.30.100, Entitled “Public Operation of Library Services”), an additional cost of approximately $8,500 would be incurred for both scenarios. The above referenced costs are in addition to the amount for the verification of signatures totaling City of Huntington Beach Printed on 2/26/2025Page 2 of 3 powered by Legistar™ 117 File #:25-153 MEETING DATE:3/4/2025 approximately $55,000. Should the initiative pass, the cost for implementation and long-term operations would be minimal. 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 Attachment(s): 1. Resolution No. 2025-09, “A Resolution of the City Council of the City of Huntington Beach Calling for and Ordering the Holding of a General Election on Tuesday, November 3, 2026, for Submission to Voters an Initiative Ordinance to Amend the Huntington Beach Municipal Code by Deleting Chapter 2.66 Thereof Entitled ‘Community Parent Guardian Review Board for Procurement of Children’s Library Materials’ and Adding Section 2.03.090 Thereto Entitled ‘Selection and Use of Library Materials’” 2. Resolution No. 2025-20, “A Resolution of the City Council of the City of Huntington Beach Calling for and Ordering the Holding of a Special Election on Tuesday, ________, 2025, for Submission to the Voters an Initiative Ordinance to Amend the Huntington Beach Municipal Code by Deleting Chapter 2.66 Thereof Entitled ‘Community Parent Guardian Review Board for Procurement of Children’s Library Materials’ and Adding Section 2.03.090 Thereto Entitled ‘Selection and Use of Library Materials’” 3. Resolution No. 2025-21, “A Resolution of the City Council of the City of Huntington Beach Requesting the Board of Supervisors of the County of Orange to Render Specified Services to the City Relating to the Conduct of a Special Election to be Held on Tuesday, _________, 2025” 4. Resolution No. 2025-22, “A Resolution of the City Council of the City of Huntington Beach Setting Priorities for Filing a Written Argument(s) Regarding a City Measure and Directing the City Attorney to Prepare an Impartial Analysis” 5. Resolution No. 2025-12, “A Resolution of the City Council of the City of Huntington Beach Providing for the Filing of Rebuttal Arguments for City Measures Submitted at Municipal Elections” City of Huntington Beach Printed on 2/26/2025Page 3 of 3 powered by Legistar™ 118 119 RESOLUTION NO. 2025-09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH CALLING FOR AND ORDERING THE HOLDING OF A GENERAL ELECTION ON TUESDAY, NOVEMBER 3, 2026, FOR SUBMISSION TO VOTERS AN INITIATIVE ORDINANCE TO AMEND THE HUNTINGTON BEACH MUNICIPAL CODE BY DELETING CHAPTER 2.66 THEREOF ENTITLED 'COMMUNITY PARENT GUARDIAN REVIEW BOARD FOR PROCUREMENT OF CHILDREN'S LIBRARY MATERIALS' AND ADDING SECTION 2.03.090 THERETO ENTITLED 'SELECTION AND USE OF LIBRARY MATERIALS WHEREAS, pursuant to authority provided by statute, a petition has been filed with the legislative body of the City of Huntington Beach, California, signed by more than 10 percent of the number of registered voters of the city to submit a proposed ordinance relating to selection and use of library materials; and WHEREAS, the Orange County Registrar of Voters examined the records of registration and ascertained that the petition is signed by the requisite number of voters, and has so certified; and WHEREAS, the City Council has not voted in favor of the adoption of the ordinance; and WHEREAS, the City Council is authorized and directed by statute to submit the proposed ordinance to the voters, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to the requirements of the laws of the State of California relating to charter cities, there is called and ordered to be held in the City of Huntington Beach, California, on Tuesday, November 3, 2026, a General Municipal Election for the purpose of submitting the following proposed ordinance: Shall the Ordinance to Amend the Huntington Beach YES Municipal Code by Deleting Chapter 2.66 Thereof Entitled 'Community Parent Guardian Review Board for Procurement of Children's Library Materials' and Adding Section 2.30.090 Thereto Entitled 'Selection NO and Use of Library Materials' be adopted? SECTION 2. That the text of the ordinance submitted to the voters is attached hereto as Exhibit A. 120 RESOLUTION NO. 2025-09 SECTION 3. That the vote requirement for the measure to pass is a majority (50%+1) of the votes cast. SECTION 4. That the ballots to be used at the election shall be in form and content as required by law. SECTION 5. That the vote centers shall be open at seven o'clock a.m. of the day of the election and shall remain open continuously from that time until 8:00 o'clock p.m. of the same day when the vote centers shall be closed, pursuant to Elections Code § 10242, except as otherwise provided in the Elections Code of the State of California. SECTION 6. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. SECTION 7. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. SECTION 8. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. PASSED, APPROVED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on _______ , 2025. Mayor ATTEST: APP~ V~D AS ~O FORM: \ Jv~ \·L~--·v=- City Clerk City-1\ttorney f ..A. 2 24-15693 I 363031 121 The People of the City of Huntington Beach do hereby ordain as follows: SECTION 1: Chapter 2.66 of Title 2 of the Huntington Beach Municipal Code is stricken. SECTION 2. A new Section 2.30.090 of Title 2 of the Huntington Beach Municipal Code is added to read as follows: 2.30.900. Selection and Use of Library Materials Director and Library Services shall establish policies for the selection and use of library materials, provided that such policies adopt the following requirements: A. The Library serves as a center for voluntary inquiry and the dissemination of information and ideas . B. Library materials shall not be excluded from the library collection because of the origin, background, or views of those contributing to the creation of the materials,or because of the topic addressed by the materials or the views expressed in the materials. C. Library materials should be provided for the interest, information, and enlightenment of all people, and should present diverse points of view in thecollection as a whole. D. The public has the right to receive access to a range of social; political, aesthetic, moral, and other ideas and experiences. 24-15693 I 366039 122 RESOLUTION NO. 2025-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH CALLING FOR AND ORDERING THE HOLDING OF A SPECIAL ELECTION ON TUESDAY, _____ ., 2025, FOR SUBMISSION TO VOTERS AN INITIATIVE ORDINANCE TO AMEND THE HUNTINGTON BEACH MUNICIPAL CODE BY DELETING CHAPTER 2.66 THEREOF ENTITLED 'COMMUNITY PARENT GUARDIAN REVIEW BOARD FOR PROCUREMENT OF CHILDREN'S LIBRARY MATERIALS' AND ADDING SECTION 2.03.090 THERETO ENTITLED 'SELECTION AND USE OF LIBRARY MATERIALS WHEREAS, pursuant to authority provided by statute, a petition has been filed with the legislative body of the City of Huntington Beach, California, signed by more than 10 percent of the number of registered voters of the city to submit a proposed ordinance relating to selection and use of library materials; and WHEREAS, the Orange County Registrar of Voters examined the records of registration and ascertained that the petition is signed by the requisite number of voters, and has so certified; and WHEREAS, the City Council has not voted in favor of the adoption of the ordinance; and WHEREAS, the City Council is authorized and directed by statute to submit the proposed ordinance to the voters, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION I. That pursuant to the requirements of the laws of the State of California relating to charter cities, there is called and ordered to be held in the City of Huntington Beach, California, on Tuesday, ______ , 2025, a Special Municipal Election for the purpose of submitting the following proposed ordinance: Shall the Ordinance to Amend the Huntington Beach YES Municipal Code by Deleting Chapter 2.66 Thereof Entitled 'Community Parent Guardian Review Board for Procurement of Children's Library Materials' and Adding Section 2.30.090 Thereto Entitled 'Selection NO and Use of Library Materials' be adopted? SECTION 2. That the text of the ordinance submitted to the voters is attached hereto as Exhibit A. 123 RESOLUTION NO. 2025-20 SECTION 3. That the vote requirement for the measure to pass is a majority (50%+ 1) of the votes cast. SECTION 4 . That the ballots to be used at the election shall be in form and content as required by law. SECTION 5. That the vote centers shall be open at seven o 'clock a.m. of the day of the election and shall remain open continuously from that time until 8:00 o'clock p.m. of the same day w hen the vote centers shall be closed, pursuant to Elections Code § 10242, except as otherwise provided in the Elections Code of the State of California. SECTION 6. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. SECTION 7. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give futiher or additional notice of the election, in time, form and manner as required by law. SECTION 8. That the City Clerk shall cetiify to the passage and adoption of this resolution and enter it into the book of original resolutions. P ASSED, APPROVED AND ADOPTED by the City Council of the City of Huntington Beach at a regular m eeting thereof held on _______ , 2025. Mayor ATTEST: City Clerk APPROVED AS TO FORM: Cizy~~eyl~ 2 24-15693 / 370380 124 The People of the City of Huntington Beach do hereby ordain as follows: SECTION 1: Chapter 2.66 of Title 2 of the Huntington Beach Municipal Code is stricken. SECTION 2. A new Section 2.30.090 of Title 2 of the Huntington Beach Municipal Code is added to read as follows: 2.30.900. Selection and Use of Library Materials Director and Library Services shall establish policies for the selection and use of library materials, provided that such policies adopt the following r~quirements: I A. The Library serves as a center for voluntary inquiry and the dissemination of information and ideas. B. Library materials shall not be excluded from the library collection because of the origin, background, or views of those contributing to the creation of the materials,or because of the topic addressed by the materials or the views expressed in the materials. C. Library materials should be provided for the interest, information, and enlightenment of all people, and should present diverse points of view in thecollection as a whole. D. The public has the right to receive access to a range of social, political, aesthetic, moral, and other ideas and experiences. 24-15693 / 366039 125 RESOLUTION NO. 2025-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO RENDER SPECIFIED SERVICES TO THE CITY RELATING TO THE CONDUCT OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY,---~' 2025 WHEREAS, a Special Municipal Election is to be held in the City of Huntington Beach, California, on _______ , 2025; and WHEREAS, for this election involving a citizen measure the City requests services of the County; and WHEREAS, all necessary expenses in performing these services shall be paid by the City of Huntington Beach, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to the provisions of§ 10002 of the Elections Code of the State of California, the City Council requests the Board of Supervisors of the County to permit the County Election Department to prepare and furnish the following for use in conducting the election: 1. A listing of county precincts with number of registered voters in each, so city may consolidate election precincts into city voting precincts, and maps of the voting precincts; 2. A list of polling places (vote centers) and poll workers the county uses for their elections; 3. The voter record of the names and address of all eligible registered voters in the City in order that the City's consultant may: a. Produce labels for vote-by-mail voters; b. Produce labels for voter information guides; c. Print Rosters of Voters and Street Indexes; 4. Voter signature verification services as needed; 5. Make available to the City election equipment and assistance as needed according to state law. SECTION 2. That the City shall reimburse the County for services performed when the 126 RESOLUTION NO. 2025-21 work is completed and upon presentation to the City of a properly approved bill. SECTION 3. That the City Clerk is directed to forward without delay to the Board of Supervisors and to the County Election Department, each a certified copy of this resolution. SECTION 4. That the City Clerk shall ce1tify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED, APPROVED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on _________ ., 2025. ATTEST: City Clerk 24-1 5693/ 363028 2 Mayor APP ' ov:ED ,As !f O FORM: ,~ v,,~-- City Attorney 127 RESOLUTION NO. 2025-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH SETTING PRIORITIES FOR FILING A WRITTEN ARGUMENT(S) REGARDING A CITY MEASURE AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS WHEREAS, a Special Municipal Election is to be held in the City of Huntington Beach, California, on ________ , 2025, at which there will be submitted to the voters the following measure: Shall the Ordinance to Amend the Huntington Beach YES Municipal Code by Deleting Chapter 2.66 Thereof Entitled 'Community Parent Guardian Review Board for Procurement of Children's Libra1y Materials' and Adding Section 2.30.090 Thereto Entitled 'Selection NO and Use of Library Materials' be adopted? NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That the City Council authorizes the following member(s) of its body _______ (Council Member In Favor) or _____ (Council Member Against) -------(Council Member In Favor) or (Council Member Against) _______ (Council Member In Favor) or (Council Member Against) _______ (Council Member In Favor) or (Council Member Against) _______ (Council Member In Favor) or (Council Member Against) _______ (Council Member In Favor) or (Council Member Against) _______ (Council Member In Favor) or (Council Member Against) to file (a) written argument(s) not exceeding 300 words regarding the City measure as specified above, accompanied by the printed name( s) and signature( s) of the author( s) submitting it, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California. The arguments may be changed or withdrawn until and including the date fixed by the City Clerk after which no arguments for or against the City measure may be submitted to the City Clerk. The arguments shall be filed with the City Clerk, signed, with the printed name( s) and signature( s) of the author( s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers who is the author of the argument. The arguments shall be accompanied by the Form of Statement To Be Filed By Author(s) of Argument. 128 RESOLUTION NO. 2025-22 SECTION 2 . That the City Council directs the City Clerk to transmit a copy of the measure to the City Attorney, unless the organization or salaries of the office of the City Attorney are affected. a. The City Attorney shall prepare an impartial analysis of the measure not exceeding 500 words showing the effect of the measure on the existing law and the operation of the measure. If the measure affects the organization or salaries of the office of the city attorney, the city clerk shall prepare the impartial analysis. b. The analysis shall include a statement indicating whether the measure was placed on the ballot by a petition signed by the requisite number of voters or by the governing body of the city. c . In the event the entire text of the measure is not printed on the ballot, nor in the voter infom1ation portion of the voter information guide, there shall be printed immediately below the impartial analysis , in no less than 10-point type, the following: "The above statement is an impartial analysis of Ordinance or Measure _. If you desir e a copy of the ordinance or measure, please call the elections official 's office at (insert phone number) and a copy will be mailed at no cost to you." d. The impartial analysis shall be filed by the date set by the Ci ty Clerk for the filing of primary arguments. SECTION 3 . That the City Clerk shall ce1tify to the passage and adoption of this resolution and enter it into the book of original resolutions. PASSED, APPROVED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on _________ , 2025. Mayor ATTEST: APPROVED A S TO FORM: City Clerk 1 'l · (~ i A !!Jv City°Attomey x;., f v- 2 24-1569 3 I 370383 129 RESOLUTION NO. 2025-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR CITY MEASURES SUBMITTED AT MUNICIPAL ELEC11ONS WHEREAS,§ 9282 of the Elections Code of the State of California provides for written arguments to be filed in favor of or against city measures not to exceed 300 words in length; and WHEREAS, § 9285 of the Elections Code of the State of California authorizes the City Council, by majority vote, to adopt provisions to provide for the filing of rebuttal arguments for city measures submitted at municipal elections, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to Section 9285 of the Elections Code of the State of California, when the elections official has selected the arguments for and against the measure (not exceeding 300 words each) which will be printed and distributed to the voters, the elections official shall send a copy of an argument in favor of the proposition to the authors of any argument against the measure and a copy of an argument against the measure to the authors of any argument in favor of the measure immediately upon receiving the arguments. The author or a majority of the authors of an argument relating to a city measure may prepare and submit a rebuttal argument not exceeding 250 words or may authorize in writing any other person or persons to prepare, submit, or sign the rebuttal argument. A rebuttal argument shall not be signed by more than five authors. The rebuttal arguments shall be filed with the City Clerk, signed, with the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers, not more than 10 days after the final date for filing direct arguments. The rebuttal arguments shall be accompanied by the Form of Statement To Be Filed By Author(s) of Argument. Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut. SECTION 2. That all previous resolutions providing for the filing of rebuttal arguments for city measures are repealed. SECTION 3. That the provisions of Section 1 shall apply at the next ensuing municipal election and at each municipal election after that time. 130 RESOLUTION NO. 2025-12 SECTION 4. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED, APPROVED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on ______ , 2025. Mayor ATTEST: APPROVED AS TO FORM: City Clerk (/.-, City Attorney 2 24-15693 I 363032 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-155 MEETING DATE:3/4/2025 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Travis Hopkins, Acting City Manager PREPARED BY:Jennifer Carey, Deputy City Manager Subject: Consider Options on How to Proceed for Citizen Initiative “An Ordinance to Amend the Huntington Beach Municipal Code by Adding New Section 2.30.100, Entitled ‘Public Operation of Library Services’” Statement of Issue: On January 21, 2025, the City Council adopted Resolution No. 2025-03 accepting the Certificate as to Verification of Signatures from the Orange County Registrar of Voters for a citizen initiative , “An Ordinance to Amend the Huntington Beach Municipal Code by Adding New Section 2.30.100, Entitled ‘Public Operation of Library Services’.” Additionally, the City Council ordered a “Report of Effect of Proposed Initiative” for the citizen initiative to return for the City Council’s review within 30 days. On February 18, 2025, staff returned to the City Council providing the “Report of Effect of Proposed Initiative” and is now returning to seek direction from the City Council on how to proceed. Financial Impact: Based upon the City Council’s recommendation, the estimated cost to submit this initiative to voters will range from approximately $340,515 to $1,315,402. This cost will be in addition to the amount already due to the Registrar of Voters to conduct the certified verification of signatures contained in the petition in the amount of approximately $59,000. Recommended Action: A) Adopt Resolution No. 2025-13, “A Resolution of the City Council of the City of Huntington Beach Calling for and Ordering the Holding of a General Election on Tuesday, November 3, 2026, for Submission to Voters an Initiative Ordinance to Amend the Huntington Beach Municipal Code by Adding New Section 2.03.100, Entitled ‘Public Operation of Library Services;’” OR, B) Call for a special election to be held not less than 88 days, nor more than 103 days after the order of the election, and: 1. Adopt Resolution No. 2025-23, “A Resolution of the City Council of the City of Huntington City of Huntington Beach Printed on 2/26/2025Page 1 of 3 powered by Legistar™ 131 File #:25-155 MEETING DATE:3/4/2025 Beach Calling for and Ordering the Holding of a Special Election on Tuesday, ________, 2025, for Submission to Voters an Initiative Ordinance to Amend the Huntington Beach Municipal Code by Adding New Section 2.03.100, Entitled ‘Public Operation of Library Services;’” and, 2. Adopt Resolution No. 2025-24, “A Resolution of the City Council of the City of Huntington Beach Requesting the Board of Supervisors of the County of Orange to Render Specified Services to the City Relating to the Conduct of a Special Election to be Held on Tuesday, ________, 2025;” and, 3. Adopt Resolution No. 2025-25, “A Resolution of the City Council of the City of Huntington Beach Setting Priorities for Filing a Written Argument(s) Regarding a City Measure and Directing the City Attorney to Prepare an Impartial Analysis;” and, 4. Adopt Resolution No. 2025-16, “A Resolution of the City Council of the City of Huntington Beach, California, Providing for the Filing of Rebuttal Arguments for City Measures Submitted at Municipal Elections” Alternative Action(s): Do not approve, and direct staff accordingly. Analysis: On January 21, 2025, the City Council adopted Resolution No. 2025-03 accepting the Certificate as to Verification of Signatures from the Orange County Registrar of Voters for a citizen initiative , ”An Ordinance to Amend the Huntington Beach Municipal Code by Adding New Section 2.30.100, Entitled ‘Public Operation of Library Services’.” Additionally, the City Council ordered a “Report of Effect of Proposed Initiative” for the citizen initiative to return for the City Council’s review within 30 days. On February 18, 2025, staff returned to the City Council providing the “Report of Effect of Proposed Initiative” and is now returning to seek direction from the City Council on how to proceed. Cost of the Election: Should the City Council decide to hold a special election for this initiative, the estimated cost would range from $1,190,478 to $1,315,405. The next General Election would be November 3, 2026. Should the City Council elect to submit for this date, the cost would range from $340,515 to $399,499. If the City Council decides to include the second citizen initiative (“To Repeal Ordinance No. 4318 by Deleting Huntington Beach Municipal Code Chapter 2.66 - Community-Parent Guardian Review Board for Procurement of Children’s Library materials, and Adding Section 2.30.090 - Selection and Use of Library Materials”), an additional cost of approximately $8,500 would be incurred for both scenarios. The above referenced costs are in addition to the amount due for the certified verification of signatures totaling approximately $59,000. Should the initiative pass, the cost for implementation and long-term operations would be minimal. 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 City of Huntington Beach Printed on 2/26/2025Page 2 of 3 powered by Legistar™ 132 File #:25-155 MEETING DATE:3/4/2025 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 Attachment(s): 1. Resolution No. 2025-13 - “A Resolution of the City Council of the City of Huntington Beach Calling for and Ordering the Holding of a General Election on Tuesday, November 3, 2026, for Submission to Voters an Initiative Ordinance to Amend the Huntington Beach Municipal Code by Adding New Section 2.03.100, Entitled ‘Public Operation of Library Services’” 2. Resolution No. 2025-23 - “A Resolution of the City Council of the City of Huntington Beach Calling for and Ordering the Holding of a Special Election on Tuesday, ________, 2025, for Submission to Voters an Initiative Ordinance to Amend the Huntington Beach Municipal Code Adding New Section 2.03.100, Entitled ‘Public Operation of Library Services’” 3. Resolution No. 2025-24, “A Resolution of the City Council of the City of Huntington Beach Requesting the Board of Supervisors of the County of Orange to Render Specified Services to the City Relating to the Conduct of a Special Election to be Held on Tuesday, _______, 2025” 4. Resolution No. 2025-25, “A Resolution of the City Council of the City of Huntington Beach Setting Priorities for Filing a Written Argument(s) Regarding a City Measure and Directing the City Attorney to Prepare an Impartial Analysis” 5. Resolution No. 2025-16, “A Resolution of the City Council of the City of Huntington Beach, California Providing for the Filing of Rebuttal Arguments for City Measures Submitted at Municipal Elections” City of Huntington Beach Printed on 2/26/2025Page 3 of 3 powered by Legistar™ 133 134 RESOLUTION NO. 2025-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH CALLING FOR AND ORDERING THE HOLDING OF A GENERAL ELECTION ON TUESDAY, NOVEMBER 3, 2026, FOR SUBMISSION TO VOTERS AN INITIATIVE ORDINANCE TO AMEND THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING NEW SECTION 2.03.100, ENTITLED "PUBLIC OPERATION OF LIBRARY SERVICES" WHEREAS, pursuant to authority provided by statute, a petitiou has been filed with the legislative body of the City of Huntington Beach, California, signed by more than 10 percent of the number of registered voters of the city to submit a proposed ordinance relating to selection and use of library materials; and WHEREAS, the Orange County Registrar of Voters examined the records of registration and ascertained that the petition is signed by the requisite number of voters, and has so certified; and WHEREAS, the City Council has not voted in favor of the adoption of the ordinance; and WHEREAS, the City Council is authorized and directed by statute to submit the proposed ordinance to the voters, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to the requirements of the laws of the State of California relating to charter cities, there is called and ordered to be held in the City of Huntington Beach, California, on Tuesday, November 3, 2026, a General Municipal Election for the purpose of submitting the following proposed ordinance: Shall the Ordinance to Amend the Huntington Beach YES Municipal Code by Adding New Section 2.30.100, Entitled "Public Operation of Library Services" be adopted? NO SECTION 2. That the text of the ordinance submitted to the voters is attached hereto as Exhibit A. SECTION 3. That the vote requirement for the measure to pass is a majority (50%+ 1) of the votes cast. SECTION 4. That the ballots to be used at the election shall be in form and content as 135 RESOLUTION NO. 2025-13 required by law. SECTION 5. That the vote centers shall be open at seven o'clock a.m. of the day of the election and shall remain open continuously from that time until 8:00 o'clock p.m. of the same day when the vote centers shall be closed, pursuant to Elections Code § 10242, except as otherwise provided in the Elections Code of the State of California. SECTION 6 . That in all paiticulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. SECTION 7. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. SECTION 8. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions . PASSED, APPROVED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on _______ , 2025. Mayor ATTEST: APPRPVf:D AS T9 FORM: \ 1/0\1:-\ /~- City Clerk City¼ttorney '--' p...,{ 2 25 -1 5845 /366079 136 The People of the City of Huntington Beach do hereby ordain as follows: SECTION 1: New Section 2.30.100 of the Huntington Beach Municipal Code is added to read as follows: 2.30.100 Public Operation of Library Services No public library owned or operated by the City as of March 19, 2024, or hereafter owned or operated by the City, shall be sold, leased, exchanged or otherwise transferred or disposed of, nor shall any service provided by the Huntington Beach Public Library as of March 19, 2024, be operated or managed by a private contractor that employs library staff to achieve cost savings and/or any proposal that would change the wholesale management of any Huntington Beach libra1y unless: (1) such service was outsourced to a private organization or operated pursuant to a managed services agreement with a private entity during any period from January 1, 2018 through March 19, 2024; (2) the City declares a fiscal emergency pursuant to Article XIIIC, Section 2(b) of the California Constitution; or (3) it is authorized by the affirmative votes ofat least a majority of the total membership of the City Council and by the affinnative vote ofat least a majority of the electors voting on such proposition at a general or special election at which such proposition is submitted. Any contract to change the wholesale management or outsource library management and operations services to a private contractor entered into between March 19, 2024 and the adoption of this Section 2.30.100, shall be considered void or shall be immediately canceled to the extent permitted by law. 25-15845 / 366082 137 RESOLUTION NO. 2025-23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH CALLING FOR AND ORDERING THE HOLDING OF A SPECIAL ELECTION ON TUESDAY, _____ ,, 2025, FOR SUBMISSION TO VOTERS AN INITIATIVE ORDINANCE TO AMEND THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING NEW SECTION 2.03.100, ENTITLED "PUBLIC OPERATION OF LIBRARY SERVICES" WHEREAS, pursuant to authority provided by statute, a petition has been filed with the legislative body of the City of Huntington Beach, California, signed by more than 10 percent of the number of registered voters of the city to submit a proposed ordinance relating to selection and use of libra1y materials; and WHEREAS, the Orange County Registrar of Voters exan1ined the records of registration and ascertained that the petition is signed by the requisite number of voters, and has so certified; and WHEREAS, the City Council has not voted in favor of the adoption of the ordinance; and WHEREAS, the City Council is authorized and directed by statute to submit the proposed ordinance to the voters, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to the requirements of the laws of the State of California relating to charter cities, there is called and ordered to be held in the City of Huntington Beach, California, on Tuesday, , 2025, a Special Municipal Election for the purpose of submitting the following proposed ordinance: Shall the Ordinance to Amend the Huntington Beach YES Municipal Code by Adding New Section 2.30.100, Entitled "Public Operation of Library Services" be adopted? NO SECTION 2. That the text of the ordinance submitted to the voters is attached hereto as Exhibit A. SECTION 3. That the vote requirement for the measure to pass is a majority (50%+ 1) of the votes cast. SECTION 4. That the ballots to be used at the election shall be in form and content as 138 RESOLUTION NO. 2025-23 required by law. SECTION 5. That the vote centers shall be open at seven o'clock a.m. of the day of the election and shall remain open continuously from that time until 8:00 o'clock p.m. of the same day when the vote centers shall be closed, pursuant to Elections Code § 10242, except as otherwise provided in the Elections Code of the State of California. SECTION 6. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. SECTION 7. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. SECTION 8. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. PASSE D , APPROVED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on _______ , 2025. Mayor ATTEST: City Clerk City Attorney 2 25-15845 / 370396 139 The People of the City of Huntington Beach do hereby ordain as follows: SECTION 1: New Section 2.30.100 of the Huntington Beach Municipal Code is added to read as follows: 2.30.100 Public Operation of Library Services No public library owned or operated by the City as of March 19, 2024, or hereafter owned or operated by the City, shall be sold, leased, exchanged or otherwise transferred or disposed of, nor shall any service provided by the Huntington Beach Public Library as of March 19, 2024, be operated or managed by a private contractor that employs library staff to achieve cost savings and/or any proposal that would change the wholesale management of any Huntington Beach library unless: (1) such service was outsourced to a private organization or operated pursuant to a managed services agreement with a private entity during any period from January 1, 2018 through March 19, 2024; (2) the City declares a fiscal emergency pursuant to Article XIIIC, Section 2(b) of the California Constitution; or (3) it is authorized by the affirmative votes of at least a majority of the total membership of the City Council and by the affirmative vote of at least a majority of the electors voting on such proposition at a general or special election at which such proposition is submitted. Any contract to change the wholesale management or outsource library management and operations services to a private contractor entered into between March 19, 2024 and the adoption of this Section 2.30.100, shall be considered void or shall be immediately canceled to the extent permitted by law. 25-15845 / 366082 140 RESOLUTION NO. 2025-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO RENDER SPECIFIED SERVICES TO THE CITY RELATING TO THE CONDUCT OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, ---~' 2025 WHEREAS, a Special Municipal Election is to be held in the City of Huntington Beach, California, on------~' 2025; and WHEREAS, for this election involving a citizen measure it is necessary for the City to request the services of the County; and WHEREAS, all necessary expenses in performing these services shall be paid by the City of Huntington Beach, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION I. That pursuant to the provisions of§ 10002 of the Elections Code of the State of California, the City Council requests the Board of Supervisors of the County to permit the County Election Department to prepare and furnish the following for use in conducting the election: I. A listing of county precincts with number of registered voters in each, so city may consolidate election precincts into city voting precincts, and maps of the voting precincts; 2. A list of polling places (vote centers) and poll workers the county uses for their elections; 3. The voter record of the names and address of all eligible registered voters in the City in order that the City's consultant may: a. Produce labels for vote-by-mail voters; b. Produce labels for voter information guides; c. Print Rosters of Voters and Street Indexes; 4. Voter signature verification services as needed; 5. Make available to the City election equipment and assistance as needed according to state law. SECTION 2. That the City shall reimburse the County for services performed when the 141 RESOLUTION N O . 2025-24 work is completed and upon prese ntation to the City of a properl y approved bill. SECTION 3. That the City Clerk is directed to forward without delay to the Board of Superv isors and to the County Election Department, each a certified copy of this resolution. SECTION 4. That the City Clerk shall c ertify to the passage and adoption of this Resolution and enter it into the book of orj g inal Resolutions. PASSED, APPROVED AND ADOPTED by the City Council of the City of Huntington B each at a regular meeting thereof held on _________ , 2025. Mayor ATTEST: City Clerk 2 25 -15845 / 370401 142 RESOLUTION NO. 2025-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH SETTING PRIORITIES FOR FILING A WRITTEN ARGUMENT(S) REGARDING A CITY MEASURE AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS WHEREAS, a Special Municipal Election is to be held in the City of Huntington Beach, California, on ________ , 2025, at which there will be submitted to the voters the following measure: Shall the Ordinance to Amend the Huntington Beach YES Municipal Code by Adding New Section 2.30.100, Entitled "Public Operation of Library Services" be adopted? NO NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That the City Council authorizes the following member(s) of its body _______ (Council Member In Favor) or _____ (Council Member Against) _______ (Council Member In Favor) or (Council Member Against) _______ (Council Member In Favor) or (Council Member Against) -------(Council Member In Favor) or (Council Member Against) _______ (Council Member In Favor) or (Council Member Against) _______ (Council Member In Favor) or (Council Member Against) _______ (Council Member In Favor) or (Council Member Against) to file (a) written argument(s) not exceeding 300 words regarding the City measure as specified above, accompanied by the printed name(s) and signature(s) of the author(s) submitting it, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California. The arguments may be changed or withdrawn 1mtil and including the date fixed by the City Clerk after which no arguments for or against the City measure may be submitted to the City Clerk. The arguments shall be filed with the City Clerk, signed, with the printed name(s) and signature( s) of the author( s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers who is the author of the argument. The arguments shall be accompanied by the Form of Statement To Be Filed By Author(s) of Argument. 143 RESOLUTION NO. 2025-25 SECTION 2. That the City Council directs the City Clerk to transmit a copy of the measure to the City Attorney, unless the organiz ation or salaries of the office of the City Attorney are affected. a. The City Attorney shall prepare an impartial analysis of the measure not exceeding 500 words showing the effect of the measure on the existing law and the operation of the measure. If the measure affects the organization or salaries of the office of the city attorney, the city clerk shall prepare the impartial analysis . b. The analysis shall include a statement indicating whether the measure was placed on the ballot by a petition signed by the requisite number of voters or by the governing body of the city. c. In the event the entire text of the measure is not printed on the ballot, nor in the voter information portion of the voter information guide, there shall be printed immediately below the impartial analysis, in no less than 10-point type, the following: "The above statement is an impartial analysis of Ordinance or Meas ure _. If you de sire a copy of the ordinance or measure, please call the elections official's office at (insert phone number) and a copy will be mailed at no cost to you." d. The impru.tial analysis shall be filed by the date set by the City Clerk for the filing of primary arguments. SECTION 3. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original re solutions. PASSED, APPROVED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on _________ , 2025. Mayor ATTEST: APPrt:TO~ City Clerk City Attorney fv-- 2 25-15845 I 370403 144 RESOLUTION NO. 2025-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR CITY MEASURES SUBMITTED AT MUNICIPAL ELECTIONS WHEREAS, § 9282 of the Elections Code of the State of California provides for written arguments to be filed in favor of or against city measures not to exceed 300 words in length; and WHEREAS, § 9285 of the Elections Code of the State of California authorizes the City Council, by majority vote, to adopt provisions to provide for the filing of rebuttal arguments for city measures submitted at municipal elections, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION I. That pursuant to Section 9285 of the Elections Code of the State of California, when the elections official has selected the arguments for and against the measure (not exceeding 300 words each) which will be printed and distributed to the voters, the elections official shall send a copy of an argument in favor of the proposition to the authors of any argument against the measure and a copy of an argument against the measure to the authors of any argument in favor of the measure immediately upon receiving the arguments. The author or a majority of the authors of an argument relating to a city measure may prepare and submit a rebuttal argument not exceeding 250 words or may authorize in writing any other person or persons to prepare, submit, or sign the rebuttal argument. A rebuttal argument shall not be signed by more than five authors. The rebuttal arguments shall be filed with the City Clerk, signed, with the printed name( s) and signature( s) of the author( s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers, not more than 10 days after the final date for filing direct arguments. The rebuttal arguments shall be accompanied by the Form of Statement To Be Filed By Author(s) of Argument. Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut. SECTION 2. That all previous resolutions providing for the filing of rebuttal arguments for city measures are repealed. SECTION 3. That the provisions of Section I shall apply at the next ensuing municipal election and at each municipal election after that time. 145 RESOLUTION NO. 2025-16 SECTION 4. That the City Clerk shall ce1iify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED, APPROVED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereo f held on ______ , 2025. Mayor ATTEST: APPROVED AS TO FORM: City Clerk fv-City Attorney 2 25 -1 5845 I 366075